Del Rosario v.

Ferrer
20 Sept 2010
FACTS: (Doctrine: Irrevocability
of the donation is the standard that
identifies the donation as inter
vivos. It is a quality absolutely
incompatible with the idea of
conveyances mortis causa.)
Spouses A and B executed a
document entitled Donation ortis
!ausa" in favor of their # children
! and D$ and their %randdau%hter
&. 'he Deed of Donation stated
that$ it is our will that this
donation mortis causa shall be
irreovocable and shall be respected
by the survivin% spouse."
Althou%h denominated as a
donation mortis causa$ which in
law is equivalent to a will$ the deed
has no attestation clause and was
witnessed only by two persons.
Before the death of donor A$ he
executed a deed of assi%nment of
his ri%hts and interest in the
sub(ect property to their dau%hter
!. subsequently$ %randdau%hter &
filed a petition for the probate of
the deed of donation mortis causa
in the )'!. ! opposed the petition$
invo*in% A+s assi%nment of his
ri%hts to her. Decision was
rendered by the )'!$ orderin% the
re%istration of the property in the
name of the donees in equal
shares. 'he court ruled that the
donation was one made inter vivos$
thus the assi%nment of A of his
ri%hts was void. !A reversed the
decision of the )'! and ruled that
the donation$ bein% one
%iven mortis causa$ did not comply
with the requirements of a notarial
will$ renderin% the same void.
ISSUE:
,hether or not the donation of
spouses A and B to their children !
and D and %randdau%hter & was a
donation mortis causa$ as it was
denominated$ or in fact a
donation inter vivos.
DECISION:
'he fact that the document in
question was denominated as a
Donation mortis causa" is not
controllin% if a donation by its
terms is inter vivos. Irrevocability
of the donation is the standard that
identifies the donation as inter
vivos. It is a quality absolutely
incompatible with the idea of
conveyances mortis causa.
In the case at bar$ donors A and B
intended to ma*e the donation
irrevocable$ as stated in the
provisions of the Deed. 'hus$ the
donation was on reality inter vivos.
'hus$ %iven that the donation was
indeed inter vivos$ A+s subsequent
assi%nment of his ri%hts and
interests in the property to ! is
void.
ADDITIONAL DOCTRINE
A donation mortis causa has the
followin% characteristics-
.. It conveys no title or
ownership to the transferee before
the death of the transferor/ or$
what amounts to the same thin%$
that the transferor should retain
the ownership (full or na*ed0 and
control of the property while alive/
#. 'hat before his death$ the
transfer should be revocable by the
transferor at will$ ad nutum/ but
revocability may be provided for
indirectly by means of a reserved
power in the donor to dispose of
the properties conveyed/ and
1. 'hat the transfer should be void
if the transferor should survive the
transferee.