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Property Title VII - Donations, Incapacitated by Will (740) - Covers…

- - - - B4. Inter Vivos - Takes effect independently of the death of the donor.
        
        Simple and Remuneratory
        
        Onerous or Modal
        
        Mixed - Resolution 1191
        
        a mixed donation is one which contains an onerous transaction. A sale of a thing for a price lower than its value, made in the nature of a semi-donation, is an example of mixed donation.
        
        Modal/Conditional - Where the donation is made in consideration of future services or conditions, the value of which is inferior than that of the donation. (Republic v. Silim)
        
        Onerous - Where there is a reciprocal obligation imposed upon the donee i.e. valuable consideration that is equal to or more than the thing donated. Note that to be an onerous donation, value of the burden must be less than the value of the donation.(Rescission)
        
        Unique - Onerous donations completely governed by the law on contracts. (Republic v. Silim)
        
        Onerous Contract - Bilateral obligations.
        
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        Simple/Pure - where the cause is plain gratuity or liberality.
        
        Remuneratory/Compensatory - one made for the purpose of rewarding a donee for past services rendered which do not amount to a demandable debt. Given out of a moral obligation.
        
        Onerous v. Remuneratory - Onerous conditions are not yet performed. Remuneratory have already been performed.
        
        Distinguished - Simple and remuneratory donations are governed by the law on donations.
        
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        Governing Rules - Formalities under NCC 748-749
        
        EXCEPT - when onerous, at which point rules on contracts apply.
        
        Donations Proper Nuptias FC 83 - Made before the celebration of the marriage, in consideration of the same and, in favor of one or both of the spouses.
        
        Revocation - Inter vivos, once accepted is irrevocable.
        
        Exceptions - resolutory conditions may be imposed to provide for revocation or, for conditions provided in NCC 760,764 and 765
        
        Provisions
        
        Jurisprudence - if the donor reserves the right to revoke the donation or right to dispose of properties donated, then there is no donation.
        
        Express Irrevocability - if the donation provides for express irrevocability, the donation is inter vivos.
        
        Exception - if the reservation to dispose is qualified i.e. revoke only if and when they need money. Donation is inter vivos. (Puig)
      - Governing Rules - NCC 728 provides that shall be governed by rules of succession.
      - Distinction from Inter Vivos
        
        Form - Mortis Causa must be in a last will. (728) Alejandro v. Geraldez
        
        Effectivity - time of effectivity is determined by the time the rights/ownership is transferred. Mortis causa is effective only upon death of the donee.
        
        Revocation - a donation mortis causa can be revoked anytime. Thus, if donation indicates that it is irrevocable, donation is inter vivos. (Puig v. Penaflorida)
        
        Disposition of Property - If the donated property is disposed by the donee, such dispositions are revocable at the option of the owner. Thus, only becomes final upon death of donor.
        
        Consideration - even if a donation is labeled mortis causa, if consideration is stated as for services rendered it is considered as remuneratory and thus inter vivos. (Concepcion v. Concepcion)
        
        Death of Donee - if donee dies before donor, donation is void. (Ganuelas v. Cawed)
        
        How Distinguished - By ascertaining intent, often from the provisions of the donation as to when the donor intended the donation to take effect.
        
        Controversy - When the donee's enjoyment is postponed until after the donor's death.
        
        Resolution - a donation is effective through intent. Thus, a suspensive condition can be imposed whereby a property has been already donated but enjoyment of the same is postponed until a set period.
        
        Check IF: There is a transfer of ownership AND if it is irrevocable AND no bad faith. If both yes, Donation Inter Vivos.
    - - Capacity to Donate
        
        C1. Capacity of donors - Must be capacitated at the time of the making of the donation. This refers to capacity to act. (735)
        
        C2. Capacity of donees - sufficient that the donee has juridical capacity. No need that they have capacity to act. So long as not specially disqualified.
        
        Those who were guilty of adultery or concubinage at the time of the donation;
        
        Those who were found guilty of the same criminal offense, if the donation is made in consideration thereof;
        
        Public officers or their spouses, descendants and ascendants, if the donation is made by reason of their office.
        
        Adultery or Concubinage - No previous criminal conviction is necessary. However, one party can raise defense of no knowledge of marriage of other party.
        
        Same Criminal Offense - First paragraph requires prior conviction. However, donations made in consideration of a crime are void even without prior conviction.
        
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        Time of Making of Donation - Conflicting views. Tolentino says perfection of donation. Thus, donor must have capacity at the moment the donor knows of the acceptance by the donee.
        
        Donation by Minors - Voidable. Unless, necessaries in which case binding. (1489)
        
        C3. Object - Future property cannot be donated. (751)
        
        C4. Formalities- refers only to donations inter vivos that are not onoreus. (NCC 748-749)
        
        Future property - includes all property that belongs to others at the time of the donation. This is because donation results in transfer of title upon perfection of the donation.
        
