Calanasan v. Spouses Dolorito, G.R. No. 171937

 

Calanasan v. Spouses Dolorito,

G.R. No. 171937

 

Facts:

Cerila Calanasan took care of her orphan niece, respondent Evelyn C. Dolorita, since the latter was a child. In 1982, when Evelyn was already married to respondent Virgilio Dolorito, the petitioner donated to Evelyn a parcel of land which had earlier been mortgaged. The donation was conditional. Evelyn signified her acceptance of the donation and its terms in the same deed. Evelyn redeemed the property, had the title of the land transferred to her name, and granted the petitioner usufructuary rights over the donated land.

Petitioner complained with the RTC that Evelyn had committed acts of ingratitude against her. She prayed that her donation in favor of her niece be revoked; in their answer, the respondents denied the commission of any act of ingratitude. RTC dismissed the complaint.  CA affirmed the RTC ruling but on a different legal ground.

 

Issue:

Whether or not the act of Evelyn’s husband constitute an act of ingratitude that served as revocation to the donation.

 

Held:

No.

 

Ratio:

SC agree with the CA that since the donation imposed on the donee the burden of redeeming the property for ₱15,000.00, the donation was onerous. As an endowment for a valuable consideration, it partakes of the nature of an ordinary contract; hence, the rules of contract will govern and Article 765 of the New Civil Code finds no application with respect to the onerous portion of the donation.

First, the ungrateful acts were committed not by the donee; it was her husband who committed them. Second, the ungrateful acts were perpetrated not against the donor; it was the petitioner's sister who received the alleged ill treatments.