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Donation Inter Vivos and Legitime Rights

This document summarizes a Supreme Court case from the Philippines involving whether a donation made during a donor's lifetime can be reduced after their death if it prejudices the legitime, or legal share of inheritance, of the donor's surviving spouse. The donor, Epifanio Tupas, had donated some property to a foundation before dying. His widow claimed this donation left her destitute and sued to have the donation reduced. The Court addressed whether property donated during a donor's lifetime is subject to collation, or inclusion in the hereditary estate, after their death. The Court determined that donations made by a donor are subject to limitations to ensure compulsory heirs receive their legitime, and donations exceeding what could be

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116 views1 page

Donation Inter Vivos and Legitime Rights

This document summarizes a Supreme Court case from the Philippines involving whether a donation made during a donor's lifetime can be reduced after their death if it prejudices the legitime, or legal share of inheritance, of the donor's surviving spouse. The donor, Epifanio Tupas, had donated some property to a foundation before dying. His widow claimed this donation left her destitute and sued to have the donation reduced. The Court addressed whether property donated during a donor's lifetime is subject to collation, or inclusion in the hereditary estate, after their death. The Court determined that donations made by a donor are subject to limitations to ensure compulsory heirs receive their legitime, and donations exceeding what could be

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johnanthonygo
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© © All Rights Reserved
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204. Vda. de Tupas vs. Br.

XLIII, RTC of Negros Occidental


144 SCRA 622 , October 03, 1986

NARVASA, J.:

Involved in this appeal is the question of whether or not a donation inter vivos by a donor now
deceased is inofficious and should be reduced at the instance of the donor's widow.

Epifanio R. Tupas died leaving his widow, Partenza Lucerna, as his only surviving compulsory
heir. He also left a will which was admitted to probate. Among the assets listed in his will were,
admittedly his private capital. However, at the time of his death, these lots were no longer
owned by him, he having donated them to the Tupas Foundation, Inc., which had thereafter
obtained title to said lots.

Claiming that said donation had left her practically destitute of any inheritance, Tupas' widow
brought suit against Tupas Foundation, Inc. to have the donation declared inofficious insofar
as it prejudiced her legitime, therefore reducible " ... by one-half or such proportion as ..... and "
... the resulting deduction ... " restored and conveyed or delivered to her.

ISSUE: Whether property donated inter vivos is subject to collation after donor’s death, whether
the donation was made to a compulsory or a stranger.-

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 (Art. 752, Civil Code). If he does, so
much of what is donated as exceeds what he can give by will 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 (Art. 771,
Civil Code). Such a donation is, moreover, collationable, that is, its value is imputable into the
hereditary estate of the donor at the time of his death for the purpose of determining the
legitime of the forced or compulsory heirs and the freely disposable portion of the estate. This is
true as well of donations to strangers as of gifts to compulsory heirs, although the langague of
Article 1061 of the Civil Code would seem to limit collation to the latter class of donations.

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