Professional Documents
Culture Documents
Art& 29.& A #ri'ate #erson may "ile an action on acco,nt o" a #,lic
n,isance+ i" it is s#ecially in!,rio,s to himsel"&
Does a priate person hae a right to file action on account of a public
nuisance?
)ertainly>
A priate person may also file a ciil action if the public nuisance is
especially injurious to himself' 4n other words# the nuisance becomes as
to him a priate nuisance affecting him in a special way different from
that sustained by the public in general'
4n the absence of a showing of special or unusual damages# differing
from those suffered by the general public# a cause of action does not
arise in faor of a priate indiidual
An action may be maintained by one who is not the sole or een a
peculiar sufferer# if his grieance is not common to the whole public# but
is a common misfortune of a number or een a class of persons'
Art& 294& Any #ri'ate #erson may aate a #,lic n,isance which is
s#ecially in!,rio,s to him y remo'ing+ or i" necessary+ y $estroying
the thing which constit,tes the same+ witho,t committing a reach o"
the #eace+ or $oing ,nnecessary in!,ry& =,t it is necessary%
H1I That $eman$ e "irst ma$e ,#on the owner or #ossessor o" the
#ro#erty to aate the n,isance(
H)I That s,ch $eman$ has een re!ecte$(
H.I That the aatement e a##ro'e$ y the $istrict health o""icer an$
e/ec,te$ with the assistance o" the local #olice( an$
H4I That the 'al,e o" the $estr,ction $oes not e/cee$ three tho,san$
#esos&
What are the conditions for extrajudicial abatement of a public nuisance?
/he party injured may remoe# and if necessary# destroy thing which
constitutes the nuisance without committing a breach of the peace# or
doing unnecessary damage'
What should be done?
&' Demand be first made upon the owner or possessor of the
nuisance
*' Demand must hae been rejected
-' Abatement be approed by the district health officer and executed
with the assistance of the local police
@' /he alue of the destruction does not exceed 3-;;;'
Art& 29*& The reme$ies against a #ri'ate n,isance are%
H1I A ci'il action( or
H)I Aatement+ witho,t !,$icial #rocee$ings&
Art& 290& Any #erson in!,re$ y a #ri'ate n,isance may aate it y
remo'ing+ or i" necessary+ y $estroying the thing which constit,tes
the n,isance+ witho,t committing a reach o" the #eace or $oing
,nnecessary in!,ry& ;owe'er+ it is in$is#ensale that the
#roce$,re "or e/tra!,$icial aatement o" a #,lic n,isance y a #ri'ate
#erson e "ollowe$&
What are the remedies against a priate nuisance?
&' )iil action
*' Abatement# without judicial proceedings'
4n abating a nuisance# a person may een go to the extent of destroying
the damn thing which constitutes the nusicance proided8
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a' Ee commits no breach of the peace nor causes
unnecessary injury# and
b' /he procedure for extrajudicial abatement of public
nuisance prescribed in I;@ is complied with
Art& 292& A #ri'ate #erson or a #,lic o""icial e/tra!,$icially aating a
n,isance shall e liale "or $amages%
H1I I" he ca,ses ,nnecessary in!,ry( or
H)I I" an allege$ n,isance is later $eclare$ y the co,rts to e not a real
n,isance&
4s there liability for damages in case of extrajudicial abatement?
Meeeeeeees>
A priate or public officer may be held liable for damages'
/he two grounds of which are8
a' (nnecessary injury
b' /he alleged nuisance is later declared by the courts to be
not a real nuisance'
=OOG III
8I33ERENT MO8ES O3 A:FCIRIN> O<NERS;IP
PRELIMINARY PROVISION
Art& 21)& Ownershi# is ac6,ire$ y occ,#ation an$ y intellect,al
creation&
Ownershi# an$ other real rights o'er #ro#erty are ac6,ire$
an$ transmitte$ y law+ y $onation+ y estate an$ intestate
s,ccession+ an$ in conse6,ence o" certain contracts+ y tra$ition&
They may also e ac6,ire$ y means o" #rescri#tion& H097aI
What is mode?
Mode is the specific cause which produces them as the result of the
presence of a special condition of things# of the capacity and intention of
persons# and of the fulfillment of the re%uisites established by law'
What is title?
/itle is the juridical act# right or condition which gies the means to their
ac%uisition but which in itself is insufficient to produce them'
4n a contract of sale# the contract is the title and tradition# as a
conse%uence of sale# is the mode'
+ometimes# the mode is at the same time the title !as in with
succession"
Mode /itle
Directly and immediately produces a
real right
+eres merely to gie the occasion
for its ac%uisition or existence
/he cause /he means
3roximate cause $emote cause
.ssence of the right which is to be
created or transmitted
/he means whereby that essence is
transmitted
)ontracts only constitute titles or rights to the transfer or ac%uisition of
ownership# while tradition or deliery is the mode of accomplishing the
same'
What are the different modes and titles of ac%uiring ownership and other real
rights? !?:D/43+"
&' ?riginal modes or those independent of any pre7existing right of another
person# namely8
a' ?ccupation !condition of being without 9nown owner"5 and
b' Wor9 which includes intellectual creation !creation#
discoery# or inention"
*' Deriatie modes or those based on a pre7existing right held by another
person# namely8
a' :aw !existence of re%uired conditions"
b' Donation !contract of parties"
c' +uccession# estate and intestate !death"
d' /radition# as a conse%uence of certain contracts !contract
of the parties"# and
e' 3rescription !possession in the concept of owner"
/he deriatie modes are modes both for the ac%uisition and
transmission of ownership and other real rights' /he transmission may
inole a right in its entirety# or only a part thereof !pledge# mortgage#
usufruct"'
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$egistration is not a mode of ac%uiring ownership# and other real rights
but only a means of confirming the fact of their legal existence with
notice to the world at large'
:aw as a mode of ac%uisition?
When the )iil )ode spea9s of law as a mode of ac%uisition# it refers to
it as a distinct mode or to those cases where the law# independent of the
other modes# directly est ownership of a thing in a person once the
prescribed conditions or re%uisites are present or complied with'
.xamples8
&' Eidden treasure
*' Art @@<
-' $ier beds !Art @H&"
@' Art @HH
<' Art HD&
H' Art &@-@
I' Art &@<H
/radition as a mode of ac%uistion
/radition is a deriatie mode of ac%uiring ownership and other real
rights by irtue of which# there being intention and capacity on the part
of the grantor and grantee and the pre7existence of said rights in the
estate of the grantor# they are transmitted to the grantee through a just
title' !whut?"
$e%uisites8
i' 3re7existence in the estate of the grantor of the right to be
transmitted
ii' Aust cause or title for the transmission
iii' 4ntention on the part of the grantor to grant and on the part of
the grantee to ac%uire
i' )apacity to transmit and to ac%uire
' An act which gies it outward form# physically# symbolically or
legally
3urpose8 non nudis pactis, sed traditione dominia rerum trans%eruntur/
?wnership is transferred# among other means# by tradition' /he deliery
of a thing constitutes a necessary and indispensable re%uisite for the
purpose of ac%uiring the ownership of the same by irtue of a contract'
Ninds8
a' $eal tradition
b' )onstructie tradition
i' +ymbolic
ii' /radition by public instrument
iii' /raditio longa manu
i' /radition brei manu
' /radition constitutum possessorium
c' ,uasi tradition
d' /radition by operation of law
What do you actually delier?
?wnership# possession and control of the subject matter'
What if the endor points to the endee a certain house which he already
sold to the endee# but there are security guards roaming around the lot?
=o tradition' !As9 Aaymie $eyes'"
)ase doctrines
A stranger to the succession of a dead person cannot conclusiely claim
ownership oer the subject lot on the sole basis of the waier document
which neither recites the elements of either a sale# or a donation# or any
other deriatie mode of ac%uiring ownership' !Acap )A"
An affidait not accompanied by any instrument showing the sale
between a purported endor and endee is not a basis of ownership'
!Eeirs of dela )ruG Eeirs of ,uintos"
Cor lands of public domain# in order to ac%uire it by prescription# there
must be a declaration of the +tate that its alienable and disposable and
a positie act that states that it is no longer needed for public use' ?nly
at that point will the counting for prescription start' !Eeirs of Malabanan"
TITLE ONE 1 O::CPATION
Art& 21.& Things a##ro#riale y nat,re which are witho,t an owner+
s,ch as animals that are the o!ect o" h,nting an$ "ishing+ hi$$en
treas,re an$ aan$one$ mo'ales+ are ac6,ire$ y occ,#ation& H019I
What is the concept of occupation?
&' Defined as the appropriation of things appropriable by nature which are
without an owner'
*' /he seiGure of things corporeal which hae no owner with the intention
of ac%uiring the ownership thereof'
What are the re%uisites of occupation?
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&' +eiGure of a thing
*' Must be corporeal personal property
-' Must be susceptible of appropriation by nature
@' Must be without an owner
<' Must be an intention to appropriate
H' $e%uisites or conditions laid down by law must be complied with
What constitutes seiGure?
4t is sufficient that there is an act of ta9ing possession# material holding
not being essential as long as the possessor considers the thing as
subjected to his control or disposition
/he thing must be corporeal personal property without 9nown owner
!res nullius" or abandoned by the owner' res communes are not
appropriable by nature'
/he must be an intent to ac%uire ownership# otherwise# the seiGure
would not be appropriation in the legal sense# but mere material holding'
?ccupation 3ossession
Mode of ac%uiring ownership Merely raises the presumption of
ownership when it is exercised in the
concept of owner
)orporeal personal property Any property
$e%uires that the object be without
an owner
May refer to property owned by
somebody
$e%uires an intent to ac%uire
ownership
)oncept of mere holder
May not ta9e place without some
form of possession
May exist without occupation
+hort duration Generally of longer duration
6y itself# cannot lead to another
mode of ac%uisition
May lead to another mode# which is
prescription
What are the ways by which occupation may be effected?
&' 6y hunting and fishing
*' 6y finding of moables which neer had any owner
-' 6y finding of moables which hae been abandoned by the owner# and
@' 6y finding of hidden treasure
What about wild animals?
/hey are possessed only while they are under ones control'
When is a thing abandoned# lost or ta9en by force?
A thing is considered abandoned when the spes recuperandi
!expectation to recoer" is gone and the animo revertendi !intention to
hae it returned" is finally gien up by the owner'
A thing has been lost or ta9en by force is not ipso %acto conerted into a
res nullius so as to belong to the first person who ta9es possession of
the same without the necessity of proing the mode of his ac%uisition
and it may thus be recoered by the original owner'
Art& 214& The ownershi# o" a #iece o" lan$ cannot e ac6,ire$ y
occ,#ation& HnI
:and is not included among things that can be the object of occupation
the reason is that when the land is without an owner# it pertains to the
state'
6ut# what about abandoned priate land?
Art& 21*& The right to h,nt an$ to "ish is reg,late$ y s#ecial laws& H011I
Do 4 hae a right to hunt and fish?
