Revocation, Conditions, and Prescription (Philippine Context)

1) What a “Deed of Donation” is under Philippine law

A deed of donation is the written instrument evidencing a donation—an act of liberality whereby a person (the donor) disposes gratuitously of a thing or right in favor of another (the donee), who accepts it. In the Philippines, the primary rules are found in the Civil Code provisions on Donations, with important overlays from the Family Code, property registration laws, succession rules, and tax rules.

A deed of donation is not merely a “paper.” The legal effect depends on:

Type of donation (inter vivos vs. mortis causa),
Object (movable vs. immovable; present property vs. future property),
Form and acceptance (strict requirements),
Donor/donee capacity, and
Conditions/burdens attached to the donation.

2) The direct answer: does a deed of donation “expire”?

As a rule, a deed of donation does not “expire” simply because time passes. Once a valid donation inter vivos is perfected (proper form + acceptance), ownership (or the donated right) generally transfers according to its terms, and it does not automatically lapse like a subscription or permit.

What does change with time are:

The ability to revoke or rescind the donation (because revocation actions can prescribe), and
The enforceability of conditions or related actions (also subject to prescription), and
Third-party protections (especially for registered land and innocent purchasers).

So the practical question is often not “expiration,” but whether the donation can still be attacked, revoked, reduced, or enforced—and whether a lawsuit is already time-barred.

3) Donations inter vivos vs. donations mortis causa (crucial distinction)

A) Donation inter vivos

Takes effect during the donor’s lifetime.
Generally irrevocable, except for specific grounds allowed by law (discussed below) or if the deed itself contains lawful resolutory conditions.

B) Donation mortis causa

Takes effect upon the donor’s death.
Governed by rules on wills and succession; it must comply with the formalities of a will.
It is essentially revocable anytime before death, like a will.

Common pitfall: Many documents are titled “Deed of Donation” but are mortis causa in substance (e.g., “ownership transfers only upon my death,” or donor keeps full control and can dispose freely). Such instruments may be invalid if not executed with will formalities.

4) When a donation becomes effective: perfection, acceptance, and form

A) Acceptance is not optional

A donation inter vivos is not perfected without acceptance by the donee. For many donations, acceptance must be in a particular form and timing.

B) Movable property

Rules depend on value:

If the donation is of a movable and the value is small, it may be valid even orally with simultaneous delivery (practically: handover + acceptance).
If above a statutory threshold, it generally requires a written instrument, and acceptance likewise must be in writing.

C) Immovable property (land, house, condo unit)

Donation of immovable property must comply with stricter rules:

Must be in a public instrument (notarized deed),
Must specify the property and the charges/burdens the donee must satisfy,
Acceptance must be in the same deed or in a separate public instrument,
If acceptance is in a separate instrument, the donor must be notified in authentic form, and the fact of such notice must be noted in the deed.

Registration note (important): Registration of the deed with the Register of Deeds is generally not what makes the donation valid between donor and donee, but registration is critical to:

Bind or affect third persons, and
Protect the donee’s title against later claims and dealings.

5) “Expiry” in practice: what people usually mean

When someone asks whether a deed of donation expires, they usually mean one of these:

Can the donor still revoke it?
Can heirs still challenge it after the donor dies?
Can the donee still register/transfer title years later?
If conditions were not followed, is it too late to enforce/revoke?
If the deed was defective, is it too late to nullify it?

The answers turn on revocation grounds, conditions, and prescription periods.

PART I — REVOCATION AND “UNDOING” A DONATION

6) General rule: donations inter vivos are irrevocable

The law favors stability of perfected donations. Revocation is allowed only in specific situations, including:

Revocation for non-compliance with conditions (donation with burden/condition)
Revocation for ingratitude
Reduction of inofficious donations (to protect legitimes of compulsory heirs)
Other statutory causes (e.g., certain situations involving donor’s future children, depending on the kind of donation and circumstances)

Also separate from “revocation” are:

Annulment (voidable donations due to vitiated consent/incapacity), and
Nullity (void donations due to illegality, lack of essential formalities, donation of future property, prohibited donations, simulated transfers, etc.).

7) Revocation for non-compliance with conditions (conditional or onerous donations)

A) What counts as a “condition” or “charge”

A donation may be:

Pure (no strings attached), or
With a burden/charge (also called onerous donation in a loose sense), e.g.:
- “Donee must support donor for life,”
- “Donee must not sell for X years,”
- “Property must be used as a family home,”
- “Donee must pay donor’s medical expenses,”
- “Donee must build a chapel/scholarship,” etc.

Not all “conditions” are enforceable; they must be lawful, possible, and not contrary to morals, public policy, or mandatory provisions.

B) Suspensive vs. resolutory conditions

Suspensive condition: donation takes effect only when the condition happens. If the condition never happens, ownership may never transfer (depending on drafting and delivery).
Resolutory condition: ownership transfers now, but the donation can be undone if the condition occurs or if a required act is not performed.

