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Danguilan v.

Intermediate
Appellate Court

Magsino, Patricia Marie C.


11481196

Facts

Petition to review the decision of the then


Intermediate Appellate Court

Facts
Domingo Melad

Farm Lot

Both lots are being claimed by Petitioner


Felix Danguilan and Private Respondent
Apolonia Melad
Jan. 29, 1962 Respondent Melad filed a
complaint against Petitioner Danguilan for
recovery of the farm lot and residential lot

Residential
Lot

Alleged that Domingo


Melad signed a private
instrument in which he
donated Felix Danguilan
the farm lot
Another
private
instrument
was
executed donating the
residential lot to Felix
Both on the condition
that Felix will help
cultivate the land and
bury Domingo upon his
death

Alleged that she was


the illegitimate child of
Domingo Melad
Presented a deed of
sale where the lots
were conveyed to her
and
paid
by
her
mother when she was
only 3 years old
IAC held that the
private
instruments
donating the lots to
Danguilan are null and
void since it is not in
accordance with the
formalities under Art.
749

Apolonia Melad/IAC

Felix Danguilan

Arguments

Issue

WON the donation by Domingo


Melad to Felix Danguilan is null and
void for not following the formalities
under Art. 749

Doctrine

Art. 749 of the Civil Code:

In order that the donation of an immovable may


be valid, it must be made in a public document,
specifying therein the property donated and the
value of the charges which the donee must
satisfy.

Doctrine

Court held that the donation made by Domingo


Melad to Felix Danguilan is onerous and not
moved by pure liberality

Donation was made in exchange of Felixs


obligation to take care of Domingo for the rest of
his life and to provide for his burial

This donation does not come under the rule stated


in Art. 749; requiring for the donation to be
executed in a public document

Decision
Donation of lots were onerous
it is not covered by Art. 749 which requires
for the donation to be executed in a public
document
Donation is valid

Ownership is with
Felix Danguilan

Question

Mr. A executed a private instrument donating


three lots to Mr. Z. The donation was upon the
condition that Mr. Z will take care of Mr. A, and
that upon his death Mr. Z will handle his
burial.

Under Art. 749, what is required for a


donation of an immovable property to be
valid?

Is the donation null and void?

Answer

Under Art. 749, for a donation of an


immovable property to be valid, it must be
made in a public document.

The donation is valid. Although not in


accordance with the formalities under Art.
749, the donation was onerous and does not
fall under the rule covered by Art. 749.