Articles 82,83 & 84

By Karl Dane Ylagan

Article 82.

DONATIONS BY REASON OF MARRIAGE ARE THOSE  WHICH ARE MADE BEFORE  ITS CELEBRATION, IN CONSIDERATION OF THE SAME, AND IN FAVOR OF ONE OR BOTH OF THE FUTURE SPOUSE

article 83.

THESE DONATIONS ARE GOVERNED BY THE RULES ON  ORDINARY DONATIONS ESTABLISHED IN TITLE  III OF BOOK III CIVIL CODE, INSOFAR AS THE ARE NOT MODIFIED BY THE FOLLOWING  ARTICLES

article 84.

IF THE FUTURE SPOUSE AGREE UPON A REGIME OTHER THAN  THE ABSOULTE COMMUNITY OF PROPERTY, THEY CANNOT DONATE TO EACH OTHER IN THEIR MARRIAGE SETTLEMENTS MORE THAN ONE-FIFTH OF THEIR PRESENT PROPERTY. ANY EXCESS SHALL BE CONSIDERED VOID.

DONATIONS OF FUTURE SPOUSE SHALL BE GOVERNED BY THE PROVISIONS  ON TESTAMENTARY SUCCESSION  AND THE FORMALITIES OF WILLS.

DONATION PROPTER NUPTIAS

DEFINITION

• a marriage gift or settlement required by law of the husband or his family early during the later Roman Empire and that was required by Justinian to be equal to the wife’s dowry but permitted to be made after and used for expenses of the marriage —formerly called when made before the marriage donatio ante nuptias.

Donation propter nuptias

Without onerous consideration

The marriage being merely the occasion or motive for the donation, not its “causa”

Remain subject to reduction for inofficiousness upon the donor’s death, if the should infringe the legitime of a forced heir

Donations must be made prior to the celebration of marriage, In consideration of the same and must be in favor of one or both of the spouses.

Relevant articles

Article 748 of the civil code

Article 749 of the civil code

Article 810 of the civil code

Articles 805 and  806 of the civil code

Article 748-

It can be even contained in a marriage settlement

The rules governing  the validity of  the present property donated , rules on ordinary donations under title 3  book 3 of the civil code must be observed.

The donee must accept the donation personally, or through an authorized person with special power for the purpose

The donations of a movable may be made orally or in writing

If the value of personal property donated exceeded  five thousand pesos, the donation and the acceptance shall be made in writing. Other wise the donation shall be void(art.748  of the civil code).

Article 749

Immovable donations  must be made in a public documents.

Acceptance maybe made in the same deed of donation or in a separate instrument.

The donor shall be notified in an authentic form, if the acceptance is made in a separate instrument.

Article 810

Donations propter nuptias of future property shall be governed by the provisions on testamentary succession and the formalities of a will.

Documents containing the donation of future property maybe handwritten.

Donation between future spouses

Giving a donation propter nuptias to a would-be spouse would be useless if the property regime that will govern their marriage is the absolute community of property.

If one of the would-be spouse wants to validly make a donation propter nuptias, the following requisites must concur:

vThere must be a valid marriage settlement

vThe marriage settlement must stipulate a property regime other than the absolute community of property

vThe donation contained in the marriage must not be more than one-fifth of his or her present property.

vThe donation must be accepted by the would-be spouse and;

It must comply with the requisites established in the Title III of Book III of the Civil Code donations

BONIFACIA MATEO vs. GERVACIO LAGUA

29 SCRA 864

October 30, 1969

 FACTS:

             Sometime in 1917, the parents of Alejandro Lagua donated two lots to him in consideration of his marriage to petitioner Bonifacia Mateo.  The marriage was celebrated on May 15, 1917 and thereafter the couple took possession of the lots, but the certificates of title remained in the donor’s name.

               In 1923, Alejandro died, leaving behind his widow Bonifacia with their infant daughter, who lived with the father-in-law Cipriano Lagua who in turn undertook to farm on the donated lots.  At first, Cipriano gave to Bonifacia the share from the lots’ harvests, but in 1926 he refused to deliver to petitioner the said share, which reason prompted her to initiate an action and won for her possession of the lots plus damages.

 

                On July 31, 1941, Cipriano executed a deed of sale of the said lots in favor of his younger son, herein respondent Gervacio.  Petitioner learned of this only in 1956 when Cipriano stopped giving to petitioner her share to the harvest.  A Transfer Certificate of Title (TCT) was issued under respondent’s name by the Registry of Deeds (ROD) of Pangasinan.

 

                The CFI of Pangasinan declared the TCT issued to respondent null and void and ordered cancelled by the ROD, and for respondent to vacate and deliver the lots to petitioner.  In 1957, Gervacio and Cipriano filed with the CFI for the annulment of the donation of the two lots.  While the case was pending, Cipriano died in 1958.  It was dismissed for prescription, having been filed after the lapse of 41 years.  When appealed, the CA in 1966 held that the donation to Alejandro of the two lots with the combined area of 11,888 sq. m. exceeded by 494.75 sq. m. his legitime and the disposable portion that Cipriano could have freely given by will, and to the same extent prejudiced the legitime  of Cipriano’s other heir, Gervacio.  The donation was thus declared inofficious and herein petitioners were ordered to reconvey to Gervacio a portion of 494.75 sq. m. from any convenient part of the lots.

 ISSUE:  Whether or not the Court of Appeals correctly reduced the donation propter nuptias for being inofficious.

