Quilala v. Alcantara 371 SCRA 311 (2001)

FACTS:

1.      On February 20, 1981, Catalina Quilala executed a “Donation of Real Property Inter Vivos" in favor of Violeta Quilala over a parcel of land located in Sta. Cruz, Manila, containing an area of 94 square meters, and registered in her name under Transfer Certificate of Title No. 17214 of the Register of Deeds for Manila.

2.      The deed of donation was registered with the Register of Deeds and, in due course, TCT No. 17214 was cancelled and TCT No. 143015 was issued in the name of Violeta Quilala. On November 7, 1983, Catalina Quilala died. Violeta Quilala likewise died on May 22, 1984.

3.      Petitioner Ricky Quilala alleges that he is the surviving son of Violeta Quilala.

4.      The trial court found that the deed of donation, although signed by both Catalina and Violeta, was acknowledged before a notary public only by the donor, Catalina.

ISSUE: Whether or not the signing on the wrong side of the page of the document invalidates it?

RULING: No. The lack of an acknowledgment by the donee before the notary public does not also render the donation null and void. The instrument should be treated in its entirety. It cannot be considered a private document in part and a public document in another part. The fact that it was acknowledged before a notary public converts the deed of donation in its entirety a public instrument. The fact that the donee was not mentioned by the notary public in the acknowledgment is of no moment. To be sure, it is the conveyance that should be acknowledged as a free and voluntary act. In any event, the donee signed on the second page, which contains the Acknowledgment only. Her acceptance, which is explicitly set forth on the first page of the notarized deed of donation, was made in a public instrument.