- Statute
- Civil Code
- Article
- Art. 739
- Topic
- Persons Who May Give or Receive a Donation
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE III DONATION
- Chapter
- CHAPTER 2 Persons Who May Give or Receive a Donation
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The following donations shall be void: (1) Those made between 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 wife, descendants and ascendants, by reason of his office. In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
Intellegal Wiki · In plain terms
Declares three kinds of donations void: those between people who were committing adultery or concubinage when the gift was made; those between people found guilty of the same crime, given in consideration of it; and those to a public officer (or his spouse, ascendants, or descendants) by reason of his office. In the adultery/concubinage case, the donor's or donee's spouse may sue to annul it, proving guilt by preponderance of evidence.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Milagros Joaquino A.K.A. Milagros J. Reyes v. Lourdes Reyes G.R. No. 154645
- Nestor D. Cabañez v. Marie Josephine Cordero Solano A.K.A. Ma. Josephine S. Cabañez; G.R. No. 256299
- Norie C. Paghubasan v. Amparo Y. Apostol G.R. No. 250372
- Heirs of Loreto C. Maramag v. Eva Verna de Guzman Maramag G.R. No. 181132