A person can’t donate more than he can by will
Dear PAO, Ia man only son. My mother died when I was 18 years old. After her death, my father donated all his pieces of property to his brothers and sisters, including his best friend. Apparently, when my father died, the donations he made had practically left me deprived of any inheritance. According to our bar an gay( village) captain, I still have claims against the donations made by my father. Is this really possible? Thus, can the donations made by my father be invalidated? Thanks! Rambo Dear Rambo, Yes, that is possible. A person’s prerogative to make donations is subject to certain limitations, one of which is that he cannot give by donation more than he can give by will. This is clearly emphasized in Article 752 in relation to Article 750 of the Civil Code, to wit:
“Art. 750. The donations may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected.
Art. 752. The provisions of Article 750 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by will.
all that it may exceed this limitation.”
Therefore, if the donor does, so much of what is donated that exceeds what he can give by will is deemed - ducible to the extent of such excess, though without prejudice to its taking effect in the donor’s lifetime or the donee’s appropriating the fruits of the thing donated.
Pursuant to Article 752 of the Civil Code, earlier cited, your father cannot donate more than he may give by will. Clearly, donating all his pieces of property to his brothers and sisters, including his best friend, is inofficious as it deprives you of your legitime, which under the Civil Code, consists of one- half ( 1/ 2) of the hereditary estate of your father, provided that you are an only child. The legitime of legitimate children under the Civil Code is as follows:
“Art. 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother.”
While the legitime of illegitimate children under Article 895 of the Civil Code shall consist of one-half of the legitime of each of the legitimate children or descendants.
We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter. Editor’s note: Dear PAO is a daily column of the Public Attorney’ s Of besenttodearpao@manilatimes.net.