Ricky Fetus Born Donation P1 Months Donated Angela

SUGGESTED ANSWER:

Yes, Ricky is entitled to recover the P1 million.  The NCC considers a fetus a person for purposes favorable to it provided it is born later in accordance with the provisions of the NCC.  While the donation is favorable to the fetus, the donation did not take effect because the fetus was not born in accordance with the NCC.

To be considered born, the fetus that had an intra-uterine life of less than 7 months should live for 24 hours from its complete delivery from the mother's womb.  Since Angela had an intra-uterine life of less than 7 months but did not live 24 hours, she was not considered born and, therefore, did not become a person.  Not being a person, she had no juridical capacity to be a donee, hence, the donation to her did not take effect.  The donation not being effective, the amount donated may be recovered.  To retain it will be unjust enrichment.