Rev./Atty. Jose T. Tayoto v. The Heirs of Cabalo Kusop

Summary

This case involves the validity of a 1973 donation by Muslim Filipino heirs to an educational institution of land that was part of the public domain. Atty. Jose T. Tayoto represented the heirs in obtaining a presidential proclamation to open the land to disposition, then received the donated land through the institution he founded. The Supreme Court declared the donation void because the donors lacked ownership rights over public domain property at the time of donation. While Presidential Proclamation No. 2273 later opened portions to disposition under the Public Land Act, this did not automatically vest ownership rights but merely made the land available for acquisition through proper legal procedures. The Court awarded P10,000 attorney's fees to Tayoto's estate for legal services rendered to establish the principle that donors cannot convey what they do not own.