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Solivio Vs CA Case Digest

This case involves the estate of Esteban Javellana Jr. who died without descendants. His only surviving relatives were his two aunts - Petitioner Celedonia Solivio and Private Respondent Concordia Javellana-Villanueva. Celedonia claimed the estate based on the reserva troncal provision as Esteban had inherited the properties from his mother Salustia, Celedonia's sister. The Court ruled that the reserva troncal did not apply as Esteban was the descendant, not ascendant of Salustia. It also ruled that Concordia could not recover her share as she had previously agreed to place the entire estate in a foundation in Esteban's honor

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1K views

Solivio Vs CA Case Digest

This case involves the estate of Esteban Javellana Jr. who died without descendants. His only surviving relatives were his two aunts - Petitioner Celedonia Solivio and Private Respondent Concordia Javellana-Villanueva. Celedonia claimed the estate based on the reserva troncal provision as Esteban had inherited the properties from his mother Salustia, Celedonia's sister. The Court ruled that the reserva troncal did not apply as Esteban was the descendant, not ascendant of Salustia. It also ruled that Concordia could not recover her share as she had previously agreed to place the entire estate in a foundation in Esteban's honor

Uploaded by

Tina Tins
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Solivio versus Court of Appeals

182 SCRA 119


February 12, 1990

Facts:
This case involves the estate of the late Esteban Javellana, Jr. He died a bachelor, without descendants,
ascendants, brothers, sisters, nephews or nieces. His only surviving relatives are his two aunts namely; Petitioner
Celedonia Solivio, the sister of his mother Salustia Solivio and Private respondent Concordia Javellana-Villanueva,
sister of his deceased father. Salustia Solivio brought to her marriage paraphernal properties which she had inherited
from her mother but no conjugal property was acquired during her short-lived marriage to Esteban Sr. On October 11,
1959, Salustia died, leaving all her properties to her only child, Esteban, Jr.
During his lifetime, Esteban, Jr. had expressed to his aunt Celedonia his plan to place his estate in a foundation
in honor of his mother. Unfortunately, he died sooner without having set up the foundation. Two weeks after his funeral,
Celedonia told Concordia about Esteban's desire to place his estate in a foundation to be named after his mother, from
whom his properties came, for the purpose of helping indigent students in their schooling. Concordia agreed to carry
out the plan of the deceased.
Pursuant to their agreement that Celedonia would take care of the proceedings leading to the formation of the
foundation. Celedonia then filed a special proceeding for her appointment as special administratrix of the estate.
Thereafter, she was declared sole heir of the estate of Esteban Javellana, Jr. Four months later after the court’s
pronouncement, Concordia Javellana Villanueva filed a motion for reconsideration of the decision because she too was
an heir of the deceased. On October 27, 1978, her motion was denied by the court for tardiness. Instead of appealing
the denial, Concordia filed for partition, recovery of possession, ownership and damages. The trial court ruled in favour
of Concordia and ordered the execution of its judgment pending appeal and required Celedonia to submit an inventory
and accounting of the estate. Celedonia filed a motion for reconsideration which was denied by the trial court. The CA
affirmed the decision of the trial court. Hence, this instant petition.

Issues:
1.) Whether or not the decedent's properties were subject to reserva troncal in favor of Celedonia, his relative
within the third degree on his mother's side from whom he had inherited them
2.) Whether or not private respondent may recover her share of the estate after she had agreed to place the same
in the foundation

Ruling:

1.) Article 891 of the NCC provides for the reserva troncal provision which reads that:
“The ascendant who inherits from his descendant any property which the latter may have
acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property
as he may have acquired by operation of law for the benefit of relatives who are within the degree and who
belong to the line from which said property came.”

No. Based from the foregoing provision, the reserva troncal applies to properties inherited by an ascendant
from a descendant who inherited it from another ascendant or brother or sister. It does not apply to property
inherited by a descendant from his ascendant, the reverse of the situation covered by Article 891. In the case at
bar, the property of the deceased is not a reservable property, for Esteban, Jr. was not an ascendant, but the
descendant of his mother, Salustia Solivio, from whom he inherited the properties in question. Therefore, he did
not hold his inheritance subject to a reservation in favor of his aunt, Celedonia Solivio, who is his relative within the
third degree on his mother's side. Since the deceased, Esteban Javellana, Jr., died without descendants,
ascendants, illegitimate children, surviving spouse, brothers, sisters, nephews or nieces, Articles 1003 and 1009
of the NCC should apply in the distribution of his estate.

2.) No. Private Respondent Concordia had agreed to deliver the estate of the deceased to the foundation, an
agreement which she ratified and confirmed during the court proceedings. She is thereby bound by that agreement.
It is true that by virtue of the agreement, she did not waive her inheritance in favor of Celedonia, but she did agree
to place all of Esteban's estate in the foundation which Esteban, Jr. This was taken by the Court as an
admission. Being a judicial admission, it is conclusive and no evidence need be presented to prove the agreement.
Having agreed to contribute her share of the decedent's estate to the Foundation, Concordia is obligated to honor
her commitment as Celedonia has honored hers.

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