Article 765 of the Civil Code: Revoking a donation for ingratitude
Status: In force
What does Article 765 say?
The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:
(1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;
(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority;
(3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.
What does it mean in plain language?
Article 765 of the Civil Code lets a donor take back a donation because of the donee's ingratitude. It lists three cases: an offense by the donee against the donor or the donor's family, a criminal accusation against the donor, and an undue refusal to support the donor. The donor has one year from learning of the act, when it was possible to sue, to bring the case. Other articles cover revocation for failure to meet a condition and for the later birth or adoption of a child.
How does it work in real life?
Lourdes and the forged deed
Lourdes donated a lot to her grandson. Later he forged her signature on another document to take a second property. Following Eduarte, forging the donor's signature can be an offense against the donor under Article 765(1). Lourdes would have one year from learning of it, when she could sue, to file the case.
A son-in-law's insults
Mario donated a house to his daughter. Her husband insults Mario in public, but the daughter does nothing against her father. Following Calanasan, the acts of the donee's spouse are not the donee's own acts, so Article 765 may not apply.
The chapel never built
Rosa donated land to her nephew on the condition that he build a chapel. He never did. This is the ground in Article 764, not ingratitude. Which deadline applies may depend on whether the donation is onerous or the deed has an automatic revocation clause.
What does this mean in practice?
- The form required to donate land is in Article 749. See does a donation of land need a deed?
- Donations to children may affect the legitime of other heirs: see Article 887, legitime shares and donation vs sale to children.
- This page does not cover who may continue an ingratitude case after the donor's death, or donations reduced for being inofficious.
- See also the table on revoking a donation.
- For free or low-cost legal help, see where to find legal help.
What does Article 765 say?
The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases: (1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.
The words "at the instance of the donor" mean the donor must start the action. The donor is the one who gives; the donee is the one who receives.
How long does the donor have?
Article 769 sets a short period and protects the right:
The action granted to the donor by reason of ingratitude cannot be renounced in advance. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action.
A clause in the deed of donation waiving this right in advance would not stop the action.
What happens to the property and its fruits?
- Sales and mortgages by the donee. Article 766 says those made before the complaint for revocation is noted in the Registry of Property remain valid. Later ones are void.
- Value instead of the property. Under Article 767, if the donor cannot recover property the donee already sold, the donor may demand its value, fixed as of the time of the donation, or the amount for which it was mortgaged.
- Fruits. Article 768 says that in a revocation for ingratitude the donee returns the fruits (such as harvests or rent) only from the filing of the complaint.
How have courts applied Article 765?
- A forged deed is an act of ingratitude. In Spouses Eduarte v. Court of Appeals (1996), the donee falsified the donor's signature on a second deed of donation. The Court treated this as an offense against the donor and a ground for revocation. But buyers who had bought the land from the donee in good faith, relying on a clean title, were protected; the donee, not the buyers, was held liable for the resulting damages.
- The act must be the donee's, against the persons the article names. In Calanasan v. Spouses Dolorito (2013), the alleged acts were committed by the donee's husband and were directed at the donor's sister. The Court denied revocation. It also held that part of the donation was onerous (the donee had to pay off a mortgage), so the rules on contracts, not Article 765, governed that part.
What are the other grounds for revoking a donation?
Article 765 is one of three groups of grounds in the Civil Code:
| Ground | Article | Deadline in the Code |
|---|---|---|
| Donor with no children later has a child, finds that a child believed dead is alive, or adopts a minor child | Arts. 760, 763 | four years from the birth, legitimation, recognition, adoption or judicial declaration of filiation, or from news that the child is alive |
| Donee fails to comply with a condition | Art. 764 | four years from the noncompliance |
| Ingratitude | Arts. 765, 769 | one year from knowledge, when it was possible to sue |
The first ground only revokes or reduces the donation insofar as it exceeds what the donor could freely give by will (Article 761).
For conditions, Article 764 reads:
This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee’s heirs.
The Supreme Court has not applied the four-year period in every case. In Secretary of Education v. Heirs of Dulay (2006), a donation of land for school purposes was treated as onerous and governed by the rules on contracts, with the ten-year period of Article 1144. In Camarines Sur Teachers and Employees Association v. Province of Camarines Sur (2019), the Court, quoting earlier rulings, said that when a deed provides for automatic revocation, the rules on contracts and the general rules on prescription apply instead of Article 764. In Clemente v. Republic (2019), land donated for a hospital that was never built went back to the donor's heirs; the Court said prescription cannot set in if the period to comply cannot be determined with certainty.
Frequently asked questions
Can a donation be revoked for ingratitude?
Yes. Article 765 lets the donor revoke a donation if the donee commits an offense against the person, honor or property of the donor or of his wife or children under his parental authority; imputes to the donor a crime or an act involving moral turpitude; or unduly refuses him support when legally or morally bound to give it.
How long does the donor have to revoke for ingratitude?
Article 769 says the action prescribes within one year, counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. The right cannot be renounced in advance.
What if the donee already sold the land?
Article 766 says sales and mortgages made before the complaint for revocation is noted in the Registry of Property remain valid; later ones are void. Under Article 767, the donor may then demand from the donee the value of the property, fixed as of the time of the donation.
Can the donor revoke if the donee's spouse was the one who was ungrateful?
In Calanasan v. Spouses Dolorito (2013), the Court refused revocation where the acts were committed by the donee's husband, not the donee, and against the donor's sister, not the donor.
What if the donee did not fulfill a condition of the donation?
That is a different ground, Article 764. The action prescribes four years from the noncompliance. The Court has applied the rules on contracts and longer periods in some cases, such as onerous donations and deeds with an automatic revocation clause.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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