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Laws On Deed of Donation
Laws On Deed of Donation
DONATION
Category: Property, Ownership and Its Modifications
Donation is perfected from the moment the donor knows of the acceptance by the donee (Art.
734, NCC).
4. Donee must Accept or consent to the donation during the lifetime of the donor and of the
donee in case of donation inter vivos (Art. 746, NCC); whereas in case of donation mortis causa,
acceptance is made after donor’s death because they partake of a will (Art. 728, NCC)
It may comprehend all the present property of the donor, or part thereof, provided he reserves, in
full ownership or in usufruct, sufficient means for the support of himself, and of all relatives
who, at the time of the acceptance of the donation, are by law entitled to be supported by the
donor. (Art. 750, NCC)
No, donations cannot comprehend future properties
Note: Future property means anything which the donor cannot dispose of at the time of the
donation. (Art. 751, NCC)
What is the formalities required for donation of real and personal properties?
1. Of movable property:
a. With simultaneous delivery of property donated: i. for P 5,000 or less -‐ may be oral/written
ii. for more than P 5,000 – written in public or private document
The donation and acceptance must be written in a public or private instrument (Statute of
Frauds), regardless of value. Otherwise, donation is unenforceable
2. Of immovable property:
ii. In another public instrument, notified to the donor in authentic form, and noted in both deeds.
Otherwise, donation is void.
During the lifetime of the donor, the inofficious donation is effective since the excessiveness of
the donation can only be determined after the donor’s death.
Note: Consequently, the donee is entitled to the fruits of the property donated during the lifetime
of the donor (Art. 771, Pineda Property, p. 599, 1999 ed)
1. Under Art. 760 a. Birth of a donor’s child or children (legitimate, legitimated, or illegitimate)
after the donation, even though born after his death. b. Appearance of a donor’s child who is
missing and thought to be dead by the donor c. Subsequent adoption by the donor of a minor
child.
2. Under Art. 764 When the donee fails to comply with any of the conditions which the donor
imposed upon the donee.
a. If the donee should commit some offense against the person, the honor or the property of the
donor, or of his wife or children under his parental authority
b. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude,
even though he should prove it, unless the crime or act has been committed against the donee
himself, his wife or children under his authority