Serrano v. Solomon (1959)

Serrano v. Solomon

GR No. L-12093

June 29, 1959

Justice Montemayor

PARTIES:

- Plaintiff/Appellant: Estanislao Serrano

- Respondent/Appellee: Melchor Solomon

* Appeal from a decision of the COFI (Ilocos Sur)

FACTS:

- June 21, 1948 – Melchor Solomon married Alejandria Feliciano; on the same day of the marriage but before the ceremony, he executed a deed of donation:

 - Donating all exclusive properties in order that they will have a basic capital for their conjugal life and in order that there will be ready maintenance and support of their offsprings

- Referred properties are donated in accordance to PH laws

- Children out of wedlock will be the ones to inherit with same equal shares

- If no children, ½ of all the properties including the properties acquired during their conjugal union will be given to Solomon’s brothers or sisters or their heirs if the husband will die before the wife

- If Solomon’s wife (Alejandria) will die before him, 1/2 of of all the properties acquired by them will be given to those who have “reared my wife in token of my love to her.”

- March 2, 1949 – less than 9 months after the marriage, Alejandria died without issue.

- Estanislao Serrano commenced the present action to enforce and implement the terms of the alleged donation (particularly that part that if Alejandria dies and they have no children, 1/2 of Melchor’s properties and those acquired by him would be given to those persons who had raised and taken care of Alejandria, namely Estanislao Serrano).

- COFI found that the donation could not be regarded as donation propter nuptias (not made in consideration of the marriage even though it was executed before the marriage; was not made between one or both of the parties but to a third person)

ISSUE/S:

1.     W/N there was a donation made in consideration of the marriage between Melchor and Alejandria

2.     W/N the donation can be considered as donation inter vivos, if so, can it be given effect?

HOLDING/RATIONALE:

1. NO. Donation may NOT be regarded as one made in consideration of the marriage.

- Marriage itself was not the only consideration or condition under the terms of the donation.

2. Might be considered as donation inter vivos.

- NOT VALID.

- It was never accepted by the done either in the same instrument of donation or in a separate document as required by law.

- For donation to take effect after the death of the donor, it should be executed in accordance with the requisites and strict provisions governing the execution of wills.

- In this case, donor is still alive. The time and occasion have not arrived for considering its operation and implementation.

JUDGMENT:

- COFI decision declaring null and void the supposed donation propter nuptias AFFIRMED.