SPS VICTORIA MOREO-LENTFER and GUNTER LENTFER,JOHN CRAIGE

CROSS v. WOLFF

Facts: Sps Lentfer urged Wolf to buy the beach house in Puerto Galera
owned by Cross. Wolf transferred DM 221,700 to the spouses to
proceed with sale. Later on, he found out that Sps Lentfer suretitiously
executed a deed of sale whereby it was made to appear that Victoria
Lentfer bought the property for only P100,000. Wolff filed for
annulment of sale and reconveyance of property.

RTC: dismissed
 CA: reversed- ordered petitioner to pay respondent

SC: affirmed with modification- reconveyance

Issue: WON payment made by Wolf constitutes as donation based on

Art 1238

Held: No

Court held that Art 1238 is not applicable because absence of intention
to be reimbursed was not present in the case. Wolff acts contradict
any intention to donate the property to the petitioners. Since the the
property values at P3,297,800, the Court is constraint to accept
petitioner’s claim. Where it the intention of Wolff to donate, it must
have complied with the mandatory formal requirement of donation.
Based on Art 748, the donation of the money and its acceptance must
be in writing for it to be valid. Furthermore, it was held that petitioners
unjustly enriched themselves at the expense of the respondents.
Hence, reconveyance was proper.

Notes:

ART. 1238. Payment made by a third person who does not intend to
be reimbursed by the debtor is deemed to be a donation, which
requires the debtors consent. But the payment is in any case valid as
to the creditor who has accepted it.

Donation is a simple act of liberality where a person gives freely of a

thing or right in favour of another who accepts it.