LAW ON PROPERTY | CRUZ V. COURT OF APPEALS 140 SCRA 245, NOVEMBER 22, 1985

CRUZ V. COURT OF APPEALS

140 SCRA 245, NOVEMBER 22, 1985

 

TOPIC/DOCTRINE

Annulment or reduction of donation in case of subsequent adoption of a minor by one who had previously donated some or all of his properties to another, is within four (4) years from date of adoption if the donation impairs the legitime of the adopted.

 

FACTS

In 1973, Eduvigis J. Cruz, a childless widow, donated a 235.5 sq.m. residential lot in San Isidro, Taytay, Rizal together with the two-door apartment erected thereon to her grandnieces, private respondents herein, in a deed of donation entitled "Kasulatan Sa Kaloobpala". The property was accordingly transferred to the names of private respondents. In 1974, Eduvigis Cruz judicially adopted Cresencia Ocreto, a minor, after which she extrajudicially tried to revoke the donation, but the donees resisted, alleging that—

(a)the property in question was co-owned by Eduvigis Cruz and her brother, the late Maximo Cruz, grandfather of the donees, hence the latter own 1/2 of the property by inheritance; and

(b)Eduvigis Cruz owns another property, an agricultural land of more than two hectares situated in Barrio Dolores, Taytay, Rizal, hence the donation did not impair the presumptive legitime of the adopted child.

 

ISSUE

Whether there is basis for the petition.

 

RULING

None.

The court ruled that annulment or reduction of donation in case of subsequent adoption of a minor by one who had previously donated some or all of his properties to another, is within four (4) years from date of adoption if the donation impairs the legitime of the adopted. Donor has the burden to allege and establish the requirements prescribed by law for which the annulment or reduction of the donation can be based.

Here, the court ruled that unfortunately, in the case at bar, the complaint for annulment does not allege that the subject donation impairs the legitime of the adopted child. Indeed it contains no indication at all of the total assets of the donor. Nor is there proof of impairment of legitime. On the contrary, there is unrebutted evidence that the donor has another piece of land (27,342 sq. m.) situated in Dolores, Taytay, Rizal worth P273,420.00 in 1977, although then subject to litigation. The legal situation of petitioner-donor, as plaintiff, is made worse by the factual finding of the Court of Appeals that the grandfather of the donees was the owner pro indiviso of one-half of the donated land, the effect of which is to reduce the value of the donation which can then more easily be taken from the portion of the estate within the free disposal of petitioner.







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