JUANZON, CARMELITA B.

JD II 2
PROPERTY
FISCAL QUERUBEN GARCIA

I. CO-OWNERSHIP
1. Requisites of Co-Ownership
In order that co-ownership may exist the following
requisites must concur:
a) Plurality of subjects;
b) Unity of object;
c) Recognition of ideal share or intellectual shares of
the co-owners which determine their rights and
obligations.
2. How to determine share of co-owners in the benefits
and charges arising from the co-ownership
As provided in Art. 485 of the Civil Code, The share
of the co-owners, in the benefits as well as in the
charges, arising from the co-ownership shall be
proportional to their respective interest, and any
stipulation in a contract to the contrary shall be void.
Consequently, in order to determine the share of the
co-owners in the benefits and charges, the respective
interests in the co-ownership must be first
determined.
Under the law, such interests are
presumed equal, unless the contrary is proved.
3. Limitations upon right to use the thing owned in a
co-ownership

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Although each co-owner is the owner of the whole

thing prior to partition and may make use of the
entire thing, such use is, however, subject to the
following limitations:
1. Such use must be in accordance with the purpose
for which the thing is intended;
2. Such use must be without prejudice to the rights of
the other co-owners; and
3. Such use must not be in a manner as to prevent
the other co-owners from using the thing according
to their own rights (Art. 486, Civil Code).
4. Rules when different stories of a house belong to
different owners and titles of ownership is silent/no
agreement as to terms on contribution to necessary
expenses
Art. 490 of the Civil Code explicitly states that in a
situation where the different stories of a house belong
to different owners, the payment of necessary
expenses shall be governed by the following rules: 1) if
the manner of contribution is specified in the title of
ownership, the same shall govern; 2) in the absence
of such provision in the title of ownership, the
agreement of the parties shall control; or 3) in the
absence of such agreement, the following rules shall
be observed:
1. The main and party walls, the roof and the other
things used in common, shall be preserved at the
expense of all the owners in proportion to the value
of the story belonging to each;

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2. Each owner shall bear the cost of maintaining the

floor of his story; the floor of the entrance, front
door, common yard and sanitary works common to
all, shall be maintained at the expense of all the
owners pro rata;
3. The stairs from the entrance to the first story shall
be maintained at the expense of all the owners pro
rata, with the exception of the owner of the ground
floor; the stairs from the first to the second story
shall be preserved at the expense of all, except the
owner of the ground floor and the owners of the
first story; and so on successively.
5. Acts of preservation, administration, alteration
With respect to acts of administration and better
enjoyment of the thing owned in common, the
resolution of the majority of the co-owners shall be
sufficient. Under the law on co-ownership, the terms
majority of the co-owners do not refer to numerical
majority but to majority of interest. The law provides
that there shall be no majority unless the resolution
is approved by the co-owners who represent the
controlling interest in the object of the co-ownership.
Art. 488 of the Civil Code provides that a co-owner
has the right to compel the others to share in the
expenses of preservation of the thing owned in
common, as well as the taxes. A co-owner may
exempt himself from this duty to reimburse by
renouncing so much of his undivided share as may be
equivalent to his share of the expenses and taxes.
Art. 489 of the Civil Code provides that repairs for
preservation of the thing owned in common may be

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made at the will of only one of the co-owners,

provided that he must, if practicable, first notify his
co-owners of the necessity for such repairs. Hence,
the resolution of the majority of the co-owners is not
necessary. The act of repairing the thing owned in
common for the purpose of preserving it is not
considered, therefore, as an act of administration. On
the other hand, expenses to improve or embellish the
thing shall be decided upon by a majority as
determined in Art. 492.
Hence, an act of
administration refers to the improvement or
embellishment of the thing owned in common for the
purpose of better enjoyment.
As regards alteration of the thing owned in common,
Art. 491 of the Civil Code prohibits the making of
alterations on the thing owned in common without
the consent of the other co-owners. In other words,
the law requires the consent of all co-owners to the
making of the alteration on the thing owned in
common. This rule shall apply even though benefits
for all would result from such act of alteration. In
case, however, any of the co-owners should
unreasonably withholds his consent and the same is
clearly prejudicial to the common interest, the other
co-owners may go to court for appropriate relief.
6. How is majority determined?
As stated in Art. 492, par. 2, of the Civil Code, to
constitute a majority, the resolution must be approved
by the co-owners who represent the controlling
interest in the object of the community proper.

