- Statute
- Philippine Civil Code
- Article
- Art. 760
- Topic
- Revocation and Reduction of Donations
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE III DONATION
- Chapter
- CHAPTER 4 Revocation and Reduction of Donations
- Formerly
- Art. 644a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
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 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; (3) If the donor subsequently adopt a minor child. (644a)
Intellegal Wiki · In plain terms
Lets a person who had no children when making a lifetime gift (donation inter vivos) later revoke or reduce it if family circumstances change: namely, if the donor afterward has a legitimate, legitimated, or illegitimate child (even a posthumous one), if a child believed dead turns out to be alive, or if the donor adopts a minor. This protects the donor's later-arriving children.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Cruz v. Court of Appeals G.R. No. L-58671