Can a Donation Be Taken Back?
Quick answer
Yes, but only on the grounds the Civil Code allows. A donation can be revoked if the donor, who had no children, later has a child, finds a child believed dead, or adopts a minor child; if the donee fails to comply with a condition of the donation; or if the donee is ungrateful in one of the ways the law lists. Each ground has its own deadline: one year for ingratitude, and four years for the other grounds as the Code states them, though the courts have applied longer periods in some cases.
On what grounds can a donation be revoked?
The Civil Code has three groups of grounds.
1. A child arrives (Article 760). A donation made by a person "having no children or descendants" may be revoked or reduced if, after the donation, the donor has children, a child believed dead turns out to be living, or the donor "should subsequently adopt a minor child." Under Article 761, the donation is cut back only "insofar as it exceeds the portion that may be freely disposed of by will".
2. A condition is not met (Article 764). The donation "shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter."
3. Ingratitude (Article 765). Article 765 lists three cases:
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.
How long does the donor have?
| Ground | Deadline in the Civil Code |
|---|---|
| Birth, legitimation, recognition or adoption of a child; child believed dead found alive | Four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received about the child believed dead (Article 763) |
| Donee fails to comply with a condition | Four years from the noncompliance (Article 764) |
| Ingratitude | One year from the time the donor knew of the fact and it was possible for him to bring the action (Article 769) |
The action for a child's arrival "cannot be renounced" and passes to the donor's children and descendants when he dies (Article 763). The action for an unmet condition "may be transmitted to the heirs of the donor" (Article 764). The action for ingratitude "cannot be renounced in advance" (Article 769).
Is the four-year period for conditions always applied?
Not always. The Supreme Court has applied other rules in some cases:
- Onerous donations. In Secretary of Education v. Heirs of Dulay (2006), land was donated on condition that it be used for school purposes. The Court said a donation with an onerous cause "is essentially a contract and is thus governed by the rules on contract", and applied the ten-year period for written contracts under Article 1144.
- Automatic revocation clauses. In Camarines Sur Teachers and Employees Association v. Province of Camarines Sur (2019), the Court quoted earlier rulings saying that when a deed expressly provides for automatic revocation, "the rules on contract and the general rules on prescription should apply, and not Article 764 of the Civil Code." It also said courts may deny revocation "when the unperformed part is insignificant."
- No fixed period to comply. In Clemente v. Republic (2019), land was donated for a hospital that was never built. The Court said that "Prescription cannot set in if the period to comply with the obligation cannot be determined with certainty", and the land went back to the donor's heirs.
What do the cases say about 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 ingratitude. But buyers who bought the land from the donee in good faith, relying on a clean title, kept it; the donee was made liable to the donor for damages instead.
- In Calanasan v. Spouses Dolorito (2013), there was no revocation because the acts complained of were done by the donee's husband, not the donee, and were directed at the donor's sister, not the donor. The Court also found the donation onerous, because the donee had to pay off a mortgage on the land, so Article 765 did not apply to that onerous part.
What happens to the property and its fruits?
- Ingratitude. Sales and mortgages made by the donee "before the notation of the complaint for revocation in the Registry of Property shall subsist. Later ones shall be void." (Article 766). The donor may demand the value of property he cannot recover from third persons, fixed as of the time of the donation (Article 767).
- Unmet condition. The property goes back to the donor, and the donee's sales and mortgages are void, subject to the protection the Mortgage Law and the land registration laws give third persons (Article 764).
- Fruits. Under Article 768, for a child's arrival or ingratitude, the donee returns fruits only from the filing of the complaint. For an unmet condition, he returns the fruits received after he failed to comply.
How does this work in real life?
This is a made-up example to show how the rules work. It is not advice for any real case.
Rosa donates a lot to her nephew Paolo on condition that he build a small chapel on it. He never builds it. Under Article 764, Rosa may ask a court to revoke the donation, and the Code's period is four years from the noncompliance. If the deed has an automatic revocation clause, or if the donation is onerous, a court may apply the rules on contracts instead, as in the cases above.
See also the table on revoking a donation.
When do you need a lawyer?
Talk to a lawyer if you want to take back a donation, if a donor wants to revoke a donation made to you, or if donated land has already been sold or mortgaged. The ground, the wording of the deed and the dates decide what can be done.
If you cannot afford a lawyer, see Free legal help in the Philippines. See also Does a donation of land need a deed? and the Article 749 page.
Which provisions does this answer rest on?
Frequently asked questions
Can a donation be revoked in the Philippines?
Yes, but only on the grounds the Civil Code allows: the donor later has a child, finds a child believed dead, or adopts a minor child (Article 760), the donee fails to comply with a condition (Article 764), or the donee is ungrateful in one of the ways listed in Article 765.
What counts as ingratitude?
Article 765 lists three cases: the donee commits an offense against the person, honor or property of the donor, or of his wife or children under his parental authority; the donee imputes to the donor a criminal offense or an act involving moral turpitude; or the donee unduly refuses to support the donor when bound to do so.
How long does the donor have to revoke for ingratitude?
One year, counted from the time the donor knew of the fact and it was possible for him to bring the action (Article 769). The right cannot be renounced in advance.
How long does the donor have if the donee did not comply with a condition?
Article 764 says four years from the noncompliance. But in some cases the Supreme Court applied the rules on contracts instead, for example the ten-year period for written contracts to an onerous donation in Secretary of Education v. Heirs of Dulay (2006).
Can a donation be revoked if the donor later has a child?
Yes, if the donor had no children or descendants when he donated. Under Article 761, the donation is revoked or reduced only insofar as it exceeds what he could freely give by will. The action prescribes in four years (Article 763).
What happens to the property if the donee already sold it?
It depends on the ground. For ingratitude, sales and mortgages made before the complaint is noted in the Registry of Property stay valid (Article 766). In Spouses Eduarte v. Court of Appeals (1996), buyers in good faith who relied on a clean title were protected.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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