Donations by Reason of Marriage, A82-87 Family Code
1. Concept
Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (126)
1) Donation propter nuptias (by reason of marriage) – refers to donations or gifts given to either/both future spouses in consideration of or due to the upcoming marriage.
2. Donations by Reason of Marriage
a. Governing law
Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. (127a)
1) The Civil Code provisions on ordinary donations (Title III, Book IV) governs donations proper nuptias unless the Family Code provisions apply.
b. Donations before marriage between spouses
1) ACP Regime: N/A
1) If future spouses agree to an absolute community property (ACP) regime, donations between them before the marriage are useless as their assets and properties will eventually become community property upon celebration of their marriage.
2) Non-ACP Regime: 1/5 Limit on Donation
Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. x x x
1) When two people planning to marry decide to adopt a property arrangement different from the absolute community of property (like separation of property or conjugal partnership of gains), the law limits how much they can give each other through their marriage contract. Specifically, they are allowed to donate only up to 20% (one-fifth) of the property they already own at the time of the agreement. If they give more than this amount, the extra portion of the donation is automatically invalid — it will not have any legal effect. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 28 April 2025])
Example 1: Andrea and Lucas agreed before their wedding to follow a conjugal partnership of gains. In their marriage settlement, Andrea donated half of her current real estate holdings to Lucas. However, because the law only allows donations up to one-fifth of existing property, the transfer of anything beyond that limit was void. (Ibid.)
Example 2: Miguel and Bianca decided not to adopt the absolute community of property and instead chose separation of property. Miguel included in the marriage contract a donation of 30% of his company shares to Bianca. Under the law, only 20% could be validly given; the additional 10% donation had no legal effect. (Ibid.)
Example 3: Noah and Sofia, who were about to marry, entered into a marriage settlement establishing a conjugal partnership of gains. Sofia promised to give Noah 25% of her cash savings. Since the allowed donation is only up to one-fifth, the excess 5% could not legally be enforced. (Ibid.)
c. Donations during marriage
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. x x x
1) Prohibited/void – except moderate gifts
1) During a marriage, spouses are generally prohibited from giving each other donations or free benefits, whether done openly or in subtle ways. Any such transfer of property or advantage between them is considered legally void. However, there is an exception: spouses are allowed to exchange modest gifts during special family celebrations, like birthdays, anniversaries, or holidays. This rule also extends to couples who live together like husband and wife without being legally married — they, too, are barred from making donations to each other in this way. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Daniel and Mia, while married, attempted to transfer ownership of a beach house from Daniel to Mia without payment. Because the law forbids donations between spouses, the transfer was declared invalid, as it was not simply a moderate gift for a special occasion. (Ibid.)
Example 2: Ethan and Chloe, who lived together as common-law partners without marrying, tried to execute a donation of Ethan’s valuable artwork to Chloe. Even though they were not legally married, the prohibition still applied, and the donation was considered void. (Ibid.)
Example 3: During their wedding anniversary, Liam gave Emma an expensive diamond necklace. Since the law allows spouses to give each other reasonable gifts during family celebrations, this modest gesture was permitted — provided that the value was proportionate to their financial status and not excessive. (Ibid.)
2) Prohibition extends to common-law spouses
Art. 87.x x x The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (133a)
d. Donations of future property
1) Governed by testamentary succession and formalities of wills
Art. 84. x x x
Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (130a)
1) When a person wishes to donate property that they do not yet own or that does not yet exist (future property), such donation is not treated like an ordinary gift. Instead, the law considers it more like leaving something to someone in a will. Therefore, to be valid, the donation must comply with the rules and formalities required for wills and testamentary succession — meaning it must follow strict procedures, such as being properly witnessed and documented according to the standards set for making a last will and testament. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Carla promised to donate a piece of land she planned to inherit from her parents someday to her friend Nina. Since Carla did not own the land yet, the promise could only be valid if it was made following the formalities required for [last will and testament]. (Ibid.)
Example 2: Samantha decided that a future collection of artworks she would create over the years should go to her sister Elise. To ensure the donation was legally enforceable, Samantha executed a formal will that complied with all testamentary requirements, such as proper witnesses and notarization. (Ibid.)
