7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

VOL. 342, OCTOBER 5, 2000 105

Gestopa vs. Court of Appeals

*
G.R. No. 111904. October 5, 2000.

SPS. AGRIPINO GESTOPA and ISABEL SILARIO

GESTOPA, petitioners, vs. COURT OF APPEALS and
MERCEDES DANLAG y PILAPIL, respondents.

Civil Law; Property; Donations; Crucial in resolving whether

the donation was inter vivos or mortis causa is the determination
of whether the donor intended to transfer the ownership over the
properties upon the execution of the deed.—Crucial in resolving
whether the donation was inter vivos or mortis causa is the
determination of whether the donor intended to transfer the
ownership over the properties upon the execution of the deed. In
ascertaining the intention of the donor, all of the deed’s provisions
must be read together.
Same; Same; Same; Acceptance clause is a mark that the
donation is inter vivos. Donations mortis causa, being in the form
of a will, are not required to be accepted by the donees during the
donors’ lifetime.—In the case of Alejandro vs. Geraldez, 78 SCRA
245 (1977), we said that an acceptance clause is a mark that the
donation is inter vivos. Acceptance is a requirement for donations
inter vivos. Donations mortis causa, being in the form of a will,
are not required to be accepted by the donees during the donors’
lifetime.
Same; Same; Same; A limitation on the right to sell during the
donors’ lifetime implied that ownership had passed to the donees
and donation was already effective during the donors’ lifetime.—
The Court of Appeals did not err in concluding that the right to
dispose of the properties belonged to the donee. The donor’s right
to give consent was merely intended to protect his usufructuary
interests. In Alejandro, we ruled that a limitation on the right to
sell during the donors’ lifetime implied that ownership had passed
to the donees and donation was already effective during the
donors’ lifetime.
Same; Same; Same; A valid donation, once accepted, becomes
irrevocable, except on account of officiousness, failure by the donee
to comply with the charges imposed in the donation, or
www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 1/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

ingratitude.—A valid donation, once accepted, becomes

irrevocable, except on account of officiousness, failure by the
donee to comply with the charges imposed in the donation,

_____________

* SECOND DIVISION.

106

106 SUPREME COURT REPORTS ANNOTATED

Gestopa vs. Court of Appeals

or ingratitude. The donor-spouses did not invoke any of these

reasons in the deed of revocation.

PETITION for review on certiorari of a decision of the

Court of Appeals.

The facts are stated in the opinion of the Court.

     Batiquin & Batiquin Law Office for petitioners.
     Danilo L. Pilapil for private respondent.

QUISUMBING, J.:
1
This petition for review, 2under Rule 45 of the Rules of
Court, assails the decision of the Court of Appeals dated
August 31, 1993,
3
in CA-G.R. CV No. 38266, which reversed
the judgment of the Regional Trial Court of Cebu City,
Branch 5.
The facts, as culled from the records, are as follows:
Spouses Diego and Catalina Danlag were the owners of
six parcels of unregistered lands. They executed three
deeds of donation mortis causa, two of which are dated
March 4, 1965 and another dated October 13, 1966, 4
in favor
of private respondent Mercedes Danlag-Pilapil. The first
deed pertained to parcels 1 & 2 with Tax Declaration Nos.
11345 and 11347, respectively. The second deed pertained
to parcel 3, with TD No. 018613. The last deed pertained to
parcel 4 with TD No. 016821. All deeds contained the
reservation of the rights of the donors (1) to amend, cancel
or revoke the donation during their lifetime, and (2) to sell,
mortgage, or encumber the properties donated during the
donors’ lifetime, if deemed necessary.

www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 2/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

On January 16, 1973, Diego Danlag, with the consent of

his wife, 5
Catalina Danlag, executed a deed of donation inter vivos
covering the aforementioned parcels of land plus two other
parcels with TD

