Professional Documents
Culture Documents
*
G.R. No. 132681. December 3, 2001.
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* FIRST DIVISION.
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directory. The fact that one of the parties signs on the wrong side
of the page does not invalidate the document. The purpose of
authenticating the page is served, and the requirement in the
above-quoted provision is deemed substantially complied with.
Same; Same; Notarial Law; Acknowledgments; The lack of an
acknowledgment by the donee before the notary public does not
render the donation null and void; An instrument of donation
should be treated in its entirety—it cannot be considered a private
document in part and a public document in another, as the fact
that it was acknowledged before a notary public converts the deed
of donation in its entirety a public document.—In the same vein,
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YNARES-SANTIAGO, J.:
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1 Rollo, p. 94.
2 Ibid., p. 95.
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that the adoption was legal. On the other hand, the trial
court found that respondents were first cousins of Catalina
Quilala. However, since it appeared that Catalina died
leaving a will, the trial court ruled that respondents’ deed
of extrajudicial settlement can not be registered. The trial
court rendered judgment as follows:
No costs. 3
SO ORDERED.
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may be made13
in the same deed or in a separate public
document,14 and the donor must know the acceptance by
the donee.
In the case at bar, the deed of donation contained the
number of the certificate of title as well as the technical
description of the real property donated. It stipulated that
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That the DONEE hereby receives and accepts the gift and
donation made in her favor by the DONOR and she hereby
expresses her appreciation17 and gratefulness for the kindness and
generosity of the DONOR.
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least two witnesses who shall likewise sign thereon, and shall be
acknowledged to be the free act and deed of the person or persons
executing the same before a notary public or other public officer
authorized by law to take acknowledgment. Where the
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ment. The fact that the donee was not mentioned by the
notary public in the acknowledgment is of no moment. To
be sure, it is the conveyance that should be acknowledged
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SO ORDERED.
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——o0o——
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