Reserva troncal in Philippine inheritance law (everything you need to know)

This is a practitioner-style explainer for the Philippine setting. It walks through the statutory rule, the parties, when it applies (and when it doesn’t), what happens to the property while the rule is “alive,” and how to administer and litigate a reserva troncal.

1) What is reserva troncal?

Reserva troncal (also called reserva troncalis, the “trunk line reservation”) is a special, narrowly-tailored rule in Philippine succession law found in Article 891 of the Civil Code.

It forces an ascendant (e.g., parent, grandparent) who inherits certain property from a descendant (child, grandchild) to hold that property subject to a legal reservation. When the ascendant (the “reservista”) later dies, that property must revert to specified relatives (“reservatarios”) who are within the third degree and belong to the line from which the property originally came.

In short: property that came from one family line to a descendant, and then upward to an ascendant by inheritance, is “reserved” to go back down to blood relatives of the original donor’s line when that ascendant dies.

2) The three actors (and their roles)

Prepositus – the descendant who received the property by gratuitous title (gift or inheritance) from the original line, and from whom the ascendant later inherits.
Reservista – the ascendant who inherits the property from the prepositus. The reservista owns the property during his/her lifetime, but subject to the reserva.
Reservatarios – the relatives within the third degree and of the line from which the property originally came to the prepositus. Upon the reservista’s death, the property reverts to the reservatarios (nearest exclude the more remote).

3) The legal elements (checklist)

Reserva troncal exists only if all of these are present:

Original gratuitous acquisition by the prepositus The prepositus must have acquired the property by gratuitous title (donation inter vivos or mortis causa) from an ascendant, or from a brother or sister. (Sale/exchange/onerous titles do not qualify.)
Transmission from prepositus to an ascendant by inheritance That same property must pass from the prepositus to an ascendant (the would-be reservista) by succession (testate or intestate). A lifetime transfer from the prepositus to the ascendant does not trigger reserva; it must be inherited.
Reservatarios must be identifiable by line and degree The relatives entitled to the reversion must be within the third degree (counted from the prepositus) and must belong to the line from which the property came (i.e., the donor’s/brother’s/sister’s line).
The property (or its direct substitute) must still exist at the reservista’s death The reserva ripens only at the death of the reservista, and only as to the property (or what legally replaces it) then forming part of his/her estate.

If any element is missing, no reserva.

4) How degrees and “line” work

Within the third degree from the prepositus means:
- 1st degree: parents/children of the prepositus
- 2nd degree: grandparents, grandchildren, full/half siblings
- 3rd degree: great-grandparents, great-grandchildren, uncles/aunts, nephews/nieces, first cousins (counted civilly)
“Belong to the line from which the property came” means the reservatarios must be blood relatives in the donor’s line (the “trunk”). Example: If the property originally came from the maternal grandmother, the qualified reservatarios must be relatives in the maternal line of the prepositus.
Who takes among reservatarios? Nearest of kin at the reservista’s death exclude the more remote (no representation). The class is fixed only upon the reservista’s death; people living then qualify, those who predeceased do not.

5) Nature of the reservista’s right while alive

The reservista acquires ownership, but it is resolutory and encumbered by the reserva: it will terminate in favor of qualifying reservatarios when the reservista dies.
Fruits and income during the reservista’s lifetime belong to the reservista. Reservatarios have no right to demand fruits before reversion.
The reservista may possess, use, collect income, and even dispose of the property inter vivos; however, any transferee takes it subject to the reserva (i.e., at the reservista’s death, the property must still revert to the reservatarios—it “follows” the property). This is why prudent practice is to have the reserva annotated on the title.

6) Dispositions, encumbrances, and substitutes

Sale/mortgage by reservista: Valid between the parties, but subject to the resolutory condition in favor of reservatarios. If the property remains in the reservista’s patrimony at death, it reverts to reservatarios. If it has been alienated, reservatarios may recover the property (or, depending on circumstances, its subrogated equivalent as recognized by property and obligations principles). Good-faith purchasers are typically on notice if the reserva is annotated.
Loss or expropriation: The indemnity/insurance proceeds that directly replace the property are generally caught by the reserva under the rules on real subrogation.
Improvements and expenses: Upon reversion, reservatarios must respect necessary and useful improvements made by the reservista, with the latter (or his estate) having the corresponding reimbursement/right of retention under civil law rules.

7) When does the reserva end (or never arise)?

No qualifying origin: If the prepositus acquired the property for value, or from someone other than an ascendant/sibling, no reserva.
No inheritance to ascendant: If the property did not pass by succession from the prepositus to an ascendant (e.g., it was donated inter vivos to the ascendant), no reserva.
Reservatarios all predecease: If no reservatario exists at the reservista’s death (e.g., all potential relatives within the third degree in the donor’s line have predeceased or do not exist), the resolutory condition fails, and the reservista’s ownership consolidates freely in his heirs.
Consolidation by subsequent events: Where the property leaves the patrimony and no subrogation applies, or the line becomes extinct, the practical effect is that nothing remains to revert.

