Short answer. Possibly, if you are a compulsory heir. Article 772 lets those who at the time of the donor's death have a right to the legitime, and their heirs, ask for the reduction of inofficious donations — gifts that ate into the portion the law reserves for you. Ordinary well-wishers and creditors cannot.
What the law says
Only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the reduction or inofficious donations.
Civil Code, Article 772 — Who May Ask For Reduction. Read the full provision →
Who may ask to claw back the gifts
The law protects a reserved share of a parent's estate, called the legitime, for certain close heirs. When a person gives away so much during life that these gifts trench upon that reserved share, the excess is called an inofficious donation and can be cut down after death. Article 772 says only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the reduction of inofficious donations. So whether you can get some property back depends first on whether you are a compulsory heir — the kind of heir the law reserves a legitime for, such as a child of the deceased.
You cannot be made to waive it in advance
The article guards this right against being bargained away too early. It provides that those entitled cannot renounce their right during the lifetime of the donor, either by express declaration, or by consenting to the donation. That means if, while your father was alive, you signed something giving up your future share, or simply went along with the donations he made, that earlier agreement does not bar you now. The right to seek reduction only truly arises at his death, and any waiver attempted before then does not count. This protects heirs from pressure to surrender their legitime long before they can appreciate what they are giving up.
Who is shut out, and the limits of the remedy
Article 772 also says who cannot use this remedy: the donees, devisees and legatees, who are not entitled to the legitime and the creditors of the deceased can neither ask for the reduction nor avail themselves thereof. So a friend who received a gift, or a creditor of your father, cannot invoke it. Just as important, the remedy is a reduction, not a wholesale cancellation. It reaches only the part of the donations that impairs the legitime; a donation kept within the portion your father was free to give away stands. Working out how much, if anything, can be recovered depends on valuing the estate and the legitime, so the specifics of your family's situation matter greatly.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Eloy Imperial vs. Court of Appeals & Cesar Villalon, etc., et al, G.R. No. 112483, October 8, 1999 — read the decision on LawPhil →