I. Introduction

A Deed of Donation is a legal instrument by which one person, called the donor, voluntarily transfers ownership of property to another person, called the donee, without monetary consideration. In the Philippines, donations are commonly used to transfer real property among family members, donate land to a local government unit, give property to a religious or charitable institution, or formalize the gratuitous transfer of assets during the donor’s lifetime.

Because a Deed of Donation affects ownership rights, tax obligations, and registration records, parties often need a certified copy of it. A certified copy may be required for land registration, tax declaration transfer, estate planning, court proceedings, loan documentation, government transactions, or proof of ownership.

The proper place to obtain a certified copy depends on where the Deed of Donation was executed, notarized, registered, or filed. In many cases, there is not just one possible source. The best source depends on whether the deed involves registered land, unregistered land, personal property, or a private donation that was merely notarized but never registered.

This article explains where to get a certified copy of a Deed of Donation in the Philippines, what offices may have custody of it, what documents are usually required, and what practical issues may arise.

II. What Is a Certified Copy?

A certified copy is a reproduction of an original document or official record that is authenticated by the office or person having custody of the original or official file. It usually bears a certification, seal, stamp, signature, or notation confirming that the copy is a true and faithful reproduction of the record on file.

A certified copy is different from an ordinary photocopy. A photocopy merely reproduces the contents of a document. A certified copy carries an official attestation that the copy corresponds to an original or official record.

In Philippine legal practice, certified copies are important because many government offices, courts, banks, and private institutions will not accept ordinary photocopies for transactions involving real property or ownership rights.

III. The First Question: Was the Deed of Donation Notarized?

A Deed of Donation involving real property must be in a public instrument. In practical terms, this means that the deed should be notarized before a notary public. Once notarized, the document becomes a public document and may be admissible in evidence without further proof of its due execution, subject to applicable rules.

The notary public keeps a notarial register and is required to submit notarial records to the proper court office, usually the Office of the Clerk of Court, depending on the place and notarial commission involved.

Therefore, if the Deed of Donation was notarized, a certified copy may sometimes be obtained from:

the notary public who notarized the deed;
the notary’s retained files, if still available;
the Office of the Clerk of Court where the notary submitted notarial records; or
another government office where the deed was later registered or filed.

The details appearing in the notarization are important. These include the document number, page number, book number, series year, name of the notary public, place of notarization, and date of notarization. These details help locate the deed in the notarial records.

IV. Where to Get a Certified Copy of a Deed of Donation

A. From the Notary Public Who Notarized the Deed

The most immediate source is often the notary public who prepared or notarized the Deed of Donation.

If the deed was recently executed, the notary may still have a copy in the office file. Lawyers and notaries commonly retain copies of documents they notarize, especially if they also drafted the instrument.

When this is useful

This is useful when:

the deed was recently notarized;
the parties know the name of the notary public;
the notarial details are available;
the deed has not yet been registered with the Registry of Deeds; or
the parties need a copy quickly for tax or registration purposes.

Limitations

A notary’s copy may not always be considered an official certified copy for all purposes. Some offices may require a certified true copy from the Registry of Deeds, the Office of the Clerk of Court, or another government custodian. Also, if the notary has retired, transferred office, died, or lost records, the notary may no longer be able to provide a copy.

B. From the Office of the Clerk of Court

If the Deed of Donation was notarized, the notarial records may have been submitted to the Office of the Clerk of Court of the place where the notary was commissioned.

The Office of the Clerk of Court may issue certified copies of notarized documents found in the notarial records submitted by notaries public.

Information usually needed

To request a certified copy, it is helpful to provide:

name of the notary public;
date of notarization;
document number;
page number;
book number;
series year;
names of the donor and donee;
title or nature of the document, such as “Deed of Donation”;
place where the document was notarized.

The more complete the notarial details, the easier it is for the office to locate the record.

When this is useful

This is especially useful when:

the notary public is no longer available;
the deed was notarized many years ago;
a party only has a photocopy showing the notarial details;
the requesting party needs a certified copy of the notarized instrument itself; or
the deed was not registered with the Registry of Deeds.

