Short answer. No, the donation is not void. Article 727 says that in simple and remuneratory donations, illegal or impossible conditions shall be considered as not imposed. The condition is disregarded, but the gift itself stands — the donee keeps the donation free of the bad condition, rather than losing it because of one.
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 condition falls away, the gift survives
Article 727 gives a short but decisive rule: illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. Attaching a condition the donee can never fulfill, or one the law forbids, does not pull the whole donation down with it. The law treats the offending condition as if it had never been written, and the donation takes effect as an unconditional gift. So a donor who burdens a gift with an impossible requirement does not thereby cancel the gift; he simply fails to impose a valid condition, and the donee ends up owning the thing free of it.
Which donations this covers
The rule is written for two kinds of donations. A simple donation is one made out of pure liberality — a gift given for nothing in return. A remuneratory donation is one made to reward the donee for past services or merit that did not amount to a legally demandable debt. For both of these, an illegal or impossible condition is simply ignored. The common thread is that these donations rest on the donor's generosity rather than on a bargained exchange, and the law protects the donee's expectation by preserving the gift and discarding only the invalid strings attached to it.
Donations with a burden are treated differently
It matters that Article 727 names only simple and remuneratory donations. A donation with an onerous cause — one imposed as a genuine burden or exchange, where the donee gives or does something of value in return — is governed by the rules on contracts rather than by this donation rule. Under contract principles, an impossible condition can have a different and more serious effect on the arrangement. So before assuming an impossible condition is harmlessly erased, identify what kind of donation you made. The comfortable rule that the gift survives and the condition is ignored applies to gifts of liberality and reward, not to donations structured as a real burden.
What still binds the donee
Striking an impossible condition does not strip a donation of every string. Conditions and charges that are lawful and capable of being performed remain fully effective, and the donee must comply with them to hold the gift securely. Article 727 removes only conditions that are illegal or impossible; it does not turn every conditional gift into an unconditional one. Nor does it rescue a donation that is invalid for some separate reason — for instance, one that fails to meet the form the law requires for that type of gift. Its role is limited: neutralize the bad condition so it cannot defeat an otherwise valid donation.
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 →