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TITLE III – DONATION Examples of Onerous Donations

• where the condition is to take care of the donor’s family in the future
• where the donee must take care of the donor’s funeral expenses
CHAPTER 1: NATURE OF DONATIONS
Note: In such cases, even if real property is involved, it is not essential to have a public
instrument.
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. Art. 727. Illegal or impossible conditions in simple and remuneratory donations shall be
considered as not imposed.
Donation as an Act & as a Contract
• although the article says “an act,” it cannot be denied that a donation is really Effect of illegal/impossible condition – it is only the condition that is disregarded;
a contract (gratuitous, the consideration being liberality) the donation will remain valid (same rule as in testamentary dispositions; but the rule
• it is by itself a mode of acquiring ownership, and does NOT ordinarily require is different from the rule in contracts where the whole obligation will be void)
delivery/tradition before ownership could be transferred
Art. 728. Donations which are to take effect upon the death of the donor partake of the
Essential Characteristics of True Donations (Inter Vivos)
nature of testamentary provisions, and shall be governed by the rules established in
1. consent, subject matter, cause (as in other contracts)
the Title on Succession.
2. the necessary form (including delivery in some cases)
Art. 729. When the donor intends that the donation shall take effect during the lifetime
3. consent or acceptance by donee during donor’s lifetime (because no one can
of the donor, though the property shall not be delivered till after the donor's death, this
be compelled to accept the generosity of another)
shall be a donation inter vivos. The fruits of the property from the time of the
4. irrevocability (except for legal causes)
acceptance of the donation, shall pertain to the donee, unless the donor provides
5. intent to benefit the donee (animus donandi) – “liberality” being emphasized
otherwise.
more than “gratuitousness” (donation is an act of liberality and never
obligatory)
6. resultant decrease in the assets or patrimony of the donor DONATIONS AS TO FORM AND EFFECT
INTER VIVOS MORTIS CAUSA
Art. 726. When a person gives to another a thing or right on account of the latter's Takes effect during the lifetime of the Takes effect after the death of the donor
merits or of the services rendered by him to the donor, provided they do not constitute donor
a demandable debt, or when the gift imposes upon the donee a burden which is less Must follow the formalities of Must follow the formalities of wills or codicils
than the value of the thing given, there is also a donation. donations (if simple and ordinary) (holographic or notarial)
Cannot be revoked except for Can be revoked at any time and for any
grounds provided for by law reason while the donor is still alive;
CLASSIFICATION OF DONATIONS essentially revocable or revocable ad mutuum
In case of impairment of the In case the legitime is impaired, donations
Accdg. to Simple – the cause is pure liberality (no strings attached)
motive, legitime, the donations inter vivos mortis causa (since they partake of the
Remuneratory of the 1st kind – purpose to reward past services w/ no
are preferred to donations mortis nature of, or are really, legacies or devises)
purpose strings attached. (the services here do not constitute recoverable debts)
or cause causa (priority in time is priority in are reduced ahead of donations inter vivos,
Remuneratory of the 2nd kind (compensatory, or in a sense,
right) the latter being preferred
conditional) – purpose is to reward future services or because of certain
The right of disposition is completely The right of disposition is not transferred to
future charges or burdens, when the value of said services, burdens, or
transferred to the donee (although the donee while the donor is still alive
charges is LESS than the value of the donation
certain reservations as to usufruct,
Onerous – here, there are burdens, charges or future services EQUAL to
for example, may be made)
that of the thing donated (governed by the rules on contracts)
Acceptance by donee must be during Acceptance by donee mortis cause can only
Accdg. to Inter vivos
lifetime of donor be made after the death of the donor; any
time of In presenti to be delivered in future (also considered inter vivos)
prior acceptance is immaterial or void. (As a
taking Mortis causa (must have the formalities of a will) rule, there can be no contract relating to
effect
future inheritance.)
Accdg. to Ordinary donation
occasion Donation propter nuptias (in consideration of marriage)
Accdg. to Corporeal property - donations of real & personal property
object Incorporeal property – donations of alienable rights
donated