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Should there be no majority, or should the resolution

of the majority be seriously prejudicial to those
interested in the property owned in common, the
Court, at the instance of an interested party, shall
order such measures as it may deem proper,
including the appointment of an administrator.
7. Termination/extinguishment of co-ownership
Co-ownership may be terminated or extinguished by
the following:
1. Judicial or Extrajudicial partition of the property
owned in common;
2. Prescription in favor of a third person or a coowner;
3. Merger or consolidation in one of the co-owners of
all the shares of the other co-owners;
4. Loss or destruction of the thing or right owned in
common
5. Expropriation

II. POSSESSION
1. Requisites of possession
The requisites of possession are as follows:
1. The corpus or holding or material detention or
enjoyment of a thing or right;
2. The animus possidendi or intent to possess the
thing or right.

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2. Degrees of possession; Classes of possession

The degrees of possession are as follows:
1. Possession without any title whatsoever in violation
of the right of the true owner, such as that of a
thief;
2. Possession with a juridical title but not in the
concept of owner, such as that of a lessee,
depositary, or pledgee;
3. Possession with a just title; or a title sufficient to
transfer ownership, but not from the true owner, as
that of a buyer in good faith; and
4. Possession with a just title from the true owner.
This is the possession that springs from
ownership.
Meanwhile, there are three classes of possession, to
wit:
1. In ones own name or in that of another;
2. In the concept of owner and in the concept of
holder.
3. In good faith (bona fide) or in bad faith (mala fide).
3. Possession in good faith; bad faith, requisites
A possessor in good faith is one who is not aware that
there exists in his title or mode of acquisition any flaw
or defect which invalidates it, while a possessor in
bad faith is one who is aware that there exists in his
title or mode of acquisition some flaw or defect which
invalidates it (Art. 526, Civil Code).
The requisites of good faith are as follows:

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1. The possessor should have acquired the thing

through some title or by some mode of acquisition
recognized by law;
2. There must be a flaw or defect in such title or mode
of acquisition; and
3. The possessor should not be aware of such flaw or
defect.
On the other hand, possession in bad faith has the
following requisites:
1. The possessor should have acquired the thing
through some title or by some mode of acquisition
recognized by law;
2. There must be a flaw or defect in such title or mode
of acquisition; and
3. The possessor should be aware of such flaw or
defect.
4. Possession how acquired; lost
As provided in Art. 531 of the Civil Code, possession
is acquired:
1. By material occupation of a thing or the exercise of
a right;
2. By subjecting the thing or right to the action of our
will; and
3. By the proper acts and legal formalities established
for the acquisition of such right.
On the other hand, Art. 555 of the Civil Code
enumerates may possession be lost, to wit:
1. By the abandonment of the thing;
2. By an assignment made to another either by
onerous or gratuitous title;

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3. By the destruction or total loss of the thing, or

because it goes out of commerce;
4. By the possession of another, subject to the
provisions of Art. 537, if the new possession has
lasted longer than one year. But the real right of
possession is not lost till after the lapse of ten
years; or
5. By the recovery of the thing by the legitimate
owner.
4. Rules on preference in case of conflict between
possessors
In case of conflict involving the question of possession
as a fact, the following rules of preference shall
govern:
1. The present possessor shall be preferred;
2. If there are two possessors, the one longer in
possession is preferred;
3. If the dates of possession are the same, the one
who presents a title is preferred;
4. If all the foregoing conditions are equal, the thing
shall be placed in judicial deposit pending
determination of its possession or ownership
through proper proceedings.
5. Remedies of possessor in order to protect his
possession
The remedies which are available to a possessor in
order to protect his possession are:
1. With regard to immovable property:

