Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSE B|LLNo.1G487
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Introduced by Representative MA. VICTORIA CO-PILAR
EXPLANATORY NOTE
The Civil Code of the Philippines was enacted in 1950 and was influenced by the Spanish Civil
Code. The Spaniards give importance to family and keeping their property within their line which
might be the rationale of including the rcse7tJc fro7icaJ provision in their Code. This same provision was
adopted by the Philippines when it drafted the Civil Code.
Article 891 of the New Civil Code (NCC) provides that:
``The ascendant who inherits from his descendant any property whieh the latter may have
acquired by grahitous title from a:rather ascendant, or a brother or sister, is obliged to
reservesuchpropertyashemayhaveacqulTedbyoperationoflavforthebenefitofrelatives
whoarewithimthethirddegreeandwhobelongtothelinefromwhichsaldpropertycane."
This provision is a special rule to ensure the return of certain property to the third-degree
relatives belonging to the line from which the property originally came and avoid its dissipation into
and by relatives of the inheriting ascendant.
The persons involved in rt?se7tJa fro7zcoJ are: (1) The ascendant or brother or sister from whom the
property  was  received  by  the  descendant  by  lucrative  or  gratuitous  title;  (2)  The  descendant  or
prepositus (propositus) who received the property; (3) The reservor (reservista), the other ascendant
who obtained the property from the prepositus by operation of law; and (4) The reservee (reservatario)
who is within the third degree from the prepositus and who belongs to the (linea o tronco) from which
the property came and for whom the property should be reserved by the reservor.
This humble representation believes that Article 891 of the NCC is obsolete and there is no value
or good to be gained in keeping the same. It hinders the development and transfer of properties even
within legitimate relationships, and can be a source of unnecessary litigation.
In view of the foregoing, the passage of this bill is earnestly sought.
=``-J`-


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSEBILLNo.   1C4§7
Introduced by Representative MA. VICTORIA CO-PILAR
AN ACT
REPEALING THE Rfs£RVA moNCAI, pROvlsloN UNDER ARTlcLE 891
OF REPUBLIC ACT NO. 386, AS AMENDED, OTHERWISE KNOWN AS THE
NEwr CIVIL CoDE oF THE PHILIPPINES
Be it enacted by the Senate and House of Rapresertwtives Of the Philippines in Congress assembled:
1                   SECTION 1. Article 891, Section 5, Chapter 2, Title IV, Book Ill of Republic Act No. 386, as
2      amended, otherwise known as the New civil code of the philippines, is hereby repealed.
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[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.]
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1o                  SEC  2.  Any  law,  presidential  decree  or  issuance,  executive  order,  letter  of  instruction,
11      administrative order, rule or regulation contrary to or inconsistent with the provision of this Act is
12      hereby repealed, modified, or amended accordingly.
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14                  SEC 3.  This Act shall take effect fifteen (15) days after its publication in the official Gazette or
15      in a newspaper of general circulation.
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17                   Approved,