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DONATIONS INTER VIVOS DONATIONS MORTIS CAUSA Conditions to Last During the Lifetime
• A donation where the causes for revocation have • Where the donor has • If A donates to B a piece of land w/ the condition that B will pay him a certain
been specified reserved (expressly or amount of rice & money each year during his (A’s) lifetime; the donation to
• A donation where the donor reserved for himself impliedly) the option to become effective upon acceptance, such a donation is not mortis causa, but
a lifetime usufruct of the property, for if he were revoke the donation at inter vivos.
still the owner, there would be no need of said anytime before death, even
reservation w/o the consent of the donee Art. 732. Donations which are to take effect inter vivos shall be governed by the
• A donation where the donor warrants the title to • Where the donation will be general provisions on contracts and obligations in all that is not determined in this Title.
the thing w/c he is donating for there would be void if the transferee dies
no need for warranty of title were he not ahead of the transferor Suppletory Effect of Rules on Contracts
transferring title • If before the donor’s death, 1. The law of contracts & obligations has suppletory effect to the provisions of
• Where the donor immediately transferred the it is revocable at his will this title on ordinary donations
ownership, possession, and administration of the • If the donor retains full or 2. After all, a donation is really a gratuitous contracts.
property to the donee, but stipulated that the naked ownership and control
right of the donee to harvest & alienate the fruits over the property while he is Santiago v. Republic – A donor, w/ the Republic or any of its agencies being the
would begin only after the donor’s death still alive donee, is entitled to go to court in case of an alleged breach of the conditions of such
• Where the donor stated that while he is still alive • If what was in the meantime donation.
he would not dispose of the property or take transferred to the donee was
away the land “because I am reserving it to him merely the administration of Art. 733. Donations with an onerous cause shall be governed by the rules on contracts
(the donee) upon my death) – this is because he the property and remuneratory donations by the provisions of the present Title as regards that
had already renounced the right to dispose of his • If title will pass only after portion which exceeds the value of the burden imposed.
property donor’s death Art. 734. The donation is perfected from the moment the donor knows of the
• A donation where the donees “should not as yet acceptance by the donee.
get the possession until our demise,” the
administration remaining w/ the donor spouses,
Perfection of the Donation – not from the time of acceptance but from the time of
or either 1 surviving
knowledge by the donor that the donee has accepted

Art. 730. The fixing of an event or the imposition of a suspensive condition, which may When Acceptance of Donation Inter Vivos Must be Made – during the lifetime of
take place beyond the natural expectation of life of the donor, does not destroy the the donor and of the donee
nature of the act as a donation inter vivos, unless a contrary intention appears.
Rule Prior to Knowledge of Acceptance – Prior to learning of the acceptance, there
Suspensive Condition Which May be Fulfilled Beyond the Lifetime of the Donor is as yet no perfected donation (no donation at all), hence the donor may give the
• Example: A donated to B a piece of land, on condition that X, A’s son, would property to somebody else, for he has not really parted w/ the disposition of the
become a lawyer. This condition may take place beyond the lifetime of A, property
although A may have desired to see the condition fulfilled while he is still alive.
But the donation is nevertheless a donation inter vivos, unless a contrary When the Donation & the Acceptance are in the Same Instrument – if the
intention appears. Hence, a public instrument, NOT a will, would be needed. donation & the acceptance are in the same instrument, containing the signatures of
both donor and donee, it is understood that there is already knowledge of the
Reason for the law – the retroactive effect of the fulfillment of a suspensive condition acceptance, hence the donation is already perfected

Art. 731. When a person donates something, subject to the resolutory condition of the CHAPTER 2: PERSONS WHO MAY GIVE OR RECEIVE A DONATION
donor's survival, there is a donation inter vivos.
Art. 735. All persons who may contract & dispose of their property may make a
Donation Subject to the Resolutory Condition of the Donor’s Survival donation.
• Example: A was about to undergo an operation. He donated to B a parcel of
land subject to the condition that if A survives the operation, B’s ownership
Who May Donate; Simultaneous Capacities
over the land would terminate, and the same would revert to A. This is a
1. Must be capacitated to contract
donation inter vivos, not mortis causa.
2. Must have capacity to dispose of his property

Q: May an emancipated minor by himself make donation mortis causa?

