IS DONATION PROPTER NUPTIAS COLLATIONABLE???????

1. A married B. A gave B donation propter nuptias. Before marriage, A gave B donation propter
nuptias. Is the donation propter nuptias computed as part of legitime of B (is it subject of
collation)?

ANSWER:

Yes. Donation propter nuptias is subject of collation for the determination of legitime
of B. Article 1061 of the New Civil Code provides that every compulsory heir, who succeeds with
other compulsory heirs, must bring into the mass of the estate any property or right which he
may have received from the decedent, DURING THE LIFETIME of the latter, by way of
DONATION, or any other GRATUITOUS TITLE, in order that it may be computed in the
determination of the legitime of each heir, and in the account of the partition.

Donations propter nuptias are WITHOUT ONEROUS CONSIDERATION, the marriage

being merely the occasion or motive for the donation, not its causa. Being liberalities, they
remain subject to reduction for inofficiousness upon the donors death, if they should infringe
the legitime of a forced heir. (Mateo vs. Lagua, 29 SCRA 864).

Since the donation propter nuptias given to B is considered gratuitous and made during
the lifetime of A, it should be brought back into the mass of the estate of A to determine the
legitime of B and be subject of reduction if found to be inofficious.

2. Between those given aliquot part vs. legacies: In case of deficiency, who will suffer reduction?

ANSWER:

Those given aliquot part should first suffer reduction in case of deficiency of legitime.
By implication, Article 854 (preterition) and Article 918 (disinheritance) of the New Civil Code
give preference to legatees (and devisees) over the heirs instituted. Article 854 provides:

The preterition or omission of one, some, or all of the compulsory heirs in the direct
line, whether living at the time of the execution of the will or born after the death of
the testator, shall annul the institution of heir; but the devises and legacies shall be
valid insofar as they are not inofficious.

Furthermore, Article 918 provides:

Disinheritance without a specification of the cause, or for a cause the truth of which, if
contradicted, is not proved, or which is not one of those set forth in this Code, shall
annul the institution of heirs insofar as it may prejudice the person disinherited; but the
devises and legacies and other testamentary dispositions shall be valid to such extent
as will not impair the legitime.

Glaringly, both articles accord inclination over legacies and devices by maintaining its
validity whenever there is preterition or disinheritance. Thus, for the uniform application of
 rules laid down by the Code, legatees (and devisees) should be preferred over the heirs
instituted whenever there is insufficiency of legitime. Therefore, the share of the heirs
instituted should suffer reduction first.

3. Testator has a wife and 4 children (A, B,C & D) and

A has 5 children
B has 3 children
C has 2 children
D has 1 children

If A, B, C and D repudiated, what would be the share of the wife in view that the children of A, B,
C and D would inherit in their own right.

ANSWER:
Applying Article 996 of the New Civil Code, the surviving spouse has in the succession
the same share as that of each of the children of the testator. Article 996 of the Civil Code
provides that, if a widow of widower and legitimate children or descendants are left, the
surviving spouse has in the succession the same share as that of each of the children. Since the
children of the testator repudiated, the surviving spouse and the grandchildren (descendants)
of the testator are the ones left to inherit. Thus, the application of Article 996 was only proper
in this case.