Text of the provision
Art. 764. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration laws. This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee's heirs.
(647a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The donor may have the donation revoked when the donee fails to comply with the conditions imposed. The property returns to the donor and the donee's alienations and mortgages become void, subject to the protection third persons enjoy under the Mortgage Law and the land registration laws. The action prescribes in four years from the non-compliance, passes to the donor's heirs, and may be brought against the donee's heirs.
Related provisions
- Article 759 — Donations In Fraud Of Creditors.
- Article 765 — Revocation For Ingratitude.
Cases citing this article
- Edgardo D. Dolar vs. Barangay Lublub (Now P.D. Monfort North) of the Municipality of Dumangas, herein represented by Its Punong Barangay, et al, G.R. No. 152663, November 18, 2005 — read the decision on LawPhil →
- Camarines Sur Teachers and Employees Association, Inc., represented by its President, Dr. Antonio A, G.R. No. 199666, October 7, 2019 — read the decision on LawPhil →
- Socorro T. Clemente, as substituted by Salvador T. Clemente vs. Republic of the Philippines, G.R. No. 220008, February 20, 2019 — read the decision on LawPhil →
- The Secretary of Education vs. Heirs of Rufino Dulay, Sr., et al, G.R. No. 164748, January 27, 2006 — read the decision on LawPhil →
- Zamboanga Barter Traders Kilusang Bayan, Inc. etc. vs. Hon. Julius Rhett J. Plagata, et al, G.R. No. 148433, September 30, 2008 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.