Case Summary (G.R. No. 185922)
Petitioners
Heirs of Dr. Mariano Favis, Sr. by his first marriage (seven children), contending that a 1994 inter vivos donation to their half-brother’s family prejudiced their legitime.
Respondents
Juana Gonzales (deceased), her son Mariano G. Favis, his spouse Larcelita D. Favis, and their children, who claim the donated properties are excluded from Dr. Favis’s estate because the Deed of Donation was valid and inter vivos.
Key Dates
- 1974: Dr. Favis marries Juana Gonzales, legitimating Mariano G. Favis.
- October 16, 1994: Execution of Deed of Donation in favor of respondents’ children.
- July 29, 1995: Dr. Favis dies intestate.
- November 14, 2005: RTC annuls the donation and recognizes all children, including Juana and Mariano, as compulsory heirs.
- April 10, 2008: CA dismisses petition for failure to allege compromise efforts under Family Code Article 151.
- January 7, 2009: CA denies reconsideration.
- January 15, 2014: Supreme Court issues final decision.
Applicable Law
1987 Philippine Constitution; Family Code Article 151 (compromise requirement for intra-family suits); Rules of Court Rule 16(1)(j) (motions to dismiss) and Rule 9 (court-initiated dismissals); Civil Code provisions on donation, legitime, and succession.
Facts
Dr. Favis, afflicted in his nineties with multiple serious illnesses, donated two properties to his grandchildren by Juana Gonzales. His children by the first marriage filed for annulment of the donation on grounds of vitiated consent and prejudice to their legitime. Respondents answered that the inter vivos donation did not form part of the estate.
Procedural History
The RTC limited issues to the donation’s validity and heirship status, found Dr. Favis lacked mental capacity in 1994, annulled the donation, and declared Juana and Mariano compulsory heirs. On appeal, the CA, motu proprio, dismissed the complaint for failure to allege earnest but failed efforts at family compromise, invoking Family Code Article 151 and Rule 16(1)(j). Petitioners sought Supreme Court review.
Issue
Whether the Court of Appeals properly dismissed the annulment complaint for failure to aver that earnest efforts toward compromise had been made, and whether the donation was valid.
Rationale
- Family Code Article 151’s compromise‐effort requirement is a condition precedent that must be raised by motion to dismiss under Rule 16(1)(j) before filing an answer. Failure to do so and failure to assign this as error waive the objection.
- Rule 9 limits motu proprio dismissals to lack of jurisdiction, litis pendentia, res judicata,
Case Syllabus (G.R. No. 185922)
Parties and Relationships
- Petitioners: Seven children of Dr. Mariano Favis, Sr. by his first wife, Capitolina Aguilar, represented by co-heirs and attorneys-in-fact Mercedes A. Favis and Nelly Favis-Villafuerte.
- Respondents: Juana Gonzales (second wife of Dr. Favis), her son Mariano G. Favis (legitimated upon marriage in 1974), and Mariano’s four minor children represented by their parents, Spouses Mariano G. Favis and Larcelita D. Favis.
- Deceased: Dr. Mariano Favis, Sr., who died intestate on 29 July 1995 at age 92.
Facts of the Case
- Marriage and Issue: Dr. Favis married Capitolina (d. 1944), siring seven children; later lived as common-law husband to Juana Gonzales and formally married her in 1974, legitimating their son Mariano.
- Properties Left: Five properties in Vigan, Ilocos Sur, including two residential lots, a commercial building, a house, and an orchard land.
- Health and Demise: From 1992 to 1995, Dr. Favis suffered kidney trouble, hiatal hernia, congestive heart failure, Parkinson’s disease, pneumonia, and died of cardiopulmonary arrest secondary to sepsis and pneumonia.
- Deed of Donation: On 16 October 1994, Dr. Favis executed a deed of donation conveying the residential lot on Bonifacio St. and its commercial building (Properties 1 & 2) to his grandchildren by Juana.
Procedural History
- RTC Filing: Petitioners filed for annulment of the 1994 Deed of Donation, inventory, liquidation, and partition before the Regional Trial Court (Branch 20, Vigan) against Juana, Spouses Mariano & Larcelita, and the grandchildren.
- Pre-Trial Order: Issues limited to (a) validity of the donation deed and (b) whether Juana and Mariano are compulsory heirs.
- RTC Decision (14 November 2005): Annulled the Deed of Donation for lack of donor’s capacity; declared Juana and Mariano as compulsory heirs; ordered intestate succession among all heirs in equal shares over specified estate properties.
- Appeal to Court of Appeals: Respondents challenged the annulment decision; CA dismissed petitioners’ complaint motu proprio for failure to allege earnest efforts at compromise under Article 151 of the Family Code.
- Petition for Review: Petitioners elevated the case to the Supreme