Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-8178 October 31, 1960 JUANITA KAPUNAN, ET AL., petitioners, vs. ALIPIO N.

CASILAN and the COURT OF APPEALS, respondents. E. Granador, J. B. Velasco, D. T. Reyes, Luison & Cruz for petitioners. Manuel Lim and Julio Siayco for respondent. GUTIERREZ DAVID, J.: This is a petition to review on certiorari a decision of the Court of Appeals de claring the respondent Alipio N. Casilan owner of certain real property describe d in the complaint and ordering petitioners to deliver possession thereof to sai d respondent. The facts are not disputed. The property in question, which is a commercial lot1 located in Tacloban City, was on October 2, 1935 donated by the spouses Ruperto Kapunan, Sr., and Iluminada Fernandez de Kapunan to their daughter Concepcion K . Salcedo, who accepted the donation in the same document. The deed of donation was acknowledged on the same date by the donors and done before Notary Public Ma teo Canonoy, the donors' son-in-law and the donee's brother-in-law. The property , however, remained in the possession of the donors. On December 23, 1939, Concepcion K. Salcedo donated the same property to her dau ghter Marita Antonia Salcedo, then a minor. In behalf of said minor, Iluminada F ernandez Vda. de Kapunan, the donee's grandmother and acting guardian whom the s aid donee was then living as her parents were estranged from each other, accepte d the donation. The acceptance was contained in the deed of donation itself, whi ch was authenticated by the same Notary Public Mateo Canonoy. On November 4, 1944, Concepcion Kapunan Salcedo and the respondent Alipio N. Cas ilan executed a "Deed of Conditional Sale" wherein the former accepted the latte r's offer to purchase the land in dispute, and received the sum of P2,000 as par t of the purchase price, the balance of P4,500 to be paid within 3 years therefr om. Notwithstanding the fact that the property in question was in the possession of the petitioners and respondent Alipio N. Casilan knew that Conception Kapuna n Salcedo had previously donated the said property in favor of her daughter Mari ta Antonia Salcedo, the said respondent on June 14, 1945 proceeded to buy the sa me and paid the balance of the purchase price on the assurance given by the dono r that the donation was not legal. The deed of sale was annotated on July 27 of the same year in the Daily Book of the Register of Deeds of Leyte, but not on th e original certificate of title because of the refusal of Iluminada Vda. de Kapu nan to deliver the duplicate certificate of title. In due time, the respondent Casilan filed a petition in the Court of First Insta nce of Leyte the compel Iluminada Vda. de Kapunan to surrender the transfer cert ificate of title, but the petition was dismissed. In connection with this petiti on, Concepcion K. Salcedo, on March 9, 1946, gave a deposition that she had know ledge of the acceptance by her mother Iluminada Vda. de Kapunan of the donation she made to her daughter Marita Antonia Salcedo. To recover title and possession of the property in question, respondent Casilan filed the present action in the Court of First Instance of Leyte against Concepc ion Kapunan de Salcedo, Iluminada Fernandez Vda. de Kapunan and Marita Antonia S alcedo. Juanita, Crinidad, Ruperto, Jr., Emma, Lilia, Socorro and Rosario, all s urnamed Kapunan, intervened as alleged co-owners of the land in dispute and as h eirs of their late father Don Ruperto Kapunan, Sr. On March 31, 1950, after hear ing, the trial court, Judge Hipolito Alo presiding, rendered judgment declaring the plaintiff, herein respondent Casilan, to be the owner of the property in que stion and ordering the defendants and intervenors to deliver possession thereof to said plaintiff. The trial court also dismissed the complaint in intervention. Acting, however, upon the motions for reconsideration filed by the defendants a nd intervenors, the lower court, through Judge Jose S. Rodriguez, in are solutio n dated May 30, 1950, reconsidered its decision and declared the sale of the pro

