CASE 185: MAGLASANG VS. HEIRS OF CORAZON CABATINGAN, G.R. NO.

 131953. JUNE 5, (2) That before his death, the transfer should be revocable by the transferor at will, ad
2002. nutum; but revocability may be provided for indirectly by means of a reserved power in the
donor to dispose of the properties conveyed;
Facts: On February 17, 1992, Conchita Cabatingan executed in favor of her brother, (3) That the transfer should be void if the transferor should survive the transferee. 
petitioner Nicolas Cabatingan, a "Deed of Conditional of Donation Inter Vivos for House and
Lot" covering one-half (1/2) portion of her house and lot located at Cot-cot, Liloan, Cebu.  Issue: whether the donations made by the late Conchita Cabatingan are donations inter
Four (4) other deeds of donation were subsequently executed by Conchita Cabatingan on vivos or mortis causa. 
January 14, 1995, bestowing upon:
(a) petitioner Estela C. Maglasang, two (2) parcels of land — one located in Cogon, Cebu SC Ruling (reiterated CA):
and the other, a portion of a parcel of land in Masbate;
(b) petitioner Nicolas Cabatingan, a portion of a parcel of land located in Masbate; and In the present case, the nature of the donations as mortis causa is confirmed by the fact
(c) petitioner Merly S. Cabatingan, a portion of the Masbate property (80,000 sq. m.).  that the donations do not contain any clear provision that intends to pass proprietary
rights to petitioners prior to Cabatingan's death.  The phrase "to become effective upon
These deeds of donation contain similar provisions: the death of the DONOR" admits of no other interpretation but that Cabatingan did not
"That for and in consideration of the love and affection of the DONOR for the DONEE, . . . intend to transfer the ownership of the properties to petitioners during her lifetime.
the DONOR does hereby, by these presents, transfer, convey, by way of donation, unto the Petitioners themselves expressly confirmed the donations as mortis causa in their
DONEE the above-described property, together with the buildings and all improvements Acceptance and Attestation clauses.
existing thereon, to become effective upon the death of the DONOR; PROVIDED,
HOWEVER, that in the event that the DONEE should die before the DONOR, the present That the donations were made "in consideration of the love and affection of the donor"
donation shall be deemed automatically rescinded and of no further force and effect; . . ."  does not qualify the donations as inter vivos because transfers mortis causamay also be
made for the same reason.
On May 9, 1995, Conchita Cabatingan died. Her heirs filed with the RTC Mandaue an action
for Annulment And/Or Declaration of Nullity of Deeds of Donations and Accounting seeking
As the donation is in the nature of a mortis causa disposition, the formalities of a will
the annulment of said four (4) deeds of donation executed on January 14, 1995.
should have been complied with under Article 728 of the Civil Code, otherwise, the
donation is void and would produce no effect. If the donation is made in contemplation of
They said that petitioners (or ang donees) through their sinister machinations and
the donor's death, meaning that the full or naked ownership of the donated properties will
strategies and taking advantage of Conchita Cabatingan's fragile condition, caused the
pass to the donee because of the donor's death, then it is at that time that the donation
execution of the deeds of donation, and, that the documents are void for failing to comply
takes effect, and it is a donation mortis causa which should be embodied in a last will and
with the provisions of the Civil Code regarding formalities of wills and testaments,
testament.
considering that these are donations mortis causa.
The herein subject deeds expressly provide that the donation shall be rescinded in case
Said RTC declared four deeds of donation null and void ab ignition for being donations
petitioners predecease Conchita Cabatingan. One of the decisive characteristics of a
Mortis Causa and for failure to comply with formal and solemn requisite under Art. 806 of
donation mortis causa is that the transfer should be considered void if the donor should
the New Civil Code and declared the plaintiffs and defendants (kay kamag-anak lang man
survive the donee. This is exactly what Cabatingan provided for in her donations. If she
talaga sila) as well as unwilling co-plaintiff as the heirs of the deceased Conchita
really intended that the donation should take effect during her lifetime and that the
Cabatingan and therefore hereditary co-owners of the properties.
ownership of the properties donated be transferred to the donee or independently of,
and not by reason of her death, she would have not expressed such proviso in the subject
Petitioners insist, in their petition to CA, that the donations are inter vivos donations as
deeds.
these were made by the late Conchita Cabatingan "in consideration of the love and
affection of the donor" for the donee, and there is nothing in the deeds which indicate that
Considering that the disputed donations are donations mortis causa, the same partake of
the donations were made in consideration of Cabatingan's death. In addition, petitioners
the nature of testamentary provisions 21 and as such, said deeds must be executed in
contend that the stipulation on rescission in case petitioners die ahead of Cabatingan is a
accordance with the requisites on solemnities of wills and testaments under Articles 805
resolutory condition that confirms the nature of the donation as inter vivos.
and 806 of the Civil Code
CA did not agree to them. In determining whether a donation is one of mortis causa, the
The deeds in question although acknowledged before a notary public of the donor and the
following characteristics must be taken into account:
donee, the documents were not executed in the manner provided for under the provisions
(1) It conveys no title or ownership to the transferee before the death of the transferor; or
of law.
what amounts to the same thing, that the transferor should retain the ownership (full or
naked) and control of the property while alive;
Subject deeds of donation are declared null and void.