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Puig et al., vs Penaflorida et al, 15 SCRA 276

ANGELES UBALDE PUIG, ET AL., plaintiffs-appellants, vs. ESTELA MAGBANUA PENAFLORIDA, ET AL., defendants-appellants.

G.R. No. L-15939 | 1966-01-31

RESOLUTION ON MOTION TO RECONSIDER 


(Main opinion was promulgated on November 29, 1965). 

REYES, J. B. L., J.: 

Defendants-appellants Estela Magbanua Peñaflorida, et al., insist that the reservation by the donor of the right to dispose of the property during her lifetime in the deed of December 28, 1949 indicates that time had passed to the donee in her lifetime; otherwise, it is argued, the reservation would be superfluous, and they cite American authorities in support. 

This thesis would be plausible if the reservation of the power to dispose were the only indication to be considered in deciding whether the donation of...