Text of the provision
Art. 749. 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.
(633)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A donation of an immovable is valid only if made in a public document specifying the property and the value of any charges the donee must satisfy. Acceptance may be in the same deed or in a separate public document, but must be done during the donor's lifetime; if separate, the donor must be notified in authentic form and that step noted in both instruments.
Questions about this provision
Related provisions
- Article 748 — Form Of Donations Of Movables.
- Article 751 — Future Property Cannot Be Donated.
Cases citing this article
- 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 →
- Pastor Jose Sy, Jesus the Son of God Christian Ministry and all other persons... GR No. 254320 July 5, 2021 Joe Anne Fernandez Y Bueno vs. People Of The Philippines, G.R. No. 230120, July 5, 2021 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.