Short answer. The donor must have legal capacity at the moment the donation is made. Article 737 of the Civil Code fixes this precisely: capacity is determined as of the time of the making of the donation, not before and not at some later point.
What the law says
The donor's capacity shall be determined as of the time of the making of the donation.
Civil Code, Article 737 — When Donor's Capacity Is Measured. Read the full provision →
The rule is simple and the timing is fixed
Article 737 of the Civil Code states the rule in one sentence: the donor's capacity shall be determined as of the time of the making of the donation. There is no ambiguity about when. A person's mental or legal state before the donation was made does not save an invalid donation. Capacity that arises after the donation was made does not retroactively validate it. The moment the donation is executed — whether that is the signing of the deed, the delivery of the gift, or whatever act completes the transaction — is the moment that controls.
What capacity to donate requires
To make a valid donation, a donor must be able to contract and dispose of his property. This generally means he must be of legal age, not under any legal incapacity, and not suffering from a condition that renders him unable to understand the nature and consequences of what he is doing. Someone who is incapacitated by a serious illness, under guardianship, or in a state that impairs judgment at the moment of signing cannot make a valid donation, even if he had capacity the day before or recovers capacity afterward.
Why this matters in disputed donations
Questions about the time of capacity most often arise after a donor has died or become permanently incapacitated. Family members may contest a donation made by an elderly parent, arguing that the parent lacked capacity when the deed was signed. Because the law fixes capacity assessment to the moment of making, the focus of any challenge becomes: what was the donor's mental and legal state on that specific date and time? Evidence close in time to the donation — medical records, witnesses present at the signing, the donor's conduct in the days before and after — tends to be most relevant.
Donations made in stages
Some donations involve multiple acts — a promise, a formal deed, a delivery. The question of which moment fixes capacity can depend on what type of donation is involved and what the law considers the act that constitutes making the donation. For donations of movables of significant value, a written deed may be required; for immovables, a notarised public instrument is needed. In each case, the moment that completes the donation in the eyes of the law is the moment capacity is tested. If you are navigating a situation where timing matters — perhaps a donation was made during a period of illness — the specific facts and the type of property donated are important to examine with a lawyer.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- The Missionary Sisters of Our Lady of Fatima (Peach Sisters of Laguna), represented by Rev. Mother Ma. Concepcion R. Realon, et al. vs. Amando V. Alzona, et al, G.R. No. 224307, August 6, 2018 — read the decision on LawPhil →
- Heirs of William Sevilla, et al. vs. Leopoldo Sevilla, et al, G.R. No. 150179, April 30, 2003 — read the decision on LawPhil →