Simple misunderstanding not ground for revocation of donation

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Persida Acosta

Dear PAO,
I am an OFW who had worked in the Middle East. When I came home, my mother and I were in good terms because I always gave her money whenever she needed it. Because of this, she donated to me 60 square meters of land where I built a small house. Since most of my earnings were spent on this property, I could no longer give her money whenever she would ask or would like to obtain a loan from me. This resulted in a misunderstanding between us until one time, she said she would like to revoke the donation she made in my favor. I am worried that she would pursue her plan to revoke the donation. Please advise me on this matter.
Arlene

Dear Arlene,
Pursuant to Article 725 of the New Civil Code of the Philippines, donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.

Correlative thereto is Article 764 of the same code that states: “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. Xxx xxx xxx.”

The other ground for revocation of donation is provided under Article 765 of the code that states: “The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:


“(1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;

(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority;

(3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.”
In your situation, it appears that the donation made in your favor has no conditions imposed; hence, the only ground available for your mother in order to revoke the donation is ingratitude. A simple misunderstanding with your mother is not equivalent to ingratitude or not one of the grounds mentioned in the immediate preceding paragraph as a ground for revocation of donation.

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 dearpao@manilatimes.net

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