Who may
become donees?
Al those who are not specially disqualified by law therefor may
accept donations (Art. 738, CC)
Requisite
In order that a person can accept a donation, only one requisite
is necessary. He must not be prohibited or disqualified
by law from accepting the donation.
What donations are prohibited by law?
1) Those
made between persons who were guilty of adultery or concubinage at the time of
the donation;
2) Those made between persons found
guilty of the same criminal offense, in consideration thereof;
3) Those made to a public officer or
his wife, descendants and ascendants, by reason of his office;
4) Those made to priest who heard
the confession of the donor during his last illness, or the minister of the
gospel who extended spiritual aid to him during the same period;
5) Those made to relatives of such
priest or minister of the gospel within the fourth degree, the church, order,
chapter, community, organization, or institution to which such priest or
minister may belong;
6) Those made by a ward to the
guardian before the final accounts of the guardianship have been approved,
unless the guardian is an ascendant, descendant, brother, sister;
7) Those made to the attesting
witness of the execution of the donation, if there is any, or to the spouse,
parents, or children, or any one claiming under such witness, spouse, parents,
or children;
8) Those made to the physician,
surgeon, nurse, health officer or druggist who took care of the donor during
his last illness;
9) Those made by individuals,
associations and corporations not permitted by law to make donations;
10) Those made by the spouses to
each other during the marriage, or to the persons of whom the other spouse is a
presumptive heir.
Incapacity
to succeed by will
Incapacity to succeed by will shall
be applicable to donations inter vivos. (Art.
740, CC)
May minors and others who cannot
enter into a contract become donees? Who shall accept the donation?
Minors and others who cannot enter
into a contract may become donees but acceptance shall be done through their
parents or legal representatives. (Art.
741, CC)
May conceived and
unborn children become donees? Who shall accept the donation?
Yes. Donations made to conceived and
unborn children may be accepted by those persons who would legally represent
them if they were already born. (Art. 742,
CC)
Donations made to incapacitated
persons void
Donations made to incapacitated
persons shall be void, though simulated under the guise of another contract or
through a person who is interposed. (Art.
743, CC)
Rule on double donation
Donations of the same thing to two
or more different donees shall be governed by the provisions concerning the
sale of the same thing to two or more different persons. (Art. 744, CC)
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