OvervIew (the short legal idea)

A Deed of Donation generally does not “expire” just because time passes. In Philippine law, a donation is a mode of transferring ownership once it is validly executed and perfected.

What people often call “expiration” usually refers to something else, such as:

the donation was never perfected (e.g., no valid acceptance),
the donation can still be revoked on specific grounds within specific time limits,
the donation is valid but not enforceable against third persons because it wasn’t registered/annotated,
tax/registration steps weren’t done on time (which triggers penalties but is not automatically the same as “the deed expired”).

This article explains the Philippine rules in depth.

1) What a Deed of Donation is under Philippine law

A donation is an act of liberality where a person (donor) disposes gratuitously of a thing or right in favor of another (donee) who accepts it. This is primarily governed by the Civil Code provisions on Donations.

Two major types:

Donation inter vivos – takes effect during the donor’s lifetime (the usual Deed of Donation).
Donation mortis causa – intended to take effect upon death (often treated like a will; it must follow wills and succession formalities).

Most “Deeds of Donation” used for land, vehicles, and similar transfers are donations inter vivos.

2) Do Deeds of Donation “expire”?

A. As a document: no automatic expiration

There is no general law saying a notarized Deed of Donation becomes void after X years.

B. As a transfer of ownership: it depends on perfection and completion

A donation becomes effective when the legal requirements are met—especially acceptance (and the required form).

If those requirements were met, the donation doesn’t “expire.” But it may still be:

revocable in specific situations, or
vulnerable to challenges (e.g., inofficious donations that impair legitimes).

3) The key issue: Acceptance (the most common “it expired” misconception)

For donations inter vivos, acceptance by the donee is essential.

For movable property

If the value is small and there is simultaneous delivery, an oral donation can be valid.
Above the Civil Code threshold, a written donation is required.

For immovable property (land, buildings, real rights over land)

The Civil Code requires strict formalities:

The donation must be in a public instrument (notarized deed) specifying the property and any burdens.
The donee must accept:
- either in the same deed, or
- in a separate public instrument.
If acceptance is in a separate instrument, the donor must be notified in an authentic form, and this step must be reflected.

Practical consequence: If the donee never validly accepted—especially if the donor dies before valid acceptance—people may say the deed “expired.” Legally, the problem is lack of perfection, not expiration.

4) Donation vs. registration: Validity between parties vs. effect on third persons

Even if a donation is valid between donor and donee, failure to register can cause major issues.

A. For registered land (Torrens system)

To fully protect the donee and to update title:

the Deed of Donation is registered with the Registry of Deeds,
the transfer is annotated, and
eventually a new title may be issued in the donee’s name.

Important: Registration is generally about binding third parties and securing the donee’s title. A valid donation can exist even before registration, but unregistered rights can be defeated by certain third-party scenarios depending on the facts.

B. “It’s notarized but not transferred—does it expire?”

Notarization alone does not equal a completed title transfer for real property. What usually “goes stale” are:

the parties’ willingness/cooperation,
documentary requirements (e.g., tax clearances),
and the practical risk of disputes.

But the deed itself doesn’t automatically expire.

5) Revocation and rescission: time limits that people confuse as “expiration”

While a deed doesn’t typically expire, some actions to revoke a donation have strict time periods.

A. Revocation for ingratitude (Civil Code)

A donor may revoke a donation if the donee commits certain serious acts (commonly grouped as “ingratitude,” such as serious offense against the donor, refusal of support in proper cases, etc.).

Time limit: The action must generally be filed within one (1) year from the time the donor learned of the cause and could bring the action.

If that 1-year period lapses, the donor may lose the right to revoke on that ground. People sometimes describe this as the donation “already expired,” but it’s actually prescription of the revocation action.

B. Revocation due to birth, adoption, or reappearance of a child (Civil Code)

A donation may be revoked if, after making it, the donor:

has a child,
adopts a child, or
a child believed dead reappears, under the conditions recognized by the Civil Code.
Time limit: The Civil Code provides a limited period (commonly treated as four (4) years counted from the relevant event, depending on the ground and circumstances).

Again, what lapses is the right to revoke, not the deed “expiring.”

C. Revocation for non-fulfillment of conditions (Civil Code)

If the donation is conditional (e.g., “donated provided the donee supports the donor” or “provided the property is used for a particular purpose”), the donor may revoke if the donee fails to comply.

