MAGLASANG VS. HEIRS OF CORAZON CABATINGAN, 383 SCRA 6- Donation Mortis Causa

In a donation mortis causa, the right of disposition is not transferred to the donee while the donor is still alive.

FACTS:

On February 1992, Conchita Cabatingan executed in favor of her brother, Nicolas Cabatingan, a "Deed of Conditional of Donation Inter Vivos for House and Lot." Four (4) other deeds of donation were subsequently executed by Conchita Cabatingan on January 1995, bestowing upon: (a) petitioner Estela C. Maglasang, two (2) parcels of land;(b) Nicolas Cabatingan, a portion of a parcel of land; and (c) Merly S. Cabatingan, a portion of land.These deeds of donation contain similar provisions, to wit:
"That for and in consideration of the love and affection of the DONOR for the DONEE, x x x the DONOR does hereby, by these presents, transfer, convey, by way of donation, unto the DONEE the above-described property, together with the buildings and all improvements existing thereon, to become effective upon the death of the DONOR; PROVIDED, HOWEVER, that in the event that the DONEE should die before the DONOR, the present donation shall be deemed automatically rescinded and of no further force and effect; x x x"3 (Emphasis Ours)

On May 1995, Conchita Cabatingan died.

Upon learning of the existence of the foregoing donations, respondents (Heirs of Corazon Cabatingan) filed an action for Annulment And/Or Declaration of Nullity of Deeds of Donations and Accounting, seeking the annulment of said four (4) deeds of donation executed. Heirs allege, inter alia, that petitioners, fraudulently caused the donations and that the documents are void for failing to comply with the provisions of the Civil Code regarding formalities of wills and testaments, considering that these are donations mortis causa.

RTC ruled that the donation was mortis causa thus void for not following the requisite forms.

ISSUE: Whether or not the donation was mortis causa?

HELD: Mortis Causa.

In a donation mortis causa, "the right of disposition is not transferred to the donee while the donor is still alive." In determining whether a donation is one of mortis causa, the following characteristics must be taken into account:

(1) It conveys no title or ownership to the transferee before the death of the transferor; or what amounts to the same thing, that the transferor should retain the ownership (full or naked) and control of the property while alive;

(2) That before his death, the transfer should be revocable by the transferor at will, ad nutum; but revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed;
And

(3) That the transfer should be void if the transferor should survive the transferee.
In the present case, the nature of the donations as mortis causa is confirmed by the fact that the donations do not contain any clear provision that intends to pass proprietary rights to petitioners prior to Cabatingan's death. The phrase "to become effective upon the death of the DONOR" admits of no other interpretation but that Cabatingan did not intend to transfer the ownership of the properties to petitioners during her lifetime.

For a donation mortis causa to be valid it must conform with the following requisites:
ART. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.

The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon which the will is written , and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.
ART. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court. (n)