I. Overview: Where Donation Law Ends and Registration Law Begins

A Deed of Donation is primarily governed by the Civil Code rules on donations (especially on validity, form, acceptance, capacity, and revocation). Once the donation involves real property or registered land, the next critical layer is the Property Registration Decree (PD 1529), which governs how the donation is registered, what the Registry of Deeds (RD) can or cannot record, and what legal effects registration produces.

A helpful way to frame it:

Civil Code answers: Is the donation valid between donor and donee?
PD 1529 answers: Assuming it is a registrable instrument affecting titled land, how is it entered in the registry so it binds third persons and results in the issuance/annotation of a title?

Registration is powerful, but it is not magic: registration does not cure a void donation. It also does not automatically fix defects in consent, authority, form, or capacity.

II. Donation Basics That Matter for Registration (Civil Code Core)

A. Donations Inter Vivos vs. Donations Mortis Causa

Donation inter vivos
- Takes effect during the donor’s lifetime.
- Must comply with the formalities for donations.
- Registrable (if it affects real property and otherwise qualifies as a registrable instrument).
Donation mortis causa
- Intended to take effect upon death; essentially testamentary in character.
- Must follow the formalities of wills.
- Not treated as a registrable conveyance in the ordinary RD process until succession/probate issues are resolved; attempting to “register a mortis causa donation like a deed” commonly triggers denial or later cancellation issues.

Practical consequence: Many registration disputes start with a deed labeled “Donation” that is actually mortis causa in substance (e.g., donor retains ownership and control and transfer is clearly intended only at death).

III. Substantive Requirements: Valid Donation of Real Property

A. Capacity and Authority

A donation must be executed by a donor with:

Legal capacity to dispose (of age, not disqualified), and
Ownership/authority over the property being donated.

Common capacity/authority pitfalls:

Property is conjugal/community and the donation is executed without required spousal consent (or without authority recognized by family property rules).
Donor signs through an attorney-in-fact but the Special Power of Attorney (SPA) does not clearly authorize donation (donation is not lightly implied).
Donor is a corporation/association but there is no board authorization or the signatory lacks authority.

B. Ownership and “What Exactly Is Being Donated”

The deed must clearly identify:

The property (technical description for land; title number if registered),
The extent (entire property vs. specific portion or undivided share),
Any reservations (usufruct, life interest, conditions), and
Any encumbrances (mortgage, liens) known to the parties.

Important: A donor cannot donate more rights than the donor actually has. A donation of property the donor does not own is void as to that property interest.

C. Acceptance Is Not Optional

Donation is a contract-like juridical act in this sense: without acceptance by the donee, there is no perfected donation.

For donations of immovable property (land/buildings), the acceptance must comply with strict form:

The donation must be in a public instrument (notarized deed).
The acceptance must be:
1. In the same public instrument, or
2. In a separate public instrument.

If acceptance is separate, there must also be:

Notification to the donor in an authentic form, and
Notation of that fact in the donation deed (as a matter of proper documentation).

Registration consequence: RDs frequently require the acceptance document and proof of the required notice (if separate). Missing acceptance is one of the most common reasons a donation cannot be cleanly registered or is later challenged.

D. Form and Content Requirements for Donations of Real Property

For a valid donation of immovable property, the deed should clearly contain:

Full names, citizenship, marital status, addresses of donor and donee
Statement of donative intent (voluntary transfer)
Description of property:
- If titled: TCT/CCT number, Registry of Deeds location, lot number, survey plan references, area, boundaries
- If not titled: tax declaration details and technical description (but see the registration discussion below)
Statement of acceptance (or reference to separate acceptance)
Conditions/reservations (if any)
Signatures and proper notarization

IV. Conditions, Reservations, and Their Registration Effects

Donations often include features that directly affect registrability and later title issues:

A. Conditional Donations

A donation may be subject to conditions (e.g., “donee must support donor,” “property cannot be sold for X years,” “reversion if donee predeceases donor,” etc.).

Registration implication: Conditions may be annotated on the title. But if a condition is:

Too vague, illegal, or contrary to law/public policy, it becomes a validity issue.
Essentially a retention of ownership until death, it risks being treated as mortis causa.

B. Reservations (Usufruct / Right to Use / Life Interest)

A common structure is: donor donates the naked title but reserves usufruct or right of use.

Registration implication: This is typically handled by:

Issuance of a new title in the donee’s name, with an annotation of the reserved usufruct/right, or
An annotation reflecting the encumbrance/reservation consistent with the deed.

C. Reversion Clauses

Reversion clauses can be valid depending on wording and nature, but they must be carefully drafted.

Registration implication: A reversion clause can appear as an annotated restriction/encumbrance, but enforcement usually requires a proper cause and often judicial action if disputed.

