Department of Education v. Julia del Rosario

Summary

This case involves a dispute over a 1,181 square meter property in Bulacan where DECS claimed ownership based on an alleged 1959 donation by Isaias Del Rosario for school purposes, while his heirs sought recovery of possession based on their registered title. The Regional Trial Court dismissed the complaint, finding the donation proven by secondary evidence. However, the Court of Appeals and Supreme Court reversed, holding that DECS failed to establish the existence and due execution of the deed of donation due to inadequate proof of diligent search for the allegedly lost documents. The Supreme Court emphasized that donations of real property must comply with strict formalities under Article 749 of the Civil Code and that the Notarial Law requires notaries to maintain proper records. The decision highlights the importance of proper documentation in property transactions and the stringent requirements for proving lost documents through secondary evidence.