DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

That I, ________________________of legal age, single / married

to_______________________ with postal address at
__________________________________________ hereinafter referred to as the
DONOR, and _______________________, likewise of legal age, single / married to
__________________________ with postal address at
_________________________________ hereinafter called the DONEE, witnesseth:

That the DONOR is the registered owner of a parcel of land, more particularly described
as follows:
(Insert description of property to be donated)

That the DONEE is a cousin of the DONOR, who has lovingly dedicated five (5) years of
his life as the latter's personal caregiver and companion;

That FOR AND IN CONSIDERATION of the DONEE'S trust, devotion and affection
shown to the DONOR, and as an act of gratitude and liberality on his part, the DONOR
hereby voluntarily GIVES, TRANSFERS, and CONVEYS by way of donation, unto the
said DONEE, his heirs and assigns, the above described property, together with all the
improvements found thereon, free from all liens and encumbrances;

That the DONOR affirms that this donation is not made with intent to deceive his
creditors, and that he has reserved for himself sufficient funds and property;

That the DONEE hereby accepts and receives this donation made in his favor by the
DONOR, and hereby manifests his gratefulness for the latter's generosity.

IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder subscribed their
names this __________ day of __________________ 20__ at
_____________________, Philippines.

_____________________________ ______________________________
DONOR DONEE

WITNESSES:

_____________________________ ______________________________
 DONATION

NATURE OF DONATIONS

Art. 725. Donation is an act of liberality whereby a person disposes gratuitously of a

thing or right in favor of another, who accepts it. (618a)

DONATION AS AN ACT AND AS A CONTRACT

> Although the article says it is an act, it cannot be denied that a donation is really a
contract
> It itself is a mode of acquiring ownership and doesn’t ordinarily require delivery before
ownership may be transferred

ESSENTIAL CHARACTERISTICS OF A TRUE DONATION INTER VIVOS

1. The necessary form

2. Consent or acceptance by donee during donor’s lifetime
3. Irrevocability
4. Intent to benefit the donee
5. Resultant decrease in the assets or patrimony of donor
Art. 726. When a person gives to another a thing or right on account of the latter's
merits or of the services rendered by him to the donor, provided they do not
constitute a demandable debt, or when the gift imposes upon the donee a burden
which is less than the value of the thing given, there is also a donation. (619)

CLASSIFICATION OF DONATIONS

1. From viewpoint of motive, purpose or cause

a. Simple—the cause is pure liberality
b. Renumeratory—due to past services rendered or future services or charges and
burdens
c. Onerous—burdens and charges equal to the value of the thing donated
d. Modal—consideration is less than the value of the thing donated
2. Time of taking effect
a. Inter vivos
b. Mortis causa
Art. 727. Illegal or impossible conditions in simple and remuneratory donations shall be
considered as not imposed. (n)
Art. 728. Donations which are to take effect upon the death of the donor partake
of the nature of testamentary provisions, and shall be governed by the rules
established in the Title on Succession. (620)
DONATIONS FROM THE VIEWPOINT OF EFFECTIVITY DISTINCTION BETWEEN
DONATION INTER VIVOS AND MORTIS CAUSA

INTER VIVOS MORTIS CAUSA

 Takes effect during lifetime of donor
Must follow the formalities of
donations
 Cannot be revoked except for
grounds provided for by law
 In case of impairment of the legitime,
donations inter vivos are preferred to
donations mortis causa
 The right of disposition is completely
transferred to the donee
 Acceptance by donee must be during
lifetime of donor
 Takes effect after the death of the
donor
 Must follow the formalities of wills
and codicils
 Can be revoked anytime and for
any reason while the donor is still
alive
 In case the legitime is impaired,
donations mortis causa are
reduced ahead of donations inter
vivos, the latter being preferred
 The right of disposition isn’t
transferred to the donee while the
donor is still alive
 Acceptance by donee mortis
causa can be only be done upon
donor’s death

DONATION IN PRAESENTI TO BE DELIVERED IN FUTURO

> Considered as a donation inter vivos and all the characteristics referred to above are
applicable to it in relation to a donation inter vivos
Art. 729. When the donor intends that the donation shall take effect during the
lifetime of the donor, though the property shall not be delivered till after the
donor's death, this shall be a donation inter vivos. The fruits of the property from
the time of the acceptance of the donation, shall pertain to the donee, unless the
donor provides otherwise. (n)
Art. 730. The fixing of an event or the imposition of a suspensive condition, which
may take place beyond the natural expectation of life of the donor, does not
destroy the nature of the act as a donation inter vivos, unless a contrary intention
appears. (n)

