Art. 86. Cases where a donation by marriage may be revoked by the donor
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. (132a)
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;
(1) The celebration of the marriage is a condition sine qua non for the validity of a donation propter nuptias. Donation propter nuptias is a gift on account of marriage. The marriage, being the very reason for the donation, must be celebrated.
(2) The donation may either be made by one spouse in favor of the other. It may be made by a stranger.
(a) If the donation is made by a stranger, the action for revocation may be brought under the ordinary rules on prescription since the Family Code is silent about it. Hence, if the donation is in writing, it must be brought within ten (10) years under paragraph 1, Article 1144 of the New Civil Code. If oral, it must be brought within 6 years.
In the case of non-marriage, the donor has the option to revoke or maintain the donation. There is no prescriptive period within which the donor can revoke or recover the donation given. But Article 1149 of the Civil Code states that actions whose periods are not fixed in this Code or in other laws must be brought within five (5) years from the time the right of action accrues.
Thus, if the marriage is not celebrated, the right of action accrues from the moment the marriage is not solemnized on the fixed date.
But if the marriage is void, as it is contained in a marriage settlement, the period within which to declare the donation void does not prescribe.
However, if it is clear from the marriage settlement that the donation does not depend on the celebration of the marriage (thus it is not a donation propter nuptias), such donation shall remain effective provided that it complies with all the statutory requirements for a valid donation under this title.
Marriage Judicially declared void
The mere fact that a marriage is declared void by law is not enough for the donor to have the right to revoke the donation. There must first a judicial declaration that the marriage is void.
There are five (5) situations that arise depending on the reason for the nullity of the marriage.
- If subsequent marriage is void pursuant to Article 40 in relation to Article 52 and 53 because it has been contracted by a spouse of a prior void marriage before the latter is judicially declared void, the donation shall be revoked by operation of law if the donee-spouse contracted the subsequent void marriage in bad faith.
e.i. The marriage of A and B is void because of "mistake in identity." A, without obtaining a judicial declaration of nullity of his marriage with B, marries C. A know all along that without the declaration, his marriage to C is void.
Prior to the marriage, C gives A a donation propter nuptias. Upon the judicial declaration of the marriage of A and C, the donation shall be revoked by operation of law pursuant to Article 50, which provides that paragraph (3) of Article 43 shall apply in proper cases to marriages which are declared void ab initio under Article 40.
If the donee does not want to return the donated property, the donor should file an action to recover his or her right of action to file which starts from the finality of the judicial declaration of nullity as it is from that time that the right of accrues.
The prescriptive period to file an action to recover is as follows:
If it is a movable property, it shall be 8 years from the time of possession lost;
If it is a real property, it shall be 30 years deemed lost after the finality of judgment.
In case of bad faith on the part of both parties in a subsequent marriage where one previously obtained a judicial declaration of presumptive death under Article 41 to be able to remarry, Article 44 provides that such subsequent marriage is void and all donations shall be revoked by operation of law.
In all other cases where marriage has been declared void on grounds other than Article 40 in relation to Article 52 and 53, and under Article 44, Article 86 (1) shall govern, in this case, bad faith or good faith is irrelevant.
The donor, after the finality of the judicial declaration, can opt to revoke or not pursuant to Article 86 (1).
Example: (1) marriage was celebrated without a marriage license, the donation may be revoked upon finality of the judicial declaration regardless if donee was in good or bad faith.
(2) the innocent spouse was falsely made to believe that he was marrying the real spouse when in fact, it was an impostor, and gave a donation propter nuptias to said impostor. Such marriage on the ground of 'mistake of identity' [Article 35(5)] is declared void after the finality of the judicial declaration of nullity, the donor may or may not revoke the donation.
If A is validly married to B and subsequently married X while the first valid marriage is subsisting, the subsequent marriage is bigamous, and thus, all donations propter given by X to A may or may not be revoked by X after the finality of the judicial declaration of nullity of the bigamous marriage.
However, any donation propter nuptias given by A (married person) to X may be considered void if A and X were already guilty of adultery or concubinage at the time of the donation [(Article 739 (2)]. It is also void if made at the time when A and X were already living as husband and wife without a valid marriage (Article 87).
If in this case, the marriage of A and B is in itself void and no declaration of nullity has been obtained prior to the marriage of A and X is what is contemplated in Article 40, therefore the donation of X shall be revoked by operation of law upon finality of the judicial declaration of nullity of X's marriage to A.
