CRUZ VS. CA- Revocation of Donation

Although in the case of the subsequent adoption of a minor by one who had previously donated some or all of his properties to another, the donor may sue for the annulment or reduction of the donation within four years from the date of adoption, he may only do so if the donation impairs the legitime of the adopted, taking into account the whole estate of the donor at the time of the adoption of the child.

FACTS:

Eduvigis J. Cruz, a childless widow, donated a residential lot together with the two-door apartment erected thereon to her grandnieces private respondents herein. Later, Eduvigis Cruz judicially adopted Cresencia Ocreto, a minor, after which she extrajudicially tried to revoke the donation, but the donees resisted.

ISSUE:

Whether or not the donation may be revoked in this case despite the fact that the donor had sufficient property left with her.

RULING: No.

Although in the case of the subsequent adoption of a minor by one who had previously donated some or all of his properties to another, the donor may sue for the annulment or reduction of the donation within four years from the date of adoption, he may only do so if the donation impairs the legitime of the adopted, taking into account the whole estate of the donor at the time of the adoption of the child. (Civil Code, Articles 760, 761 and 763). Of course, the burden of proof is on the plaintiff-donor, who must allege and establish the requirements prescribed by law, on the basis of which annulment or reduction of the donation can be adjudged.

Unfortunately, in the case at bar, the complaint for annulment does not allege that the subject donation impairs the legitime of the adopted child. Indeed it contains no indication at all of the total assets of the donor.

Nor is there proof of impairment of legitime. On the contrary, there is unrebutted evidence that the donor has another piece of land (27,342 sq. m.) situated in Dolores, Taytay, Rizal worth P273,420.00 in 1977, although then subject to litigation.

The legal situation of petitioner-donor, as plaintiff, is made worse by the factual finding of the Court of Appeals that the grandfather of the donees was the owner pro indiviso of one-half of the donated land, the effect of which is to reduce the value of the donation which can then more easily be taken from the portion of the estate within the free disposal of petitioner.