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Republic Act No. 386
The Civil Code of the Philippines
Title III. Donation
Note: To get to the article you want, click the Chapter
headings.
Chapter
I. Nature of Donation
Article 725 Definition of donation
Article 726 Classification
of donation
Article 727 Effect of illegal
or impossible conditions
Article 728 Donations mortis
causa
Article 729 Donations inter
vivos
Article 730 Suspensive
conditions fulfilled beyond donor’s lifetime
Article 731 Donation subject
to resolutory condition of donor’s survival
Article 732 Suppletory
effect of rules on contracts
Article 733 Rules for onerous
and remuneratory donations
Article 734 Perfection of donation
Chapter
2. Persons Who May Give or Receive Donation
Article 735 Who may donate
Article 736 Donation
by a guardian or trustee
Article 737 Determination of
guardian’s capacity
Article 738 When a person “specially
disqualified” to accept a donation
Article 739 Donations that
are void because of moral considerations
Article 740 Applicability of
rules on incapacity to succeed by will
Article 741 Minors may be donees
Article 742 Donations to conceived
an unborn children
Article 743 Disguised donations
to incapacitated persons
Article 744 Donation of the
same object to two or more different donees
Article 745 Formalities for
acceptance
Article 746 Applicability of
the article on when acceptance is to be made
Article 747 Additional duty
of those who accept for others
Article 748 Importance of formalities
for donations of movable property
Article 749 Importance of formalities
for donations of real property
Chapter
3. Effects of Donation and Limitations Thereon
Article 750 Reason for the
law and limitations thereon
Article 751 Donation
of future property
Article 752 Limitations on the
giver
Article 753 Accretion
Article 754 Subrogation of donee
Article 755 Donations with reservations
on the right to dispose
Article 756 Donation of naked
ownership and the usufruct
Article 757 Conventional reversion
Article 758 Stipulation that
donee should pay donor’s debts
Article 759 Rules when there
is no such stipulation
Chapter
4. Revocation and Reduction of Donations
Article 760 Two kinds of inofficious
donations
Article 761 Reduction
of donation
Article 762 What donee
must do if donation is reduced
Article 763 Prescription of
action for revocation or reduction
Article 764 Failure to comply
with conditions
Article 765 Revocation for acts
of ingratitude
Article 766 Effect of alienations and mortgages
if the donation is revoked
because of ingratitude
Article 767 Rule when third persons have the property
or it has been mortgaged;
effect of insolvency, loss or deterioration
Article 768 Returning of fruits
Article 769 No renunciation in advance of the action
to revoke because
of ingratitude
Article 770 No transmissibility
of rights
Article 771 Rules on inofficious
donations
Article 772 Persons who can ask for reduction of
inofficious donations; non-waiver; prescriptive period; collation
Article 773 Preferences for
earlier donations
Chapter 1.
Nature of Donations
Art. 725.
Donation is an act of liberality whereby a person disposes gratuitously
of a thing or right in favor of another, who accepts it. (618a)
Art. 726.
When a person gives to another a thing or right on account of the
latter's merits or of the services rendered by him to the donor,
provided they do not constitute a demandable debt, or when the gift
imposes upon the donee a burden which is less than the value of the thing given,
there is also a donation. (619)
Art. 727.
Illegal or impossible conditions in simple and remuneratory
donations shall be considered as not imposed. (n)
Art. 728.
Donations which are to take effect upon the death of the donor partake
of the nature of testamentary provisions, and shall be governed
by the rules established in the Title
on Succession. (620)
Art. 729.
When the donor intends that the donation shall take effect during
the lifetime of the donor, though the property shall not be delivered
till after the donor's death, this shall be a donation inter vivos.
The fruits of the property from the time of the acceptance of the
donation, shall pertain to the donee,
unless the donor provides otherwise. (n)
Art. 730.
The fixing of an event or the imposition of a suspensive
condition, which may take place beyond the natural expectation of
life of the donor, does not destroy the nature of the act as a donation
inter vivos, unless a contrary intention appears. (n)
Art. 731.
When a person donates something, subject to the resolutory
condition of the donor's survival, there is a donation inter vivos. (n)
Art. 732.
Donations which are to take effect inter vivos
shall be governed by the general provisions on contracts and obligations
in all that is not determined in this Title. (621)
Art. 733.
Donations with an onerous cause shall be governed by the rules on
contracts and remuneratory donations by
the provisions of the present Title as regards that portion which
exceeds the value of the burden imposed. (622)
Art. 734.
