Christian Paul B.

Chungtuyco
LAW 1A
DONATIONS BY REASON OF
MARRIAGE
Donation
Act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another,
who accepts it. (Civil Code, Art. 725)
Donation by Reason of Marriage;
Requisites.
1. made before the celebration of the marriage
2. in consideration of marriage
3. in favor of one or both of the future spouses.
(FAMILY CODE, Art. 82)
also called Donation Propter Nuptias (DPN) to be valid,
it must be:
NOTE: Absence of any of the above essential
elements,
there is no DPN although there might be an
ordinary donation.
Illustration:
Thus, a donation of a parcel of land made in favor
of one spouse one year after marriage is not a
donation propter nuptias. (Samillano vs.
Samillano, [C.A.] 52 O.G. 4290)

Another is a donation made before the marriage, in
consideration thereof but in favor of the natural
guardians of the wife and to take effect upon the
death of the latter if she dies without children is not
a donation propter nuptias, because it is not favor of
one or both spouses. (Serrano vs. Solomon, 105
Phil. 998)

Donation Propter Nuptias Ordinary Donations
Governed by the provisions of DPN of
the Family Code
Governed by Civil Code provisions on
ordinary donations
Acceptance
Does not require express acceptance
(Art. 129 of Civil Code)
Express Acceptance is necessary
(Art. 745, New Civil Code)
Future Property
May include future property
(FAMILY CODE, Art. 84 par. 2)
Cannot include future property
(Art. 751, New Civil Code)
Limitations
If present property is donated and the
property regimes is not Absolute
Community Property, donation is
limited to 1/5 of the property. (FAMILY
CODE Art. 84)
There is no limit to donation of present
property , except that the donor shall
leave the property enough for his
support, (Art. 750, New Civil Code)
provided legitimes are not impaired.
(Art. 752, New Civil Code)
Revocation
Grounds for revocation are found in Art.
86 of the Family Code
Grounds for revocation are found in
Chapter 4, Title III, Book III of the Civil
Code
Formal Requirements of Donation
Movable Property may be made orally or in
writing. (New Civil Code, Art. 749)
Personal Property if the value exceeds P5,000,
donation and acceptance shall be made in
writing, OTHERWISE void. (New Civil Code, Art.
749 par 3)
Immovable Property must be made in a public
instrument. (New Civil Code, Art. 749)
DPN of Future Property
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 1/5 one-fifth of their
present property. Any excess shall be considered
void. (FAMILY CODE, Art. 84 par.1)
NOTE: Otherwise, if future spouses agreed to
have their property relations governed by the
rules on ACP, they can donate to each other in
their marriage settlements present property
WITHOUT limit.
Encumbrance Meaning
It covers restrictions and burdens on the property
such as mortgage, pledge, attachment, levy on
execution, right to repurchase adverse claims,
and leases.

Encumbered Property if Donated;
Effects.
If the property donated by reason of marriage is
subject to some encumbrances it shall be a valid
donation. In case of foreclosure of the
encumbrance and the property was sold for less
than the amount of the obligation secured, the
donee is not liable for the deficiency, On the other
hand if the property was sold for more than the
total amount of said obligation, the donee shall be
entitled to the excess. (FAMILY CODE, Art. 85)

Illustration:
DPN of encumbered property, the donation is
considered VALID.

In case of foreclosure:
o If property value is < obligation, donee is not
liable.
o If property value is > obligation, donee shall be
entitled to the excess.
Grounds for Revocation
Marriage not celebrated or judicially declared void
ab initio EXCEPT those made in Marriage
Settlements that do not depend on celebration of
marriage;
Marriage without parental consent;
Marriage annulled and the donee is in bad faith;
Upon legal separation, the done being the guilty
spouse;
Donation is with resolutory condition and the
condition was complied and;
Donee commits acts of ingratitude as specified by
Art. 765 of Civil Code. (FAMILY CODE, Art. 86)

Donation between Spouses during
Marriage
General Rule: Void, by either direct or indirect
donation
Exception: Moderate gifts on occasions of
family celebrations. (FAMILY CODE, Art. 87)
NOTE: Prohibition applies to common-law
spouses.
Jurisprudence

The donation between common-law spouses falls
within the provision prohibiting donations between
spouses during marriage. (Matabuena vs.
Cervantes, 1971)

The donation made by a man to a woman was
held VALID because of there is no proof shown
that they are still living in a common-law
relationship at the time of the donation