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    Elvira Arangote Vs Spouses Martin and Lourdes Maglunob and Romeo Salido

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    Charmila Siplon
    Elvira Arangote acquired land through an affidavit from Esperanza Maglunob, who was a co-owner along with other heirs. Esperanza renounced her rights to the land in favor of Elvira through this affidavit. However, respondents claim they are also co-owners through inheritance. The MTC ruled for Elvira but the RTC and CA reversed, declaring respondents as co-owners. The Supreme Court affirmed, finding that the affidavit did not constitute a valid donation to Elvira as it did not comply with the requirements of being a public instrument, having acceptance in the same or separate instrument, and notification of the donor. Specifically, Elvira did not accept in a public instrument and

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    Elvira Arangote Vs Spouses Martin and Lourdes Maglunob and Romeo Salido

    Uploaded by

    Charmila Siplon
    154 views2 pages
    Elvira Arangote acquired land through an affidavit from Esperanza Maglunob, who was a co-owner along with other heirs. Esperanza renounced her rights to the land in favor of Elvira through this affidavit. However, respondents claim they are also co-owners through inheritance. The MTC ruled for Elvira but the RTC and CA reversed, declaring respondents as co-owners. The Supreme Court affirmed, finding that the affidavit did not constitute a valid donation to Elvira as it did not comply with the requirements of being a public instrument, having acceptance in the same or separate instrument, and notification of the donor. Specifically, Elvira did not accept in a public instrument and

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    Elvira Arangote vs Spouses Martin and Lourdes Maglunob and Romeo Salido Digest

    Original Title

    Elvira Arangote vs Spouses Martin and Lourdes Maglunob and Romeo Salido

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    Elvira Arangote acquired land through an affidavit from Esperanza Maglunob, who was a co-owner along with other heirs. Esperanza renounced her rights to the land in favor of Elvira through this affidavit. However, respondents claim they are also co-owners through inheritance. The MTC ruled for Elvira but the RTC and CA reversed, declaring respondents as co-owners. The Supreme Court affirmed, finding that the affidavit did not constitute a valid donation to Elvira as it did not comply with the requirements of being a public instrument, having acceptance in the same or separate instrument, and notification of the donor. Specifically, Elvira did not accept in a public instrument and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    154 views2 pages

    Elvira Arangote Vs Spouses Martin and Lourdes Maglunob and Romeo Salido

    Uploaded by

    Charmila Siplon
    Elvira Arangote acquired land through an affidavit from Esperanza Maglunob, who was a co-owner along with other heirs. Esperanza renounced her rights to the land in favor of Elvira through this affidavit. However, respondents claim they are also co-owners through inheritance. The MTC ruled for Elvira but the RTC and CA reversed, declaring respondents as co-owners. The Supreme Court affirmed, finding that the affidavit did not constitute a valid donation to Elvira as it did not comply with the requirements of being a public instrument, having acceptance in the same or separate instrument, and notification of the donor. Specifically, Elvira did not accept in a public instrument and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    DONATION

    Article 728, 729, 748 and 749

    Elvira Arangote vs. Spouses Martin and Lourdes Maglunob and Romeo Salido;

    FACTS:

    Elvira Arangote acquired the subject parcel of land from Esperanza Maglunob, who is
    grand aunt of respondents Martin Maglunob and Romeo Salido. In June 1986, Esperenza executed
    an affidavit in which she renounced her rights, share and participation in the land in favor of Elvira
    and her husband. It appears that the lot was not exclusive property of Esperanza but also of the
    other heirs of Martin I whom she r e p r e s e n t e d i n t h e p a r t i t i o n a g r e e m e n t . E l v i r a
    a n d h e r husband, Ray constructed a house on the land in 1989 and in 1993, OCT was issued
    in her name by the DAR. However, respondents with the help of hired persons entered the
    property and built a wall behind and in front of Elviras house. Elvira and Ray sued
    respondents for quieting of title and declaration of ownership. Respondents averred
    that they were co-owners of the land with Esperanza who allegedly inherited the land
    from Martin 1 together with Tomas and Inocencia (Martin 2s and Romeos predecessor in
    interest). They argued that Esperanza could not have validly waived her rights in favor of Elvira
    and Ray. M C T C r u l e d f o r E l v i r a . R T C r e v e r s e d M C T C a n d d e c l a r e d respondents
    lawful owners of the land together with the other heirs of Martin I. Elvira went to the CA but the
    CA affirmed the RTC decision. Before SC, Elvira argued that both RTC and CA erred in declaring
    the affidavit of Esperanza void because it is a valid and bindi ng proof of transfer of
    ownership of the subject property as it was coupled with actual delivery.

    ISSUE: Whether or not the donation to Elvira and her husband is valid.

    HELD: Supreme Court affirmed the decision of CA. SC ruled that the affidavit
    executed by Esperanza wherein she r e n o u n c e d , r e l i n q u i s h e d a n d w a i v e d a l l h e r
    r i g h t s , s h a r e , i n t e r e s t a n d participation in the subject property in favor of Elvira
    and Ray is in fact a donation. Thus, it should have complied with the requirements of Article
    749 of the Civil Code.

    A simple donation of real property to be valid:


    1) Must be made in a public instrument;
    2) It must be accepted, which must be in the same deed of donation or in a separate public
    instrument;
    3) If the acceptance is made in a separate instrument, the donor must be notified in authentic form
    and the same must be noted in both instruments.

    The affidavit executed by Esperanza relinquishing her rights, share and participation over the
    property in favor of Elvira suffered from legal infirmities. In Sumipat vs. Banga, the
    Court ruled that title to immovable does not pass from the donor to the done by virtue of a Deed
    of Donation until and unless it has been accepted in a public instrument and the donor duly
    notified thereof. In this case, the acceptance of the donation was not made by Elvira
    either in the same affidavit or in a separate public instrument. Neither was there notice of
    acceptance given to the donor, therefore the donation is void

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