Case Digest (G.R. No. L-8327)
Facts:
Antonina Cuevas v. Crispulo Cuevas, G.R. No. L-8327, December 14, 1955, the Supreme Court En Banc, Reyes, J., writing for the Court.Plaintiff-appellant Antonina Cuevas executed on September 18, 1950 a notarized instrument titled "Donacion Mortis Causa" (Exhibit A) conveying the northern half of an unregistered parcel in barrio Sinasajan, Peñaranda, Nueva Ecija, and the instrument contained the acceptance of Crispulo Cuevas. On May 26, 1952 Antonina executed a notarial instrument titled "Revocacion de Donacion Mortis Causa" (Exhibit B) purporting to revoke the earlier conveyance, and on August 26, 1952 she sued in the Court of First Instance to recover the land.
Antonina's complaint alleged two alternative grounds: (1) that the instrument was a disposition mortis causa which she lawfully revoked during her lifetime; and (2) that if the instrument was a donation inter vivos it was nevertheless void because (a) there was no valid acceptance by the donee, (b) the donor failed to reserve sufficient property for her maintenance, and (c) the donee was guilty of ingratitude by refusing to support the donor.
Following joinder of issues and trial, the Court of First Instance denied Antonina's recovery. The appellant appealed. The Court of Appeals forwarded the case to the Supreme Court becau...(Subscriber-Only)
Issues:
- Was Exhibit A a donation inter vivos or a disposition mortis causa?
- If Exhibit A is a donation inter vivos, was there a sufficient acceptance by the donee?
- Did the donor fail to reserve sufficient property for her own maintenance so as to render the donation void?
- Was the donee guilty of ingratitude so ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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