8/4/2019 Serrano v Solomon

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Case Title Serrano v Solomon

Date June 29, 1959

Ponente Montemayor

Nature of Case Appeal from a CFI- Ilocos Sur decision

Facts y Petitioner Estanislao Serrano is Alejandria Felicianos guardiany Respondent-husband Melchor Solomon marries Alejandria Feliciano,

who wrote a deed of donation propter nuptias (DPN) stipulating that

o He will donate all his properties to his and Alejandrias commonchildren

o If no children and husband dies first, half the properties will begiven to husbands siblings and their heirs

o If no children and wife dies first, half the properties will be givento petitioner, who took care of wife

y Wife dies, petitioner commenced action to enforce the terms of thealleged donation

y Court dismisses the action because the donation is not a DPN, hence thispetition

Issue/s Whether or not Solomons deed of donation is a DPN

Ruling NO

Reasoning

y For a donation to be a DPN it must beo Made before the celebrationo In consideration of the celebrationo In favor of both/one of the spouses

y Solomons donation did not fulfill the last 2 requisiteso Marriage was not the only thing considered. Childlessness and death of one of

the spouses were the other factors considered for the donation to operate

o Donation was not in favor of Alejandria, it was in favor of her guardian,Serrano

y Cannot be a donation inter vivos (between the living), because donee Serrano has notexpressly accepted it

y Cannot be a donation mortis causa (on the occasion of death), because donorSolomon is still living