=o'
+trictly spea9ing# no one has a right to hunt or fish'
/he priilege to hunt or fish# howeer# may be granted and regulated by
law'
Art& 210& The owner o" a swarm o" ees shall ha'e a right to #,rs,e
them to anotherJs lan$+ in$emni"ying the #ossessor o" the latter "or the
$amage& I" the owner has not #,rs,e$ the swarm+ or ceases to $o so
within two consec,ti'e $ays+ the #ossessor o" the lan$ may occ,#y or
retain the same& The owner o" $omesticate$ animals may also claim
them within twenty $ays to e co,nte$ "rom their occ,#ation y
another #erson& This #erio$ ha'ing e/#ire$+ they shall #ertain to him
who has ca,ght an$ -e#t them& H01)aI
/his article tal9s of domesticated# not domestic animals'
With respect to domestic animals# he can claim them een beyond
twenty days from their occupation unless there is abandonment on his
part'
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/his article does not apply to a case where a person has found a
domestic animal and 9ept it for a number of years not 9nowing its
owner'
A domesticated animal which has not strayed or been abandoned
cannot be ac%uired by occupation by a person to whose custody it was
entrusted
/he periods of two days and twenty days are not periods of limitation#
but conditions precedent to recoery'
Art& 212& Pigeons an$ "ish which "rom their res#ecti'e ree$ing #laces
#ass to another #ertaining to a $i""erent owner shall elong to the
latter+ #ro'i$e$ they ha'e not een entice$ y some article o" "ra,$&
H01.aI
/his article does not refer to wild pigeons and fish in a state of liberty or
that lie naturally independent of man' /heir occupation is regulated by
Art I&<'
What is contemplated here are pigeons and fish considered as
domesticated animals subject to the control of man in priate breeding
places'
/he pigeons and fish must change their breeding place to another
belonging to a different owner'
(nless enticed by some artifice or fraud# the shall belong to the owner
of the breeding place to which they shall hae transferred'
Art& 215& ;e who y chance $isco'ers hi$$en treas,re in anotherJs
#ro#erty shall ha'e the right grante$ him in article 4.5 o" this :o$e&
H014I
Art& 217& <hoe'er "in$s a mo'ale+ which is not treas,re+ m,st ret,rn it
to its #re'io,s #ossessor& I" the latter is ,n-nown+ the "in$er shall
imme$iately $e#osit it with the mayor o" the city or m,nici#ality where
the "in$ing has ta-en #lace&
The "in$ing shall e #,licly anno,nce$ y the mayor "or two
consec,ti'e wee-s in the way he $eems est&
I" the mo'ale cannot e -e#t witho,t $eterioration+ or witho,t
e/#enses which consi$eraly $iminish its 'al,e+ it shall e sol$ at
#,lic a,ction eight $ays a"ter the #,lication&
Si/ months "rom the #,lication ha'ing ela#se$ witho,t the
owner ha'ing a##eare$+ the thing "o,n$+ or its 'al,e+ shall e awar$e$
to the "in$er& The "in$er an$ the owner shall e olige$+ as the case
may e+ to reim,rse the e/#enses& H01*aI
Art& 2)9& I" the owner sho,l$ a##ear in time+ he shall e olige$ to #ay+
as a rewar$ to the "in$er+ one1tenth o" the s,m or o" the #rice o" the
thing "o,n$& H010aI
+ee codal for rules' Cairly simple'
/his article is based on the fact that one who lost his property does not
necessarily abandon it' 4f there is no abandonment# the lost thing has
not become res nullius/
3aragraph @ contemplates implied abandonment'
Title II& 1 INTELLE:TCAL :REATION
Art& 2)1& =y intellect,al creation+ the "ollowing #ersons ac6,ire
ownershi#%
H1I The a,thor with regar$ to his literary+ $ramatic+ historical+
legal+ #hiloso#hical+ scienti"ic or other wor-(
H)I The com#oser( as to his m,sical com#osition(
H.I The #ainter+ sc,l#tor+ or other artist+ with res#ect to the
#ro$,ct o" his art(
H4I The scientist or technologist or any other #erson with
regar$ to his $isco'ery or in'ention& HnI
Art& 2))& The a,thor an$ the com#oser+ mentione$ in Nos& 1 an$ ) o"
the #rece$ing article+ shall ha'e the ownershi# o" their creations e'en
e"ore the #,lication o" the same& Once their wor-s are #,lishe$+
their rights are go'erne$ y the :o#yright laws&
The #ainter+ sc,l#tor or other artist shall ha'e $ominion o'er
the #ro$,ct o" his art e'en e"ore it is co#yrighte$&
The scientist or technologist has the ownershi# o" his
$isco'ery or in'ention e'en e"ore it is #atente$& HnI
Art& 2).& Letters an$ other #ri'ate comm,nications in writing are
owne$ y the #erson to whom they are a$$resse$ an$ $eli'ere$+ ,t
they cannot e #,lishe$ or $isseminate$ witho,t the consent o" the
writer or his heirs& ;owe'er+ the co,rt may a,thori4e their #,lication
or $issemination i" the #,lic goo$ or the interest o" !,stice so
re6,ires& HnI
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Art& 2)4& S#ecial laws go'ern co#yright an$ #atent& H4)7aI
Title III& 1 8ONATION
:;APTER ONE
NATCRE O3 8ONATIONS
Art& 2)*& 8onation is an act o" lierality wherey a #erson $is#oses
grat,ito,sly o" a thing or right in "a'or o" another+ who acce#ts it&
H015aI
)oncept of donation
4n its generic sense# the term donation includes all forms of gratuitous
dispositions'
/he donation the article spea9s of and which is goerned by /itle /hree
is the donation proper or the true !or real" donation# or ordinary
donation'
What is the nature and effect of donation?
Although Art I*< defines donation as an act# it is really a contract# with
all the essential re%uisites of a contract'
4t falls under contracts of pure beneficence# the consideration being the
mere liberality of the benefactor'
/he )iil )ode considers donation not among the contracts that transfer
ownership but as a particular mode of ac%uiring and transmitting
ownership'
As a mode of ac%uiring ownership# donation results in an effectie
transfer of title oer the property from the moment the donor is made
aware of the acceptance by the donee# proided that the donee is not
dis%ualified or prohibited by law from accepting the donation'
?nce accepted# it is generally considered irreocable# and the donee
becomes owner of property# except8
&' on account of officiousness#
*' failure of the donee to comply with the charge imposed on the
donation#
-' or ingratitude'
/he effect of donation is to reduce the patrimony or asset of the donor
and to increase that of the donee' Eence# the giing of a mortgage or
any other security does not constitute a donation'
$e%uisites of donation
&' Donor must hae capacity to ma9e the donation of a thing or right
*' Donatie intent !animus donandi" or intent to ma9e the donation out of
liberality to benefit the donee
-' /here must be deliery# whether actual or constructie
@' Donee must accept or consent to the donation'
4n certain donations# the form prescribed by law must be followed !+ee
Art I@D7I@K"
/he subject matter of a donation may be a thing or right' A person may
be a donee although he is incapacitated to enter into a contract if he is
not specially dis%ualified by law to accept donations'
=ot enough that the act is gratuitous# there must be an intent to benefit
the donee'
/he acceptance or consent of the donee is re%uired because no once
can be obliged to receie a benefit against his will'
)ase doctrines
/he essential elements of donation are as follows8
o .ssential reduction of the patrimony of the donor
o 4ncrease in the patrimony of the donee
o /he intent to do an act of liberality or animus donandi !Eeirs of
Clorencio Eeirs of de :eon"
4n order that the donation of an immoable property may be alid# the
deed of donation must be made in a public document' /he acceptance
must be in a public document as well' !Eeirs of Clorencio"
$egistration of the deed in the ?ffice of the $D or in the Assessors
?ffice is not necessary for it to be considered alid and official'
$egistration does not est title' /he necessity of registration comes into
play only when the rights of third persons are affected' Curthermore# the
heirs are bound by the deed of contracts executed by their
predecessors7in7interest' !Eeirs of Clorencio"
A %uitclaim is not a donation where those who executed the same
merely ac9nowledged the ownership of and better right oer the lot by
other persons' !Eeirs of $eyes )alumpang"
Acceptance is necessary in a donation' /his applies to all 9inds of
donations because the law does not ma9e any distinction' A donation
mortis causa ta9es effect only after the death of the donor# conse%uently
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it is only after the latters death that its acceptance maybe made' !Fita
Montanano"
3rudent thing to do when drafting deeds of donation8 3lace an
acceptance clause' +o# if court considers it inter vivos# then it would
hae been accepted' 4f court considers it mortis causa# then the clause
would be a mere superfluity# still open to the acceptance of the donee
upon the death of the donor' !Atty Abrenica"
/he purpose of the formal re%uirement for acceptance of a donation is
to ensure that such acceptance is duly communicated to the donor' /he
actual 9nowledge by the donor of the construction and existence of the
school building pursuant to the condition of the donation fulfills the legal
re%uirement that the acceptance of the donation by the donee be
communicated to the donor' !$epublic +ilim"
Art& 2)0& <hen a #erson gi'es to another a thing or right on acco,nt o"
the latterJs merits or o" the ser'ices ren$ere$ y him to the $onor+
#ro'i$e$ they $o not constit,te a $eman$ale $et+ or when the gi"t
im#oses ,#on the $onee a ,r$en which is less than the 'al,e o" the
thing gi'en+ there is also a $onation& H017I
What are the 9inds of donation?
&' As to ta9ing effect8
a' 4nter ios or that which ta9es effect during the lifetime of
the donor
b' Moris causa or that which ta9es effect upon the death of
the donor
c' 3ropter nuptias or that by reason of marriage
*' As to consideration
a' 3ure or simple5 or that the cause of which is the pure
liberality of the donor in consideration of the donees
merits
b' $emuneratory or compensatory5 or that which is gien out
of gratitude on account of the serices rendered by the
donee to the donor# proided they do not constitute a
demandable debt
c' Modal or that which imposes upon the donee a burden
!serices to be performed in the future" less than the alue
of the gift
d' ?nerous or that the alue of which is considered the
e%uialent of the consideration for which it is gien# or that
made for a aluable consideration# and is thus goerned
by the rules on oblicon
-' As to effectiity or extinguishment
a' 3ure
b' )onditional
c' With a term
/ell me more about remuneratory donations
4n this 9ind of donation# the motiating cause is gratitude#
ac9nowledgment of a faor# a desire to repay for past serices
A donation gien for future serices cannot be remuneratory
4t is necessary that the past serices do not constitute a demandable
debt
o A debt is demandable when it can be legally demanded or enforced
by the donee against the donor who has thus an obligation to pay it'
6ut a debt that has been renounced is not a demandable debt'
What about gratuities and pensions?
While technically a gratuity is different from a donation# in substance#
they are the same'
A gratuity is similar to a pension and is essentially remuneratie
donation'
/ell me more about modal donations
4n a modal donation# a burden !which is necessarily future" less than the
alue of the gift is imposed upon the donee'
4f the burden is considered the e%uialent of the thing or right gien#
then its an onerous donation'
/he burden may consist in a real or personal charge which is capable of
being alued in terms of money'
What are donations with mixed features?
+trictly spea9ing# remuneratory donations are those which are gien on
account of serices rendered by the donee to the donor'
Modal donations are conditional only in the sense that a burden# charge#
condition or limitation is imposed y the donor but the burden is not
technically a condition in the sense of an uncertain eent upon which
the effectitiy or extinguishment of donation is made to depend for it is
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really a mere obligation imposed by the donor upon the donee as a
consideration
Actually# a modal donation has dual nature# it is partly onerous and
partly simple 2 the portion e%uialent to the burden is onerous and is
goerned by the rules on obligations and contracts# while the portion
exceeding the alue of the burdens imposed# is simple and must follow
the form of donations'
Earry donates to $on a parcel of land worth -;; galleons
*
but $on has to
gie another parcel of land or perform some serice worth &;; galleons# the
transaction is onerous as the &;; galleons which must be in the form of a
contract of barter or exchange# and simple as to the *;; galleons which
must follow the form of donations'
)ase doctrines
An onerous donation is that which imposes upon the donee a reciprocal
obligation# or to be precise# this is the 9ind of donation made for a
aluable consideration# the cost of which is e%ual to or more than the
thing donated' !)A Mulo $oman )atholic 6ishop of +an 3ablo"
+ince onerous donations are goerned by the rules of contracts# the
prescription period is &; years !based on a written contract"# and not the
@7year period based on Article IH@ !reocation must be brought within @
years from the non7compliance of the conditions of the donation"' !De
:una Abrigo"
$emuneratory donation is one where the donee gies something to
reward past or future serices or because of future charges or burdens#
when the alue of said serices# burdens or charges is less than the
alue of the donation' !De :una 7R this definition seems wrong as it
includes future charges# which are necessarily modal"
Art& 2)2& Illegal or im#ossile con$itions in sim#le an$ rem,neratory
$onations shall e consi$ere$ as not im#ose$& HnI
Whats the effect of illegal or impossible conditions?
