11. Magat vs. CA.docx - 11 Apolinaria Austria-Magat vs Court of Appeals(G.R No 106755 February 1 2002 375 SCRA 556 FACTS On Basilisa Comerciante mother

11. Magat vs. CA.docx - 11 Apolinaria Austria-Magat vs...

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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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