_______________

1 Rollo, pp. 3-10.

2 Id. at 21-33.
3 Id.at 10-20.
4 Records, pp. 61-65.
5 Id. at 66.

107

VOL. 342, OCTOBER 5, 2000 107

Gestopa vs. Court of Appeals

spondent Mercedes. This contained two conditions, that (1)

the Danlag spouses shall continue to enjoy the fruits of the
land during their lifetime, and that (2) the donee can not
sell or dispose of the land during the lifetime of the said
spouses, without their prior consent and approval.
Mercedes caused the transfer of the parcels’ tax declaration
to her name and paid the taxes on them.
On June 28, 1979 and August 21, 1979, Diego and
Catalina Danlag sold parcels 3 and 4 to herein petitioners,
Mr. and Mrs. Agripino Gestopa. On September 6
29, 1979,
the Danlags executed a deed of revocation recovering the
six parcels of land subject of the aforecited deed of donation
inter vivos.
On March 1, 1983, Mercedes Pilapil (herein private
respondent) filed with the RTC a petition against 7
the
Gestopas and the Danlags, for quieting of title over the
above parcels of land. She alleged that she was an
illegitimate daughter of Diego Danlag; that she lived and
rendered incalculable beneficial services to Diego and his
mother, Maura Danlag, when the latter was still alive. In
recognition of the services she rendered, Diego executed a
Deed of Donation on March 20, 1973, conveying to her the
six (6) parcels of land. She accepted the donation in the
same instrument, openly and publicly exercised rights of
ownership over the donated properties, and caused the
transfer of the tax declarations to her name. Through
machination, intimidation and undue influence, Diego
persuaded the husband of Mercedes, Eulalio Pilapil, to buy
two of the six parcels covered by the deed of donation. Said
www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 3/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

donation inter vivos was coupled with conditions and,

according to Mercedes, since its perfection, she had
complied with all of them; that she had not been guilty of
any act of ingratitude; and that respondent Diego had no
legal basis in revoking the subject donation and then in
selling the two parcels of land to the Gestopas.
In their opposition, the Gestopas and the Danlags
averred that the deed of donation dated January 16, 1973
was null and void because it was obtained by Mercedes
through machinations and undue influence. Even assuming
it was validly executed, the inten-

______________

6 Id. at 78-79.
7 Id. at 1-4.

108

108 SUPREME COURT REPORTS ANNOTATED

Gestopa vs. Court of Appeals

tion was for the donation to take effect upon the death of
the donor. Further, the donation was void for it left the
donor, Diego Danlag, without any property at all.
On December 27, 1991, the trial court rendered its
decision, thus:

‘WHEREFORE, the foregoing considered, the; Court hereby

renders judgment in favor of the defendants and against the
plaintiff:

1. Declaring the Donations Mortis Causa and Inter Vivos as

revoked, and, therefore, has (sic) no legal effect and force
of law.
2. Declaring Diego Danlag the absolute and exclusive owner
of the six (6) parcels of land mentioned in the Deed of
revocation (Exh. P-plaintiff, Exh. 6-defendant Diego
Danlag).
3. Declaring the Deeds of Sale executed by Diego Danlag in
favor of spouses Agripino Gestopa and Isabel Gestopa
dated June 28, 1979 (Exh. S-plaintiff; Exh. 18-defendant);
Deed of Sale dated December 18, 1979 (Exh. T plaintiff;
Exh. 9-defendant); Deed of Sale dated September 14, 1979
(Exh. 8); Deed of Sale dated June 30, 1975 (Exh. U); Deed
of Sale dated March 13, 1978 (Exh. X) as valid and
enforceable duly executed in accordance with the
formalities required by law.
www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 4/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

4. Ordering all tax declaration issued in the name of

Mercedes Danlag Y Pilapil covering the parcel of land
donated cancelled and further restoring all the tax
declarations previously cancelled, except parcels Nos. 1
and 5 described, in the Deed of Donation Inter Vivos (Exh.
“1”) and Deed of Sale (Exh. “2”) executed by defendant in
favor of plaintiff and her husband.
5. With respect to the contract of sale of abovestated parcels
of land, vendor Diego Danlag and spouse or their estate
have the alternative remedies of demanding the balance of
the agreed price with legal interest, or rescission of the
contract of sale.
8
SO ORDERED.”