Practical note

Notarial records may be incomplete, missing, damaged, or difficult to locate, especially for very old documents. In such cases, the requesting party may need to search other possible sources, such as the Registry of Deeds, assessor’s office, BIR file, or the parties’ personal records.

C. From the Registry of Deeds

For donations involving registered land, the most important office is usually the Registry of Deeds of the city or province where the real property is located.

If the Deed of Donation was used to transfer registered land, it may have been filed with the Registry of Deeds together with supporting documents such as tax clearances, certificates authorizing registration, transfer tax receipts, and owner’s duplicate certificates of title.

The Registry of Deeds may issue a certified true copy of documents forming part of its records, including the Deed of Donation, if the deed was registered or filed there.

When this is the best source

The Registry of Deeds is usually the best source when:

the donation involved titled land;
the donation resulted in the cancellation of an old title and issuance of a new title;
the requesting party needs proof that the donation was registered;
the deed is connected with a Transfer Certificate of Title, Original Certificate of Title, or Condominium Certificate of Title;
the certified copy is needed for a property sale, mortgage, litigation, or government transaction.

What to bring or provide

The Registry of Deeds will usually need identifying information such as:

title number;
name of registered owner;
location of the property;
names of donor and donee;
date of donation;
instrument number or entry number, if known;
tax declaration number, if available;
copy of the deed, if the requester has one;
valid government-issued identification;
authorization or special power of attorney, if requesting on behalf of another person.

Certified copy of the title versus certified copy of the deed

A certified true copy of the certificate of title is not the same as a certified copy of the Deed of Donation.

The title shows the current registered owner and annotations affecting the property. The Deed of Donation is the instrument that caused or supported the transfer. In some transactions, both documents may be needed.

For example, a bank, buyer, lawyer, court, or government agency may ask for the certified true copy of title to verify ownership and for the certified copy of the Deed of Donation to determine the basis, terms, conditions, acceptance, or validity of the transfer.

D. From the Land Registration Authority or Its Systems

The Land Registration Authority supervises the registries of deeds. Depending on the available services and digitization status of the records, certified copies of titles and certain registered documents may be obtainable through the appropriate Registry of Deeds or authorized land registration systems.

For registered land, the Registry of Deeds remains the practical office to approach first because records are organized according to the place where the property is located.

E. From the Assessor’s Office

The City or Municipal Assessor’s Office may not normally be the main custodian of the Deed of Donation, but it may have a copy if the donation was used to transfer or update the tax declaration.

After a real property donation, the donee often applies for transfer of the tax declaration. As part of that process, the assessor’s office may require submission of the Deed of Donation, certificate authorizing registration, transfer tax documents, real property tax clearance, and title documents.

When this is useful

The assessor’s office may be useful when:

the property is covered by a tax declaration;
the parties need to trace how the tax declaration was transferred;
the deed was submitted for assessment purposes;
the Registry of Deeds record is unavailable or the property is untitled;
the donation involved improvements, buildings, or tax-declared property.

Limitation

A copy from the assessor’s office may be considered a copy from its tax declaration file, not necessarily the official registered deed. Whether it will be accepted depends on the purpose for which the certified copy is needed.

F. From the Bureau of Internal Revenue

The Bureau of Internal Revenue may have copies of the Deed of Donation in connection with donor’s tax processing and issuance of the Certificate Authorizing Registration, commonly called the CAR.

A donation, especially of real property, generally requires tax processing before registration of transfer. The BIR may require the Deed of Donation and supporting documents to assess donor’s tax and documentary stamp tax, if applicable.

When this is useful

The BIR file may be relevant when:

the donation was processed for donor’s tax;
a CAR was issued;
the Registry of Deeds asks for tax documents;
a party needs proof that tax processing occurred;
there is a dispute over whether the donation was declared for tax purposes.

Limitation

The BIR is not usually the first office approached for a certified copy of the deed itself. BIR records are primarily tax records. Access may also depend on confidentiality rules, identity of the requesting party, authorization, and availability of the file.

