Chapter 2 – Donations by Reason of Marriage
donor + witnesses
Art. 82 – Donations by reason of marriage are those which
are made before its celebration, in consideration of the
same, and in favor of one or both of the future spouses.
Art. 83 – These donations are governed by the rules on
ordinary donations established in Title III of Book III of the
Civil Code, insofar as they are not modified by the
following Articles.
Art. 84 – If 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 one-fifth of their present property. Any excess shall
be considered void.
Donations of future property shall be governed by the
provisions on testamentary succession and the formalities
of wills.
DONATION PROPTER NUPTIAS
Donation by reason of marriage = donation propter nuptias
-without onerous consideration  marriage merely occasion of
motive, not its “causa”
Deed of donation: before marriage, provides that marriage
would be childless, spouses would have to die before donation
would operate, made not in favor wife but of those who acted
as parents  cannot be regarded as one made in
consideration of marriage
Donations excluded:
1. Made in favor of spouses after the celebration of
marriage
2. Executed in favor of future spouses but not in
consideration of marriage
3. Granted to persons other than spouses, even if
founded on marriage
-donations proper nuptias can be contained in a marriage
settlement
-to be valid (present property donation): rules governing
ordinary donations Title III of Book III
-must accept donation personally or through authorized person
w/ special power for the purpose / general or sufficient power
 otherwise void (Art. 745, NCC)
-during lifetime of donor & done (Art. 746, NCC)
-donation of a movable  orally or in writing
-oral donation  simultaneous delivery of thing or document
representing right donated
-if value > P5k  donation & acceptance = in writing (Art. 748)
Donation of immovable = public document  property
donated, value of charges  donee to satisfy
Acceptance: may be made in same deed or in separate public
document  not take effect unless during lifetime of donor  if
separate public document, donor to be notified in authentic
form + noted in both instruments (Art. 749)
Donations of future property  provisions on testamentary
succession + formalities of will  may be hand-written
(entirely) + dated & signed by donor (Art. 810, NCC)
-if not handwritten, subscribed at the end by donor himself or
name written by other person in his presence + attested by 3 or
more credible witnesses
-donor + instrumental witnesses  sign each page except last,
left margin; pages numbered correlatively in letters (upper part
of page)
-attestation clause: # of pages, fact that donor signed deed +
every page in presence of witnesses, signed by witness
-attestation: if other language not known, interpreted to them
-every will must be acknowledged before a notary public by
DONATION BETWEEN FUTURE SPOUSES
-prior to marriage = useless if property regime = ACP
-exceptions to ACP = Art. 92 + those stipulated in marriage
settlement
Requisites for valid donation propter nuptias to would-be
spouse:
1. Valid marriage settlement
2. Marriage settlement  must not be ACP
3. Donation in marriage settlement not more than 1/5 of
his/her present property
4. Must be accepted by would-be spouse
5. Comply w/ requisites of Title III of Book III, NCC
“NOT MORE THAN 1/5” LIMITATION NOT APPLICABLE IF
DONATION NOT CONTAINED IN MARRIAGE SETTLEMENT
-donation may comprehend all the present property provided
he reserves, in full ownership or in usufruct, sufficient means
for support of himself & relatives entitled by law of support by
donor
Art. 85 – Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of
foreclosure of the encumbrance and the property is sold
for less than the amount of the obligation secured, the
donee shall not be liable for the deficiency. If the property
is sold for more than the total amount of said obligation,
the donee shall be entitled to the excess.
DONATION WITH ENCUMBRANCE
-donee’s rights are subject to the encumbrance
-donee should not be held liable because he is not a debtor to
the principal obligation
-being the owner of the property, donee is entitled to whatever
value of the property which can be obtained
Art. 86 – A donation by reason of marriage may be
revoked by the donor in the following cases:
1. If the marriage is not celebrated or judicially
declared void ab initio except donations made in
the marriage settlements, which shall be
governed by Article 81;
2. When the marriage takes place without the
consent of the parents or guardian, as required by
law;
3. When the marriage is annulled, and the donee
acted in bad faith;
4. Upon legal separation, the donee being the guilty
spouse;
5. If it is with a resolutory condition and the
condition is complied with;
6. When the donee has committed an act of
ingratitude as specified by the provisions of the
Civil Code on donations in general.