V. PD 1529: The Registration Framework for Deeds of Donation

PD 1529 governs registration primarily for Torrens (registered) land.

A. Donation as a “Voluntary Instrument”

A deed of donation is treated as a voluntary instrument affecting registered land—similar in registration mechanics to deeds of sale, assignment, or transfer.

The RD’s job is generally ministerial when an instrument is:

In due form (legally sufficient),
Affects titled property within the RD’s territorial jurisdiction,
Accompanied by the required supporting documents, and
Does not present obvious legal impossibility based on the title/records.

B. Core Registration Concept: Registration Is the Operative Act (As to Third Persons)

For registered land, PD 1529 embodies the Torrens principle: registration is the operative act that binds or affects third persons.

Between donor and donee, a valid deed with acceptance can be binding even before registration; but as against third parties, registration/annotation is crucial:

To give constructive notice
To determine priority among competing claims
To support issuance of a new title (where appropriate)

C. What Registration Usually Produces

Depending on the instrument and the situation, registration results in:

Issuance of a new TCT/CCT in the donee’s name (transfer of ownership), and/or
Annotation of the donation/conditions/reservations on the existing title (where the structure calls for annotation rather than full transfer), and
Entry in the Primary Entry Book and memorialization on the title.

Most straightforward donations of the entire titled property lead to cancellation of the donor’s title and issuance of a new title to the donee, subject to any annotated encumbrances/conditions.

VI. Registration Requirements and Typical RD Supporting Documents

While PD 1529 sets the registration system, the RD will require practical documentation to ensure the instrument can be recorded and title updated. Common requirements include:

A. Instrument Requirements

Notarized Deed of Donation (public instrument)
Acceptance (in the same deed or separate public instrument)
If separate acceptance: proof/recital of authentic notice to donor

B. Title and Identity Requirements

Owner’s Duplicate Certificate of Title (TCT/CCT) for surrender (for issuance of new title/annotation)
Valid IDs; sometimes community tax certificate details appear in acknowledgments
Taxpayer identification details often required for tax clearances

C. Tax and Clearance Requirements (Commonly Required Before RD Processes Transfer)

Even if not “PD 1529 text requirements,” these are routine gatekeeping requirements:

Proof of payment/clearance for donor’s tax obligations (as applicable)
Documentary Stamp Tax proof (as applicable)
BIR clearances / eCAR (common in property transfers)
Real property tax clearance / tax declaration updates and local treasurer certifications (practice varies)

Key point: Many “registration problems” are really tax clearance problems that prevent the RD from completing the transfer.

VII. Major Registration Issues Under PD 1529 (and How They Arise)

Issue 1: Missing or Defective Acceptance

Symptoms:

Deed is notarized but contains no acceptance clause.
Acceptance is separate but not notarized, or donor notice is missing.

Consequence:

RD may refuse, or registration may proceed but the donation remains vulnerable to cancellation for lack of perfected donation.

Best practice: Acceptance should be explicit, notarized, and properly linked to the deed.

Issue 2: Owner’s Duplicate Title Not Produced

PD 1529 practice requires surrender of the owner’s duplicate for most transfers/issuances.

Typical scenarios:

Title is lost or destroyed.
Title is held by a bank due to a mortgage.
Title is withheld by a family member in dispute.

Consequence:

Transfer cannot proceed as a routine registration matter.

Remedy path:

If lost/destroyed: a court petition for issuance of a new owner’s duplicate under PD 1529 procedures (commonly involving publication and hearing).
If held by mortgagee: coordination with the mortgagee/bank; sometimes the bank will release the title for annotation/transfer subject to conditions, but this is not automatic.

Issue 3: Donation by One Spouse of Conjugal/Community Property Without Authority

A very common ground for later nullification/cancellation.

Symptoms:

Title indicates married owner; deed is signed by only one spouse.
Property is part of marital property regime.

Consequence:

Even if registered, the donation may be void or voidable depending on the regime and circumstances, and may be attacked by the non-consenting spouse or heirs.

Registration reality: RD may or may not catch the deeper family property issue. Registration does not immunize a defective conveyance.

Issue 4: Donation is Actually Mortis Causa in Substance

Red flags:

Deed says transfer “will take effect upon donor’s death.”
Donor retains full ownership and control and “gives” only at death.
Donee acceptance is framed like a future inheritance.

Consequence:

Vulnerable to being treated as a void donation inter vivos for failing will formalities, or invalid as a will substitute.

Registration consequence: Even if annotated, it can be challenged and may be canceled.

Issue 5: Technical Description / Property Identification Problems

Examples:

Deed states wrong TCT number.
Lot number mismatched to title.
Incomplete technical description for a portion donation.

Consequence:

RD may deny registration or require correction.
If registered incorrectly, later disputes arise involving boundaries, overlaps, or wrong property.