3. Encumbrance on donated property
Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. x x x x
a. Foreclosures
1) Donee: No liability for deficiency
Art. 85. x x x In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. x x x
2) Donee: Entitled to excess
Art. 85. x x x If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (131a)
1) When someone donates property to another person because of marriage (such as giving a house or land as a wedding gift), the donation remains legally valid even if the property already has a mortgage, lien, or other burden attached to it. If later on, the creditor forecloses on the property and sells it for less than what is owed, the person who received the gift (the donee) is not responsible for paying whatever balance remains. However, if the property is sold for a price higher than the outstanding debt, the donee gets to keep whatever money is left over after the obligation has been settled. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Marco gave Anna a parcel of land as a gift in view of [her] marriage [to John], even though the land had an existing mortgage. When the lender foreclosed and sold the land for less than the loan amount, Anna was not required to pay the remaining debt. (Ibid.)
Example 2: James donated a condominium unit to his [friend] Sophia before [her] wedding. The condo was still under financing. When it was foreclosed and sold for more than the balance of the loan, Sophia was entitled to receive the surplus money after the loan was paid off. (Ibid.)
Example 3: Isabella received from her [uncle], Nathan, a farm property heavily burdened by debt as part of their marriage settlement. When the farm was auctioned and the sale amount fell short of covering the loan, Isabella was not legally obliged to shoulder the unpaid portion. (Ibid.)
4. Revocation of donation
a. Non-celebration of marriage or void ab initio
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; x x x
Related:Void Marriages, A35-44 Family Code
1) A donation made in connection with an upcoming marriage can be taken back by the person who gave it if the wedding never actually happens, or if the marriage is later declared null from the beginning by a court. However, this rule does not apply to donations included in a marriage settlement — those follow separate legal rules and are generally not revocable on these grounds. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Mr. Lim gave a car to Paolo as a wedding gift, expecting Paolo to marry Ella. When the wedding was called off, Mr. Lim had the right to revoke the donation because the marriage was never celebrated. (Ibid.)
Example 2: Ben transferred ownership of a commercial space to his sister Clarisse as a wedding gift. After the marriage was judicially declared void ab initio due to psychological incapacity, Ben was entitled to revoke the donation, provided it wasn’t part of any marriage settlement governed under Article 81. (Ibid.)
b. No consent of parents or guardian
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
x x x
(2) When the marriage takes place without the consent of the parents or guardian, as required by law; x x x
Related provision:
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; x x x
1) If someone gives a donation because two people are planning to get married, the person who gave the gift can later cancel it if the wedding happens without the legally required approval from the parents or guardian [for parties who are 18 years of over but below 21 years old]. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Carlos, a wealthy uncle, gifted a house to his 19-year-old niece Anna, believing she would marry her fiancé with the blessing of her parents. However, Anna [did not obtain such parental consent]. When Carlos learned of this, he revoked the donation, arguing that the marriage occurred without the necessary legal consent. (Ibid.)
Example 2: Don Luis gave a sum of money to his goddaughter Maria as a token of goodwill for her upcoming wedding. Since Maria was only 20 years old and her parents had objected to the marriage, she and her fiancé married [without the parental consent of Maria’s parents]. Because parental consent was required but not obtained, Don Luis decided to cancel the donation. (Ibid.)
Example 3: Tita Elenita, a family matriarch, donated a farm to her nephew Jorge as a gift for his marriage to a much older woman. Jorge, only 19 at the time, failed to secure his parents’ permission, which was required by law. Upon discovering this, Tita Elenita revoked the donation, stating that her generosity was based on the assumption of a lawful union. (Ibid.)
c. Annulled marriage
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
x x x
(3) When the marriage is annulled, and the donee acted in bad faith; x x x
Related: Voidable Marriages, A45 Family Code
1) If someone gives a gift in anticipation of a marriage, the donor has the right to cancel that gift later if two conditions are met: first, the marriage is annulled [i.e., voidable marriage declared void]; second, the person who received the donation (the donee) acted with dishonest intentions or behaved unfairly. “Bad faith” means the donee may have known the marriage wasn’t valid from the start or deliberately misled the other person or others involved. The law protects the donor from being taken advantage of in cases where the marriage falls apart due to the donee’s wrongful behavior. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Marco gave a parcel of land to Elena as a wedding gift when she married his son Julius. Later, the marriage was annulled after it was discovered that Elena [concealed her being a lesbian which existed long before their marriage]. Since Elena knowingly entered the second marriage with deception, Marco revoked the donation, citing her bad faith.
