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Case Digest On Donation
Case Digest On Donation
On November 7, 1983, Catalina Quilala died. Violeta Quilala In the same vein, the lack of an acknowledgment by the
likewise died on May 22, 1984. Petitioner Ricky Quilala donee before the notary public does not also render the
alleges that he is the surviving son of Violeta Quilala. donation null and void. The instrument should be treated in
its entirety. It cannot be considered a private document in
Meanwhile, respondents Gliceria Alcantara, Leonora part and a public document in another part. The fact that it
Alcantara, Ines Reyes and Juan Reyes, claiming to be was acknowledged before a notary public converts the deed
Catalina's only surviving relatives within the fourth civil of donation in its entirety a public instrument. The fact that
degree of consanguinity instituted an action for the the donee was not mentioned by the notary public in the
declaration of nullity of the donation inter vivos, and for the acknowledgment is of no moment. To be sure, it is the
cancellation of the TCT in the name of Violeta Quilala. conveyance that should be acknowledged as a free and
voluntary act. In any event, the donee signed on the second
The trial court rendered a decision declaring null and void the page, which contains the Acknowledgment only. Her
deed of donation of real property inter vivos executed by acceptance, which is explicitly set forth on the first page of
Catalina Quilala in favor of Violeta Quilala. The trial court the notarized deed of donation, was made in a public
found that since it was acknowledged before a notary public instrument.
only by the donor, Catalina, there was no acceptance by
Violeta of the donation in a public instrument. The decision Petition is granted. The appealed decision of the CA is
was affirmed by the CA. reversed.
ISSUE: Whether or not the donation executed by Catalina in Case title: Roman Catholic Archbishop of Manila et. al vs. CA
favor of Violeta is valid Topic: Donation; condition may be imposed by the donor to
the donee but such condition must not be contra bonus
HELD: valid even if the acknowledgment was only signed by mores (contrary to law, morals, public policy or public order)
the donor so as to unreasonably restrict his right to dispose or alienate
the property as a right springing from ownership.
Below the terms and stipulations of the donation, the donor,
donee and their witnesses affixed their signature. However, Facts:
the Acknowledgment appearing on the second page On August 23, 1930, Spouses Eusebio de Castro and Martina
mentioned only the donor, Catalina Quilala. Thus, the trial Rieta (donor), now both deceased, executed a deed of
court ruled that for Violeta's failure to acknowledge her donation in favor of therein defendant Roman Catholic
acceptance before the notary public, the same was set forth Archbishop of Manila (donee) covering a parcel of land with
an area of 964 square meters, more or less.
On or about June 30, 1980, and while still within the the case on 1984 Nov). Article 764 was intended to provide a
prohibitive period to dispose of the property, petitioner judicial remedy in case of non-fulfillment or contravention of
Roman Catholic Bishop of Imus, in whose administration all conditions specified in the deed of donation if and when the
properties within the province of Cavite owned by the parties have not agreed on the automatic revocation of such
Archdiocese of Manila was allegedly transferred on April 26, donation upon the occurrence of the contingency
1962, executed a deed of absolute sale of the property contemplated therein.
subject of the donation in favor of petitioners Florencio and 3.
Soledad C. Ignao. The issue whether or not the action by respondents has
Private respondents on Nov 1984 as plaintiffs, filed a prescribed is not really the case at bar. Private respondents
complaint for nullification of deed of donation, rescission of have no cause of action from the beginning.
contract and reconveyance of real property with damages Action filed by private respondents may not be dismissed by
against petitioners Florencio and Soledad C. Ignao and church reason of prescription; the same should be dismissed on the
( defendants therein). ground that private respondents have no cause of action
Trial court issued an order dismissing the complaint on the against petitioners.