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a) Action for forcible entry and unlawful detainer,

which is an action to recover the material
possession of the property, and which must be
instituted within one year from the time the
cause of action accrues in the proper municipal
or justice of the peace court. In addition to the
action for forcible entry, the plaintiff may within
ten (10) days from the filing of the complaint
present a motion to secure from the court a Writ
of Preliminary Mandatory Injunction to restore
him in his possession. The court shall decide
the motion within thirty (30) days from the filing
thereof. This accessory remedy is also available
either in an action for forcible entry or in an
action for unlawful detainer where an appeal is
taken, if the higher court is satisfied that the
appeal is frivolous or dilatory. The period of ten
days shall be counted from the time the appeal
is perfected.
b) Accion Publiciana, which is a plenary action to
recover the possession of the property, and
which must be instituted in the proper Court of
First Instance (RTC) within ten (10) years after
the possession has been lost.
c) Accion Reivindicatoria which is an action to
recover the possession of the property based on
ownership, and which must be instituted in the
proper Court of First Instance (RTC) within ten
(10) or thirty (30), as the case may be, after the
owner has been deprived of his property.
2. With regard to movable property:

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An action for replevin, which is an action for the

manual delivery of personal property.
3. Outline effects of possession in good faith/bad
faith
Art. 544 and 549 as to fruits already received
Good Faith
Bad Faith
Entitled to fruits received Reimburse fruits received
while his possession is still or
in good faith

which

possessor

legitimate
could

have

received, subject to Art.

443

Art. 545 as to pending fruits

Good Faith
Bad Faith
Liable for expenses of No right whatsoever
cultivation and shall share
in

net

harvest

in

proportion to the time of

their possession
Art. 546 as to necessary expenses
Good Faith
Bad Faith
Right of reimbursement Right of reimbursement
and

retention

reimbursed

until only

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Art. 546 and 547 as to useful expenses

Good Faith
Bad Faith
Right of reimbursement No right whatsoever
with right of retention until
reimbursed

and

limited

right of removal
Art. 548-549 as to expenses for pure luxury or
mere pleasure
Good Faith
Bad Faith
No right of refund or Limited right of removal
retention, but with right of
limited removal
Art. 552 as to loss and deterioration
Good Faith
Bad Faith
No liability, unless due to Always liable, whether due
his fault or negligence after to his fault or negligence or
he had become possessor due to a fortuitous event
in bad faith
4. Necessary
expenses;
useful
expenses;
ornamental/purely luxury expenses
Necessary expenses are those expenses made for the
preservation of the thing or those without which the
thing would deteriorate or lost. Whether in good faith
or in bad faith, a possessor is entitled to the refund of
necessary expenses incurred by him. In addition, a
possessor in good faith is also entitled to retain the

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thing until he has been reimbursed therefore. Note

that this right of retention in relation to necessary
expenses is available only to a possessor in good faith.
A possessor in bad faith has no right of retention.
Useful expenses are those incurred to give greater
utility or productivity to the property. It increases the
value of the thing and result in improvements. Only
the possessor in good faith is entitled to the refund of
useful expenses. Stated otherwise, a possessor in
bad faith is not entitled to the refund of useful
expenses.
Until the possessor in good faith is
reimbursed the useful expenses, he also enjoys the
right to retain the property. The possessor in good
faith may, in lieu of reimbursement for the useful
expenses, remove the useful improvement but subject
to compliance with the following requisites:
1. The removal can be done without damage to
principal thing;
2. The owner does not choose to appropriate the
improvements.
Ornamental or expenses for pure luxury are those
which do not increase the productiveness of the thing
but merely embellish the same. Whether in good faith
or in bad faith, a possessor is not entitled to a refund
of the expenses incurred by him for pure luxury or
mere pleasure. Both, however, has a right of removal
of the ornaments with which they embellished the
principal thing provided that such principal will
suffer no injury.
III.

