DONATION
property shall not be delivered till
NATURE OF DONATIONS
 DONATION is an act of liberality
whereby a person disposes
gratuitously of a thing or right in
favor of another, who accepts it.
Elements:
1. an act of liberality;
2. person disposes gratuitously
of a thing or right; and
3. it was made in favor of
another, who accepts the
same.
 DEEMED DONATION. When a person
gives to another a thing or right by
reason of the following instances,
they are deemed a donation:
1. On account of the latter’s
merits;
2. Services rendered by the
latter to the donor, provided
they do not constitute
demandable debt; or
3. When the gift imposes upon
the donee a burden which is
less than the value of the
thing.
 CONDITIONS AS NOT IMPOSED.
Illegal or impossible conditions in
simple and remuneratory donations
shall be considered as not imposed.
 REMAINS TO BE DONATION INTER
VIVOS. When the donor intends that
the donation shall take effect during
the lifetime of the donor, though the
after the donor’s death, this shall be
a donation inter vivos.
General Rule: fruits of the property
from the time of the acceptance of
the donation, shall pertain to the
donee.
Exception: when the donor provides
otherwise.
Eg. Father donates to his son
a parcel of land and accepts the
same in a public instrument.
However, the possession remains
with the father until his death.
Supposed the fruits accrued will
pertain to the father, he became the
usufructuary of the said parcel of
land and the son as the naked
owner.
 KNOWLEDGE OF THE ACCEPTANCE.
Donation is perfected only from the
moment the donor knows the
acceptance by the donee.
PERSONS WHO MAY GIVE OR RECEIVE A
DONATION
 WHO CAN DONATE? All persons who
may contract and dispose of their
property may make a donation.
 PROPERTIES THAT ARE MERELY
ENTRUSTED. Guardians and trustees
 cannot donate the property
entrusted to them.
 VOID DONATIONS. The followings
shall be void:
1. Those made between
persons who were guilty of
adultery or concubinage at
the time of the donation;
2. Those made between
persons found guilty of the
same criminal offense, in
consideration thereof;
3. Those made to a public
officer or his wife,
descendants and ascendants,
by reason of his office.
Comment:
1. The first kind—those made
between persons who were
guilty of adultery or
concubinage at the time of
the donation.
a. The adultery or
concubinage need not be
proved in a criminal action.
The guilt may be proved by a
preponderance of evidence.
b. If the donation was
made after the adultery or
concubinage, then it is valid
except if the consideration
thereof is the commission of
the act
c. If the perpetrators are
merely sweethearts but
don’t have any sexual
intercourse with one
another, then this
prohibition is not applicable.
Remember the elements of
adultery and concubinage.
2. The second kind—those
made between persons
found guilty of the same
criminal offense, in
consideration thereof
a. There must be a
criminal conviction—mere
preponderance of evidence
showing guilt is not sufficient
b. It doesn’t matter
whether the donation was
made before or after the
commission of the offense
3. The third kind — those
made to a public officer or
his wife, descendants, and
ascendants by reason of his
office
a. Purpose — to prevent
bribery