Short answer. Yes, she can. Article 756 of the Civil Code expressly allows the ownership of property to be donated to one person and the usufruct to another, provided all the donees are living at the time of the donation. Both you and your sibling must be alive when the deed is executed.
What the law says
The ownership of property may also be donated to one person and the usufruct to another or others, provided all the donees are living at the time of the donation.
Civil Code, Article 756 — Separate Donation Of Ownership And Usufruct. Read the full provision →
The rule: ownership and usufruct may be donated separately
Article 756 of the Civil Code confirms that a donor may split ownership of property between two or more recipients. The naked ownership — the title without the right of use and enjoyment — goes to one donee, while the usufruct — the right to use the land and collect its fruits — goes to another. The only condition the statute imposes is that all the donees are living at the time of the donation. A donation of usufruct to someone who has already died, or a donation of ownership to a person who does not yet exist, would not be valid under this provision.
What each recipient gets
The donee who receives the naked ownership holds legal title to the land but cannot use or enjoy it while the usufruct is in place. The donee who receives the usufruct has the right to possess the land, use it, and collect its fruits or rents — but cannot sell or mortgage the land itself, because the title belongs to someone else. These two interests will eventually reunite in the naked owner when the usufruct ends, either by the death of the usufructuary, by the lapse of a fixed period, or by other causes allowed by law.
Formalities your mother must follow
Because your mother is donating real property, the deed of donation and the acceptance by both donees must be in a public instrument — a notarised document. Both recipients must accept the donation, and that acceptance must also appear in the deed or in a separate notarised instrument. The donation cannot take effect as to either donee unless the formalities are properly completed. After execution, the deed should be registered with the Registry of Deeds so that the split in ownership and usufruct appears in the land title and is effective against third parties.
Considerations for planning this arrangement
Splitting ownership and usufruct is a useful estate-planning tool, but it has lasting consequences. The naked owner cannot freely sell or develop the land while the usufruct lasts — any buyer would take subject to the usufructuary's existing rights. If your sibling's usufruct runs for their lifetime, you may wait many years before you hold full ownership. Your mother should also consider the legitime of all compulsory heirs: donations that impair the legal share of any heir can be reduced to the extent of the impairment. Getting proper legal and tax advice before the deed is signed helps avoid disputes later.