My brother is already 59 years old and until now he has not married, neither does he have any child. He mentioned that he wants to donate the house and lot that he was able to purchase in the early nineties to our nephew who is turning 21 years old next month. Assuming that the donation prospers, is there a way to withdraw or retract it?
Your brother may transfer the ownership of his house and lot to your nephew by means of donation. Nevertheless, it is essential for him to execute a public document which particularly indicates the property which he intends to give, as well as the value of the charges which your nephew must satisfy, if there be any. If your nephew assents to such donation, he must expressly signify his acceptance during the lifetime of your brother, either in the same public document executed by the latter or in a separate public document (Article 749, New Civil Code of the Philippines).
Once the donation is perfected, it serves as a binding contract between them and both parties, your brother and your nephew, must comply with the conditions and stipulations stated therein.
However, the said donation may still be withdrawn or revoked if, after the donation, your brother should have legitimate, legitimated or illegitimate children, even if they be born posthumous, or your brother should subsequently adopt a minor child (Article 760 (a) and (c), Id.). In this case, the donation shall be revoked or reduced only insofar as the portion that may be freely disposed of by will (Article 761, Id.). It bears stressing, though, that the revocation or reduction must be made within four years from the birth of your brother’s first child, from the legitimation, recognition or adoption, or from the judicial declaration of filiation (Article 763, Id.).
Assuming that your brother does not father or adopt any child, the donation he executed may still be revoked if your nephew fails to comply with any of the conditions mentioned in the deed of donation. The revocation must be made within four years from such non-compliance (Article 764, Id.).
Apart from the foregoing, your brother may withdraw or revoke the donation he made if your nephew commits an offense against him, his honor or his property, or against your brother’s wife or the children under his parental authority, should he have any after the execution of the donation. Your brother may likewise revoke the donation he made in favor of your nephew if the latter imputes against him any criminal offense, or any act involving moral turpitude, even if the latter is able to prove it, unless the crime was committed against your nephew himself, his spouse or children who are under his/her parental authority. Lastly, your brother may revoke his donation if your nephew unduly refuses to give him support when he is legally or morally bound to give the same (Article 765, Id. ).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com