NUISANCE

IS ANY ACT, OMISSION,

ESTABLISHMENT, BUSINESS,
CONDITION OR PROPERTY OR
ANYTHING ELSE WHICH:
1. INJURES OR ENDANGERS THE
HEALTH OR SAFETY OF OTHERS;
2. ANNOYS OR OFFENDS THE SENSES;
3. SHOCKS, DEFIES OR DISREGARDS
DECENCY OR MORALITY;
4. OBSTRUCTS OR INTERFERES WITH
THE FREE PASSAGE OF ANY PUBLIC
HIGHWAY STREET OR ANY BODY OF
WATER;
5. HINDERS OR IMPAIRS THE USE OF
PROPERTY
A NUISANCE IS CLASSIFIED INTO TWO
WAYS:
1. ACCORDING TO THE OBJECT IT
AFFECTS; OR
2. ACCORDING TO ITS SUSCEPTIBILITY
TO SUMMARY ABATEMENT
NUISANCE ACCORDING TO THE OBJECT
IT AFFECTS – IT MAY EITHER BE:
1. PUBLIC NUISANCE – ONE WHICH
AFFECTS A COMMUNITY OR
NEIGHBORHOOD OR ANY
CONSIDERABLE NUMBER OF PERSONS,
ALTHOUGH THE EXTENT OF
ANNOYANCE, DANGER OR DAMAGE
UPON INDIVIDUALS MAY BE UNEQUAL.
2. PRIVATE NUISANCE – ONE THAT IS
NOT INCLUDED IN PUBLIC NUISANCE.
IN JURSIPRUDENCE, IT IS ONE WHICH
VIOLATES ONLY PTIVATE RIGHTS AND
PRODUCES DAMAGE TO BUT ONE OR
FEW PERSONS.
NUISANCE SUSCEPTIBLE TO SUMMARY
ABATEMENT –
1. NUISANCE PER SE – WHEN IT AFFECTS
THE IMMEDIATE SAFETY OF PERSONS
AND PROPERTY, WHICH MAY BE
SUMMARILY ABATED UNDER THE LAW
OF NECESSITY;
2. NUISANCE PER ACCIDENS – WHICH
DEPENDS UPON CERTAIN CONDITIONS
AND CIRCUMSTANCES, AND ITS
EXISTENCE BEING A QUESTION OF FACT,
IT CANNOT BE ABATED WITHOUT DUE
HEARING THEREON IN A TRIBUNAL
AUTHORIZED TO DECIDE WHETHER
SUCH A THING DOES IN LAW
CONSTITUTE A NUISANCE.
NUISANCE PER ACCIDENS MAY ONLY BE
SO PROVEN IN A HEARING CONDUCTED
FOR THAT PURPOSE AND MAY NOT BE
SUMMARILY ABATED WITHOUT
JUDICIAL INTERVENTION.
NUISANCE PER SE POSES AN IMMEDIATE
EFFECT UPON THE SAFETY OF PERSONS
AND PROPERTY.
EXAMPLES: A MAD DOG ON THE LOOSE,
WHICH MAY BE KILLED ON SIGHT
BECAUSE OF THE IMMEDIATE DANGER
IT POSES TO THE SAFETY AND LIVES OF
THE PEOPLE;
OR PORNOGRAPHIC MATERIALS,
CONTAMINATED MEAT AND NARCOTIC
DRUGS WHICH ARE INHERENTLY BAD
OR HARMFUL –
THESE MAY BE SUMMARILY
DESTROYED.
A FILTHY RESTAURANT WHICH MAY BE
SUMMARILY PADLOCKED IN THE
INTEREST OF PUBLIC HEALTH.
UNDER ART. 700, THE ABATEMENT,
INCLUDING ONE WITHOUT JUDICIAL
PROCEEDINGS, OF A PUBLIC NUISANCE
IS THE RESPONSIBILITY OF THE PUBLIC
HEALTH OFFICER.
UNDER ART. 702, THE DISTRICT HEALTH
OFFICER IS ALSO THE OFFICIAL WHO
SHALL DETERMINE WHETHER OR NOT
ABATEMENT, WITHOUT JUDICIAL
PROCEEDINGS, IS THE BEST REMEDY
AGAINST PUBLIC NUISANCE.
THE TWO ARTICLES DO NOT MENTION
THAT THE CHIEF EXECUTIVE OF THE
LOCAL GOVERNMENT, LIKE THE
PUNONG BARANGAY, IS AUTHORIZED AS
THE OFFICIAL WHO CAN DETERMINE
THE PROPRIETY OF A SUMMARY
ABATEMENT.
DOCTRINE OF ATTACTIVE NUISANCE –
ONE WHO MAINTAINS ON HIS PREMISES
DANGEROUS INSTRUMENTALITIES OR
APPLIANCES OF A CHARACTER LIKELY
TO ATTRACT CHILDREN IN PLAY, AND
WHO FAILS TO EXERCISE ORDINARY
CARE TO PREVENT CHILDREN FROM
PLAYING THEREWITH OR RESORTING
THERETO, IS LIABLE TO A CHILD OF
TENDER YEARS WHO IS INJURED
THEREBY, EVEN IF THE CHILD IS A
TRESPASSER TO THE PROPERTY.
REMEDIES AVAILABLE WHETHER
PRIVATE OR PUBLIC NUISANCE:
1. A CIVIL ACTION;
2. ABATEMENT WITHOUT JUDICIAL
PROCEEDING
3. CRIMINAL PROSECUTION (FOR
PUBLIC NUISNCE ONLY)
A PRIVATE PERSON MAY ABATE A
PUBLIC NUISANCE WHICH IS INJURIOUS
TO HIM BY REMOVING, OR IF
NECESSARY, BY DESTROYING THE
THING WHICH CONSTITUTES THE SAME,
WITHOUT COMMITTING A BREACH OF
THE PEACE OR DOING UNNECESSARY
INJURY.
THIS RULE APPLIES ONLY TO NUISANCE
PER SE AND PRIOR TO THE ABATEMENT,
IT IS NECESSARY:
1. THAT DEMAND BE FIRST MADE UPON
THE OWNER OR POSSESSOR OF THE
PROPERTY TO ABATE THE NUISANCE;
2. THAT SUCH DEMAND HAS BEEN
REJECTED;
3. THAT THE ABATEMENT BE APPROVED
BY THE DISTRICT HEALTH OFFICER
AND EXECUTED WITH THE
ASSISTANCE OF LOCAL POLICE;
4. THAT THE VALUE OF THE
DESTRUCTION DOES NOT EXCEED Php
3,000.00
A PRIVATE PERSON WHO EXTRA-
JUDICIALLY ABATES A NUISANCE SHALL
BE LIABLE FOR DAMAGES IN THE
FOLLOWING SITUATIONS:
1. IF HE CAUSES UNNECESSARY INJURY;
2. IF AN ALLEGED NUISANCE IS LATER
DECLARED BY THE COURTS TO BE
NOT A REAL NUISANCE.
DIFFFERENT MODES OF
ACQUIRING OWNERSHIP
ART. 712 OF THE CIVIL CODE
PROVIDES THAT OWNERSHIP IS
ACQUIRED
BY OCCUPATION;
BY INTELLECTUAL CREATION; AND
BY PRESCRIPTION
IT LIKEWISE PROVIDES THAT
OWNERSHIP AND OTHER REAL
RIGHTS OVER PROPERTY ARE
ACQUIRED AND TRANSMITTED
BY LAW;
BY DONATION;
BY TESTATE AND INTESTATE
SUCCESSION; AND IN
CONSEQUENCE OF CERTAIN
CONTRACTS,
BY TRADITION.
• THE ARTICLE MAKES A
DISTINCTION BETWEEN THE
MODES WHICH ARE MERELY
FOR ACQUISITION AS AGAINST
THOSE WHICH ARE BOTH FOR
ACQUISITION AND
TRANSMISSION.
ALSO UNDER ART. 712, THE MODES OF
ACQUIRING OWNERSHIP ARE
CLASSIFIED INTO TWO:
1. ORIGINAL MODE AND
2. DERIVATIVE MODE

