Aunts can donate property to their nephews

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Persida Acosta

Persida Acosta

Dear PAO,
How can I donate one of my properties to my nephew? What should be done to have the title transferred in his name?
RT

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Dear RT,
Article 725 of the Civil Code of the Philippines defines donation as an act of liberality whereby a person disposes of a thing or right in favor of another, who accepts it. It may be accepted by any person who is not specifically disqualified by law to receive donation (Article 738, Ibid.).

Our laws do not prohibit nephews from receiving donations from their aunts or uncles. Hence, you may donate one of your properties to your nephew. To be able to do so, you shall need to execute a Deed of Donation and specify therein the property that you are donating and the value and charges which your nephew must satisfy. Your nephew, on the other hand, shall need to accept the donation during your lifetime personally or through an authorized person with a special power for the purpose or with a general and sufficient power (Article 745, Id.). He may signify his acceptance in the same Deed of Donation or in a separate public document. If acceptance was made in a separate public document, your nephew shall need to notify you of the same and to note such acceptance in both the Deed of Donation and the public document used for acceptance (Article 749, Id.).

Once the donation has been validly effected, you need to submit the Deed of Donation and the separate public document for acceptance, if there’s any, with the Registry of Deeds of the place where the land is situated for entry and registration. The Register of Deeds shall then enter in the registration book the fact that you already donated your property. He shall then prepare and deliver to your nephew a new certificate of title issued in his name. Thereafter, the Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The original and the owner’s duplicate of the title issued in your name shall be stamped “cancelled.” Your deed of donation shall be filed and indorsed with the number and the place of registration of the certificate of the title and land conveyed (Section 57, Presidential Decree No. 1529).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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1 Comment

  1. Dear Pao,
    As a foreigner with residency by right of marriage. With A Filipina Step Daughter, no other children in both our previous marriages, will she inherit our properties, assets etc automatically here in the Philippines or do we need to go through some beuracratic hoops? I have a will in Scotland where, succeeding her Mother she will be the sole beneficiary but our solicitor is not sure if this will & testament will be recognised here.
    Regards,
    A. McM