Donations

1. Donations by marriage governed by the rules on ordinary donations.

a. The done must accept the donation personally, or thru SPA or GPA
b. The acceptance must be made during the lifetime of the donor and the done
c. Movable property may be made orally or in writing. If more than 5K, donation and acceptance should be in writing
d. Immovable property must be made in a public document. Acceptance may be made in the same deed of donation or ina separate public
document. Must be done during the lifetime of the donor.
2. If the spouses agree upon a regime other than the ACP, they cannot donate to each other in their marriage settlements more than 1/5 of their present
property. Any excess shall be considered void.
3. Donations of future property governed by rules on testamentary provisions and the formalities of will.
a. Must be entirely handwritten and signed by the donor
b. If not handwritten, subscribed at the end by the donor or written by some other person in his presence, and attested and subscribed by 3 or
more witnesses in the presence of the donor and of one another
4. Donations propter nuptias are without onerous consideration. The marriage is merely the motive of the donation, and not its causa.
5. Donation must be made prior to the celebration of the marriage.
6. Donations which are excluded are:
a. Made in favour of the spouses after the celebration of marriage
b. Executed in favour of the spouses but not in consideration of the marriage
c. Granted to persons other than the spouses even though founded on the marriage
7. Donation PN can be contained in a marriage settlement.
8. Donation between future spouses:
a. Useless if the property regime that will govern is APC
b. Requisites to have a valid donation PN:
-there must be a valid marriage settlement
-the marriage settlement must stipulate a property regime other than the APC
-the donation contained in the marriage settlement must not be more than 1/5 of his present property
-the donation must be accepted by the other spouse
-must comply with Title III Book III of NCC
9. If the donation PN is not made in marriage settlement, useless because APC will automatically govern.
10. If the regime is other than APC, and the donation is done not in the marriage settlement, the 1/5 rule is not applicable. Instead, the ordinary rules for
donation will apply. Provided further that he reserves sufficient means for the support of himself and all relatives (legitimes).
11. Donations with encumbrance:
a. If foreclosed, the donee shall not be liable for any deficiency
b. If there is excess, the excess shall go to the donee
12. Donation by reason of marriage may be revoked by the following:
a. Marriage is not celebrated or judicially declared void ab initio (except Article 81)
-donation PN made in marriage settlement and the marriage does not take place, void
-FC does not provide for prescriptive period (however, NCC is 5 years if no period is provided)
-the right to revoke accrues from the from the moment is not solemnized on the fixed date

-there must be a judicial declaration that the marriage is void

-But take note of the following:
>if subsequent marriage is void according to Art 40 in relation to Art 52 and 53, donation is revoked by operation of law if subsequent
marriage is contracted in bad faith (right to recover property accrues from the finality of the judicial declaration of nullity if movable, 8 years; if
immovable, 30 years)
>if subsequent marriage is void and both are in bad faith (Art 41), revoked by operation of law
>if subsequent marriage does not fall in the preceding two, Art 81 will govern. That is, good faith or bad faith is irrelevant. Donor shall
have the option to revoke upon the declaration of nullity
>if A is validly married to B and A marries X while the previous marriage is subsisting, the subsequent marriage is bigamous. Donations
made by X to A may or may not be revoked by X. Donations made by A to X are void.

b. Marriage takes place without the consent of the parents or guardians

c. When marriage is annulled, and the donee acted in bad faith
d. Upon legal separation, the donee being the guilty spouse
>if the ground if adultery, void.
e. If it is with resolutory condition and the condition is not complied with
f. The donee acted committed an act of ingratitude
13. Void donations donations made by persons guilty of adultery
14. VOID donations made between spouses during marriage. Also those made between persons living as husband and wife without the benefit of a
marriage.
-Article 87 includes donations made by a spouse to
>a stepchild who has no compulsory and/or legal heirs, such as his/her children, other than the other spouse at the time of donation
>to a common child who has no compulsory and/or legal heirs other than the other spouse at the time of donation
>to the parents of the other spouse
>to the other spouses adopted child who has no compulsory and/or heirs or, in cases when, at the time of the donation, the o nly surviving
relative of the adopted is the other spouse (parent of the adopted)
>to a common adopted child who has no other compulsory and/or legal heirs