1. What is a DONATION? Art. 725.

Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (61 a! 2. What does DONATION AS AN ACT AND AS A CONTRACT means? Although the article says it is an act, it cannot be denied that a donation is really a contract " #t is itself a $ode of ac%uiring ownership and doesn&t ordinarily re%uire delivery before ownership $ay be transferred 3. What are the classifications of donations? '(A))#*#'A+#,-) ,* D,-A+#,-) 1. *ro$ viewpoint of $otive, purpose or cause a. )i$ple.the cause is pure liberality b. /enu$eratory.due to past services rendered or future services or charges and burdens c. ,nerous.burdens and charges e%ual to the value of the thing donated d. 0odal.consideration is less than the value of the thing donated 2. +i$e of ta1ing effect a. #nter vivos b. 0ortis causa Art. 727. #llegal or i$possible conditions in si$ple and re$uneratory donations shall be considered as not i$posed. (n! Art. 72 . Donations !hich are to ta"e effect #$on the death of the donor $arta"e of the nat#re of testamentar% $ro&isions' and shall (e )o&erned (% the r#les esta(lished in the Title on S#ccession. *+2,D,-A+#,-) */,0 +23 4#356,#-+ ,* 3**3'+#4#+7 D#)+#-'+#,- 83+533- D,-A+#,#-+3/ 4#4,) A-D 0,/+#) 'A9)A .. What are donation inter &i&os and donation mortis ca#sa? INT/R 0I0OS +a1es effect during lifeti$e of donor 0ust follow the for$alities of donations b. 'annot be revo1ed e:cept for grounds provided for by law c. #n case of i$pair$ent of the legiti$e, donations inter vivos are preferred to donations $ortis causa d. +he right of disposition is co$pletely transferred to the donee
a. a. b. c.

1ORTIS CA2SA +a1es effect after the death of the donor 0ust follow the for$alities of wills and codicils 'an be revo1ed anyti$e and for any reason while the donor is still alive d. #n case the legiti$e is i$paired, donations $ortis causa are reduced ahead of donations inter vivos, the latter being preferred e. +he right of disposition isn&t transferred to the donee while the donor is still alive

e.

Acceptance by donee $ust be during lifeti$e of donor

f.

Acceptance by donee $ortis causa can be only be done upon donor&s death

3. 4o! is a donation $erfected? Donation is perfected not fro$ the ti$e of acceptance but fro$ the ti$e of 1nowledge of the donor that the donee has accepted.

+. Who are the $ersons !ho ma% )i&e or recei&e a donation? Art. 7;5. All persons who $ay contract and dispose of their property $ay $a1e a donation. (62<! 7. W4O 1A5 DONAT/6 SI127TAN/O2S CA8ACITI/S #t is not enough that a person be capacitated to contract, he $ust also have the capacity to dispose. Art. 73+. 9#ardians and tr#stees cannot donate the $ro$ert% entr#sted to them. *n/3A),- *,/ +23 /9(3= they can only do acts of ad$inistration and not of ownership. . When is the determination of ca$acit% of (oth the donor and done? 'apacity of both donor and donee is deter$ined at the ti$e of perfection of the donation :. When is a $erson considered s$eciall% dis;#alified (% la!? " )pecially dis%ualified doesn&t refer to those incapacitated to contract li1e $inors and those of unsound $ind but to people such as those $entioned in article 7;>, etc. 1,. What are the "inds of donations that are &oid (eca#se of moral considerations? 1. +he first 1ind.those $ade between persons who were guilty of adultery or concubinage at the ti$e of the donation a. +he adultery or concubinage need not be proved in a cri$inal action. +he guilt $ay be proved by preponderance of evidence. b. #f the donation was $ade after the adultery or concubinage, then it is valid e:cept if the consideration thereof is the co$$ission of the act c. #f the perpetrators are $erely sweethearts but don&t have any se:ual intercourse with one another, then this prohibition is not applicable. /e$e$ber the ele$ents of adultery and concubinage. 2. +he second 1ind.those $ade between persons found guilty of the sa$e cri$inal offense, in consideration thereof a. +here $ust be a cri$inal conviction.$ere preponderance of evidence showing guilt is not sufficient b. #t doesn&t $atter whether the donation was $ade before or after the co$$ission of the offense