(nder Article I*I# the illegal or impossible condition in a simple or
remuneratory donation would be deemed not imposed following the rule
2
As of Auly *;;H# the galleon7dollar exchange rate was &8&H'I*' 4t hasnt gone below
&8&< eer since' Wala lang# boring ng property eh' Earry 3otter na lang'
on testamentary dispositions' /he donation will be considered as
simiple'
4f the donation is onerous !or modal# as to its onerous portion"# the
illegal or impossible condition shall render it oid' 6eing contractual in
nature# the rule applicable would be that found in Article &&D- !chec9
codal# if diisible# only condition will be oid"
)ase doctrine
/he prohibition in the deed of donation against the alienation of the
property for &;; years should be declared as an illegal or
impossible condition within the contemplation of Article I*I'
)onse%uently# such condition shall be considered as not imposed'
=o reliance may accordingly be placed on said prohibitory
paragraph in the deed of donation' !Archbishop of Manila )A"
Art& 2)5& 8onations which are to ta-e e""ect ,#on the $eath o" the
$onor #arta-e o" the nat,re o" testamentary #ro'isions+ an$ shall e
go'erne$ y the r,les estalishe$ in the Title on S,ccession& H0)9I
Art& 2)7& <hen the $onor inten$s that the $onation shall ta-e e""ect
$,ring the li"etime o" the $onor+ tho,gh the #ro#erty shall not e
$eli'ere$ till a"ter the $onorJs $eath+ this shall e a $onation inter
'i'os& The "r,its o" the #ro#erty "rom the time o" the acce#tance o" the
$onation+ shall #ertain to the $onee+ ,nless the $onor #ro'i$es
otherwise& HnI
4nter ios Mortis causa
/a9es effect during the lifetime of the
donor# independently of his death#
een if the actual execution may be
deferred until said death
/a9es effect upon the death of the
donor testator# so that nothing is
coneyed to or ac%uired by the
donee until said death
Made out of the donors pure
generosity
Made in contemplation of his death
without the intention to lose the thing
or its free disposal in case of surial
Falid if the donor suries the donee Foid should the donor surie the
donee
Must follow formalities of donations Must follow formalities for the alidity
of a will# otherwise oid
Accepted by the donee during his
lifetime
Accepted only after the donors
death
)annot be reo9ed except for Always reocable at any time and for
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grounds proided by law !+ee IH;#
IH<"
any reason before the donors death
!reocable ad nutum 2 at the
discretion of the grantor"
$ight to dispose of the property is
completely coneyed to the donee
$ight is retained by the donor while
he is still alie
+ubject to donors tax +ubject to estate tax
Designation gien to donations not conclusie
Did the donor intend to transfer ownership of the property donated upon
the execution of the donation? 4f yes# then it is inter vivos/ 4f not# then# it
is merely mortis causa'
0/o ta9e effect at the death of the creditor1 does not automatically ma9e
it mortis causa' +uch statements must be construed with the rest of the
instrument'
Donations to be deliered after the donors death
A distinction must be made between the actual donation and the
execution thereof
/hat the donation is to hae effect during the lifetime of the donor does
not mean that the deliery of the property must be made during his life'
Article I*K spea9s of donations in praesenti which ta9e effect during the
lifetime of the donor but the property shall be deliered after the donors
death'
+uch are inter vivos although the subject matter is not deliered at
once# or the deliery is to be made post mortem# which is a simple
matter of form and does not change the nature of the act'
/he fruits shall belong to the donee from the time of acceptance unless
otherwise proided by the donor'
4nstances
Why is it important to ma9e a distinction between inter vivos and mortis
causa9
/he distinction between a transfer inter vivos and mortis causa is
important as the alidity or reocation of the donation depends upon its
nature'
4f the donation is inter vivos# it must be executed and accepted with the
formalities prescribed by Articles I@D and I@K# except when it is
onerous in which case the rules on contracts apply'
4f it is mortis causa# the donation must be in the form of a will# with all
the formalities for the alidity of wills# otherwise it is oid and cannot
transfer ownership' Moreoer# mortis causa can be reo9ed any time
before the death of the donor' !Ganuelas )awed"
What clauses are found in a deed of donation?
&' Eabendum or warranty clause !wherein grantor transfers
ownership"
*' $edendum or reseration clause !wherein grantor reseres
something new to himself"
-' Acceptance clause
)ase doctrines
4t is a settled rule that the title gien to a deed of donation is not the
determinatie factor which ma9es the donation inter vivos or mortis
causa/
4n case of doubt# the coneyance should be deemed donation inter
vivos rather than mortis causa# in order to aoid uncertainty as to the
ownership of the property subject of the deed' !3uig 3enaflorida 2 but
see boo9 which cites the same case but says the opposite"
Donations inter vivos are immediately operatie# een if the actual
execution may be deferred until the death of the donor' Mortis causa#
nothing is coneyed to the grantee and nothing is ac%uired by the latter#
until the death of the grantor7testator# the disposition being until then
ambulatory and not final' !3uig"
Acceptance clause is a mar9 that the donation is inter vivos'
Acceptance is a re%uirement for donations inter vivos/ Donations moris
causa are not re%uired to be accepted by the donees during the donors
lifetime' !Gestopa )A"
A limitation on the right to sell during the donors lifetime implied that
ownership had passed to the donees and donation was already
effectie during the donors lifetime' !Gestopa"
o $eiterated in Alejandro GeraldeG8 )ondtion that donees
cannot sell during donors lifetime to a third person the donated
property implies immediate passage of ownership and#
therefore donation is inter vivos/
/he reseration of lifetime usufruct indicates that the donor intended to
transfer the na9ed ownership oer the properties# thus ma9ing it inter
vivos' !Gestopa"
Cactors in determining whether a donation is one of mortis causa8
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&' 4t coneys no title or ownership to the transferee before the death of
the transferor5 or what amounts to the same thing# that the
transferor should retain the ownership !full or na9ed" and control of
the property while alie5
*' /he before his death# the transfer should be reocable by the
transferor at will# ad nutum5 but reocability may be proided for
indirectly by means of a resered power in the donor to dispose of
the properties coneyed5 and
-' /hat the transfer should be oid if the transferor should surie the
transferee !Maglasang Eeirs of )oraGon )abatingan"
?ne of the decisie characteristics of a donation mortis causa is that the
transfer should be considered oid if the donor should surie the donee
!Maglasang"
Donations mortis causa must be executed in accordance with the
re%uisites on solemnities of wills and testaments under Articles D;< and
D;H of the )iil )ode
Art& 2.9& The "i/ing o" an e'ent or the im#osition o" a s,s#ensi'e
con$ition+ which may ta-e #lace eyon$ the nat,ral e/#ectation o" li"e
o" the $onor+ $oes not $estroy the nat,re o" the act as a $onation inter
'i'os+ ,nless a contrary intention a##ears& HnI
Donation inter vivos subject to suspensie condition
/his article contemplates a situtation where the donor intends the
donation to ta9e effect during his lifetime but he imposes suspensie
condition which may or may not ta9e place beyond his lifetime'
/he fact that the eent happens or the condition is fulfilled after the
donors death does not change the nature of the act as a donation inter
vivos'
/he effect of the fulfillment of the suspensie condition is retroactie to
the ma9ing of the donation'
.Q).3/4?=8 when the donor really intended that the donation should
ta9e effect after his death' /hus# mortis causa'
Art& 2.1& <hen a #erson $onates something+ s,!ect to the resol,tory
con$ition o" the $onorJs s,r'i'al+ there is a $onation inter 'i'os& HnI
Donation inter ios subject to a resolutory condition
4n these cases# the ownership of the donated property is immediately
transferred to the donee upon perfection of the donation once
acceptance by the donee is made 9nown to the donor'
A donation subject to a resolutory condition ta9es effect immediately but
shall become inefficacious upon the happening of the eent which
constitutes the condition'
.en if the donation is subject to the resolutory condition of the donors
surial# the donation is still inter vivos/
o 4 will donate this land to you# but if 4 surie World War 444# 4 will
get it bac9' 4f 4 surie World War 444# the donation is rescinded'
4f 4 dont ma9e it# then it continues in effect'
Art& 2.)& 8onations which are to ta-e e""ect inter 'i'os shall e
go'erne$ y the general #ro'isions on contracts an$ oligations in all
that is not $etermine$ in this Title& H0)1I
Art& 2..& 8onations with an onero,s ca,se shall e go'erne$ y the
r,les on contracts an$ rem,neratory $onations y the #ro'isions o"
the #resent Title as regar$s that #ortion which e/cee$s the 'al,e o" the
,r$en im#ose$& H0))I
$ules goerning onerous donations or onerous portions of donations
/his article ma9es the rules of contracts directly applicable to onerous
donations and to remuneratory donations as to the onerous portion
thereof
?nerous donations are donations for a aluable consideration' /hey
include those purely onerous or those in which the consideration is
considered the e%uialent of the property donated and the modal but
only as regards that portion thereof considered the e%uialent of the
alue of the burden imposed'
$emuneratory donations are true or simple donations because the
consideration is really the liberality of the donor since the serices
rendered by the donee do not constitute a recoerable debt' Eoweer#
the special rules on reocation should not apply to the portion of the
donation e%uialent to the e%uitable alue of the serices receied by
the donor'
/he remuneratory donations referred to in Article I-- are the modal
donations or those which impose 0upon the donee a burden which is
less than the alue of the thing gien1 as regards that portion which
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exceeds the alue of the burden# it shall be goerned by the proisions
on donations'
/here is no burden imposed on remuneratory donations' 4f a burden is
imposed# it becomes onerous as regards the alue of the burden'
)ase doctrines
As onerous donations are goerned by the rules on contracts# for there
to warrant a reocation of the donation# there must be a substantial
breach of the conditions in the deed' Mere casual breaches will not
warrant reocations' !)A Mulo $) 6ishop"
)onsidering that the donees acts did not detract from the ery purpose
for which the donation was made but precisely to achiee such purpose
!of the donation"# a lac9 of prior written consent of the donor !which was
a condition of the donation" would only constitute casual breach of the
deed' !)A Mulo"
Art& 2.4& The $onation is #er"ecte$ "rom the moment the $onor -nows
o" the acce#tance y the $onee& H0).I
3erfection of donation
/here is no donation without acceptance by the donee'
Acceptance is indispensable because nobody is obliged to receie a
benefit against his will'
4ts absence ma9es the donation null and oid'
/he acceptance must be made during the lifetime of the donor and the
donee'
3erfection ta9es place# not from the time of acceptance by the donee#
but from the time it is made 9nown# actual or constructiely# to the
donor'
4f the donation and acceptance are in the same public instrument#
signed by both and in the presence of witnesses# the donation is
deemed already perfected inasmuch as 9nowledge of the acceptance is
established by the instrument itself'
4f acceptance was made in a separate instrument# there must be proof
that a formal notice of such acceptance was receied by the donor# and
in case the donation inoles immoable property# noted in both the
deed of donation and the separate instrument embodying the
acceptance' !+ee Art I@K"
What if there is reocation?
4f the donor reo9es the donation before learning of the acceptance by
the donee# there is no donation'
6ut once it is perfected# it cannot be reo9ed without the consent of the
donee except8
&' 4nofficiousness !Art IH;"
*' Cailure of the donee to comply with the charges imposed in the
donation !Art IH@"
-' 4ngratitude !Art IH<"
4s registration necessary?
As between the parties to the donation and their assigns# it is not
needed for its alidity and efficacy' !6ut it must be in a public document
for immoables>"
6ut for third parties to be bound# there must be registration'
)ase doctrines
/he purpose of the formal re%uirement for acceptance of a donation is
to ensure that such acceptance is duly communicated to the donor' /he
actual 9nowledge by the donor of the construction and existence of the
school building pursuant to the condition of the donation fulfills the legal
re%uirement that the acceptance of the donation by the donee be
communicated to the donor' !$epublic +ilim"
:;APTER )
PERSONS <;O MAY >IVE OR RE:EIVE A 8ONATION
Art& 2.*& All #ersons who may contract an$ $is#ose o" their #ro#erty
may ma-e a $onation& H0)4I
)apacity of donor to contract and dispose of property
/he donor must hae both the capacity to contract and the capacity to
dispose of his property in order that he may ma9e a donation'
/hose who cannot gie consent to a contract cannot be donors5 and
donation made by one who does not hae the free disposal of the thing
donated and to alienate it shall not be alid'
4t is possible# howeer# for a person to hae capacity to contract but not
the capacity to dispose of property'
o (nder the Camily )ode# eery donation between spouses
during the marriage shall be oid except moderate gifts on the
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occasion of any family rejoicing' /he prohibition applies also to
persons liing together as husband and wife without a alid
marriage# or in illicit relations'
o =either spouse may donate any community property nor
conjugal partnership property without the consent of the other#
except moderate donations for charity or on occasion of family
rejoicing or family distress'
)an corporations ma9e donations?
Mes' 6ut they cant gie donations to aid any political party or candidate
or for purposes of partisan political actiity'
Who are incapacitated to donate?
