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
-donees 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