USUFRUCT

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1. Requisites of Usufruct
The requisites of usufruct are:
1. It must be a real right over anothers property;
2. Which is of a temporary nature or duration;
3. For the purpose of enjoying the benefits and derive
all advantages from the object as a consequence of
normal use and exploitation.
2. How constituted
As provided in Art. 563 of the Civil Code, Usufruct is
constituted by law, by the will of private persons
expressed in acts inter vivos or in a last will and
testament, and by prescription.
3. Abnormal usufructs
Abnormal or imperfect or irregular usufructs are
those where the usufructuary does not have the
obligation of preserving the form and substance of the
property which is the object of the usufruct. Thus,
according to the following articles:
Whenever the usufruct includes things which,
without being consumed, gradually deteriorate
through wear and tear, the usufructuary shall have
the right to make use thereof in accordance with the
purpose for which they are intended and shall not be
obliged to return them at the termination of the
usufruct except in their condition at that time; but he
shall be obliged to indemnify the owner for any
deterioration they may have suffered by reason of his
fraud or negligence (Art. 573, New Civil Code).

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Whenever the usufruct includes the things

which cannot be used without being consumed, the
usufructuary shall have the right to make use of
them under the obligation of paying their appraised
value at the termination of the usufruct if they were
appraised when delivered. In case they were not
appraised, he shall have the right to return the same
quantity and quality, or their usufruct price at the
time the usufruct ceases (Art. 574, New Civil Code).
4. Obligations of usufructuary
In general, the obligations of the usufructuary may be
grouped into three different stages: (1) those required
at the commencement of the usufruct; (2) those
required during the life of the usufruct; and (3) those
required at the termination of the usufruct.
1. Those required at the commencement of the
usufruct
a. To make an inventory of all the property covered
by the right of usufruct; and
b. To give security or bond.
2. Those required during the life of the usufruct
a. To take care of the property as a good father of a
family;
b. To make the ordinary repairs on the property
held in usufruct;
c. Pay the annual charges and taxes which are
imposed on the fruits of the property held in
usufruct;
d. Notify the owner of the need or urgent
extraordinary repairs;

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e. Pay the expenses, costs and liabilities for suits

involving the usufruct; and
f. Notify the owner of any act of a third person that
may be prejudicial to the rights of the owner.
3. Those required at the termination of the usufruct
a. Pay the sums that may have been advanced by
the usufructuary for payment of taxes which are
imposed directly on the capital; and
b. Pay for the increase in the value which the
immovable
acquired
by
reason
of
the
extraordinary
repairs
paid
for
by
the
usufructuary.
5. When usufructuary is excused from putting up bond
There are four (4) instances when the usufructuary is
excused from putting up bond or security. They are:
1. When no one will be injured by the lack of a bond
or security (Art. 585);
2. When the donor has reserved the usufruct of the
property donated (Art. 584);
3. In the case of parents who are usufructuaries of
their unemancipated childrens property, except
when the parents contract a second marriage; and
4. In the case of usufructs subject to caucion juratoria
under Art. 587 of the New Civil Code.
6. Modes of extinguishing usufruct
As provided in Art. 603 of the Civil Code, usufruct is
extinguished:

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1. By the death of the usufructuary, unless a

contrary intention clearly appears;
2. By the expiration of the period for which it was
constituted, or by the fulfilment of any resolutory
condition provided in the title creating the
usufruct;
3. By merger of the usufruct and ownership in the
same person;
4. By renunciation of the usufructuary;
5. By the total loss of the thing in usufruct;
6. By the termination of the right of the person
constituting the usufruct;
7. By prescription.
IV.

