GESTOPA VS.

CA FACTS- Acceptance in Donation

Acceptance is a mark that the donation is inter vivos. Donations mortis causa, being in
the form of a will, are not required to be accepted by the donee during the donor’s
lifetime.

FACTS:

Spouses Danlag own six parcels of land. To four parcels of land, they executed a
donation mortis causa in favor of respondent Mercedes Danlag-Pilapil, reserving
donor's rights to amend, cancel, or revoke the donation and to sell or encumber such
properties. Years later, they executed another donation, this time inter vivos, to six
parcels of land in favor of respondents, reserving their rights to the fruits of the land
during their lifetime and for prohibiting the donee to sell or dispose the properties
donated. Subsequently, the spouses sold 2 parcels to herein petitioners, spouses
Gestopa, and eventually revoking the donation. Respondent filed a petition to quiet title,
stating that she had already become the owner of the parcels of land. Trial Court ruled
in favor of petitioners, but CA reversed.

ISSUE:

Whether the (second) donation was inter vivos or mortis causa

RULING:

It was donation inter vivos. The spouses were aware of the difference between the two
donations, and that they needed to execute another deed of donation inter vivos, since
it has a different application to a donation mortis causa. Also, the court stated four
reasons to the matter: (1) that the spouses donated the parcels of land out of love and
affection, a clear indication of a donation inter vivos; (2) the reservation of a lifetime
usufruct; (3) reservation of sufficient properties for maintenance that shows the intention
to part with their six lot; and (4) respondent's acceptance, contained in the deed of
donation. Once a deed of donation has been accepted, it cannot be revoked, except for
officiousness or ingratitude, which the spouses failed to invoke.