Title
Cruz vs. Court of Appeals
Case
G.R. No. L-58671
Decision Date
Nov 22, 1985
Eduvigis Cruz donated property to grandnieces, later adopted a minor, and sought revocation under Article 760. SC ruled revocation invalid as legitime of adopted child was not impaired.
Font Size:

Case Digest (G.R. No. L-58671)

Facts:

Parties Involved:

  • Petitioner: Eduvigis J. Cruz, a childless widow.
  • Respondents: Teresita, Lydia, and Cecilia De Leon, grandnieces of Eduvigis Cruz.

Background of the Case:

  1. Donation of Property: In 1973, Eduvigis Cruz donated a 235.5 sq.m. residential lot in San Isidro, Taytay, Rizal, along with a two-door apartment erected on it, to her grandnieces (respondents) through a deed entitled "Kasulatan Sa Kaloobpala." The property was transferred to the names of the respondents.

  2. Adoption of a Minor: In 1974, Eduvigis Cruz judicially adopted Cresencia Ocreto, a minor.

  3. Attempt to Revoke Donation: After the adoption, Eduvigis attempted to revoke the donation extrajudicially, but the donees resisted, arguing:

    • The donated property was co-owned by Eduvigis and her late brother, Maximo Cruz (grandfather of the respondents), meaning the respondents already owned half by inheritance.
    • Eduvigis owned another property, a two-hectare agricultural land in Barrio Dolores, Taytay, Rizal, so the donation did not impair the legitime of the adopted child.
  4. Filing of Complaint: In 1975, Eduvigis filed a complaint in the Court of First Instance of Rizal (Civil Case No. 21049) for revocation of the donation, citing Article 760, paragraph 3 of the New Civil Code, which allows revocation if the donor subsequently adopts a minor child.

Issue:

  1. Whether the donation should be revoked under Article 760 of the Civil Code due to the subsequent adoption of a minor child.
  2. Whether the donation impaired the legitime of the adopted child.
  3. Whether the trial court and the Court of Appeals correctly interpreted and applied Articles 760 and 761 of the Civil Code.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.