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G.R. No.

L-6600 July 30, 1954


HEIRS OF JUAN BONSATO and FELIPE BONSATO, petitioners,
vs.
COURT OF APPEALS and JOSEFA UTEA, ET AL., respondents.
Facts:
Domingo Bonsato purportedly executed two deeds of donation in favor of his brother, Juan
Bonsate, and his nephew, Felipe Bonsato. Juan and Felipe claimed that it was voluntarily
executed by Domingo in consideration of past services they rendered to him. The respondents
filed a complaint for the annulment of the deeds claiming that Domingo was induced and
deceived to sign them. They further argued that the donations were mortis causa. Thus, they are
void for lack of the requisite formalities.
Issue:
Whether or not the deeds of donation executed by Domingo Bonsato were valid.
Ruling:
The Supreme Court ruled in the affirmative.
The Court enumerated the characteristics of a donation mortis causa: that it conveys no title or
ownership to the transferee before the death of the transferor; that before his death, the transfer
should be revocable by the transferor at will; and that the transfer should be void if the transferor
survives the transferee. The court found that none of these characteristics were discernible in the
deeds of donation. Most significant here was the absence of stipulation that the donor could
revoke the donations; on the contrary, the deeds expressly declare them to be "irrevocable", a
quality absolutely incompatible with the idea of conveyances mortis causa where revocability is
of the essence of the act. Therefore, since the deeds of donation were inter vivos and that the
solemnities required by law was met, they are considered valid. Nonetheless, the donations could
not affect the half interest inherited by the respondents Josefa Utea, et al. from the predeceased
wife of the donor.