NUISANCE

1. Classification of nuisance; distinctions; remedies

Art. 695 of the Civil Code enumerates the different
classifications of nuisances, to wit:
1. Old classification
a. Nuisance per se always a nuisance
b. Nuisance per accidens a nuisance only because
of circumstances, location or surroundings.
2. New classification
a. According to relief (whether given or not)
Actionable;
Non-actionable
b. According to manner of relief
Those abatable by criminal and civil actions
Those abatable only by civil actions
Those abatable judicially

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Those abatable extrajudicially

3. According to the Civil Code
a. Public affects a community or neighbourhood
or any considerable number of persons
b. Private affects only a person or small number
of persons.
2. Requisites for private individual to summarily abate
a nuisance
Art. 704 of the Civil Code enumerates the requisites
for a private individual to summarily abate a public
nuisance, to wit:
1. That demand be first made upon the owner or
possessor of the property to abate the nuisance;
2. That such demand has been rejected;
3. That the abatement be approved by the district
health officer and executed with the assistance of
the local police; and
4. That the value of the destruction does not exceed
three thousand pesos.
3. Doctrine of attractive nuisance
Based on the doctrine of attractive nuisance, one who
maintains on his estate or premises an attractive
nuisance, without exercising due care to prevent the
children from playing therewith or resorting thereto,
is liable to a child of tender years who is injured
thereby even if the child is technically a trespasser in
the premises.

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V. DIFFERENT MODES OF ACQUIRING OWNERSHIP

1. Modes of acquiring ownership under Civil Code
Under our New Civil Code, the modes of acquiring
ownership and other real rights are the following:
1. Occupation;
2. Intellectual creation;
3. Prescription;
4. Law;
5. Donation;
6. Testate and intestate succession; and
7. In consequence of certain contracts, tradition.
The first three are original and the last four are
derivative.
2. Kinds of tradition as a mode of acquiring ownership
Tradition may be classified into:
1. Real tradition, which takes place by the delivery
or transfer of a thing from hand to hand if it is
movable, or by certain material and possessory
acts of the grantee performed in the presence and
with the consent of the grantor if it is immovable.
2. Constructive tradition, which takes place by the
delivery of a movable or immovable thing by means
of acts or signs indicative thereof. This delivery
may take place in the following ways:
a. Symbolical tradition or traditio simbolica, which
consists in the delivery of a symbol representing
the thing which is delivered, such as the key to a
warehouse;

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b. Traditio Longa Manu, which consists in the

grantor pointing out to the grantee the thing
which is delivered which at the time must be
within sight;
c. Traditio Brevi Manu, which takes place when the
grantee is already in possession of the thing
under a title which is not of ownership, such as
when the lessee purchases from the lessor the
object of the lease; and
d. Traditio Constitutum Possessorium, which takes
place when the grantor alienates a thing
belonging to him, but continues in possession
thereof under a different title, such as that of a
lessee, pledge or depositary.
3. Quasi-Tradicion which is used to indicate the
exercise of a right by the grantee with the
acquiescence of the grantor such as:
a. Placing titles of ownership in the hands of a
lawyer; or
b. Allowing the buyer to make use of the rights.
4. Tradicio por ministerio de la ley, which refers to
delivery which takes place by operation of law.
VI.

DONATION

1. Kinds of donation; Requisites and Formalities

The different kinds of donations may be classified in
the following ways:
I. As to their effectivity:
1. Donations Inter Vivos or those which takes
effect independently of the donors death. This

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class of donations may, in turn, be subdivided

into the following:
a) Simple donations, or acts of pure liberality
whereby a person disposes gratuitously of a
thing or right in favour of another, who
accepts it;
b) Remunerative donations, or those which a
person gives to another on account of the
services rendered by the latter to the former,
provided that they do not constitute a
demandable debt;
c) Conditional donations, or those where the
donor imposes upon the donee a burden or
charge which is less thatn the value of the
thing given; and
d) Onerous donations, or those which a person
gives to another in consideration of
demandable debts.
2. Donations Mortis Causa, or those which are
effective upon the donors death and must
therefore be governed by the rules of
testamentary succession.
II. As to their perfection or extinguishment:
1. Pure donations, or those which are immediately
demandable;
2. Donations with a condition, or those whose
effectivity are subordinated to the fulfilment or
non-fulfillment of a future and uncertain fact or
event;