&' Minors
*' 4nsane or demented persons
-' Deaf7mutes who do not 9now how to write
@' )orporations !with regard to giing donations to aid any political party"
<' Guardians and trustees !with regard to property entrusted to them"
H' +pouses !to each other# except moderate gifts"
I' A spouse !to others without the consent of the other spouse# except
moderate donations"
Art& 2.0& >,ar$ians an$ tr,stees cannot $onate the #ro#erty entr,ste$
to them& HnI
Donation by a guardian or trustee of wards property
Generally# guardians and trustees cannot be donors of their wards
properties for the simple reason that they are not the owners of the
same'
.xception8 With respect to the trustee# donation is permitted
notwithstanding that the trustee receies nothing in exchange directly# if
the donation is onerous and is beneficial to the beneficiary'
Art& 2.2& The $onorJs ca#acity shall e $etermine$ as o" the time o" the
ma-ing o" the $onation& HnI
)apacity of donor at time of ma9ing the donation
/he donation is perfected from the moment the donor 9nows of the
acceptance by the donee'
Eoweer# this article seems to imply that the donors capacity must exist
at the time of ma9ing the donation and not from the time of 9nowledge
by the donor of the acceptance# that is# at the perfection of the act
A juridical absurdity arises in case the donor has no capacity to act at
the time the acceptance is coneyed to him' +ince legally# the donor
cannot be said to hae 9nowledge of the acceptance# there can be no
perfection of the donation which presupposes a meeting of the minds
between the donor and the donee who are both capacitated'
/o aoid the apparent contradiction# the phrase 0ma9ing of the donation1
should be construed to mean 0perfection of the donation1
Eence# the donation would be alid# although the donor was insane at
the time he signs the deed of donation or informs the donee of the
donation but sane when he learns of the acceptance' /he donor may
as9 for annulment of the donation if he so desires
/he subse%uent incapacity of the donor does not affect the alidity of
the donation' /his is similar to the rule in succession'
Art& 2.5& Al those who are not s#ecially $is6,ali"ie$ y law there"or
may acce#t $onations& H0)*I
)apacity of the donee
Generally# all persons# whether natural or artificial# may be donees'
A donee need not be sui juris# with complete legal capacity to bind
himself by contract'
As long as he is 0not specially dis%ualified by law1# he may accept
donations'
+o# donations may be made to8
&' 4ncapacitated persons such as minors and others who cannot
enter into a contract#
*' and also to conceied and unborn children'
Art& 2.7& The "ollowing $onations shall e 'oi$%
H1I Those ma$e etween #ersons who were g,ilty o" a$,ltery
or conc,inage at the time o" the $onation(
H)I Those ma$e etween #ersons "o,n$ g,ilty o" the same
criminal o""ense+ in consi$eration thereo"(
H.I Those ma$e to a #,lic o""icer or his wi"e+ $escen$ants an$
ascen$ants+ y reason o" his o""ice&
In the case re"erre$ to in No& 1+ the action "or $eclaration o"
n,llity may e ro,ght y the s#o,se o" the $onor or $onee( an$ the
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g,ilt o" the $onor an$ $onee may e #ro'e$ y #re#on$erance o"
e'i$ence in the same action& HnI
Donations oid on moral grounds
/his article declares null and oid ab initio the donations referred to'
What are the different oid donations?
&' 6etween persons who were guilty of adultery and concubinage at
the time of the donation
*' 6etween persons found guilty of the same criminal offense# in
consideration thereof
-' Made to a public officer or his wife# descendants and ascendants#
by reason of his office
@' 6etween spouses during the marriage# except moderate gifts which
they may gie each other on the occasion of any family rejoicing
!Art DI# Camily )ode"
<' Donations of community property by a spouse without the consent
of the other# except moderate donations !Art KD# Camily )ode"
H' Donations of conjugal partnership property by a spouse without the
consent of the other# except moderate donations !Art &*<# Camily
)ode"
I' Donations to those proided for in Article I@;# in cross reference to
Art &;*I and &;-*'
D' Donations accepted by agents without special authority to do so
!Art I@<"
K' Donations of immoables which dont conform to the form
prescribed in Art I@K
Donations between persons guilty of adultery and concubinage
/he ciil action for declaration of nullity may be brought after the
persons inoled hae been found guilty by final judgment in a criminal
proceeding of adultery or concubinage'
4n iew of the last paragraph# coniction for adultery or concubinage in a
criminal action is not essential'
/he guilt of the donor and the donee may be proed by a mere
preponderance of eidence in a ciil proceeding to nullify the donation#
alleging the adultery or concubinage as the cause of action for the
declaration of nullity'
/he donation is oid# whether made before or after the illicit relations# if
gien in consideration thereof# either as inducement or compensation'
What if the donation is gien in contemplation of the termination of the
relationship# is the donation still oid?
o +ince the purpose is praiseworthy# good for all concerned# it should
be considered alid'
o /his is particularly true when the woman !donee" was a ictim of
deceit by the man'
o Eoweer# where the illicit relation was oluntary# and the donation
was demanded by the woman as a price of the termination of their
relationship# the donation is oid'
What if the concubine did not 9now that the man she lied with was
actually married?
o /hen she is not guilty of concubinage and not dis%ualified from the
donation'
Donations between persons found guilty of the same criminal offense
/his rules presupposes prior criminal coniction in a criminal action5
hence proof of guilty by mere preponderance of eidence is not
sufficient'
/he donation here is remuneratory or onerous' 4t is oid whether made
before or after the commission of the crime if it is in consideration
thereof'
4t is still oid although the crime is not carried out because it is based on
an unlawful cause'
Donations made to a pubic officer# by reason of his office
4ndirect bribery>
/he guilt need not be established by proof beyond reasonable doubt in
a criminal proceeding for bribery'
A ciil action to declare the donation oid may be maintained by the
proper party in interest'
Donations made to persons other than those mentioned are alid#
unless# of course# they are intended for the public officer'
Art& 249& Inca#acity to s,ccee$ y will shall e a##licale to $onations
inter 'i'os& HnI
4ncapacity to succeed by will
/his article expressly ma9es the proisions on incapacity to succeed by
will applicable to donations inter vivos
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?f course# they are also applicable to donations mortis causa which are
goerned by the law on succession
According to Art &;*I# the following are incapable of becoming donees8
&' /he priest who heard the confession of the donor during his last
illness# or the minister of the gospel who extended spiritual aid to
him during the same period
*' /he relaties of such priest or minister of the gospel within the
fourth degree# the church# order# chapter# community# organiGation#
or institution to which such priest or minister may belong
-' A guardian with respect to donations gien by a ward in his faor
before the final accounts of the guardianship hae been approed#
een if the donor should die after the approal thereof5
neertheless# any proision made by the ward in faor of the
guardian when the latter is his ascendant# descendant# brother#
sister# or spouse# shall be alid
@' Any physician# surgeon# nurse# health officer or druggist who too9
care of the donor during his last illness
<' 4ndiiduals# associations# and corporations not permitted by law to
inherit'
According to Art &;-*# there are certain people who are deemed
incapable to inherit by reason of unworthiness' /he donation made to a
person who falls under any of its proisions is alid if the donor had
9nowledge of the act of unworthiness or haing 9nown it subse%uently#
he should condone the same in writing' .en in the absence of pardon#
the donation is not subject to reocation because donations may be
reo9ed only for causes mentioned in Articles IH;# IH@ and IH<' +o#
who are these people?
&' 3arents who hae abandoned their children or induced their
daughters to lead a corrupt or immoral life# or attempted against
their irtue5
*' Any person who has been conicted of an attempt against the life
of the testator# his or her spouse# descendants# or ascendants5
-' Any person who has accused the testator of a crime for which the
law prescribes imprisonment for six years or more# if the accusation
has been found groundless5
@' Any heir of full age who# haing 9nowledge of the iolent death of
the testator# should fail to report it to an officer of the law within a
month# unless the authorities hae already ta9en action5 this
prohibition shall not apply to cases wherein# according to law# there
is no obligation to ma9e an accusation5
<' Any person conicted of adultery or concubinage with the spouse of
the testator5
H' Any person who by fraud# iolence# intimidation# or undue influence
should cause the testator to ma9e a will or to change one already
made5
I' Any person who by the same means preents another from ma9ing
a will# or from reo9ing one already made# or who supplants#
conceals# or alters the latterSs will5
D' Any person who falsifies or forges a supposed will of the decedent'
Who are incapable of becoming donees?
&' 3ersons guilty of concubinage or adultery at the time of donation !but
only between them"
*' 3ersons found guilty of the same criminal offense# in consideration
thereof !but only between them"
-' 3ublic officers# etc by reason of their office
@' /hose mentioned in Art &;*I
<' /hose mentioned in Art &;-* !unworthy people"
Art& 241& Minors an$ others who cannot enter into a contract may
ecome $onees ,t acce#tance shall e $one thro,gh their #arents or
legal re#resentati'es& H0)0aI
?9# tell me more about donations to minors and others without capacity to
contact
Donation re%uires acceptance by the donee'
4f the donee is a minor or without capacity to enter into a contract# the
acceptance must be made by the parents or legal representatie of the
donee'
/his is especially true if the donation is onerous or imposes a charge or
burden'
4t is clear that the donee may not alidly accept a donation although it
imposes no burden'
4n any case# when a formal or written acceptance is re%uired by the
donor# such acceptance must be made by the parents or legal
representatie'
Art& 24)& 8onations ma$e to concei'e$ an$ ,norn chil$ren may e
acce#te$ y those #ersons who wo,l$ legally re#resent them i" they
were alrea$y orn& H0)2I
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)an you donate to conceied and unborn children?
Mes>
De :eon once again states the obious by saying# 0A conceied and
unborn child cannot accept a donation because it is not yet a natural
person'1
/he acceptance must be made by those persons who would legally
represent them if they were already born'
Art& 24.& 8onations ma$e to inca#acitate$ #ersons shall e 'oi$+
tho,gh sim,late$ ,n$er the g,ise o" another contract or thro,gh a
#erson who is inter#ose$& H0)5I
Who are the incapacitated persons referred to here?
/hey are those specially dis%ualified by law to become donees# such as
those in Articles I-K and I@;'
Donations to such persons are oid een if simulated under the guise of
another contract or through an intermediary'
Art& 244& 8onations o" the same thing to two or more $i""erent $onees
shall e go'erne$ y the #ro'isions concerning the sale o" the same
thing to two or more $i""erent #ersons& HnI
Donations of the same thing to different donees
/his article expressly ma9es applicable by analogy the rules on sales
-
of the same thing to two ore more different endees'
Eoweer# this article has had its sure of criticism' +ee boo9'
Art& 24*& The $onee m,st acce#t the $onation #ersonally+ or thro,gh an
a,thori4e$ #erson with a s#ecial #ower "or the #,r#ose+ or with a
general an$ s,""icient #ower( otherwise+ the $onation shall e 'oi$&
H0.9I
3
0Art' &<@@' 4f the same thing should hae been donated to different donees# the ownership
shall be transferred to the person who may hae first ta9en possession thereof in good faith#
if it should be moable property' +hould it be immoable property# the ownership shall belong
to the person ac%uiring it who in good faith first recorded it in the $egistry of 3roperty' +hould
there be no inscription# the ownership shall pertain to the person who in good faith was first
in the possession5 and# in the absence thereof# to the person who presents the oldest title#
proided there is good faith'1
Who must accept the donation?
&' /he donee personally# or
*' An authoriGed person or an agent# with a special power for the
purpose# or with a general and sufficient power
4f not?
/hen# the donation is oid'
Does the parent o% a minor need a special power %or the purpose o%
accepting a donation9 3robably not# a parent is not considered an agent of a
minor' /hey are considered legal guardians' !6ut 4m not sure'"
Art& 240& Acce#tance m,st e ma$e $,ring the li"etime o" the $onor an$
o" the $onee& HnI
When should acceptance be made for inter vivos ?
A donation inter vivos ta9es effect during the lifetime of the donor and
the donee# and to ta9e effect# it must be accepted by the donee'
Eence# acceptance by the donee !or his representatie" must be made
during his lifetime and that of the donor'
.en if the donation is made during their lifetime# but the donor dies
before the acceptance is communicated to him# the donation is not
perfected'
Eow about for mortis causa9
Donations mortis causa are accepted only after the donors death
because they parta9e of a will# and are goerned by the rules on
succession'
4f the acceptance was made before the donors death# the donation
mortis causa although alidly executed# cannot be gien force and
effect' +uch acceptance is oid' !6ut is the donation oid? )an there be
a subse%uent acceptance after the death of the donor?"
Art& 242& Persons who acce#t $onations in re#resentation o" others
who may not $o so y themsel'es+ shall e olige$ to ma-e the
noti"ication an$ notation o" which Article 247 s#ea-s& H0.1I
When does this article apply?