In rendering the above decision, the trial court found that

the reservation clause in all the deeds of donation indicated
that Diego Danlag did not make any donation; that the
purchase by Mercedes of the two parcels of land covered by
the Deed of Donation Inter Vivos bolstered this conclusion;
that Mercedes failed to rebut the

______________

8 Rollo, pp. 19-20.

109

VOL. 342, OCTOBER 5, 2000 109

Gestopa vs. Court of Appeals

allegations of ingratitude she committed against Diego

Danlag; and that Mercedes committed fraud and
machination in preparing all the deeds of donation without
explaining to Diego Danlag their contents.
Mercedes appealed to the Court of Appeals and argued
that the trial court erred in (1) declaring the donation
dated January 16, 1973 as mortis causa and that the same
was already revoked on the ground of ingratitude; (2)
finding that Mercedes purchased from Diego Danlag the
two parcels of land already covered by the above donation
and that she was only able to pay three thousand pesos, out
of the total amount of twenty thousand pesos; (3) failing to
declare that Mercedes was an acknowledged natural child
of Diego Danlag.
On August 31, 1993, the appellate court reversed the
trial court. It ruled:

www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 5/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

“PREMISES CONSIDERED, the decision appealed from is

REVERSED and a new judgment is hereby rendered as follows:

1. Declaring the deed of donation inter vivos dated January

16, 1973 as not having been revoked and consequently the
same remains in full force and effect;
2. Declaring the Revocation of Donation dated June 4, 1979
to be null and void and therefore of no force and effect;
3. Declaring Mercedes Danlag Pilapil as the absolute and
exclusive owner of the six (6) parcels of land specified in
the above-cited deed of donationinter vivos;
4. Declaring the Deed of Sale executed by Diego Danlag in
favor of spouses Agripino and Isabel Gestopa dated June
28, 1979 (Exhibits S and 18), Deed of Sale dated December
18, 1979 (Exhibits T and 19), Deed of Sale dated
September 14, 1979 (Exhibit 8), Deed of Sale dated June
30, 1975 (Exhibit U), Deed of Sale dated March 13, 1978
(Exhibit X) as well as the Deed of Sale in favor of Eulalio
Danlag dated December 27, 1978 (Exhibit 2) not to have
been validly executed;
5. Declaring the above-mentioned deeds of sale to be null and
void and therefore of no force and effect;
6. Ordering spouses Agripino Gestopa and Isabel Silerio
Gestopa to reconvey within thirty (30) days from the
finality of the instant judgment to Mercedes Danlag
Pilapil the parcels of land above-specified, regarding

110

110 SUPREME COURT REPORTS ANNOTATED

Gestopa vs. Court of Appeals

which titles have been subsequently fraudulently secured,

namely those covered by O.C.T. T-17836 and O.C.T. No.
17523.
7. Failing to do so, ordering the Branch Clerk of Court of the
Regional Trial Court (Branch V) at Cebu City to effect
such reconveyance of the parcels of land covered by O.C.T.
T-17836 and 17523.
9
SO ORDERED.”

The Court of Appeals held that the reservation by the

donor of lifetime usufruct indicated that he transferred to
Mercedes the ownership over the donated properties; that
the right to sell belonged to the donee, and the donor’s right
referred to that of merely giving consent; that the donor

www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 6/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

changed his intention by donating inter vivos properties

already donated mortis causa; that the transfer to
Mercedes’ name of the tax declarations pertaining to the
donated properties implied that the donation was inter
vivos; and that Mercedes did not purchase two of the six
parcels of land donated to her.
Hence, this instant petition for review filed by the
Gestopa spouses, asserting that:

“THE HONORABLE COURT OF APPEALS, TWELFTH

DIVISION, HAS GRAVELY ERRED 10
IN REVERSING THE
DECISION OF THE COURT A QUO.”

Before us, petitioners allege that the appellate court

overlooked the fact that the donor did not only reserve the
right to enjoy the fruits of the properties, but also
prohibited the donee from selling or disposing the land
without the consent and approval of the Danlag spouses.
This implied that the donor still had control and ownership
over the donated properties. Hence, the donation was post
mortem.
Crucial in resolving whether the donation was inter
vivos or mortis causa is the determination of whether the
donor intended to transfer the ownership 11
over the
properties upon the execution of the deed.

