G.R. No. 250774 , June 16, 2021
EDGARDO SANTOS, ZENAIDA SANTOS HERRERA, CORAZON SANTOS CANTILERO, ARMANDO SANTOS, SONIA SANTOS MAGPAYO, CIELITO SANTOS BALMEDIANO, EVELYN SANTOS NICOLAS, FELIXBERTO SANTOS, MARIA BETTINA DIAZ SANTOS, REUBEN JOSEPH SANTOS, JEROME SANTOS DE GUZMAN, AND JERICK SANTOS DE GUZMAN, PETITIONERS, VS. MARIA D. SANTOS AND/OR HER SUCCESSORS-IN-INTEREST, RESPONDENT.

FACTS

Jose Santos (Jose) was married to Josefa Santos (Josefa) with whom he had eight children. After Josefa’s death, Jose, then 77, married respondent Maria D. Santos (Maria), then 61, on April 25, 2002. Prior to the marriage, Jose was involved in a tenancy dispute with the Gaspar family. On May 28, 2002, the Gaspar family executed Deeds of Donation giving Jose 6,000 square meters of rice land as “Disturbance Compensation of Tenant.” Jose subsequently sold or donated portions of this property. On December 4, 2007, Jose executed a Kasulatan ng Pagkakaloob Pala gratuitously transferring 805 sqm of the land to Maria. This donated portion was later subdivided, resulting in a 694 sqm property covered by TCT No. 289268 registered in the name of “Jose L. Santos, Filipino, of legal age, widower, now married to Maria Santos.” Jose died intestate on June 1, 2010, survived by Maria and five children from his first marriage. After his death, his children and grandchildren from his first marriage asked Maria to partition the 694 sqm property. Maria refused, claiming sole ownership by virtue of the donation. Consequently, the children and grandchildren filed a complaint for Partition, Accounting and Damages against Maria.

ISSUE

The primary issue is whether the donation of the 694 sqm property from Jose to Maria during their marriage is valid, and consequently, whether the property forms part of Jose’s estate subject to partition among his compulsory heirs.

RULING

The Supreme Court ruled that the donation is void. The property, acquired by Jose through gratuitous title (donation from the Gaspar family) during his marriage to Maria, is classified as an exclusive property of Jose under Article 92(2) of the Family Code. The phrase “now married to Maria Santos” in the title is merely descriptive of Jose’s civil status and does not convert the property into conjugal property. Furthermore, the donation from Jose to Maria is prohibited under Article 87 of the Family Code, which voids all donations between spouses during the marriage, whether direct or indirect. Since the donation is void, the 694 sqm property remains part of Jose’s estate. Upon his death, the property should be partitioned among his compulsory heirs: his surviving spouse Maria and his legitimate children from his first marriage. The children who predeceased Jose (Nestor, Milagros, and Ruben) shall be represented by their respective children in accordance with the right of representation. The case was remanded to the trial court for the proper partition of the property under Rule 69 of the Rules of Court.