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Aluad V Aluad - Digest - Forms of Wills
Aluad V Aluad - Digest - Forms of Wills
FACTS:
Petitioners mother, Maria Aluad (Maria), and respondent Zenaido
Aluad were raised by the childless spouses Matilde Aluad (Matilde) and
Crispin Aluad (Crispin).Crispin was the owner of six lots identified as Lot
Nos. 674, 675, 676, 677, 680, and 682 of the Pilar Cadastre, Capiz. After
Crispin died, his wife Matilde adjudicated the lots to herself.
The trial court, by Decision of September 20, 1996, held that Matilde
could not have transmitted any right over Lot Nos. 674 and 676 to
respondent, she having previously alienated them to Maria via the Deed of
Donation.
ISSUE:
Whether or not the Deed of Donation is a donation mortis causa and
have complied with the formalities of a will.
RULING:
The Deed of Donation which is one of mortis causa. The donation
being then mortis causa, the formalities of a will should have been
observedbut they were not, as it was witnessed by only two, not three or
more witnesses following Article 805 of the Civil Code.Further, the
witnesses did not even sign the attestation clausethe execution of which
clause is a requirement separate from the subscription of the will and the
affixing of signatures on the left-hand margins of the pages of the will.