Villanueva v. Froilan

SUPREME COURT REPORTS ANNOTATED VOLUME 640 11/8/19, 12:19 PM
Note.·It is only in highly meritorious cases that the

Court opts not to strictly apply the rules and thus prevent
a grave injustice from being done. (Roos Industrial
Construction, Inc. vs. National Labor Relations
Commission, 543 SCRA 666 [2008])
··o0o··
G.R. No. 172804. January 24, 2011.*
GONZALO VILLANUEVA, represented by his heirs,

petitioner, vs. SPOUSES FROILAN and LEONILA
BRANOCO, respondents.
Civil Law; Property; Donation; RodrigoÊs acceptance of the

transfer underscores its essence as a gift in presenti, not in futuro, as
only donations inter vivos need acceptance by the recipient.·It is
immediately apparent that Rodrigo passed naked title to Rodriguez
under a perfected donation inter vivos. First. Rodrigo stipulated
that „if the herein Donee predeceases me, the [Property] will not be
reverted to the Donor, but will be inherited by the heirs of x x x
Rodriguez,‰ signaling the irrevocability of the passage of title to
RodriguezÊs estate, waiving RodrigoÊs right to reclaim title. This
transfer of title was perfected the moment Rodrigo learned of
RodriguezÊs acceptance of the disposition which, being reflected in
the Deed, took place on the day of its execution on 3 May 1965.
RodrigoÊs acceptance of the transfer underscores its essence as a gift
in presenti, not in futuro, as only donations inter vivos need
acceptance by the recipient. Indeed, had Rodrigo wished to retain
full title over the Property, she could have easily stipulated, as the
testator did in another case, that „the donor, may transfer, sell, or
encumber to any person or entity the properties here donated x x x‰
or used words to that effect. Instead, Rodrigo expressly waived title
over the Property in case Rodriguez predeceases her.
_______________
http://www.central.com.ph/sfsreader/session/0000016e4936ef1dfa93ad24003600fb002c009e/p/ARK066/?username=Guest Page 1 of 16
* SECOND DIVISION.
309
VOL. 640, JANUARY 24, 2011 309
Villanueva vs. Branoco
Same; Same; Same; The designation of the donation as mortis

causa, or a provision in the deed to the effect that the donation is Âto
take effect at the death of the donorÊ are not controlling criteria [but]
x x x are to be construed together with the rest of the instrument, in
order to give effect to the real intent of the transferor; Doubts on the
nature of dispositions are resolved to favor inter vivos transfers „to
avoid uncertainty as to the ownership of the property subject of the
deed.‰·It will not do, therefore, for petitioner to cherry-pick
stipulations from the Deed tending to serve his cause (e.g. „the
ownership shall be vested on [Rodriguez] upon my demise‰ and
„devise‰). Dispositions bearing contradictory stipulations are
interpreted wholistically, to give effect to the donorÊs intent. In no
less than seven cases featuring deeds of donations styled as „mortis
causa‰ dispositions, the Court, after going over the deeds,
eventually considered the transfers inter vivos, consistent with the
principle that „the designation of the donation as mortis causa, or a
provision in the deed to the effect that the donation is Âto take effect
at the death of the donorÊ are not controlling criteria [but] x x x are
to be construed together with the rest of the instrument, in order to
give effect to the real intent of the transferor.‰ Indeed, doubts on the
nature of dispositions are resolved to favor inter vivos transfers „to
avoid uncertainty as to the ownership of the property subject of the
deed.‰
Same; Same; Ownership; Prescription; The ten year ordinary
prescriptive period to acquire title through possession of real
property in the concept of an owner requires uninterrupted
possession coupled with just title and good faith.·Petitioner
anchors his contention on an unfounded legal assumption. The ten
year ordinary prescriptive period to acquire title through possession
of real property in the concept of an owner requires uninterrupted
possession coupled with just title and good faith. There is just title
when the adverse claimant came into possession of the property
through one of the modes recognized by law for the acquisition of

ownership or other real rights, but the grantor was not the owner or
could not transmit any right. Good faith, on the other hand, consists
in the reasonable belief that the person from whom the possessor
received the thing was the owner thereof, and could transmit his
ownership.
PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
310
310 SUPREME COURT REPORTS ANNOTATED

Sergio C. Sumayod for petitioner.

