GR L 4225; (August, 1952) (Digest)
G.R. No. L-4225 August 25, 1952
LORENZA CONCEPCION, ET AL., plaintiffs-appellees, vs. EMILIA CONCEPCION, defendant-appellant.
FACTS
Manuela Concepcion executed a document entitled “Escritura de Donacion Onerosa Mortis Causa” in favor of her niece, Emilia Concepcion, on March 7, 1944. The deed described several properties and stipulated that the donation was “mortis causa” and would produce effects only upon the donor’s death. It also imposed conditions, including that the produce from a portion of one parcel be used annually for expenses related to the celebration of Manuela’s death anniversary and for masses for the souls of deceased relatives. The deed contained an acceptance clause signed by the donee, Emilia. Manuela Concepcion died on November 18, 1947. Plaintiffs, who are other nephews and nieces of Manuela, filed an action seeking declaration of ownership and possession of their shares in the properties covered by the donation, arguing the donation was mortis causa and void for not complying with the formalities of a will (having only two witnesses and no attestation clause). The trial court declared the donation mortis causa and null and void, ordering the properties included in the estate for distribution. Defendant Emilia appealed.
ISSUE
Whether the deed of donation (Exhibit A) executed by Manuela Concepcion is a donation inter vivos or a donation mortis causa.
RULING
The Supreme Court ruled that the donation is inter vivos and valid. The Court emphasized that the determination depends on the donor’s intention as revealed by the document’s body, not merely its title. Although the deed used the phrase “mortis causa” and stated it would take effect only upon the donor’s death, the donation was remuneratory (for past services and affection) and was duly accepted by the donee within the same instrument. The Court held that the stipulation on effectivity after death pertained only to the possession and enjoyment of the fruits, not the transfer of ownership, which was immediate. The inclusion of an acceptance, which is necessary only for donations inter vivos, and its registration, further indicated the parties’ intention to create an inter vivos donation. Consequently, the formalities required for wills do not apply. The decision of the lower court was reversed.