1. OWNERSHIP UNDER THE ORIGINAL

MODE RESULTS IN THE INDEPENDENT
CREATION OF A NEW RIGHT OF
OWNERSHIP, INDEPENDENT OF ANY PRE-
EXISTING RIGHT OF ANOTHER PERSON.
 ORIGINAL MODES MAY CONSIST OF
THE FOLLOWING:
A. OCCUPATION – WHICH IS THE
SEIZURE OF THINGS CORPOREAL,
THINGS WHICH HAVE NO OWNER,
WITH THE INTENTION OF
ACQUIRING OWNERSHIP. Example is
that provided for under Art. 714:
hunting and fishing
B. WORK – WHICH INCLUDES
INTELLECTUAL CREATION
C. PRESCRIPTION
B. LAW
C. WORK – WHICH
INCLUDES
INTELLECTUAL
CREATION
D. ACQUISITIVE
PRESCRIPTION
LAW AS A MODE OF ACQUIRING
OWNERSHIP REFERS TO THOSE SPECIAL
LEGAL PROVISIONS WHICH DIRECTLY
VEST OWNERHSIP OR REAL RIGHTS IN
FAVOR OF CERTAIN PERSONS,
INDEPENDENLT OF THE OTHER MODES
OF ACQUIRING AND TRANSMITTING
OWNERSHIP OR OTHER REAL RIGHTS.

