Can a donee accept a donation through an agent who only has a general power of attorney but no specific authority to accept donations?

Acceptance is essential to a donation

A donation is not complete on the donor's generosity alone; the donee must accept it. Article 745 governs how that acceptance may be made, and it is strict because a donation, though a gift, still creates a binding legal relationship the donee is entitled to decide about. The provision sets out who may accept and in what manner, and it attaches a serious consequence to getting it wrong. Acceptance done outside the permitted modes does not merely delay the gift; it defeats it entirely.

The three permitted modes

The article allows acceptance in three ways. The donee may accept personally; or through an authorized person with a special power for the purpose, meaning an agent specifically empowered to accept the donation; or with a general and sufficient power, meaning a general authority broad enough to actually cover accepting donations. The common thread is that if an agent acts, that agent's authority must genuinely extend to accepting the gift, whether through a special mandate or a general power that is sufficient for the task.

A general power must be sufficient

The question of an agent with only an ordinary general power of attorney turns on the word sufficient. A general power that does not clearly reach the acceptance of donations is not enough, even though it may cover many other acts. Accepting a donation can carry obligations and consequences, so the law does not presume it from a broad, unspecific mandate. Unless the general power is sufficient to embrace this particular act, the agent cannot validly accept the donation on the donee's behalf under Article 745.

The consequence of a defective acceptance

What makes this rule sharp is its penalty. Article 745 ends by declaring that otherwise, the donation shall be void. An acceptance made by an agent lacking special authority or a sufficient general power does not simply fail to bind the agent; it renders the donation itself void. The safe course, when an agent is to accept a donation, is to ensure the power of attorney specifically authorises accepting donations, or is unmistakably broad enough to do so, since anything less can nullify the gift altogether.

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 →