Donation is a legal act of transferring property or rights from one person, known as the donor, to

another, called the donee, without any valuable consideration. In the Philippines, donation plays a
significant role in various aspects of life, including family relationships, charitable causes, and business
endeavors. This blog will provide a comprehensive guide to understanding the concept of donation
under Philippine law, its legal requirements, and its implications for both the donor and the donee.

What is Donation?

Donation, also known as gift, is a voluntary transfer of property or rights from one person to another
without any expectation of compensation or payment in return. It is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another who accepts it. 1

There is also a donation when a person gives to another a thing or right on account of the latter’s merits
or of 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 given2.

What are the two types of donations?

1. Donation Inter Vivos: this type of donation takes effect during the lifetime of the donor and
donee. It involves the immediate transfer of ownership and possession to the donee; and
2. Donation Mortis Causa: Also known as a donation in contemplation of death. It takes effect only
upon the donor’s death. This type of donation is governed by Rules on Succession.

When must acceptance be made?

Acceptance must be made during the lifetime of the donor and of the donee.

1
Article 725, The Civil Code of the Philippines.
2
Article 726, Ibid.