JUTIC V. CA

153 SCRA 269

FACTS:

Arsenio was the owner of two agricultural lands. During his lifetime, he executed an affidavit in favor of Melquiades, his brother, for one of the lots. The affidavit expressed his intention to bequeath to the latter the land. Despite this, Arsenio mortgaged the property, applied for a homestead patent—all in his right as an owner.

HELD:

Again, like the previous case, an intent to donate is not enough to effect a valid donation. There are formalities that needs to be complied with.