Maglasang vs CabatinganFacts Conchita Cabatingan executed 5 deeds of conditional donation in favorof the following personso Her brother, Nicolas Cabatingano Petitioner Estela Maglasango Merly Cabatingan Provided in the said donation are the followingo onation for and in consideration of the love and a!ection of thedonor to the doneeo onation to beco"e e!ective upon the death of the donoro #hat in the event that the donee should die before the donor,the donation shall be dee"ed auto"atically rescinded and of nofurther force and e!ect Conchita Cabatingan then died and her heirs, upon learning about theexistence of the donations, $led before the %#C an action for&nnul"ent and'or declaration of nullity of deeds of donation andaccountingo #he heirs allege the following( donationswere"ade through sinister "achinationsandstrategies and ta)ing advantage of Conchita*s fragilecondition thedocu"entsarevoidfor failingtoco"plywiththeprovisions of the CivilCode regarding for"alities of willsand testa"ents considering that the donations are "ortiscausao Petitioners Maglasang, on the other hand, contend that Conchita freely, )nowingly and voluntarily caused thepreparation of the instru"ents &re donations inter vivos as they were "ade inconsideration of love and a!ection, and not of death #hat the stipulation on rescission in case they die aheadof Conchitaisaresolutoryconditionthat con$r"sthenature of donation inter vivos %#C decided in favor of the heirso onations are "ortis causa andtherefore null and voidforfailure to co"ply with the re+uisites of &rt, -./ on sole"nities ofwills and testa"ents0ssue( 12N the donations are "ortis causa 34es5%atio( onation "ortis causao #he right of disposition is not transferred to the donee while thedonor is still aliveo Characteristics 0t conveys no title or ownership to the transferee beforethe death of the transferor6 or what a"ounts to the sa"ething, that the transferor should retain the ownership 3fullor na)ed5 and control of the property while alive #hat before his death, the transfer should be revocable bythe transferor at will, ad nutu"6 but revocability "ay beprovided for indirectly by "eans of a reserved power inthe donor to dispose of the properties conveyed #hat the transfer should be void if the transferor shouldsurvive the transferee Case at bar, the following are indications of donation "ortis causao #hat the donations do not contain any clear provision thatintends to pass proprietary rights to Maglasangs prior toConchita*s deatho #he phrase 7to beco"e e!ective upon the death of the donor8ad"itsof nootherinterpretationbutthatCabatingandidnotintend to transfer the ownership of the properties to Maglasangsduring her lifeti"eo Maglasangs expressly con$r"ed the donations as "ortis causain their acceptance and attestation clauseso Expressly provided that the donations shall be rescinded in casedonees predecease Conchita #hat the donations were "ade in consideration of love and a!ection ofthe donor do not +ualify the donations as inter vivos because transfers"ortis causa "ay also be "ade for the sa"e reason 0n conte"plation of death 9 "eaningo #hat the full or na)ed ownership of the donated properties willpass to the donee because of the donor*s death For" of donation "ortis causao :hould parta)e of the nature of testa"entary provisionso Must be executed in accordance with the re+uisites onsole"nities of wills and testa"entso Civil Code provisions &rticle -.5, Every will, other than a holographic will, "ustbe subscribed at the end thereof by the testator hi"selfor by the testator;s na"e written by so"e other person inhis presence, and by his express direction, and attestedand subscribed by three or "ore credible witnesses in thepresence of the testator and of one another,#he testator or the person re+uested by hi" to write hisna"e and the instru"ental witnesses of the will, shall alsosign,asaforesaid,each and everypagethereof, exceptthelast, ontheleft"argin, andall thepagesshall benu"bered correlatively in letters placed on the upper partof each page,#heattestationshall statethenu"ber of pages useduponwhich the will is written, and the fact that thetestator signed the will and every page thereof, or causedso"e other person to write his na"e, under his expressdirection, in the presence of the instru"entalwitnesses,and that the latter witnessed and signed the will and allthe pages thereof in the presence of the testator and ofone another,0f the attestation clause is in a language not )nown to thewitnesses, it shall be interpreted to the", &rticle-./, Everywill "ust beac)nowledgedbeforeanotary public by the testator and the witnesses, #henotary public shall not be re+uired to retain a copy of thewill, or $le another with the o