Aglibot v. Mañalac
G.R. No. L-14530, April 25, 1962
FACTS:
The subject parcel of land belonged to the conjugal partnership of Anacleto and Maria. They had a daughter named Juliana. When Maria died, she was survived by her husband, daughter, and 2 sisters. Her ½ portion of the conjugal property was inherited by her daughter.
Subsequently, Anacleto contracted a second marriage with Andrea, with whom he had 6 children. Thereafter, Juliana died intestate without any descendant, thus living to her father the property she inherited from her mother. Years later, Anacleto died.
ISSUE:
Who is entitled to the land that Anacleto inherited from his daughter, as between the sisters of Maria on the one hand, and Andre and their 6 children, on the other hand?
RULING:
The land in question is reservable property in accordance with the provisions of Article 811 of the Spanish Civil Code (Article 891 of the New Civil Code). In accordance with law, therefore, AnacletoMañalac was obliged to reserve the portion he had thus inherited from his daughter for the benefit of the Aunts of Juliana on the maternal side and who are, therefore, her relative within the third degree belonging to the line from which said property came.
