- Statute
- Civil Code
- Article
- Art. 749
- 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. 633 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
To validly donate real property, the donation must be made in a public document that specifies the property and the value of any charges the donee must satisfy. The donee's acceptance must also be in a public document, in the same deed or a separate one, and must happen while the donor is alive; if made separately, the donor must be notified in authentic form and this step noted in both instruments.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Rowena Patenia-Kinatac-An v. Enriqueta Patenia-Decena, the Supreme Court held: The 2004 Rules on Notarial Practice requirement that the parties sign the notarial register does not apply retroactively; a 2002 donation governed by the Revised Administrative Code is validly notarized and, complying with Article 749, is valid.
One leading Supreme Court case applying this provision.
Cases applying this article
- Jocelyn N. Zampaga As Natural Guardian of Johnnie N. Zampaga Also Known As Johnnie N. Nerida v. Elena G. Nerida Represented By Her Attorney-In-Fact G.R. No. 239918
- Technology Resource Center (Trc) (Formerly Known As Technology v. Heirs of Rodolfo Manipol Alvarez G.R. No. 214410
- Pastor Jose Sy v. Spouses Franklin A. Antonio G.R. No. 230120
- Rowena Patenia-Kinatac-An v. Enriqueta Patenia-Decena G.R. No. 238325
- Felomina Abellana v. Spouses Romeo Ponce G.R. No. 160488
- Lydia Sumipat v. Brigido Banga G.R. No. 155810
- Republic of the Philippines v. Leon Silim G.R. No. 140487
- Tito R. Lagazo v. Court of Appeals G.R. No. 112796
Other Supreme Court decisions also apply this article.