GESTOPA VS. CA FACTS- Acceptance in Donation

Category: Property, Ownership and Its Modifications

GESTOPA VS. CA FACTS- Acceptance in Donation

Acceptance is a mark that the donation is inter vivos. Donations mortis causa, being in the form of a will, are not required to be accepted by the donee during the donor’s lifetime.

FACTS:

Spouses Danlag own six parcels of land. To four parcels of land, they executed a donation mortis causa in favor of respondent Mercedes Danlag-Pilapil, reserving donor's rights to amend, cancel, or revoke the donation and to sell or encumber such properties. Years later, they executed another donation, this time inter vivos, to six parcels of land in favor of respondents, reserving their rights to the fruits of the land during their lifetime and for prohibiting the donee to sell or dispose the properties donated. Subsequently, the spouses sold 2 parcels to herein petitioners, spouses Gestopa, and eventually revoking the donation. Respondent filed a petition to quiet title, stating that she had already become the owner of the parcels of land. Trial Court ruled in favor of petitioners, but CA reversed.

ISSUE:

Whether the (second) donation was inter vivos or mortis causa

RULING:

It was donation inter vivos. The spouses were aware of the difference between the two donations, and that they needed to execute another deed of donation inter vivos, since it has a different application to a donation mortis causa. Also, the court stated four reasons to the matter: (1) that the spouses donated the parcels of land out of love and affection, a clear indication of a donation inter vivos; (2) the reservation of a lifetime usufruct; (3) reservation of sufficient properties for maintenance that shows the intention to part with their six lot; and (4) respondent's acceptance, contained in the deed of donation. Once a deed of donation has been accepted, it cannot be revoked, except for officiousness or ingratitude, which the spouses failed to invoke.