PROPERTY CASE DIGESTS (ATTY.

AMPIL) 15
th
week Imperial Sia Plazo Noel De Los Santos Bleza Cimagala Bedural | 2D 2012|

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5% of the inventoried estate. Administrator thought that too
high and said hed be happy to pay P3,000.

Both parties based their claims on the central issue of the
donation by Ms. David. If the donation was mortis causa, then
the donation should be inventoried with the estate and
therefore the lawyer can get his lofty demand. Should the
donation have been intervivos, then the donation wouldnt be
inventoried and therefore the administrator can pay the lower
sum contended.

The lower court analyzed a few paragraphs of the deed (in
tagalog) and concluded that the deed partook of the nature
mortis causa.

"Na and naturang "donor," Margarita David y Puato,
alang-alang sa malaki niyang pagtigin, pagligap at
pagmamahal sa mga nabanguit na "donees" Narcisa de
la Fuente at Priscila de la Fuente, sa pamamagitan
nang kasulatang ito, malayang ibinigay at
ipinagkakaloob sa mga naturang Narcisa de la Fuente
at Priscila de la Fuente, at sa kanilang mga
tagapagmana, "albacea" at "Administradores", sa
habang panahon, ang kanyang mga titulo, interes at
participacion sa mag sumusunod na ari-arian na
pawang malines sa lahat nang mga pananagutan:
(Rec. on Appeal, pp. 209, 210.)

Datapwa't ang lahat nang mga tubo at pakinabangan
nang nagbibigay o "donor" na si Margarita David y
Puato hanggang siya ay hindi binabawian nang buhay
nang maykapal; at ang mga pinagbibigyan na si
Narcisa de la Fuente at Priscila de la Fuente ay hindi
maaaring maipagbili, maisangal, a maipagpalit o sa
ano pa man paraan, kung walang kaalaman at
pahintulot nang naturang Margarita David y Puato.

ISSUE: w/n the Deed of Donation is Mortis Causa

HELD: Yes.
The deed of donation makes it clear that all rents, proceeds,
fruits, of the donated properties shall remain for the exclusive
benefit and disposal of the donor, Margartia David, during her
lifetime and that, without the knowledge consent of the
donor, the donated properties could not be disposed of in any
way, whether by sale, mortgage, barter, or in any other way
possible, thus making the donees just as paper owners of the
properties.

The court then concluded that the donation in question is a
donation mortis causa, because the combined effect of the
circumstances surrounding the execution of the deed of
donation and of the above-quoted clauses thereof could not
have taken effect before the death of Margarita David.
According to the terms of the deed, the most essential
elements of ownership the right to dispose of the donated
properties and the right to enjoy the products, profits,
possession remained with Margarita David during her
lifetime, and would accrue to the donees only after Margarita
David's death.

While the donation in question is a donation mortis causa, the
court declined to rule that the donated properties should be
included in the inventory of the estate and should follow the
same proceedings as if they were not donated at all.

The court then awarded the lawyer P10,000 instead of the
P81,000 he craved.


7. MAGLASANG V. HEIRS OF CORAZON CABATINGAN, 383
SCRA 6

FACTS:
On February 1992, Conchita Cabatingan executed in favor of
her brother, Nicolas Cabatingan, a "Deed of Conditional of
Donation Inter Vivos for House and Lot." Four (4) other deeds
of donation were subsequently executed by Conchita
Cabatingan on January 1995, bestowing upon: (a) petitioner
Estela C. Maglasang, two (2) parcels of land;(b) Nicolas
Cabatingan, a portion of a parcel of land; and (c) Merly S.
Cabatingan, a portion of land.These deeds of donation contain
similar provisions, to wit:

"That for and in consideration of the love and affection of
the DONOR for the DONEE, x x x the DONOR does hereby,
by these presents, transfer, convey, by way of donation,
unto the DONEE the above-described property, together
with the buildings and all improvements existing thereon,
to become effective upon the death of the DONOR;
PROVIDED, HOWEVER, that in the event that the DONEE
should die before the DONOR, the present donation shall
be deemed automatically rescinded and of no further
force and effect; x x x"3 (Emphasis Ours)

On May 1995, Conchita Cabatingan died.

Upon learning of the existence of the foregoing donations,
respondents (Heirs of Corazon Cabatingan) filed an action for
Annulment And/Or Declaration of Nullity of Deeds of Donations
and Accounting, seeking the annulment of said four (4) deeds
of donation executed. Heirs allege, inter alia, that petitioners,
fraudulently caused the donations and that the documents are
void for failing to comply with the provisions of the Civil Code
regarding formalities of wills and testaments, considering that
these are donations mortis causa.

RTC ruled that the donation was mortis causa thus void for not
following the requisite forms.

ISSUE: W/N the donation was mortis causa?

HELD: Mortis Causa.
In a donation mortis causa, "the right of disposition is not
transferred to the donee while the donor is still alive." In
determining whether a donation is one of mortis causa, the
following characteristics must be taken into account:
(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
naked) and control of the property while alive;

In a donation mortis causa, the right of disposition is not
transferred to the donee while the donor is still alive.