25

ECHAVEZ V. DOZEN CONSTRUCTION

G.R. No. 192916

October 11, 2010

BRION, J.:

Decedent / Testator: VIcente Echavez, +March 1986

Proponent: Emiliano Cabanig

Oppositor: Manuel Echavez

Type of Succession: Intestate

I. Facts:

Vicente Echavez owned several lots in Cebu city. He donated the lots to Manuel Echavez
through a deed of Donation Mortis Causa. Manuel accepted the donation. Vicente executed a
Contract to Sell over the same lots in favor of Dozen Construction and Development
Corporation (Dozen Corporation). In October 1986, they executed two Deeds of Absolute Sale
over the same properties covered by the previous Contract to Sell.

On November 6, 1986, Vicente died. Emiliano Cabanig, Vicente’s nephew, filed a petition
for the settlement of Vicente’s intestate estate. On the other hand, Manuel filed a petition to
approve Vicente’s donation mortis causa in his favor and an action to annul the contracts of
sale Vicente executed in favor of Dozen Corporation.The Regional Trial Court (RTC)
dismissed Manuel’s petition to approve the donation and his action for annulment of the
contracts of sale. The RTC found that the execution of a Contract to Sell in favor of Dozen
Corporation, after Vicente had donated the lots to Manuel, was an equivocal act that revoked
the donation. The Court of Appeals (CA) affirmed the RTC’s decision. The CA held that since
the donation in favor of Manuel was a donation mortis causa, compliance with the formalities
for the validity of wills should have been observed. The CA found that the deed of donation did
not contain an attestation clause and was therefore void.

II. Issues:Whether or not the donation mortis causa is valid despite the non-conformity with
the formalities of a will.
 III. Ruling:

No. The donation mortis causa must comply with the formalities prescribed by the law
for the validity of the wills, otherwise the donation would be null and void. Articles 805 and 806
of the Civil Code should have been applied.

Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof
by the testator himself or by the testator’s name written by some other person in his presence, and
by his express direction, and attested and subscribed by three or more credible witnesses in the
presence of the testator and of one another.

The testator or the person requested by him to write his name and the instrumental witnesses of the
will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin,
and all the pages shall be numbered correlatively in letters placed on the upper part of each page.

The attestation shall state the number of pages used upon which the will is written, and the fact
that the testator signed the will and every page thereof, or caused some other person to write his
name, under his express direction, in the presence of the instrumental witnesses, and that the latter
witnessed and signed the will and all the pages thereof in the presence of the testator and of one
another.

If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.

Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses.
The notary public shall not be required to retain a copy of the will, or file another with the Office of
the Clerk of Court.

IV. Ratio Decidendi:

The requirements of attestation and acknowledgment are embodied in two separate

provisions of the Civil Code (Articles 805 and 806, respectively) indicates that the law contemplates
two distinct acts that serve different purposes. An acknowledgment is made by one executing a deed,
declaring before a competent officer or court that the deed or act is his own. On the other hand, the
attestation of a will refers to the act of the instrumental witnesses themselves who certify to the
execution of the instrument before them and to the manner of its execution

V. Doctrine/Principle:

A donation mortis causa can only be valid and take effect if it conforms with the
formalities of a will.

Digested by: J. Hilario Davide