Does a Deed of Donation Expire in Philippines

Short answer

No—deeds of donation do not “expire.” Once a donation is validly perfected (offered by the donor and expressly accepted by the donee in the form required by law), the deed remains effective unless it is revoked, rescinded, annulled, or otherwise invalidated on legally recognized grounds. What can “run out,” however, are deadlines to bring certain court actions (prescriptive periods) or to comply with tax and registration requirements—both of which affect enforceability and third-party effects, not the deed’s intrinsic “lifespan.”


Key concepts you need to know

1) What a “deed of donation” actually does

A deed of donation is the written instrument embodying a gratuitous transfer (a donation) from a donor to a donee.

  • Inter vivos (between living persons): takes effect now (or upon a stated suspensive condition/date) and is generally irrevocable once perfected, subject to Civil Code grounds for revocation.
  • Mortis causa (in contemplation of death): is essentially testamentary; it takes effect upon the donor’s death, is revocable any time before death, and must follow the formalities of wills.

A “donation” is the juridical act; the “deed” is the documentary evidence of that act.


Formal validity: When is a deed of donation valid?

The Civil Code imposes strict form requirements. Failure here can render the deed void (not merely voidable).

A) Movable property

  • If the value does not exceed ₱5,000: donation may be oral, but must be accompanied by delivery.
  • If the value exceeds ₱5,000: donation and acceptance must be in writing. (“In writing” is sufficient; a notarized public instrument is best practice.)

B) Immovable property (land, buildings, real rights)

  • Must be in a public instrument (notarized) describing the property and any charges/encumbrances.

  • The donee’s acceptance must be express, and either:

    • in the same instrument, or
    • in a separate public instrument that is notified to the donor in an authentic form (e.g., through a notarized notice); the notification must be stated in both instruments.

C) Acceptance and timing

  • Acceptance must occur while the donor and donee are both alive and capacitated.
  • If acceptance happens after the donor’s death, an inter vivos donation is ineffective.

No expiration: Once these formalities are met and acceptance is made in time, the deed does not lapse by mere passage of time.


Registration: Effects against third persons (not about “expiry”)

  • Real property donations should be registered with the Registry of Deeds to bind third persons and to carry over ownership in the Torrens system.
  • Unregistered but formally valid donations are binding between the parties, but do not prejudice third persons in good faith.
  • Registration has timing consequences (e.g., indefeasibility of a Torrens title after a decree becomes final), but failure to register does not “expire” the deed; it limits enforceability against outsiders.

Tax compliance: No “expiry,” but non-compliance has teeth

  • Philippine donor’s tax rules require filing and payment within set deadlines (and sometimes submission of the notarized deed and supporting documents).
  • Non-payment or late payment does not void the deed; it exposes the parties to surcharges, interests, penalties, and may obstruct later registration or transfer-related transactions.

(Specific rates and filing windows change from time to time. Always confirm the current BIR rules before filing.)


When a donation can be undone (and where time limits matter)

Even though a deed does not expire, Philippine law allows loss of the donation through specific remedies. The important practical point is prescriptive periods (deadlines to sue).

1) Revocation for non-compliance with conditions

If the donation is conditional (e.g., scholarship, upkeep of a property, prohibition to alienate for a term) and the donee fails to comply, the donor (or heirs, in some cases) may seek revocation.

  • Time limit: The action to revoke must be filed within a limited period counting from the breach (generally four years from non-compliance is applied in practice).
  • Effect: Revocation resolves the donation; ownership reverts to the donor, subject to rules on fruits/improvements in good faith.

2) Revocation for ingratitude

Classic Civil Code grounds include serious offenses by the donee against the donor (e.g., attempts on life, grievous injuries, unjust refusal of support).

  • Time limit: The action must be brought within one year from when the donor learned of the ingratitude, and during the donor’s lifetime.
  • Effect: Similar reversion rules apply.

3) Revocation for supervening children (certain inter vivos donations)

Some donations made when the donor had no children can be revoked if a child is later born, adopted, or acknowledged, subject to the Code’s conditions.

  • Time limit: Typically four years from the birth/adoption/acknowledgment is followed.