Jose C. Gonzales for respondents.
CARPIO, J.:
The Case
This resolves the petition for review1 of the ruling2 of the

Court of Appeals dismissing a suit to recover a realty.
The Facts
Petitioner Gonzalo Villanueva (petitioner), here

represented by his heirs,3 sued respondents, spouses
Froilan and Leonila Branoco (respondents), in the Regional
Trial Court of Naval, Biliran (trial court) to recover a 3,492
square-meter parcel of land in Amambajag, Culaba, Leyte
(Property) and collect damages. Petitioner claimed
ownership over the Property through purchase in July
1971 from Casimiro Vere (Vere), who, in turn, bought the
Property from Alvegia Rodrigo (Rodrigo) in August 1970.
Petitioner declared the Property in his name for tax
purposes soon after acquiring it.
In their Answer, respondents similarly claimed
ownership over the Property through purchase in July
1983 from Eufracia Rodriguez (Rodriguez) to whom Rodrigo
donated the Property in May 1965. The two-page deed of
donation (Deed), signed at the bottom by the parties and

two witnesses, reads in full:
_______________
1 Under Rule 45 of the 1997 Rules of Civil Procedure.

2 Decision dated 6 June 2005 and Resolution dated 5 May 2006 per by
Associate Justice Vicente L. Yap with Associate Justices Isaias P.
Dicdican and Enrico A. Lanzanas, concurring.
3 Petitioner, who died while the case was litigated in the Court of
Appeals, is represented by Isidra Kikimen Vda. De Villanueva, Josephine
Kikimen-Haslam, Fermin Kikimen, Victorio Kikimen, Merlinda
Kikimen-Yu, and Fortunila Villanueva.
311
VOL. 640, JANUARY 24, 2011 311

KNOW ALL MEN BY THESE PRESENTS:
That I, ALVEGIA RODRIGO, Filipino, of legal age, widow of the

late Juan Arcillas, a resident of Barrio Bool, municipality of Culaba,
subprovince of Biliran, Leyte del Norte, Philippines, hereby depose
and say:
That as we live[d] together as husband and wife with Juan
Arcillas, we begot children, namely: LUCIO, VICENTA,
SEGUNDINA, and ADELAIDA, all surnamed ARCILLAS, and by
reason of poverty which I suffered while our children were still
young; and because my husband Juan Arcillas aware as he was
with our destitution separated us [sic] and left for Cebu; and from
then on never cared what happened to his family; and because of
that one EUFRACIA RODRIGUEZ, one of my nieces who also
suffered with our poverty, obedient as she was to all the works in
our house, and because of the love and affection which I feel [for]
her, I have one parcel of land located at Sitio Amambajag, Culaba,
Leyte bearing Tax Decl. No. 1878 declared in the name of Alvegia
Rodrigo, I give (devise) said land in favor of EUFRACIA
RODRIGUEZ, her heirs, successors, and assigns together with all
the improvements existing thereon, which parcel of land is more or
less described and bounded as follows:
1. Bounded North by Amambajag River; East, Benito Picao;
South, Teofilo Uyvico; and West, by Public land; 2. It has an area of

3,492 square meters more or less; 3. It is planted to coconuts now
bearing fruits; 4. Having an assessed value of P240.00; 5. It is now
in the possession of EUFRACIA RODRIGUEZ since May 21, 1962
in the concept of an owner, but the Deed of Donation or that
ownership be vested on her upon my demise.
That I FURTHER DECLARE, and I reiterate that the land above
described, I already devise in favor of EUFRACIA RODRIGUEZ
since May 21, 1962, her heirs, assigns, and that if the herein Donee
predeceases me, the same land will not be reverted to the Donor,
but will be inherited by the heirs of EUFRACIA RODRIGUEZ;
That I EUFRACIA RODRIGUEZ, hereby accept the land above
described from Inay Alvegia Rodrigo and I am much grateful to her
and praying further for a longer life; however, I will give one half
(1/2) of the produce of the land to Apoy Alve during her lifetime.‰4
_______________
4 Records, p. 18.
312

Respondents entered the Property in 1983 and paid

taxes afterwards.
The Ruling of the Trial Court
The trial court ruled for petitioner, declared him owner

of the Property, and ordered respondents to surrender
possession to petitioner, and to pay damages, the value of
the PropertyÊs produce since 1982 until petitionerÊs
repossession and the costs.5 The trial court rejected
respondentsÊ claim of ownership after treating the Deed as
a donation mortis causa which Rodrigo effectively cancelled
by selling the Property to Vere in 1970.6 Thus, by the time
Rodriguez sold the Property to respondents in 1983, she
had no title to transfer.
_______________
5 In the Decision dated 18 August 2000 penned by Judge Enrique C.

