V. DISCUSIÓN
V.5. League of Rays
A:
1. Things that are without an owner – res nullius; abandoned
Note: Stolen property cannot be subject of occupation
2. Animals that are the object of hunting and fishing
3. Hidden treasure 4. Abandoned movables.
Q: May a person acquire ownership over a wild animal by occupation?
A: Wild animals are considered res nullius when not yet captured. After its capture, animals that escaped become res nullius again.
Q: When can land be the object of occupation?
A: It depends.
1. If without an owner, it pertains to the State (Regalian Doctrine).
2. If abandoned and the property is private, it can be the object of occupation.
3. And if the land does not belong to anyone is presumed to be public.
155
U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
B. DONATION 1. DEFINITION
Q: What is donation?
A: It is an act of pure liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it. (Art. 725, Civil Code.) Q: What are the requisites of donation?
A: ACID
1. Donor must have Capacity to make the donation
2. He must have donative Intent (animus donandi)
3. There must be Delivery
4. Donee must Accept or consent to the donation during the lifetime of the donor and of the donee in case of donation inter vivos (Art. 746, NCC);
whereas in case of donation mortis causa, acceptance is made after donor’s
death because they partake of a will (Art. 728, NCC)
Q: What are the essential features or elements of a true donation?
A:
1. Alienation of property by the donor during his lifetime, which is accepted 2. Irrevocability by the donor of the
donation
3. Animus Donandi (donative intent) 4. Consequent impoverishment of the
donor (diminution of his assets)
Q: What rules govern donations of the same thing to different donees?
A: These are governed by provisions on double sale as set forth in Article 1544. (Art. 744, NCC)
Note: If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith (Art. 1544, Civil Code)
OBJECT OF DONATIONS Q: What may donation cover?
A: Donation may cover all present property.
Donations cannot comprehend future property.
(Art. 751, NCC)
Q: Can future inheritance or the inchoate right to inherit be donated?
A: No, because it is future property.
Q: May property, the acquisition of which is subject to suspensive condition be donated?
A: Yes, because once the condition is fulfilled, it retroacts to the day the contract is constituted.
(Art. 1187 par 1, NCC)
Q: May ownership and usufruct of property be donated to different persons separately?
A: Yes, provided all the donees are living at the time of donation. (Art. 756, NCC)
Q: Is there a limitation on the amount that can be donated?
A:
1. If the donor has forced heirs he cannot give or receive by donation more than what he can give or receive by will.
2. If the donor has no forced heirs, donation may include all present property provided he reserves in full ownership or in usufruct:
a. the amount necessary to support him and those relatives entitled to support from him.
b. property sufficient to pay the donor’s debt contracted prior to the donation.
2. CHARACTERISTICS
A. EXTENT TO WHICH DONOR MAY DONATE PROPERTY
Q: Up to what extent may a donation cover?
A: It may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. (Art. 750, NCC)
Q: Can future properties be subject of donation?
A: No, donations cannot comprehend future properties
Note: Future property means anything which the donor cannot dispose of at the time of the donation.
(Art. 751, NCC)
B. RESERVATIONS AND REVERSIONS Q: What is the effect if the donor violates the requirement for reservation under Article 750?
A: A donation where the donor did not reserve property or assets for himself in full ownership or in usufruct sufficient for his support and all relatives legally dependent upon him, is not void.
It is merely reducible to the extent that the support to himself and his relatives is impaired or prejudiced. (Pineda Property, p. 571, 1999 ed) Q: What is reversion in donation?
A: It is a condition established in the deed of donation which has for its effect the restoration or return of the property donated to the donor or his estate or in favor of other persons who must be living at the time of the donation for any cause or circumstances. (Art. 757)
Note: If the reversion is in favor of other persons who are not all living at the time of the donation, the reversion stipulated shall be void, but the donation shall remain valid.
3. KINDS Q: What are the kinds of donation?
A:
1. According to motive or cause: SRMO a. Simple
b. Remuneratory (1st kind) c. Remuneratory (2nd kind):
Conditional or Modal donations d. Onerous donations
2. As to perfection or extinguishment:
a. Pure
b. With a condition c. With a term 3. According to effectivity:
a. Inter vivos (Art. 729, Civil Code) b. Mortis Causa (Art. 728, Civil Code) c. Propter Nuptias
Q: Discuss the kinds of donation according to motive or cause?
A:
157
U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
PURPOSE FORM
Simple
pure liberality same to that of forms in donations Remuneratory (1st kind) to reward past services
provided the services do not constitute a demandable debt.
same to that of forms in donations Remuneratory (2nd kind)
1. reward future services; or 2. because of
future charges or burdens, when the value of said services, burdens, or charges is less than the value of the donation.
1. Onerous – same form of that of contracts 2. Gratuitious –
same form of that of donations
Onerous Burdens, charges or services are equal in value to that of the
donation.
same as that of contracts
Q: Discuss the kinds of donation according to motive or cause?
A:
1. Pure donation – is one which is not subject to any condition
2. Conditional – is one wherein the donor imposes on the donee a condition dependent on the happening of a future event or past event unknown to the parties.
3. With a Term – is one wherein the donor imposes on the donee a condition dependent upon the happening of a future and certain event.
A. DONATION INTER VIVOS Q: What are the limitations imposed by law in making donations inter vivos?
A: RFM
1. Donor must Reserve sufficient means for his support and for his relatives who are entitled to be supported by him (Art. 750, NCC)
2. Donation cannot comprehend Future property except donations between future husband and wife (See Art. 84 FC)
3. No person may give by way of donation More than he may give by will
B. DONATION BY REASON OF MARRIAGE
Q: What are donations by reason of marriage or donations propter nuptias (DPN)?
A: Those donations which are made before the celebration of the marriage, in consideration of the same, and in favor of one or both parties.
Q: What are the grounds for filing an action for revocation of a DPN?
A:
1. Marriage is not celebrated 2. Marriage is judicially declared void 3. Marriage took place without consent of
parents, when required by law
4. Marriage is annulled and donee acted in bad faith
5. Upon legal separation, donee being the guilty spouse
6. Donation subject to resolutory condition and it took place
7. Donee committed an act of ingratitude C. DONATION MORTIS CAUSA
Q: What is donation mortis causa?
A: These are donations which are to take effect upon the death of the donor.
NOTE: it partakes of the nature of testamentary provisions and governed by the rules on succession.
(Art. 728, NCC)
Q: Distinguish donation inter vivos from donation mortis causa.
A: