My father gave me a piece of equipment worth more than five thousand pesos — must the donation be in writing, and what happens if it was not?

Three modes under Article 748

Article 748 of the Civil Code sets out the rules for donating movable property. There are three scenarios. First, a donation of a movable may be made orally or in writing when no threshold is exceeded. Second, an oral donation of a movable is valid only if there is simultaneous delivery of the thing or of the document representing the right donated. Third — and this is the rule that applies to your situation — "If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void."

What writing is required

Both the donation and the acceptance must be in writing. It is not enough for the donor to write a letter giving the property away — the donee's written acceptance is an equally required element. In practice, a deed of donation that includes an acceptance clause signed by the donee satisfies both requirements in a single instrument. The acceptance does not need to be in a separate document, but it must be in writing and it must actually occur.

The consequence of failing the requirement

The statute is direct: a donation of movables worth more than five thousand pesos that is not in writing "shall be void." This is not a mere irregularity that can be cured later — a void donation confers no title. The donee receives nothing in law, even if the property has already been handed over. If the donor later dies, the property that was physically handed over but not properly donated belongs to the estate, not to the recipient. The physical handover of the object alone does not make an oral donation valid when the threshold is exceeded.

Practical steps

If you received equipment or other personal property worth more than five thousand pesos and there was no written deed of donation covering both the gift and your acceptance, the legal validity of the donation is in question. A notarized deed of donation with a written acceptance clause, executed while the donor is still alive, is the standard instrument used to put a donation of movables on solid legal footing. If the donor has since died and there was no such document, the property may be treated as part of the estate rather than as your property — a situation that calls for careful advice on how to proceed.

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.

• Doris Marie S. Lopez vs. Aniceto G. Saludo, Jr, G.R. No. 233775, September 15, 2021 — read the decision on LawPhil →
• Spouses Ruth Dizon Devisfruto and Allan Devisfruto vs. Maxima L. Greenfell, G.R. No. 227725, July 1, 2020 — read the decision on LawPhil →
• Heirs of Ferdinand Roxas vs. Heirs of Melania Roxas, G.R. No. 254452, November 27, 2024 — read the decision on LawPhil →
• Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 748 — Form Of Donations Of Movables