Scribd Logo
Upload

Welcome to Scribd!

  • 38 views

    Guidelines On Donations

    Uploaded by

    Toast
    1) A donation is perfected once the donor knows of the donee's acceptance. 2) For a donation to be valid, the donor must have capacity and donative intent, the property must be delivered, and the donee must accept. 3) A donation may cover all or part of a donor's present property as long as they reserve sufficient means for support of themselves and relatives entitled to support. Future properties cannot be subject to donation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Guidelines On Donations

    Uploaded by

    Toast
    38 views2 pages
    1) A donation is perfected once the donor knows of the donee's acceptance. 2) For a donation to be valid, the donor must have capacity and donative intent, the property must be delivered, and the donee must accept. 3) A donation may cover all or part of a donor's present property as long as they reserve sufficient means for support of themselves and relatives entitled to support. Future properties cannot be subject to donation.

    Original Title

    GUIDELINES ON DONATIONS

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) A donation is perfected once the donor knows of the donee's acceptance. 2) For a donation to be valid, the donor must have capacity and donative intent, the property must be delivered, and the donee must accept. 3) A donation may cover all or part of a donor's present property as long as they reserve sufficient means for support of themselves and relatives entitled to support. Future properties cannot be subject to donation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views2 pages

    Guidelines On Donations

    Uploaded by

    Toast
    1) A donation is perfected once the donor knows of the donee's acceptance. 2) For a donation to be valid, the donor must have capacity and donative intent, the property must be delivered, and the donee must accept. 3) A donation may cover all or part of a donor's present property as long as they reserve sufficient means for support of themselves and relatives entitled to support. Future properties cannot be subject to donation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    GUIDELINES ON DONATIONS

    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 the 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)
    5. If the Donee is a native born Filipino and has acquired foreign citizenship,
    he must execute an “Affidavit of Citizenship for Batas Pambansa
    Blg. 185” and submit it together with the Deed of Donation to the Registry
    of Deeds where the property is located. 

    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.
     
     FN 20-01 . . . P2

    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).

    You might also like