then the properties are presumed to be still included We have to distinguish the nature of the property.

in the conjugal property. Since the properties are still

belonging to the conjugal property, it would go to the
estate of Rodolfo. It would go to the legitimate family
for disposition in accordance with the law on intestate
succession.
Acceptance of Donation
If it is a movable property, the it can be by oral or in
writing.
It requires simultaneous delivery of the thing or the
document representing the right donated. If it is a car
then a car must be actually delivered or the document
representing the right donated (e.i. the OR/CR).

Article 746. If the value exceeds PHP 5,000.00 then it must be in

writing.
Acceptance must be made during the lifetime of the
donor and of the donee. The threshold for oral donation of a movable property is
PHP 5,000.00.
Both the done and the donor must exist, otherwise there
can be no valid donation. Article 749

If the acceptance of the donation is done by
representation, it’s possible that the donee itself might
not actually accept the donation.
If it is done by representation (e.g. minors represented
by parents or legal guardian) then there is a obligation
that a notification and notation must be given.
Notification to the donor must be made and the
notation that it is accepted by the representative has to
be indicated in the document itself.
Article 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.
The representatives or the capacity of the representative
to accept the donation must be indicated in the deed or
document.
Forms of Donation
Article 748.
The donation of a movable may be made orally or in
writing.
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.
For immovable property, it must be in a public
document specifying the property donated and the value
and the charges which must be satisfied.
The acceptance be made in the same deed or in a
separate public document.
If it is in another deed then that should be noted in both
instruments.
Donation of an immovable property is a formal
contract…….

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.