&' When acceptance is made through the parents# legal representatie# or
authoriGed agent of the donee5
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*' /he property donated is immoable# and
-' /he acceptance is not made in the same deed of donation but in a
separate public instrument'
/he re%uirement of notification of the donor and notation in both
instruments that such notification has been made is necessary for the
alidity and perfection of the donation'
Art& 245& The $onation o" a mo'ale may e ma$e orally or in writing&
An oral $onation re6,ires the sim,ltaneo,s $eli'ery o" the
thing or o" the $oc,ment re#resenting the right $onate$&
I" the 'al,e o" the #ersonal #ro#erty $onate$ e/cee$s "i'e
tho,san$ #esos+ the $onation an$ the acce#tance shall e ma$e in
writing+ otherwise+ the $onation shall e 'oi$& H0.)aI
What are the rules for the formalities for donations for moables?
When the alue of property exceeds 3<;;;# the donation and the
acceptance must always be made in writing5 otherwise the donation is
oid# een if there is simultaneous deliery of the thing'
o /he donation and the acceptance need not be made in a public
instrument# nor is it necessary that the acceptance be made in the
same deed of donation'
When the alue of property is 3<;;; or less# it may be made orally or in
writing'
o 4f made orally# there must be simultaneous deliery of the thing or
of the document representing the right donated# otherwise# the
donation is oid' /here must be acceptance which may be oral or
written' /he receipt of the deliery by the donee constitutes implied
acceptance'
o 4f made in writing# the donation is alid although there is no
simultaneous deliery' Again# there must be acceptance which may
also be made orally or in writing'
4n eery case# the acceptance of the donee must be made 9nown to the
donor for perfection of a donation to ta9e place'
Art& 247& In or$er that the $onation o" an immo'ale may e 'ali$+ it
m,st e ma$e in a #,lic $oc,ment+ s#eci"ying therein the #ro#erty
$onate$ an$ the 'al,e o" the charges which the $onee m,st satis"y&
The acce#tance may e ma$e in the same $ee$ o" $onation or
in a se#arate #,lic $oc,ment+ ,t it shall not ta-e e""ect ,nless it is
$one $,ring the li"etime o" the $onor&
I" the acce#tance is ma$e in a se#arate instr,ment+ the $onor
shall e noti"ie$ thereo" in an a,thentic "orm+ an$ this ste# shall e
note$ in oth instr,ments& H0..I
Cormalities for donation of immoables
/his article does not apply to onerous donations since they are
goerned by the laws of obligations and contracts
Donation of real property# which is a solemn contract# is oid without the
formalities stated in Article I@K
+o# what are the rules?
When donation and acceptance are in the same instrument# the
re%uirements are8
&' /he donation must be in a public document or instrument5 and
*' /he instrument must specify the property donated and the charges#
if any# which the donee must satisfy'
When the donation and acceptance are in separate instruments# the
re%uirements are8
&' /he donation must be in a public document or instrument5
*' /he instrument must specify the property donated and the charges#
if any# which the donee must satisfy
-' /he acceptance by the donee must be in a public document
@' 4t must be done during the lifetime of the donor
<' /he donor must be notified in authentic form of the acceptance of
the donation in a separate instrument5 and
H' /he fact that such notification has been made must be noted in
both instruments'
o 6ut see the $ep +ilim case wherein the notification was not
noted in the instrument# but still# the +) ruled that the donation
was alid'
/he donation of real property in a priate instrument is null and oid#
and the donee may not compel the donor to execute a public instrument
!&-<I" which applies only when the contract or donation is alid and
enforceable' /he donation cannot be ratified'
$egistration is not necessary for the donation to be considered alid
and effectie'
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Crom the time the public instrument of donation is simultaneously
executed and ac9nowledged by the donor and the donee# the latter
ac%uires the ownership of the donated property# since the execution of a
public instrument of coneyance is one of the recogniGed ways in which
tradition of immoable property may be made# unless the contrary is
expressed or inferable from the terms of the deed'
/itle to immoable property does not pass from the donor to the donee
by irtue of donation until and unless it has been accepted in public
instrument and the donor duly notified thereof'
Where the donation is on its face absolute and unconditional# it is error
to imply that the possession or usufruct is excluded from the donation or
the donation is subject to any charge or burden' /he absence in the
deed of any reseration in faor of the donor is proof that no such
reseration was eer intended considering that under the law# a
donation of immoable by public instrument is re%uired to specify 0the
alue of the charges1 that the donee must assume'
)ase doctrines
/he best or primary eidence of a donation of real property is an
authentic copy of the deed of donation with all the formalities re%uired
by Article I@K' When a party wants to proe the contents of a
documents# the best eidence is the original writing itself'
3rior to the introduction of secondary eidence# a party must establish
the existence and due execution of the instrument# after which he must
proe that the document was lost or destroyed' !D.)+ Del $osario"
Where the deed of donation fails to show the acceptance# or where the
formal notice of the acceptance# made in a separate instrument is not
gien to the donor or else not noted in the deed of donation and in the
separate acceptance# the donation is null and oid' !+umipat 6anga"
:;APTER .
E33E:T O3 8ONATIONS AN8 LIMITATIONS T;EREON
Art& 2*9& The $onations may com#rehen$ all the #resent #ro#erty o"
the $onor+ or #art thereo"+ #ro'i$e$ he reser'es+ in ",ll ownershi# or in
,s,"r,ct+ s,""icient means "or the s,##ort o" himsel"+ an$ o" all
relati'es who+ at the time o" the acce#tance o" the $onation+ are y law
entitle$ to e s,##orte$ y the $onor& <itho,t s,ch reser'ation+ the
$onation shall e re$,ce$ in #etition o" any #erson a""ecte$& H0.4aI
$eseration of sufficient means for support of donor and relaties
A donor may donate all his present property or part thereof proided he
reseres sufficient property in ownership or in usufruct for the support of
himself and of all relaties who are entitled to be supported by him at
the time of the perfection of the donation
3resent property means property which the donor can rightfully dispose
of at the time of the donation'
o /he share in an existing inheritance is present property
although the heir has not yet entered into the possession of the
same'
/he donation of present property without the re%uired reseration is not
null and oid in its entirety5 it is only subject to reduction by the court on
petition of the party prejudiced by the donation 2 the donor himself# any
dependent relatie or creditor of the donor'
/he limitation applies to simple# remuneratie and modal donations but
not to onerous ones which are goerned by the law on obligations and
contracts# nor to donations mortis causa for they ta9e effect only after
the donors death'
Donations propter nuptias cannot exceed more than one7fifth of the
present property of the future spouses if in their marriage settlements
executed before the marriage# they agree upon a regime other than the
absolute community of property'
@
)ase doctrines
When the dnor stated that she would continue to retain the 0possession#
cultiation# haresting and all other rights and atrtributes of ownership1
she meant only dominium utile# not the full ownership' /he words 0rights
and attributes of ownership1 should be construed ejusdem generis with
4
Art' D*' Donations by reason of marriage are those which are made before its celebration# in
consideration of the same# and in faor of one or both of the future spouses' !&*H"
Art' D-' /hese donations are goerned by the rules on ordinary donations established in /itle 444 of
6oo9 444 of the )iil )ode# insofar as they are not modified by the following articles' !&*Ia"
Art' D@' 4f the future spouses agree upon a regime other than the absolute community of property#
they cannot donate to each other in their marriage settlements more than one7fifth of their present
property' Any excess shall be considered oid'
Donations of future property shall be goerned by the proisions on testamentary succession and
the formalities of wills' !&-;a"
Art' D<' Donations by reason of marriage of property subject to encumbrances shall be alid' 4n
case of foreclosure of the encumbrance and the property is sold for less than the total amount of
the obligation secured# the donee shall not be liable for the deficiency' 4f the property is sold for
more than the total amount of said obligation# the donee shall be entitled to the excess' !&-&a"
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the preceding rights of 0possession# cultiation and haresting1
expressly enumerated in the deed' !)ueas )ueas"
Art& 2*1& 8onations cannot com#rehen$ ",t,re #ro#erty&
=y ",t,re #ro#erty is ,n$erstoo$ anything which the $onor
cannot $is#ose o" at the time o" the $onation& H0.*I
Donation of future propertyJ 3$?E464/.D>
Cuture property is anything which the donor cannot dispose of at the
time of the donation' 4n other words# it is property that belongs to others
at the time the donation is made and it is immaterial that it may
subse%uently belong to the donor'
=obody can dispose of that which does not belong to him' =emo emo'
*uture inheritance cannot be donated because it is future property but
upon the death of his predecessor# the inheritance ceases to be future
and conse%uently# may be the object of donation een if the properties
constituting the inheritance hae not yet been deliered'
3roperty# the ac%uisition of which by the donor depends upon the
fulfillment of a suspensie condition# may be donated because# although
the property may be as to him still 0future property1# the effects of the
fulfillment of the condition shall retroact to the day of the constitution of
the contract'
Another reason is that the donor by desisting to ac%uire a future
property donated would be reo9ing the donation contrary to the rule
that donations inter vivos are irreocable sae for causes proided by
law'
)ase doctrine
A donor cannot lawfully coney what is not his property' Where a parcel
of land was the registered property of another# and the donee failed to
show how her donor ac%uired it from the registered owner# it is held that
the donor has no right# title or interest in said land which he could
lawfully coney'
Art& 2*)& The #ro'isions o" Article 2*9 notwithstan$ing+ no #erson may
gi'e or recei'e+ y way o" $onation+ more than he may gi'e or recei'e
y will&
The $onation shall e ino""icio,s in all that it may e/cee$ this
limitation& H0.0I
Amount of donation limited to what donor may gie by will
Article I<* ma9es applicable to donations the limitation on testamentary
disposition with respect to the amount thereof'
/he limitation is really on the right of the donor to gie rather than on the
right of the donee to receie'
A person may not donate more than he can gie by will and a person
may not receie by way of donation more than what the donor is
allowed by law to gie by will5 otherwise# the donation shall be
inofficious and shall be reduced with regard to the excess'
/he limitation applies where the donor has forced or compulsory heirs'
/he purpose is not to diminish the legitimes to which they are entitled'
o 6ut the limitation is enforceable only after the death of the
donor because it is only then when it can be determined
whether or not the donation is inofficious5 by contrasting its
alue with the net alue of the estate of the donor deceased'
o /he donation is alid during the lifetime of the donor'
Art& 2*.& <hen a $onation is ma$e to se'eral #ersons !ointly+ it is
,n$erstoo$ to e in e6,al shares+ an$ there shall e no right o"
accretion among them+ ,nless the $onor has otherwise #ro'i$e$&
The #rece$ing #aragra#h shall not e a##licale to $onations
ma$e to the h,san$ an$ wi"e !ointly+ etween whom there shall e a
right o" accretion+ i" the contrary has not een #ro'i$e$ y the $onor&
H0.2I
Donation to seeral donees jointly
/he rules are as follows8
&' /he donation is understood to be in e%ual shares# unless the donor
has proided otherwise'
*' /here shall be no right of accretion among the donees# unless the
donor has otherwise proided'
-' 4f the donees are husband and wife# there shall be aright of
accretion# if the contrary has not been proided by the donor'
4f there is no accretion among the donees# one cannot accept
independently for his co7donee who is not present'
Art& 2*4& The $onee is s,rogate$ to all the rights an$ actions which in
case o" e'iction wo,l$ #ertain to the $onor& The latter+ on the other
han$+ is not olige$ to warrant the things $onate$+ sa'e when the
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$onation is onero,s+ in which case the $onor shall e liale "or
e'iction to the conc,rrence o" the ,r$en&
The $onor shall also e liale "or e'iction or hi$$en $e"ects in
case o" a$ "aith on his #art& H0.5aI
$ights and actions
Eere are the rules8
&' /he donee is subrogated to all the rights and actions which in case
of eiction would pertain to the donor
*' 4f the donation is simple or remuneratie# the donor is not liable for
eiction or hidden defects# becaue the donation is gratuitous5
