Ponente Montemayor Nature of Case Appeal from a CFI- Ilocos Sur decision Facts Petitioner Estanislao Serrano is Alejandria Feliciano’s guardian Respondent-husband Melchor Solomon marries Alejandria Feliciano, who wrote a deed of donation propter nuptias (DPN) stipulating that o He will donate all his properties to his and Alejandria’s common children o If no children and husband dies first, half the properties will be given to husband’s siblings and their heirs o If no children and wife dies first, half the properties will be given to petitioner, who took care of wife Wife dies, petitioner commenced action to enforce the terms of the alleged donation Court dismisses the action because the donation is not a DPN, hence this petition Issue/s Whether or not Solomon’s deed of donation is a DPN Ruling NO Reasoning For a donation to be a DPN it must be o Made before the celebration o In consideration of the celebration o In favor of both/one of the spouses Solomon’s donation did not fulfill the last 2 requisites o Marriage was not the only thing considered. Childlessness and death of one of the spouses were the other factors considered for the donation to operate o Donation was not in favor of Alejandria, it was in favor of her guardian, Serrano Cannot be a donation inter vivos (between the living), because donee Serrano has not expressly accepted it Cannot be a donation mortis causa (on the occasion of death), because donor Solomon is still living