EDUARTE V. COURT OF APPEALS 253 SCRA 391, FEBRUARY 9, 1996   TOPIC/DOCTRINE All crimes which offend the donor show ingratitude and are causes for revocation.   FACTS Pedro Calapine was the registered owner of a parcel of land. He executed a deed of donation inter vivos of ½ of the land to his niece, Helen Doria. Subsequently, he executed another deed of donation inter vivos ceding the other ½ of the property to Helen Doria. Helen Doria donated a protion of the lot (157 sqm) to the Calauan Christian Reformed Church. Helen Doria sold and conveyed the remaining portion save some 700 meters for his residence. Pedro Calapine sought to annul the sale and donation to eduarte and CCRC on the ground that the deed of donation was a forgery and that Doria was unworthy of his liberality claiming ingratitude (commission of offense against the person, honor or property of donor [par. 1])   ISSUE W/N the falsification of public document committed by Doria is an act o...

ROMAN CATHOLIC ARCHBISHOP OF MANILA V. COURT OF APPEALS 198 SCRA 300, JUNE 19, 1991   TOPIC/DOCTRINE Validity of a stipulation in the deed of donation providing for the automatic reversion of the donated property to the donor upon non-compliance of the condition was upheld in the recent case of De Luna et. al, vs Abrigo, et. al. Although the donor may impose certain conditions in the deed of donation, the same must not be contrary to law, morals, good customs, public order and public policy.   FACTS The cause of action of private respondents is based on the alleged breach by petitioners of the resolutory condition in the deed of donation that the property donated should not be sold within a period of one hundred (100) years from the date of execution of the deed of donation. Said condition, in our opinion, constitutes an undue restriction on the rights arising from ownership of petitioners and is, therefore, contrary to public policy.   ISSUE Whether...

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 do...

PERSHING TAN QUETO V. COURT OF APPEALS 148 SCRA 54, FERUARY 27, 1987   TOPIC/DOCTRINE Oral donation of an immovable property to be valid must be made in a public instrument as provided for in the Civil Code   FACTS 1.     that Restituta Tagalinar Guangco de Pombuena (RESTITUTA, for short) received the questioned lot (no. 304-B), of the Cadastre Survey of the Municipality of Centro, Misamis Occidental, either as a purported donation or by way of purchase on (February 11, 1927)  (with P50.00) as the alleged consideration thereof; 2.     that the transaction took place during her mother's lifetime, her father having pre-deceased the mother; 3.     that the donation or sale was consummated while RESTITUTA was already married to her husband Juan Pombuena (JUAN, for short); 4.     that on January 22, 1935, JUAN filed for himself and his supposed co-owner RESTITUTA an application for a Torrens Title ...

LIGUEZ V. COURT OF APPEALS 102 PHIL. 577, DECEMBER 18, 1957   TOPIC/DOCTRINE The same view is held by the Supreme Court of Spain, in its decisions of February 4, 1941, and December 4, 1946, holding that the motive may be regarded as  causa when it predetermines the purpose of the contract.   FACTS The case began upon complaint filed by petitioner-appellant against the widow and heirs of the late Salvador P. Lopez to recover a parcel of 51.84 hectares of land, situated in Barrio Bogac-Linot, of the municipality of Mati, Province of Davao. Plaintiff averred to be its legal owner, pursuant to a deed of donation of said land, executed in her favor by the late owner, Salvador P. Lopez, on 18 May 1943. The defense interposed was that the donation was null and void for having an illicit  causa or consideration, which was plaintiff's entering into marital relations with Salvador P. Lopez, a married man; and that the property had been adjudicated to th...

REYES V. MOSQUEDA 187 SCRA 661, JULY 23, 1990   TOPIC/DOCTRINE As early as the case of Laureta v. Manta, et al., (44 Phil. 668 [1928]) this Court ruled that the dispositions in a deed of donation—whether “inter vivos” or “mortis causa” do not depend on the title or term used in the deed of donation but on the provisions stated in such deed.   FACTS Dr. Emilio Pascual died intestate and without issue on November 18, 1972. He was survived by his sister, Ursula Pascual and the children of his late sisters as follows: (1) Maria Pascual Reyes—Ruperto Reyes and Jose Reyes; (2) Ines Pascual Reyes—Jose P. Reyes, Benito Reyes, and Marina Reyes Manalastas; (3) Josefa Pascual Reyes—Augusto Reyes and Benjamin Reyes; and (4) Escolastica Pascual Dalusong (half-blood)—Pedro Dalusong. On December 3, 1973, the heirs of Dr. Pascual filed Special Proceedings No. 73-30-M in the then Court of First Instance of Pampanga for the administration of his estate. On February 12, 1976, U...

DE LUNA V. ABRIGO 181 SCRA 150, JANUARY 18, 1990   TOPIC/DOCTRINE Article 764 of the New Civil Code does not apply to onerous donations in view of the specific provision of Article 733 providing that onerous donations are governed by the rules on Contracts.   FACTS It is the finding of the trial court, which is not disputed by the parties, that the donation subject of this case is one with an onerous cause. It was made subject to the burden requiring the donee to construct a chapel, a nursery and a kindergarten school in the donated property within five years from execution of the deed of donation. On September 23, 1980, herein petitioners, Evelyn, Rosalina, Prudencio, Jr., Willard, Antonio and Joselito, all surnamed de Luna, who claim to be the children and only heirs of the late Prudencio de Luna who died on August 18, 1980, filed a complaint (pp. 14-17,  Rollo ) with the Regional Trial Court of Quezon alleging that the terms and conditions of the donati...

