Short answer. No. Article 727 of the Civil Code provides that illegal or impossible conditions in simple and remuneratory donations are simply considered as not imposed — they are disregarded. The donation itself remains valid and effective; only the offending condition is stripped away, leaving the gift intact.
What the law says
Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed.
Civil Code, Article 727 — Illegal Conditions Deemed Not Imposed. Read the full provision →
The rule: cut the condition, keep the gift
Article 727 reflects a general policy of preserving gifts rather than voiding them over bad conditions. If a donor attaches an illegal condition — for example, a requirement that the recipient commit an act prohibited by law — or an impossible one — a condition that cannot physically or legally be fulfilled — the law does not punish the recipient by taking away the donation. Instead, the condition is treated as if it were never written. The donation stands as though it were made without any condition at all.
What kinds of donations this covers
Article 727 applies to two types: simple donations and remuneratory donations. A simple donation is a pure gift made out of generosity, without expecting anything in return. A remuneratory donation is one given in recognition of past services rendered to the donor — services that did not create a legal obligation to pay. Both types benefit from this rule when an illegal or impossible condition is attached. Onerous donations — those where the condition itself constitutes the consideration or burden on the recipient — are governed by different rules, because the condition is integral to the nature of the transfer.
Why this differs from ordinary contracts
In an ordinary contract, an illegal condition can void the entire agreement because the law does not want to enforce bargains built on unlawful premises. But donations are acts of liberality — the donor receives nothing of value in return. Voiding the donation over a bad condition would punish the recipient for the donor's poor drafting choices without any corresponding benefit to anyone. Article 727 avoids that harsh result by severing the illegal condition and allowing the gift to take effect as a simple, unconditional donation.
What this means in practice
If someone gave you a parcel of land with a deed of donation that includes a condition you believe is illegal or physically impossible, the practical implication under Article 727 is that you can treat the donation as valid without the condition. You receive the land; the condition is ignored. However, whether a specific condition truly qualifies as illegal or impossible is a factual and legal question that may not always have an obvious answer. Some conditions that appear unenforceable may in fact be valid under the law, and some seemingly simple conditions can raise complicated questions. If you are trying to rely on Article 727 in a real dispute, getting a proper legal assessment of the specific condition is important.
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.
- Estate of Susano J. Rodriguez, represented by its Attorney-in-Fact Virgilio R. Valenzuela vs. Republic, G.R. No. 214590, April 27, 2022 — read the decision on LawPhil →
- C-J Yulo & Sons, Inc. vs. Roman Catholic Bishop of San Pablo, Inc, G.R. No. 133705, March 31, 2005 — read the decision on LawPhil →