Short answer. Yes. Under Article 86 of the Family Code, a donation given by reason of marriage may be revoked by the donor once legal separation has been decreed, if the donee spouse is the one found guilty. The revocation is a right you hold, not something that happens automatically.
What the law says
A donation by reason of marriage may be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; (2) When the marriage takes place without the consent of the parents or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in bad faith; (4) Upon legal separation, the donee being the guilty spouse
Family Code, Article 86 — Revoking Donations by Reason of Marriage. Read the full provision →
What counts as a donation by reason of marriage
A donation propter nuptias is a gift made before the wedding, in consideration of the marriage — typically from one future spouse to the other, or from a parent or third person to either of them. It is a distinct legal category from an ordinary gift given at any other point in the relationship, which is why the Family Code gives the donor specific grounds to take it back rather than leaving the gift's fate to general donation rules alone.
Legal separation and the guilty spouse
Article 86(4) lists legal separation, where the donee is the guilty spouse, as one of six grounds for revocation. "Guilty" here tracks the finding the court makes when it grants the decree of legal separation on one of the statutory grounds (such as abandonment, infidelity, or abuse) — it is that spouse, and not the other, whose fault opens the door to revocation. If both spouses were found at fault, or the case ended in a different way, this specific ground does not apply.
Revocation is not automatic
The decree of legal separation by itself does not undo the donation. Article 86 says the donation "may be revoked by the donor" — the right belongs to the donor, who must actually invoke it. Until the donor takes that step, the guilty spouse remains the owner of the property given. This matters for timing and for anyone dealing with the property in the meantime, since the donation stays valid unless and until it is set aside.
Other grounds worth knowing
The same article lists other situations that can justify revoking a donation propter nuptias: the marriage never taking place or being declared void from the start, marrying without required parental consent, an annulment where the donee acted in bad faith, a resolutory condition being fulfilled, or an act of ingratitude under the general Civil Code rules on donations. These are separate grounds from the legal-separation ground and turn on different facts, so which one fits depends on how the marriage actually ended.
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.
- Heirs of Cesario Velasquez, et al. vs. Court of Appeals, et al, G.R. No. 126996, February 15, 2000 — read the decision on LawPhil →
Related provisions
- Family Code, Article 86 — Revoking Donations by Reason of Marriage
- Family Code, Article 81 — Effect of the Marriage Not Taking Place on Settlements