EXAMPLES: : hidden treasure, those under

Art. 445; river bed which are abandoned;
the owner of the principal thing acquires
the accessory; fruits falling on the adjacent
land
DERIVATIVE MODES OF
ACQUIRING OWNERSHIP ARE
THOSE REFERRING TO AN
ACQUISITION WHICH DEPENDS
UPON THE EXISTENCE OF THE
RIGHT OF CERTAIN PERSONS:
1. DONATION
2. SUCCESSION
3. TRADITION OR DELIVERY
• THE DELIVERY OF THE THING
CONSTITUTES A NECESSARY
AND INDISPENSABLE
REQUISITE FOR THE PURPOSE
OF ACQUIRING OWNERSHIP
OF THE SAME.
TRADITION OR DELIVERY, AS A
MODE OF ACQUIRING AND
TRANSMITTING OWNERSHIP
AND OTHER REAL RIGHTS,
REFERS TO TRANSFER OF
POSSESSION ACCOMPANIED BY
AN INTENTION TO TRANSFER
OWNERSHIP OR OTHER REAL
RIGHTS.
• IN MATTERS OF CONTRACT,
DICTINCTION MUST BE MADE
BETWEEN “TITLE” AND
“MODE” OF ACQUIRING
OWNERSHIP.
• MODE IS THE LEGAL MEANS
BY WHICH DOMINION OR
OWNERSHIP IS CREATED OR
DESTROYED.
• BUT TITLE IS ONLY THE LEGAL
BASIS BY WHICH TO EFFECT
DOMINION OR WONERSHIP.
• TITLE REFERS TO EVERY
JURIDICAL ACT, RIGHT OR
CONDITION WHICH GIVES A
MEANS TO THE ACQUISITION OF
OWNERSHIP AND OTHER REAL
RIGHTS BUT WHICH IN ITSELF IS
INSUFFICIENT TO PRODUCE
THEM.
• CONTRACTS, UNDER OUR
LAWS, ONLY CONSTITUTES
TITLES OR RIGHTS, WHILE
DELIVERY OR TRADITION IS
THE MODE OF
ACCOMPLISHING THE SAME.
•  OWNERSHIP IS
TRANSFERRED NOT BY
CONTRACT ALONE BUT BY
DELIVERY.
• SALE BY ITSELF DOES NOT
TRANSFER OR AFFECT
OWNERSHIP; THE MOST THAT
SALE DOES IS TO CREATE THE
OBLIGATION TO TRANSFER
OWNERSHIP. IT IS DELIVERY,
AS A CONSEQUENCE OF SALE,
WHICH ACTUALLY TRANSFERS
OWNERSHIP.
• TRADITION OR DELIVERY,
REFERS TO THE TRANSFER OF
POSSESSION ACCOMPANIED
BY AN INTENTION TO
TRANSFER OWNERSHIP OR
OTHER REAL RIGHTS.
IN ORDER THAT THERE BE DELIVERY, THE
FOLLOWING REQUISITES MUST BE PRESENT:
a. PRE-EXISTENCE OF THE RIGHT TO BE
TRANSMITTED IN THE ESTATE OF THE
GRANTOR;
b. JUST TITLE FOR THE TRANSMISSION, such as
sale;
c. INTENTION OF THE PART OF THE GRANTOR
TO GRANT AND ON THE PART OF THE GRANTEE,
TO ACQUIRE;
d. CAPACITY TO TRANSMIT (ON THE PART OF
THE GRANTOR) AND CAPACITY TO ACQUIRE (ON
THE PART OF THE GRANTEE);
e. AN ACT WHICH GIVES IT OUTWARD FORM,
PHYSICALLY, SYMBOLICALLY OR LEGLLY.
• HENCE, IN ALL FORMS OF
DELIVERY, IT IS NECESSARY THAT
THE ACT OF DELIVERY, WHETHER
CONTRACTUAL OR ACTUAL,
SHOULD BE COUPLED WITH THE
INTENTION OF DELIVERING THE
THING.
• THE CRITICAL FACTOR IN THE
DIFFERENT MODES OF EFFECTING
DELIVERY WHICH GIVES LEGAL
EFFECT TO THE ACT IS THE
ACTUAL INTENTION OF THE
VENDOR TO DELIVER, AND ITS
ACCEPTANCE BY THE VENDEE.
• WITHOUT THAT INTENTION,
THERE IS NO TRADITION.
KINDS OF DELIVERY
1.Real delivery – physical delivery -
the thing is physically delivered
or transferred from hand to
hand, if it is movable,
if an immovable, by certain
possessory acts by the grantee in
the presence and with the consent
of the grantor, such as the
gathering of fruits or entering
upon the property.
IN THE LAW ON SALES, THE THING
SOLD IS UNDERSTOOD AS
DELIVERED WHEN IT IS PLACED IN
THE CONTROL AND POSSESSION OF
THE VENDEE.
2. CONSTRUCTIVE DELIVERY –
WHEN THE CHANGE OF
POSSESSION IS NOT ACTUAL OR
MATERIAL BUT REPRESENTED BY
OTHER SIGNS OR ACTS INDICATIVE
THEREOF.
CONSTRUCTIVE DELIVERY MAY
TAKE PLACE THROUGH ANY OF
THE FOLLOWING WAYS:
a.Symbolical tradition – by signs
or things which represent that
which is being transmitted, like
keys or the title itself;
 b. Traditio longa manu – transfer of
ownership is effected by the grantor
by simply pointing out to the grantee
the things which are being transferred
and which at the time must be within
their sight;
c. Traditio brevi manu – when the
grantee has already acquired actual
control or possession of the thing, as
when a lessee buys the thing leased to
him
 e. Traditio constituum
possessarium – delivery is effected
by a mere declaration on the part of
the transferor that he will hold the
thing for the transferee. This takes
place when the owner of the thing
alienates it but continue possessing
it under another contract or
capacity, such as that of a pledgee or
depository.
IT MAY APPEAR that in traditio
longa manu, traditio brevi manu
and traditio constituum
possessarium the transfer of the
ownership is brought about by the
mere declaration of consent.
However, these modes, at the same
time, effects a change in the
physical control.
In tradition brevi manu, for
example, the grantee, by purchasing
the thing leased, acquires a
different power over the thing from
that which he had before.
• EXECUTION OF A PUBLIC
INSTRUMENT:
• THIS GIVES RISE ONLY TO THE PRIMA
FACIE PRESUMPTION OF DELIVERY.
• IN THE EXECUTION OF A CONTRACT OF
SALE, FOR EXAMPLE, THE CONTRACT
OF SALE IS BUT A LEGAL FICTION AS IT
HOLDS TRUE ONLY WHEN THERE IS
NO LEGAL IMPEDIMENT THAT MAY
PREVENT THE PASSING OF THE
PROPERTY FROM THE HANDS OF THE
VENDOR INTO THOSE OF THE VENDEE.
WHEN THERE IS AN
IMPEDIMENT, FICTION YIELDS TO
REALITY – THE DELIVERY HAS
NOT BEEN EFFECTED.
STATED OTHERWISE, THE
EXECUTION OF A PUBLIC
DOCUMENT GIVES RISE ONLY TO
A PRIMA FACIE PRESUMPTION OF
DELIVERY.
SUCH PRESUMPTION IS
DESTROYED WHEN THE
INSTRUMENT ITSELF EXPRESSES
OR IMPLIES THAT DELIVERY WAS
NOT INTENDED BECAUSE A THIRD
PERSON WAS ACTUALLY IN
POSSESSION OF THE THING.
• PRESCRIPTION WAS A MODE OF
ACQUIRING OWNERSHIP
• IT IS CONCERNED WITH LAPSE OF TIME
AND UNDER CONDITIONS LAID DOWN BY
LAW, NAMELY, THAT THE POSSESSION
SHOULD BE IN THE CONCEPT OF AN
OWNER, PUBLIC, PEACEFUL,
UNINTERRUPTED
• POSSESSION MUST BE EN CONCEPTO DE
DUENO – in the concept of owner – WHICH
COMMONLY MEANS THAT THE POSSESSION
MUST BE ADVERSE.
Quasi tradition is used to indicate
the transfer of rights or
incorporeal things through the
exercise of the rights by the
grantee with the grantor's consent.
Tradition by operation of law, on
the other hand, comprises all
those cases not covered by the
previous modes of delivery and by
which delivery is effected by virtue
of an express provision of law.
PRESCRIPTION IS ANOTHER MODE
OF ACQUIRING OWNERSHIP AND
OTHER REAL RIGHTS.
IT IS CONCERNED WITH THE LAPSE
OF TIME IS THE MANNER AND
UNDER CONDITIONS LAID DOWN
BY LAW: POSSESSION MUST BE IN
THE CONCEPT OF AN OWNER -
PUBLIC, PEASEFUL,
UNINTERRUPTED AND ADVERSE.
POSSESSION TO CONSTITUE THE
FOUNDATION OF A
PRESCRIPTIVE RIGHT, MUST BE
EN CONCEPTO DUENO, MEANING
POSSESSION MUST BE ADVERSE;
IF NOT, SUCH POSSESSORY ACTS,
NO MATTER HOW LONG IT MAY
BE, IT WILL NOT START THE
RUNNING OF THE PRESCRIPTIVE
PERIOD.
POSSESSION MUST BE OPEN,
MEANING: PATENT, VISIBLE,
APPARENT, NOTORIOUS AND NOT
CLANDESTINE.
IT IS CONTINUOUS WHEN IT IS
UNINTERRUPTED, UNBROKEN,
AND NOT INTERMITTENT OR
OCCASIONAL.
• IT IS EXCCLUSIVE WHEN THE
ADVERSE POSSESSOR CAN SHOW
EXCLUSIVE DOMINION OVER THE
LAND AND AN APPROPRIATION OF
IT TO HIS OWN USE AND BENEFIT.
• IT IS NOTORIOUS WHEN IT IS SO
CONSPICUOUS THAT IT IS
GENERALLY KNOWN AND TALKED
OF BY THE PEOPLE IN THE
NEIGHBORHOOD.
• ART. 1117 PROVIDES THAT ACQUISITIVE
PRESCRIPTION OF OWNERSHIP AND
OTHER REAL RIGHTS MAY BE
ORDINARY OR EXTRAORDINARY.
• ORDINARY ACQUISITIVE
PRESCRIPTION REQUIRES POSSESSION
OF THINGS IN GOOD FAITH AND WITH
JUST TITLE FOR THE TIME FIXED BY
LAW.
• WITHOUT GOOD FAITH AND JUST
TITLE, ACQUISITIVE PRESCRIPTION
CAN ONLY BE ETRAORDINARY IN
CHARACTER.
• THERE IS GOOD FAITH
WHEN THERE IS A
REASONABLE BELIEF THAT
THE PERSON FROM WHOM
THE THING IS RECEIVED HAS
BEEN THE OWNER THEREOF
AND COULD THEREBY
TRANSMIT HIS OWNERSHIP.
THERE IS JUST TITLE WHEN THE
ADVERSE CLAIMANT CAME INTO
POSSESSION OF THE PROPERTY
THROUGH ONE OF THE MODES
RECOGNIZED BY LAW FOR THE
ACQUISITION OF OWNERSHIP OR
OTHER REAL RIGHTS, BUT THE
GRANTOR WAS NOT THE OWNER
OR COULD NOT TRANSMIT ANY
RIGHT.
JUST TITLE, FOR PURPOSES OF
PRESCRIPTION, MUST BE
PROVED, IT IS NEVER
PRESUMED.
• PERIOD OF PRESCRIPTION:
• FOR MOVABLES: 4 YEARS FOR
ORDINARY; 8 YEARS FOR
EXTRAORDINARY.
• FOR IMMOVABLES: 10 YEARS FOR
ORDINARY AND 30 YEARS FOR
EXTRAORDINARY
PRESCRIPTION AS A MODE OF
ACQUIRING OWNERSHIP AND
OTHER REAL RIGHTS DOES NOT
APPLY IN THE FOLLOWING
1. AGAINST REGISTERED LAND.
A TITLE, ONCE REGISTERED,
CANNOT BE DEFEATED EVEN BY
ADVERSE, OPEN NOTORIOUS
POSSESSION;
2. PROPERTIES OF THE STATE
AND OF ITS SUBDIVISIONS
WHICH ARE CLASSIFIED AS
BELONGING TO PUBLIC
DOMINION;
 3. TRUSTEE CANNOT ACQUIRE
BY PRESCRIPTION THE
OWNERSHIP OF THE
PROPERTY ENTRUSTED TO
HIM;
4. CO-OWNERS AND CO-HEIRS
WITH RESPECT TO THE PROPERTY
OWNED IN COMMON.
5. POSSESSION NOT IN THE
CONCEPT OF AN OWNER, LIKE
BEING A LESSEE, USUFRUCTUARY
OR A PLEDGEE

6. ACTS OF POSSESSORY
CHARACTED BY MERE LICENSE OR
BY MERE TOLERANCE OF THE
OWNER;

 
 7. POSSESSION OBTAINED
THROUGH FORCE;

8. POSSESSORY ACTS EXECUTED

CLANDISTINELY;
 
