Transfers in Contemplation of Death
Transfers in Contemplation of Death, Art. 728-731
ALEJANDRO V. GERALDEZ, 78 SCRA 245 (1977)
FACTS: Petition for Review on Certiorari of the decisions of the CFI of Bulacan
This is a case about donations inter vivos and mortis causa.
The bone of contention is Lot No. 2502 of the Lolomboy Friar Lands Estate with an area of 5, 678 sq. meters, situated in Sta. Maria Bulacan.
Sps. Gavino Diaz and Severa Mendoza executed a Deed of Donation in favor of their children, Olimpia, Angel, Andrea Diaz, and daughter-in-law Regina Fernando. In the deed of donation, the Sps. Donated 8 lots, with reservations on certain lots, to their children and daughters-in-law and with conditions that they are not allowed to alienate the same to 3rd persons while the couple are still alive and that they shall continue to administer the same until their death. The donees manifested their acceptance in the same deed of donation. When Gavino died, Severa executed a deed of donation in favor of Angel and Andrea, giving the siblings each a ½ portion of Lot 2377-A.
When Severa died, Andrea sued her brother Angel for the partition of Lots 2377-A and 2502. Teodorico Alejandro, the surviving spouse of Olimpia, moved to intervene claiming 1/3 portion of Lot 2502.
In his answer, Angel alleged that he had been occupying his share of Lot 2502 for more than 20 years. The intervenors claimed that the 1949 donation was a void mortis causa disposition.
The CFI ruled that the donation was a donation mortis causa because the ownership of the properties donated did not pass to the donees during the donor’s lifetime but was transmitted to the donees only ―upon the death of the donors‖. It, however, sustained the partition of Lot 2502 since it was an extrajudicial partition. Both parties appealed to the SC, Andrea contending that it is a donation inter vivos while Alejandro contending it to be mortis causa.
ISSUE: Whether or not the donation is a donation inter vivos or mortis causa.
HELD: Donation inter vivos
ALEJANDRO V. GERALDEZ, 78 SCRA 245 (1977)
FACTS: Petition for Review on Certiorari of the decisions of the CFI of Bulacan
This is a case about donations inter vivos and mortis causa.
The bone of contention is Lot No. 2502 of the Lolomboy Friar Lands Estate with an area of 5, 678 sq. meters, situated in Sta. Maria Bulacan.
Sps. Gavino Diaz and Severa Mendoza executed a Deed of Donation in favor of their children, Olimpia, Angel, Andrea Diaz, and daughter-in-law Regina Fernando. In the deed of donation, the Sps. Donated 8 lots, with reservations on certain lots, to their children and daughters-in-law and with conditions that they are not allowed to alienate the same to 3rd persons while the couple are still alive and that they shall continue to administer the same until their death. The donees manifested their acceptance in the same deed of donation. When Gavino died, Severa executed a deed of donation in favor of Angel and Andrea, giving the siblings each a ½ portion of Lot 2377-A.
When Severa died, Andrea sued her brother Angel for the partition of Lots 2377-A and 2502. Teodorico Alejandro, the surviving spouse of Olimpia, moved to intervene claiming 1/3 portion of Lot 2502.
In his answer, Angel alleged that he had been occupying his share of Lot 2502 for more than 20 years. The intervenors claimed that the 1949 donation was a void mortis causa disposition.
The CFI ruled that the donation was a donation mortis causa because the ownership of the properties donated did not pass to the donees during the donor’s lifetime but was transmitted to the donees only ―upon the death of the donors‖. It, however, sustained the partition of Lot 2502 since it was an extrajudicial partition. Both parties appealed to the SC, Andrea contending that it is a donation inter vivos while Alejandro contending it to be mortis causa.
ISSUE: Whether or not the donation is a donation inter vivos or mortis causa.
HELD: Donation inter vivos