-' .en if the donation is simple or remuneratie# the donor is liable
for eiction or hidden defects in case of bad faith on his part
!'nowingly donating a chic'en with avian %lu) or warranty is
expressly stipulated5 and
@' 4f the donation is onerous !modal donation# according to de :eon"#
the donor is liable on his warranty but only to the extent of the
burden'
Art& 2**& The right to $is#ose o" some o" the things $onate$+ or o"
some amo,nt which shall e a charge thereon+ may e reser'e$ y the
$onor( ,t i" he sho,l$ $ie witho,t ha'ing ma$e ,se o" this right+ the
#ro#erty or amo,nt reser'e$ shall elong to the $onee& H0.7I
Donation with right of donor to dispose of part of object donated# resered'
/he donor may resere the right to dispose of some of the things or part
of the thing donated or some amount or income thereof'
/he donation is actually conditional# and the condition is fulfilled if the
donor dies without exercising the right he resered# either by acts inter
vivos or mortis causa/
$on donates to Earry a house and an apartment with the proision that $on
could sell the house and gie the rents !or a portion" of the apartment for <
years to Cran9' /he donation of the house with a reseration of the right to
dispose should be considered mortis causa# and therefore# must follow the
formalities prescribed for ma9ing a will' /he donation of the apartment is
inter vivos/
Art& 2*0& The ownershi# o" #ro#erty may also e $onate$ to one #erson
an$ the ,s,"r,ct to another or others+ #ro'i$e$ all the $onees are
li'ing at the time o" the $onation& H049aI
=a9ed ownership and usufruct separately donated
/he donor may donate separately the na9ed ownership !dominium
directum" to one person and the usufruct !dominium utile" to another'
/o be alid# the donee must be 0liing at the time of the donation1# which
is to be understood to refer to the time of the perfection of the donation'
A donation to a child who was not yet conceied at the time it was made
is oid'
4f the property donated is immoable# the formalities for donations of
real property must be complied with'
Art& 2*2& Re'ersion may e 'ali$ly estalishe$ in "a'or o" only the
$onor "or any case an$ circ,mstances+ ,t not in "a'or o" other
#ersons ,nless they are all li'ing at the time o" the $onation&
Any re'ersion sti#,late$ y the $onor in "a'or o" a thir$
#erson in 'iolation o" what is #ro'i$e$ in the #rece$ing #aragra#h
shall e 'oi$+ ,t shall not n,lli"y the $onation& H014aI
Donation with proision for reersion
/he donor may proide for reersion# whereby the property shall go
bac9 to the donor or some other person'
4t may be alidly established for any case and circumstances'
4f the reision is in faor of other persons# they must be liing at the time
of the donation'
/hus# a reersion in faor of an unconceied child is oid# but such
nullity shall not inalidate the donation' /he reersion which is merely
an accessory clause is simply disregarded'
Art& 2*5& <hen the $onation im#oses ,#on the $onee the oligation to
#ay the $ets o" the $onor+ i" the cla,se $oes not contain any
$eclaration to the contrary+ the "ormer is ,n$erstoo$ to e liale to #ay
only the $ets which a##ear to ha'e een #re'io,sly contracte$& In no
case shall the $onee e res#onsile "or the $ets e/cee$ing the 'al,e
o" the #ro#erty $onate$+ ,nless a contrary intention clearly a##ears&
H04)aI
Art& 2*7& There eing no sti#,lation regar$ing the #ayment o" $ets+
the $onee shall e res#onsile there"or only when the $onation has
een ma$e in "ra,$ o" cre$itors&
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PROPERTY NOTES
The $onation is always #res,me$ to e in "ra,$ o" cre$itors+
when at the time thereo" the $onor $i$ not reser'e s,""icient #ro#erty
to #ay his $ets #rior to the $onation& H04.I
:iability of donee to pay debts of donor
Eere are the rules'
&' Where donor imposes obligation upon the donee8
a' /he donee is liable to pay only debts preiously
contracted5
b' Ee is liable for subse%uent debts only when there is a
stipulation to that effect5 and
c' Ee is not liable for debts in excess of the alue of the
donation receied# unless the contrary is intended'
*' Where there is no stipulation regarding the payment of debts
a' /he donee is generally not liable to pay the donors debts5
b' Ee is responsible therefore only if the donation has been
made in fraud of creditors !which is always presumed
when at the time of the donation the donor has not left
sufficient assets to pay his debts"
c' Ee is not liable beyond the alue of the donation receied'
?rdinarily# the donee should not be made liable to pay the donors debt
beyond the alue of the thing donated'
Donation in fraud of creditors
3resumed in fraud when at the time thereof the donor did not resere
sufficient property to pay his debts prior to the donation'
/he creditors of the donor at the time of the donation may exercise the
subsidiary right of rescission when they cannot in any manner collect
the claims due them !accion pauliana) unless the property donated has
passed into the hands of a third person in good faith for alue' 4n the
latter case# the donee shall answer for damages if he acted in bad faith'
)ase doctrine
$e%uisites for an accion pauliana8
&' )redit prior to alienation# een if demandable later
*' Debtor has made a subse%uent contract coneying a patrimonial
benefit to a -
rd
person
-' /he creditor has no legal remedy to satisfy his claim
@' /he act being impugned is fraudulent
<' /he third person who receied the property coneyed# if is by
onerous title# has been an accomplice in the fraud'
6ut remember that accion pauliana is subsidiary'
:;APTER 4
REVO:ATION AN8 RE8C:TION O3 8ONATIONS
Art& 209& E'ery $onation inter 'i'os+ ma$e y a #erson ha'ing no
chil$ren or $escen$ants+ legitimate or legitimate$ y s,se6,ent
marriage+ or illegitimate+ may e re'o-e$ or re$,ce$ as #ro'i$e$ in the
ne/t article+ y the ha##ening o" any o" these e'ents%
H1I I" the $onor+ a"ter the $onation+ sho,l$ ha'e legitimate or
legitimate$ or illegitimate chil$ren+ e'en tho,gh they e #osth,mo,s(
H)I I" the chil$ o" the $onor+ whom the latter elie'e$ to e
$ea$ when he ma$e the $onation+ sho,l$ t,rn o,t to e li'ing(
H.I I" the $onor s,se6,ently a$o#t a minor chil$& H044aI
Grounds for reocation and reduction of donation
&' $eocation affects the whole donation and is allowed during the lifetime
of the donor' /he grounds are8
a' 6irth# appearance# or adoption of a child !IH;"5
b' =on7fulfillment of a resolutory condition imposed by the donor
!IH@"5 and
c' 4ngratitude of the donee' !IH<"
*' $eduction generally affects a portion only of the donation !unless the
donee has no free portion left" and is allowed during the lifetime of the
donor or after his death' /he grounds are8
a' Cailure of the donor to resere sufficient means for support of
himself or dependent relaties5 !I<;"
b' Cailure of the donor to resere sufficient property to pay off his
existing debts !I<K"5
c' 4nofficiousness# that is# the donation exceeds that which the
donor can gie by will5 !I<*# II&" and
d' 6irth# appearance# or adoption of a child' !IH;"
A donation that has been duly perfected in accordance with law should
stand until after its reocation should hae been as9ed and granted in
the proper proceeding'
6irth# appearance# or adoption of a child
/his article applies to all donations inter vivos/ 4t does not apply8
a' to donations mortis causa for they are reocable at will by the
donor !testator"5
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PROPERTY NOTES
b' to onerous donations for they are really contracts5 and
c' to donations propter nuptias for they are reocable only for the
causes proided in the Camily )ode 2 see Art DH of the Cam
)ode
<
'
4t is applicable when the donor# at the time he made the donation# did
not hae any child or descendant or erroneously thought so5 otherwise#
Article II& in relation to Article I<* shall apply'
.ery donation is subject to reocation or reduction by the happening of
any of the eents mentioned which are in the nature of implied
resolutory conditions'
6irth of a child
Eere# the donor had no child whether legitimate# legitimated# or
illegitimate at the time of the donation# and thereafter# a child was born
een if posthumous'
What if the child was already conceied but not yet born# what proision
should apply# Article IH; or II&?
o 4t depends'
o 4f the donor was aware of such conception# Article II&' Eence#
he cannot reo9e the donation upon the birth of the child'
o 6ut# if he did not 9now of such conception when he made the
donation# the situation is similar to the appearance of an
absent child thought by the donor to be dead' Cor purposes of
the law# he had no child'
/he rule is that a conceied child is considered born
for all purposes faorable to it' +ince to consider the
child as already born would ma9e the donation
irreocable and would be unfaorable to it# the
subse%uent birth of the child should reo9e or reduce
the donation'
5
Art' DH' A donation by reason of marriage may be reo9ed by the donor in the following cases8
!&" 4f the marriage is not celebrated or judicially declared oid ab initio except donations made in
the marriage settlements# which shall be goerned by Article D&5
!*" When the marriage ta9es place without the consent of the parents or guardian# as re%uired by
law5
!-" When the marriage is annulled# and the donee acted in bad faith5
!@" (pon legal separation# the donee being the guilty spouse5
!<" 4f it is with a resolutory condition and the condition is complied with5
!H" When the donee has committed an act of ingratitude as specified by the proisions of the )iil
)ode on donations in general' !&-*a"
Appearance of a child
4n this case# the donor had only one child whom he belieed to hae
already died at the time of the donation'
/he note says 0child1# so the subse%uent appearance of a descendant#
li9e a grand9id# would not reo9e the donation
o 6ut the donation may be reduced under Article II& as
inofficious if it impairs the legitime of the descendant'
Adoption of a child
/he subse%uent adoption of a minor child is also a ground for the
reocation or reduction of a donation'
4ts an exception to the rule that a donation inter vivos shall be
irreocable by the donor'
Again# the law says 0minor child15 hence the adoption of a person of
majority age although it is allowed in certain cases is not a ground under
=o' -'
)ase doctrine
$eocation upon birth of a child and return of property to donor are not
self7operatie or self7executory' /here is a need for judicial action'
!?racion Auanillo"
Art& 201& In the cases re"erre$ to in the #rece$ing article+ the $onation
shall e re'o-e$ or re$,ce$ inso"ar as it e/cee$s the #ortion that may
e "reely $is#ose$ o" y will+ ta-ing into acco,nt the whole estate o"
the $onor at the time o" the irth+ a##earance or a$o#tion o" a chil$& HnI
.xtent and basis of reocation or reduction
#irth, appearance, or adoption o% a child/
A person may not gie by way of donation more than he may gie by
will'
/he amount subject to reocation or reduction is# therefore# the excess
oer the portion that may be freely disposed of by will'
/he basis of reocation or reduction is the alue of the whole estate of
the donor at the time of the birth# appearance# or adoption of a child#
and not at the time of the death of the donor as in the case of inofficious
donations under Article II&'
o /o the alue of the estate shall be added the alue of the
donation at the time it was made because it would hae been
still part of the estate had not the donation been made'
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/he burden of proof is on the plaintiff7donor who must allege and
establish the re%uirements prescribed by law'
)n the case o% ino%%icious donations/
What is sought to be protected by Article IH; is only the prospectie or
presumptie legitime of the child because that is the only portion which
cannot be disposed of'
4f the donation does not exceed the free portion at the time of the birth#
appearance# or adoption# there will be no reocation or reduction but it
may still be reduced under Article II& if it cannot be coered by the free
portion computed as of the time of the donors death'
:et us suppose $on who was then childless# donated a property worth 3<;
to .rin# a close 0friend'1 +ubse%uently# a child was born to $on whose estate
at the time was 3-;' Eis total estate then including the alue of the property
donated was 3D;'
+ince the legitime of a legitimate child is P of the estate or 3@;# and
therefore# the free portion is also 3@;# the donation must be reduced by 3&;'
6ut if the alue of the estate was 3I;# the donation is not reo9ed or
reduced because it does not exceed the free portion of 3H; T!3I; + <;"L*U'
Eoweer# should the estate of $on be less than 3<;# excluding the 3<;
donation# at the time of his death !for example# 3@;"# it shall be subject to
reduction to the extent that it is inofficious !i'e' 3<; 2 3@< T!3<;+3@;L*" V
3<;" under article II&'
)ase doctrines
Donor has the burden to allege and establish the re%uirements
prescribed by law for which the annulment or reduction of the donation
can be based' !)ruG )A"
Art& 20)& C#on the re'ocation or re$,ction o" the $onation y the irth+
a##earance or a$o#tion o" a chil$+ the #ro#erty a""ecte$ shall e
ret,rne$ or its 'al,e i" the $onee has sol$ the same&
I" the #ro#erty is mortgage$+ the $onor may re$eem the
mortgage+ y #aying the amo,nt g,arantee$+ with a right to reco'er the
same "rom the $onee&
<hen the #ro#erty cannot e ret,rne$+ it shall e estimate$ at
what it was worth at the time o" the $onation& H04*aI
?bligation of donee upon reocation or reduction
4n case of reocation or reduction under Article IH;# the obligation of the
