MA.

ESTELA MAGLASANG, NICOLAS CABATINGAN AND

MERLY S. CABATINGAN, PETITIONERS,
VS.
THE HEIRS OF CORAZON CABATINGAN, NAMELY, LUZ M.
BOQUIA, PERLA M. ABELLA, ESTRELLA M. CAETE, LOURDES
M. YUSON, AND JULIA L. MAYOL, HEIRS OF GENOVIVA C.
NATIVIDAD NAMELY, OSCAR C. NATIVIDAD, OLGA
NATIVIDAD, ODETTE NATIVIDAD, OPHELIA NATIVIDAD,
RICHARD NATIVIDAD, RAYMUND NATIVIDAD, RICHIE
NATIVIDAD, SONIA NATIVIDAD AND ENCARNACION
CABATINGAN VDA. DE TRINIDAD, ALFREDO CABATINGAN
AND JESUSA C. NAVADA, RESPONDENTS.
G.R. No. 131953, June 05, 2002
AUSTRIA-MARTINEZ, J.:
Nature of the case:
Petition for review on certiorari filed under Rule 45 of the Rules of Court is
the sole issue of whether the donations made by the late Conchita
Cabatingan are donations inter vivos or mortis causa.
Facts:

On February 17, 1992, Conchita Cabatingan executed a deed of

conditional donation over a house and lot in favor of her brother, one of the
herein petitioners. On January 14, 1995, four other deeds of donation were
subsequently executed by Conchita Cabatingan in favor of the petitioners
Estela C. Maglasang over two(2) parcels of land in Cebu and Masbate,
Nicolas Cabatingan over a portion of a parcel of land in Masbate, and Merly
S. Cabatingan over a portion of the Masbate property. Said deeds of
donations contain similar stipulations that the same should become effective
upon the death of the donor and shall be deemed automaticaly rescinded
when the donee should die before the donor.

On May 9, 1995, Conchita Cabatingan died.

Upon knowledge of the existing donations, the respondents filed an action

for annulment of the same on the ground that it is null and void for failure to
comply with the provisions of the Civil Code regarding formalities of wills
and testaments, considering that it constitutes donations mortis causa.

Petitioners contends that Conchita Cabatingan freely, knowingly and

voluntarily caused the preparation of said instruments.

The trial court ruled in favor of the petitioners.

Issue:

Whether the executed Deeds of Donation were that of Donations mortis

causa and thus must comply with the formalities of wills and testaments.

Held:

Yes, the executed Deeds of Donations partook of the nature of Donations

mortis causa. In a donation mortis causa, the right of disposition is not
transferred to the done 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, (2) that, before his death, the transfer should be
revocable by the transferor at will, ad nutum, and (3) that the transfer should
be void if the transferor should survive the transferee.