The donation is perfected from the moment the donor knows of the
acceptance by the donee. (623)
Chapter 2.
Persons Who may Give or Receive a Donation
Art. 735.
All persons who may contract and dispose of their property may make
a donation. (624)
Art. 736.
Guardians and trustees cannot donate the property entrusted to them.
(n)
Art. 737.
The donor's capacity shall be determined as of the time of the making
of the donation. (n)
Art. 738.
Al those who are not specially disqualified by law therefor
may accept donations. (625)
Art. 739.
The following donations shall be void:
(1) Those made between persons
who were guilty of adultery or concubinage
at the time of the donation;
(2) Those made between persons
found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer
or his wife, descendants and ascendants,
by reason of his office.
In the case referred to in No.
1, the action for declaration of nullity may be brought by the
spouse of the donor or donee; and the
guilt of the donor and donee may be proved by preponderance of evidence in the same
action. (n)
Art. 740. Incapacity
to succeed by will shall be applicable
to donations inter vivos. (n)
Art. 741.
Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents
or legal representatives. (626a)
Art. 742.
Donations made to conceived and unborn children may be accepted
by those persons who would legally represent them if they were already
born. (627)
Art. 743.
Donations made to incapacitated persons shall be void, though simulated
under the guise of another contract or through a person who is interposed.
(628)
Art. 744.
Donations of the same thing to two or more different donees
shall be governed by the provisions concerning the sale of the same
thing to two or more different persons. (n)
Art. 745.
The donee must accept the donation personally,
or through an authorized person with a special power for the purpose,
or with a general and sufficient power; otherwise, the donation
shall be void. (630)
Art. 746.
Acceptance must be made during the lifetime of the donor and of
the donee. (n)
Art. 747.
Persons who accept donations in representation of others who may
not do so by themselves, shall be obliged to make the notification and notation
of which Article 749 speaks. (631)
Art. 748.
The donation of a movable may be made orally or in writing.
An oral donation requires the simultaneous
delivery of the thing or of the document representing the right
donated.
If the value of the personal property
donated exceeds five thousand pesos, the donation and the acceptance
shall be made in writing, otherwise, the donation shall be void.
(632a)
Art. 749.
In order that the donation of an immovable may be valid, it must
be made in a public document, specifying therein the property donated
and the value of the charges which the donee
must satisfy.
The acceptance may be made in the
same deed of donation or in a separate public document, but it shall
not take effect unless it is done during the lifetime of the donor.
If the acceptance is made in a
separate instrument, the donor shall be notified thereof in an authentic
form, and this step shall be noted in both instruments. (633)
Chapter 3.
Effect of Donations and Limitations Thereon
Art. 750.
The donations may comprehend all the present property of the donor,
or part thereof, provided he reserves, in full ownership or in usufruct,
sufficient means for the support of himself, and of all relatives
who, at the time of the acceptance of the donation, are by law entitled
to be supported by the donor. Without such reservation, the donation
shall be reduced in petition of any person affected. (634a)
Art. 751.
Donations cannot comprehend future property.
By future property is understood
anything which the donor cannot dispose of at the time of the donation.
(635)
Art. 752.
The provisions of Article 750 notwithstanding, no person may give
or receive, by way of donation, more than he may give or receive
by will.
The donation shall be inofficious in all that it may exceed this limitation. (636)
Art. 753.
When a donation is made to several persons jointly, it is understood
to be in equal shares, and there shall be no right of accretion
among them, unless the donor has otherwise provided.
The preceding paragraph shall not
be applicable to donations made to the husband and wife jointly,
between whom there shall be a right of
accretion, if the contrary has not been provided by the donor. (637)
Art. 754.
The donee is subrogated to all the rights
and actions which in case of eviction would pertain to the donor.
The latter, on the other hand, is not obliged to warrant the things
donated, save when the donation is onerous, in which case the donor
shall be liable for eviction to the concurrence of the burden.
The donor shall also be liable
for eviction or hidden defects in case of bad faith on his part.
(638a)
Art. 755.
The right to dispose of some of the things donated, or of some amount
which shall be a charge thereon, may be reserved by the donor; but
if he should die without having made use of this right, the property
or amount reserved shall belong to the donee.
(639)
Art. 756.
The ownership of property may also be donated to one person and
the usufruct to another or others, provided
all the donees are living at the time of the donation. (640a)
Art. 757.
Reversion may be validly established in favor of only the donor
for any case and circumstances, but not in favor of other persons
unless they are all living at the time of the donation.
Any reversion stipulated by the
donor in favor of a third person in violation of what is provided
in the preceding paragraph shall be void, but shall not nullify
the donation. (614a)
Art. 758.