C) Remedy when donee violates the condition

If the donee fails to comply with the condition(s), the donor may seek revocation, typically through judicial action (especially if the donee refuses to return the property).

D) Effects of revocation for non-compliance

Generally, revocation aims to restore the parties to their pre-donation state:

Donated property may be returned to the donor,
Issues on fruits (rent, harvest, income) depend on timing and good/bad faith,
Transfers to third parties may be affected depending on registration/annotation and third-party good faith rules.

Practical land-title point: In disputes involving land, donors often need to protect the claim by annotating the adverse claim or lis pendens to prevent third parties from acquiring protected rights.

8) Revocation for ingratitude

A) What “ingratitude” means legally

The Civil Code allows revocation in specific cases of serious misconduct by the donee—commonly described as:

Donee committing an offense against the person, honor, or property of the donor (or closely related persons under certain provisions),
Donee imputing to the donor a crime or act involving moral turpitude (subject to legal standards),
Donee refusing to give support to the donor when legally required.

This is not about ordinary family conflict, “disrespect,” or mere falling-out. Courts treat ingratitude revocation as an exception and require proof of the statutory grounds.

B) Prescription (time limit) for ingratitude revocation

The Civil Code provides a short prescriptive period for actions based on ingratitude—commonly understood as one year from the time the donor learns of the act and can bring the action (because the law expects prompt assertion once the donor knows of the ingratitude).

Because prescription rules can be outcome-determinative, ingratitude-based revocation should be treated as time-sensitive.

C) Effect on third persons

Even if revocation is granted, the law generally protects third persons who acquired rights in good faith and without proper notice/annotation, particularly in registered land transactions. This is why annotation of claims is critical.

9) Reduction of inofficious donations (protection of compulsory heirs)

A) What is an “inofficious” donation

A donation is inofficious if it impairs the legitime reserved by law for compulsory heirs (e.g., legitimate children and descendants; in proper cases, legitimate parents/ascendants; and the surviving spouse, depending on the family structure).

A donor generally cannot give away, by donation, so much property that upon death there is not enough left to satisfy legitimes. The excess may be reduced.

B) When this becomes actionable

Reduction is typically asserted:

After the donor’s death, because legitime computations are made at the opening of succession, using rules on the estate mass, collation (when applicable), and valuation principles.

C) Does this mean the donation was “invalid” from the start?

Not necessarily. The donation can be valid inter vivos, but subject to reduction later to the extent it exceeds the disposable free portion.

D) Prescription considerations

In practice, reduction is often raised within estate settlement proceedings or related actions. The exact prescriptive framework can vary depending on how the claim is framed (estate settlement, reconveyance, partition, recovery of possession, etc.). What matters is that heirs are not automatically barred just because the donation was executed many years before death—the cause of action often ripens upon death and settlement dynamics.

10) Annulment vs. nullity: attacking the deed itself (separate from revocation)

A) Void (inexistent) donations

A donation may be void for reasons such as:

Failure to comply with essential form requirements (especially for immovables),
Donation of future property (generally prohibited),
Prohibited donations under family/public policy rules (e.g., certain donations between spouses during marriage, except permitted moderate gifts; donations in contemplation of illicit relations; etc.),
Absolutely simulated transactions masking prohibited transfers.

Actions to declare a void contract are generally imprescriptible as to the declaration of nullity, though recovery of property can involve additional rules (possession, title, third-party protections, laches in equity, and the Torrens system).

B) Voidable donations

A donation may be voidable if consent was vitiated (fraud, mistake, intimidation, undue influence) or if a party lacked capacity in a way that makes the act voidable. Voidable contracts are typically subject to a four-year prescriptive period from the time the cause is discovered or the defect ceases, depending on the ground.

PART II — CONDITIONS, REVERSION CLAUSES, AND DRAFTING CONSEQUENCES

11) Common conditions and whether they work

A) “No sale” or restraint on alienation

Absolute prohibitions on alienation can be problematic; limited restraints may be upheld if reasonable and consistent with law and public policy. Poorly drafted restraints can be struck down, leaving the donee freer than the donor intended.

B) “Donee must support donor”

This is common and generally enforceable if clearly defined:

Amount/standard of support,
Duration (e.g., donor’s lifetime),
Mode (cash allowance vs. direct payment),
What counts as breach.

Ambiguity creates litigation risk: courts may struggle to measure breach, and the donor may be left with a difficult evidentiary burden.

C) “Automatic reversion upon breach”

Parties often write: “If donee breaches, property automatically reverts.” Even with such language, if the donee refuses to return and title is already transferred/registered, judicial enforcement is usually needed to implement reversion in the public records and against resistance.

