Cancellation of a Deed of Donation in Philippine Law

Question: Can a deed of donation be cancelled?

Answer: Yes, a deed of donation can be cancelled or revoked under specific circumstances as provided for by Philippine law. The Civil Code of the Philippines outlines several grounds and conditions under which a donation may be revoked:

Revocation by the Donor for Non-fulfillment of a Condition (Article 764):
- If the donation is made with a resolutory condition, and the donee fails to comply with or fulfill that condition, the donor may revoke the donation. Upon revocation, the donated property will revert to the donor.
Revocation Due to Ingratitude (Article 765):
- A donor may also revoke a donation on the grounds of ingratitude in the following cases:
  - If the donee commits an offense against the person, honor, or property of the donor.
  - If the donee imputes to the donor any criminal offense, except for a crime against honor.
  - If the donee unduly refuses the donor support when the donee is legally or morally bound to give support to the donor.
Subsequent Birth of Children (Article 760):
- In instances where the donor, after making the donation, has a subsequent birth of a child (whether legitimate or legitimated by a subsequent marriage), and the child is alive at the time the donation is made but the donor was unaware of its birth, the donation can be reduced on account of such subsequent birth.
Incapacity of the Donor at the Time of the Donation (Article 739):
- A donation made by a person who did not have the capacity to make the donation at the time it was given can be considered null and void.
Presence of Legal Grounds Specified in the Deed:
- If the deed of donation itself stipulates specific conditions or grounds upon which the donation may be revoked, and those conditions are met or those grounds arise, then the donation can be cancelled based on those terms.
Mutual Agreement:
- Both the donor and the donee can mutually agree to revoke the donation. This mutual revocation should preferably be in writing for clarity and to avoid future disputes.

Recommendation: If you are contemplating the revocation of a donation or are facing the potential revocation of a donation made to you, it's crucial to consult with a lawyer. They can guide you on the appropriate legal steps, the potential effects of the revocation, and help ensure that your rights and interests are protected.

Conclusion: A deed of donation in the Philippines can be cancelled or revoked under certain conditions as provided by the Civil Code and other relevant laws. It's essential to be aware of these conditions and to navigate the process with the guidance of legal counsel.