SICAD V. CA

294 SCRA 183

FACTS:

Aurora executed a deed entitled donation inter vivos in favor of her grandchildren. There was reservation of right of disposition in her favor and the property may not be disposed of after 10 years from her death. Thereafter, the title were registered in the donee’s name yet the owner’s duplicate is with Aurora. Thereafter, the grandchildren sold the land to Sicad and Aurora sought to reinstate TCT in her name.

HELD:

If there is reservation of disposition with donor, then the donation is of mortis causa and not inter vivos. A document is what the law defines it to be and not what the parties call it.