Study Guide REVOCATION REDUCTION OF DONATION

WHAT ARE THE GROUNDS FOR REDUCTION & REVOCATION OF DONATION INTER VIVOS?
1. If donation prejudiced creditors (Art. 759)

2. If donee fails to comply with the conditions (resolutory) of the donation (Art. 764)
3. If the donee acted with ingratitude (Art. 765)
4. If donation impairs the support for the donor or his relatives (Art. 750)
5. If donation is inofficious ; two kinds of inofficious donation --
 Articles 760, 761 - Protection of PRESUMPTIVE LEGITIME
* Art. 760 - In cases of birth, adoption, reappearance of the child
 Articles 771, 752 - Protection of ACTUAL LEGITIME
1. DONATION IS IN FRAUD OF CREDITORS (Article 759)

a) Who can file for accion pauliana or rescission of donation made in fraud of creditor/s?
b) What is the prescriptive period to file such action?
c) What is the gen. rule and exception re obligation of Donee, if any, to pay the debts of
donor?
d) Remedy of Creditor - Read : Art. 1381 (3) ; Art. 1387 and Art. 1389
2. DONEE FAILS TO COMPLY WITH CONDITIONS OF DONATION (Article764)

a) Who can file an action for revocation of donation for failure of donee to comply with the
conditions of the donation?
b) What is the prescriptive period to file the action for revocation and recovery of the property donated?
c) Would the 4-year prescriptive period in Art. 764 also applicable to onerous donations?
Study well: De Luna v. Abrigo, LUFI, G.R. No. L-57455 January 18, 1990;
Roman Catholic Archbishop of Manila et al v. CA, G.R. No. 77425, June 19, 1991
d) Is reduction of the donation applicable in this case?

e) What is the legal effect or consequence as to the property donated and now sued for
revocation and recovery?
f) Read the cases :
I.Nagrampa v. Nagrampa, L-15434, Oct. 31, 1960
II.Ongsiako v. Ongsiako, L-7510, Mar. 30, 1957
3. DONEE ACTED WITH INGRATITUDE (Article 765)

a) Study how the acts of ingratitude in pars. 1-3 in Art. 765 are interpreted and applied as
bases for revocation of donation.
b) Is the fact that acts of ingratitude in pars. 1-3 in Art. 765 were committed automatically
give rise to the revocation of the donation?
c) Who can file the action for revocation?
d) What is the prescriptive period for filing the action and counted from when?
1
e) Can Donor renounce in advance his right to revoke in the same deed of donation?
(Art. 769)
f) What is the form and requisites for a proper renunciation by donor? id.
g) Can the right of donor to revoke due to acts of ingratitude be transmitted to heirs?
(Art. 770)
h) Read the related provisions of Arts. 766 and 767 re Legal effects or consequences if
property donated [and now subject of revocation due to ingratitude by donee], has
been alienated or transferred to others or third persons.
4. INSUFFICIENT PROPERTY LEFT TO SUPPORT DONOR OR HIS RELATIVES

ENTITLED TO SUPPORT (Article 750)
a) When can donation be reduced or revoked based on this ground?
b) How much donation can be reduced or revoked?
c) Who can petition for revocation or reduction?
d) Can creditors before or after donation, file for reduction or revocation?
5. DONATION IS INOFFICIOUS
 Two Kinds of Donation deemed Inofficious as it Impairs the Legitime of Compulsory Heirs:
i. Articles 760, 761 – Protection of PRESUMPTIVE LEGITIME
o Donor has no child at the time he made the donation, or thought he had no more
o Reduction or revocation of donation inter vivos --
- May be asked by the Donor but right may be transmitted to his child and
descendant (not ascendant or surviving spouse)
- May be made during lifetime of donor
- May be brought by donor within four (4) years from birth, adoption, re-appearance
of child thought to be dead
o Which donation will be first reduced or revoked in case of several or multiple

donations in case the free or disposable portion is not sufficient to cover them.
o Study how to compute, i.e. how much to reduce or revoke in certain cases.
- Collate (donations + money/estate left). Compute the LEGITIME (1/2 of estate)
and
FREE PORTION (1/2 of estate, or whatever is left after the legitime is satisfied).
Then, you come up with how much of the donations given will be reduced or
revoked.
o Study the examples in your book demonstrating how to come up with how much to
reduce from the donations given, and which donation will first be reduced or revoked.
2
ii. Articles 771, 752 - Protection of ACTUAL LEGITIME
o Donor has at least 1 child at the time he made the donation
o Reduction or revocation of donation inter vivos –
- May be asked only by compulsory heirs of the donor (descendant, ascendant,
spouse)
- May be made only upon death of donor
- May be brought by the heir/s within ten (10) years from death of donor.
o Study how to compute: how much to reduce or revoke in certain cases.
o Study the examples in your book demonstrating how to come up with how much to
reduce from the donations given, and which donation will first be reduced or revoked.
o Which donation will be first reduced or revoked if there are several or multiple
donations in case the free or disposable portion is not sufficient to cover them.
o READ & STUDY CASES :

1. Mateo v. Lagua, L-26270, 30 Oct. 1969
2. Imperial v. CA, GR No. 112483, 8 Oct 1999 – note the prescriptive period in this case
3. Santos v. Alana G.R. No. 154942 August 16, 2005
o STUDY the annotations & cases in your textbooks. We will have a closed book
oral exam next meeting.

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WHAT ARE THE GROUNDS FOR REDUCTION & REVOCATION OF DONATION INTER VIVOS?

1. If donation prejudiced creditors (Art. 759)

1. DONATION IS IN FRAUD OF CREDITORS (Article 759)

2. DONEE FAILS TO COMPLY WITH CONDITIONS OF DONATION (Article764)

d) Is reduction of the donation applicable in this case?

3. DONEE ACTED WITH INGRATITUDE (Article 765)

4. INSUFFICIENT PROPERTY LEFT TO SUPPORT DONOR OR HIS RELATIVES

o Which donation will be first reduced or revoked in case of several or multiple

o READ & STUDY CASES :

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