G.R. No. 111904 - SPS. AGRIPINO GESTOPA AND ISABEL SILARIO GESTOPA, VS. COURT OF APPEALS AND MERCEDES DANLAG Y PILAPIL.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the foregoing considered, the Court hereby renders judgment in favor of the defendants and against the plaintiff: Declaring the Donations Mortis Causa and Inter Vivos as revoked, and, therefore, has (sic) no legal effect and force of law. Declaring Diego Danlag the absolute and exclusive owner of the six (6) parcels of land mentioned in the Deed of revocation (Exh. P-plaintiff, Exh. 6-defendant Diego Danlag). Declaring the Deeds of Sale executed by Diego Danlag in favor of spouses Agripino Gestopa and Isabel Gestopa dated June 28, 1979 (Exh. S-plaintiff; Exh. 18-defendant); Deed of Sale dated December 18, 1979 (Exh. T plaintiff; Exh. 9-defendant); Deed of Sale dated September 14, 1979 (Exh. 8); Deed of Sale dated June 30, 1975 (Exh. U); Deed of Sale dated March 13, 1978 (Exh. X) as valid and enforceable duly executed in accordance with the formalities required by law. Ordering all tax declaration issued in the name of Mercedes Danlag Y Pilapil covering the parcel of land donated cancelled and further restoring all the tax declarations previously cancelled, except parcels nos. 1 and 5 described, in the Deed of Donation Inter Vivos (Exh. "1") and Deed of Sale (Exh. "2") executed by defendant in favor of plaintiff and her husband. [5.] With respect to the contract of sale of abovestated parcels of land, vendor Diego Danlag and spouse or their estate have the alternative remedies of demanding the balance of the agreed price with legal interest, or rescission of the contract of sale. SO ORDERED.