What are donations by reason of marriage?

Donations by reason of marriage or donation propter nuptias, as stated in Article 82 of the Family code, are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. 

What are the requisites for a valid donation propter nuptias?

For a donation propter nuptias to be valid, the donation must be made: (BOC)

1. Before the celebration of the marriage;

2. In consideration of the marriage; and

3. In favor of one or both of the future spouses. 

What are the distinctions between donations by reason of marriage and ordinary donations?

Donation Propter Nuptias	Ordinary Donations
As to formalities, it is governed by the rules on ordinary donations except that if future property is donated, it must conform with the formalities of wills.	It is governed by the rules on donations (Articles 725- 773, NCC)
As to extent, both present and future properties may be donated	Only present properties may be donated
As to acceptance, donation propter nuptias does not require express acceptance.	As a general rule, express acceptance is necessary.
As to revocation,  the grounds are found in Article 86 of the Family Code	Grounds are found in the law on donations.

What are the formalities required in donations propter nuptias?

1. PRESENT PROPERTY - 

A. PERSONAL PROPERTY - If what is donated is a personal property the value of which exceeds P5,000.00, the donation and acceptance must both be in writing; otherwise, the donation is void.

B. REAL PROPERTY - If what is donated is a real property, the donation and acceptance must both be in public instrument; otherwise, the donation is void.

2. FUTURE PROPERTY - If what is donated is a future property, the donation must be in the form of wills. 

Can property subject to encumbrances be donated?

Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (Art. 85, FC)

What are the grounds for revoking a donation by reason of marriage?

A donation by reason of marriage may be revoked by the donor on the following grounds:

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;

(2) When the marriage takes place without the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is complied with;

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.  (Art. 86, FC)