Donating Land: Does It Need a Notarized Deed?

Article 725 defines it as "an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it." Acceptance is part of the definition: without it there is no donation.

Article 749 sets the rule for immovables, which include land and houses:

As a checklist:

1. A public document, usually a deed acknowledged before a notary public.
2. The property described in the deed, and the value of any charges the donee must pay.
3. Acceptance by the donee in the same deed or in a separate public document.
4. Acceptance while the donor is alive.
5. If the acceptance is separate: notice to the donor in an authentic form, noted in both documents.

This is stricter than the rule for most sales. For a sale, the Supreme Court has said the public-document form is for convenience, not validity (see Does a deed of sale need to be notarized?). For a donation of land, Article 749 makes the form a condition of validity.

The donation is not valid. In Patenia-Kinatac-an v. Patenia-Decena (2020), the Supreme Court said that "solemn contracts like donations of immovable property are valid only when they comply with legal formalities." It repeated earlier rulings that an oral donation of real property is void, and that a donation is void when the donee's acceptance does not appear in the deed itself or in a separate document. It also said a defective notarization makes a donation of land invalid, because the public-instrument requirement is then missing. On its facts, the Court found the deed valid and compliant with Article 749.

Courts do look at the whole document. In Quilala v. Alcantara (2001), the deed was signed by the donor and the donee, but the notarial acknowledgment named only the donor. The lower courts declared the donation void. The Supreme Court disagreed: the donee's acceptance, written on the first page of the notarized deed, "was made in a public instrument", so the donation was valid.

No. A donation is limited by the rules on inheritance. Article 752 says "no person may give or receive, by way of donation, more than he may give or receive by will", and a donation is inofficious in whatever exceeds that limit. Donations to children are charged to their legitime (Article 909). In Quilala, the Court said the valid donation would still be tested for inofficiousness and was subject to collation after the donor's death.

The donor must also keep enough for his own support and that of the relatives he must support, or the donation may be reduced (Article 750). See Legitime shares and Donation vs sale of property to children.

Article 748 covers movables such as cash, cars and jewelry. They may be donated orally or in writing. An oral donation needs the simultaneous delivery of the thing. But if the value "exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void." The five thousand pesos is the figure in the Code.

Donations between spouses during the marriage are a separate subject: see Can spouses donate to each other?

This page does not cover donor's tax, registration with the Registry of Deeds, or notarial fees.

These are made-up examples to show how the rules work. They are not advice for any real case.

Lola Pacita wants to give her lot to her grandson Mark. She signs a deed of donation that describes the lot, and she acknowledges it before a notary public. Mark accepts in the same deed. This follows Article 749.

Mark is working abroad and cannot sign the deed. He may accept later in a separate public document, but only while Lola Pacita is alive, and she must be notified of his acceptance in an authentic form, noted in both documents.

Tito Ramon tells his niece at a family party, "This lot is yours." Nothing is written. As Patenia repeated, an oral donation of land is void.

Joy gives her nephew a phone worth ₱20,000. Under Article 748, the donation and his acceptance must be in writing, or the donation is void.

Talk to a lawyer before you donate or accept land, especially if the donor has other children or a spouse, if the donee lives abroad, or if a family member says a donation made years ago is void. A lawyer can check the deed, the acceptance and the effect on the other heirs' shares.

If you cannot afford a lawyer, see Free legal help in the Philippines. The full text is on the Article 749 page.