Short answer. No. Article 769 states plainly that the action granted to the donor by reason of ingratitude cannot be renounced in advance. Even if you and the donee agree beforehand that you will never revoke for ingratitude, that agreement would not bind you once an actual act of ingratitude occurs.
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 →
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 →
Advance renunciation is expressly barred
Article 769 leaves no room for negotiation on this point: the action granted to the donor by reason of ingratitude cannot be renounced in advance. Whatever you and the donee might put in writing before any act of ingratitude has occurred, a clause promising you will never seek revocation for ingratitude would not hold up. The law treats this protection as something a donor cannot sign away ahead of time, no matter how willingly both sides agreed to the waiver when the donation was made.
Why the law refuses to let this be waived early
The rule against advance renunciation exists because a donor agreeing to give up this protection before anything has happened cannot really know what they are giving up. Ingratitude covers serious misconduct by the donee against the donor, and allowing a blanket waiver signed at the time of the gift would let a donee extract that protection away as a condition of receiving the donation, before the donor has any concrete reason to weigh the risk. The law keeps the option open until there is something real to decide about.
You can still lose the right through delay
Even though the right cannot be waived in advance, it is not indefinite once an act of ingratitude actually happens. Article 769 sets a firm deadline: 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. So while a donee cannot get you to promise away this right beforehand, you can still lose it afterward simply by waiting too long once you learn of the act and are in a position to act on it.
What this means practically
If a donee ever asks you to sign something waiving your right to revoke for future ingratitude, that clause would not be enforceable against you under Article 769, whatever it says. What does matter, once an act of ingratitude actually occurs, is acting within the one-year period the article sets, counted from when you learned of the act and were able to bring the action. Losing that window through inaction, rather than any advance waiver, is the real risk to watch for.
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 →