ground that the cause of action has prescribed. The cause of action of private respondents is based on the
The case was elevated to CA. CA holding that the action has alleged breach by petitioners of the resolutory condition in
not yet prescribed, rendered a decision in favor of private the deed of donation that the property donated should not
respondents (plaintiff therein). be sold within a period of one hundred (100) years from the
Petitioners contended that the cause of action of herein date of execution of the deed of donation. Said condition, in
private respondents has already prescribed, invoking Article our opinion, constitutes an undue restriction on the rights
764 of the Civil Code which provides that "(t)he donation arising from ownership of petitioners and is, therefore,
shall be revoked at the instance of the donor, when the contrary to public policy.
donee fails to comply with any of the conditions which the Donation, as a mode of acquiring ownership, results in an
former imposed upon the latter," and that "(t)his action shall effective transfer of title over the property from the donor to
prescribe after four years from the non-compliance with the the donee. Once a donation is accepted, the donee becomes
condition, may be transmitted to the heirs of the donor, and the absolute owner of the property donated. Although the
may be exercised against the donee's heirs." donor may impose certain conditions in the deed of donation,
Thus should have raised the action between Jan 1980- Jan the same must not be contrary to law, morals, good customs,
1984. On Nov. 1984, it has prescribed. public order and public policy. The condition imposed in the
Issues: deed of donation in the case before us constitutes a patently
1.WON judicial declaration is required as the revocatory act unreasonable and undue restriction on the right of the donee
of the donation in this case to dispose of the property donated, which right is an
2.WON the cause of action of respondents has prescribed indispensable attribute of ownership. Such a prohibition
under Art. 765 against alienation, in order to be valid, must not be perpetual
3.WON respondents have a cause of action granting the or for an unreasonable period of time.
cause of action has not prescribed Certain provisions of the Civil Code illustrative of the
Ruling: aforesaid policy may be considered applicable by analogy.
1.No judicial declaration needed. Automatic revocation by Under the third paragraph of Article 494, a donor or testator
virtue of the stipulation in the deed of donation may prohibit partition for a period which shall not exceed
2. Action has not prescribed twenty (20) years. Article 870, on its part, declares that the
SC quoting CA’s decision: dispositions of the testator declaring all or part of the estate
The deed of donation involved herein expressly provides for inalienable for more than twenty (20) years are void.
automatic reversion of the property donated in case of That the prohibition in the deed of donation against the
violation of the condition therein, hence a judicial declaration alienation of the property for an entire century, being an
revoking the same is not necessary. unreasonable emasculation and denial of an integral
"By the very express provision in the deed of donation itself attribute of ownership, should be declared as an illegal or
that the violation of the condition thereof would render ipso impossible condition within the contemplation of Article 727
facto null and void the deed of donation, WE are of the of the Civil Code. Consequently, as specifically stated in said
opinion that there would be no legal necessity anymore to statutory provision, such condition shall be considered as
have the donation judicially declared null and void for the not imposed.
reason that the very deed of donation itself declares it so. The net result is that, absent said proscription, the deed of
Phrase reading 'would render ipso facto null and void' would sale supposedly constitutive of the cause of action for the
not appear in the deed of donation, if the intention was nullification of the deed of donation is not in truth violative of
otherwise. the latter hence, for lack of cause of action, the case for
The Court of Appeals committed no error in holding that the private respondents must fail
cause of action of herein private respondents has not yet
prescribed since an action to enforce a written contract
prescribes in ten (10) years ( 1980-1990, respondents filed
Title: Eufemia Pajarillo, Claudio Suterio Jr. vs. IAC, Salud Issue:
Suterio
Whether or not the deed of donation is valid?
G.R. No. 72908, August 11, 1989
Ruling:
Topic: Perfection of Donation, Making and Acceptance of
Donation It is also pointed out that the donation is defective in
form because of non-compliance with the requirements of
Facts: the law regarding its acceptance. As it was executed in 1946,
the applicable rule is Article 633 of the old Civil Code reading
First Generation: There were 3 siblings, Perfecta, Felipe, and as follows:
Juana.