A: Yes, because at the age of 17, a person of sound mind can already make a valid will

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Status of a Donation of Ward’s Property by a Guardian
CAPACITY OF A HUSBAND CAPACITY OF A WIFE GR: It is null & void if made in the name of the guardian
• A husband is capacitated to enter into a valid • With respect to her Exception: It would be valid w/ the following requisites:
contract if he is sui juris exclusive property, she may 1. made by the guardian in the name of the ward
• He is also capacitated to donate to his own dispose of the same w/o 2. w/ the consent of the ward
children, whether of a present or prior marriage, & the consent of the husband 3. judicial permission is obtained
whether legitimate or illegitimate, provided that
the donation be taken from his capital or individual GR: she cannot donate Art. 737. The donor's capacity shall be determined as of the time of the making of the
property conjugal property w/o the donation.
• He may make donations of the conjugal husband’s consent
partnership w/o his wife’s consent in the ff: “Making” – “perfection” of the donation, & not at the time of the “giving”; it is
1. Moderate donations for charity or on Exceptions: perfected from the moment the donor knows of the acceptance by the donee
occasions of family rejoicing or family distress 1. She is the administratrix
2. Donations or promises to common legitimate of the conjugal Q: Donor donates Jan. 1. Donee accepts Jan. 5. Donor dies Jan. 8. Acceptance of
children (those of the husband AND the wife) partnership donation is received in donor’s house on Jan. 10. Was the donation ever perfected?
for the exclusive purpose of commencing or 2. Moderate donations for A: The donation was never perfected, and never became effective because the donor
completing a professional or vocational course charity or on occasion of never knew of the donee’s acceptance.
or other activity for self-improvement family rejoining or family
distress Q: Insane donor donates Jan. 1. Donee accepts Jan. 5. Donor becomes sane Jan. 7.
Donor receives acceptance Jan. 8, at the time he was sane. Is the donation valid?
Status of a Donation Made by an Incapacitated Person – following the law on A: Yes, because at the time of the “making” (perfection), both parties had capacity. If
contracts, said donations should be considered voidable; the answer would be the same the donor so desires, he can ask for annulment of the donation, on the ground that he
in case there was vitiated consent did not know what he was doing at the time he offered the donation.

Donation by a Corporation Art. 738. Al those who are not specially disqualified by law therefor may accept
• if a corporation makes a donation w/c is not expressly authorized by its donations.
articles, but w/c is not in itself illegal or prejudicial to creditors, but later on
the voidable (not void) is subsequently ratified, the ultra vires contract “Specially disqualified” – does not refer to those incapacitated to contract like
becomes a binding one, & the corporation is stopped from disputing its validity minors or those of unsound mind, but to people such as those mentioned in Art. 739, &
• a corporation, by virtue of its implied powers, may grant gratuities to its husbands & wives w/ respect to immoderate donations from each other (donations of
officers, servants & even strangers spouses inter se)

Art. 736. Guardians and trustees cannot donate the property entrusted to them. MAY BE DONEES CANNOT BE DONEES
1. Natural & Juridical Persons; even an 1. Conjugal Partnership –
Donation by a Guardian or Trustee – they may donate their own properties, unless unregistered partnership may become a cannot be a donee because it is
they are otherwise disqualified by law, but not the property entrusted to them, for the donee because it is a juridical/artificial not a natural or juridical person;
simple reason that they are not the owners thereof person despite its non-registration instead, the donation should be
2. Attorney-in-Fact of the donor; his given by the stranger to the
Trustees who Repudiate – trustees who have repudiated the trust & have acquired incapacity to purchase the property w/c he husband & wife, the share of the
the properties by prescription are allowed to donate said properties had been authorized to sell does NOT husband being credited to his
disqualify him as a donee; because while a capital, & that of the wife being
Q: May guardians/trustees donate property entrusted to them if they 1st obtain sale deceit may occur, this can hardly considered part of her
authorization from the courts? happen in a donation w/c is a gratuitous paraphernal property
A: Courts may NOT and should NOT grant any authorization, and even if granted, the disposal; the gratuitousness that essentially 2. Alien Religious Organizations
authorization should be considered void. This is because the making of a donation is a characterizes donations would itself put the – unless 60% of its capital stock
personal act, depending always on the liberality or generosity of the owner of the donor on his guard (since he must is owned by Filipinos; in case of
property. (Exception: In case of onerous donations where the owner would stand to understand nothing will be received in non-stock corporations, unless
benefit, for clearly the prohibition is directed at simple donations.) exchange for the gift), regardless of whether the controlling membership is in
the donee is an agent or a total stranger the hands of Filipinos;
3. Roman Catholic Church – since this is not
considered an alien corporation

