Short answer. The rules for double sale apply to double donation. For movable property, the first donee to take possession in good faith prevails. For immovable property, the donee who first registers the donation in the Registry of Property wins, or if neither registered, the one with the oldest title in good faith.
What the law says
Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons.
Civil Code, Article 744 — Double Donation Of The Same Thing. Read the full provision →
Why donations follow the double-sale rules
Article 744 does not create separate rules for double donation — it borrows the rules already in place for double sale. The logic is sound: the conflict is the same in both cases, two people have a claim to the same property based on a transfer from the same transferor. The Civil Code rules on double sale resolve this based on registration, possession, and good faith. Those same principles apply here, regardless of whether the transfer was for value or gratuitous.
The rule for immovable property (land and buildings)
When the donated property is immovable, the donee who first records the donation in the Registry of Property prevails — provided that donee acted in good faith. If neither donee registered, the one with the oldest title in good faith has the better right. Registration is the key: even a later donation registered first can defeat an earlier but unregistered one. Good faith, however, is required at every step — a donee who knew of the earlier donation when registering cannot claim the benefit of priority.
The rule for movable property
For movable property, the analysis is simpler: the donee who first took possession in good faith has the better right. Possession here means actual, physical delivery — not merely the earlier date on the donation deed. If the second donee received and took possession of the item before the first donee did, and was unaware of the earlier donation when taking possession, the second donee would prevail. Again, good faith is indispensable — a donee who knowingly accepted a donation of something already given to another cannot claim priority.
What happens to the losing donee
The donee who loses the property under these priority rules does not necessarily walk away empty-handed. The donor who made two donations of the same thing has breached the earlier donation and may face a claim for damages. The losing donee's remedy may lie against the donor personally, rather than against the winning donee. The extent of that liability will depend on the circumstances — whether the donor acted fraudulently, in bad faith, or simply made a mistake is relevant to what the losing donee can recover.
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.
- Castorio Alvarico vs. Amelita L. Sola, G.R. No. 138953, June 6, 2002 — read the decision on LawPhil →