Short answer. No. Article 772 of the Civil Code is explicit: those with a right to the legitime cannot renounce their right during the lifetime of the donor, either by express declaration, or by consenting to the donation. Any purported waiver made while the donor is still alive is legally ineffective.
What the law says
Those referred to in the preceding paragraph cannot renounce their right during the lifetime of the donor, either by express declaration, or by consenting to the donation.
Civil Code, Article 772 — Who May Ask For Reduction. Read the full provision →
What inofficious donations are
A donation is inofficious when it exceeds the portion of the estate that the donor was free to give away. Under Philippine succession law, a testator — and by extension, a donor — cannot give away so much that the compulsory heirs are left without their legitime. If a parent donates so generously during his lifetime that nothing is left for the children at his death, the children have the right to ask a court to reduce those donations to the extent necessary to restore their legitimate shares. That right is what Article 772 protects — and what a compulsory heir cannot waive prematurely.
Why the waiver is ineffective during the donor's lifetime
The bar on pre-mortem waiver is not a technicality. It exists because a compulsory heir cannot know, while the donor is alive, what the estate will actually look like at the moment of death. The donor may make additional donations later, may spend money, may acquire new assets. What looks like a manageable gift today could turn out to be the act that wipes out the legitime entirely — or it might not. The law refuses to let a compulsory heir bargain away a right whose value is not yet determinable. Consenting to the donation, in writing or orally, does not legally release the right to later seek reduction.
Who has the right to ask for reduction
Article 772 limits the right to ask for reduction to those who, at the time of the donor's death, have a right to the legitime — and to their heirs and successors in interest. This is the first paragraph of Article 772. Donees, devisees, and legatees who are not entitled to the legitime cannot ask for reduction; neither can the creditors of the deceased. The right is personal to compulsory heirs and transfers only to their successors. Once the donor dies and the right ripens, the compulsory heir — or her heirs — may then exercise it. The right cannot be exercised before death, but neither can it be given up before death.
Practical implications
If a parent pressured you, as a child and compulsory heir, to sign a document consenting to a large donation to a sibling or a third party, and promised that you were giving up your right to challenge it, that consent has no legal force. When the parent dies, you may still bring an action to have the donation reduced if it impairs your legitime. Conversely, if you are the donor or a donee relying on such a consent, know that it provides no protection against a future reduction claim. The right to reduce inofficious donations belongs to the compulsory heirs at the time of death — not a moment before.
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 →