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 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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Co-ownership

Define Co-ownership

There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. (Art. 484, CC)

What rule shall govern co-ownership?

In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of the Civil Code on co-ownership (Art. 485)

Sources of co-ownership

1. By law

2. By contract

3. By chance

4. By occupation or occupancy

5. By succession or will

Characteristic of co-ownership 

1.  There must be more than one subject or owner

2.  There is one physical whole divided into ideal shares

3.  Each ideal share is definite in amount but is not physically segregated from the rest

4.  Regarding the physical whole, each co-owner must respect each other in the common use, enjoyment, or preservation of the physical whole

5.  Regarding the ideal share, each co-owner holds almost absolute control over the same

6.  It is not a juridical person

7.  There is no mutual agency

8.  There is no extinguishment upon the death of any co-owner

9.  A co-owner is in a sense a trustee for the other co-owners

Share in the benefits and charges

The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. (Art. 485, CC) 

● proportional to their interest

● contrary stipulation is void

● equal presumption 

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Distinction Between Co-ownership and Partnership

Co-ownership vs. Partnership

1. As to creation: Co-ownership may be created by law, contract, succession, fortuitous event, or occupancy; whereas, partnership is always created by contract.

2. As to purpose: The purpose of co-ownership is the common enjoyment of the thing or right owned in common; whereas, the purpose of partnership is to obtain profits.

3. As to personality: Co-ownership has no juridical personality which is separate and distinct from that of the co-owners; whereas, a partnership has.

4. As to duration: Whereas an agreement not to divide the community property for more than 10 years is not allowed by law, such an agreement would be perfectly valid in the case of partnerships. This is so, because under the law, there is no limitation upon the duration of partnerships.

5. As to power of members: Whereas a co-owner has no power to represent the co-ownership, unless there is an agreement to that effect, a partner has the power to represent the partnership, unless there is a stipulation to the contrary.

6. As to effect of disposition of shares: If a co-owner transfers his share to a third person, the latter becomes automatically a co-owner, but if a partner transfers his share to a third person, the latter does not become a partner, unless agreed upon by all the partners.

7. As to division of profits: Whereas in co-ownership the division of the benefits and charges is fixed by law, in a partnership, the division of profits and losses may be subject to the agreement of partners.

8. As to effect of death: Whereas the death of a co-owner has no effect upon the existence of co-ownership, the death of a partner shall result in the dissolution of partnership. 

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How may Co-ownership be Terminated or Extinguished?

Co-ownership may be terminated by:

1. The merger or consolidation in one of the co-owners of all the shares of the other co-owners;

2. The destruction or loss of the thing or right owned in common;

3. Prescription in favor of a third person or a co-owner; or

4. Partition of the property owned in common. 

Source:

(Desiderio P. Jurado, Civil Law Reviewer, 2006 ed.)

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Partition of the Property Owned in Common

Right of a co-owner to demand partition

No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand the partition of the thing owned in common, insofar as his share is concerned. (Art. 494, par. 1, Civil Code)

When is partition of the community property at the instance of a co-owner not allowed?

1. When the co-owners have agreed to keep the thing undivided for a certain period of time, not exceeding 10 years (Art. 494, par. 2, Civil Code);

2. When it is prohibited by the donor or testator for a period of which shall not exceed 20 years, when the thing was acquired either by donation or succession (Art. 494, par. 3, CC);

3. When partition is prohibited by law, such as in the case of party walls and the family home (Art. 494, par. 3, CC);

4. When to do so would render the thing unserviceable for the use for which it is intended, although the co-ownership may still be terminated in accordance with Art. 498 of the Civil Code (Art. 495, CC)

a. The thing may be alloted to one of the co-owners who shall indemnify the others.

b. If the co-owners cannot agree that it be alloted to one of them, the thing shall be sold and its proceeds distributed.

Agreement of co-owners not to partition the thing

1. Period must not extend more than 10 years

2. If it exceeds 10 years, the stipulation is valid insofar as the first 10 years is concerned

3. There can be an extension but only after the original period has ended

4. After the first extension, there can be another extension, and so on indefinitely, as long as for each extension, the period of 10 years is not exceeded

How partition is made

1. By agreement between the parties or 

2. By judicial proceedings

Right of the creditors

The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity (Art 497, CC)

When the thing is essentially indivisible

Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed (Art 498, CC). 

Partition shall not prejudice third persons

The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude or any other real rights belonging to them before the division was made. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition (Art 499, CC). 

Mutual accounting of benefits

Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud (Art 500, CC). 

Co-owner liable for defects of title and quality

Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners (Art. 501, CC).

Effects of partition

1. Mutual accounting for benefits

2. Mutual reimbursement for expenses

3. Indemnity for damages in case of negligence or fraud

4. Reciprocal warranty for defects of title or quality

5. Each former co-owner is deemed to have had exclusive possession of his part allotted to him for the entire period during which the co-possession lasted

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What is Immovable Property?

The following are immovable property:

1) Land, buildings, roads and constructions of all kinds adhered to the soil;

2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;

3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;

4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;

5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;

6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;

7) Fertilizer actually used on a piece of land;

8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;

9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;

10) Contracts for public works, and servitudes and other real rights over immovable property. (Art. 415, CC)

What are the different classes of immovable?

1) Immovable by nature - those which cannot be moved from place to place 

       

e.g. land and roads (no. 1)

             mines, quarries and slag dumps (no. 8)

2) Immovable by incorporation - those which are attached to an immovable in such a manner as to form and integral part thereof

e.g. buildings and constructions of all kinds adhered to the soil (no. 1)

             trees, plants, and growing fruits (no. 2)

             everything attached to an immovable in a fixed manner (no. 3)

             statues, reliefs, paintings or other objects (no. 4)

3) Immovable by destination - those which are placed in an immovable for the use, exploitation or perfection of such immovable

       

e.g. nos. 4, 5, 6, 7, and 9 

4) Immovable by analogy - those which are considered immovables by operation of law

       

e.g. contracts for public works, and servitudes (no. 10)

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What is Movable Property?

The following things are deemed to be personal property:

1) Those movables susceptible of appropriation which are not included in the preceding article;

2) Real property which by any special provision of law is considered as personalty;

3) Forces of nature which are brought under control by science; and

4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (Art. 416, CC)

The following are also considered as personal property:

1) Obligations and actions which have for their object movables or demandable sums; and

2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (Art. 417, CC)

Classification of movable property

Movable property is either consumable or non-consumable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others. (Art. 418, CC)

As to their possibility of being consumed by their use:

1. Consumables - those which cannot be used in a manner appropriate to their nature without their being consumed

2. Non-consumables - those which can be used in a manner appropriate to their nature without their being consumed

As to their possibility of being substituted by others of the same kind and quality:

1. Fungibles - those which can be substituted by others of the same kind and quality

2. Non-fungibles - those which cannot be substituted by others of the same kind and quality

Test to determine whether an object is movable or not

The tests which must be applied successively are:

1. Whether the object can be transported from place to place;

2. Whether the change of location can take place without injury to the immovable to which it may be attached; and

3. Whether it is not included in the enumeration found in Art. 415 of the Civil Code

If the answer to all above questions is in the affirmative, then the object is movable. 

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