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3. Donations with a term, or those whose effectivity

or extinguishment is subject ot the expiration of
a term or period.
The requisites of donation are:
1. Decrease or reduction of the patrimony of the
donor;
2. Increase of the patrimony of the donee; and
3. Animus donandi or the intent to make a donation.
With regard to the formalities prescribed by law, it
depends upon the kind of donations such as:
If the donation is simple or remuneratory, the
formalities prescribed by Arts. 748 and 749 of the
New Civil Code shall be complied with.
If the donation is conditional, the formalities
prescribed by the same articles aforementioned are
applicable to that portion which exceeds the value
of the burden imposed, while the formalities
prescribed for the execution of ordinary contracts
are applicable to that portion which is the
equivalent of such burden.
If the donation is onerous, the formalities
prescribed for the execution of ordinary contracts
shall be complied with (Art. 733, New Civil Code).
And if the donation is mortis causa, the formalities
prescribed by the New Civil Code in Arts. 804-814
for the execution of wills shall be complied with
(Art. 728, New Civil Code).
2. Reasons for knowing distinctions between donation
inter vivos and donation mortis causa

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There is a need of distinguishing a donation inter

vivos from a donation mortis causa for the following
reasons:
1. In order to determine when the donation shall take
effect. This is so, because the former takes effect
independently of the death of the donor, whereas
the latter takes effect upon the death of donor.
2. In order to determine whether or not there is a
transfer of title or ownership during the lifetime of
the donor. This is so, because in the former, there
is a transfer of title or ownership (full or naked),
whereas in the latter, there is none.
3. In order to determine whether or not the donation
is revocable. This is so, because the former is, as a
general rule, irrevocable during the lifetime of the
donor, whereas the second is revocable at will
during the lifetime of the donor.
4. In order to determine the effect if the donor
survives the donee. This is so, because the former
is valid even if the donor survives the donee,
whereas the latter is void if the donor survives the
donee.
5. In order to determine the formalities which must be
complied with in their execution.
This is so,
because the former must comply with the
formalities prescribed by Arts. 748 and 749 of the
New Civil Code, whereas the latter must be
contained in a last will and testament.
3. Rules in determining whether donation is inter vivos
and mortis causa

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In determining whether a donation is inter vivos or

mortis causa, the rules that we must always consider
are as follows:
1. That the New Civil Code recognizes only gratuitous
transfers of property which are affected by means
of donation inter vivos or by last will and testament
executed with the requisite legal formalities.
2. That in inter vivos donations, the act is
immediately operative even if the material or
physical delivery (execution) of the property may be
deferred until the donors death, whereas in a
testamentary disposition, nothing is conveyed to
the grantee and nothing is acquired by him until
the death of the grantor-testator. The disposition is
ambulatory and not final.
3. That in a mortis causa disposition, the conveyance
or alienation should be (expressly or by necessary
implication) revocable ad nutum or at the discretion
of the grantor or so-called donor if he changes his
mind.
4. That, consequently, the specification in the deed of
the cases whereby the act may be revoked by the
donor indicates that the disposition is inter vivos
and not mortis causa.
5. That the designation of the donation as mortis
causa, or a provision in the deed to the effect that
the donation is to take effect at the death of the
donor, is not a controlling criterion because these
statements are to be construed together with the
rest of the instrument in order to give effect to the
real intent of the transferor.

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6. That a conveyance for an onerous consideration is

governed by the rules of contracts and not by those
of donations or testaments.
7. That in case of doubt, the conveyance should be
deemed a donation inter vivos, rather than mortis
causa, in order to avoid uncertainty as to the
ownership of the property subject of the deed.
8. That the fact of donation is given in consideration
of love and affection or past or future services is
not an exclusive characteristic of donations inter
vivos, because transfer mortis causa may be made
also for these reasons.
4. Donations prohibited by law
The following donations are prohibited by law:
1. Those made by persons who were guilty of adultery
or concubinage at the time of the donation;
2. Those made between persons found guilty of the
same criminal offense, in consideration thereof;
3. Those made to a public officer or his or her spouse,
descendants or ascendants, by reason of his or her
office;
4. Those made to the priest who heard the confession
of the donor during the latters last illness, or the
minister of the gospel who extended spiritual aid to
him during the same period;
5. Those made to relatives of such priest or minister
of the gospel within the fourth degree, the church,
order, chapter, community, organization, or
institution to which such priest or minister may
belong;

