Short answer. A minor can be the donee, but a child cannot accept the donation personally. The Civil Code lets minors and others who cannot enter into a contract become donees, provided acceptance is done through a parent or legal representative. Without that acceptance, the donation does not take effect.
What the law says
Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents or legal representatives.
Civil Code, Article 741 — Minors As Donees. Read the full provision →
The gift can be given to the child, but not accepted by the child
Article 741 separates two things people tend to treat as one: being the donee, and accepting the donation. A minor may become a donee — the property or right can be given to and eventually belong to the child. What the child cannot do is the act that completes the transfer, because acceptance is a legal act requiring capacity the minor does not yet have. The article extends the same treatment to anyone else who cannot enter into a contract, not only minors, so the rule is really about capacity rather than age as such.
Who accepts on the minor's behalf
The statute names parents or legal representatives as the ones who accept for a minor donee. That means the donation is not complete, and does not bind the donor, until someone with that authority has accepted it in the child's name. A gift simply announced to or physically handed to a minor, with no parent or representative acting on the child's behalf, has not been accepted in the sense the law requires, whatever the practical appearance of the exchange. That authority does not extend to any relative simply because they are family — a grandparent, aunt, or uncle who has not actually been appointed the minor's legal guardian cannot accept in the child's name under this article, however close the relationship.
Why this distinction matters in practice
Getting the acceptance right protects the minor as much as it protects the donor. A donation of real property in particular is often reduced to writing, and the acceptance likewise has to be made in a way the law recognizes — done by the wrong person, or not done at all, it leaves the transfer incomplete and open to challenge later, including by the child once he or she reaches majority. If you are the one making the gift, confirm who actually has authority to accept for the child before treating the donation as final; if you are a parent accepting on a child's behalf, keep the documentation showing that you did.
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.
- Ida C. Labagala vs. Nicolasa T. Santiago, et al, G.R. No. 132305, December 4, 2001 — read the decision on LawPhil →