9. PRESCRIPTION DOES NOT RUN
BETWEEN HUSBAND AND WIFE,
EVEN IF THERE HAS BEEN A
SEPARATION OF PROPERTY AGREED
UPON.
CAPACITY TO ACQUIRE
OWNERSHIP BY ACQUISITIVE
PRESCRIPTION –
AS A RULE, PERSONS WHO ARE
CAPABLE OF ACQUIRING
PROPERTY OR RIGHTS BY OTHER
LEGAL MODES MAY ACQUIRE THE
SAME BY MEANS OF
PRESCRIPTION.
AS A CONSEQUENCE, IF JUST
TITLE IS REQUIRED, THE
CAPACITY TO ACQUIRE TITLE BY
PRESCRIPTION SHALL BE THE
SAME CAPACITY REQUIRED FOR
THE PARTICULAR TITLE IN
QUESTION.
HENCE, IF THE JUST TITLE IS
PURSUANT TO A DONATION, THE
CAPACITY REQUIRED IS THAT OF
THE DONEE.
IF IT IS CONTINUOUS WHEN IT IS
UNINTERRUPTED, UNBROKEN, AND
NOT INTERMITTENT OR
OCCASIONAL.
IT IS BY SUCCESSION, THE CAPAITY
TO SUCCEED AND IF IT IS BY
CONTRACT, THE CAPACITY TO
ENTER INTO CONTRACTS.
BUT IS JUST TITLE IS NOT
REQUIRED (AS IN EXTRAORDINARY
PRECRIPTION), THE CAPACITY FOR
POSSESSION IS REQUIRED.
DONATIONS
ESSENTIAL ELEMENTS OF
DONATION

1. ESSENTIAL REDUCTION OF
THE PATRIMONY OF THE
DONOR;
2. THE INCREASE IN THE
PATRIMONY OF THE DONEE;
3. THE INTENT TO DO AN ACT OF
LIBERALITY.
 REQUISITIES OF DONATION:

1. THE DONOR MUST HAVE THE

CAPACITY TO MAKE THE
DONATION;
2. HE MUST HAVE THE DONATIVE
INTENT;
3. THERE MUST BE DELIVERY,
WHETHER ACTUAL OR
CONSTRUCTIVE; AND
 Requisites of donation:

4. THE DONEE MUST ACCEPT OR

CONSENT TO THE DONATION.

• IN CERTAIN DONATIONS, THE

FORM PRESCRIBED BY LAW MUST
BE FOLLOWED.
• ABELLO V COMMISSIONER OF INTERNAL
REVENUE
• DONATIVE INTENT IS A CREATURE
OF THE MIND. IT CANNOT BE
PERCEIVED EXCEPT BY THE
MATERIAL AND TANGIBLE ACTS
WHICH MANIFEST ITS PRESENCE.
THIS BEING THE CASE, DPNATIVE
INTENT IS PRESUMED PRESENT
WHEN ONE GIVE PART OF HIS
PATRIMONY TO ANOTHER
WITHOUT CONSIDERATION.
SO, AS A MODE OF ACQUIRING
OWNERSHIP, DONATION
RESULTS IN THE EFFECTIVE
TRANSFER OF TITLE OVER THE
PROPERTY FROM THE DONOR TO
THE DONEE.
THE DONATION IS PERFECTED
FROM THE MOMENT THE DONOR
KNOWS OF THE ACCEPTANCE BY
THE DONEE.
AND ONCE A DONATION IS
ACCEPTED, THE DONEE BECOMES
THE ABSOLUTE OWNER OF THE
PROPERTY DONATED.
 ART. 728 and 729
KINDS OF DONATION:
1. INTER VIVOS – IF THE DONATION
TAKES EFFECT DURING THE
DONOR’S LIFETIME OR
INDEPENDENTLY OF THE DONOR’S
DEATH.
THE FULL OR NAKEN OWNERSHIP OF
THE DONATED PROPERTIES PASSES TO
THE DONEE DURING THE DONOR’S
LIFEITME, NOT BY REASON OF HIS
DEATH BUT BECAUSE OF THE DEED OF
DONATION.
DONATIONS INTER VIVOS MAY BE
CLASSIFIED ACCORDING TO
PURPOSE OR CAUSE INTO:
1. PURE OR SIMPLE – THE
UNDERLYING CAUSE IS PLAIN
GRATUITY;
2. REMUNERATORY- MADE FOR
THE PURPOSE OF REWARDING
THE DONEE FOR PAST
SERVICES;
3. CONDITIONAL OR MODAL-
MADE IN CONSIDERATION OF
FUTURE SERVICES OR WHERE
THE DONOR IMPOSES CERTAIN
CONDITIONS, LIMITATIONS OR
CHARGES UPON THE DONEE, THE
VALUE OF WHICH IS INFERIOR
THAN THAT OF THE DONATION
GIVEN; AND
4. ONEROUS – IMPOSES UPON
THE DONEE A RECIPROCAL
OBLIGATION. THIS DONATION
IS MADE FOR VALUABLE
CONSIDERATION, THE COST OF
WHICH IS EQUAL TO OR MORE
THAN THE THING DONATED.
THE VALIDITY OFAN ONEROUS
DONATION, AND THE RIGHTS
AND OBLIGATIONS OF THE
PARTIES INVOLVED IS
COMPLETELY GOVERNED NOT BY
THE LAW ON DONATIONS BUT BY
THE LAW ON CONTRACTS.
• DONATION MORTIS CAUSA – A
DONATION MADE IN CONTEMPLATION
OF THE DONOR’S DEATH.
• THE FULL AND NAKED OWNERSHIP OF
THE DONATED PROPERTIES WILL PASS
TO THE DONEE ONLY AT THE DONOR’S
DEATH. IT IS THE TIME WHEN THE
DONATION TAKES EFFECT
• IT MUST BE EXECUTED IN ACCORDANCE
WITH THE REQUISITES ON THE
SOLEMNITIES OF LAST WILLS AND
TESTAMENTS.
A DONATION MORTIS CAUSA, IF
NOT EXECUTED IN ACCORDANCE
WITH THE REQUISITES ON
SOLEMNITIES OF WILLS AND
TESTAMENTS, IS VOID AND
WOULD PRODUCE NO EFFECT.
UNLESS THE WILL IS PROBATED,
NO RIGHT TO THE SUBJECT
PROPERTY HAS BEEN
TRANSMITTED TO THE DONEE.
• THE DESIGNATION OF THE
DONATION AS MORTIS CAUSA,
OR THERE IS A PROVISION IN
THE DEED TO THE EFFECT THAT
THE DONATION IS TO TAKE
EFFECT AT THE DEATH OF THE
DONOR, ARE NOT CONTROLLING
CRITERIA TO SAY THAT THE
DONATION IS MORTIS CAUSA.
• SUCH STATEMENTS ARE TO BE
CONSTRUED TOGETHER WITH
THE REST OF THE INSTRUMENT,
IN ORDER TO GIVE EFFECT TO
THE REAL INTENT OF THE
TRANSFEROR.
• THE DISTINCTION BETWEEN A
TRANSFER INTER VICOS OR MORTIS
CAUSA IS IMPORTANT AS THE
VALIDITY OR REVOCATION OF THE
DONATION DEPENDS UPON ITS
NATURE.
• IF THE DONATION IS INTER VIVOS, IT
MUST BE EXECUTED AND ACCEPTED
WITH THE FORMALITIES
PRESCRIBED IN ART. 748 AND 749 OF
THE CIVIL CODE, EXCEPT WHEN IT IS
ONEROUS, IN WHICH CASE THE
RULES ON CONTRACTS WILL APPLY.
• IF IT IS MORTIS CAUSA,
THE DONATION MUST BE
IN THE FORM OF A WILL,
WITH THE FORMALITIES
FOR THE VALIDITY OF
WILLS, OTHERWISE, IT IS
VOID AND CANNOT
TRANSFER OWNERSHIP.
IT IS NOT SUFFICIENT TO MAKE A
DONATION ONE OF MORTIS CAUSA,
REQUIRING EXECUTION OF THE
INSTRUMENT IN THE FORM AND
MANNER REQUIRED FOR A WILL, IF
IT CAN BE GATHERED FROM THE
BODY OF THE INSTRUMENT THAT
THE MAIN CONSIDERATION IS NOT
THE DEATH OF THE DONOR BUT
SERVICES RENDERED TO HIM BY
THE DONEE.
• IN ASCERTAINING THE INTENTION
OF THE DONOR, ALL OF THE DEED’S
PROVISIONS MUST BE READ
TOGETHER IN ORDER TO GIVE
EFFECT TO THE REAL INTENT OF THE
TRANSFEROR.
• IN CASE OF DOUBT, THE
CONVEYANCE SHOULD BE DEEMED A
DONATION INTER VIVOS RATHER
THAN MORTIS CAUSA IN ORDER TO
AVOID UNCERTAINTY AS TO THE
OWNERSHIP OF THE PROPERTY.
ART. 727. EFFECT OF ILLEGAL OR
IMPOSSIBLE CONDITIONS:
IF THERE ARE ILLEGAL OR IMPOSSIBLE
CONDITIONS IMPOSED ON SIMPLE AND
REMUNRATORY DONATIONS, THEN
THE DONATION IS VALID BECAUSE THE
ILLEGAL OR IMPOSSIBLE CONDITIONS
ARE SIMPLY CONSIDERED AS NOT
IMPOSED AND WILL BE DISREGARDED.
THE OBLIGATION CREATED BY AN
IMPOSSIBLE OR ILLEGAL CONDITION
SHALL BE ANNULLED, PURSUANT TO
ART. 1183 OF THE CIVIL CODE.
IN ROMAN CATHOLIC ARCHBISHOP
OF MANILA V CA, A DEED OF
DONATION WAS EXECUTED IN
FAVOR OF THE ROMAN CATHOLIC
ARCHBISHOP. THE DONATION
IMPOSED THE CONDITION THAT
THE PROPERTY CANNOT BE
DISPOSED OF BY THE DONEE FOR A
PERIOD OF 100 YEARS.
APPLYING ART. 727, THE SUPREME
COURT HELD THAT SUCH
CONDITION SHALL BE
CONSIDERED AS NOT IMPOSED AS
IT IS CONTRARY TO LAW.
ART. 734 PROVIDES THAT THE
DONATION IS PERFETED FORM
THE MOMENT THE DONOR
KNOWS OF THE ACCEPTANCE BY
THE DONEE.

