Jurisprudence On Donation

Jurisprudence on donation
REPUBLIC OF THE PHILIPPINES, petitioner, vs. LEON SILIM and

ILDEFONSA MANGUBAT, respondents. |||
(Republic v. Silim, G.R. No. 140487, [April 2, 2001], 408 PHIL 69-82)
Donations, according to its purpose or cause, may be categorized as: (1) pure
or simple; (2) remuneratory or compensatory; (3) conditional or modal; and (4)
onerous. A pure or simple donation is one where the underlying cause is plain
gratuity. 8 This is donation in its truest form. On the other hand, a
remuneratory or compensatory donation is one made for the purpose of
rewarding the donee for past services, which services do not amount to a
demandable debt. 9 A conditional or modal donation is one where
the donation is made in consideration of future services or where the donor
imposes certain conditions, limitations or charges upon the donee, the value
of which is inferior than that of the donation given. 10 Finally, an
onerous donation is that which imposes upon the donee a reciprocal
obligation or, to be more precise, this is the kind of donation made for a
valuable consideration, the cost of which is equal to or more than the thing
donated |||
Under the law the donation is void if there is no acceptance.

The acceptance may either be in the same document as the deed
of donation or in a separate public instrument. If the acceptance is in
a separate instrument, "the donor shall be notified thereof in an
authentic form, and his step shall be noted in both instruments.
"Title to immovable property does not pass from the
donor to the donee by virtue of a deed of donation until and
unless it has been accepted in a public instrument and the
donor duly noticed thereof. (Abellera vs. Balanag, 37
Phils. 85; Alejandro vs. Geraldez, 78 SCRA 245). If the
acceptance does not appear in the same document, it must be
made in another. Solemn words are not necessary; it is
sufficient if it shows the intention to accept, But in this case, it
is necessary that formal notice thereof be given to the donor
and the fact that due notice has been given it must be noted in
both instruments (that containing the offer to donate and that
showing acceptance). Then and only then is
the donation perfected. (11 Manresa 155-11, cited in
Vol. II, Civil Code of the Philippines by Tolentino.)."
||| Sections 745 and 749 of the New Civil Code provide:
ARTICLE 745. The donee must accept
the donation personally, or through an authorized person with a
special power for the purpose, or with a general and sufficient power;
otherwise the donation shall be void.
ARTICLE 749. In order that the donation of an immovable may
be laid, it must be made in a public document, specifying therein the
property donated and the value of the charge 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.
|||
RICKY Q. QUILALA, petitioner, vs. GLICERIA ALCANTARA, LEONORA

ALCANTARA, INES REYES and JOSE REYES, respondent. ||
|(Quilala v. Alcantara, G.R. No. 132681, [December 3, 2001], 422 PHIL 649-
658)
Under Article 749 of the Civil Code, the donation of an immovable must be
made in a public instrument in order to be valid, specifying therein the property
donated and the value of the charges which the donee must satisfy. As a
mode of acquiring ownership, donation results in an effective transfer of title
over the property from the donor to the donee, and is perfected from the
moment the donor knows of the acceptance by the donee, provided the donee
is not disqualified or prohibited by law from accepting the donation. Once
the donation is accepted, it is generally considered irrevocable, and the donee
becomes the absolute owner of the property. The acceptance, to be valid,
must be made during the lifetime of both the donor and the donee. It may be
made in the same deed or in a separate public document, and the donor must
know the acceptance by the donee. |||
SYNOPSIS
Catalina Quilala executed a Donation of Real Property Inter Vivos in

favor of Violeta Quilala over a parcel of land. Here in issue is the validity of the
said Deed ofDonation.
As the Deed of Donation complied with the requirements provided
under Art. 749 of the Civil Code, the Deed is valid. The fact that the second
page of the Deed of Donation on which only the Acknowledgment appeared
was signed by the donor and one witness on the left-hand margin, and by the
donee and the other witness on the right-hand margin, the same does not
affect the validity of the instrument. The requirement that the contracting
parties and their witnesses should sign on the left-hand margin of
the instrument is merely to ensure that each and every page of
the instrument is authenticated by the parties. Further, although the donee
was not mentioned by the notary public in the Acknowledgment, the same
does not render the page a private instrument as the donee nevertheless
signed on that second page. The acceptance, which was explicitly set forth on
the first page of the notarized Deed of Donation, was, therefore, made in
a public instrument.
CIVIL LAW; MODES OF ACQUIRING OWNERSHIP; DONATION OF AN
IMMOVABLE; REQUIREMENTS. — Under Article 749 of the Civil Code,
the donation of an immovable must be made in a public instrument in order to
be valid, specifying therein the property donated and the value of the charges
which the donee must satisfy. As a mode of acquiring
ownership, donation results in an effective transfer of title over the property
from the donor to the donee, and is perfected from the moment the donor
knows of the acceptance by the donee, provided the donee is not disqualified
or prohibited by law from accepting the donation. Once the donationis
accepted, it is generally considered irrevocable, and the donee becomes the
absolute owner of the property. The acceptance, to be valid, must be made
during the lifetime of both the donor and the donee. It may be made in the
same deed or in a separate public document, and the donor must know the
acceptance by the donee. |||
TITO R. LAGAZO, petitioner, vs. COURT OF APPEALS and ALFREDO

CABANLIT, respondents. |||
(Lagazo v. Court of Appeals, G.R. No. 112796, [March 5, 1998], 350 PHIL
449-465)
CIVIL LAW; OBLIGATIONS AND CONTRACTS; DONATION;

SIMPLE DONATION DIFFERENTIATED FROM ONEROUS DONATION. —
At the outset, let us differentiate between a simple donation and an onerous
one. A simple or pure donation is one whose cause is pure liberality (no
strings attached), while onerous donation is one which is subject to burdens,
charges or future services equal to or more in value than the thing donated.
Under Article 733 of the Civil Code, donations with an onerous cause shall be
governed by the rules on contracts; hence, the formalities required for a valid
simple donation are not applicable.|||

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Jurisprudence on donation

REPUBLIC OF THE PHILIPPINES, petitioner, vs. LEON SILIM and

Under the law the donation is void if there is no acceptance.

RICKY Q. QUILALA, petitioner, vs. GLICERIA ALCANTARA, LEONORA

Catalina Quilala executed a Donation of Real Property Inter Vivos in

TITO R. LAGAZO, petitioner, vs. COURT OF APPEALS and ALFREDO

CIVIL LAW; OBLIGATIONS AND CONTRACTS; DONATION;

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