*There is donation when:1. A person gives to another a thing or right on account of the latters merits or on account of the services rendered by him to the donor provided do not constitute a demandable debt.2. The thing given is less than the value of the thing given.3. It must be a donation of property and does not include a donation of personal service or donation of right to use property. DONATION INTER VIVOS- one made between living persons and which is perfected from the moment the donor knows of the acceptance of the donee.

*The fruits of the property from the time of the acceptance of the donation shall pertain to the donee, unless the donor provides otherwise.

DONATION MORTIS CAUSA- donations which are to take effect upon the death of the donor and partake of nature of testamentary provisions.Elements of Donation1. CONSENT- the donation is perfected only from the moment donor knows of the acceptance by the done. Acceptance should be made during the lifetime of the donor and donee.2. OBJECT- cannot comprehend future property.3. CAUSE4. FORMALITIES when donation of:a. Movable property- may be made orally and simultaneous deliveryb. Personal property more than Php5000- must be made in writing of both donation and acceptance.c. Immovable property- must be done through public document.Persons who are not allowed to make donation:1. Minors; but are allowed through parents or legal representatives2. Conceived and unborn; but are allowed through those who would legally represent them if they were already born3. Incapacitated persons (Donation is Void)