FREE LEGAL ADVICE IN DEAR PAO COLUMN

Dear PAO,

We are having problems with the partition of the land owned by my grandmother. The title of the land is named under her name. My father and my aunt agreed earlier that they will divide the land equally. They are the only children of my grandmother. But recently we found out that 50 percent of the land was donated by my grandmother to my aunt. Does my father have a right to claim the remaining 50 percent of the land? Will the 50 percent donated to my aunt be considered as her share? Please help. Thanks.

Mideleo Dear Mideleo,

It appears based on your narration that your grandmother did not execute a last will and testament. As such, the law on intestate succession shall govern the partition or distribution of her estate to her heirs. Since your father and your aunt are the only children of your grandmother, they will inherit from her in equal shares. This is pursuant to Article 980 of the New Civil Code of the Philippines which provides:

“Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.”

However, you mentioned that half of the land left by your grandmother was already donated to your aunt. Assuming that the donation is valid, then only the other half of the said property shall be partitioned between your father and your aunt.

Donation is a mode of acquiring ownership whereby a person (called the donor) through his act of liber- ality, disposes gratuitously a thing or a right in favor of another (called donee) who accepts it ( Property and Ownership, 1999 Edition, Pg. 535, Ernesto L. Pineda).

It is clear therefore that half of your grandmother’s land is already owned by your aunt. Thus, only the other half of the property shall be partitioned between your father and your aunt. However, if your aunt is willing to waive her share in favor of your father, then it is as if the land was divided into two equal shares.

On the other hand, if the donation is null and void, then the whole property shall be distributed equally to them.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net