Title
Aluad vs. Aluad
Case
G.R. No. 176943
Decision Date
Oct 17, 2008
Matilde donated six lots to Maria via a Deed of Donation, retaining ownership until her death. The donation was deemed mortis causa, void for lacking will formalities. Matilde sold Lot 676 to Zenaido and willed Lot 674 to him. Petitioners’ ownership claims were denied; Zenaido retained rights to Lot 676, and Lot 674’s transfer required probate.
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Case Digest (G.R. No. 176943)

Facts:

Background and Ownership of the Properties

  • Crispin Aluad owned six lots (Lot Nos. 674, 675, 676, 677, 680, and 682) in Pilar, Capiz.
  • After Crispin's death, his wife Matilde Aluad adjudicated the lots to herself.

Deed of Donation

  • On November 14, 1981, Matilde executed a "Deed of Donation of Real Property Inter Vivos" in favor of Maria Aluad (petitioners' mother), covering all six lots.
  • The Deed of Donation stated that the donation would take effect upon Matilde's death. It also provided that if Maria died before Matilde, the donation would be rescinded. Matilde retained the right to use, encumber, or dispose of the properties during her lifetime.

Subsequent Transactions

  • On September 30, 1986, Original Certificates of Title for Lot Nos. 674 and 676 were issued in Matilde's name.
  • On August 26, 1991, Matilde sold Lot No. 676 to respondent Zenaido Aluad via a Deed of Absolute Sale.
  • On January 14, 1992, Matilde executed a last will and testament, devising Lot Nos. 675, 677, 682, and 680 to Maria, and Lot No. 674 to Zenaido.

Deaths and Filing of the Complaint

  • Matilde died on January 25, 1994, and Maria died on September 24, 1994.
  • On August 21, 1995, Maria's heirs (petitioners) filed a complaint for declaration and recovery of ownership and possession of Lot Nos. 674 and 676, alleging that they had possessed the lots since 1978 and that Zenaido had unlawfully taken possession in 1991.

Trial Court Decision

  • The Regional Trial Court (RTC) ruled in favor of petitioners, declaring them the rightful owners of Lot Nos. 674 and 676, ordering Zenaido to deliver possession and pay damages.

Court of Appeals Decision

  • The Court of Appeals reversed the RTC decision, holding that the Deed of Donation was a donation mortis causa, not inter vivos, and thus void for failing to comply with the formalities of a will. It declared Zenaido the rightful owner of Lot No. 676 but did not rule on Lot No. 674, as Matilde's will had not been probated.

Issue:

  1. Whether the Deed of Donation was a donation inter vivos or mortis causa.
  2. Whether Zenaido is the rightful owner of Lot No. 676 based on the Deed of Sale executed by Matilde.
  3. Whether petitioners are the rightful owners of Lot No. 674.
  4. Whether the issuance of a writ of execution pending appeal was proper.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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