BEFORE NOTICE OF ACCEPTANCE,

THE DONOR IS NOT BOUND AND
MAY WITHDRAW THE OFFER OF
DONATION.
THE THEORY OF COGNITION IS
FOLLOWED, PURSUANT TO ART.
734. THE DONATION IS PERFECTED
FROM THE MOMENT THE DONOR
KNOWS OF THE ACCEPTANCE BY
THE DONEE.
BEFORE NOTICE OF ACCEPTANCE,
THE DONOR IS NOT BOUND AND
MAY WITHDRAW THE OFFER OF
DONATION.
SUCH REVOCATION WILL HAVE
THE EFFECT OF PREVENTING THE
PERFECTION OF THE DONATION
ALTHOUGH IT MAY NOT BE
KNOWN TO THE DONEE.

IN THE SAME MANNER, THE

ACCEPTANCE MAY BE REVOKED
BY THE DONEE BEFORE IT COMES
TO THE KNOWLEDGE OF THE
DONOR.
IT IS EXPLICIT IN ART. 725 THAT
ACCEPTANCE IS NECESSARY IN A
DONATION. WITHOUT
ACCEPTANCE, THE DONATION IS
NOT PERFECTED. THE
RATIONALE BEHIND THE
REQUIREMENT OF ACCEPTANCE
IS THAT NOBODY IS OBLIGED TO
RECEIVE A GIFT AGAINST HIS
WILL.
EFFECT OF PERFECTION

ONCE THE DONATION IS

ACCEPTED, IT IS GENERALLY
CONSIDERED IRREVOCABLE. THE
DONEE BECOMES THE ABSOLUTE
OWNER OF THE PROPERTY
DONATED.
TIME OF MAKING ACCEPTANCE -
ART. 746 REQUIRES THAT THE
ACCEPTANCE MUST BE MADE
DURING THE LIFETIME OF THE
DONOR AND THE DONEE.
UPON THE DEATH OF EITHER THE
DONOR OR THE DONEE PRIOR TO
THE PERFECTION OF THE
DONATION, THE OFFER OF
DONATION BECOMES INEFFECTIVE
BECAUSE ART. 1323 PROVIDES
THAT AN OFFER BECOMES
INEFFECTIVE UPON THE DEATH,
CIVIL INTERDICTION, INSANITY OR
INSOLVENCY OF EITHER PARTY
BEFORE ACCEPTANCE IS
CONVEYED.
SUCH BEING THE CASE, AN
ACCEPTANCE MADE BY THE DONEE
DURING THE LIFETIME OF BOTH
THE DONOR AND THE DONEE WILL
NOT RESULT IN A PERFECTED
DONATION, IF PRIOR TO THE
DONOR GAINING KNOWLEDGE OF
THE ACCEPTANCE, EITHER OF
THEM DIES.
CHAPTER 2 – PERSONS WHO MAY
GIVE OR RECEIVE DONATION
IN DONATIONS, THE LAW
REQUIRES THAT THE DONOR MUST
BE THE OWNER OF THE THING
DONATED AT THE TIME OF THE
DONATION, UNLIKE IN A
CONTRACT OF SALE.
IN A CONTRACT OF SALE,
OWNERSHIP BY THE SELLER OF
THE THING SOLD AT THE TIME OF
THE PERFECTION OF THE
CONTRACT OF SALE IS NOT AN
ELEMENT FOR PERFECTION.
ART. 735. WHO MAY DONATE –
TO BE A DONOR, THE LAW
REQUIRES THAT A PERSON MUST
BE IN POSSESSION OF THE
CAPACITY TO CONTRACT AND THE
CAPACITY TO DESPOSE OF HIS
PROPERTY AND IS NOT
SPECIFICALLY PROHIBITED TO
MAKE A DONATION.
IN ART. 751, IT IS PROVIDED THAT
DONATIONS CANNOT
COMPREHEND FUTURE PROPERTY.

