Text of the provision
Art. 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office. In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The LawPhil and ChanRobles renderings differ here by a single word; the text above is the reading carried by two of the three sources, confirmed against the Official Gazette.
What this article means
Three kinds of gift are void outright: those between people guilty of adultery or concubinage at the time; those between people convicted of the same criminal offence, given because of it; and those to a public officer, spouse, descendants or ascendants by reason of the office. For the first, the donor's or donee's spouse may sue to have it declared void, and the guilt may be proved in that same case.
Related provisions
- Article 736 — Guardians and Trustees Cannot Give It Away.
- Article 750 — Giving Away Everything You Own.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.