MARRIAGE NOT CELEBRATED
-must be celebrated, being the very reason for donation
-if not, donor has the option to revoke or maintain donation
-if donations propter nuptias contained in marriage settlement
executed prior to marriage  donation shall be considered
void pursuant to Art. 81
-do not provide for the prescriptive period w/in which donor can
exercise the right to revoke or recover the donation given
-Art. 1149  all actions periods not fixed must be brought w/in
5 years
-right of action accrues from the moment the marriage is not
solemnized on the fixed date
-period within which to declare the donation void does not
prescribe
-donation will remain effective if it does not depend on
marriage provided it complies with requisites
-if condition complied with, donation may or may not be
revoked
-w/in 5 years
-if donation is validly made by one spouse in favor of another +
resolutory cause  can recover any time  Art. 110:
prescription does not run between husband and wife

MARRIAGE JUDICIALLY DECLARED VOID ACTS OF INGRATITUDE

5 situations:
1. Art. 40 in relation to 52 & 53
Prior void marriage but w/o judicial declaration
Donation: shall remain valid unless donee in bad faith
= revoked by operation of law
If donee does not want to return donation  action to
recover; starts from finality of judicial declaration of
nullity
If movable property  prescribe 8 years (Art 1140)
Real property  30 years (Art 1141)
2. Bad faith = both contracting parties  subsequent
marriage after judicial declaration of presumptive
death (Art. 41)  all donations = revoked by
operation of law
3. All other cases  marriage declared void other than
Art 40 & 44  apply Art 86 (1)
i.e. w/o marriage license
Good faith or bad faith irrelevant
Donation may be revoked by donor, W/N donee was
in bad faith
4. Subsequent bigamous marriage
Any donation = void if parties are already guilty of
adultery / concubinage at the time of the donation;
void if already living together w/o marriage
5. Both in good faith
Option to revoke
Any donation given by 1 party to the other may not be
revoked after finality of judicial declaration of nullity
Instances of ingratitude in Art. 765:
1. Commit offense against person, honor or property of
donor, wife children
2. Imputes to the donor any criminal offense; moral
turpitude
3. Unduly refuses him support when donee is legally or
morally bound to give support
1 year
Alienations & mortgages effected before notation = subsist
VOID DONATIONS
Donations made by persons guilty of adultery / concubinage at
the time of donation
Art. 87 – Every donation or grant of gratuitous advantage,
direct or indirect, between the spouses during the
marriage shall be void, except moderate gifts which the
spouses may give each other on the occasion of any
family rejoicing. The prohibition shall also apply to
persons living together as husband and wife without a
valid marriage

NO CONSENT OF PARENTS OR GUARDIAN

-does not require that marriage should be annulled before
donor may revoke donation
-donor has 5 years from time he had knowledge that needed
consent was not obtained
-if he/she knew non-consent before marriage, may not yet
revoke = parents might give consent

ANNULLED MARRIAGE AND DONEE ACTED IN BAD FAITH

-donation = revocable in case marriage is annulled + donee in
bad faith
-donation propter nuptias is considered revoked by operation
of law if the donee acted in bad faith (Art 50 in relation to Art
43(3) – liquidation, partition, etc of properties)
-do not specify whether donor is the other spouse who acted in
good faith
-giving innocent party option to revoke = may cause collusion
-5 years
-revoked by operation of law = no need to file an action to
revoke donation; only when party refuses to return object of
donation = action
-annullable but in good faith  donation remains effective and
can never be revoked

LEGAL SEPARATION
Does not terminate marital bond
Donor is given option to revoke or maintain it
5 years from finality of decree of legal separation
BUT if cause = sexual infidelity, adultery, concubinage =
donation shall be void if at the time of donation, donee is guilty

RESOLUTORY CONDITION
ART 82
DONATIONS BY REASON OF MARRIAGE ARE THOSE
WHICH ARE MADE BEFORE ITS CELEBRATION, IN
CONSIDERATION OF THE SAME, AND IN FAVOR OF ONE
OR BOTH OF THE FUTURE SPOUSE
ART 83.
