How to Ascertain
Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. – Puig vs. Penaflorida
(1) Did the donor transfer ownership during the execution of the deed? (2) To ascertain intent, all deed’s provisions must be read together. – Gestopa vs. CA
Disctinctions
| Donation Inter vivos | Donation Mortis causa | |
|---|---|---|
| Conveyance of title | during donor’s lifetime | upon donor’s death |
| Evidence or document to be valid | Donation and acceptance made in a public document (if real property donation) | Valid Will (holographic or notarial); if none, void donation. |
| Effectivity (when full or naked ownership is transmitted to the donees) | During donor’s lifetime or independent of owner’s death | Upon, by reason of owner’s death; no transfer before death |
| Validity if transferor survives the transferee | Valid | Invalid |
| Presence of illegal or impossible conditions | If simple donation, remains valid. (illegal stipulations not imposed) If onerous donation, void because they are governed by law on Contracts (Art. 733) | The Will remains valid because illegal stipulations will be deemed not imposed |
| Donee’s disposition | Immediately | Ambulatory (movable) and not final |
| Revocability | Generally irrevocable, XPN: donation will be revoked if donee will not give donor money (resolutory) | Always revocable; donor can always change his mind, or he has reserved the power to dispose the property. |
| Acceptance | Must be accepted by donee in the same or separate document; donor must be notified | No need (donor is dead) |
| Nature | Donee acquired property immediately upon effectivity of instrument | A legacy or devise; |
| Formalities | Follows Art. 748 and 749 | Must appear with the formalities prescribed by law for last wills and testaments to be valid |
| In case of doubt | Applies in case of doubt, inter vivos | Not default to avoid uncertainty to the ownership of property (default: donee owns automatically) |
| In consideration of love and affection | Applies here | Applies here |
| In consideration of past services or remuneratory | Applies here | Applies here |
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