Petitioner
Fabian B. S. Abellara
Respondent
Hermenegildo Balanag
Citation
G.R. No. 11970
Court
Supreme Court
Division
First Division
Ponente
Carson, J.
Decided
March 22, 1918

Summary

This ejectment case established critical precedent on donation validity requirements under Philippine Civil Law. Plaintiff failed to eject alleged trespassers from his inherited hacienda because his father's deed of gift, though executed in public document, was never properly accepted in writing with authentic notice to the donor as mandated by Article 633 of the Civil Code. The Supreme Court affirmed dismissal, clarifying that while plaintiffs need not establish precise boundaries of trespassed areas in ejectment actions, strict compliance with donation formalities is essential for real property title transfer. The Court rejected the liberal interpretation that would allow informal acceptance, emphasizing that donations of real estate require express written acceptance in public documents with proper donor notification to achieve legal validity and effect title transfer.

Statutes applied

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By the Intellegal Editorial Board · March 22, 1918

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