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Art. 739. The following donations shall be void: Donations Between Spouses
(1) Those made between persons who were guilty of adultery or concubinage at the • Void by reason of public policy
time of the donation; • The rule is the same even if the spouses are merely common-law spouses, or
(2) Those made between persons found guilty of the same criminal offense, in persons living together as husband & wife w/o a valid marriage
consideration thereof;
(3) Those made to a public officer or his wife, descedants and ascendants, by reason of Art. 740. Incapacity to succeed by will shall be applicable to donations inter vivos.
his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by Who are Incapacitated to Inherit
the spouse of the donor or donee; and the guilt of the donor and donee may be proved 1. Absolute Incapacity – where in no case can there be a transmission of the
by preponderance of evidence in the same action. inheritance (e.g. abortive infant)
2. Relative Incapacity – where under certain conditions, a particular person
The First Kind – “Those made between persons who were guilty of Adultery or cannot inherit from a particular decedent (e.g. the priest who heard the
Concubinage at the time of the donation.” confession of the testator during his last illness) – See Art. 1027 & 1032
• The adultery/concubinage need not be proved in a criminal action
• In a civil action for declaration of nullity (such declaration being merely Q: D had an illness, and because he thought he was going to die, he confessed before
convenient & not necessary), the guilt may be proved by mere preponderance P, a priest. After the confession, D gave a donation to P. is the donation void, voidable,
of evidence or valid?
• If the donation took place after the commission of adultery/concubinage, the A: Void, because P is incapacitated to become D’s donee under the circumstances.
donation is considered valid, except if the consideration thereof is the
commission of the act Q: In the preceding question, suppose the donation had been given long before the
confession, would the answer be the same?
The Second Kind – “Those made between persons found guilty of the same A: No, because here the reason for the disqualification, the possibility of undue
criminal offense, in consideration thereof.” influence, does not exist.
• It is imperative that there must be a criminal conviction; hence, mere
preponderance of evidence showing guilt is not sufficient. But even if the Q: A tried to kill B. Later B forgave A, and as a matter of fact gave him a donation. Is A
crime is not carried out, the contract would still have an illegal cause, & should capacitated to become the donee here?
therefore be considered void. A: Yes, because there has been a condonation of the offense.
• It does Not matter whether the donation was made before or after the
commission of an offense. Hence, whether offered as a reward for a previous Q: A tried to kill B. But B did not know who the assailant was. Later, B gave A a
act, or the price for a future one, the fact remains that the consideration is donation. Is A capacitated to become the donee here?
void. A: No, because he is unworthy. In the law of testamentary succession, A would be
• This kind of donation inter vivos is NOT really a simple donation, but a considered unworthy to inherit. So in the law of donation, A would also be incapacitated
remuneratory or onerous one. And because the consideration is illegal, the as a donee.
donation should be considered void.
Q: A donated to B. Later B tries to kill A. under the law of succession, B would be
The Third Kind – “Those made to a public officer or his wife, descendants and incapacitated to inherit from A. Is the donation to B void, voidable or valid?
ascendants, by reason of his office.” A: Here, we cannot apply the law of succession because there are specific provisions on
• Purpose: to prevent bribery; even a gift given on the occasion of Christmas or this point right in the law of donations. The correct answer is, the donation to B is NOT
a birthday would come under the prohibition if the donor would not have given void, but merely voidable because this kind of gratitude is one of the causes for the
had the donee not been occupying a public office revocation of a simple donation inter vivos.
• Persons excluded: relatives not enumerated in the law can validly be given,
unless the purpose is to have such relative give the gift to the public officer Unworthiness of the Donee
• If it is the wife who is the public officer, “spouse” should refer to the husband • Art. 740 speaks of donations void by reason of unworthiness of the donee
• “public officer” refers not only to officials given discretionary powers but also • The incapacity applies to those mentioned under Arts. 1027 & 1032, except
to mere employees of the government such as a messenger who is in a par. 4 of Art. 1027 w/c refers to the disqualification to succeed of the witness
position to do either good or harm; hence the disqualification exists to a will, & some of their relatives
• The provision does not prevent the public officer from becoming a DONOR
Art. 741. Minors and others who cannot enter into a contract may become donees but
Reason why the donations are void – by reason of public policy acceptance shall be done through their parents or legal representatives.

