Short answer. No. The Civil Code declares void a donation made to a public officer, or to his spouse, descendants and ascendants, by reason of his office. A gift tied to the official's position is legally a nullity, so it produces no valid transfer no matter how the parties dress it up.
What the law says
Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
Civil Code, Article 739 — Donations That Are Void. Read the full provision →
The donation is void, not merely improper
The Civil Code lists certain donations that shall be void, and among them are those made to a public officer or his wife, descendants and ascendants, by reason of his office. "Void" is a strong word: the gift does not merely risk being undone, it is treated as having no legal effect from the start. It transfers nothing. The ban reaches beyond the officer to close an obvious loophole — you cannot sidestep it by directing the gift to the officer's spouse, children, or parents. If the donation is made because of the office, routing it to the family does not save it.
The key words: by reason of his office
What triggers the nullity is the phrase by reason of his office. The law is aimed at gifts connected to the person's public position — the kind of transfer that looks like it is buying, rewarding, or influencing official action, or that trades on the office itself. This is why the provision exists: to keep public office clean of the suspicion and reality of being for sale, and to protect the integrity of government from private inducements disguised as generosity. A gift given for reasons entirely unrelated to the office stands on different footing; the vice the article strikes at is the link between the giving and the public position.
Where it sits among other void donations
This prohibition keeps company with other donations the same article voids — for instance, those made between persons guilty of adultery or concubinage at the time of the donation, and those made between persons found guilty of the same criminal offense in consideration of it. The common thread is that the law refuses to lend its force to transfers rooted in a relationship or purpose it condemns. Placing donations to public officers in this group signals how seriously the law treats them: not as a technical defect to be cured, but as an arrangement the legal order will not recognise at all.
Practical consequences and cautions
Because such a donation is void, the intended recipient acquires no real right to the property, and the nullity can be raised to undo any apparent transfer. Beyond the civil consequence, gifts connected to public office can carry serious separate exposure under laws governing officials and public accountability, which is well outside the scope of this rule alone. The safe course is simple: do not tie a donation to someone's public position, and be wary of arrangements that merely look like ordinary gifts but are really keyed to an office. If you are unsure whether a proposed or past transfer falls within this ban, consult a lawyer before proceeding.