Short answer. By the rules on wills. Article 728 provides that donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions and shall be governed by the rules established in the Title on Succession. A gift meant to operate only after death is treated like a will, not an ordinary donation.
What the law says
Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession.
Civil Code, Article 728 — Donations Effective Upon Death. Read the full provision →
Why timing decides which set of rules applies
The moment a donation is meant to take effect is what Article 728 uses to sort it into one of two very different legal boxes. A donation that transfers rights during the donor's lifetime is an ordinary inter vivos donation, governed by the rules on donations. One that is only meant to take effect upon the death of the donor is treated differently: it partakes of the nature of testamentary provisions, meaning the law looks past the label 'donation' on the document and applies the rules for wills instead.
What 'governed by the rules on succession' actually means
Being governed by the Title on Succession is not a minor technicality — it changes what the document must look like to be valid at all. A will has to satisfy specific formal requirements to be given legal effect, and those requirements exist to protect against fraud and undue influence precisely because the person making the arrangement will not be around to confirm it was genuine. A document labeled a 'deed of donation' that is really meant to operate only after death does not escape those requirements just because it uses donation language instead of calling itself a will.
Why this distinction matters in practice
If a donation intended to take effect at death does not comply with the formalities required of a will, Article 728 puts its validity in real doubt, regardless of how sincerely it was intended or how clearly it was signed. Anyone arranging for property to pass to someone only after their death should treat that arrangement as a succession matter from the start rather than assuming a donation document will do the job, since the rule this article states is not a technicality to work around but the actual legal standard the transfer has to meet.
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.
- Rhodora Ilumin Racho a.k.a. "Rhodora Racho Tanaka" vs. Seiichi Tanaka, Local Civil Registrar of Las Piñas City and the Administrator and Civil Registrar General of The National Statistics Office, G.R. No. 199515, June 25, 2018 — read the decision on LawPhil →
- Maria Teresa Dino Basa-Egami vs. Dr. Lisa Grace Bersales, in her capacity as the, G.R. No. 249410, July 6, 2022 — read the decision on LawPhil →
- Ursulina Ganuelas, et al. vs. Hon. Robert T. Cawed, et al, G.R. No. 123968, April 24, 2003 — read the decision on LawPhil →
- Ma. Estela Maglasang, et al. vs. The Heirs of Corazon Cabatingan, et al, G.R. No. 131953, June 5, 2002 — read the decision on LawPhil →