Letter to an Attorney

[Letter Sender’s Descriptor]

Dear Attorney,

I am writing to seek your advice regarding a specific concern about the execution of a Deed of Donation involving the donation of property from a government agency to a beneficiary.

In particular, I am uncertain about the role of witnesses in the signing of such an instrument. While it is clear that the witnesses are required to sign on the designated page for attestation, I would like to know whether it is also mandatory for them to sign on every other page of the document.

Your guidance on the legal standards and best practices for the proper execution of this type of Deed of Donation, including compliance with Philippine laws and regulations, would be greatly appreciated.

Sincerely,
[Letter Sender’s Descriptor]

Legal Analysis: Witnesses’ Signatures on Deeds of Donation of Property by Government Agencies in the Philippines

Overview of Deeds of Donation

A Deed of Donation is a legal document through which the donor voluntarily transfers property ownership to the donee without monetary consideration. In the Philippines, the Civil Code and other related laws govern the creation, execution, and formalities of donation instruments.

When the donation involves immovable property, Article 749 of the Civil Code stipulates that the donation must be made in a public instrument to be legally binding. This provision ensures that the transaction is formalized, transparent, and legally documented.

Key Formalities for Deeds of Donation

Public Instrument Requirement
Article 749 states that a donation of immovable property must be executed in a public instrument. The document must be notarized, ensuring its authenticity and legal validity.
Acceptance by the Donee
The donee must accept the donation. This acceptance must be included in the public instrument or in a separate public instrument notified to the donor. Failure to fulfill this requirement renders the donation void.
Witnesses
Witnesses are required in notarized documents to attest to the execution of the Deed of Donation. Their signatures certify that the parties voluntarily signed the document in their presence and are competent to perform the act.

Witnesses’ Role in a Deed of Donation

The involvement of witnesses in executing a Deed of Donation is governed by both notarial law and best practices. Here are the key points related to witness signatures:

Signatures on the Attestation Page
Witnesses are generally required to sign on the attestation page to confirm that they were present when the parties signed the Deed of Donation. This page is typically located near the end of the instrument.
Signatures on Every Page
While not explicitly required by law, best practices in notarial execution suggest that witnesses may sign every page of the Deed of Donation. This measure minimizes the risk of fraud, such as unauthorized alterations or insertions into the document. Moreover, requiring signatures on every page can serve as a precautionary measure to establish the integrity of the instrument.

However, it is important to note that such a requirement is not universally mandated and depends on:
- The policies of the government agency involved in the donation.
- The preferences of the notary public facilitating the notarization.
Legal Basis for Multiple Signatures
Notarial rules in the Philippines under the 2004 Rules on Notarial Practice emphasize the importance of ensuring that all parties and witnesses acknowledge the entire content of the document. This acknowledgment is evidenced by affixing their signatures.
Specificity for Government-Involved Donations
Donations involving government agencies must comply with additional protocols under relevant laws, including:
- Procurement laws to ensure the donation process adheres to public accountability standards.
- Notarization requirements as defined by the Government Procurement Policy Board or other overseeing agencies.
These provisions aim to promote transparency and public trust in the transaction.

Practical Considerations

Document Authenticity
Signing every page adds an extra layer of security and authenticity. In cases of disputes or fraud allegations, the presence of multiple signatures can strengthen the document's evidentiary weight.
Customary Practices
Many notaries public, as part of their customary practice, require witnesses and parties to sign on every page to avoid legal complications. This approach is particularly advisable for lengthy or high-value instruments such as those involving immovable property.
Court Recognition
Courts often favor notarized documents with full compliance with notarial rules and best practices. The absence of multiple signatures by witnesses could be used as a technical argument to question the document's integrity, especially in contentious cases.

Conclusion and Recommendations

To ensure compliance with Philippine laws and avoid any challenges to the validity of a Deed of Donation involving government property, it is recommended that:

Witnesses sign on every page of the document, not just the attestation page. This measure enhances the document's integrity and evidentiary value.
The donation must adhere strictly to the requirements of Article 749 of the Civil Code, including execution in a public instrument and proper acknowledgment by the donee.
The donation process should comply with government policies and regulations on property disposition and transparency.
Engage the services of a competent notary public who can guide the parties in meeting all legal formalities.

By following these guidelines, both the donor (government agency) and the donee can ensure the validity and enforceability of the Deed of Donation. While not strictly required, obtaining multiple signatures from witnesses is a best practice that significantly mitigates potential legal risks.

For further clarification or assistance, consulting a qualified attorney is highly advisable.