Segunda Maria Nieva v. Manuela Alcala
G.R. No. L-13386, October 27, 1920
FACTS:
Juliana Nieva, the alleged natural mother of the plaintiff Segunda Maria Nieva, married Francisco Deocampo. Of said marriage Alfeo De Ocampo was born. Juliana Nieva died intestate on April 19, 1889, and her said son, Alfeo De Ocampo, inherited from her, ab intestate, parcels of land. AlfeoDeocampo died intestate and the parcels of land passed to his father, Francisco De Ocampo, by intestate succession. Thereafter Francisco Deocampo married Manuela Alcala, of which marriage was born Jose De Ocampo. Francisco De Ocampo died on August 15, 1914, whereupon his widow and son, the defendants herein, took possession of the parcels of land in question, under the claim that Jose De Ocampo (a minor) had inherited the same, ab intestate, from his deceased father. Segunda, claiming to be an acknowledged natural daughter of the said Juliana Nieva, instituted the present action for the purposes of recovering from the defendants the parcels of land in question invoking reservatroncal. The lower court held that, even granting, without deciding, that the plaintiff was an acknowledged natural daughter of Juliana Nieva, she was not entitled to the property here in question because, in its opinion, an illegitimate relative has no right to the reservatroncal.
ISSUE:
Is an illegitimate relative within the third degree entitled to reservatroncal?
RULING:
No. In Article 811 (ReservaTroncal) the legislator uses the generic terms “ascendant,” “descendant,” and “relatives,” without specifying whether or not they have to be legitimate. Does the legislator, then, refer to legitimate as well as to illegitimate relatives?
This question has not been decided before by any court or tribunal. However, eminent commentators on the Spanish Civil Code, who have devoted their lives to the study and solution of the intricate and difficult problems that may arise under the provisions of that Code, have dealt with the very question in this case, and are unanimous in the opinion that the provision of Article 811 of the Civil Code apply only to legitimate relative.
Manresa, one of the eminent commentators, in determining the persons in whose favor the reservation is established, says: Persons in whose favor the reservation is established — This is one of the most delicate points in the interpretation of article 811. According to this article, the reservation is established in favor of the parents who are within the third degree and belong to the line from which the properties came.
It treats of blood relationship, which is applicable to questions on succession, according to articles 915 to 920. It could not be otherwise, because relationship by affinity is established between each spouse and the family of the other, by marriage, and to admit it, would be to favor the transmission of the properties of the family of one spouse to that of the other, which is just what the article intends to prevent.
It also treats of legitimate relationship. The person obliged to reserve it is a legitimate ascendant who inherits from a descendant property which proceeds from the same legitimate family, and this being true, there can be no question, because the line from which the properties proceed must be the line of that family and only in favor of that line is the reservation established.
To hold that the appellant is entitled to the property left by her natural brother, Alfeo Deocampo, by operation of law, would be a fragrant violate of the express provision of the foregoing article.
