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Arts 735-749 Donation
Arts 735-749 Donation
Arts 735-749 Donation
Congress changed the original draft of the Civil Code, which used the word
acceptance to making, which now resulted into a juridical absurdity.
This interpretation will reconcile with related provisions of Art. 734, and
that of Art. 1323 which states: An offer becomes ineffective upon the
death, civil interdiction, insanity, or insolvency of either party before
acceptance is conveyed.
a.
b.
Liguez v. CA, L-11240, Dec. 18, 1957 donation to a 15yr. old minor by a
mature married man is void due to illicit cause . But donors heirs cant get
back the land as the donor who is a party to an illegal transaction cannot
get back what has been given.
ii.
(1)
The priest who heard the confession of the testator during his
last illness, or the minister of the gospel who extended spiritual
aid to him during the same period;
During his last illness means that there is imminent danger of the
illness of donor being his last as far as the donor is concerned, at the
time he made the donation
(2)
But the Wife of the minister or pastor is not included from those
disqualified, thus, she is not disqualified.
(3)
o
xxx
(5)
(6)
law to inherit.
o Individuals, associations and corporations referred to are those
absolutely and not relatively incapacitated to succeed.
Example:
1. Donation to an Abortive infant
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B.
(1)
(2)
(3) Any person who has accused the testator of a crime for which
the law prescribes imprisonment for six years or more, if the
accusation has been found groundless;
(4)
Any heir of full age who, having knowledge of the violent death
of the testator, should fail to report it to an officer of the law
within a month, unless the authorities have already taken action;
this prohibition shall not apply to cases wherein, according to law,
there is no obligation to make an accusation;
o
The husband H caught his wife W, committing adultery with his bro. X in Nov.
2010. H sued his bro. X and wife W for adultery and the two were convicted.
However, H is still in love with his wife W, so he forgave her and even gifted her
with a diamond ring worth P1M when they reconciled in 2012. A year after, in
2013 H died.
The only child of H from his first marriage, Y sued to revoke and annul the P1M
ring donation to W and the earlier donation to X by H of a SUV worth P1.5M when
X turned 25 and passed the bar exam - May 2010.
1.) As to donee wife W: NO. Art. 1032, par. 5. does not include the spouse.
Here, the spouse W is not deemed unworthy to inherit or receive the donation,
only the person convicted of adultery with W.
o Exception in case where the husband secured a decree of legal separation or
expressly disinherited the guilty spouse.
o The law generally favors to sustain the solidarity and sanctity of marriage.
o It is only the offended spouse who can decide to revoke the donation or not.
2.)
As to donee bro. X: YES. If convicted with adultery with the wife of H, the
bro. X will be deemed as unworthy as donee under Art. 740, Art. 1032, par. 5
which states: (5) Any person convicted of adultery or concubinage with
o
o
In pars. (7) supplants, conceals, or alters the latters will; (8) falsifies
or forges
proof of fraud, etc. is not necessary as the act itself, demonstrates fraud
by the donee.
b.) If it had an intra-uterine life of less than 7 months - that the child,
after being born alive, should live for at least, 24 hours.
o
1.
Art. 746.
Art. 746 rule is applicable to donation inter vivos only, and NOT to
donation mortis causa.
Why? In donation mortis causa, acceptance by donee is effective
only after death of donor.
A donation mortis causa is
revocable anytime by donor while alive.
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