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Acts of Ingratitude of the

Donee
Grounds which Constitute Ingratitude; art.
765
a. 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;
b. 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;
c. If he unduly refuses him support when the donee is legally or
morally bound to give support to the donor.
Other forms of Ingratitude:
• All crimes which affect the donor show ingratitude and are the causes
for revocation (sps. Eduarte v. CA, G.R.no. 105944, Feburuary 9, 1996)
• Falsification of deed of donation is an act of ingratitude

Notes:
• Purely PERSONAL
• EXCLUSIVE
Effect on Alienations and Mortgages If the
Donation is Revoked Because of Ingratitude; Art.
766.
• the sale was made “before” the annotation of the complaint for
revocation
• Suit for the revocation of the donation will prosper
• Sale would be valid
• Can recover the value of the property (art. 767)
• the sale was made “after” the annotation of the complaint for
revocation
• Suit for the revocation of the donation will prosper
• Can recover the property
Rule When Third Persons Have the Property, or
When It Has Been Mortgaged; Art. 767
• The article applies when:
(a) recovery cannot be had from third persons because they are
innocent;
(b) or when the property has been mortgaged.
Rule When Donee is Insolvent
• Donor will have the same rights as those possessed by a creditor over
an insolvent debtor

Effect of Loss or Deterioration


• the donee should respond with damages, because as owner, he is
supposed to bear the loss or deterioration
The Returning of Fruits; art. 768
• The fruits accruing from the time the action is filed must be returned
if the ground is
1) Birth-Adoption-Reaperance (Art. 760); OR
2) Inofficiousness of the donation because the legitime has been impaired
(Art. 771); OR
3) Ingratitude. (Art. 765).

• The fruits received after failure to fulfill the condition (or conditions)
must be returned if the ground is NON-COMPLIANCE with any of the
conditions imposed. (Art. 764).
Rule in Case of Money
• If the property donated was MONEY, fruits thereof shall be the legal
rate of interest (unless the contrary has been agreed upon).
• (Art. 2209). Poverty in this regard shall NOT be an excuse.
No Renunciation in Advance of the Action to
Revoke Because of Ingratitude; art. 769

Form of Renunciation when Proper


• expressly
• when express renunciation is made, it is believed that this must comply with
formalities of donations
• or impliedly
Prescriptive Period; art. 769
• The action to revoke because of ingratitude prescribes within one
year. The period must be counted from the time
(a) the donor knew of the fact or cause of ingratitude;
(b) provided that it was possible for him to bring the action. (Therefore, if
immediately after knowledge of the fact, he becomes unconscious for six
months, the period of six months should NOT be counted.)
• Revocation of onerous Donation
• The action for revocation prescribes in (10) ten years
Transmissibility of Right; art. 770
• General rule: No Transmissibility of Right
• Exception:
• Already instituted the action before he die
• If The donor is killed by the donee
Time of action Transmissibility Effect Liablity (fruits)

Birth, appearance, adoption

Within 4 years from the Transmitted to children and Property returned/ value (if Fruits received from the
birth, legitimation and descendants upon the death sold) redeem mortgage with filing od the complaint
adoption of donor right toe recover

Non-compliance with condition

Within 4 years from non- May be transmitted to Property returned, Fruits received after having
compliance donor's heirs and may be alienations and mortgage failed to fulfill condition
exercised against donee’s void subject to rights of returned
heir third person in good faith

Ingratitude

Within 1 year after the Generally not transmitted to Property returned, but Fruits received from the
knowledge of the fact heirs of donor/ done alienations and mortgages filing of the complaint
affected before the notation returned
of the complaint for
revocation in the registry of
property subsist
Time of action Transmissibility Effect Liablity (fruits)

Inofficiousness for being in excess of what the donor can give by will

Whitin 5 years from the Transmitted to donor’s heirs Donations takes effect on Donee entitled
death of the donor the lifetime of donor.
Reduction only upon his
death with regard to the
excess
Fraud against creditors

Recission within 4 years Transmitted to creditor’s Returned for the benefit of fruits returned/ if
from the perfection of heirs or successors-in- the creditor who brought impossible, indemnify
donation/ knowledge of the interest the action creditors for damages
donation
Failure to reserve sufficient means for support

At any time, by the donor or Not transmissible Reduced to the extent Donee entitled
relatives entitled to support necessary t provide support