Pacio vs.

Billon

Facts:
Flaviano Pacio married Severa Jucutan sometime in 1901. Flaviano and Severa were blessed with children.
In 1930, Severa died and thereafter Flaviano married again to a certain Toribia Fontanilla. Flaviano and
Toribia also had children. Flaviano died in 1951.

This case is a dispute concerning the rights to the two parcels of land which according to Toribia (second
wife) and her children were allegedly retained by Severas (first wife) children without any right thereto.
The litigants agreed to a partition of the first parcel and the court so decreed. However, as to the second
parcel a hearing was held and it was awarded to Severas children on the ground that it has been donated
propter nuptias to Severa by Flaviano before their marriage in 1901.

Toribia and her children contend that the donation was void because it was not made in a public
instrument as according to Art. 633 of the Spanish Civil Code In order that a donation of real property be
valid it must be made in a public instrument.... The trial court however said that a donation propter
nuptias in order to be valid between the donor and done, need not be embodied in a public instrument as
this formality is only necessary for registration purposes.

Issue:
1. Whether or not the donation is void for having been made in a private instrument.
2. Whether or not the deed of donation constituted a title base on acquisitive prescription as Severa
possessed the land from 1901 to 1930.

Whether or not the land is the joint property of Flaviano Pacios children in the first and second marriage.

Held:
1. The donation was void and therefore has no effect. Art. 633 of the Spanish Civil Code specifically
states that donation of real property must be in a public instrument which is not so in this case. The trial
judge erred in holding the donation was proper for the reason that its being embodied in a public
instrument is a mere formality as such principle became effective only in the year 1950. It must be noted
that when the gift was made the law in effect was the Spanish Civil Code.

2. No. Both Flaviano and Severa held possession of the land from 1901 until the latters death
(remember there was no valid donation) and from 1933 Severas children together with Toribia and her
children shared the harvests equally. At any rate prescription by adverse possession cannot exist between
husband and wife .

Yes it is the joint property of his children in the first and second marriage (subject to the rights of his
surviving spouse Toribia). Flaviano Pacio continued to be the owner of the land as the donation had no
effect and there was no prescription.