Art. 633. In order that a donation of real
Second Generation: The children of Juana, Salud property be valid it must be made by public
(respondent) and Claudio Sr. instrument in which the property donated
must be specifically described and the
Third Generation: The children of Claudio from spouse amount of the charges to be assumed by
Pajarillo (petitioners) the donee expressed.
Perfecta (donor) here died but never left a will but The acceptance may be made, in the deed
left a desire to donate the land she owned to her niece Salud of gift or in a separate public writing; but it
(donee). So the forced heirs herein, Felipe and Juana, carried shall produce no effect if not made during
out the desire of deceased Perfecta and donated the land to the lifetime of the donor.
Salud. A deed of donation was made by the two through an
execution of a public instrument (extra-judicial partition) on If the acceptance is made, by separate
May 20, 1946 with a note of the acceptance of Salud BUT the public instrument, authentic notice thereof
actual acceptance was made by Salud in a separate public shall be given the donor, and this
instrument only on June 20, 1946 with Pajarillo-Suterio as proceeding shall be noted in both
witness. No registration was made nor title transferred to instruments.
Salud’s name but she immediately took possession.
There is no question that the donation was accepted
Because of the request of her mother, Juana, Salud in a separate public instrument and that it was duly
transferred possession and enjoyment of the fruits of the communicated to the donors. Even the petitioners cannot
land to her mother, Juana, who then occupied the land deny this. But what they do contend is that such acceptance
together with Claudio Sr. and his family. Claudio Sr. paid the was not "noted in both instruments," meaning the
realty taxes thereon. On May 25, 1965, Juana executed a extrajudicial partition itself and the instrument of acceptance,
deed of absolute sale conveying the land to Claudio Sr. for a as required by the Civil Code. There is nothing in either of the
declared consideration of P12,000 and after 2 years was able two instruments showing that "authentic notice" of the
to obtain a TCT. Claudio Sr. died in 1961 and Juana died on acceptance was made by Salud to Juana and Felipe. And while
1963. the first instrument contains the statement that "the donee
does hereby accept this donation and does hereby express
The mother who did not even have the right to convey the her gratitude for the kindness and liberality of the donor," the
property sold the property to the brother of the donee only signatories thereof were Felipe Balane and Juana Balane
de Suterio. That was in fact the reason for the separate
instrument of acceptance signed by Salud a month later.
On June 30, 1965, Salud (joined by her husband)
initiated a complaint for the reconveyance of the property on
the ground that the deed of absolute sale in favor of Claudio So basically, the donor was aware that the donee has
Sr. was fictitious and its registration in his name is null and accepted the donation. This was confirmed by the mother
void. hence the reason of asking the donee not to register the
property under her name during the lifetime of the donor
On April 17,1979, Judge Juan M. Montecillo of the
Court of First Instance of Quezon rendered judgment The purpose of the formal requirement is to insure
upholding the donation to the plaintiff and annulling the that the acceptance of the donation is duly communicated to
deed of sale and the registration of the land in favor of the donor. In the case at bar, it is not even suggested that
Claudio Suterio, Sr. On appeal, the decision was affirmed in Juana was unaware of the acceptance for she in fact
toto. confirmed it later and requested that the donated land be not
registered during her lifetime by Salud. Given this significant
evidence, the Court cannot in conscience declare the machinations and strategies taking advantage of Conchita’s
donation ineffective because there is no notation in the fragile condition and that it was null and void for failing to
extrajudicial settlement of the donee's acceptance. That comply with the Civil Code regarding formalities of the wills
would be placing too much stress on mere form over and testament considering that the donation was mortis
substance. It would also disregard the clear reality of the causa. Petitioners contends that it was inter vivos because it
acceptance of the donation as manifested in the separate was made in consideration of the love and affection not in
instrument dated June 20,1946, and as later acknowledged consideration of death and that the recission provided
by Juana. therein is a resolutory condition confirming that it is inter
vivos.