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6. Those made by a ward to the guardian before final

accounts of the guardianship have been approved,
unless the guardian is an ascendant, descendant,
brother, or sister;
7. Those made to the attesting witness of the
execution of the donation, if there is any, or to the
spouse, parents, or children, or anyone claiming
under such witness, spouse, parents, or children;
8. Those made to the physician, surgeon, nurse,
health officer or druggist who took care of the
donor during his last illness;
9. Those made by individuals, associations and
corporations not permitted by law to make
donations;
10. Those made by the spouses to each other during
the marriage, or to the persons whom the other
spouse is a presumptive heir.
5. Modes of revoking inter vivos donation; reducing
As a rule, once the donation was accepted by the
donee, it is generally considered irrevocable. However,
the rule admits of certain exceptions. A donation may
be revoked on the grounds expressly provided in
Arts. 752, 760, 764 and 765 of the New Civil Code,
to wit:
1. Supervening birth, survival, or adoption of a child;
2. Non-fulfillment of the condition or charge imposed
in the donation;
3. Acts of ingratitude of the donee; and
4. The fact that the donation is inofficious.

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Donation inter vivos may likewise be reduced based

on the following grounds:
1. That the donor did not reserve sufficient property
for his own and his familys support;
2. Supervening birth, survival, or adoption of a child;
and
3. That the donation is inofficious.
6. Concept of reduction/revocation of inter vivos
donation when at the time of donation, donor was
childless
Every donation inter vivos, made by a person having
no children or descendants, legitimate or legitimated
by subsequent marriage, or illegitimate, may be
revoked or reduced as provided in the next article, by
the happening of any of these events:
1. If the donor, after the donation, should have
legitimate or legitimated or illegitimate children,
even though they may be posthumous;
2. If the child of the donor, whom the latter believed
to be dead when he made the donation, should
turn out to be living; or
3. If the donor subsequently adopt a minor child.
Note that the happening of any of these events
shall only give rise to a cause or ground to revoke the
donation. Hence, if the proper action for revocation is
not instituted, or if it is instituted but after the lapse
of the statutory period of prescription, the donation
will forever be considered valid. For any of these
events to be considered as grounds for the revocation
of a donation it is necessary, however, that the donor,

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at the time of the donation, did not have, or at least

he believed that he did not have, any children or
descendants,
whether
legitimate,
legitimated,
illegitimate or adopted.
7. Acts
of
ingratitude;
inofficious
donation

prescriptive period
The donation may 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 by 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 done 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.
The action for revocation of the donation by
reason of ingratitude may not be renounced in
advance and that same prescribes within a period of
one (1) year counted from the time that the donor had
knowledge of the fact and it was possible for him to
bring the action. If it was possible for the donor to
bring the action but he did not do so, the right is not
transmitted to his heirs even if he dies before the
expiration of the one-year period. If upon the death
of the donor the one-year period has not yet

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commenced to run because it was not possible for the

donor to bring the action during his lifetime, the right
is transmitted to the heirs upon his death. The
action may not be filed against the heir of the donee.
As regards inofficious donations, the same are not
void although they may be subjected to a
corresponding reduction or revocation, as the case
may be, if there is impairment of the legitime of the
compulsory heirs of the donor. And whether or not
there is impairment of such legitime is a matter than
can be determined only upon the death of the donor
after considering the estimated net value of his
property at the time of his death. In an action for
reduction or revocation of donation on the ground of
inofficiousness, the Supreme Court followed Art.
1144 of the New Civil Code, and held that the action
prescribes in ten (10) years commencing upon the
death of the donor-decedent.