Short answer. Donations propter nuptias — gifts made before marriage and in consideration of it — are primarily governed by the ordinary donation rules in the Civil Code. Article 83 of the Family Code establishes this, subject to modifications in the Family Code articles that follow it.
What the law says
These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.
Family Code, Article 83 — Donations by Reason of Marriage Governed by the Rules on Ordinary Donations. Read the full provision →
The Civil Code as the baseline
Article 83 of the Family Code provides the governing framework for donations propter nuptias — gifts made before the marriage and by reason of it: "These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles." The Civil Code's ordinary donation rules therefore apply by default. Requirements for form, acceptance, revocation for ingratitude, inofficiousness, and the limits on what may be donated — all of these come from the Civil Code unless the Family Code modifies them.
What the Family Code modifies
The phrase "insofar as they are not modified by the following articles" means that subsequent Family Code articles carve out specific rules that apply only to donations propter nuptias — rules that differ from or supplement the ordinary Civil Code regime. These include rules on what may be donated in contemplation of marriage, what happens to the donation if the marriage does not take place, and the effects of the marriage being void or voidable on the donations already made. Where a Family Code rule directly addresses the situation, it takes precedence over the corresponding Civil Code rule.
Formal requirements under ordinary donation rules
Because the Civil Code's ordinary donation rules apply, a donation propter nuptias is subject to the same formal requirements as any other donation under that Code. A donation of immovable property must be in a public instrument specifying the property donated and the value of charges the donee must pay. A donation of movable property worth more than five thousand pesos must be in writing. Failure to comply with the required form means the donation is void. The prospective spouses — and anyone making a gift to them in consideration of the marriage — should ensure their instruments are properly executed.
Practical significance
Donations propter nuptias include gifts from the prospective spouses to each other, as well as gifts from third persons — parents, grandparents, friends — made in consideration of the marriage. The Civil Code baseline means that a challenge to the validity or enforcement of such a donation will typically begin with the ordinary donation rules. Whether the family code modifications apply to a particular dispute, and how they interact with the Civil Code baseline, depends on the specific facts of the gift and the status of the marriage. Either way, the starting framework is the Civil Code's Title III.
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. Juan and Antonia Cano, et al. vs. Sps. Arturo and Emerenciana Cano/Sps. Juan Cano and Antonia Soriano-Cano vs. Sps. Arturo Cano and Emerenciana Decasin, G.R. No. 188666 / G.R. No. 190750, December 14, 2017 — read the decision on LawPhil →