G.R. No. 125888 – 294 SCRA 183 – Civil Law – Succession – Donation Mortis Causa vs Donation Inter Vivos
In 1979, Aurora Montinola executed a “Deed of Donation Inter Vivos” in favor of her three grandchildren Catalino Valderrama, Judy Valderrama, and Jesus Valderrama. The deed however provided that that the donation shall be effective only 10 years after Montinola’s death. In 1980, the original title of the parcel of land subject of the donation was cancelled and a new title was given to the Valderramas. Montinola however retained the original title and she continued to perform acts of ownership over the parcel of land.
In 1987, Montinola revoked the donation because of acts of ingratitude committed against her by the Valderramas; that the Valderramas defamed her; that she overheard the Valderramas plotting against her life. In 1990, she petitioned to have her title be reinstated and her grandchildren’s title be cancelled. She said that the donation is actually a donation mortis causa and that the same is void because the formalities of a will were not complied with. In the same year, she sold her property to spouses Ernesto and Evelyn Sicad.
The Valderramas opposed the petition. In 1993, while the case was still pending, Montinola died. The petition was continued by the spouses Sicad.
ISSUE: Whether or not the “Deed of Donation Inter Vivos” is actually a donation mortis causa.
HELD: Yes, the deed is a donation mortis causa. Montinola not only reserved for herself all the fruits of the property allegedly conveyed, but what is even more important, specially provided that without the knowledge and consent of the Montinola, the donated properties could not be disposed of in any way, thereby denying to the transferees the most essential attribute of ownership, the power to dispose of the properties. A donation which purports to be one inter vivos but withholds from the donee (in this case the Valderramas) the right to dispose of the donated property during the donor’s lifetime is in truth one mortis causa. In a donation mortis causa “the right of disposition is not transferred to the donee while the donor is still alive.” The donation is therefore void because the formalities of a will, which is essentially a donation mortis causa, were not complied with.
