Case Title Date Ponente Nature of Case Facts

Serrano v Solomon June 29, 1959 Montemayor Appeal from a CFI- Ilocos Sur decision y Petitioner Estanislao Serrano is Alejandria Feliciano s guardian y 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 y Wife dies, petitioner commenced action to enforce the terms of the alleged donation y 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 y 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 y 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 y Cannot be a donation inter vivos (between the living), because donee Serrano has not expressly accepted it y Cannot be a donation mortis causa (on the occasion of death), because donor Solomon is still living