D) Reservation of usufruct or rights

Donors frequently reserve:

Usufruct (right to use/enjoy fruits) for life,
Right to possess until death,
Right to administer.

This can be valid and is often a practical middle ground, but the deed must be carefully structured to avoid accidentally becoming mortis causa (or creating contradictory rights).

12) If the deed is old: can the donee still register and transfer title?

Often yes, but with practical caveats:

If donation of immovable property was validly executed and accepted, the donee can generally pursue registration later.
However, delays can trigger complications:
- Loss of documents/tax declarations,
- Death of parties (making acceptance/notice issues contentious),
- Conflicting transfers,
- Heir disputes and adverse claims,
- Tax penalties/interest for late donor’s tax compliance (tax is separate from civil validity but can block registration processes in practice).

PART III — PRESCRIPTION (TIME BARS) IN A PRACTICAL FRAMEWORK

13) Key idea: different causes of action, different clocks

There is no single “expiration date” for a deed of donation. Prescription depends on what claim you’re bringing:

Revocation for ingratitude → commonly 1 year from knowledge and ability to sue (short fuse).
Revocation for breach of conditions → often treated like an action arising from a written contract/obligation; the prescriptive period analysis commonly points to longer periods (frequently discussed in practice under the 10-year framework for written contracts), counted from breach/refusal, but outcomes can depend on how the case is pleaded and the exact obligation violated.
Annulment of a voidable donation (vitiated consent, etc.) → typically 4 years under civil law rules, depending on the ground.
Declaration of nullity of a void donation → generally imprescriptible as to nullity, though recovery/possession and third-party rights may materially limit practical remedies.
Reduction of inofficious donations → usually arises upon the donor’s death; timing and prescriptive treatment depend heavily on the procedural posture (estate settlement vs. standalone civil action).

Bottom line: “Expired” is the wrong lens. The real question is: Which remedy, based on which ground, and when did that cause of action accrue?

PART IV — THIRD-PARTY RIGHTS AND THE TORRENS SYSTEM (WHY TIMING MATTERS)

14) Why an old donation can become hard to undo

Even if a donor (or heirs) has a valid ground, the remedy may be blunted if:

The donee sold the property,
A buyer relied on a clean title,
No adverse claim/lis pendens was annotated,
The buyer is protected as an innocent purchaser for value under land registration principles.

This is why disputes over donated land often turn on:

Whether the deed and acceptance were registrable and registered,
Whether notice of revocation action was annotated,
Whether subsequent buyers acted in good faith.

PART V — SPECIAL PHILIPPINE RULES THAT OFTEN AFFECT DONATIONS

15) Donations between spouses and family restrictions

Under the Family Code, donations between spouses during marriage are generally prohibited, subject to limited exceptions (e.g., moderate gifts on occasions of family rejoicing; and property regime nuances). Donations made in violation of these restrictions can be void.

Donations involving common-law relationships, paramours, or circumstances contrary to public policy can also be attacked depending on the facts and applicable provisions.

16) Donations vs. succession planning: why “Deed of Donation” is often used (and misused)

People use donations to avoid probate-like delays, but common errors include:

Treating the donation as a will substitute while keeping full control (risking mortis causa classification),
Skipping proper acceptance/notice formalities,
Donating more than the disposable free portion (creating future heir challenges),
Using conditions that are vague or unenforceable,
Ignoring registration and tax compliance until it’s too late and disputes arise.

PART VI — PRACTICAL CHECKLISTS

17) If you’re assessing whether an old deed of donation is still “effective”

Check:

Is it inter vivos or mortis causa in substance?
Was there valid acceptance in the proper form and timing?
For immovables: notarized public instrument + acceptance + donor notification (if separate)?
Was it registered, and what annotations exist on the title?
Were there conditions, and were they complied with?
Did any statutory ground for revocation arise, and when was it discovered?
Did third parties acquire rights in good faith?
Did the donation impair legitimes, setting up a future reduction claim?

18) If you’re drafting a deed of donation with conditions

Best practice concepts:

Define obligations with objective metrics (amount, frequency, duration).
State whether the condition is suspensive or resolutory.
Provide a clear breach-and-cure mechanism (notice, period to comply).
Address who bears taxes, transfer costs, and registration expenses.
Anticipate the Torrens/third-party problem: consider mechanisms to protect the donor’s reversionary interest where legally permissible (and registrable).

Conclusion

A deed of donation in the Philippines generally does not expire by mere passage of time. What changes over time is the availability of specific legal remedies—revocation for ingratitude (often with a very short prescriptive period), revocation for breach of conditions (subject to longer prescriptive analyses), annulment or nullity actions (with different rules), and post-death challenges like reduction of inofficious donations. The most decisive factors are the donation’s nature (inter vivos vs. mortis causa), compliance with strict formalities (especially acceptance), the presence and clarity of conditions, accrual of causes of action, and third-party rights under the Torrens system.