Valid donation

This case of Ben is about a donation made in consideration of marriage, or a donation made before its celebration and in favor of one or both of the future spouses, known in law as "donation propter nuptias."

- JOSE C. SISON

Ben was the oldest of the six children of the spouses Gardo and Linda. He was engaged to be married to Myrna on June 4, 1944. A few weeks before their marriage or on May 22, his parents Gardo and Linda executed a donation written in the Ilocano dialect and denominated as "Inventario Ti Sagut," wherein he and his prospective bride Myrna were gifted with four parcels of land, as well as a male cow and one-third portion of his parents' conjugal house covered by OCT No. 18259. After their marriage, the fact of their marriage was inscribed at the back of the land titles donated.

Gardo and Linda died on Dec. 15, 1962 and Jan. 9, 1968 respectively, leaving as heirs Ben and his two brothers and three sisters. With Ben and Myrna's permission, the youngest sister Mary took possession and cultivated one of the lands donated to Ben and Myrna with an area of 4,876 square meters and covered by OCT No. 18383 wherein the fact of their marriage was annotated.

Meanwhile, on May 15, 1970, Ben and Myrna registered the Deed of Donation so the titles of the donated land, including OCT 18383, were already cancelled and in lieu thereof, new titles were issued in Ben and Myrna's name. OCT 18383 was thus replaced by TCT 84897. Mary, however, remained in possession and cultivation of the land.