In the context of Philippine law, donations, while generally irrevocable, can be revoked under specific circumstances. The Civil Code of the Philippines provides clear guidelines on this matter.
Grounds for Revocation
1. Ingratitude
A donor can revoke a donation if the donee acts with ingratitude, which may include offenses against the donor or refusal to provide legally or morally required support【5†source】【10†source】.
2. Non-Fulfillment of Conditions
If a donation is made with conditions and the donee fails to fulfill them, the donor may revoke it. This could include situations where the donee does not adhere to agreed-upon terms【5†source】【6†source】【7†source】.
3. Birth of Children
If the donor has a child or children unknown at the time of the donation, the donation can be revoked or reduced【5†source】.
4. Mutual Agreement
Both the donor and donee can mutually agree to revoke a donation【7†source】.
5. Incapacity of the Donor
If the donor was not legally capable of making a donation, it can be considered null and void【7†source】.
Revocation Process
To revoke a donation, the donor must initiate a court action. A donor cannot unilaterally revoke a donation without judicial intervention, except if the donee willingly surrenders the property【5†source】【8†source】.
Time Frame for Revocation
Certain grounds for revocation, such as the birth of children, must be acted upon within a specific time frame, typically five years from the event's knowledge. For non-compliance with conditions, the period is generally four years from the time of non-compliance【5†source】【8†source】.
Conclusion
Revoking a donation in the Philippines involves legal processes and specific grounds. It’s important to consult legal professionals for guidance when considering revocation【11†source】.