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Art.

765
Paragraph 1:
“If the 1one should commit some offense against the
PERSON (not merely the life), the HONOR, or the PROPERTY
of the donor, or of his wife, or children under his parental authority’’:
(d) “Offense’’ includes both crimes and non-crimes; no
criminal conviction is required, and proof of the offense,
by mere preponderance of evidence, in the suit
for revocation would be suffi cient.
(b) “Under parental authority’’ refers to those children
not yet emancipated by reaching the age of majority,
or marriage, or by parental concession, or by the appointment
of a general guardian. (Art. 327). Hence,
if the 1one commits a crime against a 25-year-old
child of the donor, the cause for revocation of the
donation on the ground of ingratitude does not exist.
(4) Paragraph 2:
“If the 1one imputes to (accuses or becomes a witness
against) 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
1one himself, his wife, or children under his authority.”

(d) Example of the General Rule:


The 1one accused the donor of murdering X, a
stranger. The 1one can prove his charge. May the donor
ask for the revocation of the donation on the ground of
ingratitude?
ANS.: Yes.
(b) Example of the Exception: If in the above example, X is the
minor child of the 1one, will the revocation prosper?
ANS.: No, because the crime was committed against
a child under the 1one’s authority.
© “Authority” should be understood to refer to parental
authority.
(5) Paragraph 3:
“If he unduly refuses him support when the 1one is legally
or morally bound to give support to the donor.’’
(a) Note that the law says “legally OR morally bound.”
(b) The refusal to support must be “undue” or unjustifi ed
(Hence, if there is a just reason for refusal, there can be
no revocation.)
© It is understood that the support given periodically should
not exceed the value of the thing donated. The moment
this amount is reached, the duty to support also ends.
Moreover, there will really be no more donation that can
be revoked.
(d) Even if the donor still has relatives who can adequately
support him, it would seem from the wording and the
intent of the article that once the donor calls upon him
for support, the 1one must give the support he is able
to. Otherwise, there would indeed be ingratitude.

Art. 766

A donated to B a parcel of land on Sep. 8, 2003. On Dec.


27, 2003, B sold the land to X. On Jan. 2, 2004, B tried to
kill A, but failed. On Jan. 18, 2004, A sued for the revocation
of the donation. The suit was recorded. Will the action
prosper?
ANS.: Yes, the action will prosper because this is a
clear case of ingratitude, but since the sale was made long
before the annotation of the complaint for revocation in
the Registry of Property, the sale in favor of X is valid.
Therefore, all that A can recover from B would be the
value of the property. (The value should be computed as
of the date the donation was made)

Art. 767.

Meaning of ‘Time’
“Time of the donation’’ refers to the “perfection’’ of the
donation.

He will have the same rights as those possessed


by a creditor over an insolvent debtor. He can, for example, exercise all actions of the donee-debtor with
reference to recovery (if any) of other kinds of property (except those rights inherent in the person of the
debtor); or he can wait until the debtor gets money or property in the future. (See Art. 1177).

If the property has been lost or has deteriorated thru any


cause including a fortuitous event, the donee should respond
with damages, because as owner, he is supposed to bear the
loss or deterioration (res perit domino).
Art. 768.
The Returning of Fruits
What fruits must be returned when the donation is revoked?
ANS.: It depends:
(a) The fruits accruing from the time the action is fi led must
be returned if the ground is
1) B-A-R (Art. 760); OR
2) Inoffi ciousness of the donation because the legitime
has been impaired (Art. 771); OR
3) Ingratitude. (Art. 765).
(b) The fruits received after failure to fulfi ll the condition (or
conditions) must be returned if the ground is NON-COMPLIANCE
with any of the conditions imposed. (Art. 764).

Art. 789
Art. 770.