This case has been cited 1 times or more.
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2004-09-03 |
YNARES-SANTIAGO, J. |
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| In the instant case, what transpired between Felomina and Lucila was a donation of an immovable property which was not embodied in a public instrument as required by the foregoing article. Being an oral donation, the transaction was void.[35] Moreover, even if Felomina enjoyed the fruits of the land with the intention of giving effect to the donation after her demise, the conveyance is still a void donation mortis causa, for non-compliance with the formalities of a will.[36] No valid title passed regardless of the intention of Felomina to donate the property to Lucila, because the naked intent to convey without the required solemnities does not suffice for gratuitous alienations, even as between the parties inter se.[37] At any rate, Felomina now seeks to recover title over the property because of the alleged ingratitude of the respondent spouses. | |||||