2013 Civil Law, Q5

Josefa executed a deed of donation covering a one-hectare rice land in favor of her daughter, Jennifer. The deed specifically provides that:
“For and in consideration of he love and service Jennifer has shown and given to me, I hereby freely, voluntarily and irrevocably donate to her my one-hectare rice land covered by TCT No. 11550, located in San Fernando, Pampanga. This donation shall take effect upon my death.”
The deed also contained Jennifer’s signed acceptance, and an attached notarized declaration by Josefa and Jennifer that the land will remain in Josefa’s possession and cannot be alienated, encumbered, sold or disposed of while Josefa is still alive.
Advise Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the reasons supporting your advice. (8%)

Quick check

What is the primary characteristic that distinguishes a donation inter vivos from a donation mortis causa under the Civil Code?

How does a donation mortis causa differ from a donation inter vivos regarding revocability?

What is the legal significance of an attached stipulation prohibiting the donee from alienating the donated land during the donor's lifetime?

Under Philippine civil law, what formalities must a donation mortis causa strictly comply with to be legally valid?

Why is Josefa's deed of donation in favor of Jennifer legally classified as a donation inter vivos?

Learn more about these topics

1. Donation Inter Vivos
Under Article 729 of the Civil Code, a donation is inter vivos when the donor intends to convey title or ownership during her lifetime, even if the physical delivery or full enjoyment of the property is postponed until the donor's death. The essential characteristic of a donation inter vivos is its irrevocability upon acceptance. When a deed explicitly states that the conveyance is irrevocable and contains the donee's formal acceptance, naked ownership is immediately transferred during the donor's lifetime.

2. Donation Mortis Causa
A donation mortis causa produces effects only upon the death of the donor and partakes of the nature of a testamentary disposition. Under Philippine civil law, donations mortis causa are essentially revocable at the exclusive will of the donor at any time prior to death, without requiring the donee's consent. Furthermore, donations mortis causa must comply with the solemnities and formalities prescribed for wills and testaments. In contrast, an express stipulation of irrevocability is fundamentally incompatible with a donation mortis causa.

3. Alienation Prohibition Effect
A stipulation in a deed of donation prohibiting the donee from alienating, encumbering, or disposing of the donated property during the donor's lifetime confirms an immediate transfer of naked ownership inter vivos. Such a restriction presupposes that title has already passed to the donee, as one cannot prohibit a person from alienating property unless ownership has already been vested in that person. The prohibition, alongside retained possession by the donor, merely reserves the usufruct or possession without altering the inter vivos character of the donation.

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