Revocation of an Unnotarized Deed of Donation of Land to a Barangay
(Philippine Legal Context – updated to June 28 2025)
1. Orientation: donation, notarization & barangay ownership
| Key term | Core rule in Philippine law | Practical consequence |
|---|---|---|
| Donation | A gratuitous transfer of ownership that takes effect inter vivos (during the donor’s lifetime) when accepted by the donee (Civil Code Art. 725). | Creates an immediately enforceable conveyance once the legal formalities are met. |
| Immovable property | Includes land and those attached to it (Art. 415). | Stricter formalities apply than for movables. |
| Public instrument | A document acknowledged before a notary public or other authorized official (Art. 1358). | Notarization converts a private writing into a public document, gives it public faith and makes it registrable with the Registry of Deeds. |
| Barangay | The smallest local government unit (L.G.U.) endowed with juridical personality (Local Government Code [“LGC”] 1991, § 15). | May “take, purchase, receive, hold and convey real property” but only through a sanggunian-approved ordinance or resolution (§ 22). |
2. Formalities for a valid land-donation
Form (Civil Code Art. 749).
Must be in a public instrument (i.e., notarized);
must specify the property donated and any conditions;
acceptance by the barangay must be:
- in the same instrument or in a separate but also notarized instrument; and
- communicated in writing to the donor if acceptance is in a separate deed.
Authority to accept (LGC § 22, § 389 [b][3]).
- Acceptance must be authorized by a Sanggunian Barangay resolution enacted by a majority of all its members;
- the Punong Barangay (barangay captain) signs the deed on the barangay’s behalf.
Registration (Property Registration Decree, PD 1529 § 53).
- The notarized deed + Barangay resolution are filed with the Registry of Deeds;
- Transfer Certificate of Title (“TCT”) is issued in the name of the Barangay;
- Without registration, the donation is binding between parties but not against third persons.
3. An unnotarized deed: legal status & immediate effects
Void for lack of form.
- Failure to observe Art. 749 formalities renders the donation null and void ab initio – it produces no legal effect and cannot be cured by ratification (Art. 1390-1392 vis-à-vis Art. 1396).
Ownership remains with the donor.
- Even if physical possession has changed, juridical title does not transfer; the property cannot be registered in the barangay’s name; any attempt to annotate the deed will be refused by the Registry of Deeds.
Prescription does not run.
- Since possession under a void title is in bad faith, acquisitive prescription would require 30 years (Art. 1133, 1137) and, for titled land, is generally unavailable (Art. 1126; Land Registration Act).
No donor’s tax liability accrues.
- A void donation is not a “completed gift” under the National Internal Revenue Code (“NIRC”) § 98. Any tax previously paid may be claimed for refund within the statutory period.
4. Why talk of “revocation” if the deed is void?
Strictly speaking, one cannot revoke what never legally existed. Yet, in practice, “revocation” may still arise because:
- Clarity of records. Government auditors (COA) and Registries sometimes ask for a formal act titled “Revocation” or “Affidavit of Withdrawal” to explain why an earlier (but void) private deed will not be honored.
- Avoidance of estoppel or laches. A donor who originally believed the donation valid may want to dispel any claim that the barangay acquired rights through reliance.
- Preventing administrative appropriation. Once a barangay constructs public facilities on the land, it may claim implied dedication to public use; early revocation forestalls that argument.
5. Mechanics of revoking / defeating the unnotarized deed
5.1 Extra-judicial route
(Best when the barangay is cooperative.)
- Board resolution of the barangay acknowledging the defect and renouncing any claim.
- Affidavit of Revocation/Withdrawal executed by the donor and notarized.
- Registration of both documents with the Registry of Deeds to put third parties on notice.
- Cancellation of tax declarations previously issued in the barangay’s name (coordinate with the Municipal/City Assessor).
Tip: Attach photographs of the original deed showing absence of a notarial acknowledgment to pre-empt future questions from the BIR, COA, or Registry.
5.2 Judicial action
If the barangay refuses to sign a renunciation:
Action for declaratory relief or accion reivindicatoria in the Regional Trial Court (RTC) where the land is situated:
- Cause of action: declaration of nullity of the donation & recovery of possession/title.
Prescription:
- None for a void contract; action is imprescriptible, but earlier filing helps avoid factual complications (Art. 1410).