Asis, the dispositive portion of which provides (Rollo, p. 93):
WHEREFORE, premises considered, this Court finds in favor of the
plaintiff as against the defendants, hereby declaring:
1. The plaintiff is the absolute owner of the property in
question;
2. The defendants are directed to surrender possession of the
property in question;
3. The defendants shall pay the plaintiff the value of the
harvest or produce of the land from 1982 until the land is actually
vacated;
4. To pay the plaintiff:
a) P 2,500.00 in litigation expenses; and
b) P 5,000.00 in attorneyÊs fees; and
5. To pay the costs of the suit.
6 Citing Article 957(2) of the Civil Code. („The legacy or devise shall
be without effect:
xxxx
(2) If the testator by any title or for any cause alienates the thing
bequeathed or any part thereof, it being understood that in the latter
case the legacy or devise shall be without effect only with respect to the
part thus alienated.‰)
313
VOL. 640, JANUARY 24, 2011 313

Respondents appealed to the Court of Appeals (CA),

imputing error in the trial courtÊs interpretation of the
Deed as a testamentary disposition instead of an inter vivos
donation, passing title to Rodriguez upon its execution.
Ruling of the Court of Appeals
The CA granted respondentsÊ appeal and set aside the

trial courtÊs ruling. While conceding that the „language of
the [Deed is] x x x confusing and which could admit of
possible different interpretations,‰7 the CA found the
following factors pivotal to its reading of the Deed as
donation inter vivos: (1) Rodriguez had been in possession
of the Property as owner since 21 May 1962, subject to the
delivery of part of the produce to Apoy Alve; (2) the DeedÊs

consideration was not RodrigoÊs death but her „love and
affection‰ for Rodriguez, considering the services the latter
rendered; (3) Rodrigo waived dominion over the Property in
case Rodriguez predeceases her, implying its inclusion in
RodriguezÊs estate; and (4) Rodriguez accepted the donation
in the Deed itself, an act necessary to effectuate donations
inter vivos, not devises.8 Accordingly, the CA upheld the
sale between Rodriguez and respondents, and, conversely
found the sale between Rodrigo and petitionerÊs
predecessor-in-interest, Vere, void for RodrigoÊs lack of title.
In this petition, petitioner seeks the reinstatement of
the trial courtÊs ruling. Alternatively, petitioner claims
ownership over the Property through acquisitive
prescription, having allegedly occupied it for more than 10
years.9
Respondents see no reversible error in the CAÊs ruling
and pray for its affirmance.
_______________
7 Rollo, p. 55.
8 Id., at pp. 55-58.
9 Id., at p. 37.
314

The Issue
The threshold question is whether petitionerÊs title over
the Property is superior to respondentsÊ. The resolution of
this issue rests, in turn, on whether the contract between
the partiesÊ predecessors-in-interest, Rodrigo and
Rodriguez, was a donation or a devise. If the former,
respondents hold superior title, having bought the Property
from Rodriguez. If the latter, petitioner prevails, having
obtained title from Rodrigo under a deed of sale the
execution of which impliedly revoked the earlier devise to
Rodriguez.
The Ruling of the Court
We find respondentsÊ title superior, and thus, affirm the

