ANGELES UBALDE PUIG, ET AL.

vs.
ESTELLA MAGBANUA PEÑAFLORIDA, ET AL.
G.R. No. L-15939 January 31, 1966

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.

Held:
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. Motion for Reconsideration was denied.