Facts:

 Carmen Ubalde Vda. De Parcon died in Iloilo, without forced heirs, leaving certain
properties in the same province.
 She left a will and was survived by nephews and nieces.
 It also appears besides her will that she executed two notarial deeds of donation, one
of which containing a reservation that the donee shall not cause the registration of
the deed until after the donor’s death.
 One was entitled Donacion Mortis Causa, in favor of her niece Estella Magbanua,
purporting to convey two parcels of land,
 And another deed of donation, entitled Escritura de Donacion Mortis Causa, in favor
of the same donee, conveying 3 parcels of land.
 Both donations were recorded in the Registry of Deeds after the death of the donor.
 During the testate proceedings of the will executed by the decedent, her nephews and
nieces filed a suit against Magbanua, seeking to have the two deeds of donation set
aside for lack of testamentary formalities.
 The lower court declared the deeds invalid except for one disposition mortis causa
which was validated by the last will of Carmen Ubalde.
 Both parties appealed.
 The SC ruled that the first deed of donation was valid and effective by way of donation
inter vivos.
 A motion for reconsideration was filed.

Issue:
Whether the donation is a donation inter vivos.

Ruling:
Where the donor provided for a reservation of her right of disposition, the donation is mortis
causa and not inter vivos.

The fact that the deceased expressly and consistently declared her conveyance to be one of
donation mortis causa, and further forbade the registration of the deed until after her death
indicated that the conveyance was not intended to produce any definitive effects, nor to
finally pass any interest to the grantee, except from and after the death of the grantor.

Nothing in the deed itself indicated that any right, title or interest in the properties described
was meant to be transferred to Magbanua prior to the death of Carmen Ubalde Vda. de
Parcon.

It being thus clear that the disposition is an act mortis causa, such act must appear with the
solemnities required of a will in order to be legally valid.

MR denied.