Hypothetical Cases on Donation

1. A donated a parcel of land to B, an illegitimate daughter of his deceased wife

before their marriage. In the deed of donation, A expressly stipulated that B may
immediately take possession of the land and derive fruits therefrom with a further
condition not to sell or transfer the land for twenty years. After A’s death, B sold
the land to C. B died within the year after the sale. D, a sole heir of B realized
that the property had already been transferred in contravention of the conditions
of the will. D then filed an action for annulment of sale on the ground of the
violation of the conditions in the Deed. C filed a motion to dismiss on the ground
that D, being only an heir to B, does not have to the legal capacity to sue.
Assume you are the judge; how will you rule on the Motion to Dismiss?

2. Mr. X donated a parcel of land to Miss Y. The deed of donation is entitled

“Donation Inter Vivos”, notarized and Ms. Y accepted the donation is the same
instrument. The deed likewise states that Ms. Y can immediately take possession
and enjoy the fruits fully. However, Ms. Y cannot dispose of it especially while Mr.
X is alive, as the deed provides for a condition that only he (Mr. X) can dispose of
the property in his lifetime. Also, it further states that Ms. Y can only register the
donation after Mr. X’s death. Subsequently, Mr. X died and his widow, filed an
action to annul the donation contending that the donation is a mortis causa and
not inter-vivos. Assume, you are the judge, how will you decide.

3. Ms. D. executed a Deed of Donation to the unborn child of Mrs. P. in the amount
of P 1 million. Unfortunately, the child after birth survived for less than 24 hours.
Mrs. P. now wants to claim as heir to her unborn child. Ms. D. now contends that
the deed of donation did not become effective. Decide.

4. Fraternity member, Mr. A. donated a parcel of land, to their fraternity “Tau

Lambda Wee” with the condition that the fraternity will construct a fraternity
house therein and name the same in his honor. The donation was notarized and
the acceptance was in the same instrument. The Deed of Donation was not
registered with the Registry of Deeds. However, a purely commercial center was
constructed therein. Disappointed, Mr. A revoked the donation and demanded to
surrender the premises immediately. Under the circumstances, can Mr. A recover
possession of the property?

5. In 1950, Dr. Alba donated a parcel of land to Central University on condition that
the latter must establish a medical college on the land to be named after him. In
the year 2000, the heirs of Dr. Alba filed an action to annul the donation and for
the reconveyance of the property donated to them for the failure, after 50 years,
of the University to establish on the property a medical school named after their
father. The University opposed the action on the ground of prescription and also
because it had not used the property for some purpose other than that stated in
the donation. Should the opposition of the University to the action of Dr. Alba’s
heirs be sustained? Explain.

6. In year 2010, Mr. S donated a parcel of land to Mr. P. who personally handed to
him the deed of donation in a document duly acknowledged before the notary
public. Mr. P. received it. A few days after, Mr. S. rode a plane on his way to
Hongkong. Unfortunately, the plane crashed and Mr. S. died. Upon learning of
Mr. S’s death, Mr. P. executed a deed acknowledging before the notary public
that he accepts the donation to him by Mr. S. Has the donation become
operative? Explain your answer.