Lex Rex Ph

Donation Inter Vivos vs. Mortis Causa

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 vivosDonation Mortis causa
Conveyance of titleduring donor’s lifetimeupon donor’s death
Evidence or document to be validDonation 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 deathUpon, by reason of owner’s death; no transfer before death
Validity if transferor survives the transfereeValidInvalid
Presence of illegal or impossible conditionsIf 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 dispositionImmediatelyAmbulatory (movable) and not final
RevocabilityGenerally 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.
AcceptanceMust be accepted by donee in the same or separate document; donor must be notifiedNo need (donor is dead)
NatureDonee acquired property immediately upon effectivity of instrumentA legacy or devise;
FormalitiesFollows Art. 748 and 749Must appear with the formalities prescribed by law for last wills and testaments to be valid
In case of doubtApplies in case of doubt, inter vivosNot default to avoid uncertainty to the ownership of property (default: donee owns automatically)
In consideration of love and affectionApplies hereApplies here
In consideration of past services or remuneratoryApplies hereApplies here
Taken from Alejandro vs. Geraldez, Gestopa vs. CA

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