Case Digest (G.R. No. 111904)
Case Digest (G.R. No. 111904)
Facts:
Sps. Agripino Gestopa and Isabel Silario Gestopa v. Court of Appeals and Mercedes Danlag y Pilapil, G.R. No. 111904, October 05, 2000, Second Division, Quisumbing, J., writing for the Court. The petition under Rule 45 assails the Court of Appeals' August 31, 1993 decision (CA-G.R. CV No. 38266) that reversed the Regional Trial Court (RTC) of Cebu City, Branch 5.The material factual background is that spouses Diego and Catalina Danlag executed three deeds of donation mortis causa in 1965–1966 in favor of Mercedes Danlag-Pilapil (private respondent). On January 16, 1973 Diego (with Catalina's consent) executed a deed of donation in favor of Mercedes covering the same and two additional parcels; that instrument contained (a) a reservation that the donors would continue to enjoy the fruits of the land during their lifetimes, and (b) a prohibition that the donee could not sell or otherwise dispose of the lands during the donors' lifetime without their consent. Mercedes caused the tax declarations for the parcels to be transferred to her name and paid the taxes.
On June 28 and August 21, 1979 Diego and Catalina sold two parcels to petitioners Agripino and Isabel Gestopa, and on September 29, 1979 the Danlags executed a deed of revocation recapturing the six parcels allegedly donated by Diego. On March 1, 1983 Mercedes filed a petition in the RTC for quieting of title, alleging she was Diego's illegitimate daughter, that the 1973 instrument was a valid donation inter vivos accepted by her, and that Diego had no basis to revoke or to sell the parcels to the Gestopas.
The RTC (decision dated December 27, 1991) ruled for the defendants (the Danlags and the Gestopas), declared the donations revoked and the Danlags as absolute owners, and upheld several deeds of sale in favor of the Gestopas. Mercedes appealed to the Court of Appeals arguing, inter alia, that the 1973 donation was inter vivos, not mortis causa, that the revocation was invalid, and that she had been acknowledged as Diego's natural child. The Court of Appeals (August 31, 1993) reversed and rendered judgment declaring the 1973 deed a valid donation inter vivos, the revocation null and void, Mercedes the absolute owner of the six parcels, the subsequent deeds of sale invalid, and ordering reconveyance of parcels wrongly titled in petitioners' names. The Gestopas filed the present Rule 45 petition to review the Court of Appeals' decision.
Issues:
- Was the deed of donation dated January 16, 1973 a valid donation inter vivos (effective upon execution) or a donation mortis causa?
- If the 1973 donation was valid and accepted, was the 1979 deed of revocation valid to divest the donee?
- Were the subsequent deeds of sale by the donor to third parties (including the Gestopas) valid, or must they be declared void and reconveyed to the donee?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)