THESE DONATIONS ARE GOVERNED BY THE RULES ON
ORDINARY DONATIONS ESTABLISHED IN TITLE III OF
BOOK III CIVIL CODE, INSOFAR AS THE ARE NOT
MODIFIED BY THE FOLLOWING ARTICLES
ART 84.
IF THE FUTURE SPOUSE AGREE UPON A REGIME OTHER
THAN THE ABSOULTE COMMUNITY OF PROPERTY,
THEY CANNOT DONATE TO EACH OTHER IN THEIR
MARRIAGE SETTLEMENTS MORE THAN ONE-FIFTH OF
THEIR PRESENT PROPERTY. ANY EXCESS SHALL BE
CONSIDERED VOID.
DONATIONS OF FUTURE SPOUSE SHALL BE GOVERNED
BY THE PROVISIONS ON TESTAMENTARY SUCCESSION
AND THE FORMALITIES OF WILLS.
DONATION PROPTER NUPTIAS
DEFINITION
a marriage gift or settlement required by law of the husband or
his family early during the later Roman Empire and that was
required by Justinian to be equal to the wife’s dowry but
permitted to be made after and used for expenses of the
marriage —formerly called when made before the marriage
donatio ante nuptias.
Donation propter nuptias
Without onerous consideration
The marriage being merely the occasion or motive for the
donation, not its “causa”
Remain subject to reduction for inofficiousness upon the
donor’s death, if the should infringe the legitime of a forced heir
Donations must be made prior to the celebration of marriage,
In consideration of the same and must be in favor of one or
both of the spouses.
Relevant articles
Article 748 of the civil code
Article 749 of the civil code
Article 810 of the civil code
Articles 805 and 806 of the civil code
Article 748-
It can be even contained in a marriage settlement
The rules governing the validity of the present property
donated , rules on ordinary donations under title 3 book 3 of
the civil code must be observed.
The donee must accept the donation personally, or through an
authorized person with special power for the purpose
The donations of a movable may be made orally or in writing
If the value of personal property donated exceeded five
thousand pesos, the donation and the acceptance shall be
made in writing. Other wise the donation shall be void(art.748
of the civil code).
Article 749
Immovable donations must be made in a public documents.
Acceptance maybe made in the same deed of donation or in a
separate instrument.
The donor shall be notified in an authentic form, if the
acceptance is made in a separate instrument.
Article 810
Donations propter nuptias of future property shall be governed
by the provisions on testamentary succession and the
formalities of a will.
Documents containing the donation of future property maybe
handwritten.
Donation between future spouses
Giving a donation propter nuptias to a would-be spouse would
be useless if the property regime that will govern their marriage
is the absolute community of property.
If one of the would-be spouse wants to validly make a donation
propter nuptias, the following requisites must concur:
 There must be a valid marriage settlement
 The marriage settlement must stipulate a property
regime other than the absolute community of property
 The donation contained in the marriage must not be
more than one-fifth of his or her present property.
 The donation must be accepted by the would-be
spouse and;
 It must comply with the requisites established in the
Title III of Book III of the Civil Code donations
BONIFACIA MATEO vs. GERVACIO LAGUA
29 SCRA 864
October 30, 1969
FACTS:
Sometime in 1917, the parents of Alejandro Lagua
donated two lots to him in consideration of his marriage to
petitioner Bonifacia Mateo. The marriage was celebrated on
May 15, 1917 and thereafter the couple took possession of the
lots, but the certificates of title remained in the donor’s name.
In 1923, Alejandro died, leaving behind his widow
Bonifacia with their infant daughter, who lived with the father-
in-law Cipriano Lagua who in turn undertook to farm on the
donated lots. At first, Cipriano gave to Bonifacia the share
from the lots’ harvests, but in 1926 he refused to deliver to
petitioner the said share, which reason prompted her to initiate
an action and won for her possession of the lots plus damages.
