Revocation or Reduction of Donation
Broadly speaking, there are four (4) grounds for the revocation or reduction of donation. Below is an outline of the rules.
[1] Ground: Birth, adoption of minor child and reappearance of a child believed to be dead, made by a donor having no children or descendants. (Art. 760).
How to revoke or reduce? Action for reduction insofar as donation exceeds portion that may be freely disposed of at birth, adoption and reappearance of child (inofficious donation), based on presumed legitimate of child (Art. 761)
What is the prescriptive period? 4 years from birth of first child, adoption and reappearance (At. 763)
What is the prescriptive period? 4 years from birth of first child, adoption and reappearance (At. 763)
What is the effect? Property shall be returned; mortgage may be redeemed by donor subject to recovery from donee; if it can no longer be returned, value estimated as at time of donation; donee shall not return the fruits except from the filing of the complaint.
[2] Ground: Non-compliance with conditions (At. 764)
How to revoke or reduce? Action for revocation at the instance of the donor, or by the heirs of the donor against the donee’s heirs.
[2] Ground: Non-compliance with conditions (At. 764)
How to revoke or reduce? Action for revocation at the instance of the donor, or by the heirs of the donor against the donee’s heirs.
What is the prescriptive period? Four years from non-compliance with the condition (10 years if donation is onerous). ( If no period for compliance is stipulated, action to fix period should first be filed, unless sufficient time has already elapsed.)
What is the effect? Property donated shall be returned, alienations and mortgages made by the donee being void, with limitation established with regard to third persons by the Mortgage Law and Land Registration; donee to return fruits received after having failed to fulfill the condition.
[3] Ground: Acts of Ingratitude (Art. 765)
What are the different acts of ingratitude?
CRIME. If donee should commit some offense against the person, honor or property of the donor, his wife, or children under his parental authority.
DEFAMATION. If donee imputes to the donor any criminal offence, or any ac involving moral turpitude, even though he should prove it, unless the crime has been committed against the donee himself, his wife or children under his authority.
[3] Ground: Acts of Ingratitude (Art. 765)
What are the different acts of ingratitude?
CRIME. If donee should commit some offense against the person, honor or property of the donor, his wife, or children under his parental authority.
DEFAMATION. If donee imputes to the donor any criminal offence, or any ac involving moral turpitude, even though he should prove it, unless the crime has been committed against the donee himself, his wife or children under his authority.
REFUSAL TO SUPPORT. If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.
How to revoke or reduce? An action for revocation by donor himself (although action commenced can be transmitted to his heirs and continued against heirs of donee. (Art. 770)
What is the prescriptive period? 1 year from the time the donor had knowledge of the fact and it was possible for him to bring the action. (Art. 769)
What is the effect? Property to be returned or its value if already alienated (At. 767); alienations and mortgages before notation of complaint for revocation, shall subsist; donee shall not return the fruits except from the filing of the complaint.
[4] Inofficious Donations
[4] Inofficious Donations
How to revoke or reduce? An action for reduction by compulsory heirs and their heirs and successors in interest at the time of the donor’s death.
What is the prescriptive period? 10 years from donor’s death.
What is the effect? Donation is excess of free portion shall be reduced. Reduction shall not prevent the donations from taking effect during the life of the donor, nor shall it bar the donee from appropriating the fruits. (Art. 771)
If there being two or more donation, the disposable portion is not sufficient to cover all of them, those of the more recent date shall be suppressed or reduced with regard to the excess. (Art. 773)