Buhay de Roma v Court of Appeals & Felicidad Caringal

Facts:

Candelaria de Roma had two legaly adopted daughters Buhay de Roma and Rosalinda.
She died intestate on April 30, 1971, and admin pro were instituted by respondent as guardian of
Rosalinda. But Buhay was appointed administratix and filed inventory of the estate. This was
opposed by Rosalinda on the ground that certain properties earlier donated by Candelaria to
Buhay, were not included.

The respondent argues that in Art 1062, claims that she has no obligation to collate
because the decedent prohibited such collation and the donation was not inofficious.

Issue: WON the donation is collationable.

Held:

Yes. The court held that there is nothing in the provisions of the deed of donation which
expressly prohibits the collation of the donated properties. What the court observed was the
donation was only irrevocable and such should not be construed as an express prohibition against
collation.

The intention to exempt from collation should be expressed plainly and equivocally as
and exception to Art. 1002. Absent such dear indication od intention, we apply the rule.