Report no 8 - Article 64 of the Family Code of the Philippines

FAMILY CODE of the PHILIPPINES

Title II – LEGAL SEPARATION

ARTICLE 64

Reported by:

Mary Grace De Lumban

Joy G. De Loyola

After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for  revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this article must be brought within five years from the time the decree of legal separation has become final.

DONATIONS AND BENEFICIARY IN INSURANCE. Donations and the act of the innocent party in designating the guilty spouse as a beneficiary in an insurance are essentially acts of liberality and the law gives the option to the innocent party whether he or she will revoke the donation or the designation as beneficiary of the guilty party in an insurance. Insofar as the designation as beneficiary of the guilty spouse in an insurance is concerned, such designation, even if irrevocable will be considered revoked upon written notification thereof to the insured.

The Law provides for other effects of legal separation, such as:

1. the innocent spouse may revoke donations made by him/her to the offending spouse;

2. the innocent spouse may revoke the designation of the guilty spouse as beneficiary in any insurance policy even if such designation is stipulated as irrevocable;

The revocation of the donation must be recorded in the proper registry of property where the property is located. This is to protect the parties against the rights of innocent third persons.

ILLUSTRATION:

  A, prior to his marriage to B, donated real property to the latter. It was registered later under her name, but 10 years after their marriage, B gave rise to a cause for legal separation. A sued for legal separation and it was granted, pronouncing B as the guilty spouse. A revoked the donation but the revocation was not recorded in the registry of property. In the meantime, or after the revocation, B sold property to C, a buyer in good faith and for value, and obtained a title.

The revocation is not effective as against C, the buyer in good faith and for value because of the protection given by the Torrens System to a buyer in good faith and for value. For C need not even look beyond the title B to determine if there is a defect therein. In fact, Article 64 of the Code says that alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation is registered in the registries of property shall be respected.

The law further says that the revocation is not by operation of law. There must be an action filed in court to that effect and the law prescribes a period of five years from the time the decree of legal separation has come final. That means that the inaction of the innocent spouse for five years is equivalent to a waiver of his rights to revoke the donation as this is a right that can be waived whether impliedly or expressly and the waiver is valid.

On the matter of the revocation of the designation in an insurance policy, the law requires for its effectivity that a written notice be given to the insured.

Reference:

Judge Albano, Ed Vincent S. (2017). Family Code of the Philippines.

Sta. Maria, Melencio S. (2015). Persons and Family Relations Law.