Question 1

When is donation deemed perfected?

Accepted Answer

A donation is deemed perfected when the donor is informed of the donee's acceptance, as acceptance is necessary for the donation to be complete.

Question 2

The deed of donation by A in favor of B states: "Donation Inter Vivos" but there is a provision that although the land donated shall be delivered to the donee immediately upon perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After the donor's death, the heirs sought to recover the property. Will the action prosper?

Accepted Answer

The donation is characterized as a donation mortis causa because it specifies that the property will pass to the donee after the death of the donor, which necessitates compliance with the formalities of a will. Since it did not comply with these formalities, it is considered void.

Question 3

A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid?

Accepted Answer

The donation is not valid because, according to Article 737, the donor's capacity is determined at the time of making the donation. However, Article 734 states that a donation is perfected only when the donor knows of the acceptance, which did not happen while A was sane.

Question 4

State the nature of this donation: "I hereby donate to X "mortis causa" a 1000 square meter lot worth ₱10M subject to the condition that this donation shall be deemed revoked if he fails to build a house on the land worth ₱1M within one (1) year from date hereof and delivery shall be made after my death."

Accepted Answer

This is a donation inter vivos because it imposes a condition that must be fulfilled by the donee while the donor is still alive (building a house worth ₱1M within one year). The fact that delivery is to be made after the donor's death does not change its nature, as the condition precedent requires action prior to that event.

Question 5

"I hereby donate to A" a parcel of land subject to the condition that he will support me for the rest of my life, shoulder my hospitalization and burial expenses." What is the nature of the donation?

Accepted Answer

The donation is considered onerous because the obligation to support the donor, cover hospitalization, and burial expenses is seen as a form of consideration for the donation, making it an onerous donation inter vivos as per the definitions and references provided in the Civil Code and relevant case law.

Question 6

A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid?

Accepted Answer

A donation of immovable property must be in a public instrument to be valid. An oral donation of a house and lot is void because it does not comply with the formal requirement of being in writing and in a public instrument.

Question 7

A executed a deed of donation to the DECS subject to the condition that it be devoted for educational purposes. The DECS did not accept it in the same instrument or in an authentic writing but took possession of the property and constructed a school building. Twenty (20) years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke the donation?

Accepted Answer

The acceptance of the donation by DECS can be inferred from its possession of the property and compliance with the condition of the donation by constructing a school building. This action demonstrates acceptance through conduct, fulfilling the condition attached to the donation.

Question 8

May a person sell that which he does not own?

Accepted Answer

Generally, a person cannot sell something they do not own because they cannot transfer ownership of something they do not have. However, there are exceptions where a sale can be valid if the seller acquires the ownership of the item before or at the time of delivery to the buyer. This is known as a sale under a condition precedent, where the condition is that the seller must own the item at the time of delivery.

Question 9

May a person donate that which he does not own?

Accepted Answer

In general legal principles, a person cannot donate what they do not own because they cannot transfer ownership of something they themselves do not have rights to. This is a fundamental concept in property law, where the ability to donate or transfer property is predicated on the ownership of that property.

Question 10

May an oral donation propter nuptias be the basis of a title?

Accepted Answer

An oral donation propter nuptias may be the basis of a title through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459).

Question 11

A executed a deed of donation in favor of B who accepted it. It however states that the donation will take effect upon A's death and B cannot alienate, but it further states that B can register the deed and obtain a title. What is the nature of the donation?

Accepted Answer

The answer of A executed a deed of donation in...

Question 12

A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid?

Accepted Answer

The sale is not valid because the donation had a condition attached to it, and the failure to comply with that condition does not automatically revoke the donation unless there's a specific clause stating so. Without an automatic revocation clause, the original donation to B still stands, making the sale to C invalid.

Question 13

What is the status of a conditional donation if the condition imposed is unlawful?

Accepted Answer

The donation remains valid, but the unlawful condition is treated as if it were not imposed, preserving the integrity of the donation itself while disregarding the illegal condition.

Question 14

What kind of donation requires compliance with the elements of a valid will?

Accepted Answer

Donations mortis causa are donations that take effect upon the death of the donor, similar to a will, and therefore must comply with the legal formalities required for a valid will.

Question 15

What is the effect if there is an illegal and impossible condition in a simple donation?

Accepted Answer

The answer of What is the effect if there is...

Question 16

Is a swimming pool an attractive nuisance?

Accepted Answer

The answer of Is a swimming pool an attractive nuisance?
...

Question 17

A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?

Accepted Answer

The court may grant the probate and consider it a holographic will because a holographic will, which is written, dated, and signed in the handwriting of the testator, does not require witnesses or notarization to be valid. This option allows for the possibility that the will's validity could be upheld based on its holographic nature, despite issues with the witnessing process.

Question 18

The following are the questions which a probate court can determine, except:

Accepted Answer

Probate courts primarily handle matters related to the administration of estates, including the validity and execution of wills and the capacity of the testator. They do not typically handle questions regarding the validity and nature of contracts unless those questions are directly related to the estate or will in question.

Question 19

Of the enumeration below, which is not a limitation of fideicommissary substitution?

Accepted Answer

The answer of Of the enumeration below, which is not...

Question 20

In the will of Doña A, one of the beneficiaries is the wife of the minister who rendered aid to the testator during the latter's illness. Is she qualified?

Accepted Answer

The law specifically extends the disqualification to relatives within the fourth degree as well as to the church, order, chapter, community, or institution to which the minister belongs, making the wife of the minister qualified as a beneficiary.

Quiz 16: Donation, Probate, and Reserva Troncal in Philippine Law