Gestopa vs. Court of Appeals
G.R. No. 111904, October 5, 2000
FACTS:
Spouses Danlag, in consideration of love and affection for Mercedes Danlag, executed a deed of donation in favor of the latter but they reserved the right to enjoy the fruits of the properties and prohibited the donee from disposing the property without their consent and approval. The deed stated that the donors have reserved sufficient properties in full ownership or in usufruct enough for their maintenance of decent livelihood. In the same instrument, the donee accepted the donation. However, six years later, the spouses Danlag sold two parcels of the donated land to the petitioners and executed a deed of revocation recovering the lands subject of the said deed of donation.
ISSUES:
Is the donation inter vivos or mortis causa? Is it revocable?
RULING:
The donation is a valid donation inter vivos for the following reasons:
(a) The granting clause shows that the donors donated the properties out of love and affection for the donee;
(b) The donors made a reservation of a lifetime usufruct which indicates that the donor intended to transfer the naked ownership over the properties;
(c) The donors reserved sufficient properties for their maintenance indicating that they intended to part with the lands; and
(d) The donee accepted the donation.It can be ascertained from the provisions of the deed that the donors intended to transfer the ownership over the properties to the donee upon the execution of the deed. The acceptance clause in which the donation was accepted by the donee clearly indicates that the donation is inter vivos. Donation mortis causa, being in the form of a will, are not required to be accepted by the donee during the donor’s lifetime.
Moreover, a limitation on the right to sell during the donor’s lifetime implied that ownership had passed to the donee and the donation was already effective during the donor’s lifetime. A valid donation, once accepted, cannot be revoked except on account of officiousness, failure by the done to comply with the charges imposed on the donation or ingratitude.
Myline Cordial 
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