Maglasang Vs Cabatingan

Maglasang vs Cabatingan
Facts
Conchita Cabatingan executed 5 deeds of conditional donation in favor

of the following persons
o Her brother, Nicolas Cabatingan
o Petitioner Estela Maglasang
o Merly Cabatingan
Provided in the said donation are the following
o Donation for and in consideration of the love and affection of the
donor to the donee
o Donation to become effective upon the death of the donor
o That in the event that the donee should die before the donor,
the donation shall be deemed automatically rescinded and of no
further force and effect
Conchita Cabatingan then died and her heirs, upon learning about the
existence of the donations, filed before the RTC an action for
Annulment and/or declaration of nullity of deeds of donation and
accounting
o The heirs allege the following:
donations were made through sinister machinations and
strategies and taking advantage of Conchitas fragile
condition
the documents are void for failing to comply with the
provisions of the Civil Code regarding formalities of wills
and testaments considering that the donations are mortis
causa
o Petitioners Maglasang, on the other hand, contend that
Conchita freely, knowingly and voluntarily caused the
preparation of the instruments
Are donations inter vivos as they were made in
consideration of love and affection, and not of death
That the stipulation on rescission in case they die ahead
of Conchita is a resolutory condition that confirms the
nature of donation inter vivos
RTC decided in favor of the heirs
o Donations are mortis causa and therefore null and void for
failure to comply with the requisites of Art. 806 on solemnities of
wills and testaments
Issue: WON the donations are mortis causa (Yes)

Ratio:
Donation mortis causa

o The right of disposition is not transferred to the donee while the
donor is still alive
Characteristics
It conveys no title or ownership to the transferee before
the death of the transferor; or what amounts to the same
thing, that the transferor should retain the ownership (full
or naked) and control of the property while alive
That 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
That the transfer should be void if the transferor should
survive the transferee
Case at bar, the following are indications of donation mortis causa
o That the donations do not contain any clear provision that
intends to pass proprietary rights to Maglasangs prior to
Conchitas death
o The phrase to become effective upon the death of the donor
admits of no other interpretation but that Cabatingan did not
intend to transfer the ownership of the properties to Maglasangs
during her lifetime
o Maglasangs expressly confirmed the donations as mortis causa
in their acceptance and attestation clauses
o Expressly provided that the donations shall be rescinded in case
donees predecease Conchita
That the donations were made in consideration of love and affection of
the donor do not qualify the donations as inter vivos because transfers
mortis causa may also be made for the same reason
In contemplation of death - meaning
o That the full or naked ownership of the donated properties will
pass to the donee because of the donors death
Form of donation mortis causa
o Should partake of the nature of testamentary provisions
o Must be executed in accordance with the requisites on
solemnities of wills and testaments
o Civil Code provisions
Article 805. Every will, other than a holographic will, must
be subscribed at the end thereof by the testator himself
or by the testator's name written by some other person in
his presence, and by his express direction, and attested
and subscribed by three or more credible witnesses in the
presence of the testator and of one another.
o
The testator or the person requested by him to write his

name and the instrumental witnesses of the will, shall also
sign, as aforesaid, each and every page thereof, except
the last, on the left margin, and all the pages shall be
numbered correlatively in letters placed on the upper part

of each page.
The attestation shall state the number of pages used
upon which the will is written, and the fact that the
testator signed the will and every page thereof, or caused
some other person to write his name, under his express
direction, in the presence of the instrumental witnesses,
and that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of
one another.
If the attestation clause is in a language not known to the

witnesses, it shall be interpreted to them.
Article 806. Every will must be acknowledged before a
notary public by the testator and the witnesses. The
notary public shall not be required to retain a copy of the
will, or file another with the office of the Clerk of Court.
Case at bar, although the deeds were acknowledged before a
notary public, the documents were not executed in the manner
required by law. Hence, null and void.

Maglasang Vs Cabatingan

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Maglasang Vs Cabatingan

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Maglasang vs Cabatingan

Conchita Cabatingan executed 5 deeds of conditional donation in favor

Issue: WON the donations are mortis causa (Yes)

Donation mortis causa

The testator or the person requested by him to write his

numbered correlatively in letters placed on the upper part

If the attestation clause is in a language not known to the

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