Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Laureta Vs Mata

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

LAURETA VS MATA

G.R. No. L-19740; March 22, 1923 (John, J)

LOCATION: Solsona, Ilocos Norte.


DOCTRINE:
Article 623 (now Article 734) states that the donation is perfected from the
moment the donor knows of the acceptance by the done.

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.

Lower court granted Paulo Laureta entitlement to the possession of the


Lands based in Article 620 of the Civil Code (Art. 728 of the New Civil Code).

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.

Corpus Juris, vol. 18, p. 208, says:


Where, however, a deed containing a provision that it is not to take effect
until the grantor's death is actually delivered to the grantee during the
lifetime of the grantor, it will be sustained as a present grant of a future
interest.

That is this case. Legally speaking, it was a delivery and an acceptance of


the deed. The facts bring the case squarely within article 623 of the Civil Code (now
Article 734). Here, there was a donation and an acceptance both in the same
instrument, which made it a perfected donation within the meaning of article 623.

Article 623 (now Article 734) states that the donation is perfected from the
moment the donor knows of the acceptance by the done.

You might also like