The donation became effective upon acceptance by
Salud except that, in obedience to her mother's request, she RTC found for the respondents and declared the donation as
chose not to register the land in the meantime and to allow mortis causa and null and void for failing to comply with Art
her mother to enjoy its fruits. What was deferred was not its 806 of the Civil Code.
effectivity but only its enjoyment by Salud. Registration was
not necessary to make the donation a binding commitment Petitioner filed a petition for review on certiorari under Rule
insofar as the donors and the donee were concerned. 45 posing the question of law.
It is clear that Juana Balane de Suterio had no right Issue: WON the Donation was inter vivos or mortis causa.
to sell the subject land to Claudio because she was no longer
its owner, having previously donated it to her daughter Salud. Ruling: The instrument was a donation mortis causa.
Juana herself was holding the land merely as a trustee of
Salud, who had transferred possession to her mother at the In a donation mortis causa, "the right of disposition is not
old woman's request. The deed of sale was itself vitiated by transferred to the donee while the donor is still alive."[12] In
bad faith as Claudio is presumed to have known of the determining whether a donation is one of mortis causa, the
previous donation to his sister Salud, whose acceptance of following characteristics must be taken into account:
the donation was formally witnessed by his own wife, the
herein principal petitioner. (1) It conveys no title or ownership to the transferee before
the death of the transferor; or what amounts to the same
thing, that the transferor should retain the ownership (full or
WHEREFORE, the petition is DENIED, with costs
naked) and control of the property while alive;
against the petitioners.
(2) That before his death, the transfer should be revocable by
Topic: Donation Mortis Causa
the transferor at will, ad nutum; but revocability may be
provided for indirectly by means of a reserved power in the
Maglasang vs. Heirs of Cabatingan June 5, 2002 GR 131953
donor to dispose of the properties conveyed;
Facts: On Feb. 1992, Conchita Cabatingan (donor) executed a
and
“Deed of Conditional Donation Intervivos” in favor of her
brother Nicolas Cabatingan (donee) over a house and lot in
(3) That the transfer should be void if the transferor should
Liloan. She also executed 4 other donation in favor of Estela
survive the transferee.[13]
Maglasang, Nicolas and Merly Cabatingan. These deeds of
donation contain similar provisions, to wit:
In the present case, the nature of the donations as mortis
causa is confirmed by the fact that the donations do not
"That for and in consideration of the love and affection of the
contain any clear provision that intends to pass proprietary
DONOR for the DONEE, x x x the DONOR does hereby, by
rights to petitioners prior to Cabatingan’s death. The phrase
these presents, transfer, convey, by way of donation, unto
"to become effective upon the death of the DONOR" admits
the DONEE the above-described property, together with the
of no other interpretation but that Cabatingan did not intend
buildings and all improvements existing thereon, to become
to transfer the ownership of the properties to petitioners
effective upon the death of the DONOR; PROVIDED,
during her lifetime. Petitioners themselves expressly
HOWEVER, that in the event that the DONEE should die
confirmed the donations as mortis causa in the following
before the DONOR, the present donation shall be deemed
Acceptance and Attestation clauses, uniformly found in the
automatically rescinded and of no further force and effect; x x
subject deeds of donation, to wit:
x"[3] (Emphasis Ours)
"That the DONEE does hereby accept the foregoing donation
On May 9, 1995, Conchita Cabatingan died.
mortis causa under the terms and conditions set forth
therein, and avail herself of this occasion to express her
The heirs of Conchita filed in RTC Mandaue for the
profound gratitude for the kindness and generosity of the
Annulment and/or declaration of Nullity of the deeds of
DONOR."
donation and accounting alleging that through sinister
shall not be required to retain a copy of the will, or file
xxx another with the office of the Clerk of Court. (n)"
"SIGNED by the above-named DONOR and DONEE at the foot The deeds in question although acknowledged before a
of this Deed of Donation mortis causa, which consists of two notary public of the donor and the donee, the documents
(2) pages x x x."[15] were not executed in the manner provided for under the
above-quoted provisions of law.
