Civil Code Art. 728: Nature of Donations

Statute: Civil Code
Article: Art. 728
Topic: Nature of Donations
Status: In force
Book: BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
Title: TITLE III DONATION
Chapter: CHAPTER 1 Nature of Donations
Formerly: Art. 620 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. (620)

Intellegal Wiki · In plain terms

Donations meant to take effect only when the donor dies are treated like provisions in a will, not ordinary lifetime gifts. They must therefore follow the rules on succession — including the formalities for wills — rather than the rules for regular donations.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Maria Teresa Dino Basa-Egami v. Dr. Lisa Grace Bersales G.R. No. 249410
Ursulina Ganuelas v. Hon. Robert T. Cawed G.R. No. 123968

Related provisions in this Chapter

Civil Code, Art. 727 Nature of Donations
Civil Code, Art. 729 Nature of Donations
Civil Code, Art. 733 Nature of Donations
Civil Code, Art. 734 Nature of Donations

Civil Code, Art. 728 is found in CHAPTER 1 Nature of Donations of TITLE III DONATION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.