G. From the Local Treasurer’s Office

For donations of real property, local transfer tax may be paid to the provincial, city, or municipal treasurer, depending on the location and applicable local rules.

The Treasurer’s Office may have records connected with payment of transfer tax. It may also have copies of documents submitted for that purpose, possibly including the Deed of Donation.

When this is useful

This may help when:

tracing whether local transfer tax was paid;
reconstructing the registration file;
locating documents submitted during transfer;
proving that the donee or parties complied with local tax requirements.

Limitation

Like the assessor’s office, the treasurer’s office is not always the main legal custodian of the deed. A certified copy from the Registry of Deeds or Office of the Clerk of Court may carry greater weight depending on the transaction.

H. From the Court Where the Deed Was Presented as Evidence

If the Deed of Donation was used in a court case, the court records may contain a copy. The party may request certified copies of pleadings, exhibits, or records, subject to court rules and approval.

When this is useful

This is relevant when:

the deed was involved in a land dispute;
the donation was questioned in court;
the original or copy was marked as evidence;
the case records are still available;
a party needs a certified copy of the court record containing the deed.

Limitation

A court-certified copy proves that the document is a copy of a court record. It does not necessarily prove that the deed was registered with the Registry of Deeds or that the transfer was completed.

I. From the Parties Themselves

The donor, donee, their heirs, lawyer, broker, accountant, or representative may have retained the original or photocopies of the Deed of Donation.

This is often the simplest starting point, especially if the deed was not registered or if the requesting party lacks notarial details.

However, an ordinary copy from the parties is not the same as a certified copy unless the person or office certifying it has authority or custody sufficient for the purpose required.

V. If the Deed of Donation Involves Registered Land

For titled real property, the most important records are usually with the Registry of Deeds.

A donation of titled land usually involves several steps:

execution and notarization of the Deed of Donation;
acceptance by the donee, either in the same deed or in a separate public instrument;
payment or processing of donor’s tax and other applicable taxes;
issuance of BIR Certificate Authorizing Registration;
payment of local transfer tax;
submission to the Registry of Deeds;
cancellation of the old title, if applicable;
issuance of a new title in the name of the donee;
transfer of tax declaration with the assessor’s office.

If the process was completed, the Registry of Deeds should normally have the deed or registration file. If the deed was never registered, the Registry of Deeds may not have it, and the requesting party must look to the notary, Clerk of Court, parties, or tax offices.

VI. If the Deed of Donation Involves Untitled Land

For untitled land, there may be no certificate of title and no ordinary title transfer record at the Registry of Deeds. However, the deed may still have been notarized, taxed, and used to update tax declarations.

Possible sources include:

the notary public;
Office of the Clerk of Court;
Assessor’s Office;
Treasurer’s Office;
BIR;
parties’ personal files;
court records, if litigation occurred.

In untitled land cases, the tax declaration is not conclusive proof of ownership, but it may be evidence of possession, claim of ownership, or tax payment. The Deed of Donation may be important in showing how the donee acquired the donor’s rights or interest.

VII. If the Deed of Donation Involves Personal Property

A Deed of Donation may also cover personal property, such as vehicles, shares of stock, equipment, jewelry, money, business assets, or other movable property.

The proper source depends on the type of personal property.

For motor vehicles, records may exist with the Land Transportation Office if the donation was used to transfer registration.

For shares of stock, the corporation’s stock and transfer book, corporate secretary, or transfer agent may have relevant records.

For bank deposits or financial assets, the relevant institution may have required a copy of the deed, but access will be subject to internal rules, banking laws, and authorization.

For ordinary personal property, the principal source may be the notary public, Clerk of Court, or parties themselves.

VIII. What Information Is Needed to Request a Certified Copy?

To locate and request a certified copy, prepare as much information as possible.

Important details include:

full names of the donor and donee;
date of execution;
date of notarization;
name of notary public;
document number, page number, book number, and series year;
property location;
title number;
tax declaration number;
registry entry number or instrument number;
BIR CAR number, if available;
contact details of the parties;
purpose of request;
valid government-issued ID;
authorization letter or special power of attorney, if requesting for another person;
proof of relationship or legal interest, if required.

