- Statute
- Civil Code
- Article
- Art. 748
- Topic
- Persons Who May Give or Receive a Donation
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE III DONATION
- Chapter
- CHAPTER 2 Persons Who May Give or Receive a Donation
- Formerly
- Art. 632a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The donation of a movable may be made orally or in writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void. (632a)
Intellegal Wiki · In plain terms
A gift of movable (personal) property can be made simply by word of mouth, but an oral gift only takes effect if the item, or the document representing the right, is handed over at the same time. If the property is worth more than five thousand pesos, both the donation and its acceptance must be put in writing; otherwise the gift is void.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Spouses Ruth Dizon Devisfruto v. Maxima L. Greenfell G.R. No. 227725
- Victor Yam & Yek Sun Lent v. The Court of Appeals G.R. No. 104726
- Doris Marie S. Lopez v. Aniceto G. Saludo, Jr. G.R. No. 233775
- Esperanza C. Carinan v. Spouses Gavino Cueto G.R. No. 198636