;. +he third 1ind.those $ade to a public officer or his wife, descendants and ascendants by reason of his office a. 6urpose.to prevent bribery /3A),- 527 +23 D,-A+#,- A/3 4,#D " 4oid by reason of public policy Art. 7.,. Inca$acit% to s#cceed (% !ill shall (e a$$lica(le to donations inter &i&os. *nArt. 1,27. The follo!in) are inca$a(le of s#cceedin)< *1- The $riest !ho heard the confession of the testator d#rin) his last illness' or the minister of the )os$el !ho e=tended s$irit#al aid to him d#rin) the same $eriod6 *2- The relati&es of s#ch $riest or minister of the )os$el !ithin the fo#rth de)ree' the ch#rch' order' cha$ter' comm#nit%' or)ani>ation' or instit#tion to !hich s#ch $riest or minister ma% (elon)6 *3- A )#ardian !ith res$ect to testamentar% dis$ositions )i&en (% a !ard in his fa&or (efore the final acco#nts of the )#ardianshi$ ha&e (een a$$ro&ed' e&en if the testator sho#ld die after the a$$ro&al thereof6 ne&ertheless' an% $ro&ision made (% the !ard in fa&or of the )#ardian !hen the latter is his ascendant' descendant' (rother' sister' or s$o#se' shall (e &alid6 *.- An% attestin) !itness to the e=ec#tion of a !ill' the s$o#se' $arents' or children' or an% one claimin) #nder s#ch !itness' s$o#se' $arents' or children6 *3- An% $h%sician' s#r)eon' n#rse' health officer or dr#))ist !ho too" care of the testator d#rin) his last illness6 *+- Indi&id#als' associations and cor$orations not $ermitted (% la! to inherit. *7.3' 732' 733' 73.aArt. 1,32. The follo!in) are inca$a(le of s#cceedin) (% reason of #n!orthiness< *1- 8arents !ho ha&e a(andoned their children or ind#ced their da#)hters to lead a corr#$t or immoral life' or attem$ted a)ainst their &irt#e6 *2- An% $erson !ho has (een con&icted of an attem$t a)ainst the life of the testator' his or her s$o#se' descendants' or ascendants6 *3- An% $erson !ho has acc#sed the testator of a crime for !hich the la! $rescri(es im$risonment for si= %ears or more' if the acc#sation has (een fo#nd )ro#ndless6 *.- An% heir of f#ll a)e !ho' ha&in) "no!led)e of the &iolent death of the testator' sho#ld fail to re$ort it to an officer of the la! !ithin a month' #nless the a#thorities ha&e alread% ta"en action6 this $rohi(ition shall not a$$l% to cases !herein' accordin) to la!' there is no o(li)ation to ma"e an acc#sation6 *3- An% $erson con&icted of ad#lter% or conc#(ina)e !ith the s$o#se of the testator6 *+- An% $erson !ho (% fra#d' &iolence' intimidation' or #nd#e infl#ence sho#ld ca#se the testator to ma"e a !ill or to chan)e one alread% made6 *7- An% $erson !ho (% the same means $re&ents another from ma"in) a !ill' or from re&o"in) one alread% made' or !ho s#$$lants' conceals' or alters the latter?s !ill6 * - An% $erson !ho falsifies or for)es a s#$$osed !ill of the decedent. *73+' +73' +7.a-

Art. 7<1. 0inors and others who cannot enter into a contract $ay beco$e donees but acceptance shall be done through their parents or legal representatives. (626a! 1A5 1INORS ACC/8T @5 T4/1S/70/S? #t depends. 1. #f the donation is si$ple.yes because after all is for the benefit of the child. +he e:ception is when a written acceptance is re%uired. #n this case, the parents or legal representative $ust intervene. 2. #f the donation is onerous or conditional.because there is so$e burden is i$posed on the child. +he parent and the legal representative $ust intervene. Art. 7.2. Donations made to concei&ed and #n(orn children ma% (e acce$ted (% those $ersons !ho !o#ld le)all% re$resent them if the% !ere alread% (orn. *+27/3?9#)#+3) *,/ +23 A/+#'(3 +, A66(7 1. +he child be born alive later 2. ,r that the child after being born alive, should live for at least 2< hours Art. 7<;. Donations $ade to incapacitated persons shall be void, though si$ulated under the guise of another contract or through a person who is interposed. (62 ! D#)@9#)3D D,-A+#,-) +, #-'A6A'#+A+3D 63/),-).03A-#-@ ,* A#-'A6A'#+A+3DB " /efers to those who are not allowed to beco$e donees Art. 7<<. Donations of the sa$e thing to two or $ore different donees shall be governed by the provisions concerning the sale of the sa$e thing to two or $ore different persons. (n! D,-A+#,- ,* +23 )A03 ,8C3'+ +, +5, ,/ 0,/3 D#**3/3-+ D,-33)D '/,))E/3*3/3-'3 +, A/+#'(3 15<< Art. 7<5. +he donee $ust accept the donation personally, or through an authoriFed person with a special power for the purpose, or with a general and sufficient powerD otherwise, the donation shall be void. (6;G! *,/0A(#+#3) *,/ A''36+A-'3 " +he for$alities for acceptance if any $ust also be present, otherwise the donation is void +2/9 52,0 A''36+A-'3 0A7 83 0AD3 " +his article spea1s of two 1inds of authoriFed persons.one with special power and another, one with a general and sufficient power Art. 7.+. Acce$tance m#st (e made d#rin) the lifetime of the donor and of the donee. *nA66(#'A8#(#+7 ,* +23 A/+#'(3 ,- 523- A''36+A-'3 #) +, 83 0AD3 " +he rule enunciated herein is applicable to donations inter vivos as well as donations which are onerous " #n the case of onerous donations, without unconditional acceptance, there will be no $eeting of $inds and thus, no perfection of contract

Art. 7<7. 6ersons who accept donations in representation of others who $ay not do so by the$selves, shall be obliged to $a1e the notification and notation of which Article 7<> spea1s. (6;1! ADD#+#,-A( D9+7 ,* +2,)3 52, A''36+ *,/ ,+23/) 1. #t is understood that the persons referred to here are duly authoriFed to do the acceptance 2. -otification and notation in the proper cases, are essential for the perfection of the donation Art. 7< . +he donation of a $ovable $ay be $ade orally or in writing. An oral donation re%uires the si$ultaneous delivery of the thing or of the docu$ent representing the right donated. #f the value of the personal property donated e:ceeds five thousand pesos, the donation and the acceptance shall be $ade in writing, otherwise, the donation shall be void. (6;2a! Art. 7<>. #n order that the donation of an i$$ovable $ay be valid, it $ust be $ade in a public docu$ent, specifying therein the property donated and the value of the charges which the donee $ust satisfy. +he acceptance $ay be $ade in the sa$e deed of donation or in a separate public docu$ent, but it shall not ta1e effect unless it is done during the lifeti$e of the donor. #f the acceptance is $ade in a separate instru$ent, the donor shall be notified thereof in an authentic for$, and this step shall be noted in both instru$ents. (6;;! H',-)+A-'#A A9+23-+#'A