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Minors May be Donees
Cross Reference to Art. 1544, Civil Code (Double Sale)
Q: An 11 year old was given a donation. Is the donation valid? • If the same thing should have been sold to different vendees, the ownership
A: Yes, by express provision of the law, but acceptance must be done thru his parents shall be transferred to the person who may have 1st taken possession thereof
or legal representatives. in good faith, if it be movable property
• Should it be immovable property, the ownership shall belong to the person
Q: May minors accept by themselves? acquiring it who in good faith 1st recorded it in the Registry of Property
A: It depends: • Should there be no inscription, the ownership shall pertain to the person who
1. If the donation is simple – Yes, because after all this is for the benefit of the in good faith was 1st in possession; and in the absence thereof, to the person
child. The exception is when written acceptance of the donation is required. In who presents the oldest title, provided there is good faith
such a case, the parents or legal representatives must intervene.
2. If the donation is onerous or conditional – No, because here some burden is Q: A donated his land to B, who accepted. The next day, A donated the same land to
imposed on the child. Here, the parents or legal representatives must C, who, not knowing that it had already been donated to B, accepted the same, &
intervene. If the minor nevertheless accepts by himself, the contract is registered the deed of donation in the Registry of Property. Who should be considered
considered voidable. as the lawful owner?
A: C, because of his registration in good faith. Note however that A should not have
Q: Can a father accept an onerous donation in favor of his child if the value of the donated the same property to C since he could not revoke the donation to B w/o any
burden exceeds P5000? legal or lawful cause. Since he should not have done so, he is liable to B for whatever
A: By himself, no. He should ask court approval, for in a case like this, his rights as damages B may suffer.
guardian are governed by the Rules of Court. If he goes ahead w/o judicial permission,
it is as if there has been no acceptance. Q: A father donated a parcel of land to his son Felix, but Felix did not take possession
of the land. 23 days later, the father donated the same land to another son Eugenio
Art. 742. Donations made to conceived and unborn children may be accepted by those who took possession immediately, no knowing that it had been previously been given
persons who would legally represent them if they were already born. to Felix. 4 years later, w/ full knowledge of the donation to Eugenio, Felix registered his
title (by donation) to the land. An action was brought by Eugenio to cancel the donation
Donations to Conceived & Unborn Children – the donations here refer to SIMPLE & to Felix; to cancel the registration by Felix; and to have himself (Eugenio) declared the
ONEROUS ones, except that in the case of the latter, if it turns out that the onerous owner. Will the action prosper?
donation proves unfavorable to the child, it is as if the conceived child possessed no A: Yes the action by Eugenio will prosper because Felix’s registration was made in bad
juridical personality. faith. Since Eugenio is the one in actual possession, he must be considered the owner,
even if the donation was 1st made in favor of Felix.
Requisites for Art. 742 to Apply
1. The child be born ALIVE later (if it had a normal intra uterine life) Art. 745. The donee must accept the donation personally, or through an authorized
2. Or that the child, after being born alive, should live for at least 24 hours (if it person with a special power for the purpose, or with a general and sufficient power;
had an intra uterine life of less than 7 months). Otherwise, if the child never otherwise, the donation shall be void.
possessed juridical personality, there being no donee, the donation is null &
void Thru Whom Acceptance of Donation May Be Made
1. A donee may accept personally
Art. 743. Donations made to incapacitated persons shall be void, though simulated 2. Thru an authorized person w/ a special power
under the guise of another contract or through a person who is interposed. 3. Thru an authorized person w/ a general & sufficient power

“Incapacitated” – it does not refer to minors or those who are insane, but to those Acceptance by an Agent
who are not allowed to become donees, like “persons who were guilty of adultery or • An ordinary agent or administrator CANNOT accept in behalf of the principal in
concubinage at the time of the donation o Simple donations – because the principal may not want to accept the
donor’s generosity
Q: A & B were paramours convicted of adultery. A donated to X, a mutual friend. Thru o Onerous donations - the principal may not want to be bound
a previous understanding, X donated the same thing to B. Are the donations valid? • A donation in favor of a church maybe accepted in its name by the parish
A: No, otherwise the purpose of the law is frustrated priest
• A donation in favor of a municipal corporation needs the signature of the
municipal mayor who will sign in behalf of the municipality (under Sec. 2196
Art. 744. Donations of the same thing to two or more different donees shall be
of the Revised Administrative Code); thus if the official who accepts is the
governed by the provisions concerning the sale of the same thing to two or more
municipal treasurer, the donation is null & void
different persons.

