[BRION, J.]
FACTS
Vicente Echavez (Vicente) was the absolute owner of the subject lots donated to petitioner Manuel Echavez (Manuel) through a Deed of Donation Mortis Causa, sans attestation clause, acknowledged before a notary public. Manuel accepted the donation. Vicente sold the same lots in favor of Dozen Construction and Development Corporation (Dozen Corporation). Manuel filed a petition to approve Vicente’s donation mortis causa in his favor and an action to annul the contracts of sale Vicente executed in favor of Dozen Corporation.
ISSUE
Whether or not the donation mortis causa is valid despite the non-conformity with the formalities of a will.
RULING
NO. A donation mortis causa must comply with the formalities prescribed by law for the validity of wills, “otherwise, the donation is void and would produce no effect.” Articles 805 and 806 of the Civil Code should have been applied. Although the witnesses in the present case acknowledged the execution of the Deed of Donation Mortis Causa before the notary public, this is not the avowal the law requires from the instrumental witnesses to the execution of a decedent’s will. Hence, the donation is void, while the sale to Dozen Construction is valid.
Legem Advocatus 