Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth
Second 
Introduced by Representative LORDAN G. SUAN 
EXPLANATORY NOTE 
The concept of reserva troncal is described in Article 891 of the Civil Code. 
It reads: 
Article 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. 
The purpose of reserva troncal is to assure the return of the reservable 
property to the third-degree relatives belonging to the line from which the 
property originally came and avoid its being dissipated into and by the relatives 
of the inheriting ascendant (reservista)1. This poses several problems. It curtails 
the improvement of the reserved property because the reservista stands to lose 
the property inherited in favor of the reservatorios. Since the reservista is unable 
to transmit the reserved property to his own heirs, the reservista is unlikely to 
introduce improvements thereon nor invest in it, resulting in stagnation of the 
reserved property. 
When the Civil Code was passed in 1950, The Code Commission regarded 
the reservas as remnants of feudalism which fomented agrarian unrest. 
Moreover, the reservas, insofar as they penalize legitimate relationship, is 
1 De Papa v. Camacho, 228 Phil. 269, 274-275 (1986) 
August 14, 2023
1:55 pm
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considered unjust and inequitable. However, the lawmaking body, not agreeing 
entirely with the Code Commission, restored the reserva troncal, a legal 
institution which, according to Manresa and Castan Tobenas has provoked 
questions and doubts that are difficult to resolve2. 
 
 
This provision is a remnant of Spanish law, which is classist and outdated. 
The rationale of reserve troncal is to avoid "el peligro de que bienes poseidos 
secularmente por una familia pasen bruscamente a titulo gratuito a manos 
extrañas por el azar de los enlaces y muertes prematuras or impeder que, por 
un azar de la vide personas extranas a una familia puedan adquirir bienes que 
sin aquel hubieran quedado en ella”3. 
 
 
Otherwise stated, "There is a danger that assets owned by a family could 
suddenly pass free of charge into foreign hands due to the occurrence of 
marriages and premature deaths. Alternatively, there is a risk of preventing 
strangers from acquiring family assets that would have otherwise remained 
within the family." 
 
 
There is no compelling reason to retain this archaic provision in the Civil 
Code. Reserva troncal is undesirable, it stagnates properties and encourages 
hostility between families. Spanish civilist Castan points out that “The institution 
of the reservas is hardly consistent with the principles of strict law, let alone with 
the spirit of modern law. The reservas are based on a spirit a spirit of distrust 
and suspicion from which modern law is veering away, aware that the regime of 
reservas is unjust in principle and sterile in practice.”4 
 
 
Renowned lawyer and civil law expert, the late Professor Ruben F. Balane 
supports the abolition of reserva troncal by repealing Article 891 of the Civil 
Code. In his published article5, he observes that “The reserva has its origins in 
the feudal system of the Middle Ages… There is hardy any crying need in this last 
quarter of the century to keep property intact within one family; on the contrary, 
the need is for diffusion rather than concentration. Surely, treating family 
patrimony as if they were feudal estates to be jealously guarded lest they fall 
into the soiled hands of the great unwashed is an anachronism that should be 
left in the history books, where they properly belong, and not in Civil Codes.” 
 
 
2 G.R. No. L-34395 May 19, 1981 
3 (6 Castan Tobenas Derecho Civil, Part l, 6th Ed., 1980, p. 203; Padura vs. Baldovino, 104 Phil. 1065). 
4 4 Castan, Derecho Civil Espanol, 6th ed. 1944, quoted and translated by Ruben F. Balane. 
5 The Reserva Troncal: Prosect & Retrospect, Philippine Law Journal, 1983, Vol. 58, No. 4 


Thus, the repeal of Article 891 declutters the successional system, 
simplifies the system of legitime and of intestate succession, and aims to 
promote family harmony, economic growth, and prevent stagnation of property. 
In light of the preceding, this bill’s approval is fervently sought. 
LORDAN G. SUAN 
Cagayan de Oro City – 1st District 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth
Second 
Introduced by Representative LORDAN G. SUAN 
AN ACT 
REPEALING THE RESERVA TRONCAL PROVISION PROVIDED FOR UNDER 
ARTICLE 891 OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE NEW 
CIVIL CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Objectives. — This Act aims to promote family harmony, 
1 
economic growth, and prevent the stagnation of property. 
2 
SEC. 2. Repeal of Reserva Troncal Provision. — Article 891, Section 5, 
3 
Chapter 2, Title IV, Book III of Republic Act No. 386, as amended, otherwise 
4 
known as the New Civil Code of the Philippines, is hereby repealed. 
5 
[Art. 891. The ascendant who inherits from his descendant any 
6 
property which the latter may have acquired by gratuitous title 
7 
from another ascendant, or a brother or sister, is obliged to reserve 
8 
such property as he may have acquired by operation of law for the 
9 
benefit of relatives who are within the third degree and who belong 
10 
to the line from which said property came.] 
11 
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Sec 3. Retroactive Effect – This Act shall retroactively apply except where it 
12 
impairs vested rights.  
13 
SEC. 4. Repealing Clause. — All laws, presidential decrees, executive orders, 
14 
memoranda, circulars, and other issuances, or parts thereof, which are 
15 
inconsistent with the Act, are hereby repealed or modified accordingly. 
16 
SEC. 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after 
17 
its publication in the Official Gazette or a website provided for by law.
18 
Approved,