- Statute
- Civil Code
- Article
- Art. 764
- 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. 647a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration laws. This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee's heirs. (647a)
Intellegal Wiki · In plain terms
A donor may revoke the gift when the recipient fails to comply with the conditions attached to it, and the property must then be returned; sales or mortgages the recipient placed on it become void, subject to protections for third parties under the mortgage and land-registration laws. This action prescribes four years after the breach and may pass to, or be brought against, the parties' heirs.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- The Secretary of Education v. Heirs of Rufino Dulay, Sr. G.R. No. 164748
- Evelyn de Luna v. Hon. Sofronio F. Abrigo G.R. No. 57455
- Edgardo D. Dolar v. Barangay Lublub (Now P.D. Monfort North) of the Municipality of Dumangas G.R. No. 152663
- The Roman Catholic Archbishop of Manila v. Hon. Court of Appeals G.R. No. 77425