MAGLASANG vs. CABATINGAN

MAGLASANG vs. CABATINGAN

June 5, 2002

FACTS: 

Conchita Cabatingan executed deed of donation over a house and lot in favor of his brother. Also, she executed 4 other deeds of donation in favor of the petitioners. The deeds provided that it shall take effect upon the donor’s death. Conchita died. Respondents filed an action to annul the 4 deeds on the ground that it is void for failure to comply with the formalities of a will.

ISSUE: WON the deed is a donation mortis causa.

HELD:

Yes, it is.

            The nature of the donations as mortis causa is confirmed by the fact that the donations do not contain any clear provision that intends to pass proprietary rights to petitioners prior to Conchita’s death.

Donations mortis causa must be executed in accordance with the requisites on solemnities of wills and testaments.

Though the deeds were acknowledge before a notary public, they were not executed in the manner provided for under Article 805-806 of the Civil Code, thus it is void.