SEVENTH DAY ADVENTIST CONFERENCE CHURCH OF SOUTHERN PHILIPPINES V. NOREASTERN MINDANAO OF SEVENTH DAY ADVENTIST (CIVIL)

Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another person who accepts it. The donation could not have been made in favor of an entity yet inexistent at the time it was made. Nor could it have been accepted as there was yet no one to accept it.

Further, according to Article 1477 of the Civil Code, the ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. On this, the noted author Arturo Tolentino had this to say:

"The execution of a public instrument xxx transfers the ownership from the vendor to the vendee who may thereafter exercise the rights of an owner over the same.

Here, transfer of ownership from spouses Cosio to respondent was made upon constructive delivery of the property when the sale was made through a public instrument. TCT No. 4468 was thereafter issued and it remains in the name of respondent.