Can a donation be revoked by the heirs of the donor, if the conditions therein are not complied with by the donee?
The law is clear that a donation may be revoked once the donee ignores to comply with any of the conditions set by the donor, who has four years within which to do the same. That period is to be reckoned from the time the donee fails to fulfill the conditions. This is according to Article 764of the New Civil Code of the Philippines, which states:
“Art. 764. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter.
In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Law.
This action shall prescribe after four years from the non-compliance with the condition, may be transmitted to the heirs of the donor and may be exercised against the donee’s heirs.”
Unmistakably, the right of the donor to revoke the donation may be exercised by his/her heirs, not only against the donee, but also the latter’s heirs. Be that as it may, the revocation must be done within four years as prescribed by the above-mentioned law.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org.