Question A.5, 2019 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

A.5.

(Question A.5, Civil Law, 2019 Bar Exam)

X and Y were in a live-in relationship for the longest time, and were already blessed with a child, Z. They finally decided to get married on March 15, 2020. When X’s parents found about the news, they were thrilled and thus, donated in favor of Z, the family heirloom, particularly, a gold ring valued at ₱250,000.00, which X and Y orally accepted on behalf of their minor child. One day, X and Y got into a serious quarrel, which resulted in them setting aside their marriage plans.

(a) Is the donation to Z valid? Explain. (3%)

(b) Assuming that the donation to Z is valid, may X’s parents revoke the donation on the ground that the marriage of X with Y did not push through? Explain. (3%)

Suggested Answer:

(a) No. Answer

Under the Civil Code, if the value of the personal property donated exceeds five thousand pesos (Php5,000.00), the donation and the acceptance shall be made in writing, otherwise, the donation shall be void. Rule

In the case at bar, the value of the gold ring is Php250,000.00. To be valid, the donation and acceptance should have been made in writing. Apply

Thus, the donation to Z was not valid. Conclusion

(b) No. Answer

Under the Family Code, donation property nuptias or 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. On the other hand, under the Civil Code, ordinary donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Rule

In the case at bar, an ordinary donation was made, and not a donation propter nuptias. The donation was made in favor of Z, the child of X and Y. The donation was not made in favor X nor Y, which is a requirement for a donation propter nuptias. Apply

Thus, X’s parents may not revoke the donation on the ground that the marriage of X with Y did not push through. Conclusion

.. (Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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