A photocopy, scanned copy, or even a photo of the deed can be very helpful because it may contain the notarial details and property description needed to trace the record.

IX. Who May Request a Certified Copy?

The rules may vary depending on the office and the nature of the record.

Generally, the following persons may have a legitimate reason to request a certified copy:

the donor;
the donee;
heirs of the donor or donee;
registered owner;
authorized representative;
lawyer of a party;
buyer or mortgagee conducting due diligence;
government agency;
party to a case;
person with a legal or property interest.

Some records, especially land records, are generally accessible subject to office rules and payment of fees. Other records, especially tax files, personal records, or court records, may require proof of authority, identity, or legal interest.

X. Common Reasons for Needing a Certified Copy

A certified copy of a Deed of Donation may be needed for:

transfer of title;
transfer of tax declaration;
correction of land records;
settlement of estate issues;
proof of acquisition;
sale of donated property;
mortgage or bank loan application;
court litigation;
cancellation or revocation dispute;
donor’s tax verification;
local transfer tax processing;
land registration proceedings;
due diligence before purchase;
family property documentation;
compliance with government office requirements.

XI. Is the Deed of Donation Valid Without Registration?

As between the parties, a donation may be valid if the legal requirements for donation are met, including capacity, intent to donate, acceptance, proper form, and compliance with Civil Code requirements.

However, for real property, registration is crucial to bind third persons and to reflect ownership in the land registration system. If a Deed of Donation involving registered land is notarized but not registered, the title may still remain in the donor’s name or previous owner’s name. This can create practical and legal problems, especially in later sales, inheritance, mortgages, and disputes.

Thus, when asking where to get a certified copy, it is also important to determine whether the deed was merely notarized or actually registered.

XII. Certified True Copy from the Registry of Deeds: Why It Matters

For real property transactions, a certified true copy from the Registry of Deeds is often preferred because it is tied to the official land registration records.

A Registry of Deeds-certified copy may help prove:

that the deed was filed or registered;
the date and entry of registration;
the connection between the deed and the certificate of title;
the basis for transfer of title;
annotations or encumbrances related to the donation.

If the purpose is to prove ownership of registered land, it is usually advisable to obtain both:

a certified true copy of the current title; and
a certified copy of the Deed of Donation or registration instrument, if needed.

XIII. What If the Original Deed Is Lost?

If the original Deed of Donation is lost, the requesting party should first determine whether a copy exists in official records.

Possible steps include:

check personal files of the donor, donee, heirs, lawyer, or broker;
locate the notarial details from any photocopy;
request from the notary public;
request from the Office of the Clerk of Court;
check the Registry of Deeds if the property was registered;
check the BIR, treasurer, or assessor if tax or property records were processed;
check court records if the deed was litigated;
execute appropriate affidavits if required by the office or transaction.

If no official copy can be found, legal advice may be necessary. Depending on the facts, the parties may need to execute a confirmatory document, affidavit of loss, reconstitution-related documents, judicial action, or other corrective instruments. The correct remedy depends on whether the donation was completed, accepted, taxed, registered, and relied upon by third persons.

XIV. What If the Deed Was Not Notarized?

A deed that was not notarized may create significant legal issues, especially if it involves real property.

For donations of immovable property, the Civil Code requires that the donation be made in a public document, specifying the property donated and the value of the charges which the donee must satisfy. Acceptance must also be made in the same deed or in a separate public document, and the donor must be notified of the acceptance in authentic form if acceptance is in a separate instrument.

If the document was not notarized, it may not be considered a public instrument. This may affect validity, registrability, admissibility, and enforceability.

In that situation, a “certified copy” may not be available from a notary, Clerk of Court, or Registry of Deeds unless the document was otherwise filed in an official record. The parties may need legal assistance to determine whether the donation can still be corrected, ratified, re-executed, or judicially addressed.

XV. What If the Donation Was Accepted in a Separate Document?

Under Philippine law, acceptance by the donee is essential. For immovable property, acceptance may appear in the same Deed of Donation or in a separate public instrument.

