Chua v.
CFI Held: Yes
Facts:
Jose Frias Chua had 2 marriages. First with Patricia, he had 3
children- Ignacio, Manuel and Lorenzo. When Patricia died, he
married Consolacion de la Torre and had one child- Juanito Frias
Chua. Jose Frias Chua died intestate. After the intestate proceeding
the court adjudicated half of lot in question to Consolacion and the
other half to their only son, Juanito. The two sons in the first
marriage, Lorenzo and Ignacio, received P3k and P1550 respectively.
(Manuel already died).
Juanito also died intestate without issue. Consolacion de la Torre
executed a declaration of heirship adjudicating in her favor the pro-
indiviso share of her son Juanito in the lot in question. When dela
Torre died, Ignacio and the heirs of Lorenzo filed a complaint
praying that the one-half portion of the Lot be declared as a
reservable property for the reason that the lot in question was
subject to reserval troncal pursuant to Article 981 NCC.
Lower court dismissed complaint.
Issue:
WON property in question was acquired by Juanito Frias Chua from
his father Jose Frias Chua gratuitously (as first requisite of Reserva
Troncal).
Ratio:
In order that a property may be impressed with a reservable
character the following requisites must exist, to wit: (1) that
the property was acquired by a descendant from an
asscendant or from a brother or sister by gratuitous title; (2)
that said descendant died without an issue; (3) that the
property is inherited by another ascendant by operation of
law; and (4) that there are relatives within the third degree
belonging to the line from which said property came.
All of the foregoing requisites are present. Thus, as borne
out by the records, Juanoito Frias Chua of the second
marriage died intestate in 1952; he died withour leaving any
issue; his pro-indiviso of 1/2 share of Lot No. 399 was
acquired by his mother, Consolacion de la Torre died,
Juannnito Frias Chua who died intestate had relatives within
the third degree. These relatives are Ignacio Frias Chua and
Dominador Chua and Remidios Chua, the suppose
legitimate children of the deceased Lorenzo Frias Chua, who
are the petitioners herein
According to Manresa, "The transmission is gratuitous or by
gratuitous title when the recipient does not give anything in
return." It matters not whether the property transmitted be
or be not subject to any prior charges; what is essential is
that the transmission be made gratuitously, or by an act of
mere liberality of the person making it, without imposing
any obligation on the part of the recipient; and that the
person receiving the property gives or does nothing in
return.
 "the essential thing is that the person who transmits it does
so gratuitously, from pure generosity, without requiring
from the transferee any prestation." It is evident from the
record that the transmission of the property in question to
Juanito Frias Chua of the second marriage upon the death
of his father Jose Frias Chua was by means of a hereditary
succession and therefore gratuitous.
As long as the transmission of the property to the heirs is
free from any condition imposed by the deceased himself
and the property is given out of pure generosity, itg is
gratuitous