X and Y were in a live-in relationship for the longest time, and were already blessed with a child, Z. They finally decided to get married on March 15, 2020. When X’s parents found about the news, they were thrilled and thus, donated in favor of Z, the family heirloom, particularly, a gold ring valued at ₱250,000.00, which X and Y orally accepted on behalf of their minor child. One day, X and Y got into a serious quarrel, which resulted in them setting aside their marriage plans.
(a) Is the donation to Z valid? Explain. (3%)
(b) Assuming that the donation to Z is valid, may X’s parents revoke the donation on the ground that the marriage of X with Y did not push through? Explain. (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) No, the donation to Z is void. (b) No, X's parents cannot revoke the donation on the ground that the marriage did not push through.
Under Article 748 of the Civil Code, a donation of personal property exceeding ₱5,000.00 and its acceptance must be in writing; otherwise, it is void. Under Article 82 of the Family Code, donations propter nuptias are those made before marriage in consideration thereof and in favor of one or both future spouses.
Here, the donation of the ₱250,000.00 ring was orally accepted, rendering it void for failure to comply with statutory form. Even if valid, it is an ordinary donation inter vivos rather than propter nuptias because it was made in favor of Z, a third party, and not the prospective spouses.
Therefore, the donation is void, and the non-celebration of the marriage is not a ground to revoke an ordinary donation.
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Quick check
Under Article 748 of the Civil Code, what formal requirement must be satisfied for a donation of personal property exceeding ₱5,000.00 to be valid?
Article 748 requires both the donation and acceptance of personal property exceeding ₱5,000.00 to be in writing.
Under Article 82 of the Family Code, who must be the recipient for a donation to qualify as propter nuptias?
Donations propter nuptias are defined as those made before marriage, in consideration thereof, and in favor of one or both future spouses.
What is the legal classification of a donation made by parents to a minor child upon news of an upcoming wedding?
A donation in favor of a child is an ordinary donation inter vivos because it is not made in favor of either prospective spouse.
Under Article 86 of the Family Code, when may a donor revoke a donation on the ground that the marriage did not push through?
Non-celebration of marriage is a ground to revoke donations propter nuptias under Article 86, not ordinary donations.
Why was X's parents' oral donation of the ₱250,000.00 ring to Z legally void?
The donation was void under Article 748 because personal property exceeding ₱5,000.00 requires written donation and acceptance.
Learn more about these topics
1. Personal Property Donation
Under Article 748 of the Civil Code, a donation of movable property may be made orally or in writing. However, if the value of the personal property exceeds five thousand pesos, the donation and the acceptance must be made in writing. Otherwise, the donation is void. Oral acceptance of a donation of personal property valued in excess of five thousand pesos fails to comply with the mandatory statutory form required by law, rendering the contract of donation completely void and producing no legal effect whatsoever between the donor and the donee.
2. Donation Propter Nuptias
Under Article 82 of the Family Code, donations by reason of marriage, or donations propter nuptias, are those which are made before the celebration of the marriage, in consideration of the same, and in favor of one or both of the future spouses. A donation made in favor of a third person, such as a child or a future child of the prospective spouses, is an ordinary donation inter vivos governed by the general rules on donations under the Civil Code, rather than a donation propter nuptias governed by the Family Code.
3. Revocation Grounds Scope
Under Article 86 of the Family Code, a donation propter nuptias may be revoked by the donor if the marriage is not celebrated or if the marriage is judicially declared void. However, because a donation made in favor of a third party is an ordinary donation inter vivos rather than a donation propter nuptias, the non-celebration of the contemplated marriage is not a valid statutory ground for revocation under Article 86. Ordinary donations inter vivos can only be revoked based on specific grounds provided under Civil Code rules on donation.