A donation, once perfected and accepted, generally transfers ownership, but the law allows it to be revoked or reduced in specific cases. A donation may be revoked for ingratitude when the donee commits an offense against the person, honor, or property of the donor, imputes to the donor a criminal offense or an act involving moral turpitude, or unduly refuses the donor support when the donor is in need. A donation may also be revoked or reduced for non-fulfillment of the conditions or charges the donor imposed. Additionally, a donation may be revoked or reduced on the birth, appearance, or adoption of a child of the donor after the donation, in the cases the law provides. Finally, donations that are inofficious — that exceed what the donor could give by will because they impair the legitime of compulsory heirs — are reduced to the extent of the excess. The action to revoke generally has a prescriptive period, and revocation for ingratitude cannot be renounced in advance.
“A gift is a gift” — usually. But the law allows a donation to be revoked or reduced in specific cases.
Revocation for Ingratitude
A donation may be revoked for ingratitude when the donee:
- Commits an offense against the person, honor, or property of the donor;
- Imputes to the donor a criminal offense or an act involving moral turpitude; or
- Unduly refuses the donor support when the donor is in need.
The right to revoke for ingratitude cannot be renounced in advance.
Non-Fulfillment of Conditions
If the donor imposed conditions or charges, and the donee fails to comply, the donation may be revoked or reduced for non-fulfillment.
Birth, Appearance, or Adoption of a Child
A donation may also be revoked or reduced on the birth, appearance, or adoption of a child of the donor after the donation, in the cases the law provides — recognizing that the donor's family circumstances changed.
Inofficious Donations
Donations that are inofficious — that exceed what the donor could give by will because they impair the legitime of compulsory heirs — are reduced to the extent of the excess. This protects the reserved shares of heirs.
Practical Takeaways
- A donation can be revoked for ingratitude (offense against the donor, false imputation, or refusing support);
- It can be revoked or reduced for non-fulfillment of conditions or the birth/adoption of a child;
- Inofficious donations are reduced to protect the legitime — and the action to revoke has a prescriptive period.
Frequently Asked Questions
Can a donation be taken back? Yes, in specific cases. A donation may be revoked for ingratitude, for non-fulfillment of the conditions the donor imposed, or on the birth, appearance, or adoption of a child of the donor after the donation.
What counts as ingratitude? When the donee commits an offense against the person, honor, or property of the donor, imputes a criminal offense or act of moral turpitude to the donor, or unduly refuses the donor support when the donor is in need.
What is an inofficious donation? A donation that exceeds what the donor could give by will because it impairs the legitime of compulsory heirs. Such a donation is reduced to the extent of the excess to protect the reserved shares.
Is there a deadline to revoke a donation? Yes. The action to revoke generally has a prescriptive period. Note also that the right to revoke for ingratitude cannot be renounced in advance.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.