donee depends upon the situation of the property donated'
o 4f the property affected is still in his possession# he must return
the same'
o 4f he has sold the property# he must gie its alue'
o 4f the property has been mortgaged by him# and the donor
redeemed the mortgage# he must reimburse the donor'
o 4f the property cannot be returned# as when it ahs been lost or
destroyed# he must return its alue at the time of the perfection
of the donation'
4t is presumed that the price at which the property is sold is its alue'
o 4f the price is less than its actual alue# the donee is not liable
for the difference absent proof of bad faith'
o When the property cannot be returned# its alue shall be
determined not as of the time of the loss but as of the time of
the donation'
Art& 20.& The action "or re'ocation or re$,ction on the gro,n$s set
"orth in article 209 shall #rescrie a"ter "o,r years "rom the irth o" the
"irst chil$+ or "rom his legitimation+ recognition or a$o#tion+ or "rom the
!,$icial $eclaration o" "iliation+ or "rom the time in"ormation was
recei'e$ regar$ing the e/istence o" the chil$ elie'e$ $ea$&
This action cannot e reno,nce$+ an$ is transmitte$+ ,#on the
$eath o" the $onor+ to his legitimate an$ illegitimate chil$ren an$
$escen$ants& H040aI
3rescription of action for reocation or reduction
/he donation is reo9ed ipso jure by operation of law# by the happening
of any of the eents mentioned in Article IH;'
o Eence# it is not really essential that an action be brought to
reo9e the donation'
o 6(/# the reocation is not self7operatie or self7executory'
4f the donee should refuse to comply with his obligation under Article
IH*# resort to judicial action is necessary under Article IH-' 6ut since it
is the law itself that declares the reocation# the action is strictly not an
action to reo9e but one to hae the court expressly declare the
reocation which has already ta9en place by operation of law'
/he period within which to bring the action is @ years' /he time to start
counting depends upon the cause8
o 6irth of the first child5
o Crom time of legitimation# recognition or adoption5 or
o Crom judicial declaration of filiation
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o Crom the time information was receied regarding the
existence of the child belieed dead'
=ot from the actual appearance of the absent child'
4f the donor dies within the period# the action is transmitted to his
legitimate and illegitimate children and descendants !not the spouse or
ascendants of the donor"'
4n case more than one cause or ground for reocation or reduction
concur# the period of prescription must run from the earliest cause'
$eduction of a donation upon the allegation of impairment of legitime is
not controlled by a particular prescriptie period for which reason the
period shall be goerned under the ordinary rules of prescription' (nder
Article &&@@# the action must be brought within &; years from the time
the right of action accrues# which is the death of the donor'
/he action cannot be waied' !)ompare to the next article>"
Art& 204& The $onation shall e re'o-e$ at the instance o" the $onor+
when the $onee "ails to com#ly with any o" the con$itions which the
"ormer im#ose$ ,#on the latter&
In this case+ the #ro#erty $onate$ shall e ret,rne$ to the
$onor+ the alienations ma$e y the $onee an$ the mortgages im#ose$
thereon y him eing 'oi$+ with the limitations estalishe$+ with regar$
to thir$ #ersons+ y the Mortgage Law an$ the Lan$ Registration Laws&
This action shall #rescrie a"ter "o,r years "rom the
noncom#liance with the con$ition+ may e transmitte$ to the heirs o"
the $onor+ an$ may e e/ercise$ against the $oneeJs heirs& H042aI
Cailure to comply with conditions
A donation may be reo9ed in case of failure of the donee to comply
with 0any of the conditions1 imposed by the donor upon him'
/he word 0conditions1 actually refers to obligations# charges# or burdens
imposed by the donor5 it may also refer to a resolutory condition' Eence#
what is contemplated are onerous or modal donations'
?f course# it implies that there is an existing donation'
/he condition must be fulfilled within the period fixed by the donor'
o =o period? /he court shall determine such period as may hae
been contemplated by the donor'
4n case the donee fails to comply# the property donated reerts to the
donor# along with the fruits of the property which the donee may hae
receied after haing failed to fulfill the condition'
4f the property has been alienated or mortgaged# the alienation or
mortgage shall be oid +(6A.)/ to the rights of innocent third persons
under registration laws who may hae ta9en the property donated
without notice of the condition imposed' !3ublic policy baby>"
4n case of non7fulfillment by the donee of any of the conditions imposed
by the donor# the donation shall be reo9ed at the instance of the donor'
o 6ut# the donor may instead file for an action of specific
performance to compel the donee to comply with the
conditions'
/he action must be brought within @ years from the non7compliance with
the condition 2 it can only be brought by the donor or his heirs against
the donees heirs !compare to Articles IHK and II;"'
/he death of the donor or the donee does not bar the action to reo9e
for failure of the donee to comply with the conditions# proided the
prescriptie period has not yet expired'
(nli9e the action for reocation or reduction under Article IH-# the action
may be waied because the condition is purely contractual in nature'
4s court action necessary?
4n any case# a court action is necessary if the donee refuses to return
the property or to comply with the conditions'
/he deed of donation# howeer# may proide that iolation of any of its
conditions shall cause the automatic rescission of the contract' 4n such
case# upon the iolation# the donation is automatically reo9ed# without
need of a judicial declaration'
o .xcept where the donee denies the donors right to rescind# in
which case# judicial interention is necessary to determine
whether or not the rescission is proper'
4n the absence of an agreement in the donation proiding of an
automatic rescission# a judicial declaration reo9ing said donation will
be necessary'
)ase doctrines
When land is donated on seeral express conditions# acceptance by the
donee will be understood to include all of the conditions not umista9ably
rejected' !6arreto Manila"
When the donee has entered into possession of the property# effect will
be gien to the donation according to the terms of the offer and
acceptance# although the formal deed has not been executed' !6arreto"
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4f there is no fulfillment with the resolutory condition# the donation may
now be reo9ed and all rights which the donee may hae ac%uired
under it shall be deemed lost and extinguished' !)entral 3hil (niersity
)A"
Article IH@ does not apply to onerous donations because onerous
donations are goerned by the rules of )ontracts' Eence# the
prescription period is &; years# not @ years' !De :una Abrigo"
o While courts are gien the power to fix the duration when the
condition is to be fulfilled when none is gien# if the facts show
that a reasonable period has already been allowed the donee
to aail of the opportunity to comply with the condition# then the
courts will no longer gie the donee a period' !)entral 3hil (ni"
o /he legal possibility of bringing the action begins with the
expiration of a reasonable opportunity of the donee to fulfill
what has been charged upon it by the donor' !+ec of .ducation
Eeirs of Dulay"
=othing in law prohibits parties from entering into an agreement that
iolation of the terms of the contract would cause cancellation thereof
een without court interention'
o 4n cases li9e these# judicial interention is necessary not for
purposes of obtaining a judicial declaration rescinding a
contract already deemed rescinded but in order to determine
whether or not the rescission was proper' !De :una"
When the deed of donation expressly proides for automatic rescission
and reersion of the property donated# the rules on contract and the
general rules on prescription should apply# not IH@' !$oman )atholic
Archbishop of Manila )A"
o A donor cannot reo9e the donation on the grounds for non7
compliance of an impossible condition' !Archbishop of Manila
)A"
A declaration of petitoners absolute ownership appears legally possible
only when the deed of donation is contextually declared peremptorily
reo9ed' !Dolar 6arangay :ublub"
/he act of selling property to a -
rd
party cannot be considered as a alid
act of reocation of the deed of donation for the reason that a formal
case to reo9e the donation must be filed which spea9s of an action that
has a prescriptie period of @ years from non7compliance with the
condition' 4n this case# there was no proision of automatic rescission#
thus placing the case within the ambit of Article IH@' !Austria7Magat
)A"
When the donation is onerous and does not fix a period to comply with
the condition# the courts should fix a period to uphold the greatest
reciprocity of rights' 4f it is gratuitous# then they should not# to uphold the
least reciprocity of rights and interests'
4ts important to determine whether or not the donation is onerous or not
so that we 9now what law to apply'
Art& 20*& The $onation may also e re'o-e$ at the instance o" the
$onor+ y reason o" ingratit,$e in the "ollowing cases%
H1I I" the $onee sho,l$ commit some o""ense against the
#erson+ the honor or the #ro#erty o" the $onor+ or o" his wi"e or
chil$ren ,n$er his #arental a,thority(
H)I I" the $onee im#,tes to the $onor any criminal o""ense+ or
any act in'ol'ing moral t,r#it,$e+ e'en tho,gh he sho,l$ #ro'e it+
,nless the crime or the act has een committe$ against the $onee
himsel"+ his wi"e or chil$ren ,n$er his a,thority(
H.I I" he ,n$,ly re",ses him s,##ort when the $onee is legally
or morally o,n$ to gi'e s,##ort to the $onor& H045aI
$eocation by reason of ingratitude of the donee
Article IH< does not apply to donations mortis causa and onerous
donations'
A donation propter nuptias may be reo9ed by the donor when the
donee has committed an act of ingratitude as specified in Article IH<'
/he enumeration is exclusie and cannot be enlarged'
/he act of ingratitude must hae been committed by the donee himself
because the duty of gratitude is personal' An act imputable to the
husband or wife or the hot mistress of the donee is not a ground for
reocation'
?ffense against the donor# etc
)riminal coniction is not needed' 4t is sufficient that the offense be
proed by mere preponderance of eidence in the action for reocation'
4f the offense is committed against a child who is no longer under
parental authority# the donation cannot be reo9ed'
4mputation to donor of any criminal offense# etc
4t is immaterial that the donee can proe his accusation or substantiate
his testimony against the donor'
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o /he exception is when the crime has been committed against
the donee himself# his wife or children under his parental
authority'
o /he act inoling moral turpitude may not amount to a crime'
$efusal to support the donor
/here are two re%uisites8
&' /he refusal to support the donor must be undue# that is#
without just reason5 and
*' /he donee must be legally or morally bound to support the
donor'
=ote that ingratitude extends beyond failure to do a legal duty to support
and includes a moral duty to help' !donee is a friend who is penniless
and as9s for help# and the donor shuns her away li9e a scorned loer'"
)ase doctrine
All crimes which offend the donor show ingratitude and are causes for
reocation' Any crime under the $eised 3enal )ode is one inoling
moral turpitude' !+pouses $omulo )A"
Art& 200& Altho,gh the $onation is re'o-e$ on acco,nt o" ingratit,$e+
ne'ertheless+ the alienations an$ mortgages e""ecte$ e"ore the
notation o" the com#laint "or re'ocation in the Registry o" Pro#erty
shall s,sist&
Later ones shall e 'oi$& H047I
Art& 202& In the case re"erre$ to in the "irst #aragra#h o" the #rece$ing
article+ the $onor shall ha'e a right to $eman$ "rom the $onee the
'al,e o" #ro#erty alienate$ which he cannot reco'er "rom thir$
#ersons+ or the s,m "or which the same has een mortgage$&
The 'al,e o" sai$ #ro#erty shall e "i/e$ as o" the time o" the
$onation& H0*9I
.ffect of reocation on prior alienations and mortgages
)% by non8compliance
4n case of reocation of a donation by non7compliance by the donee
with any of the conditions imposed# alienations and mortgages made by
the donee are oid# subject only to the rights of innocent third persons'
/he donor can recoer from the donee8
o ?nly the alue of the property donated at the time of the perfection
of the donation# ?$
o /he sum for which it was mortgaged'
$ecoery cannot be had against the third person unless he acted in bad
faith as when had actual 9nowledge of the cause for reocation or the filing
of the action'
)% by reason o% ingratitude
4f the reocation is by reason of ingratitude# the alienations and
mortgages made by the donee before the complaint for reocation is
annotated in the $egistry of 3roperty shall subsist or are alid' :ater
alienations and mortgages shall be oid'
/he donor can recoer the property from the transferee or
mortgagee'
/he donation of land by $on to .rin was made on Auly &;' .rin sold the land
to /ara on Auly *;' /he act of ingratitude was done on Auly -;' /he
complaint for reocation was annotated on August &;' /hus# the sale to /ara
is alid# and the remedy of $on is to recoer from .ric the alue of the land
at the time of the donation'
