Unaccepted donation

Dear PAO,

I am Bombi from Batangas. I worked as an all-around helper of Mr. Diaz for 39 years, and I have been a
loyal worker of his family. Before he died in 2014, he gave me a Deed of Donation wherein it was written
that he is donating a 200-square-meter lot in Bulacan to me and my family supposedly as remuneration
for my long years of service. I safely kept the Deed of Donation in my “aparador” and moved my family
in the lot immediately. In fact, we were able to construct a small house there already, and my family has
been living there ever since.

When Mr. Diaz died in 2014, the family said goodbye to me as they did not need my services anymore.
We parted ways peacefully but then they tried to kick me out of the Bulacan property. I told them that
this was given to me by their father and I showed them my Deed of Donation as my title. They said that
the property still belongs to Mr. Diaz and that the Deed of Donation is not considered a title, but merely
an instrument to transfer title. I went to the Register of Deeds, but they said that they could no longer
transfer the property to me because the donor, Mr. Diaz, is already dead and I made no acceptance
during his lifetime. Is this correct?

Bombi

Dear Bombi,

Based on the facts you have narrated, it appears that the Deed of Donation given to you during the
lifetime of Mr.
Diaz is invalid and has no force and effect. Under Article 749 of our New Civil Code (NCC), it is clearly
stated that a donation of an immovable property, such as real property, shall be made in a written
public document specifying therein the property donated. In addition, such Deed of Donation shall
include in the same or in a separate public document an acceptance of the donee which shall be made
during the lifetime of the donor. Article 749 of the NCC reads, thus:

“Art. 749. In order that the donation of the immovable may be valid, it must be made in a public
document, specifying therein the property donated and the value of the charges 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” [Emphasis supplied].

Although it appears that you physically accepted the Deed of Donation and started to use the property
supposedly donated to you as your own, it still cannot be denied that you were not able to accept the
donation in the manner and form required by law. In fact, you also mentioned that the donor, Mr. Diaz,
already died in 2014 and therefore, you may no longer execute an acceptance anymore in accordance
with the requirements of Article 749 of the said law.

Significantly, in the case of Lydia Sumipat, et al. vs. Brigido Banga, et al. (G.R. No. 155810, 13 August
2004, Ponente: Honorable former Associate Justice Dante O. Tinga), the Supreme Court held that if the
donee’s acceptance of the donation is not manifested in the Deed of Donation nor in a separate
instrument, then the donation shall be considered void, to wit:

“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 notified thereof. The
acceptance may be made in the very same instrument of donation. If the acceptance does not appear in
the same document, it must be made in another. Where the deed of donation fails to show the
acceptance, or where the formal notice of the acceptance, made in a separate instrument, is either not
given to the donor or else not noted in the deed of donation and in the separate acceptance, the
donation is null and void.

In this case, the donees acceptance of the donation is not manifested either in the deed itself or in a
separate document. Hence, the deed as an instrument of donation is patently void.” [Emphasis
supplied.]

Tested against the foregoing rules and jurisprudence, it would thus appear that since the donation is
void, then the children of Mr. Diaz would have a better right over you over the Bulacan property
inasmuch as it rightfully belongs to the estate of Mr. Diaz.