JMC COLLEGE OF LAW

Name : Salman M. Johayr

Instructor : Atty. Kristine Mae M. Quibod, EnP

Subject : Law on Property

Date submitted : September 2, 2020

1.

Under Article 725 of the Civil Code, donation is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another, who accepts it.

Hence, the general characteristics of a donation under the same code are the
following: (a) consent, subject matter, cause; (b) the necessary form including the delivery in
some cases; (c)consent or acceptance by done during donor’s lifetime; (d) irrevocability
except for legal cause; (e) the inetent to benefit the donee (animus donandi); and (f) the
resultant decrease in the assets or patrimony of the donor.

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2.

As enshrined in Article 734 of the Civil Code, donation is perfected from the moment
the donor knows of the acceptance by the done.

Therefore, the essential requisites of donation shall be borne in mind, to wit: (1)
donor must have Capacity to make the donation; (2) he must have donative Intent (animus
donandi); (3) there must be delivery; (4) the donee must accept or consent to the donation
during the lifetime of the donor and of the donee in case of donation inter vivos. However, it
should be noted that pursuant to Article 746 of the same code, whereas in case of donation
mortis causa, acceptance is made after donor’s death because they partake of a will (Art.
728, NCC).

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3.

CLASSIFICATION OF KINDS OF DONATION DEFINITION OF THE KINDS

DONATIONS OF DONATION
(a) From the viewpoint of 1. simple donation - the cause is pure liberality
motive, purpose, or cause
2. remuneratory (of the First - the purpose is to reward
kind) past services, with no strings
attached

3. remuneratory (of the - the purpose is to reward

Second kind) future services or because of
certain future charges or
burdens, when the value of
said services, burdens, or
charges is less than the
value of the donation

4. Onerous - the burdens and charges

equal to the value of the
thing donated

5. Modal - the consideration is less

than the value of the thing
donated

(b) From the viewpoint of 1. inter vivos - refers to donation of

time of taking effect personal property made by
the donor made during
his/her lifetime, delivered to
the donee with the intention
of irrevocably surrendering
control over the property.

2. in praesenti to be - refers to a present grant of

delivered in future a future interest. Also
considered inter vivos.

3. mortis causa - refers to a gift made by

someone because death
seems imminent. The goods
or title would be transferred
with the understanding that
ownership is contingent upon
that death.

(c) From the viewpoint of 1. ordinary donation - is a way to transfer property

occasion well within an owner’s
lifetime, and without any
monetary consideration.
Specifically it is defined as a
donation is an act of liberality
whereby a person disposes

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2. donation propter nuptias
(in consideration of marriage)
(d) From the viewpoint of 1. corporeal property
object donated
2. Incorporeal property
gratuitously of a thing or right
in favor of another, who
accepts it
- refers to donations by
reason of marriage, those
made before its celebration,
in consideration of the same
and in favor of one or both of
the future spouses.
- those donations of real
property and donations of
personal property
- those donations of
alienable rights.
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4.

DONATION INTER VIVOS DONATION MORTIS CAUSA

- it takes effect during lifetime of donor and - it takes effect after the death of the donor
must follow the formalities of donations and must follow the formalities of wills and
codicils

- it cannot be revoked except for grounds - it can be revoked anytime and for any
provided for by law reason while the donor is still alive

- In case of impairment of the legitime, - here, in case the legitime is impaired,

donations inter vivos are preferred to donations mortis causa are reduced ahead
donations mortis causa of donations inter vivos, the latter being
preferred

- the right of disposition is completely - The right of disposition isn’t transferred to

transferred to the done the donee while the donor is still alive

- Acceptance by donee must be during - Acceptance by donee mortis causa can be

lifetime of donor only be done upon donor’s death

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5.

Under Article 738 of the Civil Code which provides that all those who are not
specially disqualified by law therefor may accept or receive donations. Based from this
provision, the “specially disqualified” does not refer to those incapacitated to contract like
minors or those of unsound mind, and husbands and wives with respect to immoderate
donations from each other.

Those who cannot receive donations on the other hand, are governed by Article 739
of the same Code wherein, the following donations shall be void: (1) those made between
persons who are guilty of adultery or concubinage at the time of the donation; (2) those
made between persons found guilty of the same criminal offense, in consideration thereof;
(3) those made to a public officer or his wife, descendants and ascendants, by reason of his
office.

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6.

Under the law of succession, there are two (2) kinds of types or kinds of incapacity to
inherit, to wit:

(a) absolute incapacity, where in no case can there be a transmission of the

inheritance, such as an abortive infant;

(b) relative incapacity, where under certain conditions, a particular person cannot
inherit from a particular decedent, like the priest who heard the confession of the
testator during his last illness.

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7.

Under the Civil Code, the incapacitated to receive donations are the following:

(a) minors, minors under the law may become donees but acceptance shall be done
through their parents or legal representatives;

(b) unsound mind, those denoting lunacy and insanity; same, acceptance shall be
done through their parents or legal representatives;

(c) conceived and unborn children, donation may be accepted by those persons who
would legally represent them if they were already born.

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8.

The owner of the property now would be C, because of his registration in good faith.
It should be noted that under the law, donation or selling of immovable property, the
ownership shall belong to the person acquiring it who in good faith first recorded it in the
Registry of Property.

Yes. The rules on double sales will still be applied. Under Article 744 of the Civil
Code, donations of the same thing to two or more different donees shall be governed by the
provisions concerning the sale of the same thing to two or more different persons. Therefore,
the rule on double sales will apply.

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9.

An Inofficious donation exists when a donation exceeds the legitime reserved to

compulsory heirs. The inofficiousness can then be raised and the excess reduced only after
the death of the decedent. Any earlier would be premature.

Under Article 752 of the Civil Code which provides, The provisions of article 750
notwithstanding, no person may give or receive, by way of donation, more than he may give
or receive by will. The donation shall be inofficious in all that it may exceed this limitation.

Hence, during the lifetime of the donor, the inofficious donation is effective since the
excessiveness of the donation can only be determined after the donor’s death.

10.

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 Collation is defined under the law as the process of adding the value of thing donated
to the net value of hereditary estate. To collate is to bring back or return to the hereditary
mass, in fact or fiction, property which came from the estate of the decedent, during his
lifetime, but which the law considers as an advance from the inheritance. Collation is
applicable to both donations to compulsory heirs and donations to strangers.

Under Article 1061 of the Civil Code, every compulsory heir, who succeeds with other
compulsory heirs, must bring into the mass of the estate any property or right which he may
have received from the decedent, during the lifetime of the latter, by way of donation, or any
other gratuitous title, in order that it may be computed in the determination of the legitime of
each heir, and in the account of the partition.

Thus, generally, compulsory heirs are obliged to collate but exceptions are: (1) when
testator should have so expressly provided; and (2) when compulsory heir repudiates his
inheritance. The properties that are to be collated are: (1) any property/right received by
gratuitous title during testator’s lifetime; (2) all that may have been received from decedent
during his lifetime; (3) All that their parents have brought to collation if alive.

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