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    Ganuelas VS Cawed

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    Reyna Remulta
    Celestina Ganuelas executed a deed of donation of real property in favor of Ursulina Ganuelas. The deed stated that the donation would become effective upon Celestina's death. However, Celestina later revoked the donation. After Celestina's death, Ursulina claimed ownership of the properties but Celestina's niece challenged the validity of the donation. The court ruled the donation was mortis causa or for the purpose of disposition after death. As the donation was mortis causa, it needed to comply with the formalities for wills under the Civil Code. However, the attesting witnesses did not acknowledge the deed before a notary public, violating the Civil Code.

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    Ganuelas VS Cawed

    Uploaded by

    Reyna Remulta
    281 views1 page
    Celestina Ganuelas executed a deed of donation of real property in favor of Ursulina Ganuelas. The deed stated that the donation would become effective upon Celestina's death. However, Celestina later revoked the donation. After Celestina's death, Ursulina claimed ownership of the properties but Celestina's niece challenged the validity of the donation. The court ruled the donation was mortis causa or for the purpose of disposition after death. As the donation was mortis causa, it needed to comply with the formalities for wills under the Civil Code. However, the attesting witnesses did not acknowledge the deed before a notary public, violating the Civil Code.

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    Original Title

    GANUELAS VS CAWED

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    Celestina Ganuelas executed a deed of donation of real property in favor of Ursulina Ganuelas. The deed stated that the donation would become effective upon Celestina's death. However, Celestina later revoked the donation. After Celestina's death, Ursulina claimed ownership of the properties but Celestina's niece challenged the validity of the donation. The court ruled the donation was mortis causa or for the purpose of disposition after death. As the donation was mortis causa, it needed to comply with the formalities for wills under the Civil Code. However, the attesting witnesses did not acknowledge the deed before a notary public, violating the Civil Code.

    Copyright:

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

    Ganuelas VS Cawed

    Uploaded by

    Reyna Remulta
    Celestina Ganuelas executed a deed of donation of real property in favor of Ursulina Ganuelas. The deed stated that the donation would become effective upon Celestina's death. However, Celestina later revoked the donation. After Celestina's death, Ursulina claimed ownership of the properties but Celestina's niece challenged the validity of the donation. The court ruled the donation was mortis causa or for the purpose of disposition after death. As the donation was mortis causa, it needed to comply with the formalities for wills under the Civil Code. However, the attesting witnesses did not acknowledge the deed before a notary public, violating the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    GANUELAS VS CAWAD, GR NO.

    123968
    Reynalie Jane N. Remulta

    FACTS
    Celestina Ganuelas Vda. de Valin executed a Deed of Donation of Real Property in
    favor of petitioner Ursulina Ganuelas. The pertinent portion of the Deed of Donation
    reads: ―That for and in consideration of the love and affection which the DONOR has
    for the DONEE, and of the faithful services the latter has rendered in the past to the
    former, the said DONOR does by these presents transfer and convey, by way of
    DONATION, unto the DONEE the property above, described, to become effective upon
    the death of the DONOR; but in the event that the DONEE should die before the
    DONOR, the present donation shall be deemed rescinded and of no further force and
    effect.
    However, more than a month before Celestina died, she executed a document revoking
    such donation. After her death, Ursulina claimed ownership over the donated properties
    and refused to give private respondents Leocadia G. Flores, et al., niece of Celestina
    any share in the produce of the properties despite repeated demands. Thus, prompting
    Flores, et al. to file a complaint before the San Fernando, La Union Regional Trial Court
    (RTC), challenging the validity of the Deed of Donation. They alleged that such donation
    is void for failure to comply with the formalities of wills and testaments, which is
    necessary in a disposition mortis causa.
    ISSUE
    Whether the donation is mortis causa
    RULING
    Yes.
    In the donation subject of the present case, there is nothing therein which indicates that
    any right, title or interest in the donated properties was to be transferred to Ursulina
    prior to the death of Celestina. The phrase “to become effective upon the death of the
    DONOR” admits of no other interpretation but that Celestina intended to transfer the
    ownership of the properties to Ursulina on her death, not during her lifetime.
    As the subject deed then is in the nature of a mortis causa disposition, the formalities of
    a will under Article 728 of the Civil Code should have been complied with, failing which
    the donation is void and produces no effect. As noted by the trial court, the attesting
    witnesses failed to acknowledge the deed before the notary public, thus violating Article
    806 of the Civil Code which provides: Art. 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.

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