Del Rosario v. Ferrer
REITERATIONFacts
The Antecedents: Spouses Leopoldo and Guadalupe Gonzales executed a document titled "Donation Mortis Causa" on August 27, 1968, donating their house and lot to their children Asuncion and Emiliano, and granddaughter Jarabini, in equal shares. The deed stipulated irrevocability, respect by the surviving spouse, continuation of occupancy by Jarabini and Emiliano, and that it would not affect other property distributions. It also stated that the surviving spouse reserves the right, ownership, possession, and administration of the property, and the disposition shall be operative and effective upon the death of the donors. The deed lacked an attestation clause and was witnessed by only two persons. The donees accepted the donation. Guadalupe died in September 1968. Leopoldo, on December 19, 1968, executed a deed of assignment of his rights and interests in the property to Asuncion. Leopoldo died in June 1972. Procedural History: In 1998, Jarabini filed a petition for the probate of the deed of donation mortis causa. Asuncion opposed, invoking the deed of assignment. The Regional Trial Court (RTC) ruled that the donation was inter vivos due to its irrevocability, rendering Leopoldo's subsequent assignment void. The RTC ordered the registration of the property in the donees' names. On appeal, the Court of Appeals (CA) reversed the RTC, holding that Jarabini could not collaterally attack the deed of assignment in a probate proceeding and that the donation, being mortis causa, did not comply with notarial will requirements and was thus void. The CA denied Jarabini's motion for reconsideration. The Petition: Jarabini filed the present petition with the Supreme Court.
Issue(s)
Whether the donation, denominated as "Donation Mortis Causa," was in reality a donation inter vivos. Whether Leopoldo's subsequent deed of assignment of his rights and interests in the property to Asuncion was valid.
Ruling
The Court GRANTS the petition, SETS ASIDE the assailed Decision and Resolution of the Court of Appeals, and REINSTATES the Decision of the Regional Trial Court.
Ratio Decidendi
On the nature of the donation: The Court held that the denomination of a donation as "Donation Mortis Causa" is not controlling. If a donation by its terms is inter vivos, its character is not altered by the donor's styling it mortis causa. The Court reiterated the characteristics of a donation mortis causa: (1) it conveys no title or ownership before the transferor's death; (2) it is revocable at will ad nutum before death; and (3) it is void if the transferor survives the transferee. Conversely, "irrevocability" is a quality incompatible with conveyances mortis causa, and is the distinctive standard identifying a donation inter vivos. In this case, the donors explicitly stated that the donation shall be "irrevocable" and shall be "respected by the surviving spouse," clearly indicating an intent to make the donation irrevocable. The acceptance by the donees, as evidenced by their signatures on the deed, further signifies that the donation is inter vivos, as acceptance is a requirement only for such donations, not for donations mortis causa which are in the form of a will. In case of doubt, a conveyance should be deemed a donation inter vivos to avoid uncertainty of ownership. On the validity of the deed of assignment: Since the Court determined that the donation was inter vivos, it was immediately operative and final, with ownership immediately transmitting to the donees upon acceptance. Consequently, Leopoldo's subsequent deed of assignment of his rights and interests in the property to Asuncion was void because, by then, he had no more rights to assign, as he could not give what he no longer had (Nemo dat quod non habet). The Court also found no fault with the trial court passing upon the validity of the donation as inter vivos and the nullity of the assignment in a petition for probate, as the rule on probate is not inflexible, and the opposing party had placed the validity of the deed of assignment squarely in issue.
Main Doctrine
A donation, though denominated as 'Donation Mortis Causa,' is considered a donation inter vivos if it possesses the characteristics of irrevocability and requires acceptance by the donee during the donor's lifetime, thereby immediately transmitting ownership and precluding subsequent assignment of the property by the donor.