Vivos Executed by The Late Francisco T. Comille in

G.R. No.
146683 November 22, 2001 Having no children to take care of him after his square meters in his name. The deed stated that
retirement, Francisco asked his niece Leticia the donation was being made in consideration of
CIRILA ARCABA, petitioner, Bellosillo,7 the latter's cousin, Luzviminda "the faithful services [Cirila Arcaba] had rendered
vs. Paghacian,8 and petitioner Cirila Arcaba, then a over the past ten (10) years." The deed was
ERLINDA TABANCURA VDA. DE BATOCAEL, widow, to take care of his house, as well as the notarized by Atty. Vic T. Lacaya, Sr.19 and later
SEIGFREDO C. TABANCURA, DORIS C. store inside.9 registered by Cirila as its absolute owner .20
TABANCURA, LUZELLI C. TABANCURA,
BELEN C. TABANCURA, RAUL A. COMILLE, Conflicting testimonies were offered as to the On October 4, 1991, Francisco died without any
BERNADETTE A. COMILLE, and ABNER A. nature of the relationship between Cirila and children. In 1993, the lot which Cirila received
COMILLE, respondents. Francisco. Leticia Bellosillo said Francisco and from Francisco had a market value of P57,105.00
Cirila were lovers since they slept in the same and an assessed value of P28,550.00.21
MENDOZA, J.: room,10 while Erlinda Tabancura,11another niece
of Francisco, claimed that the latter had told her On February 18, 1993, respondents filed a
Petitioner Cirila Arcaba seeks review on certiorari complaint against petitioner 'for declaration of
of the decision1 of the Court of Appeals, which that Cirila was his mistress.12 On the other hand,
Cirila said she was a mere helper who could enter nullity of a deed of donation inter vivos, recovery
affirmed with modification the decision2 of the of possession, and damages. Respondents, who
Regional Trial Court, Branch 10, Dipolog City, the master's bedroom only when the old man
asked her to and that Francisco in any case was are the decedent's nephews and nieces and his
Zamboanga del Norte in Civil Case No. 4593, heirs by intestate succession, alleged that Cirila
declaring as void a deed of donation inter too old for her. She denied they ever had sexual
intercourse.13 was the common-law wife of Francisco and the
vivos executed by the late Francisco T. Comille in donation inter vivos made by Francisco in her
her favor and its subsequent resolution3 denying It appears that when Leticia and Luzviminda were favor is void under Article 87 of the Family Code,
reconsideration. married, only Cirila was left to take care of which provides:
The facts are as follows: Francisco.14 Cirila testified that she was a 34-year
old widow while Francisco was a 75-year old Every donation or grant of gratuitous advantage,
On January 16, 1956, Francisco Comille and his widower when she began working for the latter; direct or indirect, between the spouses during the
wife Zosima Montallana became the registered that he could still walk with her assistance at that marriage shall be void, except moderate gifts
owners of Lot No. 437-A located at the corner of time;15 and that his health eventually deteriorated which the spouses may give each other on the
Calle Santa Rosa (now Balintawak Street) and and he became bedridden.16 Erlinda Tabancura occasion of any family rejoicing. The prohibition
Calle Rosario (now Rizal Avenue) in Dipolog City, testified that Francisco's sole source of income shall also apply to persons living together as
Zamboanga del Norte. The total area of the lot consisted of rentals from his lot near the public husband and wife without a valid marriage.
was 418 square meters.4 After the death of streets.17 He did not pay Cirila a regular cash On February 25, 1999, the trial court rendered
Zosima on October 3, 1980, Francisco and his wage as a househelper , though he provided her judgment in favor of respondents, holding the
mother-in-law, Juliana Bustalino Montallana, family with food and lodging.18 donation void under this provision of the Family
executed a deed of extrajudicial partition with Code. The trial court reached this conclusion
waiver of rights, in which the latter waived her On January 24, 1991, a few months before his
death, Francisco executed an instrument based on the testimony of Erlinda Tabancura and
share consisting of one-fourth (1/4) of the certain documents bearing the signature of one
property to Francisco.5 On June 27, 1916, denominated "Deed of Donation Inter Vivos," in
which he ceded a portion of Lot 437-A, consisting "Cirila Comille." The documents were (1) an
Francisco registered the lot in his name with the application for a business permit to operate as
Registry of Deeds.6 of 150 square meters, together with his house, to
Cirila, who accepted the donation in the same real estate lessor, dated January 8, 1991, with a
instrument. Francisco left the larger portion of 268 carbon copy of the signature "Cirila Comille";22 (2)
a sanitary permit to operate as real estate lessor
with a health certificate showing the signature
"Cirila Comille" in black ink;23 and (3) the death
certificate of the decedent with the signature
"Cirila A. Comille" written in black ink.24 The
dispositive portion of the trial court's decision
states:
WHEREFORE, in view of the foregoing, judgment
is rendered:
1. Declaring the Deed of Donation Inter Vivos
executed by the late Francisco Comille recorded
as Doc. No. 7; Page No. 3; Book No. V; Series of
1991 in the Notarial Register of Notary Public Vic
T. Lacaya (Annex " A " to the Complaint) null and
void;
2. Ordering the defendant to deliver possession of
the house and lot subject of the deed unto the
plaintiffs within thirty (30) days after finality of this
decision; and finally
3. Ordering the defendant to pay attorney's fees
in the sum of P10,000.00.
SO ORDERED.

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