Facts:

The case titled "Intestado de la Finada Leoncia Filomena Jardin" involves an appeal filed by Andres Jardin and another applicant against Severina Villamayor, the oppositor and appellee. The proceedings began in the Court of First Instance of Tayabas, where the applicants sought to have Andres Jardin appointed as the judicial administrator of the estate of the deceased Leoncia Filomena Jardin. On October 18, 1939, the court granted the original request, appointing Andres Jardin as special administrator with a bond of P1,000 and scheduled a hearing for November 7, 1939, to declare the heirs and determine if a summary distribution of the deceased's assets was appropriate. During the hearing, opposition was raised by several individuals, including Severina Villamayor, who claimed to have inherited the assets from her daughter, Leoncia Filomena Jardin, who had died at the age of ten without descendants. The court allowed the applicants five days to amend their reques...

Facts:

1. Background of the Case:
   The case involves the intestate estate of the deceased Leoncia Filomena Jardin. The petitioners, Andres Jardin and another, filed a petition in the Court of First Instance of Tayabas to have Andres Jardin appointed as judicial administrator of the estate.

2. Initial Proceedings:
   On October 18, 1939, the court granted the original petition, appointed Andres Jardin as special administrator, and set a hearing for November 7, 1939, to determine heirs and whether summary distribution of the estate was appropriate.

3. Opposition to the Petition:
   During the hearing, opposition was raised by Severina Villamayor, who claimed ownership of the properties left by the deceased. She argued that she had inherited the properties from her daughter, Leoncia Filomena Jardin, who died at the age of 10 without descendants.

4. Amended Petition and Court Order:
   On November 7, 1939, the court granted the petitioners five days to amend their petition and allowed 15 days for both parties to discuss whether the properties were reservable.

5. Final Court Decision:
   On December 11, 1939, the court ruled that the properties were no longer reservable because no relatives within the third degree survived the deceased. It denied the amended petition and dismissed the case without costs.

6. Genealogical Relationship:

   • Leoncia Filomena Jardin was the only child of Januario Jardin and Severina Villamayor.
   • Canuto Jardin, who died during the appeal, was the great-uncle of Leoncia (fourth-degree relative).
   • Andres Jardin, the petitioner, was the uncle of Leoncia (fifth-degree relative).

7. Applicable Legal Provisions:

   • Article 811 of the Civil Code: Establishes the concept of reservable properties, requiring an ascendant who inherits from a descendant to reserve such properties for relatives within the third degree.
   • Article 918 of the Civil Code: Defines how degrees of relationship are computed.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Reservable Properties Under Article 811:
   Reservable properties are those inherited by an ascendant from a descendant, which must be reserved for relatives within the third degree belonging to the same line from which the properties originated.

2. Computation of Degrees Under Article 918:

   • In the direct line, degrees are counted by generations (e.g., child to parent is one degree, child to grandparent is two degrees).
   • In the collateral line, degrees are counted by ascending to the common ancestor and then descending to the relative (e.g., uncle to niece is three degrees).

3. Application to the Case:

   • Canuto Jardin was a fourth-degree relative, and Andres Jardin was a fifth-degree relative of the deceased.
   • Since no relatives within the third degree survived, the properties lost their reservable character.
   • Severina Villamayor, as the mother and forced heir, became the absolute owner of the properties.

4. Conclusion:
   The petitioners had no legal right to the properties, and the lower court's decision to dismiss the case was correct.