CA.
Naked Title Passed from Rodrigo to Rodriguez
Under a Perfected Donation

We examine the juridical nature of the Deed·whether it
passed title to Rodriguez upon its execution or is effective
only upon RodrigoÊs death·using principles distilled from
relevant jurisprudence. Post-mortem dispositions typically
·
(1) Convey no title or ownership to the transferee before the

death of the transferor; or, what amounts to the same thing, that
the transferor should retain the ownership (full or naked) and
control of the property while alive;
(2) That before the [donorÊs] death, the transfer should be
revocable by the transferor at will, ad nutum; but revocability may
be provided for indirectly by means of a reserved power in the donor
to dispose of the properties conveyed;
(3) That the transfer should be void if the transferor should
survive the transferee.10
_______________
10 Bonsanto v. Court of Appeals, 95 Phil. 481, 487 (1954) (internal

citations omitted).
315
VOL. 640, JANUARY 24, 2011 315

Further·
[4] [T]he specification in a deed of the causes whereby the act

may be revoked by the donor indicates that the donation is inter
vivos, rather than a disposition mortis causa[;]
[5] That the designation of the donation as mortis causa, or a
provision in the deed to the effect that the donation is „to take effect
at the death of the donor‰ are not controlling criteria; such
statements are to be construed together with the rest of the

instrument, in order to give effect to the real intent of the
transferor[;] [and]
(6) That in case of doubt, the conveyance should be deemed
donation inter vivos rather than mortis causa, in order to avoid
uncertainty as to the ownership of the property subject of the
deed.11
It is immediately apparent that Rodrigo passed naked

title to Rodriguez under a perfected donation inter vivos.
First. Rodrigo stipulated that „if the herein Donee
predeceases me, the [Property] will not be reverted to the
Donor, but will be inherited by the heirs of x x x
Rodriguez,‰ signaling the irrevocability of the passage of
title to RodriguezÊs estate, waiving RodrigoÊs right to
reclaim title. This transfer of title was perfected the
moment Rodrigo learned of RodriguezÊs acceptance of the
disposition12 which, being reflected in the Deed, took place
on the day of its execution on 3 May 1965. RodrigoÊs
acceptance of the transfer underscores its essence as a gift
in presenti, not in futuro, as only donations inter vivos need
acceptance by the recipient.13 Indeed, had Rodrigo wished
to retain full title over the Property, she could have easily
stipulated, as the testator did in another case, that „the
donor, may transfer, sell, or encumber to any person or
entity
_______________
11 Puig v. Peñaflorida, 122 Phil. 665, 671-672; 15 SCRA 276, 283

(1965) (internal citations omitted).
12 Article 734, Civil Code („The donation is perfected from the
moment the donor knows of the acceptance by the donee.‰)
13 Alejandro v. Geraldez, 168 Phil. 404; 78 SCRA 245 (1977);
Concepcion v. Concepcion, 91 Phil. 823 (1952); Laureta v. Mata, 44 Phil.
668 (1923).
316

the properties here donated x x x‰14 or used words to that

effect. Instead, Rodrigo expressly waived title over the
Property in case Rodriguez predeceases her.
In a bid to diffuse the non-reversion stipulationÊs
damning effect on his case, petitioner tries to profit from it,
contending it is a fideicommissary substitution clause.15
Petitioner assumes the fact he is laboring to prove. The
question of the DeedÊs juridical nature, whether it is a will
or a donation, is the crux of the present controversy. By
treating the clause in question as mandating
fideicommissary substitution, a mode of testamentary
disposition by which the first heir instituted is entrusted
with the obligation to preserve and to transmit to a second
heir the whole or part of the inheritance,16 petitioner
assumes that the Deed is a will. Neither the DeedÊs text nor
the import of the contested clause supports petitionerÊs
theory.
Second. What Rodrigo reserved for herself was only the
beneficial title to the Property, evident from RodriguezÊs
undertaking to „give one [half] x x x of the produce of the
land to Apoy Alve during her lifetime.‰17 Thus, the DeedÊs
stipulation that „the ownership shall be vested on
[Rodriguez] upon my demise,‰ taking into account the non-
reversion clause, could only refer to RodrigoÊs beneficial
title. We arrived at the same conclusion in Balaqui v.
Dongso18 where, as here, the donor, while „b[inding] herself
to answer to the [donor] and her heirs x x x that none shall
question or disturb [the doneeÊs] right,‰ also stipulated that
the donation „does not pass title to [the donee] during my
lifetime; but when I die, [the donee] shall be
_______________
14 Puig v. Peñaflorida, supra note 11 at p. 674; p. 285 („[l]a

