Short answer. One year. Article 769 says the action to revoke a donation for ingratitude prescribes within one year, counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. Miss that window and the right to revoke on this ground is lost.
What the law says
This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action
Civil Code, Article 769 — Prescription Of Action For Ingratitude. Read the full provision →
What the law says
The action granted to the donor by reason of ingratitude cannot be renounced in advance
Civil Code, Article 769 — Prescription Of Action For Ingratitude. Read the full provision →
The period is one year
Article 769 gives a firm answer: This action prescribes within one year. The right to take back a donation because the donee has been ungrateful is not open-ended. Compared with many other rights under the Code, one year is a short fuse. If you let it run out, your action to revoke on the ground of ingratitude is barred, no matter how real the ingratitude was. The law deliberately keeps this period tight, because a donation is meant to be a settled gift; the possibility of undoing it for ingratitude cannot be allowed to hang over the donee indefinitely.
When the one year starts to run
The year does not necessarily start on the day the ungrateful act happened. The article counts it from the time the donor had knowledge of the fact and it was possible for him to bring the action. Two things must line up: you must have learned of the act of ingratitude, and it must have been actually possible for you to sue. Until you knew, or while some genuine obstacle made an action impossible, the clock has not begun. But once both conditions are met, the year runs, and it does not restart. This is why acting as soon as you learn of the ingratitude matters so much.
You cannot sign this right away in advance
The same article protects the donor from being tricked or pressured into giving up this remedy before the fact. It states that The action granted to the donor by reason of ingratitude cannot be renounced in advance. So a clause in the donation, or a promise made before any ingratitude occurs, purporting to waive your right to revoke, does not bind you. The law will not let a donee secure the gift by extracting an early surrender of the donor's protection. That said, this is about advance renunciation; it does not stop the year from lapsing if you simply fail to act once your right has accrued.
What the short deadline demands of you
The practical message is speed. Because the period is only a year and starts once you know and can sue, delay is the most common way this remedy is lost, since the ground may be strong yet a late action fails on prescription alone. Keep a clear record of when you learned of the act, since the starting point can itself be disputed. Bear in mind, too, that this deadline governs revocation for ingratitude specifically; other grounds for reducing or revoking a donation run on their own separate rules and periods. If ingratitude is your ground, treat the one-year clock as already running and do not wait.
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.
- Sps. Agripino and Isabel Gestopa vs. Court of Appeals, G.R. No. 111904, October 5, 2000 — read the decision on LawPhil →
- Rodolfo Noceda vs. Court of Appeals, et al, G.R. No. 119730, September 2, 1999 — read the decision on LawPhil →