______________

9 Id. at 31-32.
10 Id. at 5.
11 Reyes vs. Mosqueda, 187 SCRA 661, 671 (1990).

111

VOL. 342, OCTOBER 5, 2000 111

Gestopa vs. Court of Appeals

In ascertaining the intention of the12 donor, all of the deed’s

provisions must be read together. The deed of donation
dated January 16, 1973, in favor of Mercedes contained the
following:

“That for and in consideration of the love and affection which the
Donor inspires in the Donee and as an act of liberality and
generosity, the Donor hereby gives, donates, transfer and conveys
by way of donation unto the herein Donee, her heirs, assigns and
successors, the above-described parcels of land;
That it is the condition of this donation that the Donor shall
continue to enjoy all the fruits of the land during his lifetime and
www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 7/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

that of his spouse and that the donee cannot sell or otherwise,
dispose of the lands without the prior consent and approval by the
Donor and her spouse during their lifetime.
xxx
That for the same purpose as hereinbefore stated, the Donor
further states that he has reserved for himself sufficient
properties in full ownership or in usufruct enough for his
maintenance of a decent livelihood in consonance with his
standing in society.
That the Donee hereby accepts the donation and expresses her
thanks 13and gratitude for the kindness and generosity of the
Donor.”

Note first that the granting clause shows that Diego

donated the properties out of love and affection 14
for the
donee. This is a mark of a donation inter vivos. Second,
the reservation of lifetime usufruct indicates that the donor
intended to transfer the naked ownership over the
properties. As correctly posed by the Court of Appeals,
what was the need for such reservation if the donor and his
spouse remained the owners of the properties? Third, the
donor reserved sufficient properties for his maintenance in
accordance with his standing in society, indicating15that the
donor intended to part with the six parcels of land. Lastly,
the donee accepted the donation. In the case of Alejandro
vs. Geraldez, 78 SCRA 245 (1977), we said

___________

12 Alejandro vs. Geraldez, 78 SCRA 245, 261 (1977).

13 Records, p. 66 (back page).
14 Vita vs. Montanano, 194 SCRA 180, 190 (1991).
15 Reyes vs. Mosqueda, 187 SCRA 661, 671 (1990); Concepcion vs.
Concepcion, 91 Phil. 823, 827 (1952).

112

112 SUPREME COURT REPORTS ANNOTATED

Gestopa vs. Court of Appeals

that a acceptance clause is a mark that the donation is

inter vivos. Acceptance is a requirement for donations inter
vivos. Donations mortis causa, being in the form of a will,
are not required to be accepted by the donees during the
donors’ lifetime.
Consequently, the Court of Appeals did not err in
concluding that the right to dispose of the properties
belonged to the donee. The donor’s right to give consent
www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 8/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

was merely intended to protect his usufructuary interests.

In Alejandro, we ruled that a limitation on the right to sell
during the donors’ lifetime implied that ownership had
passed to the donees and donation was already effective
during the donors’ lifetime.
The attending circumstances in the execution of the
subject donation also demonstrated the real intent of the
donor to transfer the16
ownership over the subject properties
upon its execution. Prior to the execution of donation inter
vivos, the Danlag spouses already executed three donations
mortis causa. As correctly observed by the Court of
Appeals, the Danlag spouses were aware of the difference
between the two donations. If they did not intend to donate
inter vivos, they would not again donate the four lots
already donated mortis causa. Petitioners’ counter
argument that this proposition was erroneous because six
years after, the spouses changed their intention with the
deed of revocation, is not only disingenious but also
fallacious. Petitioners cannot use the deed of revocation to
show the spouses’ intent because its validity is one of the
issues in this case.
Petitioners aver that Mercedes’ tax declarations in her
name can not be a basis in determining the donor’s intent.
They claim that it is easy to get tax declarations from the
government offices such that tax declarations are not
considered proofs of ownership. However, unless proven
otherwise, there is a presumption
17
of regularity in the
performance of official duties. We find that petitioners did
not overcome this presumption of regularity in the issuance
of the tax declarations. We also note that the Court of
Appeals did not refer to the tax declarations as proofs of
ownership but only as evidence of the intent by the donor
to transfer ownership.

