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In 1977, petitioner donated a parcel of land in Laguna to respondent for the purpose
of bullding a home for the aged and infirm. One of the conditions stipulated that it
cannot be disposed or alienated or leased without petitioner’s prior consent. However,
respondent leased the property 3 times without asking petitioner’s consent. Hence,
petitioner file a case to revoke the donation.

RTC: granted
CA: reversed
SC: affirmed CA

Issue: WON donation is revocable- No

Court held that donation cannot be revoked as the breach was only casual. For the
donation to be revoked, there must be a substantial breach that would defeat the
purpose of the contract.

In this case, the donation is an onerous one, donee is burdened to put up a and
operate a home for the aged. Based on Art 733, it must be governed by the rules on
contract and the portion that exceeds the value will be subject to the rules on
remuneratory donations. Hence, the leasing without asking for consent is only a
casual breach and the general rule is that rescission of a contract will not be permitted
for a slight or casual breach, but only for such substantial and fundamental breach
as would defeat the very object of the parties in making the agreement

In Silim, the Court distinguished the four (4) types of donations:
Donations, according to its purpose or cause, may be categorized as: (1) pure or simple; (2)
remuneratory or compensatory; (3) conditional or modal; and (4) onerous. A pure or simple
donation is one where the underlying cause is plain gratuity. This is donation in its truest
form. On the other hand, a remuneratory or compensatory donation is one made for the
purpose of rewarding the donee for past services, which services do not amount to a
demandable debt. A conditional or modal donation is one where the donation is made in
consideration of future services or where the donor imposes certain conditions, limitations or
charges upon the donee, the value of which is inferior than that of the donation given. Finally,
an onerous donation is that which imposes upon the donee a reciprocal obligation or, to be
more precise, this is the kind of donation made for a valuable consideration, the cost of which
is equal to or more than the thing donated.
Of all the foregoing classifications, donations of the onerous type are the most distinct. This
is because, unlike the other forms of donation, the validity of and the rights and obligations
of the parties involved in an onerous donation is completely governed not by the law on
donations but by the law on contracts. In this regard, Article 733 of the New Civil Code
ARTICLE 733 Donations with onerous cause shall be governed by the rules on contracts, and
remuneratory donations by the provisions of the present Title as regards that portion which
exceeds the value of the burden imposed.