Dear PAO, Three years ago, I donated a parcel of land to my brother subject to a condition that a small chapel must be built in the said area. The condition was stipulated in the Deed of Donation. However, my brother failed to FULfiLL THE CONDITION SINCE AFTER A YEAR FROM acceptance of the donation, he already migrated abroad and decided to permanently live there. Can I revoke the donation? Gil

Dear Gil,

You may revoke the donation that you made to your brother since he failed to fulfill the condition you set in the Deed of Donation. This is in accordance with Article 764 of the New Civil Code of the Philippines, which states that:

“Article 764. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter.

“In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration laws.

“This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee’s heirs.”

Based on the above-stated law, the donor may revoke the donation that he made if the donee fails to comply or fulfill the condition set or imposed upon the donee in the Deed of Donation. In your situation, your brother’s failure to construct or build a small chapel in the parcel of land that you donated to him is a ground for the revocation of the said donation.

Further, the afore-mentioned law provides that the action to revoke a donation based on the non-compliance of the condition prescribes after four years from such non-compliance. In your case, the action to revoke your donation based on noncompliance of the condition has not yet prescribed as only a year has passed from the acceptance of the donation. Therefore, you may still revoke the donation that you made to your brother.

We hope that we were able to answer your queries. This advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.