Art. 132. A donation by reason of marriage is not revocable, save in the following cases:
(1) If it is conditional and the condition is not complied with;
(2) If the marriage is not celebrated;
(3) When the marriage takes place without the consent of the parents or guardian, as required by law;
(4) When the marriage is annulled, and the donee acted in bad faith;
(5) Upon legal separation, the donee being the guilty spouse;
(6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. (1333a)
Discussion:
The above article enumerated the grounds for the revocation of a donation propter nuptias.
In no. 1 of the above condition is not complied with. The condition is now made resolutory for in the Civil Code, only the word “condition” was mentioned which could not possibly be a assumption condition. If it were a suspensive condition, there would nothing to revoke because the condition was not complied with.
In no. 1 of the above condition is not complied with. The condition is now made resolutory for in the Civil Code, only the word “condition” was mentioned which could not possibly be a assumption condition. If it were a suspensive condition, there would nothing to revoke because the condition was not complied with.
In no. 2 of the above article, stated “if the marriage is not celebrated”. If the marriage is not celebrated, the donations would be revoked merely, not automatically revoked.
In no. 3 of the above article, it says that “when the marriage takes place without the consent of the parents or guardian, as required by law”.
In no. 4 of the above article, says that “when the marriage is annulled, and the donee acted in bad faith”. On the annulment of a marriage, the donations propter nuptias may be revoked if it was the donee who had acted in bad faith, not if the done, had been in good faith, in which case the donation shall remain valid even if an action to revoke the same had been brought because the said action would fail.
In no. 6 of the above article says that “when the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general”.
The grounds for revocation of the donation by the donor by reason of ingratitude as set fort in Article 765, Civil Code, are the following:
- If the donee should commit some offense against the person, the honor or the property of the donor , or of his wife or child under his parental authority;
- If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the acts has been committed against the donee himself, his wife or child under his authority;
- If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.
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