Laws on Deed of Donation

When is a donation perfected?

Donation is perfected from the moment the donor knows of the acceptance by the donee (Art. 734, NCC).

What are the requisites of donation?

1. Donor must have Capacity to make the donation

2. He must have donative Intent (animus donandi)

3. There must be Delivery

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)

Up to what extent may a donation cover?

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)

Can future properties be subject of donation?

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

     b. Without simultaneous delivery:

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:

a. Must be in a public instrument specifying

i. the property donated and

ii. the burdens assumed by the donee

b. Acceptance may be made:

i. In the same instrument or

ii. In another public instrument, notified to the donor in authentic form, and noted in both deeds. Otherwise, donation is void.

What is the status of an inofficious donation?

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)

What are the grounds for revocation of donation?

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.

3. Under Art. 765 – by reason of ingratitude

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

c. If he unduly refuses him support when the donee is legally or morally bound to give support to the donor Note: Once a donation is perfected, it cannot be revoked without the consent of the donee except on grounds provided by law (Arts. 760, 764, 765, NCC).