HELD:    Decision of CA based on unsupported assumptions set aside; trial court’s order of dismissal sustained.

                Before the legal share due to a compulsory heir may be reached, the net estate of the decedent must be ascertained, by deducting all payable obligations and charges from the value of the property owned by the deceased at the time of his death; then, all donations subject to collation would be added to it.  With the partible estate thus determined, the legitimes of the compulsory heirs can be established, and only thereafter can it be ascertained whether or not a donation had prejudiced the legitimes.  Certainly, in order that a donation may be reduced for being inofficious,  there must be proof that the value of the donated property exceeds that of the disposable free portion plus the donee’s share as legitime in the properties of the donor.  In the present case, it can hardly be seen that, with the evidence then before the court, it was in any position to rule on the inofficiousness of the donation involved here, and to order its reduction and reconveyance of the deducted portion to the respondents.

                Article 908.  To determine the legitime, the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall not include those imposed in the will.

                 To the value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them.

Article 85

By Rossville “Aeron” B. Violanta

ART. 85. DONATIONS BY REASON OF MARRIAGE OF PROPERTY SUBJECT TO ENCUMBRANCES SHALL BE VALID. IN CASE OF FORECLOSURE OF THE ENCUMBRAMCE AND THE PROPERTY IS SOLD FOR LESS THAN THE TOTAL AMOUNT OF THE OBLIGATION SECURED, THE DONEE SHALL NOT BE LIABLE FOR THE DEICIENCY. IF THE PROPERTY IS SOLD FOR MORE THAN THE TOTAL AMOUNT OF SAID OBLIGATIONS, THE DONNE SHALL BE ENTITLED TO THE EXCESS.

Encumbrance – is any right or interest that exists in someone other than the owner of an estate and that restricts or impairs the transfer of the estate or lowers its value.

Donee– a person who is given a power of appointment.

Donor– a person who donates something, especially money to a fund or charity

Debtor– a person who is in debt or under financial obligation to another (opposed to creditor)

Donation with Encumbrance

If the object of the donation is subject of an encumbrance, the donation is still valid.

– donee’s right are subject to the encumbrance.

If the object of the donation has been foreclosed to answer for the unpaid debt of the donor.

– donee should not be held liable for any deficiency because he is not a debtor to the principal obligation.

If the property is sold and the resulting money obtained is more than the amount of the liability of the donor

–donee will get the excess.

Because being the owner of the property, donee is entitled to whatever value of the property which can be obtained.

Article 86

By Robinson Manaig

Article 86: A donation by reason of marriage may be revoked by the donor in the following cases:

• If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;
• When the marriage takes place without the consent of the parents or guardian, as required by law;
• When the marriage is annulled, and the donee acted in bad faith;
• Upon legal separation, the donee being the guilty spouse;
• If it is with a resolutory condition and the condition is complied with;
• When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.
• If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;
• Marriage is not celebrated or is void ab initio (including art. 52-53)
• Prescription:
• Marriage is void: 5 years from Judicial Declaration of Nullity (if doesn’t want to give it back, prescribe after 8 years for movable, 30 years for immovable)
• Marriage not celebrated: 5 years from when it was not celebrated
• Exception: If the donation is in the marriage settlement it will be revoked by operation of law.
• Exception: If the marriage is void due to Article 40, or Article 44, then automatically revoked
• When the marriage takes place without the consent of the parents or guardian, as required by law;
• Marriage takes place without consent of parents
• Prescription:
• – 5 years from the time he had knowledge that consent was not obtained, after the marriage.
• When the marriage is annulled, and the donee acted in bad faith;
• Upon legal separation when donee is the guilty spouse
• Prescription:
• – 5 years from finality of decree.
• Exception: if the ground for legal separation is infidelity in the form of adultery or concubinage it will be automatically void.
• Upon legal separation, the donee being the guilty spouse;
• When there is a resolutory cause (enforced obligation) and the condition has been complied with
• Prescription:
• 5 years from the happening of the resolutory condition.
• Exception: between husband and wife prescription does not run.
• When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.
• Acts of ingratitude:
• – Donee commits an offense against the person or property of the donor, his wife, or children
• – Donee imputes to the donor any criminal offense involving moral turpitude unless it against the donee
• – Donee unduly refuses to support donor when he is legally or morally bound to give support.
• Prescription:
• – 1 year from the time the donor had knowledge of the fact of ingratitude
• Valdes vs. RTC 260 SCRA 221
• FACTS:
• Antonio Valdez and Consuelo Gomez were married in 1971 and begotten 5 children. Valdez filed a petition in 1992 for a declaration of nullity of their marriage pursuant to Article 36 of the Family Code, which was granted hence, marriage is null and void on the ground of their mutual psychological incapacity.  Stella and Joaquin are placed under the custody of their mother while the other 3 siblings are free to choose which they prefer. Gomez sought a clarification of that portion in the decision regarding the procedure for the liquidation of common property in “unions without marriage”. During the hearing on the motion, the children filed a joint affidavit expressing desire to stay with their father.
• ISSUE: 
• Whether or not the property regime should be based on co-ownership.
• HELD:
• The Supreme Court ruled that in a void marriage, regardless of the cause thereof,
• the property relations of the parties are governed by the rules on co-ownership.
• Any property acquired during the union is presumed to have been obtained through their joint efforts.  A party who did not participate in the acquisition of the property shall be considered as having contributed thereto jointly if said party’s efforts consisted in the care and maintenance of the family.

Article 87

By Engr. Marlo Alipon

Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (133a)