Who may donate?
All persons who may contract and dispose of their property may make a donation. (Art. 735, CC)
Requisites
In order that a person can make a donation, three requisites are necessary. They are:
1. He must have the capacity to enter into contracts;
2. He mast be able to dispose of his property; and,
3. He must not be prohibited or disqualified by law from making the donation.
Can guardians and trustees donate the property entrusted to them?
Guardians and trustees cannot donate the property entrusted to them. (Art. 736, CC)
When shall the donor's capacity be determined?
The donor's capacity shall be determined as of the time of the making of the donation. (Art. 737, CC)
Can a person donate a property which is not owned by him?
A donation would not be legally feasible if the donor has neither ownership nor real right that he can transmit to the donee. A donation, under Art. 712, CC in relation to Art. 725, CC is also a mode of acquiring and transmitting ownership and other real rights by an act of liberality whereby a person disposes gratuitously that ownership or real right in favor of another who accepts it. It would be an inefficacious process if the donor would have nothing to convey at the time it is made. (Hemedes vs. CA, et al., GR. No. 107132, October 8, 1999)
Source: Desiderio P. Jurado,
Civil Law Reviewer, 2006 ed.
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