If acceptance was made in a separate document, the requesting party may need certified copies of both:

the Deed of Donation; and
the Deed or Instrument of Acceptance.

A Registry of Deeds, court, notary, Clerk of Court, or party file may contain one but not necessarily the other. Therefore, a search should include both documents.

XVI. What If the Donation Was Revoked, Rescinded, or Challenged?

A Deed of Donation may later become the subject of disputes. Common issues include:

lack of acceptance;
donor’s lack of capacity;
fraud, intimidation, undue influence, or mistake;
impairment of legitime of compulsory heirs;
simulation of contract;
failure to comply with conditions;
ingratitude;
non-payment of taxes;
defective notarization;
lack of registration;
forged signatures;
double sale or double donation;
donation made in contemplation of death.

If the donation was revoked, cancelled, rescinded, or challenged, there may be additional documents to obtain, such as:

deed of revocation;
court decision;
notice of adverse claim;
lis pendens annotation;
cancellation documents;
settlement agreement;
subsequent title;
assessor’s records;
BIR records.

In such cases, obtaining only the Deed of Donation may not give the full legal picture. A complete due diligence review should include the current title, prior title, annotations, tax declarations, and relevant court or tax records.

XVII. Practical Step-by-Step Guide

Step 1: Identify the Property or Subject Matter

Determine whether the donation involves titled land, untitled land, condominium unit, vehicle, shares of stock, business assets, money, or other personal property.

For titled land, start with the Registry of Deeds. For notarized but unregistered documents, start with the notary or Clerk of Court. For tax declaration matters, check the assessor. For tax processing, check the BIR.

Step 2: Look for Any Existing Copy

Even an ordinary photocopy is useful. Check the notarial section for the notary’s name, document number, page number, book number, and series year.

Step 3: Determine Whether It Was Registered

If the deed affected titled land, check the certificate of title. The title may show annotations or transfer history. The Registry of Deeds may help locate the instrument if you have the title number.

Step 4: Request From the Proper Office

Submit a request to the office most likely to have custody of the record. Bring identification, authorization if needed, and enough details for the office to locate the document.

Step 5: Pay the Required Fees

Government offices usually charge fees for certified true copies, certifications, research, documentary stamps, or related services. Fees vary depending on the office, number of pages, and type of certification.

Step 6: Verify Completeness

Check whether the certified copy includes all pages, signatures, notarial acknowledgment, annexes, technical descriptions, acceptance clause, and any attached documents. For donations of real property, missing pages or missing acceptance language may be legally significant.

Step 7: Obtain Related Documents

Depending on the purpose, also obtain:

certified true copy of title;
tax declaration;
real property tax clearance;
BIR Certificate Authorizing Registration;
donor’s tax return or proof of payment;
transfer tax receipt;
deed of acceptance;
court order or decision, if any;
certificate of no improvement, if relevant;
special power of attorney, if a representative is involved.

XVIII. Common Problems and How to Address Them

1. The Registry of Deeds Has No Record

This may mean the deed was never registered, was registered under another title number, was filed in another Registry of Deeds, or cannot be located without more details. Check the notary, Clerk of Court, assessor, BIR, treasurer, and party files.

2. The Notary Public Cannot Be Found

Check the notarial details and inquire with the Office of the Clerk of Court where the notary was commissioned. The notary’s records may have been submitted there.

3. The Deed Has No Notarial Details

If the copy lacks a notarial page or acknowledgment, it may be incomplete or may not have been notarized. Search party files for a complete copy. Legal review may be necessary.

4. The Deed Was Not Registered but the Donee Possesses the Property

Possession alone does not replace registration for titled land. The donee may need to complete tax processing and registration, subject to legal and tax requirements.

5. The Donor Is Already Deceased

If the donation was validly completed during the donor’s lifetime, the deed may still be relevant. However, heirs may challenge certain donations if they impair legitime or suffer from legal defects. Certified copies may be needed for estate settlement or litigation.

6. The Donee Never Accepted the Donation

Acceptance is essential. If acceptance is absent, the donation may be defective. A certified copy should be reviewed carefully to see whether acceptance appears in the deed or in a separate public instrument.