4) Rescission/Resolution for breach (if the donation is onerous or mixed)

When the donation imposes onerous obligations comparable to contracts with consideration, general contract remedies (resolution, rescission) may apply.

  • Time limits: Often four years from breach or discovery, depending on the remedy.

5) Annulment (voidable donations)

If consent was vitiated (e.g., mistake, fraud, intimidation, undue influence, or incapacity), a donation may be voidable.

  • Time limit: Actions for annulment generally prescribe in four years (reckoned from cessation of intimidation, from discovery of fraud or mistake, or from attaining capacity).

6) Nullity (void donations)

Donations that violate the law—for example:

  • Donation of future property (as a rule, void, except certain cases allowed by law);
  • Donations between spouses (subject to the prohibitions in the Family Code, except moderate gifts on family occasions);
  • Donations infringing legitimes (excess over the disposable free portion may be reduced upon the donor’s death);
  • Formal defects (e.g., real property donation not in a notarized instrument; lack of valid acceptance).

Actions or defenses to declare absolute nullity do not prescribe (imprescriptible), but property registration rules (e.g., indefeasibility of a Torrens title after finality of decree) can cut off recovery against third-party registered titles even if the underlying deed was void. Timing and posture of the case therefore matter.


Special issues that look like “expiry” (but aren’t)

  1. Term or condition built into the deed

    • A deed may state a term (e.g., transfers after a certain date) or a resolutory condition (e.g., donation stands unless X happens). When the term arrives or the condition occurs, the donation takes effect or ends accordingly. That is contractual timing, not legal “expiration.”
  2. Failure to accept in time (inter vivos)

    • If the donee never validly accepts while the donor is alive and capacitated, the donation is not perfected—not because a deed “expired,” but because a mandatory element never occurred.
  3. Non-compliance with notification (separate acceptance)

    • For immovable donations where acceptance is in a separate instrument, failure to notify the donor in authentic form means the acceptance is ineffective. Again, no “expiry,” just lack of a statutory requirement.
  4. Death of the donor before acceptance (inter vivos)

    • The donation fails if acceptance comes too late. The deed does not “expire”; the law precludes perfection.

Collation, legitimes, and “inofficiousness” (estate impact)

Inter vivos donations reduce the donor’s estate. At death, the Civil Code protects legitimes of compulsory heirs (e.g., spouse, legitimate/illegitimate children, parents in default). If lifetime donations exceed the disposable free portion, heirs can sue for reduction to restore their legitimes.

  • This reduction action is post-mortem (after the donor’s death) and targets the excess, not the whole deed.
  • The deed still does not expire; it is trimmed to respect successional rights.

Practical checklist

Before signing

  • Identify if the donation is inter vivos or mortis causa.
  • Confirm capacity of donor and donee.
  • Draft clear conditions/terms if any, and think through compliance and evidence.
  • Observe form (writing vs. notarized public instrument; acceptance in proper form; authentic notification if separate).
  • For real property, prepare technical description, tax declarations, and proof of title.

After signing

  • Ensure express acceptance is properly effected and, if separate, notified to the donor in authentic form.
  • Handle BIR donor’s tax filing/payment and obtain necessary clearances/receipts.
  • For real property, proceed to registration (Registry of Deeds) so the transfer binds third persons.
  • Calendar any conditions (and how to prove compliance), and keep documentary evidence.

If a dispute looms

  • Identify the correct remedy (revocation, rescission, annulment, reduction, or nullity).
  • Track the prescriptive period (many are four years; ingratitude is typically one year from knowledge and during the donor’s lifetime; nullity is generally imprescriptible, but Torrens indefeasibility may bar recovery against registered titles).
  • Consider effects on fruits, improvements, and reimbursement upon revocation or annulment.

Bottom line

There is no built-in expiration date for a deed of donation in Philippine law. The instrument endures indefinitely once a donation is validly perfected and the legal formalities are met. What may end or be cut off are rights to challenge or revoke the donation (due to prescription or registration finality) and certain tax/administrative windows. Treat “expiry” concerns as questions about validity, enforceability against third parties, and remedies’ deadlines—not about the deed’s shelf life.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.