DONATION

DONATIONS MORTIS CAUSA

(Art. 728)
Donations which are to take
effect upon the death of the
donor partake of the nature of
testamentary provisions, and
shall be governed by the rules
established in the Title on
Succession.
The distinguishing characteristics
of a donation mortis causa are the
following:

1. It conveys no title or ownership of

the transferee before the death of
the transferor; or, what amounts to
the same thing, that the transferor
should retain the ownership (full or
naked) and control of the property
while alive;
The distinguishing characteristics of a
donation mortis causa are the following:

2. That before his death, the transfer

should be revocable by the
transferor at will, ad nutum; but
revocability may be provided for
indirectly by means of a reserved
power in the donor to dispose of
the properties conveyed;
The distinguishing characteristics of a
donation mortis causa are the following:

3. That the transfer should be

void if the transferor should
survive the transferee
(Austria-Magat v. CA GR#106755 Feb.
1, 2002)
DONATION INTER VIVOS
(Art. 729)
When the donor intends that the donation
shall take effect during the lifetime of the
donor, though the property shall not be
delivered till after the donor’s death, this
shall be a donation inter vivos. The fruits of
the property from the time of the
acceptance of the donation, shall pertain
to the done, unless the donor provides
otherwise.
WHEN DONATION IS DEEMED
PERFECTED (Art. 734)

The donation is perfected from

the moment the donor knows
of the acceptance by the done.
(underscoring supplied)
WHEN ACCEPTANCE IS TO BE
MADE (ART. 746)

Acceptance must be made

during the lifetime of the
donor and of the donee.
(underscoring supplied)
 ACCEPTANCE BY DONEE
(Art. 745)
The donee must accept the
donation personally, or through
an authorized person with a
special power for the purpose, or
with a general and sufficient
power; otherwise, the donation
shall be void.
 VOID DONATIONS (Art. 739)
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/her
spouse, descendants and ascendants, by
reason of his office.
 DONATION OF A MOVABLE PROPERTY
(Art. 748)
 If the value of the property is P5,000 or less,
the donation maybe oral or written.

 Oral donation requires the simultaneous

delivery of the thing or of the document
representing the right donated.

 If the value of the property exceeds P5,000,

the donation and the acceptance shall be
made in writing. Otherwise, the donation shall
be void.
 DONATION OF AN IMMOVABLE
PROPERTY – WHEN VALID
(Art. 749)
 Donation of an immovable may be valid if:
1. Made in a public document;
2. Specifying therein the property donated
and the value of the charges which the
done must satisfy.
DONATION OF AN IMMOVABLE PROPERTY – WHEN
VALID (Art. 749)

 Acceptance must be done:

1. In the same deed of donation or in a
separate public document;
2. During the lifetime of the donor

 If acceptance is made in a separate instrument

1. The donor shall be notified thereof
2. In an authentic form.