SPS AGRIPINO GESTOPA V CA

FACTS:

Spouses Danlag are the owners of 6 parcels of land. They executed 3 deeds of donation mortis causa
in favour of herein respondent Mercedes. All deeds contained the reservation of the rights of the
donors to (1) amend, cancel, or revoke the donation during their lifetime, and (2) to sell, mortgage
or encumber the properties donated during the donors’ lifetime if necessary.

7 years later, spouses Danlag executed a deed of donation inter vivos covering the same lots covered
by the previous donation plus 2 other parcels in favor of respondent Mercedes. It contains the
following conditions: (1) donor shall continue to enjoy the fruits of the land during their lifetime and
(2) done cannot sell or dispose of the land during the lifetime of the donor without their approval.

Subsequently, the spouses sold 2 of the parcels covered by the previous donation to herein
petitioners, spouses Gestopa. Spouses Danlag executed a deed of revocation recovering the 6
parcels of land previously donated to Mercedes.

Mercedes then filed with the RTC a petition against spouses Danlags and Gestopas for quieting of
title over the 6 parcels of land alleging that the second donation executed by the spouses Danlag in
her favour transferred the ownership over the same lands to her name.

Gestopa and spouses Danlags opposes contending that it was the intention of the latter for the
donation to be a donation mortis causa.

ISSSUE:

W/N The second donation was inter vivos or mortis causa?

This has to be resolved first in order to determine whether the donor intended to transfer the
ownership over the properties upon the execution of the deed.

RULING:

It was a donation inter vivos, therefor, ownership has transferred to the done (Mercedes).
The spouses were aware of the difference between the two donations, if they did not intend to
donate inter vivos, they would not again donate the four lots already donated 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.