In Philippine law, a deed of donation transfers ownership of property gratuitously and is governed primarily by the Civil Code of the Philippines. While donations are favored, they are not perpetually irrevocable. Specific statutory grounds allow revocation, after which the donor regains full rights over the property. Any person occupying the property without legal title or right thereafter becomes an illegal occupant subject to eviction. The interplay between revocation and eviction restores the donor’s dominion and prevents unjust enrichment or continued wrongful possession.

I. Nature and Requisites of a Valid Deed of Donation

Article 725 of the Civil Code defines donation as “an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.” For the donation to be valid, the following must concur: (1) capacity of the donor and donee; (2) intent to donate (animus donandi); (3) delivery, actual or constructive; and (4) acceptance by the donee.

Donations of immovable property require a public instrument and must be accepted in the same deed or in a separate public instrument (Article 748). To affect third persons, the deed must be registered with the Registry of Deeds under the Property Registration Decree (P.D. 1529). Donations may be inter vivos (effective during the donor’s lifetime) or, in limited form, propter nuptias under the Family Code. Once perfected and registered, title passes to the donee, but the donor retains the power to revoke under the grounds provided by law.

II. Grounds for Revoking a Deed of Donation

Revocation of a donation inter vivos may be demanded by the donor (or, in proper cases, his heirs) on the following exhaustive grounds under the Civil Code:

A. Revocation by Reason of Ingratitude (Article 765)
The donation may be revoked when the donee commits any of the following acts:

An offense against the person, honor, or property of the donor, or of the donor’s spouse or children under parental authority;
Imputation to the donor of any criminal offense or act involving moral turpitude, even if the imputation is proven true, unless the offense was committed against the donee, his spouse, or children; or
Undue refusal to support the donor when the donor is in need of such support.

The action is strictly personal to the donor and must be filed within one (1) year from the time the donor acquired knowledge of the act of ingratitude and it became possible to institute the action (Article 766). If the donor dies before the period expires, the right is transmitted to his heirs (Article 767). The donee’s ingratitude need not be criminal; civil offenses or acts of serious disrespect suffice.

B. Revocation for Non-Compliance with Conditions (Article 764)
When the donation is subject to a condition or charge imposed by the donor and the donee fails to fulfill it, the donor may revoke the donation. The property, together with accessions and fruits, must be returned. Any sale, mortgage, or encumbrance made by the donee is void, except as to innocent third persons protected by the Land Registration Act and the Mortgage Law.

The action prescribes after four (4) years from the date the condition should have been performed or from the date of non-compliance, unless the parties stipulated otherwise.

C. Revocation or Reduction Due to Subsequent Children or Compulsory Heirs (Articles 760–761)
A donation inter vivos made by a donor who had no children or descendants at the time, or who failed to reserve the legitime of existing children, may be revoked or reduced upon the birth of a legitimate child, the appearance of a previously unknown child, or the adoption of a child. The revocation or reduction is limited to the portion necessary to preserve the legitime of the new compulsory heirs. The action must be brought within four (4) years from the birth, appearance, or adoption, or from the donor’s knowledge thereof.

D. Reduction of Inofficious Donations (Article 771)
Donations that impair the legitime of compulsory heirs are inofficious and subject to reduction. This is not full revocation but collatio or reduction to the extent of the impairment. The action is available to the prejudiced heirs and follows the prescriptive period for actions on legitime.

E. Special Grounds for Donations Propter Nuptias
Donations in consideration of marriage are governed by Article 86 of the Family Code and may be revoked upon: (1) annulment or declaration of nullity of the marriage; (2) legal separation; or (3) the donee’s commission of an act that would constitute legal separation if the donor were the innocent spouse. These are in addition to the Civil Code grounds.

F. Other Causes
A donation may also be revoked if it was made under fraud, violence, intimidation, or undue influence (Articles 1390–1409 on voidable contracts). Donations by persons without capacity (minors, insane persons) are void ab initio and may be annulled without need of revocation proceedings.

