1.

JURIDICAL CAPACITY; NATURAL PERSONS

Overjoyed that her sister Lea, who had been married for five years, was pregnant for the first
time, Princess donated P250k to the unborn child. Unfortunately, the baby died one hour after
delivery. Is the donation valid and binding? Explain.

2. DEATH/SIMULTANEOUS DEATH
Eve and her late husband Adam had two children, Pia and Pio. One summer, her mother in law,
aged 70, took the two children then aged 10 and 12, with her on a boat trip to Cebu.
Unfortunately, the vessel sank and the bodies of the three were never found. None of the
survivors saw them on the water. On the settlement of her mother-in-law’s estate, Eve files a
claim for a share of her estate on the ground that the same was inherited by her children from
their Grandmother in representation of their father, and she inherited the same from them. Will
her action prosper?
Answer1a:
The donation is valid and binding, being an act favorable to the unborn child, but only if the baby
had an intra-uterine life of not less than seven months and provided there was due acceptance of
the donation by the proper person representing said child. If the child had less than seven months
of IUL, it is not deemed born since it died less than 24 hours following its delivery in which
case the donation never became effective since the donee never became a person, birth being
determinative of personality.
Answer1b:
Even if the baby had an IUL of more than seven months, and the donation was properly
accepted, it would be void for not having conformed with the proper form. In order to be valid,
the donation and acceptance of personal property exceeding five thousand pesos should be in
writing. (Article 748[3])

Answer 2a:
No, her actions will not prosper since there was no proof as to who died first, all the three are
deemed to have died at the same time and there was no transmission of rights from one to
another, applying Art. 43 of the NCC.
Answer 2b:
No, her action will not prosper. Under Article 43 of the NCC, inasmuch as there is no proof as to
who died first, all the three are presumed to have died at the same time and there could be no
transmission of rights among them. Considering that her children not having inherited from their
grandmother. Eve has no right to share in her mother-in-law’s estate. She cannot share in her
own right as she is not a legal heir of her mother-in-law. Survivorship provision of Rule 131 of
the ROC does not apply to the problem. It applies only to those cases where the issue involved is
not succession.