Salcedo in favor of her daughter Marita Antonia Salcedo st ates "that the said donee." We do not. her knowledge of such acceptance perfected the donation. unless the acceptance is made in the deed of gift itself. Pursuant to Art. Whenever the donation does not impose any obligation upon the donee the acc eptance may be made by the donee himself. Ybeas. became a mere private instrument under Article 1223 of the old C ivil Code. however . this Court held that "The old Spanish notarial law and system of conveyance was repealed in the Philippines and another and different notarial law and system became the law of the land with the enactment of Act No. to wit. whatsoever. Casilan. Under article 626 of the old Civil Code. Salsedo that the donation had been accep ted. a formal acceptance is not import ant for the donor acquires no right to be protected and the donee neither undert akes to do anything nor assumes any obligation. On appeal to the Court of Appeals. but the deed of donation as so worded implied a previous un derstanding between the parties who intervened therein. according to petitioners. however. In order that a donation of real property be valid it must be made by p ublic instrument in which the property donated must be specially described and t he amount of the encumbrances to be assumed by the donee expressed. Article 633 of the Civil Code of 1889 provided that â Art 633. appears to be applicable only in case of onerous and cond itional donations. It is true that the acceptance was made on another date and in a place other than that where th e deed was executed. agree with the Court of Appeals that the donation in favor o f Marita Antonia Salcedo was null and void in that there was no "constancia aute ntica" given to the donor Concepcion K. de Kapunan. Case No. Iluminada F. thru the medium of a public instrument with authentic not ice to the donor. that court reversed the de cision and awarded the land undisputed to Alipio N. 40 Off. The acceptance must be made in the deed of gift or in a separate public writing. "In simple and pure donations." The ac ceptance having been made in the deed of gift itself. a donation transfers title effectively if it i s accepted with all the formalities that must accompany the acceptance of donati ons of realty. who was related to the parties in the donation within the fourth civil degree of affinity. 536). 11." Anyway. and this proceeding shall be noted in both instruments. 212. the deed of donation exec uted by Concepcion K. if under the rule provided in . 53). p. 49 Off.. Garcia (Adm. th e donor. It is also argued that the acceptance of the donation by the donee's grandmother was not valid since at the time of the acceptance she had not yet been appointe d legal guardian of the donee. Concepcion K. however. authentic notice thereof shall be given the donor. If the acceptance is made by separate instrument. 623 of the old Civil Co de. Marita Antonia Kapunan Salcedo being a minor and bein g represented by hermaternal grandmother.. Salcedo. and. Salcedo in favor of respondent Alipio N. It is petitioners' contention that Notary Public Mateo Canonoy. de Estuart vs. The appellate court. Said deed of donation. cited in Vda. Calingo (CA. incompetent and disqualifi ed to authenticate the deed of donation executed by the Kapunan spouses in favor of their daughter Concepcion Kapunan Salcedo. Su pp. 200). As was said by former justice Montemayor in Perez vs.. In th e case of Philippine Sugar Estate vs. Gaz. Cabrez a (33 Phil. but it shall produce no effect if not made during the lifetime of the donor. We find this ruling to be correct. admittedly knew of the actual acceptance by the donee through the latter's grandmother.. the donation was in efficacious. In this case. Hence. (Tag ala vs. was. prom. Casi lan null and void.. 413). Poizart (48 Phil. This rule.perty in question by Concepcion K. where the donee may have to assume certain charged or burdens . Under the above legal provisions. does exp ress her appreciation and gratefulness for the generosity of said donor. February 15. notification thereof to th e donor in a "constancia autentica" was evidently not necessary. 496.In the present case. the acceptance may be said to be a mere formality required by law for the performance of the contr act. Vda. a donati on to an incapacitated donee requires its acceptance by his lawful representativ e. this petitio n for review. 496. and. so that under the ruling laid down in the case of Barretto vs. in the decision complained of held that the Spanish Notarial Law has been repe aled with the enactment of Act No. 1957). under Articles 22 and 28 of the Spanish Notarial law.

Bengzon. (See Atacador vs. we find and so hold that the donation of the property in dispute to Maria Antonia Salcedo by Concepcion K. L. It is apparent that said donation had been confir med and impliedly ratified by the parties intervening therein before the executi on of the deed of sale referred to. WHEREFORE. 67 Phil. W ithout costs. the decision complained of is reversed and the sale of the property i n controversy in favor of respondent Alipio N. J. Silayan. Reyes. Footnotes 1 Acceptance under Art. the donee's acting guardian who was later appointed as her legal guardian. 44 Phil. Mata. 1944.) In conclusion. and Barrera..Article 626 of the old Civil Code the donation of realty to a minor may be acce pted in his behalf by his mother (Laurenta vs. Paras C. Casilan declared null and void. Padilla. we see reas on why a simple and pure donation made by the mother herself in favor of he own minor daughter may not be validly accepted through the grandmother. 668).. conc ur. B.. J. There being no showing that the donation had been revoked prior to the appointment of the donee's gran dmother as her legal guardian. . Casilan. It should here be stated that Iluminada Vda. Casilan was null a nd void. de Kapunan who accepted the donation in behalf of th e minor donee was appointed legal guardian of the said minor on June 12.. o r prior to the execution of the deed of conditional sale between the donor Conce pcion K.. 741 of the new Civil Code may be made on behalf of minor s or incapacitated donees by their parents or legal representatives. Salcedo was valid. 674. JJ. Said respondent however. Salcedo and herein respondent Alipio N. Labrador. may still recover what he has paid under the e quitable principle that no one shall be unjustly enriched or benefited at the ex pense of another. and consequently th e sale thereof by the latter in favor of respondent Alipio N.

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