Dear Attorney,

I would like to ask about the legal implications of a deed of donation that was signed decades ago but was not notarized. Some of the signatories have passed away, and I would like to know if the heirs or children of those deceased individuals can make any claim on the property involved. Please advise on the matter.

Sincerely,
A Concerned Heir

Insights

In the Philippines, donations of immovable property are governed by specific formalities under the law. A deed of donation involving immovable property must be made in a public instrument, which means it must be notarized to be valid. If the donation was not notarized, it would not comply with the legal formalities required under the Civil Code of the Philippines.

Formality of Donations

Under Article 749 of the Civil Code, a donation of immovable property must meet two key formalities to be valid:

It must be made in a public document (i.e., notarized).
The acceptance of the donation must also be in a public document, or, if it was made in a private instrument, the donation is void.

If the donation was not notarized, it could be deemed void and ineffective. This lack of notarization could affect the enforceability of the deed, and in most cases, the donation would not transfer ownership.

Legal Rights of Heirs

When the donor or donee passes away, the heirs may have an interest in the property, depending on several factors, including the validity of the deed of donation. In cases where the donation was invalid due to lack of notarization, the property may be considered part of the estate of the deceased donor. This would mean that the heirs, through intestate succession, may have claims on the property.

The children or heirs of the deceased signatories may have a right to the property if the donation is considered void. The property would form part of the estate and be distributed according to the rules on succession, where the heirs could claim their respective shares.

However, if the donation was valid despite the death of some signatories, the heirs of the deceased donees cannot automatically claim ownership unless there is a legal basis, such as proof of succession to the rights of the donees.

Prescription Period

Additionally, the passage of time may affect the ability of the heirs to assert claims. The Civil Code sets a 30-year prescription period for asserting real property rights, meaning if no action is taken within that time frame, the heirs may lose their right to make a claim on the property.