Time limit: The Civil Code recognizes the remedy, but the exact prescriptive period can depend on how the obligation is characterized and the applicable prescription rules. In practice, lawyers often analyze whether the claim falls under written contract-based actions or another category.

Key takeaway: Conditional donations can be attacked later if conditions are breached, but prescription analysis is fact-specific.

6) Inofficious donations and legitime: challenges after death (common estate disputes)

Even if a donation is valid, it may be reducible if it impairs the legitime of compulsory heirs (e.g., legitimate children, surviving spouse, etc.).

A. What this means

A donor cannot give away so much during life that compulsory heirs are deprived of their legitime. If that happens:

heirs may file an action for reduction of inofficious donations after the donor’s death as part of settlement of estate issues.

B. Does that mean the donation expires at death?

No. The donation does not “expire,” but it can be partially reduced so legitimes are protected.

C. Timing

The timing for these claims depends on succession and settlement rules and prescription doctrines as applied in context. This is a common litigation area because facts (dates of donation, properties left at death, heirs, valuations, and classification of properties) matter a lot.

7) Donations that are void or restricted (often discovered “later”)

Some donations are prohibited or void under Philippine law. These don’t “expire”—they can be invalid from the start.

Common examples:

Donations between spouses during marriage are generally void, except moderate gifts on occasions of family rejoicing (Family Code rule).
Donations made in certain illicit relationship contexts can be void under Civil Code prohibitions (e.g., donations between persons guilty of adultery/concubinage in the context defined by law).
Donations that fail required formalities (especially for immovables) can be void.
Donations made by persons without capacity, or involving vitiated consent, may be void or voidable depending on the defect.

8) Tax and compliance: deadlines that don’t void the donation but cause penalties

Many people ask “will the deed expire?” when what they’re really facing is a tax filing/payment deadline.

Donor’s tax (Philippine tax rules)

Donations are generally subject to donor’s tax, with exemptions and exclusions depending on the nature of the transfer and the relationship.

There is typically a deadline to file the donor’s tax return and pay the tax after the date of donation.
Missing deadlines usually results in surcharges, interest, and penalties.

Important: Tax noncompliance can delay transfer/registration because registries and assessors often require tax clearances, but the deed is not automatically “expired” just because the deadline was missed.

9) Real-world scenarios: when people think it “expired”

Scenario 1: Donee never signed acceptance; donor already died

Likely issue: no valid acceptance during donor’s lifetime → donation may be ineffective.

Scenario 2: Deed signed years ago but never registered

Likely issue: ownership may be valid between parties, but donee’s position can be legally vulnerable; registration is needed for clean title and third-party protection.

Scenario 3: Heirs contest the donation after donor’s death

Likely issue: donation may be attacked as:

impairing legitime (inofficious),
simulated,
lacking formalities,
void due to prohibited donations, or
subject to collation/reduction rules.

Scenario 4: Conditional donation (support/use) not complied with

Likely issue: donor (or, in some setups, successors depending on the right) may have a remedy; timing/prescription requires careful analysis.

10) Practical guidance (Philippine context)

If you are a donee

Ensure proper acceptance (especially for immovables: public instrument, notice rules).
Complete tax compliance and register/annotate the transfer as soon as possible.
Keep originals and proof of donor’s notification (if acceptance is separate).

If you are a donor

Decide if it should be absolute or conditional.
Consider legitime implications—large donations can trigger future reduction issues.
If the donation is meant to take effect at death, a “donation” document may actually be treated as mortis causa and should comply with will formalities.

If you are an heir contesting a donation

Identify your legal theory: lack of form, lack of acceptance, void donation, simulation, inofficious donation/legitime impairment, fraud, etc.
Timing matters: some remedies prescribe quickly (e.g., ingratitude revocation).

Bottom line

A Deed of Donation does not usually expire in the Philippines simply due to age. What does change over time are:

whether it was perfected (especially acceptance),
whether it can still be revoked on certain grounds within specific periods,
whether it remains unregistered (riskier against third parties),
and whether it becomes subject to estate/legitime disputes after death.

If you tell me the situation (movable vs land, whether acceptance was signed, whether donor is still alive, whether it was registered, and whether there are heirs disputing), I can map the most likely legal outcome and the key risk points in a clear checklist.