Case Title Serrano v Solomon

Date June 29, 1959

Ponente Montemayor
Nature of Case Appeal from a CFI- Ilocos Sur decision
Facts  Petitioner Estanislao Serrano is Alejandria Feliciano’s guardian
 Respondent-husband Melchor Solomon marries Alejandria Feliciano,
who wrote a deed of donation propter nuptias (DPN) stipulating that
o He will donate all his properties to his and Alejandria’s common
children
o If no children and husband dies first, half the properties will be
given to husband’s siblings and their heirs
o If no children and wife dies first, half the properties will be given
to petitioner, who took care of wife
 Wife dies, petitioner commenced action to enforce the terms of the
alleged donation
 Court dismisses the action because the donation is not a DPN, hence this
petition
Issue/s Whether or not Solomon’s deed of donation is a DPN
Ruling NO
Reasoning
 For a donation to be a DPN it must be
o Made before the celebration
o In consideration of the celebration
o In favor of both/one of the spouses
 Solomon’s donation did not fulfill the last 2 requisites
o Marriage was not the only thing considered. Childlessness and death of one of
the spouses were the other factors considered for the donation to operate
o Donation was not in favor of Alejandria, it was in favor of her guardian,
Serrano
 Cannot be a donation inter vivos (between the living), because donee Serrano has not
expressly accepted it
 Cannot be a donation mortis causa (on the occasion of death), because donor
Solomon is still living