Donating property or assets in the Philippines requires a legally sound Deed of Donation. This document outlines the transfer of ownership from the donor to the donee, protecting both parties' interests. Understanding its components and adhering to legal requirements is crucial. This guide provides a sample Deed of Donation and explains key aspects for creating a legally compliant document. Remember, this sample is for informational purposes only and should not be considered legal advice. Consult with a legal professional for personalized guidance.
Understanding the Components of a Deed of Donation in the Philippines
A valid Deed of Donation in the Philippines must include the following essential elements:
- Parties Involved: Clearly identify the donor (the person giving the property) and the donee (the person receiving the property). Full names, addresses, and civil status should be stated.
- Subject Matter: Precisely describe the property being donated. This includes the location (complete address), type of property (land, building, vehicle, etc.), and any identifying features (e.g., Tax Declaration Number for real property, engine number for vehicles).
- Declaration of Donation: A clear and unequivocal statement expressing the donor's intention to donate the property to the donee, freely and voluntarily.
- Acceptance of Donation: The donee must explicitly accept the donation. This acceptance can be included within the same document.
- Conditions (if any): Any conditions attached to the donation should be clearly stated. These conditions must be legal and permissible.
- Taxes and Expenses: Specify who bears the responsibility for the costs associated with the transfer, including taxes and registration fees.
- Signatures and Witnesses: The donor and donee must sign the document in the presence of at least two credible witnesses, who should also sign and provide their addresses.
- Notarization: The Deed of Donation must be notarized by a public notary to ensure its legal validity.
Sample Deed of Donation (Philippines)
DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Donation is made and entered into this ____ day of ________, 20, in the City of __________, Philippines, by and between:
DONOR:
[Donor's Full Name], of legal age, Filipino, with residence and postal address at [Donor's Complete Address], hereinafter referred to as the "DONOR";
AND
DONEE:
[Donee's Full Name], of legal age, Filipino, with residence and postal address at [Donee's Complete Address], hereinafter referred to as the "DONEE."
WITNESSETH:
WHEREAS, the DONOR is the lawful owner of a parcel of land situated in [Barangay], [Municipality/City], [Province], Philippines, more particularly described as follows: [Insert detailed property description including Tax Declaration Number];
WHEREAS, the DONOR, being moved by [State reason for donation – e.g., generosity, family ties, charitable purposes], desires to donate the aforementioned property to the DONEE;
WHEREAS, the DONEE has freely and voluntarily accepted the donation;
NOW, THEREFORE, for and in consideration of the foregoing premises, and other valuable considerations, the receipt of which is hereby acknowledged, the DONOR hereby donates, transfers, and conveys unto the DONEE, his/her heirs and assigns, forever, the above-described property, free from all liens and encumbrances.
The DONEE hereby accepts this donation and agrees to all its terms and conditions.
Both parties agree that the expenses related to the registration of this donation with the Registry of Deeds shall be borne by [Donor/Donee].
IN WITNESS WHEREOF, the parties have hereunto set their hands this ____ day of ________, 20, in the presence of the witnesses whose signatures appear below:
DONOR: DONEE:
Signature Signature
WITNESSES:
Signature Signature
Printed Name and Address Printed Name and Address
REPUBLIC OF THE PHILIPPINES) CITY/MUNICIPALITY OF _____________)
Before me, this ____ day of ________, 20, personally appeared the above-named DONORS and DONEES, known to me to be the same persons who executed the foregoing Deed of Donation, and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL this ____ day of ________, 20.
Notary Public Doc. No. _____; Page No. _____; Book No. _____; Series of _____.
Note: This is a sample Deed of Donation. Consult a lawyer for a document tailored to your specific situation. The accuracy of the property description is critical and requires verification through land titles and other relevant documents.
Key Considerations Before Donating Property
- Tax Implications: Understand the tax implications of donating property. Consult with a tax professional to determine any applicable taxes.
- Legal Advice: Seek legal counsel to ensure the Deed of Donation is legally sound and protects your interests.
- Property Valuation: Obtain a professional valuation of the property to establish its fair market value.
This comprehensive guide provides a valuable starting point for understanding the process of creating a Deed of Donation in the Philippines. Remember to seek professional advice for a legally compliant document specific to your situation.