ACAP V. COURT OF APPEALS 251 SCRA 30, DECEMBER 7, 1995   TOPIC/DOCTRINE An asserted right or claim to ownership or a real right over a thing arising from a juridical act, however justified, is not per se sufficient to give rise to ownership over the res—that right or title must be completed by fulfilling certain conditions imposed by law.   FACTS Felixberto Oruma sold his inherited land to Cosme Pido, which land is rented by petitioner Teodoro Acap. When Cosme died intestate, his heirs executed a “Declaration of Heirship and Waiver of Rights” in favor of private respondent Edy delos Reyes. Respondent informed petitioner of his claim over the land, and petitioner paid the rental to him in 1982. However, in subsequent years, petitioner refused to pay the rental, which prompted respondent to file a complaint for the recovery of possession and damages. Petitioner averred that he continues to recognize Pido as the owner of the land, and that he will pay the accumula...

DE GARCIA VS. CA   TOPIC/DOCTRINE If the possessor of a movable loss of which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor.   FACTS  Guevara seeks recovery of one (1) lady's diamond ring 18 cts. white gold mounting, with one (1) 2.05 cts. diamond-solitaire, and four (4) brills 0.10 cts. total weight' which she bought on October 27, 1947 from R. Rebullida, Inc. She recognized the ring on the finger of Mrs. Garcia and asked where she bought it. 3 days after, she had Mr. Rebullida, who sold the ring and had 30 years of experience, examine the ring with the aid of a high-power lens and confirm that it was the same ring bought from him. Evidence shows it was purchased by Garcia from Mrs. Miranda who got it from Miss Angelita Hinahon who in turn got it from the owner, Aling Petring who cannot be located. The ring now had a diamond-solitaire 2....

METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM VS. COURT OF APPEALS,  G.R. NO. L-54526, AUGUST 25, 1988.    TOPIC/DOCTRINE Article 449 of the Civil Code of the Philippines provides that “he who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.” The right given a possessor in bad faith is to remove improvements applies only to improvements for pure luxury or mere pleasure, provided the thing suffers no injury thereby and the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession (Article 549, Id.).   FACTS  The City of Dagupan (City) filed a case for recovery of ownership, possession and control of the Dagupan Waterworks System (DWS) against National Waterworks and Sewerage Authority (NAWASA) now known as Metropolitan Waterworks and  Sewerage System (MWSS).  In NAWASA’...

CRUZ V. PANDACAN HIKER’S CLUB, INC.   TOPIC/DOCTRINE Nuisance Per Se may be summarily abated Nuisance Per Accidens cannot be abated without due hearing   FACTS Natividad Cruz, Barangay Chairperson, ordered Barangay Tanod Benjamin dela Cruz to destroy a basketball ring by cutting it up with a hacksaw. Cruz alleged that the basketball court affected the peace in the barangay and was the subject of many complaints from residents asking for its closure.   ISSUE Whether the subject basketball ring is a Nuisance Per Se or Nuisance Per Accidens   RULING Nuisance Per Accidens. The court ruled that a basketball ring per se poses no immediate harm or danger to anyone. By its nature, a basketball ring is not injurious to rights of property, of health or of comfort of the community. A basketball ring does not pose an immediate effect upon the safety of persons or property.   Lawyal (@lawyalstudent)

HIDALGO ENTERPRISES, INC. VS BALANDAN G.R. NO. L-3422, JUNE 13, 1952   TOPIC/DOCTRINE The attractive nuisance doctrine generally is not applicable to bodies of water, artificial as well as natural, in the absence of some unusual condition or artificial feature other than the mere water and its location.   FACTS Hidalgo Enterprises, Inc. "was the owner of an ice-plant factory in the City of San Pablo, Laguna, in whose premises were installed two tanks full of water, nine feet deep, for cooling purposes of its engine. The factory was fenced; however, anyone could easily enter the factory because there was no guard assigned on the gate. The tanks were also not provided with any fence or covers. Guillermo Bandalan and Anselma Anila’s son, Mario, barely eight years old, entered the factory’s premises through the gate to take a bath in one of the tanks and while thus bathing, Mario sank to the bottom of the tank, only to be fished out later, already a cadaver, having...

ROBLES VS COURT OF APPEALS 328 SCRA 97, G.R. No. 123509, March 14, 2000   TOPIC/DOCTRINE It is a fundamental principle that a co-owner cannot acquire by prescription the share of other co-owners, absent any clear repudiation of ownership .   FACTS Hilario, a co-owner of land who has been the sole payor of the real estate taxes for more than 20 years.   ISSUE Whether Hilario has acquired through prescription the share of other co-owners who are his siblings.   RULING No. The court ruled that it is a fundamental principle that a co-owner cannot acquire by prescription the share of other co-owners, absent any clear repudiation of ownership . In order that the title may prescribe in favor of a co-owner, the following requisites must concur: (1) the co-owner has performed unequivocal acts of repudiation amounting to an ouster of the other co-owners; (2) such positive acts of repudiation have been made known to the other co-owners; and (3) the e...