Petitioner
Cruz
Respondent
Court of Appeals
Citation
G.R. No. L-58671
Court
Supreme Court
Decided
November 22, 1985

Summary

This case involved the attempted revocation of a donation by a childless widow who subsequently adopted a minor child. Eduvigis Cruz donated property to her grandnieces in 1973, then adopted a child in 1974 and sought to revoke the donation under Article 760 of the Civil Code. The trial court initially granted revocation, but the Court of Appeals reversed, finding that the donor failed to prove the donation impaired the adopted child's legitime. The Supreme Court affirmed the dismissal, emphasizing that the donor bears the burden of proving impairment of legitime and must consider the donor's entire estate. The case established that mere subsequent adoption does not automatically entitle revocation without proving actual impairment of the adopted child's inheritance rights, taking into account all the donor's assets and the freely disposable portion of the estate.

Statutes applied

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By the Intellegal Editorial Board · November 22, 1985

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