What events will justify the donor or his
heirs in asking for the revocation or reduction of a donation inter vivos if, at the time of the donation was made, the
donor was childless?
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 adopt a minor child.
What will be the extent of the reduction of the donation?
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.
Illustration
A, husband of B,
believing that his wife was sterile, donated a parcel of land valued at P40,000
to D in 1960. B, however, gave birth to a son, C, in 1968. Assuming that the
land is exclusive property and that the net value of A’s estate at the time of
the birth of C is P40,000, what will be the extent of the reduction of the
donation?
In this case, we must
first collate or add the value of the donated land to the net value of A’s
estate. The sum is P80,000. The legitime of C is ½ or P40,000, while the
legitime of B is ¼, or P20,000. That leaves a disposable portion of P20,000.
The donation, therefore, is inofficious by P20,000. Hence, it shall be reduced
to that extent.
Does the action take place automatically or is a
judicial action necessary? If a judicial action is necessary, what is the
period of prescription? Is the action transmissible?
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. (Art. 763, CC)
Return of the property or its value
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. (Art. 762, CC)
Return of the fruits
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. (Art. 768, CC)
0
Comments