Example 2: Aunt Rosario gifted a large sum of money to her niece Clarisse upon her marriage to Leo. However, after just a few months, the marriage was annulled when it was proven that Clarisse [knowingly and willfully got married at 19 years old and deliberately falsified the consent of her parents]. Because Clarisse had acted in bad faith, Aunt Rosario withdrew her donation.
Example 3: Tito Ramon donated a car to Eric when Eric married Marian. A year later, Marian sought an annulment after discovering that Eric had hidden his [serious and incurable sexually transmissible disease]. The court granted the annulment and noted Eric’s deception. Tito Ramon revoked the gift, arguing Eric never entered the marriage honestly.
d. Legal separation
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
x x x
(4) Upon legal separation, the donee being the guilty spouse; x x x
Related: Legal Separation, A56 Family Code
1) If someone gives a gift in connection with a marriage, they can take it back later if the couple legally separates and the person who received the donation is the one at fault for the separation. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Lola Benita gifted a condo unit to her grandson Rico when he married Mara. A few years later, the couple legally separated after the court found that [Rico] had been consistently unfaithful. Since [Rico] was the one at fault and had received the property, Lola Benita exercised her right to revoke the donation.
Example 2: Uncle Jaime gave a car to Trina when she married his nephew Paolo. The marriage later ended in legal separation due to Trina’s [repeated physical violence or grossly abusive conduct against Paolo]. The court declared her the guilty party, so Uncle Jaime revoked the car gift, reasoning that her wrongdoing undermined the purpose of his generosity.
e. Resolutory Condition
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
x x x
(5) If it is with a resolutory condition and the condition is complied with; x x x
1) When a gift is given because of an upcoming or existing marriage, and the donation is tied to a specific condition that will cancel it if fulfilled (called a resolutory condition), the donor can revoke the gift once that condition actually happens. A resolutory condition is a future event that, if it occurs, automatically ends the legal effect of the donation. In this case, the gift remains valid until the condition is met — and when it is, the donor has the right to take the gift back. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Don Eduardo gave farmland to Victor on the condition that Victor would stay married to his daughter Luisa for at least 10 years. This condition was written in the donation as a resolutory clause. When Victor filed [and obtained an annulment] after only 3 years, Don Eduardo revoked the donation based on the agreed condition being met.
Example 2: Lolo Ernesto gave a business franchise to Arvin as a gift for marrying his granddaughter Nina, on the condition that Arvin would not engage in any romantic relationship outside the marriage. Two years later, Arvin was caught having an affair. Since the disloyalty activated the resolutory condition, Lolo Ernesto revoked the franchise.
f. Ingratitude
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
x x x
(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (132a)
1) If someone gives a gift because of a marriage, they are allowed to take it back if the person who received the gift (the donee) behaves in a way that shows deep disrespect or ungratefulness toward the donor. This kind of ingratitude is not just about being rude — it refers to serious actions outlined in the Civil Code, such as causing harm to the donor, accusing them of a grave crime without justification, or refusing to provide support when the donor is in need. These actions betray the generosity behind the donation, and the law gives the donor the right to revoke the gift as a consequence. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Tita Gloria gave a large cash gift to Nathan when he married her niece Jessa. Years later, when Gloria fell seriously ill and asked Nathan for help with her medical bills, he ignored her pleas and told her to stop bothering him. Because of his refusal to assist her in a time of need, she revoked the donation based on ingratitude.
Example 2: Mang Delfin donated a parcel of land to Mara when she married his only son. Years later, Mara filed a baseless criminal complaint against Delfin, accusing him of theft without any proof. Since the accusation was both false and damaging, Mang Delfin exercised his right to revoke the donation for her grave act of ingratitude.
Example 3: Don Rafael gave a car to Leo, the groom of his beloved granddaughter. However, Leo was later found to have physically assaulted Don Rafael during a heated argument. Because Leo committed a serious offense against the person who gifted him the car, Don Rafael revoked the donation as allowed by law.
2) A donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.1 On the part of the donor, it is an exercise of one’s generosity. However, on several occasions, instead of being accorded recognition and appreciation for this act of beneficence, the donor ends up as a victim of greed and ingratitude. (Sps. Eduarte v. CA, G.R. No. 105944, February 9. 1996, per Francisco, J.)