Venue & parties: donor (and successors) as plaintiffs; barangay and the Municipality/City as defendants (LGC § 516).
5.3 Grounds irrelevant to form
If, contrary to advice, the parties treated the unnotarized deed as valid for years, the donor might alternatively invoke Civil Code revocation grounds (Arts. 760-764):
| Ground | Requirement | Notes when donee is a barangay |
|---|---|---|
| Non-fulfillment of a condition or charge | The deed imposed a specific obligation (e.g., build a clinic). | Most common & easiest to prove; public interest usually aligns with donor. |
| Ingratitude | Donee committed specified acts (e.g., serious offense against donor). | Not applicable – jurisprudence treats LGUs as incapable of “ingratitude” because they act through changing officials (see Roman Catholic Archbishop of Manila v. CA, G.R. No. 95095, 1991). |
| Birth of children | Donor did not have children when donation was made (Art. 760). | Rarely invoked; must be judicially enforced. |
6. Frequently cited jurisprudence
| Case | G.R. No. / Date | Doctrine relevant to topic |
|---|---|---|
| Heirs of Malate v. Gamboa | G.R. 190045, 23 Jan 2013 | Unnotarized deed of donation of land is void; no acquisitive prescription in favor of donee in bad faith. |
| Roman Catholic Archbishop of Manila v. Court of Appeals | G.R. 95095, 29 Jul 1991 | Revocation on grounds of ingratitude unavailable when the donee is a juridical person. |
| Spouses Abellera v. Spouses Ramos | G.R. 172508, 13 Apr 2016 | Donation of immovable property must observe Art. 749 formalities; acceptance requires notarial form. |
| Dizon-Pamintuan v. Inciong | G.R. 13551, 11 Nov 1993 | Distinction between void and voidable donations; void ones cannot be ratified. |
| Republic v. Sandiganbayan | G.R. 162635, 15 July 2009 | Registration does not validate an inherently void conveyance; registry cannot correct fundamental defects. |
7. After revocation: collateral issues
Real property taxes (RPT).
- The donor resumes liability from the year following revocation/voidance; coordinate with Local Treasurer to re-assign tax declaration.
Public improvements already built on land.
- If the barangay erected structures in good faith, Articles 448-455 on builders in good faith apply: donor chooses between (a) reimbursing useful expenses, or (b) allowing the barangay a right of retention until paid.
- If erection is for “public use” (e.g., barangay hall), courts generally favor expropriation-level compensation rather than demolition.
Registration of a new deed.
- Parties may opt to execute a properly notarized donation instead of revoking, provided conditions are still desirable and the Sanggunian approves anew.
- A new Deed of Donation and Acceptance supersedes the void one; file this with the Registry of Deeds along with BIR Certificates Authorizing Registration (CAR).
Donor’s tax and documentary stamp tax (DST).
- For a new valid deed, donor’s tax may be exempt if the donation is “for charitable or educational purposes” or “to the Government” (NIRC § 101[A][2]); the barangay must supply a deed recital and COA certification.
- DST is exempt when the transferee is the Government or any of its political subdivisions (NIRC § 199).
8. Checklist for practitioners
Audit the form: Does the existing deed bear a notarial acknowledgment?
Secure barangay records: Obtain the Sanggunian resolution (if any) & tax declaration.
Decide on strategy:
- Execute new deed or proceed to revocation.
Prepare documents:
- Affidavit of Revocation / new Deed of Donation;
- Barangay resolution;
- BIR clearances if registration is involved.
Register & annotate with Registry of Deeds.
Coordinate with Assessor & Treasurer for tax declaration and RPT rollbacks.
Document turnover: Keep stamped copies with the donor, barangay, Assessor, and Registry.
9. Take-aways
- Notarization is indispensable to a donation of land; without it, the deed is void and title never leaves the donor.
- “Revocation” in this context is usually a documentary housekeeping step to foreclose misunderstandings and protect the public registry.
- Where the barangay wishes to keep the property and the donor consents, the safest course is to execute a new, compliant deed rather than litigate forms.
- Early legal advice saves costly disputes over public improvements and tax exposures.
Disclaimer: This article is for general guidance only and does not substitute for formal legal advice. Consult a Philippine lawyer for specific situations.