Title
Alejandro vs. Geraldez
Case
G.R. No. L-33849
Decision Date
Aug 18, 1977
Dispute over Lot No. 2502 in Bulacan; 1949 deed deemed inter vivos, partitioning property between Angel and Andrea Diaz, excluding Alejandro intervenors. Attorney's fees denied.
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Case Digest (G.R. No. L-33849)

Facts:

Background of the Case

The case revolves around a dispute over Lot No. 2502 of the Lolomboy Friar Lands Estate, with an area of 5,678 square meters, located in Sta. Maria, Bulacan, and covered by Transfer Certificate of Title No. 7336. The controversy stems from a deed of donation executed on January 20, 1949, by the spouses Gabino Diaz and Severa Mendoza, along with their daughter-in-law Regina Fernando and their children Olimpia Diaz, Angel Diaz, and Andrea Diaz.

The 1949 Deed of Donation

The deed of donation covered eight lots owned by the Diaz spouses. Specifically, Lot No. 2502 was divided into two equal parts: the western half was donated to Angel Diaz, and the eastern half was donated to Andrea Diaz. The deed contained provisions stating that the donors retained management and ownership rights over the properties during their lifetime, but the donees would gain full ownership upon the donors' death.

Subsequent Events

  • Gabino Diaz died in 1962.
  • On October 20, 1964, Severa Mendoza, Andrea Diaz, and Angel Diaz executed another deed of donation, this time a "Donation Mortis Causa," over a portion of Lot No. 2377-A, which was part of the 1949 donation. Severa Mendoza donated her one-half share in Lot 2377-A-1 to Andrea Diaz, with the condition that Andrea would bear her funeral expenses.
  • Severa Mendoza died in 1964.
  • On May 12, 1970, Andrea Diaz filed a case for partition of Lots Nos. 2377-A and 2502 against Angel Diaz. Teodorico Alejandro (Olimpia Diaz's surviving spouse) and their children intervened, claiming a one-third share in Lot No. 2502 as intestate heirs of the Diaz spouses.

Lower Court Decision

The trial court ruled that the 1949 deed of donation was a donation mortis causa because ownership of the properties did not pass to the donees during the donors' lifetime but only upon their death. However, it upheld the division of Lot No. 2502 between Angel Diaz and Andrea Diaz, denying the Alejandro intervenors any share. The court also ordered Angel Diaz and the intervenors to pay attorney's fees to Andrea Diaz, which was later deleted upon reconsideration.

Issue:

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Ruling:

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Ratio:

  1. Nature of Donation Inter Vivos vs. Mortis Causa:

    • A donation inter vivos takes effect during the donor's lifetime, while a donation mortis causa takes effect upon the donor's death.
    • The 1949 deed of donation was inter vivos because:
      • The donors retained only management rights, not ownership, during their lifetime.
      • The donees' ownership was immediate and irrevocable, subject only to the donors' right to manage the properties until their death.
      • The reservation of one-third of Lot No. 2377 for the donors' support further indicated that the donation was inter vivos.
  2. Partition of Lot No. 2502:

    • The 1949 deed effectively partitioned Lot No. 2502 between Angel Diaz and Andrea Diaz, leaving no share for the Alejandro intervenors.
    • The Alejandro intervenors' claim as intestate heirs was unfounded, as the donation was valid and excluded them from the property.
  3. Attorney's Fees:

    • The Alejandro intervenors acted in good faith, and their close relationship to Andrea Diaz made it improper to award attorney's fees against them.

Conclusion:

The Supreme Court declared the 1949 deed of donation as a valid donation inter vivos, upheld the partition of Lot No. 2502 between Angel Diaz and Andrea Diaz, and affirmed the deletion of attorney's fees. The Alejandro intervenors were not entitled to any share in the disputed property.


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