Cruz vs CA [G.R. No. L-58671] Case Digest

 

Cruz vs CA

G.R. No.  L-58671

 

Facts:

Eduvigis J. Cruz, a childless widow, donated a 235.5 sq.m residential lot in San Isidro, Taytay Rizal together with the two-door apartment erected thereon to her grandnieces private respondents herein, in a deed of donation. The property was accordingly transferred to the names of private respondents.

Eduvigis Cruz judicially adopted Cresencia Ocreto, a minor, after which she extrajudicially tried to revoke the donation, but the donees resisted, alleging that he property in question was co-owned by Eduvigis Cruz and her brother. the late Maximo Cruz, grandfather of the donees, hence the latter own 1/2 of the property by inheritance. Petitioner filed a complaint against the donees for revocation of donation in the CFI Rizal.

Trial court rendered a decision revoking the donation. Court of Appeals reversed the trial court.

 

Issue:

Whether or not CA erred dismissed the complaint to annul the subject donation.

 

Held:

No.

 

Ratio:

In the case of the subsequent adoption of a minor by one who had previously donated some or all of his properties to another, the donor may sue for the annulment or reduction of the donation within four years from the date of adoption, if the donation impairs the legitime of the adopted, taking into account the whole estate of the donor at the time of the adoption of the child. Of course, the burden of proof is on the plaintiff-donor, who must allege and establish the requirements prescribed by law, on the basis of which annulment or reduction of the donation can be adjudged.

Unfortunately, in the case at bar, the complaint for annulment does not allege that the subject donation impairs the legitime of the adopted child. Indeed it contains no indication at all of the total assets of the donor.