Petitioner
Tito R. Lagazo
Respondent
Court of Appeals
Citation
G.R. No. 112796
Court
Supreme Court
Division
First Division
Ponente
Panganiban, J.
Decided
March 5, 1998

Summary

This case involves a dispute over ownership of a lot in Manila between Tito Lagazo, who claimed ownership through a donation from his grandmother Catalina Jacob, and Alfredo Cabanlit, who claimed ownership through deeds of assignment. The Supreme Court ruled that the donation was null and void because Lagazo never properly accepted it as required by Civil Code provisions on donations of immovable property. The Court distinguished between simple and onerous donations, finding this to be a simple donation requiring strict compliance with acceptance and notification formalities. Although Lagazo made payments on the property, these were voluntary acts rather than imposed burdens. The Court affirmed the Court of Appeals' reversal of the trial court's decision favoring Lagazo, emphasizing that proper acceptance and notification to the donor are indispensable requirements for valid donations of real property under Articles 734, 746, and 749 of the Civil Code.

Statutes applied

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By Intellegal Editorial Board · March 5, 1998

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