Acts of Ingratitude of the Donee



What are the acts of ingratitude of the donee which will justify the donor in asking for a revocation of the donation?

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. (Art. 765, CC)


Reason for the law

- One who has been the object of generosity must not turn ungrateful.
-  Gratitude is both a moral and legal duty.


Can the donor renounce in advance the action for revocation of donation by reason of ingratitude?

The action granted to the donor by reason of ingratitude cannot be renounced in advance. (Art. 769, CC)


What is the prescriptive period for bringing an action for revocation of donation in case of acts of ingratitude of the donee?

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. (Art. 769, CC)

- within one year
- counted from knowledge
- provided that it was possible for him to bring the action


Is the right transmissible?

Being purely personal in character, as a rule, the action is intransmissible. Only the donor can bring the action. Art 770 of the Civil Code declares that the action shall not be transmitted to the heirs of the donor, neither can it be brought against the heirs of the donee.


Exceptions:

1. If the action had already been brought by the donor, but he died before it could be decided;

2. If the circumstances clearly manifest that the donor desired and intended to revoke the donation, but was prevented by sickness, insanity, or even a fortuitous event from bringing the action, and he died without being able to file the corresponding complaint within one-year period of prescription;

3. If the donee killed the donor or inflicted injuries upon him causing his death;

4. If the donor died without having known the act of ingratitude;

5. If the donor had already instituted criminal proceedings against the donee but died before he could file the corresponding civil action for revocation of the donation.

In all these cases the heirs of the donor may institute the action for revocation. 


Can the action be brought against the heirs of the donee?

There is only one instance when the action may be brought against the heirs of the donee, and that is if the complaint has already been filed upon the latter's death. (Art. 770, CC)


Effect of alienations and mortgages if the donation is revoked because of ingratitude

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 subsistLater ones shall be void. (Art. 766, CC)


Rule if third persons have the property or it has been mortgaged

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. (Art. 767, CC)


Returning of fruits

The donee shall not return the fruits except from the filing of the complaint. (Art. 768, CC)


Case:

In April 1984, Pedro donated 1/2 of his land to his niece Helen. In July 1984, another donation was purportedly executed by Pedro ceding unto Helen the whole parcel of land. In 1986, Helen donated to Calauan Christian Reformed Church a portion of the land and in 1988 sold to Eduarte spouses the rest of the land, save the portion where her house stood. Claiming that his signature in the July 1984 deed of donation was a forgery and that she was unworthy of his liberality, Pedro filed a lawsuit to revoke the donation he made in favor of Helen in April 1984. Was there a valid ground to revoke the donation?

Yes. All crimes which offend the donor show ingratitude and are causes for revocation. Falsification of a deed of donation is an act of ingratitude (Sps. Eduarte vs. Court of Appeals, G.R. No. 105944, February 9, 1996, 253 SCRA 391)







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