Thursday, December 10, 2020

Heirs of Velasquez v. Court of Appeals [G. R. No. 126996] Case Digest

 

Heirs of Velasquez v. Court of Appeals

G. R. No. 126996

 

Facts:

Spouses Leoncia de Guzman and Cornelio Aquino died intestate were childless. Leoncia de Guzman was survived by her sisters Anatalia de Guzman (mother of the plaintiffs) and Tranquilina de Guzman (grandmother of the defendants). The heirs of Anatalia de Guzman all surnamed Meneses [Respondent herein] filed a complaint for annulment, partition and damages against the heirs of Cesario Velasquez (son of Tranquilina de Guzman) for the latters' refusal to partition the above-mentioned conjugal properties of the Spouses Aquino.

The complaint alleged that Leoncia de Guzman stated that documents of donation and partition which she and her husband earlier executed were not signed by them as it was not their intention to give away all the properties to Cesario Velasquez because Anatalia de Guzman who is one of her sisters had several children to support.

Defendants [Petitioners herein] filed their Amended Answer with counterclaim alleging among others that during the lifetime of spouses Aquino had already disposed of their properties in favor of petitioners' predecessors-in-interest, by virtue of Donation Propter Nuptias to defendants parents Cesario Velasquez and Camila de Guzman and other evidences.

RTC rendered in favor of the respondent herein. CA affirmed RCT's decision.

 

Issue:

Whether or not the allegation that the Aquino spouses did not intend to give away all their properties since Anatalia (Leoncia's sister) had several children to support is a ground for the revocation of donation.

 

Held:

No.

 

Ratio:

A donation as a mode of acquiring ownership results in an effective transfer of title over the property from the donor to the donee and the donation is perfected from the moment the donor knows of the acceptance by the donee. And once a donation is accepted, the donee becomes the absolute owner of the property donated. The donation of the first parcel made by the Aquino spouses to petitioners Jose and Anastacia Velasquez who were then nineteen (19) and ten (10) years old respectively was accepted through their father Cesario Velasquez, and the acceptance was incorporated in the body of the same deed of donation and made part of it, and was signed by the donor and the acceptor. Legally speaking there was delivery and acceptance of the deed, and the donation existed perfectly and irrevocably. The donation inter vivos may be revoked only for the reasons provided in Articles 760, 764 and 765 of the Civil Code. The donation propter nuptias in favor of Cesario Velasquez and Camila de Guzman over the third and sixth parcels including a portion of the second parcel became the properties of the spouses Velasquez since 1919. The deed of donation propter nuptias can be revoked by the non-performance of the marriage and the other causes mentioned in article 86 of the Family Code. The alleged reason for the repudiation of the deed, i.e., that the Aquino spouses did not intend to give away all their properties since Anatalia (Leoncia's sister) had several children to support is not one of the grounds for revocation of donation either inter vivos or propter nuptias, although the donation might be inofficious.

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