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NOCEDA V. CA

313 SCRA 504

FACTS:

Directo together with her nephew and another, extrajudicially partitioned the land donated to them. On the same date, she donated in favor of Noceda a part of her land. On her share of the land, she fenced it and constructed three huts therein. On a later date, Noceda removed the fence, entered the premises and used the three lots. Despite demands for him to vacate, he refused to do so, prompting Directo to file a case against him and revoke the donation made by her.

HELD:

The acts of Noceda are acts of usurpation which is an offense against the property of Directo and considered an act of ingratitude of a donee against a donor. The law doesn’t require conviction of the donee, it is enough that his offense is proved in the action for revocation.