Text of the provision
Art. 86. 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;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.
(132a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
A donation "by reason of marriage" is given in contemplation of a marriage, so the law lets the donor take it back when the marriage fails or the donee proves undeserving. Article 86 lists the six grounds: the marriage never happens or is void (1); it is celebrated without required parental consent (2); it is annulled and the donee was in bad faith (3); legal separation where the donee is the guilty spouse (4); a resolutory condition is fulfilled (5); or the donee commits an act of ingratitude under the Civil Code (6).
Note the carve-out in (1): donations made in the marriage settlements themselves are governed instead by Article 81, not this article. Revocation here is a right the donor must exercise; it is not automatic.
Related provisions
- Article 85 — validity of donations of encumbered property.
- Article 87 — the separate ban on donations between the spouses.
Cases interpreting this article
- Authorities on the Article 86 grounds for revoking donations propter nuptias will be added here as each is verified against primary sources.