A Deed of Donation (usually a donation inter vivos) does not have a built-in “expiration date” simply because time passes—if it was validly made and properly accepted under Philippine law. What does “run out” are opportunities and legal remedies surrounding it (for example: whether acceptance was made in time, whether the donation can still be revoked, and whether actions to challenge or enforce it have prescribed).

This article explains, in Philippine context, what people mean when they ask if a deed of donation “expires,” and the real legal timelines that matter.

1) The governing idea: validity vs. enforceability vs. paperwork

When people say “expire,” they may be referring to different things:

A. Validity

Was the donation legally effective from the start? If the required formalities and acceptance were not met, the “deed” may be void (as if it never took effect), regardless of how much time has passed.

B. Enforceability / ability to implement

Even a valid donation can be difficult to implement later if:

the donor or donee has died before proper acceptance,
taxes/transfer steps were never completed,
the property was later transferred to a third party who relied on the title.

C. Registration and taxes

Non-registration doesn’t usually “expire” the donation between the parties, but it can:

prevent the donee from being recognized as owner in the land registry, and
expose the transaction to disputes with third parties.

2) Donation inter vivos vs. donation mortis causa (critical distinction)

Donation inter vivos (most “Deeds of Donation”)

Takes effect during the donor’s lifetime, once properly executed and accepted.
Governed mainly by the Civil Code provisions on Donations.

Donation mortis causa (in substance, a testamentary disposition)

Intended to take effect upon death.
Must comply with the formalities of wills, not merely a deed titled “Deed of Donation.”
If it’s essentially mortis causa but not in will form, it can be invalid.

Why it matters: What “expires” and what timelines apply depend heavily on whether the donation is truly inter vivos or actually mortis causa in disguise.

3) The #1 timeline that matters: acceptance must happen in time

In Philippine law, a donation is not perfected by the donor’s act alone. Acceptance by the donee is essential.

For immovable property (land/house/condo)

A donation of immovable property must generally be in a public instrument (notarized document) and must comply with strict acceptance rules:

The donation must be made in a public instrument specifying the property and any charges/conditions.
The donee must accept:
- in the same public instrument, or
- in a separate public instrument.
If acceptance is in a separate instrument:
- the donor must be notified in an authentic form, and
- the fact of notification must be noted in the deed.

“Does it expire if the donee accepts late?”

Acceptance is not “late” just because months/years pass—but it must be made while both donor and donee are alive, and before circumstances make the donation legally impossible to complete.

Practically: Many deeds that appear “expired” are actually never perfected because acceptance was missing or defective.

4) Does a notarized Deed of Donation transfer ownership immediately?

Between donor and donee

If the donation is valid and accepted as required, it can be effective between them.

As against third persons (and for title to reflect transfer)

For real property, to make the transfer secure and opposable to third parties, the usual steps include:

payment of applicable taxes/fees,
issuance of the BIR clearance/eCAR (for property transfers),
and registration with the Registry of Deeds to issue a new Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT) in the donee’s name.

If you don’t register, did the deed “expire”?

Not automatically. But non-registration can create serious risk, because:

the land title stays in the donor’s name,
the property may later be sold/mortgaged/levied,
heirs or creditors may dispute implementation,
good-faith purchasers relying on the title may be protected.

So, the deed doesn’t “expire,” but your practical ability to enforce it cleanly can degrade over time.

5) Can a deed of donation be revoked, and do revocation rights expire?

Yes, donations can be revoked in specific cases—and revocation actions may have prescriptive periods (time limits). Common grounds:

A. Revocation for non-fulfillment of conditions

If the donation imposed conditions (e.g., “donee must support donor,” “must not sell for X years,” “must pay a debt,” etc.) and the donee violates them, the donor may seek revocation.

Key point: This is not about the deed expiring; it’s about the donor enforcing a right that may be time-bound.

B. Revocation for ingratitude

Philippine law recognizes revocation for certain serious acts of ingratitude by the donee (e.g., specified forms of offenses or grave acts against the donor).

Key point: Actions based on ingratitude are typically subject to short prescriptive periods compared to ordinary civil actions. If the donor delays too long, the remedy may be lost.

