CD Nuisance To Donation Doctrines
CD Nuisance To Donation Doctrines
CD Nuisance To Donation Doctrines
The Missionary Sisters of Our Lady of Fatima vs. Alzona, G.R. No. 224307, 06
August 2018
In order that a donation of an immovable property be valid, the following elements must
be present: (a) the essential reduction of the patrimony of the donor; (b) the increase in
the patrimony of the donee; (c) the intent to do an act of liberality or animus donandi; (d)
the donation must be contained in a public document; and (e) that the acceptance
thereof be made in the same deed or in a separate public instrument; if acceptance is
made in a separate instrument, the donor must be notified thereof in an authentic form,
to be noted in both instruments.
Article 738, in relation to Article 745, of the Civil Code provides that all those who are
not specifically disqualified by law may accept donations either personally or through an
authorized representative with a special power of attorney for the purpose or with a
general and sufficient power.