HOWARD vs. PADILLA- Formalities of Donation

Category: Property, Ownership and Its Modifications

HOWARD vs. PADILLA- Formalities of Donation

Donations must conform with the formalities set by law.

FACTS:

Marie Howard is the widow of the donor. The donated propert was conjugal in nature. The CA ruled that the donation was inter vivos, not mortis causa. As such it is valid and irrevocable. It is valid, however, only up to the extent of the share of the donor in the property.

ISSUE:

Is the donation mortis causa or inter vivos?

HELD:

The donation is mortis causa which takes effect upon the death of the donor. Therefore, the donation not having conformed with the formalities of the law, the same is void.