ELVIRA T. ARANGOTE, Petitioner, - versus - SPS. MARTIN MAGLUNOB and LOURDES S. MAGLUNOB,
and ROMEO SALIDO,Respondents. (2009)
FACTS:
Elvira T. Arangote, herein petitioner married to Ray Mars E. Arangote, is the registered owner of the subject property, as evidenced by Original Certificate of Title (OCT) No. CLOA-1748.6[6] Respondents Martin (Martin II) and Romeo are first cousins and the grandnephews of Esperanza Maglunob-Dailisan (Esperanza), from whom petitioner acquired the subject property.
The Petition stems from a Complaint filed by petitioner and her husband against the respondents for Quieting of Title.
ISSUE:
Whether Arangote has legal title to the land
RULING:
1. No. It is clear from the records that the subject property was not Esperanza’s exclusive share, but also that of the other heirs of her father, Martin I. Esperanza expressly affixed her thumbmark to the Deed of Extrajudicial Settlement of July 1981 not only for herself, but also on behalf of the other heirs of Martin I. Logically, if Esperanza fully owned the subject property, she would have simply waived her rights to and interest in the subject property, without mentioning her “share” and “participation” in the same. By including such words in her Affidavit, Esperanza was aware of and was limiting her waiver, renunciation, and quitclaim to her one-third share and participation in the subject property.
Esperanza’s Affidavit is, in fact, a Donation. Esperanza’s real intent in executing the said Affidavit was to donate her share in the subject property to petitioner and her husband. As no onerous undertaking is required of petitioner and her husband under the said Affidavit, the donation is regarded as a pure donation of an interest in a real property
Three requisites for the validity of a simple donation of a real property, to wit:
(1) it must be made in a public instrument;
(2) it must be accepted, which acceptance may be made either in the same Deed of Donation or in a separate public instrument; and
(3) if the acceptance is made in a separate instrument, the donor must be notified in an authentic form, and the same must be noted in both instruments.
The title to immovable property does not pass from the donor to the donee by virtue of a Deed of Donation until and unless it has been accepted in a public instrument and the donor duly notified thereof.
Therefore, the Affidavit executed by Esperanza in favor of petitioner and her husband is null and void.
FACTS:
Elvira T. Arangote, herein petitioner married to Ray Mars E. Arangote, is the registered owner of the subject property, as evidenced by Original Certificate of Title (OCT) No. CLOA-1748.6[6] Respondents Martin (Martin II) and Romeo are first cousins and the grandnephews of Esperanza Maglunob-Dailisan (Esperanza), from whom petitioner acquired the subject property.
The Petition stems from a Complaint filed by petitioner and her husband against the respondents for Quieting of Title.
ISSUE:
Whether Arangote has legal title to the land
RULING:
1. No. It is clear from the records that the subject property was not Esperanza’s exclusive share, but also that of the other heirs of her father, Martin I. Esperanza expressly affixed her thumbmark to the Deed of Extrajudicial Settlement of July 1981 not only for herself, but also on behalf of the other heirs of Martin I. Logically, if Esperanza fully owned the subject property, she would have simply waived her rights to and interest in the subject property, without mentioning her “share” and “participation” in the same. By including such words in her Affidavit, Esperanza was aware of and was limiting her waiver, renunciation, and quitclaim to her one-third share and participation in the subject property.
Esperanza’s Affidavit is, in fact, a Donation. Esperanza’s real intent in executing the said Affidavit was to donate her share in the subject property to petitioner and her husband. As no onerous undertaking is required of petitioner and her husband under the said Affidavit, the donation is regarded as a pure donation of an interest in a real property
Three requisites for the validity of a simple donation of a real property, to wit:
(1) it must be made in a public instrument;
(2) it must be accepted, which acceptance may be made either in the same Deed of Donation or in a separate public instrument; and
(3) if the acceptance is made in a separate instrument, the donor must be notified in an authentic form, and the same must be noted in both instruments.
The title to immovable property does not pass from the donor to the donee by virtue of a Deed of Donation until and unless it has been accepted in a public instrument and the donor duly notified thereof.
Therefore, the Affidavit executed by Esperanza in favor of petitioner and her husband is null and void.
Posts
No comments:
Post a Comment