Case #8 The nature of the donations as mortis causa was confirmed by the fact that the

donations did not contain any clear provision that intends to pass proprietary rights to
petitioners prior to Conchita's death.

CABATINGAN vs. HEIRS OF CORAZON CABATINGAN

G.R. No. 131953. June 5, 2002

FACTS:
1. Conchita Cabatingan, executed four (4) Deeds of Donation in favor of petitioners
upon the death of the donor and the same shall be rescinded in case the donee
predeceased the donor.
2. After Conchita's death, respondents, heirs of Conchita, filed an action before the
Regional Trial Court of Mandaue, seeking the annulment of the said four Deeds of
Donation. Respondents alleged, inter alia, that the documents were void for failing
to comply with the provisions of the Civil Code regarding formalities of wills and
testaments, considering that the Deeds were donation mortis causa. The RTC
favorably ruled for the respondents.
3. Petitioners insisted that the Deeds were inter vivos donations as they were made
by the late Conchita "in consideration of the love and affection of the donor" for
the donee, and there was nothing in the Deeds which indicate that the donations
were made in consideration of Conchita's death. Petitioners further alleged that
the stipulation on rescission in case petitioners die ahead of Conchita was a
resolutory condition that confirmed the nature of the donations as inter vivos.

ISSUE:
WON the donations made by Conchita were inter vivos.

RULING:
NO. The Supreme Court found petitioners' arguments bereft of merit. It held that
in a donation mortis causa, "the right of disposition is not transferred to the donee while
the donor is still alive." In the present case, the nature of the donations as mortis causa
was confirmed by the fact that the donations did not contain any clear provision that
intends to pass proprietary rights to petitioners prior to Conchita's death. The phrase "to
become effective upon the death of the DONOR" admits of no other interpretation but
that Conchita did not intend to transfer the ownership of the properties to petitioners
during her lifetime. That the donations were made "in consideration of the love and
affection of the donor" did not qualify the donations as inter vivos because transfers
mortis causa may also be made for the same reason. Considering that the disputed
donations were donations mortis causa, and the same partakes of testamentary
provisions, the Court held that the trial court did not commit any reversible error in
declaring the subject Deeds null and void for failure to comply with the requisites on
solemnities of wills and testaments under Articles 805 and 806 of the Civil Code.

HELD:
WHEREFORE, the petition is hereby DENIED for lack of merit.

SO ORDERED.