- Petitioner
- Cerila J. Calanasan
- Respondent
- Spouses Virgilio Dolorito
- Citation
- G.R. No. 171937
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Brion, J.
- Decided
- November 25, 2013
Summary
The Supreme Court denied a petition seeking revocation of an onerous donation for alleged ingratitude. Cerila Calanasan donated mortgaged land to her niece Evelyn Dolorito in 1982, conditioned on redemption of the P15,000 mortgage and Cerila's lifelong usufruct. When Cerila later sought revocation for ingratitude, the courts found the donation was onerous and governed by contract law rather than donation law. The Court held that no grounds for revocation existed since the alleged ungrateful acts were committed by Evelyn's husband (not the donee) against Cerila's sister (not the donor). The decision clarifies that onerous donations are governed by contract rules per Article 733 of the Civil Code, with donation rules applying only to any gratuitous excess portion.