Revoking a Donation: Grounds and Deadlines
When a donation can be revoked under Civil Code Arts. 760 to 769: a child is born or adopted, an unmet condition, ingratitude; 4-year and 1-year deadlines.
| Ground | Who may file | Deadline in the Code | What happens to the property and fruits | Source |
|---|---|---|---|---|
| A donor who had no children later has a child ("legitimate or legitimated or illegitimate children, even though they be posthumous") | The donor. The action cannot be renounced and passes, at the donor's death, to the donor's legitimate and illegitimate children and descendants (Article 763) | Four years "from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation" (Article 763) | The donation is revoked or reduced only "insofar as it exceeds the portion that may be freely disposed of by will" (Article 761). The property, or its value if sold, is returned (Article 762). Fruits are returned only from the filing of the complaint (Article 768) | Civil Code of the Philippines, Articles 760(1), 761, 762, 763 and 768, Supreme Court E-Library |
| A child the donor believed dead "should turn out to be living" | As in the row above | Four years "from the time information was received regarding the existence of the child believed dead" (Article 763) | As in the row above | Civil Code of the Philippines, Articles 760(2) and 763, Supreme Court E-Library |
| The donor "should subsequently adopt a minor child" | As in the row above | Four years from the adoption (Article 763) | As in the row above | Civil Code of the Philippines, Articles 760(3) and 763, Supreme Court E-Library |
| The donee "fails to comply with any of the conditions" the donor imposed | The donor. The action "may be transmitted to the heirs of the donor, and may be exercised against the donee’s heirs" (Article 764) | The action prescribes after "four years from the noncompliance with the condition" (Article 764). But see the two rulings below for donations with a burden and deeds with an automatic revocation clause | The property goes back to the donor. Sales and mortgages made by the donee are void, within the limits set for third persons by the Mortgage Law and the Land Registration laws (Article 764). The donee also returns the fruits received after failing the condition (Article 768) | Civil Code of the Philippines, Articles 764 and 768, Supreme Court E-Library |
| Ingratitude: the donee commits "some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority" | The donor ("at the instance of the donor", Article 765). The right cannot be renounced in advance (Article 769) | The 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" (Article 769) | Sales and mortgages made before the complaint is noted in the Registry of Property stay valid; later ones are void (Article 766). The donor may ask the donee for the value of what cannot be recovered, fixed "as of the time of the donation" (Article 767). Fruits are returned only from the filing of the complaint (Article 768) | Civil Code of the Philippines, Articles 765(1), 766, 767, 768 and 769, Supreme Court E-Library |
| Ingratitude: the donee "imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it", unless it was committed against the donee, his wife or children under his authority | As in the row above | As in the row above | As in the row above | Civil Code of the Philippines, Articles 765(2) and 769, Supreme Court E-Library |
| Ingratitude: the donee "unduly refuses him support when the donee is legally or morally bound to give support to the donor" | As in the row above | As in the row above | As in the row above | Civil Code of the Philippines, Articles 765(3) and 769, Supreme Court E-Library |
| Donation with a burden (onerous donation) and a condition not met | The Court treats it as a contract | In Secretary of Education v. Heirs of Rufino Dulay, Sr. (2006), the Court said "a donation with an onerous cause is essentially a contract and is thus governed by the rules on contract". It agreed with the Court of Appeals not to apply the four-year period of Article 764 and applied the ten-year period of Article 1144 for written contracts, counted from the end of the time the donee had to comply | Decided under the rules on contracts, not Article 764 | Secretary of Education v. Heirs of Rufino Dulay, Sr., G.R. No. 164748, January 27, 2006, Supreme Court E-Library |
| Deed that says the donation is revoked automatically if a condition is broken | The donor (a court still decides whether the revocation was proper) | Camarines Sur Teachers and Employees Association v. Province of Camarines Sur (2019), quoting earlier rulings: "the rules on contract and the general rules on prescription should apply, and not Article 764 of the Civil Code" | Going to court is needed "in order to determine whether or not the rescission was proper". The courts may deny revocation "when the unperformed part is insignificant" | Camarines Sur Teachers and Employees Association, Inc. v. Province of Camarines Sur, G.R. No. 199666, October 7, 2019, Supreme Court E-Library |
| Bad acts by someone other than the donee, or against someone not named in Article 765 | No action for ingratitude | Not applicable | In Calanasan v. Spouses Dolorito (2013), there was no revocation for ingratitude because the acts were done by the donee's husband, not the donee, and were directed at the donor's sister, not the donor. The Court also held that where the donee had to pay off a mortgage on the property, the donation was onerous and Article 765 did not apply to that part | Calanasan v. Spouses Dolorito, G.R. No. 171937, November 25, 2013, Supreme Court E-Library |
Notes
- The four-year deadline of Article 764 and the ten-year period applied in the Dulay ruling are not the same, and the Court has not used a single rule for every donation. Which one applies depends on the deed (a simple condition, a burden, or an automatic revocation clause) and on the facts. A lawyer can read the deed and tell which rule fits.
- Article 768 also mentions a donation "reduced because it is inofficious", that is, one that cuts into the legitime of compulsory heirs. That ground follows other articles of the Code and is not covered in this table. See Legitime shares.
- Who may continue an ingratitude case after the donor dies is not covered here. Article 769 says only that the donor's right cannot be renounced in advance.
- Made-up example: Rosa donated a lot to her nephew on condition that he build a chapel on it, and he never did. Under Article 764 the action to revoke prescribes four years from his failure to comply. If the deed made the donation onerous, or said it would be revoked automatically, the rulings above point to the rules on contracts instead.
- Made-up example: Ben, who had no children, donated a house to his niece. Two years later his first child was born. Ben has four years from the birth to ask the court to revoke or reduce the donation, but only for the part that is more than what he could freely give by will.
- Related: Article 765, Can a donation be revoked?, Does a donation of land need a deed?, Donation vs sale to children, Prescription of civil actions. For help with a case, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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