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MA. ESTELA MAGLASANG v. HEIRS OF CORAZON CABATINGAN

This case has been cited 2 times or more.

2008-10-17
CARPIO MORALES, J.
(3) That the transfer should be void if the transferor should survive the transferee.[27] (Emphasis and underscoring supplied) The phrase in the earlier-quoted Deed of Donation "to become effective upon the death of the DONOR" admits of no other interpretation than to mean that Matilde did not intend to transfer the ownership of the six lots to petitioners' mother during her (Matilde's) lifetime.[28]
2003-04-24
CARPIO MORALES, J.
In Maglasang v. Heirs of Cabatingan,[34] the deeds of donation contained provisions almost identical to those found in the deed subject of the present case:That for and in consideration of the love and affection of the DONOR for the DONEE, x x x the DONOR does hereby, by these presents, transfer, convey, by way of donation, unto the DONEE the above-described property, together with the buildings and all improvements existing thereon, to become effective upon the death of the DONOR; PROVIDED, HOWEVER, that in the event that the DONEE should die before the DONOR, the present donation shall be deemed automatically rescinded and of no further force and effect. (Underscoring supplied)