7. The Deed Contains Conditions

Some donations impose conditions, such as maintaining a school, using the property for charitable purposes, supporting the donor, or prohibiting sale for a period. A certified copy is important because the exact wording of the conditions may determine the parties’ rights.

XIX. Difference Between Deed of Donation Inter Vivos and Donation Mortis Causa

A Deed of Donation inter vivos transfers property during the donor’s lifetime and is generally governed by rules on donations.

A donation mortis causa takes effect upon the donor’s death and must comply with the formalities of a will. If a document called a “Deed of Donation” is actually intended to transfer property only after death, it may be treated differently.

This distinction matters because the office holding a copy may not be the only issue. The legal effect of the document may also depend on whether it is truly a donation inter vivos or a disposition mortis causa.

XX. May a Certified Copy Be Used Like the Original?

A certified copy may often be accepted for verification, evidence, and official transactions, but some transactions may still require the original owner’s duplicate certificate of title, original tax documents, or original notarized deed, depending on the stage of registration and the rules of the office.

For court proceedings, certified copies of public documents may generally be used as evidence, subject to the Rules of Court and the court’s appreciation.

For registration of land transactions, the Registry of Deeds may have specific requirements. A certified copy may not always substitute for an original registrable instrument if the transaction has not yet been registered.

XXI. Checklist Before Going to the Office

Before requesting a certified copy, prepare the following:

valid ID;
authorization letter or special power of attorney, if applicable;
photocopy or photo of the Deed of Donation, if available;
names of donor and donee;
title number or tax declaration number;
property location;
notary public’s name;
document number, page number, book number, and series year;
date of notarization;
purpose of request;
payment for certification and copy fees.

For representatives, government offices may require the principal’s valid ID, representative’s valid ID, and signed authorization.

XXII. Which Office Should You Try First?

The best office depends on the facts:

If the property is titled land

Go first to the Registry of Deeds where the land is located.

If the deed was notarized but not registered

Go first to the notary public or the Office of the Clerk of Court.

If the property is untitled but tax-declared

Check the notary, Clerk of Court, assessor, and treasurer.

If the donation was processed for taxes

Check the BIR Revenue District Office that handled the donor’s tax or CAR processing.

If the deed was used in litigation

Check the court where the case was filed.

If the donation involved a motor vehicle

Check the notary or Clerk of Court, and then the LTO records if registration was transferred.

If the donation involved shares of stock

Check the notary or Clerk of Court, and then the corporation’s corporate secretary, stock and transfer book, or transfer agent.

XXIII. Legal Importance of the Certified Copy

A certified copy of a Deed of Donation may help establish:

the existence of the donation;
the identity of the donor and donee;
description of the property donated;
acceptance by the donee;
date of execution;
notarization;
conditions imposed;
tax and registration history;
basis for transfer of title or tax declaration;
evidence in court or administrative proceedings.

However, possession of a certified copy does not automatically mean the donation is valid, enforceable, tax-compliant, or fully registered. The deed must still satisfy legal requirements, and the transaction must be examined in light of the Civil Code, tax laws, land registration rules, and the specific facts.

XXIV. Conclusion

In the Philippines, a certified copy of a Deed of Donation may be obtained from several possible sources. For donations of registered land, the Registry of Deeds is usually the most important office. For notarized documents, the notary public or the Office of the Clerk of Court may have the notarial record. For tax and property assessment matters, the BIR, Treasurer’s Office, and Assessor’s Office may also have copies or related records. If the deed was involved in litigation, the court may have a certified copy in the case records.

The correct office depends on whether the deed was notarized, registered, taxed, filed, or used in official proceedings. Anyone requesting a certified copy should gather as many details as possible, especially the notarial information, title number, property location, names of the parties, and date of execution.

Because a Deed of Donation can affect ownership, inheritance, taxes, and third-party rights, obtaining a certified copy is only the first step. The document should also be reviewed for validity, acceptance, registration, tax compliance, and any conditions or defects that may affect its legal effect.