[ G. R. No. 44466. September 30, 1937 ] 64 Phil. 839
[ G. R. No. 44466. September 30, 1937 ]
IN RE GUARDIANSHIP OF THE MINOR MARIA EXALTACION CASTILLO. COSME U. CASTILLO, PETITIONER AND APPELLANT, VS. POTENCIANO BUSTAMANTE, GUARDIAN AND APPELLEE. D E C I S I O N
AVANCENA, C.J.:
Cosme U. Castillo and Serapia de Gala were married in the year 1889 and had several children of whom Maria Exaltacion Castillo, who was born in 1915, is the only survivor. On May 29, 1933, Serapia de Gala instituted a civil action against her husband Cosme U. Castillo, praying for the legal separation of both, as spouses, and for the division of the property acquired by them during their marriage. They compromised said suit on October 18,1933, and agreed that each spouse should possess and dispose for his or her exclusive benefit of his or her respective paraphernal or private property together with the fruits or income thereof, and that both shall assign to their daughter Maria Exaltacion the conjugal property described in the deed of compromise, with the onerous conditions specified therein. On November 1, 1933, the court rendered its decision in accordance with the terms of the compromise, the dispositive part of which reads as follows:
“Wherefore, and upon petition of the parties, said deed of compromise is approved in each and every one of its clauses, paragraphs, conditions and stipulations, and it is declared that both parties are mutually bound to comply with said conditions, terms or stipulations.”
On October 18, 1933, the spouses, in compliance with the compromise and with the above-quoted dispositive part of the court’s decision, executed the donation of the conjugal property to their daughter Maria Exaltacion, to become effective after the acceptance thereof by the donee through her duly authorized guardian. Potenciano Bustamante, who was appointed guardian of the then minor Maria Exaltacion Castillo, accepted the donation in such capacity on June 27, 1935.
On July 15th, the guardian filed a petition in court praying that the property belonging to the guardianship be delivered to him by Cosme U. Castillo who retains it in his possession. The court, acting favorably upon his petition, ordered Cosme U. Castillo, under threat of contempt of court, to turn over to and place the guardian Potenciano Bustamante, within thirty days from the time he is notified of said order, in possession of all the property described in the deed of compromise and donated later to Maria Exaltacion Castillo. To cure any defect in the acceptance of the donation by the guardian, the court, in this same order, directed the guardian to execute the necessary deed to this effect and to notify the donors Cosme U. Castillo and Serapia de Gala thereof. The appeal now under consideration was taken from this resolution.
Inasmuch as the property had been donated and the donation later accepted by the donee’s guardian, the ownership thereof became vested in the donee. Maria Exaltacion’s guardian, who is under obligation to administer her property, is entitled, as prayed by him and as provided by the court in its appealed order, to take possession of this property and recover it from Cosme U. Castillo who retains it.
The appellant alleges against the appealed order that the donation is of no effect, having been revoked before it was accepted. It is true that it was revoked but this defense is without merit. The donation was made by virtue of a compromise which, having been made to terminate a suit between the appellant and his wife, has the authority of res judicata. Furthermore, it has such authority because it is the decision rendered by the court in said civil case, pursuant to the terms of the compromise (art. 1816 of the Civil Code). The appellant, by himself alone, cannot revoke said donation having such requisites.
Furthermore, the court, under section 573 of the Code of Civil Procedure, had jurisdiction to enter the appealed order issued by it in these guardianship proceedings. (Mercader vs. Wislizenus, 34 Phil, 846).
The order appealed from is affirmed, with the costs to the appellant. So ordered.
Villa-Real, Abad Santos, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.
Order affirmed.