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    June 29, 1959 Montemayor

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    Christian Ignacio
    This case involved an appeal regarding a deed of donation executed by Melchor Solomon upon marrying Alejandria Feliciano. The donation stipulated that properties would pass to their children, Solomon's siblings if there were no children and he died first, and Alejandria's guardian Estanislao Serrano if there were no children and she died first. The lower court dismissed an action by Serrano to enforce the donation, finding it was not a valid donation propter nuptias (DPN). The Supreme Court affirmed, reasoning that the donation did not meet the requirements of a DPN as marriage was not the sole consideration and it was not made in favor of the spouse Alejandria.

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    June 29, 1959 Montemayor

    Uploaded by

    Christian Ignacio
    37 views1 page
    This case involved an appeal regarding a deed of donation executed by Melchor Solomon upon marrying Alejandria Feliciano. The donation stipulated that properties would pass to their children, Solomon's siblings if there were no children and he died first, and Alejandria's guardian Estanislao Serrano if there were no children and she died first. The lower court dismissed an action by Serrano to enforce the donation, finding it was not a valid donation propter nuptias (DPN). The Supreme Court affirmed, reasoning that the donation did not meet the requirements of a DPN as marriage was not the sole consideration and it was not made in favor of the spouse Alejandria.

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    This case involved an appeal regarding a deed of donation executed by Melchor Solomon upon marrying Alejandria Feliciano. The donation stipulated that properties would pass to their children, Solomon's siblings if there were no children and he died first, and Alejandria's guardian Estanislao Serrano if there were no children and she died first. The lower court dismissed an action by Serrano to enforce the donation, finding it was not a valid donation propter nuptias (DPN). The Supreme Court affirmed, reasoning that the donation did not meet the requirements of a DPN as marriage was not the sole consideration and it was not made in favor of the spouse Alejandria.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views1 page

    June 29, 1959 Montemayor

    Uploaded by

    Christian Ignacio
    This case involved an appeal regarding a deed of donation executed by Melchor Solomon upon marrying Alejandria Feliciano. The donation stipulated that properties would pass to their children, Solomon's siblings if there were no children and he died first, and Alejandria's guardian Estanislao Serrano if there were no children and she died first. The lower court dismissed an action by Serrano to enforce the donation, finding it was not a valid donation propter nuptias (DPN). The Supreme Court affirmed, reasoning that the donation did not meet the requirements of a DPN as marriage was not the sole consideration and it was not made in favor of the spouse Alejandria.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Case Title Serrano v Solomon

    Date June 29, 1959


    Ponente Montemayor
    Nature of Case Appeal from a CFI- Ilocos Sur decision
    Facts  Petitioner Estanislao Serrano is Alejandria Feliciano’s guardian
     Respondent-husband Melchor Solomon marries Alejandria Feliciano,
    who wrote a deed of donation propter nuptias (DPN) stipulating that
    o He will donate all his properties to his and Alejandria’s common
    children
    o If no children and husband dies first, half the properties will be
    given to husband’s siblings and their heirs
    o If no children and wife dies first, half the properties will be given
    to petitioner, who took care of wife
     Wife dies, petitioner commenced action to enforce the terms of the
    alleged donation
     Court dismisses the action because the donation is not a DPN, hence this
    petition
    Issue/s Whether or not Solomon’s deed of donation is a DPN
    Ruling NO
    Reasoning
     For a donation to be a DPN it must be
    o Made before the celebration
    o In consideration of the celebration
    o In favor of both/one of the spouses
     Solomon’s donation did not fulfill the last 2 requisites
    o Marriage was not the only thing considered. Childlessness and death of one of
    the spouses were the other factors considered for the donation to operate
    o Donation was not in favor of Alejandria, it was in favor of her guardian,
    Serrano
     Cannot be a donation inter vivos (between the living), because donee Serrano has not
    expressly accepted it
     Cannot be a donation mortis causa (on the occasion of death), because donor
    Solomon is still living

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