Article 133, Chapter 2: Civil Code of the Philippines

Art. 133. Every donation between the spouses during the marriage shall be void. This prohibition does not apply when the donation takes effect after the death of the donor. Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (1334a) 
 

What are the bases of marriage void?

               Marriage void are those contracted by any party below 18 years of age even with the consent of parents or guardians, those solemnized by any person who are not legally authorized to perform marriage unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so, those contracted through mistake of one contracting party as to the indentify of the other, and the last are subsequent marriage are void.

               As stated in the above article the prohibition does not apply when the donation takes effect after the death of the donor meaning it shall only apply to the persons who are living together as husband and wife.

              There are reasons for the general prohibition of donations between spouses, first is to protect creditors, to prevent the weaker spouses from being influence by the strong spouses and to prevent an indirect violation of the rule prohibiting modifications of the marriage settlement during the existence of the marriage.

               Moderate donations or gift between spouses are valid, if it will be given on the occasion of a family rejoicing.

               Although the donation is void, not everybody can assail its validity. Only those prejudiced by the transfer may take advantage of the fact that the donation is void.

Example:

              Rafael brought an automobile for a gift of his wife Kristina on her birthday, it was subsequently insured for P 3,000. When the car was later completely damaged and destroyed, Kristina sought to recover the insurance indemnity, but the insurer pleaded in defense that Kristina had no insurable interest in the car. Now, the donation or gift by her husband Rafael is being void.

Article 132: Chapter 2 of the Civil Code of the Philippines

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)

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. This suspensive condition means ----------------

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 place without the consent of the parents or guardian, as required by law”.

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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. 5 of the above article, stated that “upon legal separation, the donee being the guilty spouse.”

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”

Article 131: Chapter 2 of the Civil Code of the Philippines

Art. 131. The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. (1332a) 

           A donation propter nuptias is valid even if the property is already subject to encumbrances such as mortgage, the encumbrance shall be respected and in case of foreclosure, the donee is not responsible for the deficiency as the above stated.

Example:

            A parcel of land mortgage for P100, 000 in favor of a bank was donated to Anna, a future husband of Henry. Unfortunately, the donor-debtor was unable and cannot pay the mortgage debt when it matured and the land was sold during the foreclosure sale. If the selling price is different from the debt of P100, 000, what was happening in case of a deficiency or excess?

            It was already stated in the above article that the done shall be liable for the deficiency, but in the case of a excess, done is entitled to the said excess.

Article 130: Chapter 2 of the Civil Code of the Philippines

Art. 130. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. (1331a) 

             A future spouse may agree on the property relations during their marriages. a man and a woman who are planning to get married may enter into a contract defining or providing for their property relations during their marriage and we call it prenuptial agreement or marriage settlement. 

What is prenuptial agreement or marriage settlement? 

             Prenuptial agreement or marriage settlement is a property in view and in consideration of marriage.

            The future spouses may donate future property to each other, but this shall be governed not by rules on ordinary donations but by the provisions of testamentary succession and formalities of wills. This testamentary succession determined in accordance with the provisions of a lawful will and the applicable rules of law.

Example:

            The future spouses donated to each other in their marriage settlement one-fourth of their respective properties. Now, here is the question, Will the donations be reduced?

            If their property regime is that of absolute community of property, meaning no reduction will be made, because it is pointless to make donations between the spouses due to nature of the regime. Otherwise, the donations will be reduced to one-fifth.

Article 129: Chapter 2 of the Civil Code of the Philippines

Art. 129. Express acceptance is not necessary for the validity of these donations. (1330)

Article 128: Chapter 2 of the Cilvil Code of the Philippines

Art. 128. Minors may make and receive donations in their ante-nuptial contract, provided they   are authorized by the persons who are to give their consent to the marriage of said    minors. (1329a) 

              This minor that has been said are allowed to receive donations in their ante-nuptial contract as long as they are authorized by their guardian or parents to give their consent. This minor that we are taking about are those who are under eighteen years of age but below twenty-one years old. Before a minor get to married, he or she needs to have parental consent. This parental consent or parents consent is very significant because the child or the minor cannot do anything with their authority. They cannot even use their property until they reach the right age and without the permission of their parents. There guidance should always present because they are the one who is responsible in disciplining their child and they are the primarily designated by the law or statute to give consent to the minors. They are also obliged to sign on the marriage settlement or in a contract in order for the marriage to be valid.

