Query: Is a deed of donation legally binding if it is based on a video recording of the donor verbally agreeing to transfer property?
A deed of donation is a legal document in the Philippines where one party (the donor) voluntarily transfers ownership of their property, whether real or personal, to another party (the donee) without any consideration. For a deed of donation to be legally binding, it must comply with certain requisites stipulated by Philippine law, specifically under the Civil Code of the Philippines.
Firstly, the deed of donation must be in writing and should explicitly indicate the intent of the donor to transfer ownership of the property to the donee. The Civil Code requires that donations of immovable property, like land or buildings, be made through a public document. This means the deed must be notarized to ensure its authenticity and to formally record the transfer in public registries.
The verbal agreement in a video recording, as described, where a mother (the donor) agrees to transfer property to a donee, raises concerns regarding its legality as a formal deed of donation. Although the video captures the intent, Philippine law requires that donations of substantial assets, especially real estate, be documented and executed through a public document. A mere verbal agreement, even if recorded, does not suffice to meet the legal requirements.
Furthermore, the donor's capacity to make the donation at the time of the agreement is crucial. The law invalidates any donation if the donor did not have the legal capacity to make the donation at the time of the transfer. This includes being of sound mind and not under any undue influence or pressure.
In scenarios where the donee is promised a larger share than others, as hinted at in the scenario, any modification to the original terms of the donation after the donor's death would require consent from all heirs or a valid amendment to the deed of donation made by the donor while still alive.
Moreover, any disputes arising from a deed of donation, especially concerning the fairness of distribution among heirs or the validity of the document, are typically settled in court. The court's decision will consider the written terms of the donation, the intent of the parties involved, and compliance with legal requirements.
In conclusion, a video recording of a verbal agreement to transfer property is not legally sufficient to constitute a valid deed of donation for immovable property in the Philippines. For the donation to be enforceable, it must be made through a notarized public document in accordance with the provisions of the Civil Code. Any disagreements or claims regarding the property after the donor's death would likely require judicial intervention to resolve.