Remedies:

Execute a corrective deed (if appropriate).
If the error implicates the title itself, judicial remedies may be needed.

Issue 6: Donation of a Portion of Titled Land Without Proper Segregation

Donating a “portion” of a titled lot typically requires:

Approved subdivision plan (where required),
Segregation/partition mechanics,
New technical description for the carved-out lot.

Consequence:

RD generally cannot issue a title for an undefined “portion” without proper survey/plan compliance.

Issue 7: Existing Encumbrances, Adverse Claims, Lis Pendens, or Court Orders

Examples:

Mortgage annotated on title.
Notice of levy/attachment.
Lis pendens in a pending case.
Court injunction or order affecting disposition.

Consequence:

Donation may still be registered depending on the encumbrance type, but:
- The donee takes subject to encumbrances, and/or
- RD may require compliance with court orders, or
- Registration may be denied if a legal restraint is clear.

Issue 8: Conflicts With Prior Unregistered Instruments / Priority Disputes

Under Torrens principles, the contest often becomes: who registered first in good faith?

Donation-specific twist: A donee is not a buyer paying value, so “innocent purchaser for value” doctrines do not always map neatly. But registration still matters enormously for priority and notice. If there is an earlier registered adverse instrument, the donee typically takes subject to it.

Issue 9: Registration of Donation Over Unregistered Land (Non-Torrens)

PD 1529 primarily governs registered land systems. If land is unregistered, “registration” is often under other recording systems (commonly referenced in practice, such as Act 3344 recording), plus local tax declaration updates.

Consequence: People sometimes believe any RD recording “creates” ownership. For unregistered land, recording is generally evidentiary/notice-based, not the Torrens indefeasibility framework.

VIII. Effects of Registration (and What It Does NOT Do)

A. What Registration Does

Gives constructive notice to the world of the registered instrument.
Establishes priority in the RD records and supports reliance on the title system.
Enables issuance of a new title or annotation consistent with the instrument.

B. What Registration Does Not Do

Does not validate a donation void for lack of acceptance, lack of authority, illegality, or fraud.
Does not defeat rights that by law are superior (e.g., certain marital property rights, certain succession/legitime-based actions, and court-ordered restraints).
Does not automatically remove existing encumbrances; the donee generally takes subject to annotations on the title unless lawfully canceled.

IX. Cancellation/Correction Problems After Registration

Even after a donation is registered, disputes may lead to:

Petitions to cancel the donation entry or title,
Actions for reconveyance,
Claims of forgery, undue influence, lack of capacity, absence of spousal consent, or noncompliance with formalities,
Proceedings involving reissuance of titles if the owner’s duplicate was compromised.

Under PD 1529 practice, the RD typically cannot “undo” entries purely administratively once properly recorded; disputes often migrate to judicial proceedings where the court orders cancellation, annotation, or reconveyance.

X. Practical Checklist: A “Registrable” Deed of Donation Package

For a typical donation of a titled residential lot/condo, a complete set often includes:

Notarized Deed of Donation with complete property description and clear donative intent
Donee acceptance (in the deed or separate notarized instrument)
If acceptance is separate: documented authentic notice to donor and cross-references
Owner’s duplicate TCT/CCT for surrender
Current government IDs and details needed for acknowledgment
Tax clearances and transfer-related documents commonly required by RD practice (donor’s tax / DST / BIR eCAR, local tax clearance, etc.)
If donor is represented: SPA expressly authorizing donation (and notarized/consularized if executed abroad)
If corporate donor/donee: board/secretary certificates and signatory authority documents
If portion/segregation: approved plans and technical descriptions for the subdivided lot

XI. Common “Hard” Scenarios and Their Legal/Registration Pressure Points

1) Donor reserves lifetime use but transfers ownership now

Usually workable as a donation inter vivos with reservation/usufruct.
Must be drafted so it does not look like a disguised mortis causa transfer.

2) Donation to minors

Acceptance must be made by proper representatives (parents/guardian) consistent with law.
RD will look for representative capacity and supporting proof.

3) Donation with “no sale” restriction

May be annotated as a restriction depending on wording and registrability.
Enforceability depends on legality, reasonableness, and how it interacts with property law and public policy.

4) Donation to multiple donees

Must specify shares (pro-indiviso or partitioned).
Title issuance/annotation must match the chosen structure; ambiguity causes RD issues.

XII. Key Takeaways

A donation of real property is not complete without proper acceptance in the required form.
For titled land, PD 1529 registration is essential for public notice and title updating, but it does not cure invalidity.
Most registration rejections and later court fights trace back to predictable defects: acceptance problems, missing owner’s duplicate title, spousal authority issues, mortis causa characteristics, and property description/segregation defects.
Clean registration depends on aligning (1) Civil Code validity with (2) PD 1529 registrability mechanics and (3) the documentary and tax-clearance environment that RDs require in practice.