DONANTE, podra enajenar, vender, traspasar o hipotecar a cuallesquier
personas o entidades los bienes aqui donados x x x x‰).
15 Rollo, p. 43.
16 Civil Code, Article 863.
17 The records do not disclose the identity of „Apoy Alve‰ but this
likely refers to the donor Alvegia Rodrigo, RodriguezÊs aunt.
18 53 Phil. 673 (1929).
317
VOL. 640, JANUARY 24, 2011 317

the true owner‰ of the donated parcels of land. In finding

the disposition as a gift inter vivos, the Court reasoned:
„Taking the deed x x x as a whole, x x x x it is noted that in the

same deed [the donor] guaranteed to [the donee] and her heirs and
successors, the right to said property thus conferred. From the
moment [the donor] guaranteed the right granted by her to [the
donee] to the two parcels of land by virtue of the deed of gift, she
surrendered such right; otherwise there would be no need to
guarantee said right. Therefore, when [the donor] used the words
upon which the appellants base their contention that the gift in
question is a donation mortis causa [that the gift „does not pass title
during my lifetime; but when I die, she shall be the true owner of
the two aforementioned parcels‰] the donor meant nothing else
than that she reserved of herself the possession and usufruct
of said two parcels of land until her death, at which time the
donee would be able to dispose of them freely.‰19 (Emphasis
supplied)
Indeed, if Rodrigo still retained full ownership over the

Property, it was unnecessary for her to reserve partial
usufructuary right over it.20
Third. The existence of consideration other than the
donorÊs death, such as the donorÊs love and affection to the
donee and the services the latter rendered, while also true
of devises, nevertheless „corroborates the express
irrevocability of x x x [inter vivos] transfers.‰21 Thus, the
CA committed no error in giving weight to RodrigoÊs
statement of „love and affection‰ for Rodriguez, her niece,
as consideration for the gift, to underscore its finding.
_______________
19 Id., at p. 676.
20 See Bonsanto v. Court of Appeals, 95 Phil. 481, 487 (1954), where,
in interpreting an identical reservation, the Court observed the „donorÊs
reserv[ation] for himself, during his lifetime, the ownerÊs share of the
fruits or produce‰ is „unnecessary if the ownership of the donated
property remained with the donor.‰
21 Id., at p. 489.
318

It will not do, therefore, for petitioner to cherry-pick

stipulations from the Deed tending to serve his cause (e.g.
„the ownership shall be vested on [Rodriguez] upon my
demise‰ and „devise‰). Dispositions bearing contradictory
stipulations are interpreted wholistically, to give effect to
the donorÊs intent. In no less than seven cases featuring
deeds of donations styled as „mortis causa‰ dispositions,
the Court, after going over the deeds, eventually considered
the transfers inter vivos,22 consistent with the principle
that „the designation of the donation as mortis causa, or a
provision in the deed to the effect that the donation is Âto
take effect at the death of the donorÊ are not controlling
criteria [but] x x x are to be construed together with the
rest of the instrument, in order to give effect to the real
intent of the transferor.‰23 Indeed, doubts on the nature of
dispositions are resolved to favor inter vivos transfers „to
avoid uncertainty as to the ownership of the property
subject of the deed.‰24
Nor can petitioner capitalize on RodrigoÊs post-donation
transfer of the Property to Vere as proof of her retention of
ownership. If such were the barometer in interpreting
deeds of donation, not only will great legal uncertainty be
visited on gratuitous dispositions, this will give license to
rogue property owners to set at naught perfected transfers
of titles, which, while founded on liberality, is a valid mode
of passing owner-
_______________
22 Del Rosario v. Ferrer, G.R. No. 187056, 20 September 2010, 630

SCRA 683; Puig v. Peñaflorida, 122 Phil. 665; 15 SCRA 276 (1965);
Bonsanto v. Court of Appeals, 95 Phil. 481 (1954); Concepcion v.
Concepcion, 91 Phil. 823, 829 (1952); Sambaan v. Villanueva, 71 Phil.
303 (1941); Balaqui v. Dongso, 53 Phil. 673 (1929); Laureta v. Mata, 44
Phil. 668 (1923).
23 Puig v. Peñaflorida, supra note 11 at pp. 671-672; p. 283.

