February 15, 2023

Commission on Audit
Regional Office

RE : Legal opinion about the révocation of the Deed of Donation.

Dear Sir/Madam:

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Here is the opinion you requested. The facts, gathered from you and your office, are follows:

1. The incumbent Governor Ma. Gan Dah requested special/fraud audit to your office regarding to several
deed of donation with various local government units (LGUs) involving the several properties, equipment,
and supplies owned by the province.

2. The incumbent Governor Ma. Gan Dah filed petition to disallow and/or annul the donation of real
property by the provincial government to the LGU/NGA beneficiaries. To restore the possession of the
donated real properties to the provincial government. Such and other reliefs as may be deemed just and
equitable under the circumstance

The issue here is clear, Whether or not the deed of donation of real property by the provincial government to
LGUs may revoke? First and foremost, the donation may revoke in pursuant of Article 764 and 765 paragraph 2
civil code of the Philippines stated that:

Art. 764. 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.

Art. 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the
following cases:

(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or the act has been committed against the donee himself, his
wife or children under his authority.

Perhaps, the condition of deed of donation is a resolutory condition, until the donation is revoked, it remains valid.
However, for the donation to remain valid, the donee

For instance, a co-owner may bring such an action, without the necessity of joining all the other co-owners,
because †he suit is deemed to be instituted for the benefit of all. If action is for the benefit of incumbent governor
Ma. Gan Dah alone, such that she claims possession for herself and not for the co-ownership, the action will not
prosper.

Having examined the relevant legislation, we find that this action is not premature, and has not been barred by
prescription or laches. An action to revoke a donation based on non-compliance of condition prescribes after four
(4) years from non-compliance.
Nothing on this opinion should be taken as expressing an opinion in respect of any representations or warranties or
other information, or any other document examined in connection with this opinion except as expressly confirmed
herein. This opinion is address to you solely for the benefit of incumbent Governor Ma. Gan Dah, alone and may
not be relied upon, use by, or shown to any other person or any other purpose.

Respectfully,

_
______________________
Ivanessa Joy Garong
Legal Affairs Office