Republic of the Philippines
House of Representatives
‘Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. §1

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

EXPLANATORY NOTE

This bill seeks to repeal Article 891 of the Civil Code of the Philippines, thereby
abolishing the reserva troncal—a legal concept which has long been viewed as an
outdated and unnecessarily burdensome provision in succession law.

Originally filed during the 18th Congress by Hon. Xavier Jesus D. Romualdo, this
measure was approved on Third Reading during the 19th Congress by the House of
Representatives and transmitted to the Senate, where it remained pending.

The proposed repeal is supported by the University of the Philippines Law Center
(UPLC), which expressed its concurrence through a formal position paper. In said
document, UPLC cited the work of the late Prof. Ruben F. Balane, specifically his
article, “The Reserva Troncal: Prospect and Retrospect,” published in the Philippine
Law Journal (Vol. 58, No. 4, December 1983). Prof. Balane outlined several reasons
for the abolition of the reserva troncal, including:

+ Economic stagnation: The nature of the reserva discourages investment and
development, as the reservista is disincentivized to improve property he may
eventually be required to return.

+ Obstruction of property circulation: The encumbrance deters commercial
transactions and impedes the free flow of property in the market

+ Complexity in succession law: The provision introduces excessive intricacies
to an already complex legal framework, complicating the system of legitimes

and intestate succession.

+ Unintended discrimination: The reserva troncal applies only to legitimate
family lines, thereby excluding illegitimate relations and inadvertently favoring
collateral relatives over direct ascendants in some cases.


« Inconsistent policy application: The law imposes burdens on indirect
transfers of property between lines but not on direct ones, such as between
spouses—despite the latter being more common in contemporary family
structures.

Prof. Balane further noted that the reserva troncal has caused "a good deal of
confusion and controversy” among legal practitioners and students alike, leading to
judicial inconsistencies and interpretive difficulties over the years. The continued
enforcement of this provision is no longer aligned with moder principles of legal

clarity, fairness, and economic efficiency.

By repealing Article 891, this bill seeks to rationalize the rules on succession and
remove a legal provision that has outlived its relevance. Doing so will help simplify
inheritance law and promote the more dynamic and equitable transfer of property
within families and across generations.

The favorable consideration of this bill by the Honorable Members of this Chamber is

respectfully enjoined.

JURDI US M. ROMUALDO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS

First Regular Session

61

HOUSE BILL

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

AN ACT
ABOLISHING THE PRINCIPLE OF RESERVA TRONCAL, REPEALING FOR THE
PURPOSE ARTICLE 891 OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS:
THE “CIVIL CODE OF THE PHILIPPINES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Article 891, Section 5, Chapter 2, Title IV, Book III of Republic Act No.
386, as amended, otherwise known as the "Civil Code of the Philippines", is hereby repealed.

[Art. 891. 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 third degree and who belong to the line from which said

property came.]

SEC. 2. All laws, acts, presidential decrees, executive orders, presidential proclamations,
issuances, rules and regulations, or parts thereof which are contrary to or inconsistent with any

provisions of this Act are hereby repealed, amended or modified accordingly.


SEC. 3. This Act shall take effect fifteen (15) days after its publication in the Official

Gazette or in a newspaper of general circulation.

Approved,