Short answer. Article 749 of the Civil Code requires the donation to be in a public document identifying the property and any charges the donee must satisfy, and the donee's acceptance must also be made during the donor's lifetime, either in that same deed or in a separate public document that is properly notified to the donor.
What the law says
In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments.
Civil Code, Article 749 — Form Of Donations Of Immovables. Read the full provision →
A public document is not optional
Article 749 sets a strict form for donating an immovable: in order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. A private writing, a text message, or a verbal promise to give land or a house does not meet this requirement, no matter how sincerely it was meant. The deed also has to identify the property and spell out any charges the donee must assume as a condition of the gift.
Acceptance is a separate act the law insists on
A donation is not complete just because the donor signed a deed. The article requires acceptance too, and allows it in the same deed of donation or in a separate public document. Either way, the acceptance form matters as much as the donation itself — an unaccepted donation, however clearly documented on the donor's side, has not become effective.
Timing: acceptance while the donor is still alive
Timing is where this article is strictest. Acceptance shall not take effect unless it is done during the lifetime of the donor. An heir cannot step in after the donor's death and accept on the deceased's behalf to complete a donation that was never accepted while the donor was living — by then it is too late for this particular mode of transfer to take hold.
When acceptance is in a separate document
If the donee accepts in a separate public instrument rather than in the deed itself, the law adds one more step: the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. That notice, and the cross-reference between the two documents, is not a formality to skip — it is what ties the acceptance back to the original donation and confirms the donor was actually made aware that it had been accepted.
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.
- Department of Education Culture and Sports vs. Julia Del Rosario, et al, G.R. No. 146586, January 26, 2005 — 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 →
- Pablo Uy, substituted by his heirs, namely: Mylene D. Uy, Paul D. Uy, G.R. No. 227460, December 5, 2019 — read the decision on LawPhil →
- Heirs of Jose Mariano and Helen S. Mariano, represented by Danilo David S. Mariano, et al. vs. City of Naga, G.R. No. 197743, March 12, 2018 — read the decision on LawPhil →