Laws & Jurisprudence
Form Required For A Valid Donation
9:03 PM
This
is a petition for review under Rule 45 of the Rules of Court, which
seeks the reversal of the Decision and Resolutionof the Court of
Appeals.
The
case originated from a complaint for specific performance with
damages filed by Spouses Gavino and Carmelita (respondents) against
Esperanza and her son, JJazer. The respondents alleged that sometime
in May 1986, Esperanza and her husband, Jose, acquired from one
Roberto the rights over a parcel of land under the name of the
Government Service Insurance System (GSIS). Their transaction was
covered by a Deed of Assignment and Transfer of Rights with
Assumption of Obligations. Esperanza and Jose were to assume the
payment of the applicable monthly amortizations for the subject land
to the GSIS. Several amortizations remained unpaid by Esperanza and
Jose, resulting in an impending cancellation in 2005 of GSIS’
conditional sale of the subject property to Roberto.
The
respondents alleged that Esperanza and Jazer undertook to execute a
Deed of Absolute Sale in favor of the respondents once the title over
the subject property was transferred to their names, subject to the
condition that they would be given the first option to buy it back
within three years by reimbursing the expenses incurred by the
respondents on the property. The respondents demanded from Esperanza
and Jazer the fulfillment of their commitment to transfer the subject
property to the respondents’ names through the execution of a deed
of sale. When Esperanza and Jazer failed to comply despite efforts
for an amicable settlement, the respondents filed with the Regional
Trial Court (RTC) of Biñan, Laguna the subject complaint for
specific performance with damages.
Esperanza
and Jazer disputed these claims. They argued that there was neither a
written or verbal agreement for the transfer of the disputed property
to the respondents’ names, nor a promise for the repayment of the
amounts that were paid by the respondents. Esperanza believed that
Gavino paid her outstanding balance with the GSIS out of sheer
generosity and pity upon her.
The
RTC of Biñan, Laguna rendered judgment in favor of the respondents.
Feeling aggrieved, Esperanza and Jazer appealed to the CA. The CA
affirmed the rulings of the RTC.
ISSUE:
Is
the money paid by the respondents a donation?
RULING:
The
petition is bereft of merit. Art. 748 of the civil code provides that
the donation of a movable may be made orally or in writing. An oral
donation requires the simultaneous delivery of the thing or of the
document representing the right donated. If the value of the personal
property donated exceeds five thousand pesos, the donation and the
acceptance shall be made in writing. Otherwise,
the donation shall be void.
As
the Court ruled in Moreño-Lentfer v. Wolff (484 Phil. 552, 2004 ), a
donation must comply with the mandatory formal requirements set forth
by law for its validity. When the subject of donation is purchase
money, Article 748 of the NCC is applicable. Accordingly, the
donation of money as well as its acceptance should be in writing.
Otherwise, the donation is invalid for non-compliance with the formal
requisites prescribed by law.
While
Esperanza claims that her brother’s generosity was the
consideration for the respondents’ payment of her obligations, this
was not sufficiently established, that even the respondents
vehemently denied the allegation. In order to sufficiently
substantiate her claim that the money paid by the respondents was
actually a donation, Esperanza should have also submitted in court a
copy of their written contract evincing such agreement.
Therefore,
the money paid by the repondent is not a donation.
G.R.
No. 19863, October 8, 2014
ESPERANZA
C. CARINAN, Petitioner, vs. SPOUSES GAVINO CUETO and
CARMELITA CUETO, Respondents.
REYES,
J.:
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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