SUSPENSIVE CONDITION WHICH MAY BE FULFILLED BEYOND THE LIFETIME OF

THE DONOR

> Reason for the law—retroactive effect of the fulfillment of the suspensive condition
Art. 731. When a person donates something, subject to the resolutory condition
of the donor's survival, there is a donation inter vivos. (n)
DONATION SUBJECT TO THE RESOLUTORY CONDITION OF THE DONOR’S
SURVIVAL

Art. 732. Donations which are to take effect inter vivos shall be governed by the
general provisions on contracts and obligations in all that is not determined in
this Title. (621)

SUPPLETORY EFFECT OF RULES ON CONTRACTS

Art. 733. Donations with an onerous cause shall be governed by the rules on
contracts and remuneratory donations by the provisions of the present Title as
regards that portion which exceeds the value of the burden imposed. (622)
Art. 734. The donation is perfected from the moment the donor knows of the
acceptance by the donee. (623)

PERFECTION OF THE DONATION

> Donation is perfected not from the time of acceptance but from the time of knowledge
of the donor that the donee has accepted

PERSONS WHO MAY GIVE OR RECEIVE A DONATION

Art. 735. All persons who may contract and dispose of their property may make a
donation. (624)

WHO MAY DONATE; SIMULTANEOUS CAPACITIES

> It is not enough that a person be capacitated to contract, he must also have the
capacity to dispose
Art. 736. Guardians and trustees cannot donate the property entrusted to them.
(n)
REASON FOR THE RULE: they can only do acts of administration and not of
ownership.
Art. 737. The donor's capacity shall be determined as of the time of the making of
the donation. (n)

DETERMINATION OF CAPACITY

> Capacity of both donor and donee is determined at the time of perfection of the
donation
Art. 738. All those who are not specially disqualified by law therefor may accept
donations. (625)
WHEN IS A PERSON CONSIDERED SPECIALLY DISQUALIFIED BY LAW

> Specially disqualified doesn’t refer to those incapacitated to contract like minors and
those of unsound mind but to people such as those mentioned in article 739, etc.
Art. 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at
the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in
consideration thereof;
(3) Those made to a public officer or his wife, descedants and ascendants, by
reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be
brought by the spouse of the donor or donee; and the guilt of the donor and
donee may be proved by preponderance of evidence in the same action. (n)

DONATIONS THAT ARE VOID BECAUSE OF MORAL CONSIDERATIONS

1. The first kind—those made between persons who were guilty of adultery or
concubinage at the time of the donation
a. The adultery or concubinage need not be proved in a criminal action. The guilt
may be proved by preponderance of evidence.
b. If the donation was made after the adultery or concubinage, then it is valid except
if the consideration thereof is the commission of the act
c. If the perpetrators are merely sweethearts but don’t have any sexual intercourse
with one another, then this prohibition is not applicable. Remember the elements of
adultery and concubinage.
2. The second kind—those made between persons found guilty of the same criminal
offense, in consideration thereof
a. There must be a criminal conviction—mere preponderance of evidence showing
guilt is not sufficient
b. It doesn’t matter whether the donation was made before or after the commission
of the offense
3. The third kind—those made to a public officer or his wife, descendants and
ascendants by reason of his office
a. Purpose—to prevent bribery