FUTURE PROPERTY INCLUDES ALL

PROPERTY THAT BELONGS TO
OTHERS AT THE TIME THE
DONATION IS MADE, ALTHOUGH IT
MAY OR MAY NOT LATER BLONG TO
THE DONOR.
IT CANNOT BE DONATED, BECAUSE
IT IS NOT AT PRESENT, HIS
PROPERTY.
OTHERWISE, SUCH DONATION IS
VOID, EVEN IF ACCEPTED.
THIS MUST BE THE RULE BECAUSE
DONATION, UNDER THE CIVIL
CODE, IS A MODE OF ACQUIRING
OWNERSHIP.
AS A MODE OF ACQUIRING
OWNERSHIP, IT RESULTS IN AN
EFFECTIVE TRANSFER OF TITLE
OVER THE PROPERTY FROM THE
DONOR TO THE DONEE.
UNDER ART, 1332 OF THE CIVIL
CODE, AN OFFER BECOMES
INEFFECTIVE UPON THE DEATH,
CIVIL INTERDICTION, INSANITY OR
INSOLVENCY OF EITHER PARTY
BEFORE ACCEPTANCE IS
CONVEYED.
APPLYING THE PROVISIONS OF
ART. 1332, IF THE DONOR IS
CAPACITATED AT THE TIME HE
MAKES THE DONATION, HIS
SUBSEQUENT INCAPACITY BY
REASON OF CIVIL INTERDICTION,
INSANITY OR INSOLVENCY BEFORE
ACCEPTANCE IS CONVEYED WILL
RENDER THE OFFER INEFFECTIVE,
THUS PREVENTING THE
PERFECTION OF THE DONATION.
CAPACITY OF THE DONEE –
THE LAW DOES NOT REQUIRE THAT
THE DONEE MUST POSSESS
CAPACITY TO ACT, IT BEING
SUFFICIENT THAT HE MUST
POSSESS JURIDICAL CAPACITY OR
“THE FITNESS TO BE THE SUBJECT
OF LEGAL RELATIONS.”
HENCE, ALL PERSONS, WHETHER
NATURAL OR JURIDICAL, WHO IS
NOT SPECIFICALLY DISQUALIFIED
BY LAW, MAY BECOME DONEES.
HENCE, MINORS, PERSONS WHO
CANNOT ENTER INTO A CONTRACT,
AND EVEN CONCEIVED AND
UNBORN CHILDREN, MAY BECOME
DONEES.
MANNER OF ACCEPTANCE –
THE OFFEROR HAS A RIGHT TO
PRESCRIBE IN HIS OFFER ANY
CONDITIONS AS TO TIME, PLACE,
QUANTITY, MODE OF ACCEPTANCE,
OR OTHER MATTERS WHICH MAY
PLEASE HIM.
BUT WITH REGARDS TO THE FORM
OF ACCEPTANCE OF DONATIONS,
ART. 748 AND 749 ARE MANDATORY
IN CHARACTER, THE DONOR
CANNOT PRESCRIBE DIFFERENT
FORMALITIES IN ACCEPTING A
DONATION.
THE LAW PROVIDES THAT THE
DONEE MUST ACCEPT THE
DONATION PERSONALLY, OR
THROUGH AN AUTHORIZED
PERSON WITH SPECIAL POWER
FOR THE PURPOSE, OR WITH A
GENERAL AND SUFFICIENT POWER,
OTHERWISE, THE DONATION WILL
BE VOID.
IN OTHER WORDS, A DONATION
MAY NOT BE ACCEPTED BY A
PERSON WHO IS NOT
AUTHORIZED TO DO SO, EITHER
BY THE DONEE OR BY LAW.
SUCH UNAUTHORIZED
ACCEPTANCE MAY NOT EVEN GIVE
RISE TO AN UNENFORCEABLE
CONTRACT.
MINORS, INCAPACITATED
PERSONS AND CONCEIVED AND
UNBORN CHILDREN MAY BECOME
DONEES PROVIDED THAT THE
ACCEPTANCE IS MADE THROUGH
THEIR PARENTS OR LEGAL
REPRESENTATIVES.
THESE FORMALITIES IN LAW ARE
APPLICABLE ONLY IN DONATIONS
INTER VIVOS, WHICH MAY BE
EITHER SIMPLE OR
REMUNERATORY.
ONEROUS CONTRACTS ARE
GOVERNED BY THE RULE ON
CONTRACTS.
DONATIONS MORTIS CAUSA ARE
GOVERNED BY THE FORMALITIES
FOR THE VALIDITY OF WILLS.
VALIDITY OF DONATIONS PROPTER
NUPTIAS ARE LIKEWISE
GOVERNED BY ART. 748 AND 749.
DONATIONS PROPTER NUPTIAS
ARE LIMITED TO DONATIONS MADE
BEFORE THE CELEBRATION OF THE
MARRIAGE, IN CONSIDERATION OF
THE SAME AND IN FAVOR OF ONE
OR BOTH OF THE FUTURE
SPOUSES.
DONATION OF PERSONAL
PROPERTY MAY BE MADE EITHER
ORALLY OF IN WRITING (ART. 748).
IF THE VALUE DOES NOT EXCEED
PHP 5,000.00, THE DONATION MAY
BE MADE ORALLY, BUT THERE
MUST BE SIMULTANEOUS
DELIVERY OF THE THING OR OF
THE DOCUMENT REPRESENTING
THE RIGHT DONATED.
IF THERE IS NO SIMULTANEOUS
DELIVERY, THE DONATION IS
VOID.
BUT THE DONATION MAY BE
REDUCED TO WRITING. IN SUCH A
CASE, THERE IS NO REQUIREMENT
THAT THERE BE SIMULTANEOUS
DELIVERY AND THE LAW DOES
NOT REQUIRE THAT THE
ACCEPTANCE MUST ALSO BE IN
WRITING.
AS SUCH, IF THE VALUE OF THE
PERSONAL PROPERTY DONATED
DOES NOT EXCEED PHP 5,000.00
AND THE DONATION IS MADE IN
WRITING, THE ACCEPTANCE MAY
BE MADE EITHER ORALLY OR IN
WRITING, EXPRESSLY OR TACITLY,
AND WITHOUT NEED OF
SIMULTANEOUS DELIVERY.
IF THE VALUE OF THE DONATED
PROPERTY EXCEEDS PHP 5,000.00,
THE LAW MANDATES THAT BOTH
THE DONATION AND THE
ACCEPTANCE MUST BE IN
WRITING.
THE DONATION AND ACCEPTANCE
MAY BE IN PRIVATE OR PUBLIC
INSTRUMENT. IT MAY OR MAY
NOT BE EMBODIED IN A SINGLE
DOCUMENT.
THREE REQUISITES FOR THE
VALIDITY OF SIMPLE DONATION
OF REAL PROPERTY:
1. IT MUST BE MADE IN A PUBLIC
INSTRUMENT;
2.IT MUST BE ACCEPTED, WHICH
ACCEPTANCE MAY BE EITHER IN
THE SAME DEED OF DONATION
OR IN A SEPARATE PUBLIC
INSTRUMENT;
3. IF ACCEPTANCE IS MADE IN A
SEPARATE PUBLIC INSTRUMENT,
THE DONOR MUST BE NOTIFIED IN
AN AUTHENTIC FORM, AND THE
SAME MUST BE NOTED IN BOTH
INSTRUMENTS.

ALL OF THESE MUST BE COMPLIED

WITH, OTHERWISE THE
DONATION SHALL BE VOID.
REQUIREMENT OF NOTIFICATION
AND NOTATION:
IN SUMIPAT V BANGA, THE COURT
DECLARED THAT TITLE TO
IMMOVABLE PROPERTY DOES NOT
PASS FROM THE DONOR TO THE
DONEE BY VIRTUE OF A DEED OF
DONATION UNLESS IT HAS BEEN
ACCEPTED IN A PUBLIC
INSTRUMENT AND THE DONOR
DULY NOTIFIED THEREOF.
WHERE THE DEED OF DONATION
FAILS TO SHOW THE ACCEPTANCE,
OR WHERE THE FORMAL NOTICE
OF ACCEPTANCE, MADE IN A
SEPARATE INSTRUMENT, IS NOT
GIVEN TO THE DONOR OR NOT
NOTED IN THE DEED OF DONATION,
THE DONATION IS NULL AND VOID.
NONE COMPLIEANCE WITH
NOTIFICATION AND NOTATION
MAKES THE DONATION VOID.
IN THE CASE OF PAJARILLO V IAC,
HOWEVER, IT WAS RULED THAT A
STRICT AND LITERAL ADHERENCE
TO THE REQUIREMENT OF
“NOTATION” SHOULD BE AVOIDED
IF SUCH WILL NOT RESULT IN
JUSTICE TO THE PARTIES BUT TO
THE DISTORTION OF THEIR
INTENTIONS.
THUS, IF THE DONOR WAS NOT
UNAWARE OF THE ACCEPTANCE
FOR SHE, IN FACT, CONFIRMED IT
LATER AND REQUESTED THAT THE
DONATED LAND BE NOT
REGISTERED DURING HER
LIFETIME, THE COURT HELD THAT
IT CANNOT DECLARE THAT THE
DONATION WAS INEFFECTIVE FOR
IT WOULD BE PUTTING LESS
IMPORTANCE TO THE SUBSTANCE
OF THE DONATION.
ART. 749 ALSO REQUIRES THAT THE
REAL PROPERTY DONATED AND
THE VALUE OF THE CHARGES
WHICH THE DONEE IS REQUIRED
TO SATISFY MUST BE SPECIFIED IN
THE DEED OF DONATION.
THE CHARGERS REFERRED TO ARE
THE BURDENS MENTIONED IN ART.
726.
THESE ARE REQUIRED TO BE
SPECIFIED FOR THE PURPOSE OF
DETERMINING THE TRUE AMOUNT
OF THE DONATION.
IF THE VALUE OF THE BURDEN IS
AT LEAST EQUAL OR SUPERIOR
THAN THAT OF THE VALUE OF THE
PROPERTY DONATED, THE
DONATION, IS IN REALITY, A
CONTRACT, AND IS GOVERNED BY
THE LAW ON CONTRACTS.
REGISTRATION IS NOT NECESSARY
FOR THE VALIDITY OF THE
DONATION. IT IS ENOUGH, FOR
THE PARTIES TO THE DONATION
OF AN IMMOVABLE, THAT THE
DONATION BE MADE IN A PUBLIC
INSTRUMENT. 
REGISTRATION IS NECESSARY TO
BIND THIRD PERSONS.
BUT THE REGISTRATION IS NOT
NECESSARY TO MAKE THE
DONATION VALID AND OFFICIAL.
CHAPTER 3 –
EFFECTS OF DONATION AND
LIMITATIONS THEREON.
A DONOR MAY DONATE ALL HIS
PROPERTY SUBJECT TO THE
FOLLOWING LIMITATIONS:

