G.R. No. 187056 - Del Rosario vs. Ferrer

On August 27, 1968, spouses Leopoldo and Guadalupe Gonzales executed a document entitled “Donation Mortis Causa” in favor of their two children (Asuncion and Emiliano) and granddaughter Jarabini, covering their 126-sqm lot and house in Pandacan, Manila.
Key provisions of the deed:

The donation is irrevocable and to be respected by the surviving spouse.
The donation shall not affect distribution of other properties.
A surviving spouse reserves the right, ownership, possession, and administration of the property, with the disposition to be effective upon the donors’ deaths.

The deed lacked an attestation clause and had only two witnesses (not the three required for a notarial will).
The named donees signed the document, indicating acceptance of the donation.

Guadalupe Gonzales died in September 1968.
On December 19, 1968, Leopoldo Gonzales executed a deed of assignment of his rights and interests in the property to daughter Asuncion.
Leopoldo died in June 1972.

In 1998, Jarabini filed a petition for probate of the August 27, 1968 deed before the RTC of Manila (Sp. Proc. 98-90589).
RTC Decision (June 20, 2003): Held the deed was an inter vivos donation (irrevocable, accepted, and immediately effective), rendering Leopoldo’s assignment void. Ordered registration of the property in equal shares to the donees.
CA Decision (December 23, 2008): Reversed the RTC, holding the deed was a mortis causa donation (collaterally attacking Leopoldo’s assignment disallowed; formal wills requirements unmet), thus void.