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Q: In the case of an onerous donation, if an agent or administrator w/o authority from Importance of the formalities for donations of movable property – w/o them,
the principal, accepts the donation in behalf of the principal, would the donation be the donation is completely VOID, and not merely voidable
valid, voidable, unenforceable or void?
A: Since an onerous donation is a contract, the rules on contracts must be followed. Formalities for the Donation of Movable Property
Hence the onerous donation entered into is an unauthorized contract, more specifically 1. If the value of the donated movable is MORE THAN 5000
an unenforceable contract. a. The donation must be in WRITING
b. The acceptance must also be in WRITING
Authorization Must be in a Public Instrument – the authorization must be in a c. Thus, if the donation is made in an affidavit, & the donee merely
public instrument conformably w/ Art. 1358. It should be noted that SPA is need when signifies his acceptance orally, the donation is NULL & VOID
an inheritance is to be accepted 2. If the value of the donated movable is 5000 OR LESS
a. Can be made orally, but here there must be:
Art. 746. Acceptance must be made during the lifetime of the donor and of the donee. i. Simultaneous delivery of thing
ii. Simultaneous delivery of the document representing the
Applicability of the Article on When Acceptance Must be Made right donated
1. Donations inter vivos b. The donation can be made in writing.
2. Onerous donations – w/o unconditional acceptance, there is no meeting of the c. But the law does not require the acceptance here to be in writing.
mind, & therefore no perfection of the contract (since it is governed by the law Acceptance may therefore be oral.
on contracts)
Art. 749. In order that the donation of an immovable may be valid, it must be made in
Reason for the Article – the donation is personal between the donor & the donee a public document, specifying therein the property donated and the value of the
charges which the donee must satisfy.
Q: A donated to B, who accepted. But before A knew of the acceptance, A died. Is the The acceptance may be made in the same deed of donation or in a separate
donation valid? public document, but it shall not take effect unless it is done during the lifetime of the
A: VOID. While it is true that acceptance is indeed made during the lifetime of both, donor.
still the donation was never perfected for the knowledge of the acceptance never If the acceptance is made in a separate instrument, the donor shall be notified
reached the donor. thereof in an authentic form, and this step shall be noted in both instruments.

Acceptance of Donations Mortis Causa Importance of the Formalities for Donation of Real Property - w/o them, the
• The acceptance by the donee must be made only after the donor’s death donation is completely VOID, and not merely voidable; this is because a donation of
• The reason is that this donation is really either a devise or a legacy, & is real property is a solemn contract
governed by the rules of testamentary succession
• Any acceptance made by the donee during the lifetime of the donor is of no Formalities for Donations of Real Property
effect & gives the donee no vested right thereto, because the donation mortis 1. If the deed of donation & the acceptance are in the same instrument
cause, like a will, is essentially revocable even w/o a justifiable cause a. The instrument must be a public document
b. The document must specify the property donated & the charges
Art. 747. Persons who accept donations in representation of others who may not do so (burdens), if any
by themselves, shall be obliged to make the notification and notation of which Article 2. If the deed of donation & the acceptance are NOT in the same instrument
749 speaks. a. The donation must be in a public instrument or document
b. The document must specify the property donated & the charges, if
Additional Duty of Those Who Accept for Others any (a donation w/c does not identify the land donated is of NO
1. The “persons” referred to here are duly authorized to do the acceptance EFFECT & is therefore void)
2. Notification & notation, in the proper cases, are essential for the perfection of c. The acceptance in a separate instrument must be in a public
the donation instrument
d. The donor shall be notified in authentic form of the fact that
acceptance is being made or has been made in a separate public
Art. 748. The donation of a movable may be made orally or in writing.
instrument
An oral donation requires the simultaneous delivery of the thing or of the document
e. The fact that there has been a notification must be noted in both
representing the right donated.
instruments (if the notification & the notation are not complied with,
If the value of the personal property donated exceeds five thousand pesos, the
the donation is void; but the donor may waive the necessity of a
donation and the acceptance shall be made in writing, otherwise, the donation shall be
formal notice or notification)
void.

