Case Digest (G.R. No. 47068)
Facts:
Pedro Joya y Agustin Joya v. Pedro Tiongco, G.R. No. 47068, April 08, 1941, the Supreme Court, Horrilleno, M., writing for the Court. Petitioners Pedro Joya and Agustin Joya appealed to the Supreme Court from a decision of the Court of Appeals dated February 5, 1939, contesting whether a deed executed by Marcelina Joya on October 25, 1928, conveying a one-half pro indiviso interest in Lot No. 2347, Certificate of Title No. 6116, in their favor, was a donation mortis causa or an inter vivos donation.On October 25, 1928 Marcelina executed a public deed declaring that, in consideration of kinship and the donees’ recognition of her title and their delivery of possession, she ceded and transferred by way of donation to Pedro and Agustin “la mitad de dicho lote… debiendo entenderse que esta donacion surtira efecto tan solo despues de mi fallecimiento,” and the donation was legally accepted, registered in the Registry of Deeds of Cavite and annotated on the back of Certificate of Title No. 6116. At a later time, pursuant to an execution of judgment on September 16, 1931 in Civil Case No. 26 before the Justice of the Peace of Tanza, Cavite, said half interest was sold at public auction on November 21, 1931 to Jugo Area and a final certificate of sale was issued on March 21, 1934. Jugo Area subsequently reconveyed the property to Marcelina on July 6, 1934.
Thereafter Marcelina leased the property to respondent Pedro Tiongco for five years, and on October 7, 1935 she conveyed to him her right of possession and usufruct in consideration of P821.91 owed; on October 29, 1935 she acknowledged indebtedness of P1,250 and agreed that if she failed to pay within one year Tiongco would become owner. Marcelina died January 31, 1937 without payment. Meanwhile the original donation deed had been registered and annotated prior to Marcelina’s dealings with Tiongco. The trial court decla...(Subscriber-Only)
Issues:
- Is the donation executed by Marcelina Joya on October 25, 1928 a donation mortis causa or an inter vivos donation?
- If the donation is inter vivos, did ownership of the one-half pro indiviso pass to Pedro and Agustin Joya from the date of its execution and registration, thereby defeating subsequent transactions by Marcelina and claims...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)