REYES V. MOSQUEDA- Donation Inter Vivos

The nature of the disposition made is the determinative factor which makes the donation ― inter vivos or ― mortis causa and not the title given to a deed of donation.

FACTS:

Dr. Emilio Pascual died intestate and was survived by his sister Ursula Pascual and the children of his late sisters, herein petitioners Ruperto Reyes et. al. The heirs of Dr. Pascual filed Special Proceedings No. 73-30-M in the CFI for the administration of Pascual’s estate. Ursula then filed a motion to exclude some properties included alleging that these were donated to her in a donation mortis causa in 1966. This was granted by the CFI without prejudice to its final determination in a separate action. An appeal was made to the SC. The SC then issued a TRO enjoining the CFI from enforcing the order.

Among the properties donated to Ursula is lot 24 which was also donated in 1969 in a deed of donation inter vivos in favor of Ofelia Parungao who was then a minor at the time of the donation. When she reached the age of majority, she had the donation registered but found out that the certificate of title was missing so she filed a petition for reconstitution of title which was granted and she registered the donation and was issued a new TCT in her name.

Ursula then sold the lot in favor of the Reyes. Benjamin Reyes filed a complaint for declaration of nullity of Ofelia’s TCT which prompted Ofelia to file a petition for recovery of possession against Benjamin Reyes. The CFI issued a joint decision for the 2 cases ruling that Ofelia’s TCT was null and void. The IAC affirmed thus an appeal to the SC.

ISSUES:

(1) Whether or not the probate has jurisdiction to exclude properties donated to Ursula
(2) Whether or not the donation executed in favor of Ursula was a donation inter vivos

RULING:

(1) YES

It was stressed in the order of the probate court that it was without prejudice to the final determination in a separate action. It is well-settled that although a probate court cannot adjudicate or determine title to properties, it can determine whether or not the properties should be included in the inventory to be administered. Such determination is not conclusive and is subject to the final decision in a separate action.

(2) YES
Although the donation was entitled ―donations mortis causa it has been held that dispositions in a deed of donation do not depend on the title or term used in the deed of donation. It is the body of the document which should be considered in ascertaining the intention of the donor.

For a donation to be a donation mortis causa, the following characteristics should be present:
1. It conveys no title before the death of the transferor or the transferor retains ownership over the property
2. Before his death, the transfer should be revocable by the transferor at will
3. The transfer is void should the transferor survive the transferee

The following are not present in the case. The transfer of ownership was immediate and independent of the death of the donor. The provision stating that the donor has reserved sufficient properties for himself to maintain him for life confirms the intention of the donor to give naked ownership immediately after execution of the deed of donation.