Property donation

Dear Atty. Angela,

I am already of advanced age and I have acquired several properties as my investment. Since I have no children, I plan to donate and sell some of my properties to relatives and friends. My sister’s grandchild is close to me and is about to go to college. I intend to donate to her my condominium located near the area of her university. I would like to learn the legal process of donating a property.

Divina

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Dear Divina,

As a mode of acquiring ownership, donation results in a transfer of title over the property from the donor to the donee, and is perfected from the moment the donor is made aware of the acceptance by the donee, provided that the donee is not disqualified or prohibited by law from accepting the donation.

In order that a donation of an immovable property be valid, the following elements must be present: (a) the essential reduction of the patrimony of the donor; (b) the increase in the patrimony of the donee; (c) the intent to do an act of liberality or animus donandi; (d) the donation must be contained in a public document; and (e) that the acceptance thereof be made in the same deed or in a separate public instrument; if acceptance is made in a separate instrument, the donor must be notified thereof in an authentic form, to be noted in both instruments.[1]

Once the donation is accepted, it is generally considered irrevocable, and the donee becomes the absolute owner of the property, except on account of officiousness, failure by the donee to comply with the charge imposed in the donation, or ingratitude. The acceptance, to be valid, must be made during the lifetime of both the donor and the donee. It must be made in the same deed or in a separate public document, and the donee’s acceptance must come to the knowledge of the donor.[2] These requirements in a deed of donation must be fully observed for there to be a valid donation.

Based on the foregoing, you as the donor, may voluntarily transfer ownership over your property to your sister’s grandchild, the donee, who must accept the donated property in a deed.

Atty. Angela Antonio