REYES VS MOSQUEDA 187 SCRA 661

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 Pascuals 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 Ofelias 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 Ofelias 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.