Validating a donation of an immovable

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Persida Acosta

Dear PAO,
I have been working for Mr. Tan as his secretary for almost 35 years now, and I am about to retire next year when I turn 65. Because Mr. Tan recognized my loyalty all throughout the years, he decided to give me by way of a donation a 250-square meter residential lot in the province of Quezon, the certificate of title of which belongs to him. As he is giving it to me, he wanted me to take care of the process of transferring the title to my name. The Register of Deeds of the province, however, required me to present a deed of donation from Mr. Tan showing me as the donee of the property. Is this necessary? Thanks in advance!
Carla

Dear Carla,
Yes, Carla, for the Register of Deeds to have the authority to transfer the title to your name, you must first be able to present an instrument showing the mode of your acquisition (i.e., deed of absolute sale, donation, assignment, etc.). In this case, you mentioned that the parcel of land in the province of Quezon is being given to you by way of a donation.

Article 749 of the New Civil Code provides:

“Article 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy.


The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.

If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633)”

Based on the foregoing, you must request from Mr. Tan a written deed of donation, which also shows your acceptance in a single or separate public instrument that which you should present to the Register of Deeds.

As can be gleaned above, the mode of donation will only be effective, if and only if, the requirements are complied with, and compliance with the other requirements that the Register of Deeds may require from you (i.e., payment of Donor’s Tax, etc.).

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.

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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