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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
“Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born.” (Article 742, Civil Code of the Philippines)
Imagine being pregnant. You receive a lot of love and support from your family and friends. More often than not, you receive several gifts for your baby more than you have imagined. Are these gifts considered donations under the law? Who shall receive these donations?
We learned in “Requisites of a Valid Donation” that donation as an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it. (Article 725, Civil Code of the Philippines) It is among the modes of acquiring ownership and other real rights over a property.
For a donation to conceived and unborn children, acceptance may be made by the persons who would legally represent them if they were already born.
Article 742 of the Civil Code of the Philippines provides that:
“Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born.”
What are the requisites for this provision of the law to apply?
The donation may be accepted if:
- The child be born alive later;
- Or that the child after being born alive, should live for at least 24 hours.
In the case of Carmen Quimiguing v. Felix Icao (G.R. No. 26795, July 31, 1970), the Supreme Court ruled that a conceived child has provisional personality for all purposes favorable to it, such as, but not limited to support, inheritance or succession, and donation.
Jurisprudence says:
“A conceived child, although as yet unborn, is given by law a provisional personality of its own for all purposes favorable to it, as explicitly provided in Article 40 of the Civil Code of the Philippines. The unborn child, therefore, has a right to support from its progenitors, even if the said child is only “en ventre de sa mere” just as a conceived child, even if as yet unborn, may receive donations as prescribed by Article 742 of the same Code xxx.” (Carmen Quimiguing v. Felix Icao, G.R. No. 26795, July 31, 1970)
Related Article/s:
What is a gratuitous donation?
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