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“Charges” Q: A donor donated part of his present property to a friend such that he did not
1. Conditions or burdens imposed if any (but w/c should not be equal in value to reserve for himself, even in usufruct, sufficient means for his own support. The donor
the realty donated) has no relatives who depend upon him for support. May the donati9on be reduced on
2. Encumbrances on the property such as lease, usufruct, or mortgage his own petition even if there are no relatives?
A: Yes, otherwise he would starve. The law expressly grants him this right.
Registration Not Required – the registration in the Registry of Property of the
donation of real property is NOT NEEDED for validity between the parties & their Q: Suppose he made the reservation but this does not appear in the deed of donation,
assigns; the registration is only useful for binding 3rd parties is the donation all right?
A: Yes, for the law does not state that the deed of donation must expressly say that a
Effects if the Donation is only in a Private Instrument reservation has been made. That indeed there was a reservation can be proved by
• The donation is null & void, unless it be a donation propter nuptias, because evidence aliunde (extrinsic evidence)
here the Statute of Frauds governs. However under the OCC, the donation
propter nuptias of real property had to be in a public instrument, otherwise it Donations NOT Included under the Article
was null & void 1. Onerous donation
• Neither party may compel the other to execute a public instrument because 2. Donation mortis causa
Art. 1367 does not apply. Art. 1367 applies only when the contract or donation 3. Donations propter nuptias
is already valid & enforceable, & its purpose is therefore only for convenience.
• Cannot really be ratified (if by ratification, we mean that the donation is valid “Present property” – that w/c the donor can dispose of at the time of the donation;
from the very beginning).) This is because the donation in a private thus a donation of accrued but undelivered inheritance may come under this article
instrument (of real property) is not merely voidable, but VOID. But if a new
donation is made, ratifying the previous one, this is all right, but this is The relatives – the law states “relatives at the time of the acceptance of the
because of the new donation (and not the old one), hence the ratification here donation,” but this really refers to the relatives at the time of the knowledge of the
will not have any retroactive effect. acceptance, for before such knowledge, there has been no perfection yet as of the
• A void donation may serve as basis for acquisitive prescription. Although the donation
private instrument of donation does not transfer ownership over the property,
still the “donee” who received the same may eventually acquire the property Payment of Existing Creditors – the donor must reserve enough of his property to
by prescription since the possession would be adverse & in concepto de dueno. pay off his DEBTS contracted BEFORE the donation, otherwise there is a presumption
that the donation was made to defraud creditors
Transfer of Ownership & Possession – a valid donation of real property in a public
instrument transfers not only ownership but also possession because the execution of Art. 751. Donations cannot comprehend future property.
such instrument is one form of delivery unless there is a contrary intention w/c can be By future property is understood anything which the donor cannot dispose of
inferred from the deed at the time of the donation.

CHAPTER 3: EFFECT OF DONATIONS AND LIMITATIONS THEREON “Future Property” - Future inheritance cannot be the object of a donation, but
PRESENT or ACCRUED inheritance may be, even if the properties have not yet been
Art. 750. The donations may comprehend all the present property of the donor, or part delivered, for in succession, the rights to the inheritance are transmitted from the very
thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the moment of the death
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. Without such reservation, Example: In the law of conditional obligations, when the suspensive condition is
the donation shall be reduced in petition of any person affected. fulfilled, the effects retroact to the date of the constitution of the obligation. Thus, if a
person is promised a car if he passes the bar, may he right now donate the car to
Reason for the Law on Donations w/o the Needed Reservation somebody else? It is submitted that he can, because although right now the car may
• The claims of the donor’s own family should not be disregarded be as to him still “future property,” still when he passes the bar, the ownership
• The father of a big family must reserve an amount sufficient for those he may retroacts to the day the obligation was constituted.
be called upon to support
• The sufficiency can be determined by the court in accordance w/ prudence & Rationale for Prohibition on Donation of Future Property – one cannot give away
the exercise of reasonable discretion that w/c he does not have; if a person is allowed to donate property w/c, for example,
he has not yet purchased, the likelihood exists that he may decide not to purchase the
Status of the Donation – an excessive donation under this Article is NOT void, but property anymore, hence rendering the donation ineffective. If this were to be allowed,
merely reducible to the extent support of the relatives is impaired. The party prejudiced this would militate against the irrevocability, as a rule, of a donation inter vivos, save
can ask the court for the reduction for causes provided for by law.

SIENNA A. FLORES PROPERTY