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    Nieva V Alcala

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    Jeorge Ryan Mangubat
    Segunda Maria Nieva claimed ownership of land that had passed down through intestate succession from her natural mother Juliana Nieva to Juliana's son Alfeo, and then to Alfeo's father Francisco upon Alfeo's death. However, after Francisco's death, his second wife Manuela and her son Jose took possession of the land. Segunda sued to recover the land through her right as an acknowledged natural daughter of Juliana Nieva. The court ruled that the reserva troncal provision, which allows collateral relatives to inherit in the absence of direct descendants, does not apply to illegitimate relatives beyond the third degree such as Segunda.

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    Nieva V Alcala

    Uploaded by

    Jeorge Ryan Mangubat
    497 views1 page
    Segunda Maria Nieva claimed ownership of land that had passed down through intestate succession from her natural mother Juliana Nieva to Juliana's son Alfeo, and then to Alfeo's father Francisco upon Alfeo's death. However, after Francisco's death, his second wife Manuela and her son Jose took possession of the land. Segunda sued to recover the land through her right as an acknowledged natural daughter of Juliana Nieva. The court ruled that the reserva troncal provision, which allows collateral relatives to inherit in the absence of direct descendants, does not apply to illegitimate relatives beyond the third degree such as Segunda.

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    case digest

    Original Title

    Nieva v Alcala

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    Segunda Maria Nieva claimed ownership of land that had passed down through intestate succession from her natural mother Juliana Nieva to Juliana's son Alfeo, and then to Alfeo's father Francisco upon Alfeo's death. However, after Francisco's death, his second wife Manuela and her son Jose took possession of the land. Segunda sued to recover the land through her right as an acknowledged natural daughter of Juliana Nieva. The court ruled that the reserva troncal provision, which allows collateral relatives to inherit in the absence of direct descendants, does not apply to illegitimate relatives beyond the third degree such as Segunda.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    497 views1 page

    Nieva V Alcala

    Uploaded by

    Jeorge Ryan Mangubat
    Segunda Maria Nieva claimed ownership of land that had passed down through intestate succession from her natural mother Juliana Nieva to Juliana's son Alfeo, and then to Alfeo's father Francisco upon Alfeo's death. However, after Francisco's death, his second wife Manuela and her son Jose took possession of the land. Segunda sued to recover the land through her right as an acknowledged natural daughter of Juliana Nieva. The court ruled that the reserva troncal provision, which allows collateral relatives to inherit in the absence of direct descendants, does not apply to illegitimate relatives beyond the third degree such as Segunda.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    (Nieva v Alcala, 41 Phil 915)

    FACTS:

    1. Juliana Nieva, natural mother of Segunda Maria Nieva, married Francisco Deocampo. Of said
    marriage Alfeo was born.

    2. Juliana Nieva died intestate and Alfeo inherited from her parcels of land.

    3. Alfeo died intestate and the parcels of land passed to his father, Francisco, by intestate
    succession.

    4. Thereafter Francisco married Manuela Alcala, of which marriage was born Jose.

    5. Francisco De Ocampo died whereupon his widow and son, the defendants herein, took
    possession of the parcels of land in question, under the claim that Jose (a minor) had inherited the
    same, ab intestate, from his deceased father.

    6. Segunda, claiming to be an acknowledged natural daughter of Juliana Nieva, instituted the


    present action for the purposes of recovering from the defendants the parcels of land in question
    invoking reserve troncal.

    ISSUE: Is an illegitimate relative within the third degree entitled to reservatroncal?

    RULING: No. The provision of Article 811 of the Civil Code apply only to legitimate relative.

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