Laureta Vs Mata
Laureta Vs Mata
Laureta Vs Mata
FACTS:
Severa Magno Laureta was a 70-year-old widow who gave Emilio Mata, a 17-
year-old son of the Spouses Mata, “a reward for the services he rendered her as a
token of her affection towards him”. It is in the form of a mortis causa donation of he
properties. Furthermore, she declares to donate the right to, and usufruct of 2
parcels of land in Mariquet. However, a condition was given that the done cannot
take possession of the properties donated before the death of the donor. Donee’s
mother, Ester Magno, accepted the donation on Pedro’s behalf.
However, upon Severa Laureta’s death, Paulo Laureta applied fotr and was
appointed by Severa Laureta as administrator of the estate. He then demand from
Pedro Mata for possession of the lands, who refused. Paulo Laureta then filed to
recover such possession, which was then granted.
ISSUE:
Whether or not Paulo Laureta is entitled to the possession of the lands
despite the donation of such to Pedro Emilio Mata?
RULING:
The Court answered in the negative.
The judgment of the lower court is reversed and the plaintiff’s complaint is
dismissed. The Court held that it was wrong to apply Article 620 (now Article 728),
which states that donations which are to take effect upon the death of the donor
partake of the nature of testamentary provisions, and shall be governed by the rules
established in the Title on Succession.
Article 623 (now Article 734) states that the donation is perfected from the
moment the donor knows of the acceptance by the done.