1.HE CANNOT DONATE FUTURE

PROPERTY;
2. HE MUST RESERVE IN FULL
OWNERSHIP OR IN USUFRUCT,
SUFFICIENT MEANS FOR HIS
SUPPORT, AND OF ALL RELATIVES
WHO BY LAW ARE ENTITLED TO
SUPPORT;
3. HE CANNOT GIVE BY DONATION
MORE THAN HE CAN GIVE BY
WILL. THE DONATION WILL BE
INOFFICIOUS.
IF THE DONOR FAILS TO MAKE
THE RESERVATION FOR HIS
SUPPORT, THE DONATION IS NOT
VOID BUT SUBJECT ONLY TO A
CORRESPONDING REDUCTION AT
THE INSTANCE OF “ANY PERSON
AFFECTED” AND ONLY TO THE
EXTENT NECESSARY FOR THE
SUPPORT OF THE DONOR AND HIS
RELATIVES REFERRED TO IN ART.
750 OF THE CIVIL CODE.
ANY OF THE PERSONS
MENTIONED IN ART. 195 AND 196
OF THE CIVIL CODE MAY BE
DEEMED PARTY IN INTEREST IN
ANY PETITION FOR REDUCTION
OF DONATION BY REASON OF
ART. 750 OF TH CIVIL CODE.
UNDER THE LAW ON SUCCESSION,
THERE ARE THREE KINDS OF
HEIRS:
1.VOLUNTARY – THEY BECOME
SUCH BY EXPRESS WILL OF THE
TESTATOR IN HIS LAST WILL;

2.LEGAL OR INTESTATE – THOSE

CALLED BY LAW TO SUCCESSION,
IN THE ABSENCE OF VOLUNTARY
HEIRS;
3. COMPULSORY HEIRS – THOSE
WHO ARE ENTITLED TO THE
LEGITIME AND CANNOT BE
DEPRIVED THEREOF BY THE
TESTATOR UNLESS PROPERLY
DISINHERITED BY THE TESTATOR.

INOFFICIOUS DONATIONS
PREJUDICE THE LEGITIME OF THE
COMPULSORY HEIRS.
ART. 751. DONATION TO SEVERAL
DONEES JOINTLY:
1.THE DONATION IS UNDERSTOOD
TO BE IN EQUAL SHARES; SO IF
“R” DONATES PHP 20,000.00 TO
“E” AND “F,” WITHOUT
SPECIFICATION OF THEIR
SHARES, “E” AND “F” SHALL BE
ENTITLED TO PHP10,000 EACH.
2. THERE SHALL BE NO RIGHT OF
ACCRETION AMONG THE
DONEES, UNLESS THE DONOR
HAS OTHERWISE PROVIDED; SO
IF “E”, FOR SOME REASON,
DECLINES THE DONATION, “F”
SHALL NOT GET “E’S” SHARE;
3. IF THE DONEES ARE HUSBAND
AND WIFE, THERE SHALL BE A
RIGHT OF ACCRETION, IF THE
CONTRARY HAS NOT BEEN
PROVIDED BY DONOR.
ART. 754. IN CASE OF
EVICTIONAND HIDDEN DEFECTS:

IF THE PROPERTY DONATED BY

“R” TO “E” WAS PURCHASED FROM
“T” AND THE PROPERTY HAD
HIDDEN DEFECTS, OR “E” WAS
EVICTED THEREFROM, “E” CAN
BRING THE PROPER ACTION
AGAINST “T”;
IF THE DONATION IS SIMPLE OR
REMUNERATIVE, THE DONOR IS
NOT LIABLE FOR EVICTION OR
HIDDEN DEFECTS;
THE DONOR IS LIABLE FOR
EVICTION OR HIDDEN DEFECTS IN
CASE OF BAD FAITH ON THE PART
OF THE DONOR;
IF THE DONATION IS ONEROUS –
THE DONOR IS LIABLE ON HIS
WARRANTY BUT ONLY TO THE
EXTENT OF THE BURDEN.
A DONATION AS A MODE OF
ACQUIRING OWNERSHIP RESULTS
IN AN EFFECTIVE TRANSFER OF
TITLE OVER THE PROPERTY FROM
THE DONOR TO THE DONEE AND
ONCE A DONATION IS ACCEPTED,
THE DONEE BECOMES THE
ABSOLUTE OWNER OF THE
PROPERTY DONATED.
HENCE, WHEN A DONATION IS
ACCEPTED, IT IS GENERALLY
IRREVOCABLE.
REVOCATION AND REDUCTION OF
DONATION:

EXCEPTIONS TO IRREVOCABILITY:
1.THE SUBSEQUENT APPEARANCE
OF CHILDREN;
2.THE NON-FULFILLMENT OF
CHARGES IMPOSED ON THE
DONATION;

3.THE INGRATITUDE OF THE

DONEE;

4. THE DONATION IS INOFFICIOUS.

REDUCTION IN THE DONATION
MAY BE MADE BECAUSE OF:
1. THE DONOR’S FAILURE TO
RESERVE SUFFICIENT PROPERTY
FOR HIS OWN AND HIS FAMILY’S
SUPPORT;
2. BY THE SUBSEQUENT
APPEARNCE OF CHILDREN;
3. THAT THE DONATION IS
INOFFICIOUS.
REVOCATION AFFECTS THE
ENTIRE DONATION WHILE A
REDUCTION AFFECTS ONLY A PART
OR A PORTION THEREOF.
WHEN THE GROUND IS THE
SUBSEQUENT APPEARANCE OF A
CHILD, THERE SHALL BE A
REDUCTION OR REVOCATION IN
SO FAR AS IT IMPAIRS THE
LEGITIME OF THE CHILD WHO
SUBSEQUENTLY APPEARED AFTER
THE MAKING OF THE DONATION.
ART. 758. WHEN THE DONATION
IMPOSES UPON THE DONEE THE
OBLIGATION TO PAY THE DEBTS OF
THE DONOR – THE FOLLOWING
RULES SHALL APPLY UNLESS A
CONTRARY INTENTION CLEARLY
APPEARS:
1. THE DONEE IS UNDERSTOOD TO
BE LIABLE TO PAY ONLY THE
DEBTS WHICH APPEAR TO HAVE
BEEN PREVIOUSLY CONTRACTED;
2. THE LIABILITY OF THE DONEE IS
LIMITED ONLY TO THE VALUE OF
THE PROPERTY DONATED.

