Q.

Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter accepted in a private instrument. After 6 months of pregnancy, the fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is Jessie entitled to recover the money he donated?

A. No, because the donation is valid as Laura already accepted the same
B. No, because when Casey died, Laura, as Casey’s heir, inherited the money donated by Jessie.
C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
D. Yes, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect.
Answer» C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.

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