Short answer. Yes, but only if they are properly authorized. Article 745 says the donee must accept the donation personally, or through an authorized person holding a special power for that purpose, or a general and sufficient power. Without that authority the acceptance fails and the donation is void.
What the law says
The donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power; otherwise, the donation shall be void.
Civil Code, Article 745 — Acceptance Must Be Personal Or By Special Power. Read the full provision →
Acceptance is essential, and it must come from you or your agent
A donation is not complete just because the giver wants to give; the person receiving must accept it. Article 745 tells you who may do that accepting on your side: the donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power. So yes, another person can accept for you — but only as your authorized representative. The law recognizes three routes: you accept it yourself; someone accepts using a special power granted specifically for that purpose; or someone accepts under a general power broad enough to cover the act. Anything less does not count.
Why the authority has to be real and specific
The article closes with a hard consequence: without proper acceptance, the donation shall be void. That is why the kind of authority matters. A special power for the purpose is a written authorization aimed at accepting that particular donation, leaving no doubt that the agent was empowered to bind you. A general power will do only if it is sufficient — broad and clear enough that accepting a donation plainly falls within it. A vague or casual say-so is risky. If the representative had no real authority when he accepted, the donation can be attacked as void, and you may lose the gift entirely.
What this means for you in practice
If you cannot personally attend to a donation — you are abroad, ill, or otherwise unavailable — put the authority in writing before your representative accepts, and make it specific enough to leave no gap. For donations of immovable property, remember that formalities are strict throughout the process, and a defect in how acceptance is made and communicated can undo the whole transfer. The safest course is a clear, written special power describing the donation to be accepted. This article does not excuse missing acceptance or cure a bad authorization after the fact; it sets acceptance, by you or a truly authorized agent, as a condition for the gift to exist at all.
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 →