Javellana v. Javellana
REITERATIONFacts
The Antecedents: Julio Javellana died testate, leaving properties. His will and codicils were probated. Two-thirds of his properties, constituting the legitimate, were distributed among his forced heirs. His widow, Apolinaria Ledesma, was bequeathed certain properties from the free portion. After a project of partition was approved, Apolinaria Ledesma took possession of these properties and had the titles transferred to her name. Procedural History: Apolinaria Ledesma died testate. Her estate included the properties she inherited from Julio Javellana. The plaintiffs, children of Julio Javellana from a second marriage, filed an action claiming these properties were subject to "reserva viudal" under the old Civil Code. The Court of First Instance of Iloilo dismissed the complaint. The Petition: The plaintiffs appealed the dismissal, asserting their claim to the properties based on the concept of "reserva viudal."
Issue(s)
Whether the properties inherited by Apolinaria Ledesma from her deceased husband Julio Javellana are subject to "reserva viudal" under the old Civil Code in favor of the children of Julio Javellana from his second marriage.
Ruling
The appeal is without merit. The decision of the lower court dismissing the plaintiffs' complaint is affirmed.
Ratio Decidendi
On the issue of "reserva viudal": The Supreme Court ruled that the properties inherited by Apolinaria Ledesma from her deceased husband Julio Javellana were not subject to "reserva viudal." The Court based its decision on Article 968 of the old Civil Code, which stipulates that the obligation to reserve property is for the children and descendants of the former marriage, provided they are the common children of the deceased spouse and the surviving spouse who contracts a second marriage. In this case, the plaintiffs are the children of Julio Javellana from his second marriage (with Sofia Jalandoni), not from his marriage with Apolinaria Ledesma. Therefore, they are not the common children of Julio Javellana and Apolinaria Ledesma, which is a fundamental requirement for the application of "reserva viudal." Furthermore, the Court emphasized that the obligation to reserve only arises when the widow or widower actually contracts a second marriage (Article 968) or has an acknowledged natural child in case of non-remarriage (Article 980). It was undisputed that Apolinaria Ledesma never contracted any subsequent marriage nor had any acknowledged natural child during her widowhood. Given the absence of these necessary legal requisites, as supported by Macasa v. Heirs of Garcia, the properties claimed by the plaintiffs could not be considered reservable.
Main Doctrine
The obligation to reserve property under Article 968 of the old Civil Code arises only when the widow or widower contracts a second marriage or has an acknowledged natural child. Children of the deceased spouse from a former marriage are not entitled to reservation as they are not common children of the deceased and the surviving spouse.