Gestopa v.

CA digest
FACTS:
Spouses Diego and Catalina Danlag were the owners of six parcels of unregistered lands.
They executed three deeds of donation mortis causa in favor of private respondent Mercedes
Danlag-Pilapil (Diegos illegitimate child). All deeds contained the reservation of the rights
of the donors (1) to amend, cancel or revoke the donation during their lifetime, and (2) to
sell, mortgage, or encumber the properties donated during the donors' lifetime, if deemed
necessary.
Years later, Diego Danlag, with the consent of his wife, Catalina Danlag, executed a another
deed of donation inter vivos covering the aforementioned parcels of land and two others in
favor of Mercedes containing the two conditions, that (1) the Danlag spouses shall continue
to enjoy the fruits of the land during their lifetime, and that (2) the donee can not sell or
dispose of the land during the lifetime of the said spouses, without their prior consent and
approval.
Mercedes caused the transfer of the parcels' tax declaration to her name and paid the taxes on
them.
Subsequently, the Spouses Danlag sold 2 parcels to herein petitioners Spouses Gestopa, and
revoked the donation inter vivos covering the six parcels of land.
Mercedes filed with the RTC a petition against the Danlags and Gestopas for quieting of
title, stating that she had already obtained ownership over the six parcels of land.
Trial Court ruled in favor of Danlags and Gestopas, but CA reversed.
ISSUE:
Whether the (second) donation was inter vivos or mortis causa?
HELD:
It is a donation inter vivos. The Supreme Court held that it was a donation inter vivos for the
following reasons: (1) the granting clause of the deed showed that Diego donated the properties
out of love and affection for Mercedes; (2) the reservation clause in respect of the lifetime
usufruct indicated that Diego intended to transfer the naked ownership over the properties; (3)
Diego reserved sufficient properties for his maintenance in accordance with his standing in
society; and (4) Mercedes accepted the donation. A valid donation, once accepted, becomes
irrevocable, except on account of officiousness, failure by the donee to comply with the charges
imposed in the donation, or ingratitude, which were not invoked. As the donee, it is with
Mercedes who has the right to dispose of the properties.