8) Distinguishing reserva troncal from similar concepts

Not legitime/forced heirship – Reserva troncal is a special reversionary encumbrance, not a share of legitime. It operates only if Article 891’s elements are present.
Not fideicommissary substitution – A fideicommissary substitution (Art. 863) is testamentary, created by a will, with two successive beneficiaries designated by the testator (subject to the 2nd degree rule). Reserva troncal is legal, automatic if the facts fit Article 891, and its beneficiaries are described by law, not by a testator.
Not collation/reduction – Those doctrines deal with bringing donations to account to protect legitimes. Reserva troncal is about reverting property to the trunk line upon the reservista’s death.

9) Practical administration (for lawyers, notaries, registrars)

A. Due diligence & fact-finding

Trace the chain of title: (i) donor/ascendant or sibling → (ii) prepositus (gratuitous title) → (iii) ascendant by inheritance.
Identify the line (maternal/paternal) from which the property came.
List all possible reservatarios (third degree from the prepositus) and verify who is alive at the reservista’s death.

B. Estate planning & transactions while reservista is alive

Annotate the reserva on the certificate of title to protect all parties.
If selling/mortgaging, disclose the reserva risk; consider warranties/escrow or substitution clauses acknowledging potential reversion.
Keep records of improvements and necessary expenses for eventual reimbursement on reversion.

C. At the reservista’s death

Fix the class: Determine who qualifies as reservatarios at that moment (nearest exclude remote).
Segregate the property (or its substitute) from the reservista’s free estate. It does not pass to the reservista’s heirs/devisees.
Reconvey/retitle directly to the reservatarios.
Account for improvements/expenses and handle any encumbrances consistent with the property’s reversion.

D. Registration

While the Civil Code does not expressly require it, annotation in the Registry of Deeds is best practice to protect both reservatarios and third persons and to avoid good-faith purchaser disputes.

10) Worked examples

Example 1 (straightforward reversion)

Step 1: Lola Maria (maternal grandmother) donates Lot A to Ana (granddaughter).
Step 2: Ana later dies; her mother (Bea) inherits Lot A from Ana.
Result: Bea is the reservista. When Bea dies, Lot A reverts to the maternal line relatives within the 3rd degree from Ana (e.g., Ana’s maternal aunts/uncles or cousins, depending on who is nearest and alive then). Bea’s other heirs do not inherit Lot A.

Example 2 (no reserva)

Tito Raul (mother’s brother) sells Condo X to Ben (nephew) for market price. Ben later dies; his father inherits Condo X.
No reserva because Ben acquired for value (onerous title). Article 891 does not apply.

Example 3 (all reservatarios predecease)

Lolo Pedro bequeaths Farm F to Pia (granddaughter). Pia dies; her father (Ramon) inherits F (Ramon is reservista). Over time, all relatives within the third degree in Pedro’s line die before Ramon.
When Ramon dies, no reservatarios exist; the resolutory condition fails, and Farm F remains in Ramon’s estate for his own heirs.

11) Common pitfalls and how courts typically view them

Assuming the rule is broad: It is strictly construed; each statutory element must be proved.
Confusing degrees of relationship: Always count from the prepositus (not from the reservista).
Missing the “line” requirement: Even if someone is within the third degree, if they are not of the donor’s line, they do not qualify.
Treating it like a usufruct: The reservista’s right is ownership subject to a resolutory condition, not mere usufruct.
Overlooking substitutes: Insurance/expropriation proceeds can be caught by reserva via subrogation principles.
Ignoring annotation: Absent annotation, later transferees may claim good faith—elevate the issue early and annotate to put the world on notice.

12) Interaction with adoption, half-blood, and representation

Adoption: The Family Code treats the adopted child as a legitimate child of the adopter for succession; questions under reserva focus on who the ascendants/siblings are in the eyes of the law and which line the property came from. Analyze on statutory kinship, not merely social ties.
Half-blood relatives: They are counted in civil degrees the same way; what matters is degree and line.
Representation: Does not apply among reservatarios; nearest living at the reservista’s death exclude the more remote.

13) Litigation roadmap (if a dispute arises)

Plead Article 891 facts with particularity: gratuitous origin, identity of the prepositus, inheritance to the ascendant, line, and degrees.
Record/evidence chain of title (donation/will to prepositus; transmission to reservista).
Provisional remedies: where risk of alienation exists, seek annotation, lis pendens, or injunction.
Reliefs: declaration of reserva, reconveyance on reservista’s death (or of the substitute indemnity), accounting for improvements and fruits post-death.

14) Quick reference (one-page checklist)

Ask:
- Did the prepositus get the property gratuitously from an ascendant or a sibling?
- Did an ascendant inherit that same property from the prepositus?
- Are there relatives within the 3rd degree of the prepositus in the donor’s line?
If yes → property is reserved while the ascendant (reservista) is alive; at reservista’s death, it reverts to the nearest reservatarios.
If any answer is no → no reserva troncal.
Always consider annotation, subrogation of substitutes, and improvement reimbursements.

Final note

Reserva troncal is a narrow, lineage-protective carve-out. Properly identifying the prepositus, the reservista, the reservatarios, and the line—and pinning the timeline—is everything. If you’re handling a live matter, build a family tree from the prepositus, map the origin line, and audit the title for annotation and potential substitutes.