Dear PAO,

During the heyday of our relationship, my ex-fiancé constantly sent a monthly allowance of P100,000 to help me with my financial struggles. However, things took on a different turn after he physically abused me, after which I decided to end our engagement. To my surprise, he filed a civil case for the collection of a sum of money, where he alleged that we had entered into a contract of loan, the object of which amounts to P1.8 million. Am I legally obliged to return the money even though it was technically given as a gift?

Joan

Dear Joan, You may not be compelled to return the money if there was no contract of loan between you and your ex-fiancé.

A contract is defined by Article 1309 of the New Civil Code of the Philippines as the “meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.”

In the case of Camacho v. Court of Appeals and Angelino Banzon, GR 127520, Ponente: Associate Justice Romeo Callejo Sr., the Supreme Court elucidated the essential requisites for a contract to exist, namely: (1) consent of the contracting parties, (2) an object certain which is the subject of the contract, (3) the cause of the obligation which is established.

It is clear from the facts you narrated that the aggregate sum of P1.8 million was given to you by your ex-fiancé as a gift or monetary assistance without any agreement that it shall be repaid in the future. Neither one of you has given any consent to enter into a contract of loan. Article 1318 of the said Code categorically states that no contract exists unless there is a concurrence of consent of the parties. (Francisco et al., v. Pastor Herrera, GR 139982, Nov. 21, 2002, Ponente: Associate Justice Leonardo Quisumbing)

The crux of the civil case filed against you would seem to be an expedition to determine whether there is legal basis to order the return of the P1.8 million your ex-fiancé gave you as a gift. However, in the similar case of Guevarra et al. v. Banach, GR 214016, Nov. 24, 2021, Ponente: Senior Associate Justice Marvic M.V.F. Leonen, it would seem that it is legally impossible to recover the money even under the principle of unjust enrichment since the Supreme Court ruled:

“The unjust enrichment principle under Article 2250 only applies if the property is acquired without legal grounds. Here, respondent gave petitioner P500,000.00 as a gift to help her and her family with their possible eviction from their home. The money being a gift, the petitioner is correct to say that she cannot be compelled to return the P500,000.00 given to her.”

Thus, there being no contract of loan between you and ex-fiancé and there being no unjust enrichment on your end, you cannot be compelled to return the money given to you as a gift.

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

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]