In RE: Deed of Donation

-As to Formal requirements: Ok, as for one it is in a public instrument.

-This Donation if not INOFFICIOUS/ Excessive (meaning that the donor can validly
donate the said property without the possibility of impairing the other possible legal
heirs rightful share of his ESTATE in the future) binds the parties therein,

-Donations may be revoked in instances like , ingratitude, or failure of the done to

comply with certain conditions imposed by the donor . Along this line, I am not sure how
to interpret paragraph 3 (3rd whereas clause) if whether or not this is a condition as to
full ownership of the donated property or maybe referring to the entire 85 SQ meter
residential land. Otherwise, the donee has now the rightful claim over the said donated
property where he may possess ( as stated in the deed of donation) the same. Likewise,
the donee is entitled to the fruits (income etc.) of the property donated during the
lifetime of the donor.

-Take note that, in donation, in order to transfer the donated property to the donee, he
would need to proceed to the Assessors Office where the property is located for the tax
assessment and zonal classification of the subject land. He would also need to pay the
real property tax of the land at the Treasurers Office, including the necessary donors
tax to be paid at the Bureau of Internal Revenue (must be within 30 days after the
donation, so surcharge and penalties now may be imposed since the donation was
perfected in 2001). After paying the necessary legal fees and taxes, donee may
proceed to the Registry of Deeds for the transfer of the title of the property to his name.

In Re: Blk 29 L 3 P2 Felizana Subd Property

- Take note that under the Family Code the Absolute Community of Property
regime generally governs the property relations of spouses.
- Which means that:
> All properties acquired by the spouses before their marriage, and all
properties acquired during their marriage shall be considered part of one whole
estate of the ABSOLUTE COMMUNITY OF PROPERTY owned by both
spouses.
> All properties donated, inherited and/or properties given gratuitously to
either of the spouse before their marriage (please take note) shall also be
considered as part of the ABSOLUTE COMMUNITY OF PROPERTY once they
get married, and shall be owned by both spouses.
 >Properties excluded from the community property are those acquired during
the marriage by gratuitous title (by donation and by testate/intestate succession)
by either spouse, and the fruits as well as the income thereof, if any, unless it is
expressly provided by the donor, testator or grantor that they shall form part of
the community property;

Thus based on the foregoing if the Felizana property was in effect already given
by the mother (as it was put under the daughters name) gratuitously to the
daughter but made BEFORE the latters (daughters) marriage then the said
property will form part of the conjugal property (of the spouses).

As the said property was paid by the mother the following Civil Code provision
applies:

Art. 1448. There is an implied trust when property is sold, and the legal estate is granted
to one party but the price is paid by another for the purpose of having the beneficial
interest of the property. The former is the trustee, while the latter is the beneficiary.
However, if the person to whom the title is conveyed is a child, legitimate or illegitimate,
of the one paying the price of the sale, no trust is implied by law, it being disputably
presumed that there is a gift in favor of the child.

The implication of this is that the Felizana House may be considered as a donated
property from the mother and if this happened DURING the marriage this property may
be EXCLUDED from the spouses community property.

My advise is that in order for this property to be clearly excluded from the Absolute
Community Property (conjugal) the mother must execute a deed of donation and it must
appear that the donation was made DURING the marriage