Is a Deed of Donation to Illegitimate Children Valid in the Philippines?

Q: Can a married person donate property to illegitimate children in the Philippines?

A: Yes, but only if the property is exclusive (not conjugal), the donation doesn’t impair the legitime of other compulsory heirs, and proper legal formalities are followed.

Understanding the Validity of a Deed of Donation Involving Illegitimate Children in the Philippines

In Philippine law, illegitimate children have recognized rights, especially when it comes to inheritance and property transfers. One common scenario that raises legal questions is the Deed of Donation—a document that allows someone to give property to another person without compensation.

So, can a parent legally donate property to their illegitimate children? What if that parent is married? Let’s break it down.

What Is a Deed of Donation?

A Deed of Donation is a legal document used to voluntarily transfer ownership of property without payment. This can happen during the donor’s lifetime (inter vivos) or be set to take effect upon death (mortis causa), similar to a last will.

Who Are Illegitimate Children Under Philippine Law?

Illegitimate children are those born outside of a valid marriage—for example, from a relationship where the parents were not legally married. Under the Family Code of the Philippines, they are compulsory heirs, meaning they are entitled to inherit a portion of their parent’s estate by law.

Can a Donor Legally Donate Property to Illegitimate Children?

Yes, but there are strict legal guidelines.

✅ A donation to an illegitimate child is valid if:

1. The property is exclusive (not conjugal)

   • If the donor owns the property solely, they can donate it freely as long as it does not violate inheritance laws.

2. It respects the legitime of compulsory heirs

   • The legitime is the minimum share of inheritance reserved for legal heirs. Illegitimate children are entitled to ½ the share of a legitimate child.

3. It follows proper legal formalities

   1. The donation must be in writing, notarized, and accepted by the donee (the recipient), either personally or through a legal representative.

   
   

❌ A donation is invalid or void if:

1. The property is conjugal/community property and the spouse didn’t consent

   • According to Article 87 of the Family Code, one spouse cannot donate conjugal property without the other’s written consent.

2. It infringes on the legitime of other heirs

   • If the donation affects the legal share of a legitimate child or spouse, it may be reduced or declared unenforceable.

3. It fails legal formalities

   • A donation that’s not notarized, improperly signed, or not accepted by the donee has no legal effect.

     
     

Legal Basis

• Family Code of the Philippines (Articles 887, 895, 906, and 87)

• Civil Code of the Philippines (on Succession and Property)

• Rules of Court (Probate and settlement proceedings)

  
  

Real-World Example

Let’s say Juan, a married man, donates a piece of land to his illegitimate child. If the land is part of the conjugal property and Juan’s wife didn’t sign the deed, the donation is void. If the land is Juan’s exclusive property and the donation doesn’t interfere with his spouse or legitimate children's legitime, then the donation can be valid, as long as it follows the correct legal process.

Final Thoughts

In the Philippines, donating property to illegitimate children is legal, but it must be done carefully and within legal bounds. If you’re a donor, make sure you understand:

• Whether the property is exclusive or conjugal;

• Who your compulsory heirs are;

• What portion of your estate you can legally donate.

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If you’re a donee (recipient), be aware that a donation can be questioned if it breaks these rules.

Source: Ziggurat Real Estate