When the donation imposes upon the donee
the obligation to pay the debts of the donor, if the clause does
not contain any declaration to the contrary, the former is understood
to be liable to pay only the debts which appear to have been previously
contracted. In no case shall the donee
be responsible for the debts exceeding the value of the property
donated, unless a contrary intention clearly appears. (642a)
Art. 759.
There being no stipulation regarding the payment of debts, the donee shall be responsible therefor
only when the donation has been made in fraud of creditors.
The donation is always presumed
to be in fraud of creditors, when at the time thereof the donor
did not reserve sufficient property to pay his debts prior to the
donation. (643)
Chapter 4.
Revocation and Reduction of Donations
Art. 760.
Every donation inter vivos, made by a
person having no children or descendants, legitimate or legitimated
by subsequent marriage, or illegitimate, may be revoked or reduced
as provided in the next article, by the happening of any of these
events:
(1) If the donor, after the donation,
should have legitimate or legitimated or illegitimate children,
even though they be posthumous;
(2) If the child of the donor,
whom the latter believed to be dead when he made the donation,
should turn out to be living;
(3) If the donor subsequently
adopts a minor child. (644a)
Art. 761.
In the cases referred to in the preceding article, the donation
shall be revoked or reduced insofar as it exceeds the portion that
may be freely disposed of by will, taking into account the whole
estate of the donor at the time of the birth, appearance or adoption
of a child. (n)
Art. 762.
Upon the revocation or reduction of the donation by the birth, appearance
or adoption of a child, the property affected shall be returned
or its value if the donee has sold the
same.
If the property is mortgaged, the
donor may redeem the mortgage, by paying the amount guaranteed,
with a right to recover the same from the donee.
When the property cannot be returned,
it shall be estimated at what it was worth at the time of the donation.
(645a)
Art. 763. The
action for revocation or reduction on the grounds set forth in article
760 shall prescribe after 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 regarding the existence
of the child believed dead.
This action cannot be renounced,
and is transmitted, upon the death of the donor, to his legitimate
and illegitimate children and descendants. (646a)
Art. 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.
In this case, the property donated
shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void,
with the limitations established, with regard to third persons,
by the Mortgage Law and the Land Registration Laws.
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. (647a)
Art. 765.
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. (648a)
Art. 766.
Although the donation is revoked on account of ingratitude, nevertheless,
the alienations and mortgages effected
before the notation of the complaint for revocation in the Registry
of Property shall subsist.
Later ones shall be void. (649)
Art. 767.
In the case referred to in the first paragraph of the preceding
article, the donor shall have a right to demand from the donee
the value of property alienated which he cannot recover from third
persons, or the sum for which the same has been mortgaged.
The value of said property shall
be fixed as of the time of the donation. (650)
Art. 768.
When the donation is revoked for any of the causes stated in Article
760, or by reason of ingratitude, or when it is reduced because
it is inofficious, the donee
shall not return the fruits except from the filing of the complaint.
If the revocation is based upon
noncompliance with any of the conditions imposed in the donation,
the donee shall return not only the property but also the fruits
thereof which he may have received after having failed to fulfill
the condition. (651)
Art. 769.
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. (652)
Art. 770.
This action shall not be transmitted to the heirs of the donor,
if the latter did not institute the same, although he could have
done so, and even if he should die before the expiration of one
year.
Neither can this action be brought
against the heir of the donee, unless
upon the latter's death the complaint has been filed. (653)
Art. 771.
Donations which in accordance with the provisions of Article
752, are inofficious, bearing in mind the estimated net value of the
donor's property at the time of his death, shall be reduced with
regard to the excess; but this reduction shall not prevent the donations
from taking effect during the life of the donor, nor shall it bar
the donee from appropriating the fruits.
For the reduction of donations
the provisions of this Chapter and of Articles
911 and 912 of this Code shall govern. (654)
Art. 772.
Only those who at the time of the donor's death have a right to
the legitime and their heirs and successors in interest may ask
for the reduction or inofficious donations.
Those referred to in the preceding
paragraph cannot renounce their right during the lifetime of the
donor, either by express declaration, or by consenting to the donation.
The donees,
devisees and legatees, who are not entitled to the legitime
and the creditors of the deceased can neither ask for the reduction
nor avail themselves thereof. (655a)
Art. 773.
If, there being two or more donations, the disposable portion is
not sufficient to cover all of them, those
of the more recent date shall be suppressed or reduced with regard
to the excess. (656)
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