CRUZ vs

COURT OF APPEALS
[Revocation and Reduction of
Donation: Adopted Child]

Mendoza, Anne Cyrille C.

 Whether or not there can be
revocation or reduction of the
donation made by Eduvigis Cruz, a
childless widow, when she
subsequently adopted a minor child

ISSUE
 ARTICLE 760
Every donation inter vivos,
made by a person having no
children or descendants,
legitimate or legitimated by
subsequent marriage, or
illegitimate, MAY BE
REVOKED OR REDUCED as
provided in the next article, by
the happening of any of these
events: xxx
(3) If the donor subsequently
adopt a minor child.
ARTICLE 761
In the cases referred to in the
preceding article, the donation
shall be revoked or reduced
insofar as it exceeds the
portion that may be freely
disposed of by will, taking into
account the whole estate of the
donor at the time of the birth,
appearance or adoption of a
child.
RULES
 Deed of Donation

Eduvigis Cruz
Grandnieces
De Leon

RTC: Revoked the donation

CA: Reversed RTC’s decision

Cresencia Ocreto
(adopted child)
ANALYSIS (Facts)
 EDUVIGIS CRUZ
 Based on Article 760 (3) of NCC, I
can revoked the donation I made.
Art. 760. Every donation inter vivos,
made by a person having no children
or descendants, legitimate or
legitimated by subsequent marriage,
or illegitimate, may be revoked or
reduced as provided in the next
article, by the happening of any of
these events:
xxx
(3) If the donor should subsequently
adopt a minor child.
ANALYSIS (Arguments)
TERESITA, LYDIA &
CYNTHIA DE LEON
 The property was co-owned by Eduvigis
and our grandfather, late Maximo Cruz,
hence the latter own ½ of the property
by inheritance.
 Eduvigis owns another property, an
agricultural land of more than 2
hectares situated in Barrio Dolores,
Taytay, Rizal, hence the donation did not
impair the presumptive legitime of the
adopted child.
COURT OF APPEALS
 Art. 761 should also be taken into account.
 Since Eduvigis owns another property, the
donation made would not impair the jegitime
of the adopted child.
Whether or not there can be revocation or reduction of the
donation made by Eduvigis Cruz, a childless widow, when
she subsequently adopted a minor child
Although it is stated in Articles 760, 761
and 763 of the New Civil Code that, in
case of the subsequent adoption of a  To revoke or reduce a
minor by one who had previously donated donation, the donor has
some or all of his properties to another, the burden to allege that
the donor may sue for the annulment or there is impairment of the
reduction of the donation within four legitime of his adopted
years from the date of adoption, IF THE child.
DONATION IMPAIRS THE LEGITIME OF
THE ADOPTED, taking into account the
whole estate of the donor at the time of
the adoption of the child. CONCLUSION
 THERE IS NO PROOF OF IMPAIRMENT OF LEGITIME.
 But since it is found that the
grandfather of the donees was the
 There is unrebutted
owner pro indiviso of ½ of the
evidence that Eduvigis
donated land, the effect of which is
own another property.
to REDUCE THE VALUE OF THE
DONATION which can then more
easily be taken from the portion of
the estate within the free disposal
of Eduvigis Cruz.

CA’S DECISION IS
CONCLUSION AFFIRMED!