24 Id., at p. 672; p. 283.
319
VOL. 640, JANUARY 24, 2011 319

ship. The interest of settled property dispositions counsels

against licensing such practice.25
Accordingly, having irrevocably transferred naked title
over the Property to Rodriguez in 1965, Rodrigo „cannot
afterwards revoke the donation nor dispose of the said
property in favor of another.‰26 Thus, RodrigoÊs post-
donation sale of the Property vested no title to Vere. As
VereÊs successor-in-interest, petitioner acquired no better
right than him. On the other hand, respondents bought the
Property from Rodriguez, thus acquiring the latterÊs title
which they may invoke against all adverse claimants,
including petitioner.
Petitioner Acquired No Title Over the Property
Alternatively, petitioner grounds his claim of ownership

over the Property through his and VereÊs combined
possession of the Property for more than ten years, counted
from VereÊs purchase of the Property from Rodrigo in 1970
until petitioner initiated his suit in the trial court in
February 1986.27 Petitioner anchors his contention on an
unfounded legal assumption. The ten year ordinary
prescriptive period to acquire title through possession of
real property in the concept of an owner requires
uninterrupted possession coupled with just title and
_______________
25 Thus, in Del Rosario v. Ferrer, G.R. No. 187056, 20 September

2010, 630 SCRA 683, we annulled a post-donation assignment of rights
over the donated property for lack of the assignorÊs title.
26 Concepcion v. Concepcion, 91 Phil. 823, 829 (1952), quoting
Manresa.
27 Rollo, pp. 48-49. Petitioner crafted this theory for the first time in
the Court of Appeals, having limited his case in the trial court to the
single cause of action of ownership based on his purchase of the Property
from Vere. Another alternative argument petitioner raises concerns the
alleged inofficious nature of the donation (id., at p. 43). Aside from the
fact that petitioner never raised this contention below, he is not the
proper party to raise it, not being one of the heirs allegedly prejudiced by
the transfer.
320

good faith.28 There is just title when the adverse claimant

came into possession of the property through one of the
modes recognized by law for the acquisition of ownership or
other real rights, but the grantor was not the owner or
could not transmit any right.29 Good faith, on the other
hand, consists in the reasonable belief that the person from
whom the possessor received the thing was the owner
thereof, and could transmit his ownership.30
Although Vere and petitioner arguably had just title
having successively acquired the Property through sale,
neither was a good faith possessor. As Rodrigo herself
disclosed in the Deed, Rodriguez already occupied and
possessed the Property „in the concept of an owner‰ („como
tag-iya‰31) since 21 May 1962, nearly three years before
RodrigoÊs donation in 3 May 1965 and seven years before
Vere bought the Property from Rodrigo. This admission
against interest binds Rodrigo and all those tracing title to
the Property through her, including Vere and petitioner.
Indeed, petitionerÊs insistent claim that Rodriguez occupied
the Property only in 1982, when she started paying taxes,
finds no basis in the records. In short, when Vere bought
the Property from Rodrigo in 1970, Rodriguez was in
possession of the Property, a fact that prevented Vere from
being a buyer in good faith.
Lacking good faith possession, petitionerÊs only other
recourse to maintain his claim of ownership by prescription
is to show open, continuous and adverse possession of the
Property
_______________
28 Civil Code, Article 1117 („Acquisitive prescription of dominion and

other real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription requires possession of
things in good faith and with just title for the time fixed by law.‰)
(emphasis supplied).
31 Records, p. 129.
321
VOL. 640, JANUARY 24, 2011 321

for 30 years.32 Undeniably, petitioner is unable to meet this

requirement.
Ancillary Matters Petitioner Raises Irrelevant
Petitioner brings to the CourtÊs attention facts which,

according to him, support his theory that Rodrigo never
passed ownership over the Property to Rodriguez, namely,
that Rodriguez registered the Deed and paid taxes on the
Property only in 1982 and Rodriguez obtained from Vere in
1981 a waiver of the latterÊs „right of ownership‰ over the
Property. None of these facts detract from our conclusion
that under the text of the Deed and based on the
contemporaneous acts of Rodrigo and Rodriguez, the latter,
already in possession of the Property since 1962 as Rodrigo
admitted, obtained naked title over it upon the DeedÊs
execution in 1965. Neither registration nor tax payment is
required to perfect donations. On the relevance of the
waiver agreement, suffice it to say that Vere had nothing to
waive to Rodriguez, having obtained no title from Rodrigo.
Irrespective of RodriguezÊs motivation in obtaining the
waiver, that document, legally a scrap of paper, added
nothing to the title Rodriguez obtained from Rodrigo under
the Deed.
WHEREFORE, we DENY the petition. We AFFIRM the
Decision dated 6 June 2005 and the Resolution dated 5
May 2006 of the Court of Appeals.

