Q. Dear Atty.Wong, pwede po ba mabawi ang property that was donated more than 10 years ago? Our 2 old maid aunties donated our ancestral home to our cousin living in US. Then later he also took the other land titles in the same compound and transferred to his name. Bago namatay ang isang tita ko, may napagsabihan po sya na wala na silang properties at kinuha ng sapilitan. When that aunt passed away in 2014, my cousin started to collect all the rentals from 10 stalls in front of the house.
My other aunt made a testimony in 2017 na di sya pumapayag mapunta lahat sa cousin ko ang kanilang ari-arian at binabawi niya ang parte niya, bale kalahati ng property dahil di niya alam na naipalipat na lahat ang titulo. Noon niya lang nalaman nung hinahanap na namin ang mga titulo. Sabi niya kung may napirmahan siya ay di niya alam ito. Now she doesn’t have any money. Di nila pinapagamot ang matanda kahit may sakit ito. Could it be a ground para mabawi ang mga properties?
Ang problema pa po eh pati ang kinatatayuan ng bahay at pwesto namin ay nakuha niya. Now he put fence around his property but he never include our house and the shop. Pero po kinausap niya ung umuupa sa amin at sa kanya na daw magbayad ng renta.
Can we do adverse claim if we’ve been operating it for 25yrs and if my parents and my brother had been staying in that house for more than 30 yrs?
ANS. Ayon sa batas ang isang donation ay maaring ma-revoked on the following grounds: Art. 765(Civil Code, as amended). The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:
1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;( 2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has
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been committed against the donee himself, his wife or children under his authority;
(3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.
However, under Art.769, the action to revoke by reason of ingratitude shall prescribed within one (1) year(statute of limitation) counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. If you have a copy of the donation, you may also check whether there is or are conditions prescribed in the deed of donation by the donor.
In the affirmative, then what shall be the consequence(s) or effect of the donation in case of non-compliance on the part of the Donee sa mga conditions na hinabilin ng donor. Mayroong mga donation na nagsasaad na pag hindi nasunod ang mga conditions na ito, ang property ay babalik sa pagmamay-ari ng donor at kung siya ay manatay ito ay mapupunta sa kanyang mga heirs.
So base sa kwento mo, maaring may basihan sa ilalim ng pag par.(3) Art.765 ng Civil Code na ma-revoked ito, assuming na hindi pa mag set in ang prescription na counted mula ng nalaman ng donor na maari pala ninyang gawin ang pag revoke ng kanyang donation. Note further na ang pag initiate ng action for revocation ay hindi maaring mailipat sa mga heirs ng donor,kung walang ginawang action ang donor hingil dito. Pero maari naman niyang gawin ito bago siya mamatay at bago mag expire ang one(1) prescription period, ayon sa Art.770 ng Civil Code.
As regards sa tanong mo whether you can still file and adverse claim as heirs who may have been deprived of your legitime despite the lapsed of 25 years as your brother is still staying in the ancestral house, this is a grey area in so far as Batas Pinoy is concerned.
If you initiate an action in court, the other side, will definitely invoke prescription and laches for having slept on your rights, hence any actions against them may be barred by prescription or laches considering that for more than 25 years no adverse action was filed against the concerned parties. On the other hand, if we consider our laws on succession, it does not countenance tacit repudiation of inheritance or legitime . But rather, the law requires an express act of repudiation by the heir of his or her legitime or inheritance pursuant to Art. 1051 of the Civil Code.
The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. And under Art. 1053, it provides that if the heir should die without having accepted or repudiated the inheritance , this right shall be transmitted to his heirs.
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Base sa mga nailathala at kung wala sa inyo ang nag repudiate ng inyong rights to the ancestral house assuming na nagkaroon ng revocation sa donation ay maari pa rin kayong maghabol sa inyong rights to the extent sa property na subject to the revocation.
However, all your causes of action as regards the foregoing hinges on the strength and weakness of your evidence to prove your case. But this could be a subject of attack on the grounds of laches and prescription as mentioned above.
Taking into account the complexity of the issues surrounding your narrative, it is strongly recommended that you confer with your lawyer for further professional guidance at mapag aralan ang inyong mga dokomento at ebidensya should you intend to pursue your case.
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