Sunday, October 23, 2016

A VALID DONATION ONCE ACCEPTED BECOMES IRREVOCABLE

A valid donation, once accepted, becomes irrevocable, except on account of officiousness, failure by the donee to comply with the charges imposed in the donation, or ingratitude.[19]

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Art. 765 The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases: (1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority. (2) 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 act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.

[22] Article 769. The action granted to the donor by reason of ingratitude cannot be renounced in advance. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action.


SECOND DIVISION

[ G.R. No. 111904, October 05, 2000 ]

SPS. AGRIPINO GESTOPA AND ISABEL SILARIO GESTOPA, PETITIONERS, VS. COURT OF APPEALS AND MERCEDES DANLAG Y PILAPIL, RESPONDENTS.

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