Republika ng Pilipinas

LALAWIGAN NG NUEVA ECIJA

Lungsod ng Palayan
- o oOo o -

TANGGAPAN NG PANLALAWIGANG PAMBATAS

(Provincial Legal Office)

Legal Opinion No. __________

IN RE: Legal Opinion on whether the non-operation of the Lying-in clinic

10 years from its construction nullifies the Deed of Donation

LEGAL OPINION

Donation as a mode of acquiring ownership, results in an effective transfer

of ownership/title over the property from the donor to the donee. Once the
donation is accepted, the donee becomes the absolute owner of the property
donated. Although the donor may impose certain conditions in the deed of
donation, the same is valid, complete and subsisting provided that the conditions
set were not contrary to law, morals, public policy, good customs and public
order.

Donations, according to its purpose or cause, may be categorized as: (1)

pure or simple; (2) remuneratory or compensatory; (3) conditional or modal; and
(4) onerous. A pure or simple donation is one where the underlying cause is plain
gratuity. This is donation in its truest form. On the other hand, a remuneratory or
compensatory donation is one made for the purpose of rewarding the donee for
past services, which services do not amount to a demandable debt. A conditional
or modal donation is one where the donation is 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.
Finally, an onerous donation is that which imposes upon the donee a reciprocal
obligation or, to be more precise, this is the kind of donation made for a valuable
consideration, the cost of which is equal to or more than the thing donated.

The donation involved in the present controversy is onerous since there is

a burden imposed upon the donee to build a Lying-in on the donated 292 sqm
property. The period on when this obligation shall be complied with by the
donee, however, is wanting on the executed Deed of Donation.

As stated in your letter, the condition is complied with by the donee when
it constructed the said lying-in within the year after the execution of the deed.

Assuming, however, that the donation imposed two obligations: that is,
establishment of a lying-in, and second management of its operation, the donee’s
failure to comply with the second obligation does not ipso facto result to the

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revocation of the said donation. A period must be fixed first by the Court to
determine any delay in the performance of the donee’s obligation.

Article 1197 of the New Civil Code provides that if the obligation does not
fix a period, but from its nature and circumstances it can be inferred that a period
was intended, the courts may fix the duration thereof.

Because of the failure of the Deed of Donation to specify the period within
which to comply with the condition (2 nd assumed condition), and absence of
Court’s determination of such period, there can be no delay in asserting your
right against the Municipal Government of Sto. Domingo, Nueva Ecija—its non-
operation did not nullify the Deed of Donation.

ATTY. ELIJAH B. BACTOL

Attorney II

Noted by:

ATTY. RICARDO R.ATAYDE, JR.

Provincial Legal Officer

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