2015 Bar Q. - Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and who accepted the donation. The donation and Maria's acceptance thereof were evidenced by a Deed of Donation. Maria then lived in the house and lot donated to her, religiously paying real estate taxes thereon. Twelve years later, when Jose had already passed away, a woman claiming to be an illegitimate daughter of Jose filed a complaint against Maria. Claiming rights as an heir, the woman prayed that Maria be ordered to reconvey the house and lot to Jose's estate. In her complaint she alleged that the notary public who notarized the Deed of Donation had an expired notarial commission when the Deed of Donation was executed by Jose. Can Maria be made to reconvey the property?Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and who accepted the donation. The donation and Maria's acceptance thereof were evidenced by a Deed of Donation. Maria then lived in the house and lot donated to her, religiously paying real estate taxes thereon. Twelve years later, when Jose had already passed away, a woman claiming to be an illegitimate daughter of Jose filed a complaint against Maria. Claiming rights as an heir, the woman prayed that Maria be ordered to reconvey the house and lot to Jose's estate. In her complaint she alleged that the notary public who notarized the Deed of Donation had an expired notarial commission when the Deed of Donation was executed by Jose. Can Maria be made to reconvey the property? What can she put up as a defense?
2013 Bar Q. - Josefa executed a deed of donation covering a one-hectare rice land in favor of her daughter, Jennifer. The deed specifically provides that: "For and in consideration of the love and service Jennifer has shown and given to me, I hereby freely, voluntarily and irrevocably donate to her my one-hectare rice land covered by TCT No. 11550, located in San Fernando, Pampanga. This donation shall take effect upon my death." The deed also contained Jennifer's signed acceptance, and an attached notarized declaration by Josefa and Jennifer that the land will remain in Josefa's possession and cannot be alienated, encumbered, sold or disposed of while Josefa is still alive. Advise Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the reasons supporting your advice.
2010 Bar Q. - A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B was, however, out of the country at the time. For the donation to be valid:
2022 Bar Q. - In 2014, a wealthy young couple, the spouses Tan, moved by the spirit of generosity and love for their hometown in Siquijor, decided to donate a one-hectare lot in favor of the province of Siquijor. The Deed of Donation pertinently provides: “The herein DONORS hereby voluntarily and freely give, transfer and convey, by way of unconditional donation, unto said DONEE, all of the rights, title and interest which the aforesaid DONORS have or which pertain to them and which they owned exclusively in the above-described real property over a one hectare portion of the same, solely for hospital site only and for no other purpose, where a provincial government hospital shall be constructed.” The donation was recorded in the Registry of Deeds, and a certificate of title to the property was transferred to the province of Siquijor. In accordance with the Deed of Donation, the construction of a hospital building was started in the following year. However, for reasons unknown, only the foundation of the hospital building has, to this day, been completed. Do the spouses Tan have valid grounds to revoke the donation?
2014 Bar Q. - The Roman Catholic Church accepted a donation of a real property located in Lipa City. A deed of donation was executed, signed by the donor, Don Mariano, and the donee, the Church, as represented by Fr. Damian. Before the deed could be notarized, Don Mariano died. Is the donation valid?
By • August 12, 2025