11.
Apolinaria Austria-Magat vs. Court of Appeals (G.R. No. 106755,
February 1, 2002, 375 SCRA 556)
FACTS:
On December 17, 1975, Basilisa Comerciante, mother of petitioner and one
of respondents, furnished a Deed of Donation to donate her house and lot to
her four children (petitioner and respondent included), provided that the
funeral expenses will be deducted from the total value of the lot before it is
to be divided among the children. The children signed to the same deed in
acceptance to the donation. That same day, they also signed into a notarized
document stating that the property and the document pertaining to the
same will be under the custody of the original owner (Comerciante) for as
long as she lives. On February 6, 1979, Comerciante executed a Deed of
Absolute Sale over the same house and lot in favor of the petitioner,
prompting the respondents to file an action against the petitioner for the
annulment of the deed of sale on September 21, 1983. The lower court
ruled in favor of the respondent (petitioner herein), but the Court of Appeals
reversed the trial court decision.
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