REPUBLIC OF THE PHILIPPINES

SUPREME COURT
Manila

SECOND DIVISION

NOTICE
TIME: 'I,..,
Sirs/Mesdames:

Please take notice that the Court, Second Division, issued a Resolution
dated 11February2019 which reads as follows:
\\
G.R. No. 243844 (Angelina S. Lansang v. Heirs of Rey D. Almario,
represented by Virginia G. Almario, and the Register of Deeds of
Manila)
After a judicious study of the case, the Court resolves to DENY the
instant petition 1 and AFFIRM the June 28, 2018 Decision2 and the
December 17, 2018 Resolution3 of the Court of Appeals (CA) in CA-G.R.
CV No. 104248 for failure of petitioner Angelina S. Lansang (petitioner) to
sufficiently show that the CA committed any reversible error in affirming
the September 12, 2014 Decision4 of the Regional Trial Court of Manila,
Branch 22, which declared void the Deed of Donation5 executed py the late
Rey D. Almario (Rey), and accordingly, ordered the cancellation of
Condominium Certificate of Title Nos. 711426 and 71143 7 covering the
subject properties stated therein.

As correctly ruled by the CA, the marriage celebrated8 in 1959

between Rey and Virginia Almario subsisted because a divorce decree
obtained by Filipino citizens is not recognized in the Philippines. 9 Thus, the
subject properties, which were bought during their marriage, remained to be
conjugal in nature, especially since petitioner failed to prove that Rey
obtained those properties using his exclusive funds. 10 Being conjugal
properties, the disposition thereof requires the consent of both spouses, 11
which does not obtain in this case. As such, the Deed of Donation should be
annulled and the certificates of title issued in petitioner's name must be
cancelled. Moreover, it was no longer necessary to inquire into whether or
not the donation was inofficious 12 for impairing responc;lents' legitime; since
Rollo, pp. 5-17.
2
Id. at '20-27. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices
Remedios A. Salazar-Fernando and Jane Aurora C. Lantion, concurring.
Id. at 29-30.
4
Id. at 72-79. Penned by Presiding Judge Marino M. Dela Cruz, Jr.
Id. at 59-60.
Id. at 57.
Id. at 58.
See attached Marriage Contract; id. at 48.
See id; at 23.
10
See id. at 24-25.
11
Article 125 of the FAMILY CODE provides:
Article 125. Neither spouse may donate any conjugal partnership property without
the consent of the other[.]
12
Article 752 of the CIVIL CODE states:
Article 752. The provisions of Article 750 notwithstanding, no person may give or
receive, by way of donation, more than he may give or receive by will.
The donation shall be inofficious in all that it may exceed this limitation.

(110)URES - more - ~'v

 Resolution -2- G.R. No. 243884
February 11, 2019

the donation has already been declared void, it could no longer be reduced
'for being inofficious. 13
1
SO: ORDERED: (HERNANDO, J., designated Additional Member
per Special Order Nos. 2629 and 2630 dated December 18, 2018.)

Very truly yours,

MARIA LOURDES C. PERFECTO

By:

UAZON
n Clerk of Courtp/•t
1 .i M~P ?n10

ATTY. FRANCISCO T. DEL CASTILLO (reg) JUDGMENT DIVISION (x)

Counsel for Petitionerc Supreme Court, Manila
c/o Del Castillo Quina & Sabanal Law Offices
23 Pabayo-San Agustin Streets, PUBLIC INFORMATION OFFICE (x)
Cagayan de Oro City LIBRARY SERVICES (x)
[For uploading pursuant to A.M. No. 12-7-1-SC]
ATTY. ALVIN G. ZAMORA (reg)
Counsel for Respondents Heirs of Rey D. Almario OFFICE OF THE CHIEF ATTORNEY (x)
73 Pablo Roman Street OFFICE OF THE REPORTER (x)
BF Internal Village, 1740 Las Pifias City Supreme Court, Manila

THE REGISTER OF DEEDS (reg) COURT OF APPEALS (x)

City of Manila Ma. Orosa Street
Ermita, I 000 Manila
CA-G.R. CV No. I 04248

Please notify the Court of any change in your address.

GR243844. 02/11/19(110)URES

13
Article 909 of the CIVIL CODE reads:
Article 909. xx xx
Donations made to strangers shall be charged to the part of the estate of which the
testator could have disposed by his last will.
Insofar as they may be inofficious or may exceed the disposable portion, they shall
be reduced according to the rules established by this Code. (Emphases supplied)

(llO)URES