Calicdan vs. Cendaña

CALICDAN v. CENDAÑA

G.R. No. 155080 February 5, 2004

FACTS:

                On August 25, 1947, Fermina Calicdan executed a deed of donation whereby she conveyed a parcel of land to respondent Silverio Cendaña, who immediately entered into possession of the land, built a fence around the land and constructed a two-storey residential house thereon. He occupied the land from 1949 until his death in 1998. On June 1992, petitioner, through her legal guardian, filed a complaint for "Recovery of Ownership, Possession and Damages" against the respondent, alleging that the donation was void; that respondent took advantage of her incompetence in acquiring the land; and that she merely tolerated respondent’s possession of the land as well as the construction of his house thereon.

In his Answer, respondent alleged that the land was donated to him by Fermina in 1947; and that he had been publicly, peacefully, continuously, and adversely in possession of the land for a period of 45 years. Moreover, he argued that the complaint was barred by prior judgment in the special proceedings for the "Inventory of Properties of Incompetent Soledad Calicdan", where the court decreed the exclusion of the land from the inventory of properties of the petitioner. The trial court ruled in favor of the petitioner, while the Court of Appeals reversed the trial court's decision.

ISSUE:

                Whether or not the donation is valid.

HELD:

                The trial court found the donation of the land void because Fermina was not the owner thereof, considering that it was inherited by Sixto Calicdan from his parents. Thus, the land was not part of the conjugal property of the spouses Sixto and Fermina Calicdan, because under the Spanish Civil Code, the law applicable when Sixto died in 1941, the surviving spouse had a right of usufruct only over the estate of the deceased spouse. Consequently, respondent, who derived his rights from Fermina, only acquired the right of usufruct as it was the only right which the latter could convey.

After a review of the evidence on record, we find that the Court of Appeals’ ruling that the donation was valid was not supported by convincing proof. Respondent admitted during the cross examination that he had no personal knowledge of whether Sixto Calicdan in fact purchased the subject land from Felomino Bautista.