IN THE ABSENCE OF ANY

STIPULATION REGARDING THE
PAYMENT OF THE DEBTS OF THE
DONOR, THE DONEE SHALL BE
RESPONSIBLE THEREFOR ONLY
WHEN THE DONATION HAS BEEN
MADE IN FRAUD OF CREDITORS.
SUCH DONATION IS PRESUMED TO
BE IN FRAUD OF CREDITORS WHEN
AT TIME OF THE DONATION, THE
DONOR DID NOT RESERVE
SUFFICIENT PROPERTY TO PAY HIS
DEBTS PRIOR TO THE DONATION.
THIS LIABILITY OF THE DONEE
SHOULD BE LIMITED ONLY TO THE
VALUE OF THE PROPERTY
DONATED.
EFFECTS OF THE REVOCATION OR
REDUCTION OF THE DONATION
BASED ON ART. 760

1.THE PROPERTY AFFECTED SHALL

BE RETURNED, OR IF IT CANNOT
BE RETURNED, AT LEAST ITS
VALUE;
2. IF THE PROPERTY IS
MORTGAGED, THE DONOR MAY
REDEEM THE MORTGAGE, BY
PAYING THE AMOUNT
GUARANTEED, WITH THE RIGHT
TO RECOVER HIS PAYMENT FROM
THE DONEE;
3. THE DONEE SHALL RETURN THE
FRUITS OF THE PROPERTY
AFFECTED ONLY FROM THE
FILING OF THE COMPLAINT.
THE PRESCRIPTIVE PERIOD FOR
THE REVOCATION OR REDUCTION
OF DONATION UNER ART. 760 IS
FOUR YEARS, RECKONED FROM
THE BIRTH OF THE FIRST CHILD,
OR FROM HIS LEGITIMATION,
RECOGNITION OR ADOPTION,
OR FROM THE JUDICIAL
DECLARATION O FILIATION, OR
FROM THE TIME THE
INFORMATION WAS RECEIVED
REGARDING THE EXISTENCE OF
THE CHILD BELIEVED DEAD.

IF THE CHILD DIES PRIOR TO THE

FILING OF THE ACTION, THE
ACTION CAN NO LONGER BE
BROUGHT.
 
ART. 764 – WHEN THE DONEE
FAILS TO COMPLY WITH ANY OF
THE CONDITIONS, THE DONATION
SHALL BE REVOKED AT THE
INSTANCE OF THE DONOR.
 
THE ACTION SHALL PRESCRIBED
IN FOUR YEARS FROM THE NON-
COMPLIANCE WITH THE
CONDITION, MAY BE
TRANSMITTED TO THE HEIRS OF
THE DONOR AND MAY BE
EXERCISED AGAINST THE DONEE’S
HEIRS.
THE PRESCRIPTIVE PERIOD IN
ART. 764 DOES NOT APPLY WHEN
THE DEED OF DONATION
PROVIDES FOR AUTOMATIC
REVOCATION OF THE PROPERTY
DONATED IN CASE OF VIOLATION
OF THE CONDITION THEREIN
BECAUSE IN SUCH A CASE, A
JUDICIAL DECLARATION
REVOKING THE DONATION IS NOT
NECESSARY.
ART. 764 SHALL APAPLY IF THERE
HAS BEEN NO AGREEMENT ON THE
AUTOMATIC REVOCATION OF SUCH
DONATION IN CASE OF NON-
FULFILLMENT OR
CONTRAVENTION OF CONDITIONS
SPECIFIED IN THE DEED OF
DONATION. THIS IS WHERE
JUDICIAL REMEDY WILL APPLY.
WHEN THE DONATION IS
REVOKED FOR FAILURE TO
COMPLY WITH THE CHARGES
IMPOSED ON THE DONATION, THE
PROPERTY DONATED SHALL BE
RETURNED.
ANY ALIENATION OR
ENCUMBRANCE MADE BY THE
DONEE WITH RESPECT TO THE
DONATED PROPERTY SHALL BE
CONSIDERED VOID, SUBJECT TO
THE RIGHTS OF THE BUYERS OR
MORTGAGEES IN GOOD FAITH.
IF REVOCATION IS DUE TO NON-
COMPLIANCE OF THE
CONDITIONS, HE FAILED TO
FULFILL THE CONDITION, THE
DONEE SHALL RETURN NOT ONLY
THE PROPERTY BUT ALSO THE
FRUITS RECEIVED AFTER HAVING
FAILED TO FULFILL THE
CONDITION.
REVOCATION BY REASON OF
INGRATITUDE UNDER THE
FOLLOWING CASES:

1. IF THE DONEE SHOULD COMMIT

SOME OFFENSE AGAINST THE
PERSON, HONOR OR PROPERTY OF
THE DONOR, OR OF HIS WIFE OR
CHILDREN UNDER HIS PARENTAL
AUTHORITY;
2. THE DONEE IMPUTES TO THE
DONOR ANY CRIMINAL OFFENSE, OR
ANY ACT INVOLVING MORAL
TURPITUDE EVEN THOUGH HE
SHOULD PROVE IT, UNLESS THE
CRIME OF THE ACTS 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.
THE ACTION FOR REVOCATION OF
DONATION BY REASON OF
INGRATITUDE PRESCRIBES WITHIN
A PERIOD OF ONE YEAR COUNTED
FROM THE TIME THAT THE DONOR
HAD KNOWLEDGE OF THE FACT AND
IT WAS POSSIBLE FOR HIM TO BRING
THE ACTION.
ART. 771. REDUCTION OF DONATION
BY REASON OF INOFFICIOUSNESS –
IF A DONATION EXCEEDS THE
FREELY DISPOSABLE PORTION OF
THE EYDONOR’S ESTATE AND THUS
IMPAIR THE LEGITIME OF THE
COMPULSORY HEIRS, THEY ARE
INOFFICIOUS AND SUBJECT TO
REDUCTION WITH REGARDS TO
THE EXCESS.
THE CIVIL CODE PROVIDES THE
FOLLOWING PRESCRIPTIVE
PERIODS OF THE ACTION FOR
REDUCTION OR REVOCATION OF
DONATIONS INTER VIVOS:

1. FOUR YEARS IN CASE OF

SUBSEQUENT BIRTH,
APPEARANCE, RECOGNITION OR
ADOPTION OF A CHILD;
2. FOUR YEARS FOR NON-
COMPLIANCE WITH CONDITIONS
OF THE DONATION;

3. ONE YEAR BY REASON OF

INGRATITUDE;
4. AT ANY TIME DURING THE
LIFETIME OF THE DONOR AND
RELATIVES ENTITLED TO
SUPPORT, FOR FAILURE OF THE
DONOR TO RESERVE PROPERTY
FOR HIS OR THEIR SUPPORT.
AN ACTION FOR REDUCTION OR
REVOCATION OF DONATION BY
REASON OF INOFFICIOUSNESS
PRESCRIBES IN 10 YEARS,
FOLLOWING ART. 1144 OF THE
CIVIL CODE. IT COMMENCES TO
RUN ONLY UPON THE DEATH OF
THE DONOR.
WHEN THE DONATION IS
REDUCED BECAUSE IT IS
INOFFICIOUS, THE DONEE SHALL
NOT RETURN THE FRUITS EXCEPT
FROM THE FILING OF THE
COMPLAINT.