Donor’s choice of who to give property to is his alone

Persida Acosta

Persida Acosta

Dear PAO,
I would like to seek your advice regarding the house and lot my father’s employer promised to give him sometime in December 2009. According to his employer, the title should be transferred to one of his daughters because my father is already old. I am one of his daughters, but my other sisters do not want that the title be transferred under my name. They are insisting that the title be under my father’s name. Can you please enlighten me on what to do? Why can’t the title be transferred under my father’s name?

Dear Ofie,
It is safe to assume that the employer of your father wants your father to enjoy the property. This desire of his is evident when he promised to give him the house and lot back in December 2009. However, it is also apparent that he does not wish that the ownership of the property be transferred to your father because he specifically required that the title of the said property be transferred to one of his daughters, you being one of them. So essentially, the donee must either be you or one of your sisters.

Accordingly, your sisters cannot insist that the title be transferred under your father’s name. It bears stressing that your father’s employer is the donor. And by the very nature of donation, the property will be given without him receiving any valuable consideration. Hence, the choice as to who the property will be conveyed to is all up to him.

Correspondingly, you and your sisters must come to an agreement as to who the title of the said house and lot will be transferred to. Thereafter, you must inform your father’s employer relative to the decision you and your sisters have made in order to proceed with the donation.

Please be advised that the contract of donation between the donor and the donee must appear in a public document. While generally speaking, donation may be done orally or in writing, Article 749 of the New Civil Code of the Philippines specifically provides that, in order for the donation of an immovable property to be valid, it must be made in a public document, particularly indicating the property to be donated as well as the value of the charges which the chosen donee must satisfy. In addition, the donee must express her acceptance of the donation, whether it be in the same deed or in a separate public document, provided it is done during the lifetime of the donor. If the acceptance is made in a separate public document, the donor must be notified thereof in an authentic form and the same must be noted in both instruments (Article 749, New Civil Code of the Philippines).

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


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1 Comment

  1. Dear Pao. May illlegimate child po ako 7yrs old na babae,,anu po gagawin ko lagi kming ginugulo ng dati kung ka live in ung tatay niya gusto niyang hiramin ung bata minsan hondi ko pinapayagan,dahil sabi ng nag aalaga amoy alak daw siya minsan naman pumupunta sa bhay ng gabi pero hindi ko na inilalabas ung anak ko,,dun po siya nagagalit at minsan nagsisigaw aming gate.. Wala rin siyang biinibigay n sustenso sa bata,,anu pong gagawin ko dapat po bng lumipat kme ng bahay o umuwi n lng po kming mag ina sa probinsiya ng aking magulang,,hindi po b labag sa batas n itakas ko ung anak ko kahit hindi po niya sinusustintuhan?at mawawalan po b ako ng custody sa anak ko kung sakaling mag asawa n po ako?