That the donations were made "in consideration of the love
and affection of the donor" does not qualify the donations as WHEREFORE, the petition is hereby DENIED for lack of merit.
inter vivos because transfers mortis causa may also be made
for the same reason. [16] SO ORDERED.
Austria-Magat vs. CA
(because if the former, it is valid having been duly accepted by
the donee, but if the latter it would be void because being in
Facts:
the nature of disposal of property by will, according to the
In 1953, Basilisa bought a parcel of residential land
article 620 of the Civil Code, it shall be governed by the rules
together with the improvement thereon. On December 17,
established for testamentary succession)
1975, Basilisa executed a document designated as “Kasulatan
sa Kaloobpala (Donation)” over said parcel in favor her
HELD: children. Later, Basilisa and her said children likewise
executed another notarized document denominated as
Here, the donation is entitled and called donacion onerosa “Kasulatan” which is attached to the deed of donation where
mortis causa. From the body, however, we find that the it was stated that the same parcel will still be in the
donation was of a nature remunerative rather that onerous. possession of their mother in her lifetime and be free from
The donation instead of being onerous or for a valuable any encumbrance.
consideration, as in payment of a legal obligation was more of On February 6, 1979, Basilisa executed a Deed of
remuneratory or compensatoruy nature, besides being partly Absolute Sale of the subject house and lot in favor of herein
motivated by affection. petitioner Apolinaria Austria-Magat for P5,000. As the result
of the registration of said sale, TCT No. RT-4036 in the name
In the case of De Guzman et al. vs. Ibea, et al. (67 Phil., 633), of the donor was cancelled and in lieu thereof TCT No. T-
this Court through said that if a donation by its terms is inter 10434 was issued by the RD of Cavite City in favor of
vivos, this character is not altered by the fact that the donor petitioner on February 8, 1979.
styles it mortis causa. On September 21, 1983, herein respondents Teodora
Carampot, Domingo Comia, and Ernesto Apolo (representing
It is clear that even when the donor calls the donation mortis their deceased mother Consolacion Austria), Ricardo,
causa instead of inter vivos, even if he says it is to take effect Mamerto and Segunda, all surnamed Sumpelo (representing
after his death, when from the body of the instrument or their deceased mother Rosario Austria) and Florentino
donation is to be gathered that the main consideration of the Lumubos filed before the RTC of Cavite an action against the
donation is not the death of the donor but rather services petitioner for annulment of TCT No. T-10434 and other
rendered to him, by the donee or his affection for the latter, relevant documents, and for reconveyance and damages.
then the donation should be considered as inter vivos, and However, it was dismissed. According to the trial court, the
when duly accepted, it transfers title immediately to the donation is a donation mortis causa pursuant to Article 728 of
donee, and the condition that the donation is to take effect the New Civil Code inasmuch as the same expressly provides
only after the death of donor should be interpreted as that it would take effect upon the death of the donor; that
meaning that the possession and enjoyment of the fruits of the provision stating that the donor reserved the right to
the property donated should take place only after donor's revoke the donation is a feature of a donation mortis
death causa which must comply with the formalities of a will; and
that inasmuch as the donation did not follow the formalities
One other consideration may be mentioned in support of our pertaining to wills, the same is void and produced no effect
stand. The donation here was accepted by Emilia; said whatsoever. Hence, the sale by the donor of the said
property was valid since she remained to be the absolute donor’s lifetime, the latter would still enjoy the right of
owner thereof during the time of the said transaction. possession over the property; but, his naked title of
On appeal, the decision of the trial court was reversed ownership has been passed on to the donees; and that upon
by the Court of Appeals in its subject decision declared null the donor’s death, the donees would get all the rights of
and void the Deed of Sale of Registered Land and TCT No. T- ownership over the same including the right to use and
10434 of and ordering the cancellation thereof; and also possess the same; and not necessarily proofs that the
declared that appellants and appellee are co-owners of the donation is mortis causa. The provision in the deed of
house and lot in question in accordance with the deed of donation that the donated property will remain in the
donation executed by Basilisa Comerciante on December 17, possession of the donor just goes to show that the donor has
1975. The appellate court ruled that the deed is a given up his naked title of ownership thereto and has
