Donating real properties to a non-stock and non-profit foundation

Donating real properties to a non-stock and non-profit foundation "My name is Imelda. I am an unmarried woman and will be celebrating my 80th birthday this coming September. I have real properties all over Metro Manila, and before I die want to donate them to a non-stock and non-profit foundation for orphans, the abandoned, those with special needs, and the elderly. Thus, I want to be enlightened on the possible requirements in executing a valid Deed of Donation. Thank you very much,Imelda Dear Imelda,It is important to comprehend the nature of donation, according to our Civil Code, particularly Article 725 thereof, which states that “donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.” The law provides formal requirements in donating a property, depending on the nature of the property being donated, in your case, immovable property. Article 749 of the Civil Code provides:“Art. 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments.”Furthermore, the Supreme Court in the case of Elvira T. Arangote vs. Sps. Martin Maglunob and Lourdes S. Maglunob, and Romeo Salido (G.R. No. 178906, February 18, 2009) penned by Associate Justice Minita Chico-Nazario, enumerates three (3) requisites for the validity of a simple donation of a real property which must be complied with, to wit: “(1) it must be made in a public instrument (2) it must be accepted, which acceptance may be made either in the same Deed of Donation or in a separate public instrument and (3) if the acceptance is made in a separate instrument, the donor must be notified in an authentic form, and the same must be noted in both instruments.”We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/