On July 31, 1941, Cipriano executed a deed of sale
of the said lots in favor of his younger son, herein respondent
Gervacio. Petitioner learned of this only in 1956 when Cipriano
stopped giving to petitioner her share to the harvest. A
Transfer Certificate of Title (TCT) was issued under
respondent’s name by the Registry of Deeds (ROD) of
Pangasinan.
The CFI of Pangasinan declared the TCT issued to
respondent null and void and ordered cancelled by the ROD,
and for respondent to vacate and deliver the lots to petitioner.
In 1957, Gervacio and Cipriano filed with the CFI for the
annulment of the donation of the two lots. While the case was
pending, Cipriano died in 1958. It was dismissed for
prescription, having been filed after the lapse of 41 years.
When appealed, the CA in 1966 held that the donation to
Alejandro of the two lots with the combined area of 11,888 sq.
m. exceeded by 494.75 sq. m. his legitime and the disposable
portion that Cipriano could have freely given by will, and to the
same extent prejudiced the legitime of Cipriano’s other heir,
Gervacio. The donation was thus declared inofficious and
herein petitioners were ordered to reconvey to Gervacio a
portion of 494.75 sq. m. from any convenient part of the lots.
ISSUE: Whether or not the Court of Appeals correctly
reduced the donation propter nuptias for being inofficious.
HELD: Decision of CA based on unsupported assumptions
set aside; trial court’s order of dismissal sustained.
Before the legal share due to a compulsory heir may
be reached, the net estate of the decedent must be
ascertained, by deducting all payable obligations and charges
from the value of the property owned by the deceased at the
time of his death; then, all donations subject to collation would
be added to it. With the partible estate thus determined, the
legitimes of the compulsory heirs can be established, and only
thereafter can it be ascertained whether or not a donation had
prejudiced the legitimes. Certainly, in order that a donation
may be reduced for being inofficious, there must be proof that
the value of the donated property exceeds that of the
disposable free portion plus the donee’s share as legitime in
the properties of the donor. In the present case, it can hardly
be seen that, with the evidence then before the court, it was in
any position to rule on the inofficiousness of the donation
involved here, and to order its reduction and reconveyance of
the deducted portion to the respondents.
Article 908. To determine the legitime, the value of
the property left at the death of the testator shall be
considered, deducting all debts and charges, which shall not
include those imposed in the will.
To the value of the hereditary estate, shall be added
the value of all donations by the testator that are subject to
collation, at the time he made them.
Article 85
DONATIONS BY REASON OF MARRIAGE OF PROPERTY
SUBJECT TO ENCUMBRANCES SHALL BE VALID. IN CASE
OF FORECLOSURE OF THE ENCUMBRAMCE AND THE
PROPERTY IS SOLD FOR LESS THAN THE TOTAL
AMOUNT OF THE OBLIGATION SECURED, THE DONEE
SHALL NOT BE LIABLE FOR THE DEICIENCY. IF THE
PROPERTY IS SOLD FOR MORE THAN THE TOTAL
AMOUNT OF SAID OBLIGATIONS, THE DONNE SHALL BE
ENTITLED TO THE EXCESS.
Encumbrance – is any right or interest that exists in someone
other than the owner of an estate and that restricts or impairs
the transfer of the estate or lowers its value.
Donee– a person who is given a power of appointment.
Donor– a person who donates something, especially money to
a fund or charity
Debtor– a person who is in debt or under financial obligation to
another (opposed to creditor)
Donation with Encumbrance
If the object of the donation is subject of an encumbrance, the
donation is still valid.
– donee’s right are subject to the encumbrance.
If the object of the donation has been foreclosed to answer for
the unpaid debt of the donor.
– donee should not be held liable for any deficiency because
he is not a debtor to the principal obligation.
If the property is sold and the resulting money obtained is more
than the amount of the liability of the donor
–donee will get the excess.
Because being the owner of the property, donee is entitled to
whatever value of the property which can be obtained.