REASON WHY THE DONATION ARE VOID

> Void by reason of public policy

Art. 740. Incapacity to succeed by will shall be applicable to donations inter vivos.
(n)
Art. 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness, or
the minister of the gospel who extended spiritual aid to him during the same
period;
(2) The relatives of such priest or minister of the gospel within the fourth degree,
the church, order, chapter, community, organization, or institution to which such
priest or minister may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his
favor before the final accounts of the guardianship have been approved, even if
the testator should die after the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when the latter is his ascendant,
descendant, brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or
children, or any one claiming under such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the
testator during his last illness;
(6) Individuals, associations and corporations not permitted by law to inherit.
(745, 752, 753, 754a)
Art. 1032. The following are incapable of succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced their daughters to lead
a corrupt or immoral life, or attempted against their virtue;
(2) Any person who has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found
groundless;
(4) Any heir of full age who, having knowledge of the violent death of the testator,
should fail to report it to an officer of the law within a month, unless the
authorities have already taken action; this prohibition shall not apply to cases
wherein, according to law, there is no obligation to make an accusation;
(5) Any person convicted of adultery or concubinage with the spouse of the
testator;
(6) Any person who by fraud, violence, intimidation, or undue influence should
cause the testator to make a will or to change one already made;
(7) Any person who by the same means prevents another from making a will, or
from revoking one already made, or who supplants, conceals, or alters the latter's
will;
(8) Any person who falsifies or forges a supposed will of the decedent. (756, 673,
674a)
Art. 741. Minors and others who cannot enter into a contract may become donees but
acceptance shall be done through their parents or legal representatives. (626a)

MINORS MAY BE DONEES MAY MINORS ACCEPT BY THEMSELVES?

It depends.
1. If the donation is simple—yes because after all is for the benefit of the child. The
exception is when a written acceptance is required. In this case, the parents or legal
representative must intervene.
2. If the donation is onerous or conditional—because there is some burden is imposed
on the child. The parent and the legal representative must intervene.
Art. 742. Donations made to conceived and unborn children may be accepted by
those persons who would legally represent them if they were already born. (627)

REQUISITES FOR THE ARTICLE TO APPLY

1. The child be born alive later

2. Or that the child after being born alive, should live for at least 24 hours
Art. 743. Donations made to incapacitated persons shall be void, though simulated
under the guise of another contract or through a person who is interposed. (628)

DISGUISED DONATIONS TO INCAPACITATED PERSONS—MEANING OF

“INCAPACITATED”

> Refers to those who are not allowed to become donees

Art. 744. Donations of the same thing to two or more different donees shall be governed
by the provisions concerning the sale of the same thing to two or more different
persons. (n)

DONATION OF THE SAME OBJECT TO TWO OR MORE DIFFERENT DONEES;

CROSS-REFERENCE TO ARTICLE 1544

Art. 745. The donee must accept the donation personally, or through an authorized
person with a special power for the purpose, or with a general and sufficient power;
otherwise, the donation shall be void. (630)

FORMALITIES FOR ACCEPTANCE

> The formalities for acceptance if any must also be present, otherwise the donation is
void

THRU WHOM ACCEPTANCE MAY BE MADE

> This article speaks of two kinds of authorized persons—one with special power and
another, one with a general and sufficient power
Art. 746. Acceptance must be made during the lifetime of the donor and of the
donee. (n)

APPLICABILITY OF THE ARTICLE ON WHEN ACCEPTANCE IS TO BE MADE

> The rule enunciated herein is applicable to donations inter vivos as well as donations
which are onerous
> In the case of onerous donations, without unconditional acceptance, there will be no
meeting of minds and thus, no perfection of contract
Art. 747. Persons who accept donations in representation of others who may not do so
by themselves, shall be obliged to make the notification and notation of which Article
749 speaks. (631)

ADDITIONAL DUTY OF THOSE WHO ACCEPT FOR OTHERS

1. It is understood that the persons referred to here are duly authorized to do the
acceptance
2. Notification and notation in the proper cases, are essential for the perfection of the
donation
Art. 748. The donation of a movable may be made orally or in writing. An oral donation
requires the simultaneous delivery of the thing or of the document representing the right
donated. If the value of the personal property donated exceeds five thousand pesos, the
donation and the acceptance shall be made in writing, otherwise, the donation shall be
void. (632a)
Art. 749. In order that the donation of an immovable may be valid, it must be made in a
public document, specifying therein the property donated and the value of the charges
which the donee must satisfy. The acceptance may be made in the same deed of
donation or in a separate public document, but it shall not take effect unless it is done
during the lifetime of the donor. If the acceptance is made in a separate instrument, the
donor shall be notified thereof in an authentic form, and this step shall be noted in both
instruments. (633)
*CONSTANCIA AUTHENTICA
 DEED OF UNDERTAKING

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, (single / married / widow), and a resident of

