If in determining the rights of the reservatarios inter se proximity of degree

If in determining the rights of the reservatarios

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If in determining the rights of the reservatarios inter se, proximity of degree and the right of representation of nephews are made to apply, the rule of double share for immediate collaterals, of the whole blood should be likewise operative. In other words, the reserva troncal merely determines the group of relatives (reservatarios) to whom the property should be returned; but within that group the individual right to the property should be decided by the applicable rules of ordinary intestate succession, since Art. 891 does not specify otherwise . This conclusion is strengthened by the circumstance that the reserva being an exceptional case, its application should be limited to what is strictly needed to accomplish the purpose of the law. The restrictive interpretation is the more imperative in view of the new Civil Code’s hostility to successional reservas and reversions, as exemplified by the suppression of the reserva viudal and the reversion legal of the Code of 1889 Even during the reservista’s lifetime, the reservatarios, who are the ultimate acquirers of the property, can already assert the right to prevent the reservista from doing anything that might frustrate their reversionary right; and for this purpose they can compel the annotation of their right in the Registry of Property even while the reservista is alive. This right is incompatible with the mere expectancy that corresponds to the natural heirs of the reservista. It is likewise clear that the reservable property is no part of the estate of the reservista, who may not dispose of them by will, so long as there are reservatarios existing. The latter, therefore, do not inherit from the reservista, but from the descendant prepositus, of whom the reservatarios are the heirs mortis causa, subject of the condition that they must survive the reservista. Had the nephews of whole and half-blood succeeded the prepositus directly, those of full-blood would undoubtedly receive a double share compared to those of the half blood, why then should the latter receive equal shares simply because the transmission of the property was delayed by the interregnum of the reserva? The decedent (causante) the heirs and their relationship being the same, there is no cogent reason why the hereditary portions should vary. Is there representation among the reservatarios? YES, as in intestate succession, the rule of preference of degree among reservatarios is qualified by the rule of representation. BALANE: Actually, there will be only one instance of representation among the reservatarios, a case of the Prepositus being survived by brothers/sisters and children of a predeceased or incapacitated brother/sister. F LORENTINO VS . F LORENTINO 40 P HIL . 480 (1919) CLARENCE TIU A TENEO L AW 4B, B ATCH 2017 OF 110 217 WILLS AND SUCCESSION C IVIL L AW R EVIEWER
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C HAPTER 2: T ESTAMENTARY S UCCESSION S ECTION 5: L EGITIME Property disputed in this case belonged to Apolonio II. He had 11 children, 9 from his first marriage and 2 from his second.The child with the second wife are Mercedes and Apolonio III. When Apolonio II died, his estate was
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