Carandang-Collantes v. Capuno
G.R. No. L-55373, July 25, 1983
The late Josefa Capuno executed a deed of Donation Inter Vivos over four parcels of real property in favor of petitioners, Gliceria Carandang-Collantes and Luz Carandang. A complaint for annulment of was filed by private respondents, who are nephews of the decedent. Private respondents alleged in their complaint that the thumb mark in the deed of donation is not the decedents thumb mark. The RTC ruled that the deed of donation is null and void, as affirmed by the court of appeaIs. The SC however ruled that the donation is valid, and considering that the deed of donation is a public instrument, it is entitled to the presumption of law that official duty has been regularly performed. Private respondents have failed to prove the two alleged grounds for the annulment of the donation by strong, complete and conclusive evidence of its falsity or nullity.
ISSUE: Is collation applicable in the present case?
No. The resolution of the issue is moot and academic since the Supreme Court have ruled that the deed of donation was valid and may not be annulled. Assuming that in Special Proceedings “IN THE MATTER OF THE INTESTATE ESTATE OF THE DECEASED JOSEFA CAPUNO”, it was therein established that Josefa Capuno died a widow, without any ascendant nor descendant, whether legitimate or otherwise and that her only heirs are her niece, Lydia Capuno, and her nephews, Felix Capuno, Simeon Capuno, Gerardo Capuno, and Aniceto Capuno, who are the plaintiffs, such declaration of heirship cannot affect, prejudice nor reduce the donation since private respondents admit that there are fifteen parcels of land left by the donor, Josefa Capuno, at the time of her death which were not disposed of by virtue of a will or testament. The records do not show the disposition of these fifteen parcels of land. We can presume, however, that they constitute the intestate estate of the deceased, Josefa Capuno, to which private respondents may legally succeed and inherit. The deed of donation inter vivos must, however, be respected.
