Petitioner
Rodolfo Noceda
Respondent
Court of Appeals
Citation
G.R. No. 119730
Court
Supreme Court
Division
Third Division
Ponente
Gonzaga-Reyes, J.
Decided
September 2, 1999

Summary

This case involves a property dispute between aunt Aurora Directo and nephew Rodolfo Noceda over inherited land and a revoked donation. After inheriting land from Celestino Arbizo, Directo donated 625 square meters to Noceda in 1981. However, in 1985, Noceda usurped Directo's entire property allocation by removing her fence and occupying her land without consent. The Supreme Court affirmed lower courts' decisions revoking the donation due to Noceda's ingratitude under Article 765 of the Civil Code, which includes offenses against the donor's property. The Court upheld a court-ordered survey showing the actual land area was much larger than tax declarations indicated, and confirmed the validity of the 1981 extrajudicial partition. The case establishes that usurpation of donor's property constitutes ingratitude justifying donation revocation, and that partition among heirs is effective based on actual occupancy patterns even when based on inaccurate area declarations.

Statutes applied

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By the Intellegal Editorial Board · September 2, 1999

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