Family war

Spouses Flavi and Vera had a beautiful life together. Their union produced three children. Their blissful togetherness was, however, cut short when Vera crossed to the great beyond. Years later, Flavi’s heart beat anew. He then married Tori, who bore him four children.

The family divide became all too evident when Flavi passed away. The children from the first marriage claimed that the two parcels of land were being possessed and retained by the children from the second marriage without any right thereto. The family feud led them to seek judicial succor.

The two families agreed to a partition of the first parcel. As to the second parcel, the court, after trial on the merits, awarded it to the children of the first family. The court found that that property has been donated propter nuptias to Vera in 1901 by Flavi, who was then admittedly the owner.

The children from the second family insist that the donation was void because it was not made in a public instrument.

Q: What is donation propter nuptias?

A: Donation propter nuptias, also known as 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. (Ar. 126 Civil Code)

Q: Must the donation propter nuptias be reduced in a public instrument?

A: Yes, in order that a donation of real property be valid it must be made by public instrument in which the property donated must be specifically described and the amount of the encumbrances to be assumed by the donee expressed. In fact, a donation propter nuptias of real property written on a private instrument is not valid even between the parties.

Q: Why is it necessary for it to be reduced in a public instrument?

A: A donation propter nuptias in order to be valid between the donor and the donee, need not be embodied in a public instrument as such formality is only necessary for registration purposes in the Office of the Register of Deeds so as to bind third persons.

Q: Is the donation void in this case? Who then owns the property?

A: Yes, it is void. Flavi continued to be the owner of the land as the donation had no effect. Upon his death, the land became the joint property of his children by the first and second marriage, subject of course to the rights of his surviving spouse, Tori.

(Guided by: Art. 126, Civil Code. Pacio v Billon, G.R. No. L-15088, Jan. 31, 1961)The author is Dean, Lyceum of the Philippines University; Chairman, Philippine Association of Law Schools; and founder, Mawis Law Office