Donations by Reason of Marriage (Art.

82- 87)
What are donations by reason of marriage?
Donations by reason of marriage or donation propter nuptias, as stated in Article 82, are those which
are made before its celebration, in consideration of the same, and in favor of one or both of the future
spouses. Donations propter nuptias are without onerous consideration, the marriage being merely the
occasion or motive for the donation, not its causa.
Being liberalities, they remain subject to reduction for inofficiousness upon the donor's death, if they
should infringe the legitime of a forced heir. (Mateo v. Lagua, 29 SCRA 864)

What are the requisites of donation propter nuptias?

As stated in Article 82 of the Family Code, these are the requisites of donation propter nuptias: (BOC)
It must be made before the celebration of the marriage
It must be in consideration of the marriage
Must be in favor of one or both of the spouses
The donor must be one of the betrothed (fiance) or any third person

What are the rules in case of donation on one of the would be spouses:

There must be a valid marriage settlement stipulating a property regime other than the absolute
community of property.
Donation in marriage settlement must not be more than one-fifth of the present property. However,
limitation does not apply if donation propter nuptias is not included in the marriage settlement BUT
contained in a separate deed; general rules on donation apply subject to limitation that no person may
give/ receive by way of donation more than he may give/ receive by will.
It must be accepted by would be spouse.
It must comply with the requisites in Title II of Book II of the Civil Code on Donations.

Note: For donation of present property to be valid, the rules governing ordinary donations under Title III
of Book III of the Civil Code must be observed.


Who may validly donate in donation propter nuptias?

Spouses to each other
Parents of one or both spouses
Third persons to either or both spouses
In donation propter nuptias, the marriage is a consideration but not in the sense of giving birth to the
obligation. There can be a valid donation even if the marriage never took place. However, the absence
of marriage is a ground for the revocation of the donation. (Solis v. Barroso, 1928).

What are the rules to follow in donation propter nuptias?

The provisions of the Family Code (Art. 82- 87)
Ordinary Donation provisions (Art. 83, FC. Title III of Book III of the NCC)
Provisions of the testamentary succession and the formalities of wills for donations on future property
(Art. 84, par. 2)

What are the differences between a donation propter nuptia and an ordinary donation?


Donation Propter Nuptias
Ordinary Donations

When it comes to formalities, it is governed by the rules on ordinary donations except that if future
property is donated, it must conform with the formalities of wills.


When it comes to formalities, it is governed by the rules on donations (Articles 725- 773, NCC)

For present properties, it may be donated by only up to 1/5 of the donors present property if the
spouses agree on a regime OTHER THAN the absolute community of property regime.


For present properties, there is NO limit, except that the donor shall leave the property enough for his
support.

Future properties may be included, provided that the donation is mortis causa.


Future properties cannot be included.

As to express acceptance, donation propter nuptias does not require express acceptance.


Express acceptance is necessary.

As to the age of validity, it may be made by minors. (Art. 78)


Cannot be made by minors.

Grounds for revocation would be Article 86 of the Family Code


Grounds for revocation would be in donation laws.
What are the rules on donation propter nuptias BEFORE and DURING the marriage?

Before Marriage
During Marriage

General rule: If future spouses agree on a regime OTHER THAN the absolute community of property,
they cannot donate to each other more than 1/5 of their present property. Excess shall be considered
void.

Exception: If they are governed by the absolute community of property, which is considered useless
because spouses becomes co-owners of all properties they bring into the marriage and acquired during
marriage.


Spouses cannot donate to each other, directly or indirectly. Donations made by spouses to each other
during marriage are void. (Art. 87 of the Family Code).

Exception: Moderate gifts on the occasion of family rejoicing.

Jurisprudence:

Matabuena v. Cervantes, 1971.
The donation between common- law spouses falls within the provision prohibiting donations between
spouses during marriage.

Harding v. Commercial Union, 1918.
The prohibition on donations can only be assailed by persons who bear such relation to the parties or
the property itself, that their rights are being interfered with. Here, the insurance company of the
donated car cannot assail the validity of the donation. In addition, the codal exception of moderate
gifts depends on the income class of the spouses and a car could be considered a moderate gift that
does not infringe the prohibition on donation between spouses.

Sumbad v. CA, 1999.
The donation made by a man to a woman was held valid because no proof was shown that they are still
living in a common-law relationship at the time of the donation.


What is the rationale behind the prohibition of donation proper nuptias between spouses during
marriage?

To protect unsecured creditors from being defrauded;
To prevent the stronger spouse from imposing upon the weaker one the transfer of the latter's property
to the former;
To prevent indirect modification of the marriage settlement.

Does the law allow donation propter nuptia of future property?

Donation propter nuptia of future property is allowed by way of exception to Article 751 of the New Civil
Code which provides that donations cannot comprehend future property. It is however governed by law
on testamentary succession both as to intrinsic and extrinsic validity, but said donation propter nuptias
cannot be revoked at the will of the donor but only on the basis of Article 86 of the Family Code.

What does the law say on donation propter nuptia of encumbered property?

In donation propter nuptia of encumbered property, the donation is valid because the donor is still the
owner, even if it is encumbered. If mortgage is foreclosed and sold at a lesser price, the donee is not
liable for deficiency but if sold more, the donee is entitled to the excess. (Art. 85.)
Illustration:
Considered valid
In case of foreclosure:
if property value < obligation, donee is not liable.
if property value > obligation, donee shall be entitiled to the excess.

What are the grounds for revocation on donation propter nuptias?

Marriage not celebrated or declared void ab initio except those made in marriage settlement that do not
depend on the celebraiton of the marriage. (If made by a stranger, action for revocation may be brought
under ordinary rules on prescription: if in writing, brought within 10 years and if oral, within 6 years.)
Marriage without parental consent.
Marriage is annulled and the donee is n bad faith.
Upon legal separation, the donee being the guilty spouse.
Complied with resolutory condition.
Donee commits acts of ingratitude as specified by Art. 765 of the New Civil Code.


What are the acts of ingratitude as stated in Article 86, par. 6?

If the donee should commit some offense against the person, the honor or property of the donor, or of
his wife or children under his parental authority;
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;
If he unduly refuses him to support when the donee is legally or morally bound to give support to the
donor.