GESTOPA V. CA

342 SCRA 105

FACTS:

Spouses Gestopa previously issued a deed of donation mortis cause in favor of Mercedes but subsequently, they issued another deed, now inter vivos, still in favor of Mercedes. Mercedes now seeks the donated property but the Gestopas claimed that she isn’t entitled to such, the donation being mortis causa.

HELD:

The existence of an acceptance clause in the deed shows that the donation is of inter vivos. There is no acceptance needed when it comes to donations mortis causa.