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A Deed of Donation, also known as a Donation Agreement or Donation Contract, provides written proof of an agreement by 2 or more persons whether individual (natural person) or organization (juridical person), whereby one person (or persons) donates, gives, or bequeaths, otherwise known as the donor, in favor of another person (or persons), otherwise known as the donee, property or object whether cash, movable property or immovable property. A deed of donation transfers the ownership of the property or object to another, generally because of the donor's magnanimity, generosity, kindness, or affection towards the donee.
A Deed of Donation which includes the donor's act of donation and the donee's acceptance must be in a public instrument which means that it must be notarized or signed by a notary public to be valid. if the property donated is an immovable property or real property (e.g. a parcel of land or a house). On the other hand, if the property is a movable property (e.g. a watch or a car) or a cash donation, and is worth more than ₱5000, the donation and its acceptance must be in writing or contained in a written agreement and may optionally be notarized.
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This document requires details of the Donor and the Donee such as full name, age, address, marital status, and identification (if notarization is required). If the Donor is an organization such as a corporation, business, partnership, or cooperative, details of such organization such as its registered name, principal address, and details of its representative should also be provided.
If two or more individuals jointly own the property or are co-owners of said property, all of them must provide their details in this agreement. Similarly, if two or more individuals jointly accept the donation and necessarily become co-owners of the property, they must also provide their details.
The details of the property or object to be donated whether cash donation, movable or immovable property must be filled out. The reason by which the donor makes the donation such as his/her magnanimity, generosity, kindness, or affection towards the donee, or any other reason may also be provided. Additionally, obligations or conditions imposed or attached to the donation may be included whether on the part of the donor or the donee.
After filling up the document, both parties (donor and donee) must print and sign the document, and each party must keep a copy, and another copy must be given to the notary public after notarization.
It must be noted that notarization, in case of donation of real or immovable property such as a parcel of land, is required for its validity, and is optional in case of other kinds of properties.
A Deed of Donation is subject to the provisions of the Civil Code of the Philippines specifically the provisions on Donation. A Deed of Donation may also governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized deed may be punishable under the Revised Penal Code of the Philippines.
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