Revoking Donations
What is a Donation?
Donation refers to the act by which a person voluntarily transfers ownership or rights to another without any form of consideration or compensation. Under Philippine law, specifically the Civil Code, the act of donation is formalized through a Deed of Donation.
Who Can Revoke a Donation?
Typically, the donor holds the exclusive right to revoke a donation. Once the donor is deceased, the right to revoke generally lapses, and the donation becomes irrevocable, barring specific exceptions. Legal heirs cannot ordinarily revoke a donation made by their deceased relatives.
Grounds for Revocation
The law enumerates specific grounds for the revocation of a donation. These include ingratitude, non-fulfillment of conditions, and other circumstances defined by law. The donor, during their lifetime, must institute the revocation through judicial action.
Steps for Revocation
Should grounds for revocation exist, the donor, or other authorized parties under extraordinary circumstances, must initiate a civil case to revoke the donation. This involves a petition explaining the grounds for revocation and proving such grounds in court.
Implications for the Donee
Once a donation is revoked, the donee may be required to return the donated property or its equivalent value. However, the return is subject to adjustments like natural depreciation or improvements made to the property.
What About Real Properties?
In cases of donations involving real property, the annotations on the title must be canceled to reflect the revocation of the donation. This requires an order from a court of competent jurisdiction.
Final Thoughts
Understanding the legal intricacies of donations and their potential revocation is crucial for both donors and donees. Consulting a legal expert is highly advisable when dealing with such complex transactions.