Article 127: Chapter 2 of the Cilvil Code of the Philippines

Art. 127. These donations are governed by the rules on ordinary donations established in Title        III  of Book III, except as to their form which shall be regulated by the Statute                        of  Frauds; and insofar as they are not modified by the following articles. (1328a)

            Under the above article of Civil Code of the Philippines, the donations by reasons of marriage were governed by the rules or ordinary donations except as to form which the statute of frauds shall regulate. This statute of frauds refers to statutory provisions that require certain kinds of contracts to be set out in writing in order for them to be enforceable.

            This donation by reason of marriage are governed, including as to form, by the rules on ordinary donations qualified, by the words “insofar as they are not modified by the following article” (article 84 to 87). The donation of personal property beyond in value of P5,000 for example must appear in writing and acceptance thereof must be writing otherwise the donations is void or invalid.

             Generally, all rules on ordinary donations would apply to all donations propter nuptias.

For example:

             A donations propter nuptias of land must be in a public instrument in order to be valid. To be valid a donations propter nuptias must be accepted, for no one may be required to accept the generosity of another.

Article 126: Chapter 2 of the Civil Code of the Philippines

Main topic:      DONATIONS BY REASON OF MARRIAGE

Art. 126. Donations by reasons 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. (1327)

            These donations of marriage between the two couple are those which are made before their celebration, these donations are also called dowry. This dowry means a bride purchase or bride price. It is a gift from the groom’s parents to those of the bride. These dowries have a different kind and each of them has a gift or donations contains. One of this dowries are the BIGAY-KAYA which consist of land, gold, or dependent, the PANGHIMUYAT, a certain amount of money to be given to the bride to his parents as payment for the mother’s effort in rearing the girl to womanhood, the BIGAY-SUSO which refers to the bride to be given to the girls wet-nurse who feed the bride during her infancy with milk from her breast, the HIMARAW with sum of money to be given to the girl’s parent as reimbursement for the amount spent in feeding the girls during infancy and the last is the SAMBON, a kind of dowry to be given to the girls relatives.

            Furthermore, these wedding gifts are also called donations propter nuptials, “propters” means before, but not all gifts are donations propter nuptias, because wedding gifts may come after the celebration of the marriage. 

             There are for a conditions valid donations propter nuptias, first it must be made before the celebration of the marriage, it must be made before in consideration of the same and the last is made in favor of one and both of the future spouses. If one of these conditions is not complied with, it may still be considered and valid as an ordinary donation.

Example:

           Before the marriage of John and Andrea, John made a donation in a public instrument, in favor of his wife Andrea, with the conditions that should Andrea fie before him and if God will not bless their union with any child, ½ of the properties donated shall be given to the natural guardian of Andrea, those person who had raised and taken care of her in token of John’s love to her.

           Nine months after their wedding, sad to say Andrea died without issue. In this situation her natural guardians may now claim the ½ shared given to them to died person. But it is not easy as that because donations could hardly be considered a donation inter vivos (legal term referring to a transfer or gift made during one's lifetime, as opposed to a testemantary transfer (a gift that takes effect on death) because it was never accepted by the donee either in the same instrument of donations or in a separate document as required by the law, in other words there was no acceptance on the part of the said natural guardians. The donations could be categorized or considered as a donation mortis causa (Latin word, meaning "gift on the occasion of death") is a gift made during the life of the donor which is conditional upon, and takes effect upon death) because the deed of the donation did not have the formalities of a will aside from the fact that the donee is still alive.