Chapter 2 ± Donations by Reason of Marriage 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 ³causa´ 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 donor + witnesses 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 ³NOT 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 -donee¶s 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 MARRIAGE JUDICIALLY DECLARED VOID 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 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

-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 ACTS OF INGRATITUDE 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

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