Article 86
A donation by reason of marriage may be revoked by the
donor in the following cases:
If the marriage is not celebrated or judicially declared void ab
initio except donations made in the marriage settlements,
which shall be governed by Article 81;
 When the marriage takes place without the consent of
the parents or guardian, as required by law;
 When the marriage is annulled, and the donee acted
in bad faith;
 Upon legal separation, the donee being the guilty
spouse;
 If it is with a resolutory condition and the condition is
complied with;
 When the donee has committed an act of ingratitude
as specified by the provisions of the Civil Code on
donations in general.
 If the marriage is not celebrated or judicially declared
void ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;
 Marriage is not celebrated or is void ab initio
(including art. 52-53)
Prescription:
Marriage is void: 5 years from Judicial Declaration of Nullity
(if doesn’t want to give it back, prescribe after 8 years for
movable, 30 years for immovable)
Marriage not celebrated: 5 years from when it was not
celebrated
Exception: If the donation is in the marriage settlement it will be
revoked by operation of law.
Exception: If the marriage is void due to Article 40, or Article
44, then automatically revoked
When the marriage takes place without the consent of the
parents or guardian, as required by law;
Marriage takes place without consent of parents
Prescription:
– 5 years from the time he had knowledge that consent was
not obtained, after the marriage.
When the marriage is annulled, and the donee acted in bad
faith;
Upon legal separation when donee is the guilty spouse
Prescription:
– 5 years from finality of decree.
Exception: if the ground for legal separation is infidelity in the
form of adultery or concubinage it will be automatically void.
Upon legal separation, the donee being the guilty spouse;
When there is a resolutory cause (enforced obligation) and the
condition has been complied with
Prescription:
5 years from the happening of the resolutory condition.
Exception: between husband and wife prescription does not
run.
When the donee has committed an act of ingratitude as
specified by the provisions of the Civil Code on donations in
general.
Acts of ingratitude:
– Donee commits an offense against the person or property of
the donor, his wife, or children
– Donee imputes to the donor any criminal offense involving
moral turpitude unless it against the donee
– Donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
– 1 year from the time the donor had knowledge of the fact of
ingratitude
Valdes vs. RTC 260 SCRA 221
FACTS:
Antonio Valdez and Consuelo Gomez were married in 1971
and begotten 5 children. Valdez filed a petition in 1992 for a
declaration of nullity of their marriage pursuant to Article 36 of
the Family Code, which was granted hence, marriage is null
and void on the ground of their mutual psychological
incapacity. Stella and Joaquin are placed under the custody of
their mother while the other 3 siblings are free to choose which
they prefer. Gomez sought a clarification of that portion in the
decision regarding the procedure for the liquidation of common
property in “unions without marriage”. During the hearing on
the motion, the children filed a joint affidavit expressing desire
to stay with their father.
ISSUE:
Whether or not the property regime should be based on co-
ownership.
HELD:
The Supreme Court ruled that in a void marriage, regardless of
the cause thereof,
the property relations of the parties are governed by the rules
on co-ownership.
Any property acquired during the union is presumed to have
been obtained through their joint efforts. A party who did not
participate in the acquisition of the property shall be considered
as having contributed thereto jointly if said party’s efforts
consisted in the care and maintenance of the family.
Article 87
October 10, 2016
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By Engr. Marlo Alipon
Art. 87. Every donation or grant of gratuitous advantage, direct
or indirect, between the spouses during the marriage shall be
void, except moderate gifts which the spouses may give each
other on the occasion of any family rejoicing. The prohibition
shall also apply to persons living together as husband and wife
without a valid marriage. (133a)
Adverse possession, sometimes colloquially described as
"squatter's rights",[a] is a legal principle that applies when a
person who does not have legal title to a piece of property—
usually land (real property)—attempts to claim legal
ownership based upon a history of possession or occupation of
the land without the permission of its legal owner
What are the different kinds of property regimes in the
Philippines?
There are three kinds of property regimes which are
recognized by the laws of the Philippines:
Regime of Absolute Community of Property
Regime of Conjugal Partnership of Gains
Regime of Complete Separation of Properties