GR 3215; (January, 1907) (Digest)
FACTS
– Plaintiff‑appellant Nemesio Camagay claimed ownership of a parcel of land, asserting it was received as a gift propter nuptias from Juan Sangalang during Sangalang’s lifetime.
– The sole proof offered was a private document signed by Juan Sangalang and Domingo Camagay (dated 23 April 1904, San Jacinto) listing various real and personal properties. The document bore the heading: “Relacion de los bienes donados por Nemesio Camagay a su novia Emerenciana Catalina Fernandez…” and contained no formal conveyance clause.
ISSUE
Whether a private document suffices to validate a gift propter nuptias of real property, or whether the gift must be evidenced by a public instrument as required by the Civil Code.
RULING
– Article 1328 of the Civil Code subjects gifts propter nuptias to the rules of Title 2, Book 3.
– Article 633 of the same title mandates that a gift of real property be reduced to a public document to be valid.
– The instrument presented was a private document, thus failed to comply with Article 633 and conveyed no title to the plaintiff.
– The Court of Appeals’ judgment affirming the defendant’s title is affirmed. Costs are awarded to the appellee. The decision becomes final after the statutory period, and the case is remanded for further proper action.