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    Garrido vs. CA

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    JenifferRimando
    Petitioners, the daughter and son-in-law of Magdalena Rondael, sought to annul the deed of absolute sale of a property given to Magdalena by her stepfather with the condition that she not sell it. They claimed the signatures on the deed were forged. The RTC and CA upheld the validity of the deed. The Supreme Court ruled that petitioners had no legal standing to challenge the deed, as only the donor or their heirs have the right to question a violation of conditions on a donation under Civil Code provisions. The donor was deceased and petitioners were not the donor's heirs.

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    Garrido vs. CA

    Uploaded by

    JenifferRimando
    252 views1 page
    Petitioners, the daughter and son-in-law of Magdalena Rondael, sought to annul the deed of absolute sale of a property given to Magdalena by her stepfather with the condition that she not sell it. They claimed the signatures on the deed were forged. The RTC and CA upheld the validity of the deed. The Supreme Court ruled that petitioners had no legal standing to challenge the deed, as only the donor or their heirs have the right to question a violation of conditions on a donation under Civil Code provisions. The donor was deceased and petitioners were not the donor's heirs.

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    Case on Donation

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    Petitioners, the daughter and son-in-law of Magdalena Rondael, sought to annul the deed of absolute sale of a property given to Magdalena by her stepfather with the condition that she not sell it. They claimed the signatures on the deed were forged. The RTC and CA upheld the validity of the deed. The Supreme Court ruled that petitioners had no legal standing to challenge the deed, as only the donor or their heirs have the right to question a violation of conditions on a donation under Civil Code provisions. The donor was deceased and petitioners were not the donor's heirs.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    252 views1 page

    Garrido vs. CA

    Uploaded by

    JenifferRimando
    Petitioners, the daughter and son-in-law of Magdalena Rondael, sought to annul the deed of absolute sale of a property given to Magdalena by her stepfather with the condition that she not sell it. They claimed the signatures on the deed were forged. The RTC and CA upheld the validity of the deed. The Supreme Court ruled that petitioners had no legal standing to challenge the deed, as only the donor or their heirs have the right to question a violation of conditions on a donation under Civil Code provisions. The donor was deceased and petitioners were not the donor's heirs.

    Copyright:

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

    GARRIDO vs.

    CA
    Petitioners filed a complaint before the RTC of Iloilo City
    Petitioners in this case are spouses Alberto Garrido and Coloma seeking to annul the deed of Absolute Sale of subject lot on the
    Daguro. Coloma was the only surviving daughter of Magdalena ground that the deed was fictitious since Magdalena’s
    Rondael, the donee of the subject property in litigation. signature appeared to have been traced and Lorenzo Daguro’s
    signature was likewise forged since he died prior to the
    Magdalena was the daughter of Consolacion Rondael, wife of execution thereof.
    Tomas Hingco who donated to Magdalena, his stepdaughter,
    one half of a lot he owned (1947). The condition in the The RTC affirmed the genuineness of Daguro’s signature was
    donation being that Magdalena could not sell, transfer or cede not germane to the validity of the Deed as said was not
    the same. In the end, when Tomas and Consolacion died, the necessary to convey title to the paraphernal property of
    entire lot was registered in the name of Magdalena. Magdalena. Thus, the RTC declared the sale valid.

    In 1973, Magdalena sold a portion of the subject lot. The The CA affirmed the RTC’s ruling and denied reconsideration.
    remaining portion (343 sqms) of the lot is the subject of this Thus this petition.
    litigation. Upon the death of Lorenzo, Magdalena’s husband in
    1976, she filed a petition to cancel the lien prohibiting her from Petitioners claimed that the CA erred in holding that they had
    disposing of the lot donated by her stepfather. She needed no personality to assail the non-observance of the condition
    money for her subsistence and medical expenses. attached to the Absolute Deed of Sale executed by Magdalena.

    While her petition was pending, Magdalena executed a ISSUE: Whether or not petitioners have personality to
    Conditional Deed of Sale of the said lot in favor of spouses question the validity of the Deed due to Magdalena’s non-
    Rufino and Conrada Suplemento with the condition that in the observance of the condition attached to the donation.
    event that the lien was not cancelled, the amount paid would
    be refunded. RULING: The Court held that petitioners indeed have no
    personality to question he violation of the restriction because
    In January 1979, the petition for cancellation of the lien was they were not heirs of the donor. When the done fails to comply
    denied. Nevertheless, Magdalena executed a Deed of Absolute with any of the conditions imposed by the donor, it is the donor
    Sale covering subject lot in favor of respondents, Suplementos. who has the right to impugn the validity of the transaction
    Transfer Certificate of Title was then issued in the name of affecting the donated property, conformably with Art. 764 of
    Suplementos upon the death of Magdalena in April 1982. the Civil Code, which provides that the right to revoke may be
    transmitted to the heirs of the donor and may be exercised
    Magdalena had two daughters. But the only living then was against the heirs of the done, and the action prescribes four
    petitioner Coloma Daguro who was married to petitioner years after the violation of the condition.
    Alberto Garrido. The couple was based in Davao and in
    February 1984, they visited the house where Magdalena used
    to live. It was then that they learned that the lot already
    belonged to the Suplementos.

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