Donation of Property Before Marriage – Bar Exam Review

X and Y were to marry in 3 months. Meantime, to express his affection, X
donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote
back, accepting the donation and took possession of the property. Before the
wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the
property?
A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an immovable are present.
C. No, since the donation and its acceptance are not in a public instrument.
D. Yes, since X freely donated the property to Y who became its owner.

Bar Exam Review Philippines. Answer is letter C. See the 2013 philippine bar exam result.

Leave a Reply