Petitioners allegations that the deed of donation was obtained through fraud and undue

influence and that the signatures of Pepito S. Pua and Lourdes Uy were forged, has not been
fully substantiated. They did not present any strong and conclusive evidence during the trial
to override the evidentiary value of the duly notarized deed of donation. [26] Their belated
attempt to introduce a National Bureau of Investigation Report containing the conclusion
that the signature of Pepito S. Pua in the December 2, 1989 Deed of Donation was not
genuine cannot be entertained by the Court, as said document is being introduced for the
first time on appeal. It is well-settled that issues not raised in the court a quo cannot be
raised for the first time on appeal in the Supreme Court without violating the basic rules of
fair play, justice and due process.[27]
Article 749. In order that the donation of an immovable may be valid, it must be made in a
public document, specifying therein the property donated and the value of the charges
which the donee must satisfy.
The acceptance may be made in the same deed of donation or in a separate public
document, but it shall not take effect unless it is done during the lifetime of the donor.
If the acceptance is made in a separate instrument, the donor shall be notified thereof in an
authentic form, and this step shall be noted in both instruments. (633)
The following are the grounds for revocation of donation:
1. Under Art. 760 (New Civil Code)
a. Birth of a donors child or children (legitimate, legitimated, or illegitimate) after the
donation, even though born after his death.
b. Appearance of a donors child who is missing and thought to be dead by the donor c.
Subsequent adoption by the donor of a minor child.
2. Under Art. 764 (New Civil Code)
When the donee fails to comply with any of the conditions which the donor imposed upon
the donee.
3. Under Art. 765 (New Civil Code) by reason of ingratitude:
a. If the donee should commit some offense against the person, the honor or the property of
the donor, or of his wife or children under his parental authority
b. If the donee imputes to the donor any criminal offense, or any act involving moral
turpitude, even though he should prove it, unless the crime or act has been committed
against the donee himself, his wife or children under his authority
c. If he unduly refuses him support when the donee is legally or morally bound to give
support to the donor
4. Art. 740. Incapacity to succeed by will shall be applicable to donations inter vivos. (n)
Art. 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness, or the minister
of the gospel who extended spiritual aid to him during the same period;

(2) The relatives of such priest or minister of the gospel within the fourth degree, the church,
order, chapter, community, organization, or institution to which such priest or minister may
belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his favor before
the final accounts of the guardianship have been approved, even if the testator should die
after the approval thereof; nevertheless, any provision made by the ward in favor of the
guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be
valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any
one claiming under such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness;
(6) Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753,
754a)
Art. 1032. The following are incapable of succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced their daughters to lead a corrupt
or immoral life, or attempted against their virtue;
(2) Any person who has been convicted of an attempt against the life of the testator, his or
her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law prescribes
imprisonment for six years or more, if the accusation has been found groundless;
(4) Any heir of full age who, having knowledge of the violent death of the testator, should
fail to report it to an officer of the law within a month, unless the authorities have already
taken action; this prohibition shall not apply to cases wherein, according to law, there is no
obligation to make an accusation;
(5) Any person convicted of adultery or concubinage with the spouse of the testator;
(6) Any person who by fraud, violence, intimidation, or undue influence should
cause the testator to make a will or to change one already made;
(7) Any person who by the same means prevents another from making a will, or from
revoking one already made, or who supplants, conceals, or alters the latter's will;
(8) Any person who falsifies or forges a supposed will of the decedent. (756, 673, 674a)