        Double Donations - Governed by the rules on double sale. (744)
        
        Donation of Movables - may be orally or in writing.
        
        Oral Donation - must be made with simultaneous delivery of the thing or document.
        
        Value Exceeding P5k - P5001 Donation and acceptance must be in writing, otherwise void. No need that it be simultaneous.
        
        Acceptance - If the value does not exceed P5k, acceptance may be made in any form.
        
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        Donation of Immovables - must be in a public document, specifying property donated and value of the charges that the donee must satisfy. (749)
        
        Acceptance - may be made in the same deed of donation or in a separate public document, but must be made during the lifetime of the donor.
        
        Separate Instrument - Donor must be notified in authentic form and such must be noted in both instruments. Constancia Authentica
      - D. Revocation - General rule, donation results in effective transfer of title over the property. Once accepted, irrevocable.
        
        E. Reduction - Covers reduction due to inofficious donations or subsequent appearance of children.
        
        Exceptions
        
        Inofficious Donations (752) - Contemplates donation in excess of what a person may give or receive by will. This impairs the legitime of the compulsory heirs, thus becoming inofficious.
        
        Subsequent Appearance Of Children (760) - Donations may be reduced or revoked in case of the following conditions: Note that all requires that the donor, at the time of donation either did not or believe that they did not have any descendants.
        
        Non-Fulfillment of Charges Imposed (764) - Refers to both obligations or charges imposed by the donor on the donee. This necessarily refers to onerous donations.
        
        Ingratitude (765) - Contemplates the following situations
        
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        Prescription - As onerous donations, prescribes in (10) years from the time the cause of action accrued.
        
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        (1) Donor, after donation should have legitimate, legitimated, illegitimate children even though they be posthumous.
        
        (2) The child of the donor who was believed to be dead turned out to be living
        
        (3) Donor subsequently adopts a minor child. - If non minor child, donation may only be reduced or revoked subject to 752, not 760
        
        Grounds for Revocation - these events does not automatically reduce or revoke the donation. Proper action must be filed, subject to prescription periods.
        
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        In 760, inofficiousness determined during the birth, appearance or adoption of the minor child.
        
        In 752, inofficiousness is determined at the time of death of the donor.
        
        Order of Determination - Validity under 760 can lead to reduction later under 752 but not the other way around.
        
        Prescription - (10) years from the death of the donor-decedent. (Imperial v. CA)
        
        Effects of Revocation/Reduction
        
        1. Return - Property affected shall be returned or, at-least its value if return is not possible. (762)
        
        2. Mortgage - Property mortgaged, donor may redeem the mortgage with a right to recover amount of payment from the donee. If it cannot be returned, price to be estimated at time of donation. (762)
        
        3. Fruits - Donee shall return the fruits of the property only from the time of the filing of the complaint. (768)
        
        EX: If the revocation is based upon noncompliance with any of the conditions imposed in the donation, the donee shall return not only the property but also the fruits thereof which he may have received after having failed to fulfill the condition
  - - - the essential reduction of the patrimony of the donor;
        
        the increase in the patrimony of the donee; and
        
        the intent to do an act of liberality or animus donandi
        
        Animus Donandi - Donative intent is presumed present when one gives a part of one's patrimony without consideration. (Abello v. CIR)
        
        Other motive - presence of other intentions, motives or purposes which do not contradict animus donandi means that the latter is not negated.
        
        Reduction and Increase - Mere animus donandi insufficient to carry out a donation. There must be a corresponding act that carries it out.
        
        Accretion - When a donation is made to several persons jointly, understood to be in equal shares and thus no right of accretion among them unless otherwise provided. (753)
        
        Exception - Donations made to the husband and wife jointly, here there is accretion.
        
        Multiple Donees - because there can be no accretion, in case of multiple donees all must accept in order for the donation to be valid and binding.
        
        Eviction - Generally, donor does not warrant the thing donated against eviction. (754)
        
        Exception -
        
        Donor is in bad faith, here also liable for hidden defects.
        
        Onerous donations, here donor liable up to the amount equal to the burden.
    - - Delivery - Donation is a unique contract. NCC 712 provides that ownership and rights can be transmitted without delivery. From the moment of perfection, donee becomes absolute owner.
        
        Perfection (NCC 725) - Acceptance perfects donation. The donation is perfected from the moment the donor knows of the acceptance by the donee. Anytime prior, the same can be revoked.
        
        Acceptance - The donor has the right to require conditions as regards to the time, place, quantity, mode of acceptance which must be complied with to be binding. However, they may not provide modes of acceptance different from those provided in 748-749. (1321)
        
        Mode of Acceptance - Donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power. (748-749)
        
        Non-compliance - No perfection of donation.
        
        Non-Perfection prior to death - if there is civil interdiction, insanity, or insolvency before acceptance is conveyed. (NCC 1323)

Incapacitated by Will (740) - Covers persons enumerated in Art. 1027 but NOT 1032.

The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period;

The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong;

Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;

A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid;

Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children;

Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a)