Son has claims on properties of his

father
BY PERSIDA ACOSTA
JANUARY 07, 2019

 HOME
 /
 LEGAL ADVICE
 /
 DEARPAO
 /
 SON HAS CLAIMS ON PROPERTIES OF HIS FATHER

Persida Acosta
Dear PAO,
I am the only son of my parents. My mother died when I was 18 years
old. After the death of my mother, my father donated all his properties
to his siblings and best friend. When my father died, the donations he
made practically left me destitute of any inheritance. According to our
barangay (village) captain, I still have claims against the properties
donated by my father. Is this really possible? Can the donation made
by my father be invalidated?
Thanks,
Rambo

Dear Rambo,
Yes, that is possible. It may be emphasized that 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.

The donation shall be inofficious in all that it may exceed this

limitation.”

Therefore, if what was donated exceeds what the donor can give by
will, it is deemed inofficious and the donation is reducible 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 said law, as earlier cited, your father
cannot donate more than he may give by will. Clearly, donating all his
properties to his siblings and best friend has made the said donation
inofficious as it deprives you of your legitime. Under the Civil Code,
your legitime consists of one-half of the hereditary estate of your
father, provided that you are an only child. The legitime of legitimate
children under the same law is as follows:

Advertisements
“Art. 888. The legitime of legitimate children and descendants
consists of one-half of the hereditary estate of the father and of the
mother.”
On the other hand, 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 hope that we were able to answer your queries. This advice is

based solely on the facts you have narrated and our appreciation of the
same. Our opinion may vary when other facts are changed or
elaborated.