VILLANUEVA V SPOUSES BRANOCO CASE DIGEST
G.R. No. 172804 : January 24, 2011
Petitioners: GONZALO VILLANUEVA, REPRESENTED BY HIS HEIRS
Respondent: SPOUSES FROILAN AND LEONILA BRANOCO
Ponente: CARPIO, J.
Facts:
Petitioner Gonzalo Villanueva (petitioner), here represented by his heirs, sued spouses Froilan
and Leonila Branoco (respondents), in the Regional Trial Court of Naval, Biliran to recover a 3,492
square-meter parcel of land in Amambajag, Culaba, Leyte and collect damages. Petitioner claimed
ownership over the Property through purchase in July 1971 from Casimiro Vere, who, in turn, bought the
Property from Alvegia Rodrigo in August 1970. Petitioner declared the Property in his name for tax
purposes soon after acquiring it.
Respondents similarly claimed ownership over the Property through purchase in July 1983 from
Eufracia Rodriguez to whom Rodrigo donated the Property in May 1965.
The trial court rejected respondents' claim of ownership after treating the Deed as a donation
mortis causa which Rodrigo effectively cancelled by selling the Property to Vere in 1970.Thus, by the
time Rodriguez sold the Property to respondents in 1983, she had no title to transfer.
Respondents appealed to the Court of Appeals, where the CA found that the Deed as a
testamentary disposition was instead a donation inter vivos. Accordingly, the CA upheld the sale between
Rodriguez and respondents, and, conversely found the sale between Rodrigo and petitioner's predecessor-
in-interest, Vere, void for Rodrigo's lack of title.
Issue:
Whether or not the contract between Rodrigo and Rodriguez was a donation or a devise
Held:
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 xx Rodriguez," signaling the
irrevocability of the passage of title to Rodriguez's estate, waiving Rodrigo's right to reclaim title. This
transfer of title was perfected the moment Rodrigo learned of Rodriguez's acceptance of the disposition
which, being reflected in the Deed, took place on the day of its execution on 3 May 1965. Rodrigo's
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.
Second. What Rodrigo reserved for herself was only the beneficial title to the Property, evident
from Rodriguez's undertaking to "give one half x xx of the produce of the land to Apoy Alve during her
lifetime." Thus, the Deed's stipulation that "the ownership shall be vested on Rodriguez upon my demise,"
taking into account the non-reversion clause, could only refer to Rodrigo's beneficial title.
Third. The existence of consideration other than the donor's death, such as the donor's love and
affection to the donee and the services the latter rendered, while also true of devises, nevertheless
"corroborates the express irrevocability of x xx inter vivos transfers."Thus, the CA committed no error in
giving weight to Rodrigo's statement of "love and affection" for Rodriguez, her niece, as consideration for
the gift, to underscore its finding
The petitioner cannot capitalize on Rodrigo's 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 ownership. The interest of settled property dispositions counsels against licensing such practice.
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."Thus, Rodrigo's post-donation sale of the Property vested no title to Vere. As Vere's successor-
in-interest, petitioner acquired no better right than him. On the other hand, respondents bought the
Property from Rodriguez, thus acquiring the latter's title which they may invoke against all adverse
claimants, including petitioner.