SO ORDERED.
Nachura, Peralta, Abad and Mendoza, JJ., concur.
Petition denied, judgment and resolution affirmed.
_______________
32 Civil Code, Article 1137 („Ownership and other real rights over
immovables also prescribe through uninterrupted adverse possession
thereof for thirty years, without need of title or of good faith.‰)
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SUPREME COURT REPORTS ANNOTATED VOLUME 640 11/8/19, 12:19 PM

Note.·It is only in highly meritorious cases that the

G.R. No. 172804. January 24, 2011.*

GONZALO VILLANUEVA, represented by his heirs,

Civil Law; Property; Donation; RodrigoÊs acceptance of the

VOL. 640, JANUARY 24, 2011 309

Villanueva vs. Branoco

Same; Same; Same; The designation of the donation as mortis

through one of the modes recognized by law for the acquisition of

PETITION for review on certiorari of the decision and

310 SUPREME COURT REPORTS ANNOTATED

Sergio C. Sumayod for petitioner.

This resolves the petition for review1 of the ruling2 of the

Petitioner Gonzalo Villanueva (petitioner), here

donation (Deed), signed at the bottom by the parties and

1 Under Rule 45 of the 1997 Rules of Civil Procedure.

VOL. 640, JANUARY 24, 2011 311

KNOW ALL MEN BY THESE PRESENTS:

That I, ALVEGIA RODRIGO, Filipino, of legal age, widow of the

South, Teofilo Uyvico; and West, by Public land; 2. It has an area of

312 SUPREME COURT REPORTS ANNOTATED

Respondents entered the Property in 1983 and paid

The Ruling of the Trial Court

The trial court ruled for petitioner, declared him owner

5 In the Decision dated 18 August 2000 penned by Judge Enrique C.

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Respondents appealed to the Court of Appeals (CA),

Ruling of the Court of Appeals

The CA granted respondentsÊ appeal and set aside the

delivery of part of the produce to Apoy Alve; (2) the DeedÊs

314 SUPREME COURT REPORTS ANNOTATED

The Ruling of the Court

We find respondentsÊ title superior, and thus, affirm the

Naked Title Passed from Rodrigo to Rodriguez

Under a Perfected Donation

(1) Convey no title or ownership to the transferee before the

10 Bonsanto v. Court of Appeals, 95 Phil. 481, 487 (1954) (internal

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[4] [T]he specification in a deed of the causes whereby the act

statements are to be construed together with the rest of the

It is immediately apparent that Rodrigo passed naked

11 Puig v. Peñaflorida, 122 Phil. 665, 671-672; 15 SCRA 276, 283

316 SUPREME COURT REPORTS ANNOTATED

the properties here donated x x x‰14 or used words to that

14 Puig v. Peñaflorida, supra note 11 at p. 674; p. 285 („[l]a

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the true owner‰ of the donated parcels of land. In finding

„Taking the deed x x x as a whole, x x x x it is noted that in the

Indeed, if Rodrigo still retained full ownership over the

318 SUPREME COURT REPORTS ANNOTATED

It will not do, therefore, for petitioner to cherry-pick

22 Del Rosario v. Ferrer, G.R. No. 187056, 20 September 2010, 630

23 Puig v. Peñaflorida, supra note 11 at pp. 671-672; p. 283.

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ship. The interest of settled property dispositions counsels

Petitioner Acquired No Title Over the Property

Alternatively, petitioner grounds his claim of ownership

25 Thus, in Del Rosario v. Ferrer, G.R. No. 187056, 20 September

320 SUPREME COURT REPORTS ANNOTATED

good faith.28 There is just title when the adverse claimant