_________________

16 Sicad vs. CA, 294 SCRA 183, 191 (1998).

17 Revised Rules of Court, Rule 131, Sec. 3(m).

113

VOL. 342, OCTOBER 5, 2000 113

Gestopa vs. Court of Appeals

Petitioners assert that since private responsdent purchased

two of the six parcels of land from the donor, she herself did
not believe the donation was inter vivos. As aptly noted by

www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 9/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

the Court of Appeals, however, it was private respondent’s

husband who purchased the two parcels of land.
As a rule, a finding of fact by the appellate court,
especially when18
it is supported by evidence on record, is
binding on us. On the alleged purchase by her husband of
two parcels, it is reasonable to infer that the purchase was
without private respondent’s consent. Purchase by her
husband would make the properties conjugal to her own
disadvantage. That the purchase is against her self-
interest, weighs strongly in her favor and gives credence to
her claim that her husband was manipulated and unduly
influenced to make the purchase, in the first place.
Was the revocation valid? A valid donation, once
accepted, becomes irrevocable, except on account of
officiousness, failure by the donee to comply with 19
the
charges imposed in the donation, or ingratitude. The
donor-spouses did not invoke any of these reasons in the
deed of revocation. The deed merely stated:

“WHEREAS, while the said donation was a donation Inter Vivos,

our intention thereof is that of Mortis Causa so as we could be
sure that in case of our death, the above-described properties will
be inherited and/or succeeded by Mercedes Danlag de Pilapil; and
that said intention is clearly shown in paragraph 3 of said
donation to the effect that the Donee cannot dispose and/or sell
the properties donated during our20life-time, and that we are the
one enjoying all the fruits thereof.”

Petitioners cited Mercedes’ vehemence in prohibiting the

donor to gather coconut trees and her filing of instant
petition for quieting of title. There is nothing on record,
however, showing that private respondent prohibited the
donors from gathering coconuts. Even assuming that
Mercedes prevented the donor from gathering coconuts,
this could hardly be considered an act covered by Article

____________

18 Guerrero vs. Court of Appeals, 285 SCRA 670, 678 (1998).

19 Vda. de Arceo vs. CA, 185 SCRA 489, 497 (1990); Alejandro vs.
Geraldez 78 SCRA 245, 267 (1977).
20 Rollo, p. 79.

114

114 SUPREME COURT REPORTS ANNOTATED

Gestopa vs. Court of Appeals

21
www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 10/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342
21
765 of the Civil Code. Nor does this Article cover
respondent’s filing of the petition for quieting of title,
where she merely asserted what she believed was her right
under the law.
Finally, the records do not show that the donor-spouses
instituted any action to revoke the donation
22
in accordance
with Article 769 of the Civil Code. Consequently, the
supposed revocation on September 29, 1979, had no legal
effect.
WHEREFORE, the instant petition for review is
DENIED. The assailed decision of the Court of Appeals
dated August 31, 1993, is AFFIRMED.
Costs against petitioners.
SO ORDERED.

          Bellosillo (Chairman), Mendoza, Buena and De

Leon, Jr., JJ., concur.

Petition denied, judgment affirmed.

Note.—Collation mandated under Article 1061 of the

Civil Code contemplates properties conveyed inter vivos by
the decedent to an heir by way of donation or other
gratuitous title. (Sanchez vs. Court of Appeals, 279 SCRA
647 [1997])

——o0o——

___________

21 Art. 765. The donation may also be revoked at the instance of the
donor, by reason of ingratitude in the following cases: (1) If the donee
should commit some offense against the person, the honor or the property
of the donor, or of his wife or children under his parental authority; (2) If
the donee imputes to the donor any criminal offense, or any act involving
moral turpitude, even though he should prove it, unless the crime or the
act has been committed against the donee himself, his wife or children
under his authority; (3) If he unduly refuses him support when the donee
is legally or morally bound to give support to the donor.
22 Article 769. The action granted to the donor by reason of ingratitude
cannot be renounced in advance. This action prescribes within one year, to
be counted from the time the donor had knowledge of the fact and it was
possible for him to bring the action.

115

www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 11/12
7/1/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 342

© Copyright 2019 Central Book Supply, Inc. All rights reserved.

www.central.com.ph/sfsreader/session/0000016bac35f3edeb5648ab003600fb002c009e/t/?o=False 12/12