Del Rosario v.

Ferrer 20 Sept 2010

FACTS: (Doctrine: Irrevocability of the donation is the standard that identifies the donation as inter vivos. It is a quality absolutely incompatible with the idea of conveyances mortis causa.) Spouses A and B executed a document entitled Donation ortis !ausa" in favor of their # children ! and D$ and their %randdau%hter &. 'he Deed of Donation stated that$ it is our will that this donation mortis causa shall be irreovocable and shall be respected by the survivin% spouse." Althou%h denominated as a donation mortis causa$ which in law is equivalent to a will$ the deed has no attestation clause and was witnessed only by two persons. Before the death of donor A$ he executed a deed of assi%nment of his ri%hts and interest in the sub(ect property to their dau%hter !. subsequently$ %randdau%hter & filed a petition for the probate of the deed of donation mortis causa in the )'!. ! opposed the petition$ invo*in% A+s assi%nment of his ri%hts to her. Decision was rendered by the )'!$ orderin% the re%istration of the property in the name of the donees in equal shares. 'he court ruled that the donation was one made inter vivos$ thus the assi%nment of A of his

ri%hts was void. !A reversed the decision of the )'! and ruled that the donation$ bein% one %iven mortis causa$ did not comply with the requirements of a notarial will$ renderin% the same void. ISSUE: ,hether or not the donation of spouses A and B to their children ! and D and %randdau%hter & was a donation mortis causa$ as it was denominated$ or in fact a donation inter vivos.

DECISION: 'he fact that the document in question was denominated as a Donation mortis causa" is not controllin% if a donation by its terms is inter vivos. Irrevocability of the donation is the standard that identifies the donation as inter vivos. It is a quality absolutely incompatible with the idea of conveyances mortis causa. In the case at bar$ donors A and B intended to ma*e the donation irrevocable$ as stated in the provisions of the Deed. 'hus$ the donation was on reality inter vivos. 'hus$ %iven that the donation was indeed inter vivos$ A+s subsequent assi%nment of his ri%hts and interests in the property to ! is void. ADDITIONAL DOCTRINE

A donation mortis causa has the followin% characteristics.. It conveys no title or ownership to the transferee before the death of the transferor/ or$ what amounts to the same thin%$ that the transferor should retain the ownership (full or na*ed0 and control of the property while alive/ #. 'hat 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 1. 'hat the transfer should be void if the transferor should survive the transferee.