CHAPTER 10 The heirs of Wilson are correct The donation is perfected from the moment the donor knows of the acceptance by the donee Considering that the donor was no longer of sound mind when the letter of acceptance reached him, the acceptance was equivalent to non-acceptance Hence, there was no valid donation to speak of The heirs therefore of Wilson was correct in refusing to deliver the property to Manuel Yes The property donated is a personal property Since the amount is more than P5,000 both the donation and the acceptance must be made is writing Considering that neither the donation nor the acceptance were reduced in a private document, the donation is not valid Hence, the donor can validly recover the watch from the donee Dondon is entitled to the car because the donation cannot produce any effect whatsoever The information given by Jamal in the phone that he is accepting the donation did not produce legal effect because in a donation of personal property with a value of more than P5,000, the acceptance must necessarily be in writing This is not true in the instant case because Dondon did not receive the letter accepting the donation when he was still alive The donation is not valid To comply with the formal requisites for validity of a donation of real property, both the donation and the acceptance must be in writing Non-compliance with this requisite makes the donation void Yes because the donation has been validly made It is presumed that the donation has complied with all the requisites of a valid marriage Thus, revocation of the donation after it has been perfected cannot be done unilaterally by the stockholders The donation has been validly made because the foetus had already acquired juridical personality Moreover, it was duly accepted by a person who would legally represent him the moment he is born Thus, the donation cannot be validly revoked If Derick is relieved of his liability after rendering services to Rudy, his creditor, the amount of P50,000 is considered compensation income However, if Rudy declared that he is relieved of his obligation even without rendering any service, the same is considered as a taxable gift and not taxable income No the rule is: If the renunciation of inheritance is given by one heir to another heir, there is no donation Therefore, it is not subject to donor’s tax However, if the renunciation of inheritance is given by one heir to another person not his co-heir, then there is a donation which is subject to donor’s tax Therefore, if the renunciation of inheritance is given to Alladin, a person not a co-heir to the estate, there would be a donation which is subject to donors tax Every payment of insurance premium by Shaolo to the insurer constitutes donation made by him to Orsino This is so because Shaolo did not retain any power to revest in himself or his estate the economic benefits of the insurance 10 The donation is taxable Political contributions are exempt only from gift tax if duly reported to the Commissions on Elections in the Statement of Contributions and Expenditures of the candidate 11 The P30,000 given to Bayani is a remuneratory donation It does not constitute demandable debt It is not also based on liberality but only a debt arising out of gratitude Thus, it is an income subject to tax 12 13 a The Christmas gift of P200,000 given by Imelda to her parents is taxable up to P100,000 because under the law, net gifts not exceeding P100,000 are exempt b The donation of P180,000 to the parish church even assuming that it is exclusively for religious purposes is not tax-exempt because the exemption granted in the Constitution applies only to donations which are to be actually, directly, and exclusively for educational purposes The exemption granted under the Constitution are exemption from property taxes c The donation to the NCBA – QC Alumni Association does not also qualify for exemption because it is not an educational institution a Valid It does not matter whether the representative can or cannot read and write What is important is that she is not disqualified to enter into a contract b Valid Donation to an unborn child is valid if acceptance is made by persons who would legally represent them if they were already born c Not valid Donation of personal properties exceeding P5,000 must be reduced in writing Otherwise, it is not valid d The donation does not produce legal effects If the amount donated exceeds P5,000, it is important that the donation as well as its acceptance must be in writing e Not valid Donation of real properties must be in a public instrument 14 No The value of the right to avail of the privileges attendant to the Calabar Golf Club, Inc membership certificate on account of Mr Johnson’s merits or services as a computer consultant is a fringe benefit taxable to the employer 15 On the October 31 donation, only one donor’s tax return would be accomplished and filed because there is only one donor This is despite the fact that there are several donees because all the donations given during that date will be combined in one tax return Two donor’s tax returns will be filed One for the husband and another for Glo because there are two donors in this case 16 a No The forgiveness of indebtedness constitutes taxable income to the debtor because the cancellation of the debt was due to the services rendered by the debtor to the creditor b No Since the renunciation is made in favor of a co-heir, its became retroactive from the moment of death of the decedent Thus, the renounced share had accrued o the properties of his co-heirs c Yes The donation is not the amount of proceeds to be received by the beneficiary but the amount of premiums paid to the insurer d No The donation is void Therefore, it is not subject to donor’s tax e No Donation of two-thirds of the entire property of the husband is not a moderate gift Therefore, it is void Consequently, it is not subject to donor’s tax f No, because the donation was reported to the Commission on elections 17 The donation of a two-hectare lot is valid because Kumander Todo Juego was still alive at the time of the donation notwithstanding the belief of the people that he was already dead Although he did not personally accept the donation, his wife had a special power of attorney, which was already a sufficient authority to validly accept the donation If it was true that the dead man was Kumander Todo Juego, the donation is not valid because donation to a dead person does not produce any effect whatsoever PROBLEM 10 – Car Jewelry Land Shares of stocks – Ramirez Corp (1.05 + 1.03)/2 x 5,000 Shares of stocks – Curameng Corp (4,000 x 2.25) Receivables and interest (25,000 + 3,000) House and lot (440,000 +1,500,000) Interest in partnership Gross gift P 350,000 85,000 625,000 5,200 9,000 28,000 1,940,000 790,000 3,832,200 ... true that the dead man was Kumander Todo Juego, the donation is not valid because donation to a dead person does not produce any effect whatsoever PROBLEM 10 – Car Jewelry Land Shares of stocks... elections 17 The donation of a two-hectare lot is valid because Kumander Todo Juego was still alive at the time of the donation notwithstanding the belief of the people that he was already dead Although...12 13 a The Christmas gift of P200,000 given by Imelda to her parents is taxable up to P100,000 because under the law, net gifts not exceeding P100,000 are exempt b The donation of P180,000