_____________, Philippines, after being sworn to in accordance with law, depose and
state:

1.That I and the members of my family are presently occupying a property comprising a
house and lot belonging to _____________ and located at _____________;

2.That I expressly undertake to completely and fully vacate and peaceably surrender or
redeliver the physical possession of the said property, including the keys appertaining
thereto, to _____________ on or before _____________, without any extension
whatsoever;

3.That I further expressly undertake to redeliver the physical possession of the said
property to _____________, as aforesaid, in good, clean, and sanitary condition, devoid
of all occupants, boarders, furnitures, articles, merchandise, etc., except those
belonging to the _____________;

4.That should I fail to comply with the above-mentioned undertakings, then

_____________, her duly authorized representatives or any person acting in her behalf,
shall have the right to immediately enter and take possession of the subject property,
with full power and authority to open, enter, repossess, secure, enclose, padlock the
means of entrance and exit, and otherwise take full and complete physical possession
and control of the premises, without need of any further notice or demand or proceeding
in court, holding in trust and custody all our belongings found therein after an inventory
of the same is made in the presence of a witness, all these acts being hereby agreed to
by me as tantamount to my voluntary vacation of the subject house and lot without
necessity of any further action in court;

5.That the above undertakings shall also be valid and binding on all the members of my
family, heirs, agents, representatives, successors, and assigns.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____________ at

_____________ Philippines.

OCCUPANT

_______________________
 Republic of the Philippines
6TH JUDICIAL REGION
Regional Trial Court
Branch _____
Iloilo City

MIA C. SANCHEZ, Civil Case No. _____________

Plaintiff FOR: COLLECTION FOR A SUM OF
MONEY WITH DAMAGES
- versus -

PAOLO D. CRUZ,
Defendant
x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court, hereby respectfully
avers:

1. That plaintiff is of legal age, Filipino, married, and a resident of Alta Tierra Village,
Jaro, Iloilo City, Philippines while the defendant is also of legal age, married, Filipino and a
resident of Brgy. Dungon A., Jaro, Iloilo City, Philippines where summons and court processes
may be served;

2. That on February 14, 2013, the defendant borrowed from the plaintiff a sum of money
amounting to One Million Pesos (PhP1,000,000.00) with an agreed interest of five percent (5%)
per month as evidenced by a promissory note herein attached as Annex “A” and form an integral
part of this complaint;

3. That as shown in the attached promissory note, the indebtedness of the defendant has
become due and demandable on February 14, 2014;

4. That despite plaintiff's repeated demands, both written and verbal, defendant failed,
neglected and refused to fulfill obligations without just and valid grounds to the continued
damage and prejudice of plaintiff, as evidenced by Annex “B” – Demand Letters;

5. That the plaintiff in order to enforce his rights and interests, has sought the services of
a legal counsel with attorney’s fees amounting to One Hundred Thousand Pesos (PhP
100,000.00) and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing as
evidenced by Annex “C” – Contract for Legal Services;
6. That the plaintiff has paid for litigation expenses amounting to Twenty Thousand
Pesos (PhP 20,000.00) as evidenced by Annex “D” – Official Receipt;
 7. That the plaintiff has suffered moral damages at the sum discretion of the Honorable
Court;

WHEREFORE, premises considered, it is hereby respectfully prayed before the

Honorable Court to render decision in favor of the plaintiff and order the defendant to pay the
following:

a. the sum of One Million Pesos (PhP 1,000,000.00) plus interest at the rate of five
percent (5%) per month as stipulated in the promissory note;

b. moral damages, exemplary damages at the sum discretion of the court;

c. attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00) and an
appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing

d. litigation expenses amounting to Twenty Thousand Pesos (PhP 20,000.00).

Other reliefs and remedies deemed just and equitable under the foregoing premises are
likewise prayed for.

Iloilo City, December 6, 2014.