4f the sale was made after August &;# the sale is oid and $on can recoer
the land from /ara'
4f the act of ingratitude was committed on Auly *;# the sale on Auly -; and
the complaint which was filed on Auly *< and was annotated on Auly -&# but
at the time of the sale /ara was aware of the act of ingratitude committed by
.rin# or the pending action by $on# the sale should not be considered alid
because /ara acted in bad faith# and so $on can recoer the land from her'
Art& 205& <hen the $onation is re'o-e$ "or any o" the ca,ses state$ in
Article 209+ or y reason o" ingratit,$e+ or when it is re$,ce$ eca,se
it is ino""icio,s+ the $onee shall not ret,rn the "r,its e/ce#t "rom the
"iling o" the com#laint&
I" the re'ocation is ase$ ,#on noncom#liance with any o" the
con$itions im#ose$ in the $onation+ the $onee shall ret,rn not only the
#ro#erty ,t also the "r,its thereo" which he may ha'e recei'e$ a"ter
ha'ing "aile$ to ",l"ill the con$ition& H0*1I
$eturn by donee of the fruits of property donated
/he rules depend upon the cause of reocation or reduction
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o 4f the cause is8
the birth# appearance or adoption of a child# or
ingratitude# or
inofficiousness of the donation !because the donor did not
resere sufficient means for support"# or
he donated more than he could gie by will# then
only the fruits accruing from the filing of the
complaint need be returned'
4t can be implied that the donation remains alid
up to the time of the filing of the complaint'
4f the cause is the non7fulfillment of any of the conditions imposed in the
donation# the fruits must be returned from the time of the breach of the
condition' /he donation shall also return the property donated'
4n case of inofficious donation which exceeds the free disposal by will#
the donation ta9es effect during the lifetime of the donor# the donee
appropriates the fruits# and the reduction may be as9ed only after the
donors death'
Art& 207& The action grante$ to the $onor y reason o" ingratit,$e
cannot e reno,nce$ in a$'ance& This action #rescries within one
year+ to e co,nte$ "rom the time the $onor ha$ -nowle$ge o" the "act
an$ it was #ossile "or him to ring the action& H0*)I
$enunciation and prescriptie period of action by reason of ingratitude
/he action granted to the donor for reocation by reason of ingratitude#
li9e the action based on the birth# appearance# or adoption of a child
cannot be renounced in adance'
What the law prohibits is waier# prior to the commission of the act of
ingratitude'
A past ingratitude can be the subject of a alid renunciation because the
renunciation can be considered as an act of magnanimity on the part of
the donor'
/he action prescribesJ
&' Within one year from the time the donor had 9nowledge of the
act of ingratitude A=D
*' 4t was possible for him to bring the action'
/o bar the action# the donee must show proof that the one7year period
has expired and it was possible for the donor to institute the said action
within the same period'
Art& 229& This action shall not e transmitte$ to the heirs o" the $onor+ i"
the latter $i$ not instit,te the same+ altho,gh he co,l$ ha'e $one so+
an$ e'en i" he sho,l$ $ie e"ore the e/#iration o" one year&
Neither can this action e ro,ght against the heir o" the
$onee+ ,nless ,#on the latterJs $eath the com#laint has een "ile$&
H0*.I
/ransmission of action for reocation
General rule8 /he action to reo9e a donation by reason of ingratitude is
purely personal to the donor and cannot# as a rule# be transmitted to the
heirs'
/his is unli9e the action for reocation based on the birth# appearance
or adoption of a child and the action based on non7compliance with the
condition of a donation'
Eoweer# the particular circumstances of the case should be ta9en into
account to determine whether it was possible to bring the action' Eence#
the following exceptions wherein the heirs of the donors can as9 for the
reocation8
&' 4f the donee 9illed the donor# or
*' 4f the donor dies without haing 9nown of the act of ingratitude#
or
-' 4f a criminal case against the donee was instituted by the
donor# but the donor dies before he could bring the ciil action
for reocation5 or
@' 4f the action for reocation has already been filed by the donor
before his death'
Action against heirs of donee
/he heirs of the donee are not held responsible for the acts of their
predecessor7donee' /he act of ingratitude' !>he sins o% the %ather are
not the sins o% the sonB although, there are some instances where we
repeat the mista'es o% our parents/ @eneral rule9 ?earn/)
6ut if the donor has already filed the complaint before the donees
death# the suit may be continued against his heirs'
Art& 221& 8onations which in accor$ance with the #ro'isions o" Article
2*)+ are ino""icio,s+ earing in min$ the estimate$ net 'al,e o" the
$onorJs #ro#erty at the time o" his $eath+ shall e re$,ce$ with regar$
to the e/cess( ,t this re$,ction shall not #re'ent the $onations "rom
ta-ing e""ect $,ring the li"e o" the $onor+ nor shall it ar the $onee "rom
a##ro#riating the "r,its&
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3or the re$,ction o" $onations the #ro'isions o" this :ha#ter
an$ o" Articles 711 an$ 71) o" this :o$e shall go'ern& H0*4I
$eduction of inofficious donations
Donations which are inofficious because they are more than what the
donor can gie by will shall be reduced with regard to the excess upon
the death of the donor# after determining the net alue of the estate'
/hus# it follows that the donation is effectie during the lifetime of the
donor and so# the donee# as owner of the property donated also
becomes owner of the fruits# although the donation should appear
inofficious'
Cor donations propter nuptias# they may be reduced for being
inofficious' 6eing liberalities# they remain subject to reduction for
inofficiousness upon the donors death# if they should infringe the
legitime of a forced heir'
/he action to reduce the inofficious donation must be brought within <
years from the time of the donors death'
Cor reduction of donations# the following articles# %uoted below shall
goern8
Art' K&&' After the legitime has been determined in accordance with the three
preceding articles# the reduction shall be made as follows8
!&" Donations shall be respected as long as the legitime can be coered#
reducing or annulling# if necessary# the deises or legacies made in the will5
!*" /he reduction of the deises or legacies shall be pro rata# without any
distinction whateer' 4f the testator has directed that a certain deise or
legacy be paid in preference to others# it shall not suffer any reduction until
the latter hae been applied in full to the payment of the legitime'
!-" 4f the deise or legacy consists of a usufruct or life annuity# whose alue
may be considered greater than that of the disposable portion# the
compulsory heirs may choose between complying with the testamentary
proision and deliering to the deisee or legatee the part of the inheritance
of which the testator could freely dispose' !D*;a"
Art' K&*' 4f the deise subject to reduction should consist of real property#
which cannot be coneniently diided# it shall go to the deisee if the
reduction does not absorb one7half of its alue5 and in a contrary case# to the
compulsory heirs5 but the former and the latter shall reimburse each other in
cash for what respectiely belongs to them'
/he deisee who is entitled to a legitime may retain the entire property#
proided its alue does not exceed that of the disposable portion and of the
share pertaining to him as legitime' !D*&"
Art& 22)& Only those who at the time o" the $onorJs $eath ha'e a right to
the legitime an$ their heirs an$ s,ccessors in interest may as- "or the
re$,ction or ino""icio,s $onations&
Those re"erre$ to in the #rece$ing #aragra#h cannot reno,nce
their right $,ring the li"etime o" the $onor+ either y e/#ress
$eclaration+ or y consenting to the $onation&
The $onees+ $e'isees an$ legatees+ who are not entitle$ to the
legitime an$ the cre$itors o" the $ecease$ can neither as- "or the
re$,ction nor a'ail themsel'es thereo"& H0**aI
3ersons entitled to as9 for reductionJ who are they?
Cor the reduction of inofficious donations#
&' those who at the time of the donors death hae a right to the
legitime# and
*' their heirs# and
-' succesors in interest'
/he donor is not included# patay na siya eh/ /he inofficiousness can
only be determined after his death'
Who may not as9 for reduction?
&' /he donees# or
*' /he deisees# or
-' /he legatees# who are not entitled to the legitime'
@' )reditors of the deceased' !/he remedy of creditors is to file a claim
against the estate of the deceased# but not against the owners of the
donated property'"
$enunciation of right to as9 for reductionJ can it be done?
/he right to as9 for the renunciation of inofficious donations cannot be
renounced during the lifetime of the donor# ether by express declaration
or by consenting to the donation'
22.& I"+ there eing two or more $onations+ the $is#osale #ortion is
not s,""icient to co'er all o" them+ those o" the more recent $ate shall
e s,##resse$ or re$,ce$ with regar$ to the e/cess& H0*0I
Mic9ey 4ngles
Ateneo :aw *;&*# updated8 May &<# *;&*
:ibrat8 =o stamping please>
128
+
Ad Majorem Dei Gloriam
PROPERTY NOTES
$eduction where there are two or more donations
/he subse%uent donations shall first be reduced and only if they are not
sufficient to coer the disposable portion should the earlier ones be
reduced also with regard to the excess'
4f the two donations were perfected at the same time# the reduction
should be proportionate unless otherwise proided by the donor'
$ules on reocationJ )EA$/.D>
REVO:ATION+
ase$ onK
6irth#
appearance# or
adoption of a
child
=on7compliance
with condition or
conditions
4ngratitude
/ime of action Within @ years
from birth of first
child# or
Crom his
legitimation# or
Adoption# or
Crom the judicial
declaration of
filiation# or
Crom receipt or
info regarding
the existence of
the child
belieed dead
Within @ years
from non7
compliance with
the condition
6ut if its an
onerous
donation# within
&; years from
non7compliance
with the
condition
Within & year
from the time
the donor had
9nowledge of
the fact of the
ingratitude
/ransmissibility of
action
/ransmitted to
children and
descendants of
the donor upon
his death
May be
transmitted to
the donors heirs
and may be
exercised
against the
donees heirs
Generally# the
action is not
transmitted to
the heirs of the
donor nor can
the action be
filed against the
heirs of the
donee
.ffect of
reocation
3roperty affected
shall be
returned# or its
alue if the
donee has sold
3roperty
donated shall be
returned to the
donor and the
alienations and
3roperty
donated shall be
returned but
alienations and
mortgage
the same# or
/he donor may
redeem the
mortgage on the
property# with a
right to recoer
the property
mortgages are
oid subject to
the rights of
innocent -
rd
persons
effected before
the notation of
the complaint for
reocation in the
$egistry of
3roperty shall
subsist
:iability for fruits Donee shall
return the fruits
accruing from
the filing of the
complaint
Donee shall
return the fruits
which he may
hae receied
a%ter haing
failed to fulfill
the condition
+ame as in first
column
$ules on reductionJ )EA$/.D>
RE8C:TION+
ase$ onK
Cailure of
the donor to
resere
sufficient
means for
support
4nofficiousnes
s for being in
excess of
what the
donor can
gie by will
6irth#
appearance
# or
adoption of
a child
Craud
against
creditors
/ime of action Any time by
the donor or
by the
relaties
entitled to
support
during the
lifetime of
the donor
Within &;
years !+antos
Alana case#
based on
&&@@"
Within < years
after the
death of the
donor !if
propter
nuptias#
according to
boo9"
+ame as in
first column
/he action
for
rescission
must be
brought
within @
years from
the
perfection
of the
donation#
or at the
latest# from
the time
the creditor
had
9nowledge
of the
Mic9ey 4ngles
Ateneo :aw *;&*# updated8 May &<# *;&*
:ibrat8 =o stamping please>
129
+
Ad Majorem Dei Gloriam
PROPERTY NOTES
donation
/ransmissibilit
y of action
=ot
transmissibl
e as the
duty to gie
support and
the right to
receie are
personal in
nature
/ransmitted to
the donors
heirs as the
donation shall
be reduced as
regards the
excess at time
of the donors
death
+ame as in
first column
/ransmitte
d to the
creditors
heirs or
successors
7in7interest
.ffect of
reocation
$educed to
the extent
necessary
to proide
support
/a9es effect
during the
lifetime of the
donor subject
to reduction
only upon his
death with
regard to the
excess
+ame as in
first column
3roperty
affected
shall be
returned by
the donee
for the
benefit of
the creditor
subject to
the rights
of innocent
third
persons
:iability for
fruits
Donee is
entitled to
the fruits as
owner of the
property
donated
Donee
appropriates
the fruits as
owner of the
property
Donee# as
owner#
appropriate
s the fruits
of the
property not
affected by
the
reduction#
but with
regard to
the excess#
he shall be
liable only
for the fruits
from the
filing of the
complaint
Cruits of
the
property
affected
shall also
be
returned' 4n
case the
donee
acted in
bad faith
and it
should be
impossible
for him to
return# then
indemnify
the donors
creditor for
damages'
:appy the man who %inds wisdom, the man who gains understanding;88
(roverbs 4C.4
>hus you may wal' in the way o% good men, and 'eep to the paths o% the
just/ *or the upright will dwell in the land, the honest will remain in itD #ut the
wic'ed will be cut o%% %rom the land, the %aithless will be rooted out o% it/88
(roverbs 0C0E800
Mic9ey 4ngles
Ateneo :aw *;&*# updated8 May &<# *;&*
:ibrat8 =o stamping please>
130