donation inter vivos based on the provision of the same maintained only the right to use (jus utendi) and possess (jus
which expresses the irrevocability of the conveyance. The possidendi) the subject donated property. Also, the
irrevocability of the donation is a characteristic of a donation prohibition on the donor to alienate the said property during
inter vivos. By the words “hindi mababawi”, the donor her lifetime is proof that naked ownership over the property
expressly renounced the right to freely dispose of the house has been transferred to the donees. It also supports the
and lot in question. The right to dispose of a property is a irrevocable nature of the donation considering that the donor
right essential to full ownership. Hence, ownership of the has already divested herself of the right to dispose of the
house and lot was already with the donees even during the donated property. On the other hand, the prohibition on the
donor’s lifetime. Also, the attached document to the deed of donees only meant that they may not mortgage or dispose
donation, a stipulation is present which is a mere reiteration the donated property while the donor enjoys and possesses
of the irrevocability of the dispossession on the part of the the property during her lifetime. However, it is clear that the
donor. On the other hand, the prohibition to encumber, donees were already the owners of the subject property due
alienate or sell the property during the lifetime of the donor to the irrevocable character of the donation. Another
is recognition of the ownership over the house and lot in indication in the deed of donation that the donation is inter
issue of the donees for only in the concept of an owner can vivos is the acceptance clause therein of the donees. An
one encumber or dispose a property. acceptance clause is a mark that the donation is inter vivos
and is also a requirement for donations inter vivos. On the
Issue(s): other hand, donations mortis causa, being in the form of a
1. Whether or not it was a donation inter vivos. will, are not required to be accepted by the donees during
2. Whether the action has prescribed under the Statute of the donor’s lifetime.
Limitations. Also, the act of selling the subject property to the
petitioner herein cannot be considered as a valid act of
Ruling: revocation of the deed of donation for the reason that a
It has been held that whether the donation is inter formal case to revoke the donation must be filed pursuant to
vivos or mortis causa depends on whether the donor Article 764 of the Civil Code which speaks of an action that
intended to transfer ownership over the properties upon the has a prescriptive period of four (4) years from non-
execution of the deed. Significant to the resolution of this compliance with the condition stated in the deed of
issue is the irrevocable character of the donation in the case donation. The rule that there can be automatic revocation
at bar. In Cuevas v. Cuevas, the Court ruled that when the without benefit of a court action does not apply to the case at
deed of donation provides that the donor will not dispose or bar for the reason that the subject deed of donation is devoid
take away the property donated (thus making the donation of any provision providing for automatic revocation in event
irrevocable), he in effect is making a donation inter vivos. He of non-compliance with the any of the conditions set forth
parts away with his naked title but maintains beneficial therein.
ownership while he lives. It remains to be a donation inter As regards the ground of estoppel, the donor, Basilisa,
vivos despite an express provision that the donor continues cannot invoke the violation of the provision on the
to be in possession and enjoyment of the donated property prohibition to encumber the subject property as a basis to
while he is alive. revoke the donation thereof inasmuch as she acknowledged
Construing together the provisions of the deed of the validity of the mortgage executed by the donee,
donation, the Court finds and so hold that in the case at bar Consolacion Austria, when the said donor asked respondent
the donation is inter vivos. The express irrevocability of the Domingo Comia to redeem the same. Thereafter, the donor,
same (“hindi na mababawi”) is the distinctive standard that Basilisa likewise asked respondent Florentino Lumubos and
identifies that document as a donation inter vivos. The other the petitioner herein to redeem the same. Those acts implied
provisions therein which seemingly make the donation mortis that the donees have the right of control and naked title of
causa do not go against the irrevocable character of the ownership over the property considering that the donor,
subject donation. The provisions which state that the same Basilisa condoned and acknowledged the validity of the
will only take effect upon the death of the donor and that mortgage executed by one of the donees,
there is a prohibition to alienate, encumber, dispose, or sell Consolacion Austria.
