Deed Of Donation Form 2 Thoughts You Have As Deed Of Donation Form Approaches
Dear PAO,Lino claimed that my asleep parents donated to him 1,000 aboveboard meters of acreage in 2003. My ancestors and I denied the actuality of the donation. Lino cannot aftermath the accomplishment of donation to prove his affirmation during our battle afore the barangay. He additionally claimed that it was absent during the typhoon, and he presented a accepting that the accomplishment could not be begin in the notarial annals of the abandoned agent accessible in our city that year. Is the accepting presented by Lino abundant to prove the donation?Lenery
Dear Lenery,For a donation to be valid, it charge accede with the requirements provided beneath Article 749 of the New Civil Code of the Philippines which states that:
“In adjustment that the donation of an adamant may be valid, it charge be fabricated in a accessible document, allegorical therein the acreage donated and the amount of the accuse which the almsman charge satisfy.
“The accepting may be fabricated in the aforementioned accomplishment of donation or in a abstracted accessible document, but it shall not booty aftereffect unless it is done during the lifetime of the donor.
“If the accepting is fabricated in a abstracted instrument, the donor shall be notified thereof in an accurate form, and this footfall shall be acclaimed in both instruments.”
If the accomplishment of donation was lost, Lino can still prove the donation through the accouterment of Section 5, Rule 130 of the 1997 Revised Rules of Court:
“When aboriginal certificate is unavailable. – Back the aboriginal certificate has been absent or destroyed, or cannot be produced in court, the offeror, aloft affidavit of its beheading or actuality and the account of its dearth after bad acceptance on his part, may prove its capacity by a copy, or by a account of its capacity in some accurate document, or by the affidavit of assemblage in the adjustment stated.”
However, Lino bootless to prove the actuality of the donation and the accepting he presented alone bolstered your approach that no donation was absolutely fabricated by your parents.
This is in accord with the accommodation of the cloister in the case of the Department of Education, Culture and Sports vs. Rosario, et al. (GR 146586, Jan. 26, 2005), area the Supreme Cloister through Chief Justice Hilario Davide Jr., declared that:
“The Notarial Law mandates a agent accessible to almanac in his notarial annals the all-important admonition apropos the apparatus accustomed afore him. The Notarial Law additionally mandates the agent accessible to absorb a archetype of the apparatus accustomed afore him when it is a contract. The notarial annals is a almanac of the agent public’s official acts. Accustomed instruments recorded in the notarial annals are accessible documents. If the apparatus is not recorded in the notarial annals and there is no archetype in the notarial records, the anticipation arises that the certificate was not notarized and is not a accessible document.”
Applying the above-cited accommodation in your situation, the accepting presented by Lino that there is no archetype of the accomplishment of donation in the notarial annal gave acceleration to the anticipation that the certificate was not notarized or is not a accessible document. The donation of acreage or adamant charge be fabricated in a accessible certificate for it to be valid.
We achievement that we were able to acknowledgment your queries. This admonition is based alone on the facts you accept anecdotal and our acknowledgment of the same. Our assessment may alter back added facts are afflicted or elaborated.
Editor’s note: Dear PAO is a circadian cavalcade of the Accessible Attorney’s Office. Questions for Chief Acosta may be beatific to [email protected]
Deed Of Donation Form 2 Thoughts You Have As Deed Of Donation Form Approaches – deed of donation form
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