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 subsist. Later
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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