Validating a donation of an immovable

Dear PAO,

I have been working for Mr. Tan as his secretary for almost 35 years now, and I am about to retire next
year when I turn 65. Because Mr. Tan recognized my loyalty all throughout the years, he decided to give
me by way of a donation a 250-square meter residential lot in the province of Quezon, the certificate of
title of which belongs to him. As he is giving it to me, he wanted me to take care of the process of
transferring the title to my name. The Register of Deeds of the province, however, required me to present
a deed of donation from Mr. Tan showing me as the donee of the property. Is this necessary? Thanks in
advance!

Carla

Dear Carla,

Yes, Carla, for the Register of Deeds to have the authority to transfer the title to your name, you must
first be able to present an instrument showing the mode of your acquisition (i.e., deed of absolute sale,
donation, assignment, etc.). In this case, you mentioned that the parcel of land in the province of
Quezon is being given to you by way of a donation.

Article 749 of the New Civil Code provides:

Article 749. 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. (633)

Based on the foregoing, you must request from Mr. Tan a written deed of donation, which also shows
your acceptance in a single or separate public instrument that which you should present to the Register
of Deeds.

As can be gleaned above, the mode of donation will only be effective, if and only if, the requirements
are complied with, and compliance with the other requirements that the Register of Deeds may require
from you (i.e., payment of Donors Tax, etc.).