C. Other legal limits: inofficious donations (impairing legitimes)

A donation may be reduced after the donor’s death if it impairs the legitime of compulsory heirs (e.g., legitimate children, surviving spouse, etc., depending on the family situation).

Key point: The donation doesn’t “expire,” but it may be partially clawed back (reduced) to the extent necessary to protect legitimes.

6) Donations that are void regardless of “expiration”

Some “Deeds of Donation” are void from the start due to prohibitions or fatal defects. Examples:

A. Donations between spouses during marriage (general rule)

As a general rule under Philippine family law, donations between spouses during marriage are void, except for certain moderate gifts on occasions (subject to legal exceptions/nuances).

B. Lack of required form

Immovable property donation not in the required public instrument and/or lacking valid acceptance formalities → typically void.
Certain movable property donations require writing depending on value and nature.

C. Simulated or fraudulent donations

If used to defraud creditors or evade legal obligations, the transaction may be attacked under relevant civil law principles.

In these cases, the issue is not “expiration,” but invalidity or voidness.

7) “Expired” because donor died? Here’s what really happens

A very common scenario:

Scenario: deed signed, but acceptance/registration not completed; donor later dies

If acceptance was not properly made during the donor’s lifetime, the donation may not have been perfected.
The property may be treated as still part of the donor’s estate, subject to settlement and heirship rules.
Heirs may resist implementation, and you may end up litigating validity, acceptance, and proof rather than “expiration.”

Bottom line: Many “expired deed” stories are really “unfinished donation before death.”

8) Tax and administrative realities: deadlines that feel like “expiration”

Even if civil law doesn’t set an “expiry,” the tax/transfer system has deadlines and consequences:

Donor’s tax rules and filing/payment timelines can trigger penalties, surcharges, and interest if delayed.
Local transfer taxes and registry requirements can also lead to penalties and complications.
Over time, records get harder to obtain, signatories may be unavailable, and government requirements may become harder to satisfy without updated documentation (e.g., IDs, authorizations, estate issues if the donor is deceased).

So while the deed may not expire, the cost and difficulty of implementing it can escalate.

9) Practical FAQ

“It’s been 10+ years. Is the Deed of Donation still valid?”

Potentially yes, if it was validly executed and accepted, and no legal ground exists to revoke/reduce it. But if acceptance was missing/defective, or if the property remained titled to the donor and later dealings occurred, the situation can be legally messy.

“We never registered it. Can we still register now?”

Often yes in principle, but you may face:

tax penalties,
problems if the donor is deceased,
problems if the property was encumbered/sold,
missing documents (tax declarations, IDs, authority to sign, updated technical descriptions, etc.).

“Can heirs cancel the deed just because it’s old?”

Not “because it’s old.” Heirs generally need a legal basis such as:

lack of required form/acceptance,
inofficiousness (impairing legitimes),
fraud/simulation,
other recognized grounds under civil law.

“Does notarization make it automatically effective?”

Notarization helps with form and evidentiary weight, but it does not cure missing acceptance requirements (especially for immovable property donations), and it does not substitute for registration if you need opposability and title transfer.

10) Best-practice checklist to avoid “expiration” problems (what actually prevents disputes)

If you want a donation to remain strong and enforceable over time:

Confirm the type: inter vivos vs mortis causa.
For real property:
- ensure the deed is a proper public instrument,
- ensure acceptance is correctly documented,
- if acceptance is separate, ensure authentic notice to donor and proper notation.
Pay donor’s tax and obtain the required BIR clearance for transfer processing.
Register promptly with the Registry of Deeds to issue a new title.
Check family law restrictions (e.g., spouse-to-spouse donations) and legitime issues if large property is involved.
If there are conditions, document compliance and keep records.

11) The simplest answer

A Deed of Donation generally does not “expire” in the Philippines just because time passed. What matters is whether it was validly executed and accepted, and whether later events (death, third-party transfers, revocation grounds, legitime protection, tax/registration complications) affect your ability to rely on it.

If you want, describe the situation (real property or movable? accepted in the same deed or separately? donor/donee still living? registered or not?), and I’ll map out which legal timeline issues are most likely in that fact pattern—still in general informational terms.