the same, are only necessary assurances that during the
Anent the second issue, the petitioner asserts that the signatures of Valenta and Natividad. Later on Gaudencio
action, against the petitioner, for annulment of TCT No. T- likewise sold his rights still to Salud evidenced by a notarized
10434 and other relevant documents, for reconveyance and document.
damages, filed by the respondents on September 21, 1983 on
the ground of fraud and/or implied trust has already Sometime in 1987, petitioners instituted an action
prescribed. The sale happened on February 6, 1979 and its for compulsory judicial partition of real properties registered
registration was made on February 8, 1979 when TCT No. RT- in the name of Agustin Dizon with the Regional Trial Court,
4036 in the name of the donor was cancelled and in lieu Branch 18 of Malolos, Bulacan. The action was prompted by
thereof TCT No. T-10434 in the name of the petitioner was the refusal of herein respondent Natividad Dizon Tamayo to
issued. Thus, more than four (4) years have passed since the agree to the formal distribution of the properties of deceased
sale of the subject real estate property was registered and Agustin Dizon among his heirs. Respondent claims that her
the said new title thereto was issued to the petitioner. The father donated it to her sometime in 1936 with the
petitioner contends that an action for reconveyance of conformity of the other heirs. She presented a private
property on the ground of alleged fraud must be filed within document of conformity which was allegedly signed and
four (4) years from the discovery of fraud which is from the executed by her elder brother, Eduardo, in 1936. The subject
date of registration of the deed of sale on February 8, 1979; property is also declared for taxation purposes under Tax
and that the same prescriptive period also applies to a suit Declaration No. 10376 in the name of respondent.
predicated on a trust relationship that is rooted on fraud of
breach of trust. However, the four-year prescriptive period is Trial court noted that the alleged endowment which
not applicable to the case at bar for the reason that there is was made orally by the deceased Agustin Dizon to herein
no fraud in this case. The findings of fact of the appellate respondent partook of the nature of a donation which
court which are entitled to great respect, are devoid of any required the observance of certain formalities set by law.
finding of fraud. The records do not show that the donor, Nevertheless, the trial court rendered judgment in favor of
Basilisa, and the petitioner ever intended to defraud the respondent.
respondents herein with respect to the sale and ownership of
the said property. On the other hand, the sale was grounded
Court of Appeals, in affirming the decision of the
upon their honest but erroneous interpretation of the deed
RTC, stated that notwithstanding the unexplained erasures
of donation that it is mortis causa, not inter vivos;and that the
and alterations, a cursory reading of the signed statement of
donor still had the rights to sell or dispose of the donated
Eduardo Dizon, which execution is undisputed, showed that
property and to revoke the donation. There being no fraud in
there was an oral donation of the litigated land from Agustin
the trust relationship between the donor and the donees
Dizon to Natividad Dizon Tamayo in 1936.
including the herein petitioner, the action for reconveyance
prescribes in ten (10) years. Considering that TCT No. T-
Issue:
10434 in the name of the petitioner and covering the subject
property was issued only on February 8, 1979, the filing of the
complaint in the case at bar in 1983 was well within the ten- Whether or not the document is authentic inasmuch
year prescriptive period. as it is marred by unexplained erasures and alterations?
CA’s decision is affirmed.
Ruling:
Title: Heirs of Salud Dizon Salamat vs. Tamayo In order that the donation of an immovable
may be valid, it must be made in a public
G.R. No. 110644, October 30, 1998 document, specifying therein the property
donated and the value of the charges which
Topic: Making and Acceptance of donation the donee must satisfy.