Donation Report Ppt

8/11/2019 Donation Report Ppt

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Christian Paul B. Chungtuyco

LAW 1A

DONATIONS BY REASON OF

MARRIAGE


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Donation

Act of liberality whereby a person disposes

gratuitously of a thing or right in favor of another,

who accepts it. (Civil Code, Art. 725)


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Donation by Reason of Marriage;

Requisites.

1. made before the celebration of the marriage

2. in consideration of marriage

3. in favor of one or both of the future spouses.

(FAMILY CODE, Art. 82)

also called Donation Propter Nuptias (DPN) to be va

it must be:

NOTE: Absence of any of the above essentialelements,

there is no DPN although there might be an

ordinary donation.


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Illustration:

Thus, a donation of a parcel of land made in favorof one spouse one year after marriage is not adonation propter nuptias. (Samillano vs.Samillano, [C.A.] 52 O.G. 4290)

Another is a donation made before the marriage, inconsideration thereof but in favor of the naturalguardians of the wife and to take effect upon thedeath of the latter if she dies without children is not

a donation propter nuptias, because it is not favor ofone or both spouses. (Serrano vs. Solomon, 105Phil. 998)


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Donation Propter Nuptias Ordinary Donations

Governed by the provisions of DPN of

the Family Code

Governed by Civil Code provisions on

ordinary donations

Acceptance

Does not require express acceptance

(Art. 129 of Civil Code)

Express Acceptance is necessary

(Art. 745, New Civil Code)

Future Property

May include future property

(FAMILY CODE, Art. 84 par. 2)

Cannot include future property

(Art. 751, New Civil Code)

Limitations

If present property is donated and the

property regimes is not Absolute

Community Property, donation is

limited to 1/5 of the property. (FAMILY

CODE Art. 84)

There is no limit to donation of present

property , except that the donor shall

leave the property enough for his

support, (Art. 750, New Civil Code)

provided legitimes are not impaired.(Art. 752, New Civil Code)

Revocation

Grounds for revocation are found in Art.

86 of the Family Code

Grounds for revocation are found in

Chapter 4, Title III, Book III of the Civil

Code


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Formal Requirements of Donation

Movable Property may be made orally or in

writing. (New Civil Code, Art. 749)

Personal Property if the value exceeds P5,000,

donation and acceptance shall be made in

writing, OTHERWISE void. (New Civil Code, Art.

749 par 3)

Immovable Property

must be made in a publicinstrument. (New Civil Code, Art. 749)


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DPN of Future Property

If the future spouses agree upon a regime otherthan the absolute community of property, they

cannot donate to each other in their marriage

settlements more than 1/5 one-fifth of their

present property. Any excess shall be consideredvoid. (FAMILY CODE, Art. 84 par.1)

NOTE: Otherwise, if future spouses agreed to

have their property relations governed by therules on ACP, they can donate to each other in

their marriage settlements present property

WITHOUT limit.


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Encumbrance Meaning

It covers restrictions and burdens on the propertysuch as mortgage, pledge, attachment, levy on

execution, right to repurchase adverse claims,

and leases.


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Encumbered Property if Donated;

Effects.

If the property donated by reason of marriage issubject to some encumbrances it shall be a valid

donation. In case of foreclosure of the

encumbrance and the property was sold for less

than the amount of the obligation secured, thedonee is not liable for the deficiency, On the other

hand if the property was sold for more than the

total amount of said obligation, the donee shall be

entitled to the excess. (FAMILY CODE, Art. 85)


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Illustration:

DPN of encumbered property, the donation isconsidered VALID.

In case of foreclosure:o If property value is < obligation, donee is not

liable.

o If property value is > obligation, donee shall be

entitled to the excess.


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Grounds for Revocation

Marriage not celebrated or judicially declared voidab initio EXCEPT those made in Marriage

Settlements that do not depend on celebration of

marriage;

Marriage without parental consent;

Marriage annulled and the donee is in bad faith;

Upon legal separation, the done being the guilty

spouse; Donation is with resolutory condition and the

condition was complied and;

Donee commits acts of ingratitude as specified by

Art. 765 of Civil Code. (FAMILY CODE, Art. 86)


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Donation between Spouses during

Marriage

General Rule: Void, by either direct or indirect

donation

Exception: Moderate gifts on occasions of

family celebrations. (FAMILY CODE, Art. 87)

NOTE: Prohibition applies to common-law

spouses.


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Jurisprudence

The donation between common-law spouses falls

within the provision prohibiting donations between

spouses during marriage. (Matabuena vs.

Cervantes, 1971)

The donation made by a man to a woman was

held VALID because of there is no proof shownthat they are still living in a common-law

relationship at the time of the donation

Donation Report Ppt

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