III. Effects and Procedure for Revocation

A final judgment of revocation extinguishes the donee’s title. The donee must return the property, its accessions, and all fruits received from the time the obligation to return arose. The donor may then demand cancellation of the donee’s certificate of title. The action is a regular civil action filed before the Regional Trial Court with jurisdiction over the property or the residence of the parties. No summary procedure applies. Upon finality, the judgment is registered with the Registry of Deeds to restore the donor’s title.

IV. Evicting Illegal Occupants

After revocation or independently thereof, any person in possession without legal title or right is an illegal occupant. Philippine law provides summary and ordinary remedies to recover possession.

A. Summary Ejectment Actions (Rule 70, Rules of Court)

Forcible Entry – Filed when the plaintiff was deprived of physical possession through force, intimidation, threat, strategy, or stealth. Must be instituted within one (1) year from the date of actual dispossession.
Unlawful Detainer – Filed when the defendant’s right to possession has expired or terminated (e.g., after revocation of donation or lawful demand) and possession is unlawfully withheld. Requires prior written demand to vacate served on the occupant. Must be filed within one (1) year from the date of last demand.

Both are summary proceedings cognizable by the Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court of the place where the property is situated. The only issue is physical possession de facto; questions of ownership are resolved only provisionally to determine possession.

B. Accion Publiciana and Accion Reivindicatoria
If more than one year has elapsed since dispossession or last demand, the owner files:

Accion publiciana – to recover mere possession (ordinary civil action in the Regional Trial Court).
Accion reivindicatoria – to recover ownership and possession simultaneously (also in the Regional Trial Court).

These are plenary actions requiring full trial.

C. Special Rules for Informal Settlers (Republic Act No. 7279 – Urban Development and Housing Act)
When illegal occupants are urban poor on private land, eviction requires a court order. The law mandates a 30-day written notice, adequate relocation (where feasible), and prohibition of summary demolition. However, the property owner’s right to recover possession remains absolute once due process is observed. Government agencies (e.g., NHA or LGU) may assist in relocation, but the owner is not required to provide it personally.

D. Requirements and Procedure for Eviction

Written extrajudicial demand to vacate (jurisdictional in unlawful detainer).
Filing of verified complaint in the proper court.
In summary cases, decision based on affidavits, position papers, and evidence; no formal trial.
Issuance of writ of execution upon finality; sheriff may physically remove occupants and, if necessary, order demolition after further hearing.
Award of damages (reasonable compensation for use of property), attorney’s fees, and costs may be granted.

E. Defenses in Ejectment Cases
Common defenses include: lack of prior demand, tolerance of possession (if proven), payment of rentals (in lease-related cases), or claim of ownership (deferred to ordinary action). The occupant cannot raise title as a defense in summary proceedings unless it directly affects the issue of possession.

V. Interrelation of Revocation and Eviction

Revocation of the deed of donation automatically converts the former donee (and anyone holding under him) into an illegal occupant. The donor may immediately serve a demand to vacate upon finality of the revocation judgment. Refusal triggers an ejectment suit. Philippine courts uniformly hold that a final revocation decree restores both ownership and the right to possession, allowing the donor to treat the property as free from any right of the former donee. Third-party occupants introduced by the donee have no better right and may be summarily evicted. In appropriate cases, the donor may also claim back rentals or damages for the period of illegal occupation.

VI. Practical and Ancillary Considerations

Prescription and laches bar delayed actions; parties must act within the periods prescribed.
Third-party purchasers in good faith and for value are protected if the title was registered before revocation is annotated.
Tax implications: donor’s tax paid on the original donation is not automatically refunded; capital gains or other taxes may arise upon recovery.
Registration: all judgments of revocation must be annotated on the title to bind the world.
Capacity issues: donations by incapacitated persons are void; revocation is unnecessary.

These rules ensure that liberality does not become a tool for ingratitude, non-compliance, or unjust deprivation of heirs, while providing swift and effective remedies to reclaim possession from those without legal right. The Civil Code, Family Code, Rules of Court, and Republic Act No. 7279 collectively govern every aspect of revocation and eviction in the Philippines.