(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. (132a)
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;
(1) The celebration of the marriage is a condition sine qua non for the validity of a donation propter nuptias. Donation propter nuptias is a gift on account of marriage. The marriage, being the very reason for the donation, must be celebrated.
(2) The donation may either be made by one spouse in favor of the other. It may be made by a stranger.
(a) If the donation is made by a stranger, the action for revocation may be brought under the ordinary rules on prescription since the Family Code is silent about it. Hence, if the donation is in writing, it must be brought within ten (10) years under paragraph 1, Article 1144 of the New Civil Code. If oral, it must be brought within 6 years.
In the case of non-marriage, the donor has the option to revoke or maintain the donation. There is no prescriptive period within which the donor can revoke or recover the donation given. But Article 1149 of the Civil Code states that actions whose periods are not fixed in this Code or in other laws must be brought within five (5) years from the time the right of action accrues.
Thus, if the marriage is not celebrated, the right of action accrues from the moment the marriage is not solemnized on the fixed date.
But if the marriage is void, as it is contained in a marriage settlement, the period within which to declare the donation void does not prescribe.
However, if it is clear from the marriage settlement that the donation does not depend on the celebration of the marriage (thus it is not a donation propter nuptias), such donation shall remain effective provided that it complies with all the statutory requirements for a valid donation under this title.
Marriage Judicially declared void
The mere fact that a marriage is declared void by law is not enough for the donor to have the right to revoke the donation. There must first a judicial declaration that the marriage is void.
There are five (5) situations that arise depending on the reason for the nullity of the marriage.
- If subsequent marriage is void pursuant to Article 40 in relation to Article 52 and 53 because it has been contracted by a spouse of a prior void marriage before the latter is judicially declared void, the donation shall be revoked by operation of law if the donee-spouse contracted the subsequent void marriage in bad faith.
e.i. The marriage of A and B is void because of "mistake in identity." A, without obtaining a judicial declaration of nullity of his marriage with B, marries C. A know all along that without the declaration, his marriage to C is void.
Prior to the marriage, C gives A a donation propter nuptias. Upon the judicial declaration of the marriage of A and C, the donation shall be revoked by operation of law pursuant to Article 50, which provides that paragraph (3) of Article 43 shall apply in proper cases to marriages which are declared void ab initio under Article 40.
If the donee does not want to return the donated property, the donor should file an action to recover his or her right of action to file which starts from the finality of the judicial declaration of nullity as it is from that time that the right of accrues.
The prescriptive period to file an action to recover is as follows:
If it is a movable property, it shall be 8 years from the time of possession lost;
If it is a real property, it shall be 30 years deemed lost after the finality of judgment.
In case of bad faith on the part of both parties in a subsequent marriage where one previously obtained a judicial declaration of presumptive death under Article 41 to be able to remarry, Article 44 provides that such subsequent marriage is void and all donations shall be revoked by operation of law.
In all other cases where marriage has been declared void on grounds other than Article 40 in relation to Article 52 and 53, and under Article 44, Article 86 (1) shall govern, in this case, bad faith or good faith is irrelevant.
The donor, after the finality of the judicial declaration, can opt to revoke or not pursuant to Article 86 (1).
Example: (1) marriage was celebrated without a marriage license, the donation may be revoked upon finality of the judicial declaration regardless if donee was in good or bad faith.
(2) the innocent spouse was falsely made to believe that he was marrying the real spouse when in fact, it was an impostor, and gave a donation propter nuptias to said impostor. Such marriage on the ground of 'mistake of identity' [Article 35(5)] is declared void after the finality of the judicial declaration of nullity, the donor may or may not revoke the donation.
If A is validly married to B and subsequently married X while the first valid marriage is subsisting, the subsequent marriage is bigamous, and thus, all donations propter given by X to A may or may not be revoked by X after the finality of the judicial declaration of nullity of the bigamous marriage.
However, any donation propter nuptias given by A (married person) to X may be considered void if A and X were already guilty of adultery or concubinage at the time of the donation [(Article 739 (2)]. It is also void if made at the time when A and X were already living as husband and wife without a valid marriage (Article 87).
If in this case, the marriage of A and B is in itself void and no declaration of nullity has been obtained prior to the marriage of A and X is what is contemplated in Article 40, therefore the donation of X shall be revoked by operation of law upon finality of the judicial declaration of nullity of X's marriage to A.
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