ATTY. VINCENT ENRIQUE A. VARONA

Counsel for Petitioner
Varona Law Office, Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14
 UNENFORCEABLE CONTRACTS (n)

Art. 1403. The following contracts are unenforceable, unless they are ratified:

(1) Those entered into in the name of another person by one who has been given no
authority or legal representation, or who has acted beyond his powers;

(2) Those that do not comply with the Statute of Frauds as set forth in this number. In
the following cases an agreement hereafter made shall be unenforceable by action,
unless the same, or some note or memorandum, thereof, be in writing, and subscribed
by the party charged, or by his agent; evidence, therefore, of the agreement cannot be
received without the writing, or a secondary evidence of its contents:

(a) An agreement that by its terms is not to be performed within a year from the
making thereof;

(b) A special promise to answer for the debt, default, or miscarriage of another;

(c) An agreement made in consideration of marriage, other than a mutual

promise to marry;

(d) An agreement for the sale of goods, chattels or things in action, at a price not
less than five hundred pesos, unless the buyer accept and receive part of such
goods and chattels, or the evidences, or some of them, of such things in action or
pay at the time some part of the purchase money; but when a sale is made by
auction and entry is made by the auctioneer in his sales book, at the time of the
sale, of the amount and kind of property sold, terms of sale, price, names of the
purchasers and person on whose account the sale is made, it is a sufficient
memorandum;

(e) An agreement of the leasing for a longer period than one year, or for the sale
of real property or of an interest therein;

(f) A representation as to the credit of a third person.

(3) Those where both parties are incapable of giving consent to a contract.
 Republic of the Philippines
MUNICIPAL TRIAL COURT
Legazpi City

LIWANAG DILIMAN
Plaintiff

-versus- Civil Case No. 321654

For: Unlawful Detainer

RESURRECCION MAKABUHAY,
Respondent
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully allege:
-THAT-

1. Plaintiff is of legal age, Filipino, with residence and postal address at Purok 2,
Barangay Malamig, Legazpi City where she may be served notices and other
court processes;

2. Respondent is of legal age, Filipino, with residence and postal address at

Barangay Mainit, Legazpi City, where she may be served summons and other
court processes;

3. Plaintiff is the absolute owner and lessor of that certain apartment situated at
Legazpi City and now leased and occupied by the respondent;

4. Plaintiff and Respondent had known each other for a long time having
studied in the same college and have been friends since then;

5. The respondent leases and occupies the said apartment from January 1, 2010
until December 31, 2012 as agreed upon between the plaintiff and the
respondent in the lease contract executed on January 1, 2010 under the
 express obligation to pay a monthly rental of P 6,000.00; (Copy of Contract of
Lease is hereto attached as Annex “A”)

6. The lease contract of the respondent for the occupation of the building has
been terminated on December 31, 2012 and has not been renewed or
extended;

7. During the course of the respondent’s occupation of the said apartment,

respondent has failed to pay her rentals for the months of August, September,
October, and November 2011, and April, May and June, 2012;

8. Respondent has continued to occupy the said apartment notwithstanding the

fact that her contract of lease has been terminated on December 31, 2012 thus
depriving the plaintiff from having the said apartment leased by other
persons;

9. Several demands to vacate was made by plaintiff to respondent, although

orally, but respondent refused to vacate the said apartment and return
possession to the plaintiff;

10. On March 30, 2013, plaintiff sent a letter to respondent as a last and final
demand for respondent to vacate plaintiff’s apartment; (Copy of Demand Letter
is hereto attached as Annex “B”)

11. Until now Respondent still refuse to vacate and restore possession and pay
his rentals for the months of August, September, October, and November
2011, and April, May and June, 2012 during his occupation of the apartment;

12. Thus, Respondent is unlawfully withholding possession of the subject

apartment from the plaintiff despite last and final demand, to the damage
and prejudice of the plaintiff;
 13. Before filing of this complaint, the dispute has been referred to the Lupong
Tagamayapa of Legazpi City but the parties failed to arrive at an amicable
settlement; (Certificate to File Action is hereto attached as Annex “C”)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor of
Plaintiff:

1. For the restitution of the abovementioned apartment;

2. For the payment of FORTY TWO THOUSAND (P 42,000.00) PHILIPPINE

CURRENCY, representing the arrears of rent now overdue.

3. To pay the costs for this suit.

Other reliefs just and equitable under the premises are likewise prayed for.

Legazpi City, Philippines, April 29, 2013.

BIG LAW OFFICE

Counsel for Plaintiff
Rm. 321, 3rd Floor, Very Tall Building,
Legazpi City

By:

ATTY. SERIO SO
PTR No: 0816199 (2013)
IBP No.:100682 (2013)
MCLE Compliance No.: III-0025943 (2013)
Roll No.: 246981