Real property gifts
Gift residential lots, agricultural land, condominium units, or commercial property to a Philippine-based child, sibling, or relative — with title transfer through the Registry of Deeds after BIR clearance.
Property transfer to family
Deed of Donation Apostille for the Philippines
Gift real property, shares, or other assets to a family member in the Philippines — the Deed of Donation must be notarized and apostilled abroad if the donor is in the U.S., then filed with BIR for donor’s tax clearance and the Registry of Deeds for title transfer.
- BIR donor’s-tax filings & clearance
- Registry of Deeds title transfer to donee
- Real property, shares & family gifts
A Deed of Donation is a notarized instrument transferring property from a donor to a donee as a gift — most often real property, condominium units, agricultural land, or shares to a child or close relative in the Philippines. The U.S.-based donor signs in front of a California notary (acknowledgment), and the California Secretary of State issues the apostille so BIR and the Registry of Deeds accept it.
What this page covers
Deed of Donation Apostille, end to end.
A Deed of Donation is used in the Philippines to formally gift property — most often parents giving land or a condo to a child, siblings sharing inherited property, or U.S.-based Filipinos passing real estate to family back home. The deed must be notarized and, if the donor signs abroad, apostilled before it can be filed with the Bureau of Internal Revenue for donor’s tax clearance and with the Registry of Deeds for title transfer. We confirm the wording matches the version prepared by your Philippine lawyer, notarize in a single mobile visit, and apostille through California.
Common reasons people need this
When a Deed of Donation apostille is required.
BIR donor’s-tax filing
The BIR requires a notarized and apostilled Deed of Donation to assess and clear donor’s tax — a prerequisite for any title transfer or formal recognition of the gift.
Family transfer planning
Common for parents transferring assets to adult children during their lifetime, U.S.-based Filipinos passing property to siblings or nieces and nephews, or formalizing long-standing informal family arrangements.
Shares & other assets
Used for transferring corporate shares, vehicles, agricultural improvements, or other non-cash assets to a family member or qualified donee in the Philippines.
How it works
Three steps from photo to apostille.
Get the deed draft from your PH lawyer
Your Philippine attorney or notary prepares the Deed of Donation listing donor, donee, property description (lot, TCT/CCT number, area, location), and any conditions. Send us a copy before you sign anything.
California notarization of the donor
The donor meets us in Los Angeles, Orange, or Ventura County, presents valid government photo ID, and signs the deed in front of the notary, who applies the correct California acknowledgment.
Apostille & ship to the Philippines
We submit the notarized deed to the California Secretary of State for apostille, then ship it via tracked international courier to your Philippine lawyer or family for BIR donor’s-tax filing and Registry of Deeds title transfer.
What will and won't be accepted
Accepted & rejected Deed of Donation copies.
Will be accepted
- Drafted Deed of Donation prepared by a Philippine attorney or notary
- Donor present with current government-issued photo ID
- California acknowledgment block (deeds of donation typically use acknowledgment)
- Full legal names of donor and donee matching their IDs
- Specific property description: TCT/CCT number, lot, area, address, technical description
- Acceptance by the donee (Philippine law requires the donee to accept the donation — sometimes in the same deed, sometimes in a separate acceptance instrument)
Will be rejected
- Pre-signed deeds — donor must sign in front of the California notary
- Deeds missing the donee’s acceptance (the donation is not legally complete without it)
- Vague property descriptions that don’t match the title on file at the Registry of Deeds
- Photocopies of the signed deed — apostille goes on the original notarized instrument
- Expired or invalid IDs
Realistic timelines
Deed of Donation apostille processing time.
California Deed of Donations
- Same-day mobile notarization in Los Angeles County
- California Secretary of State apostille: typically 2–5 business days
- Total California turnaround: usually within one week of receiving the final draft
Other U.S. states
- Donors in other U.S. states must notarize and apostille through that state
- International courier to the Philippines typically adds 5–10 business days
- BIR donor’s-tax assessment and Registry of Deeds title transfer happen separately and take additional time
Before you contact us
Have these ready for a clear apostille plan.
Deed of Donation apostille checklist
- Final Deed of Donation draft prepared by a Philippine lawyer
- Full legal names of donor and donee
- Complete property description (TCT/CCT number, lot, area, address, technical description)
- Donee’s acceptance included (or separate acceptance instrument prepared)
- Current government-issued photo ID for the donor
- Return shipping address (typically your PH lawyer or family handling the BIR filing)
Good to know
- Philippine law requires the donee to accept the donation. If acceptance is not in the same deed, a separate Acceptance of Donation must be executed by the donee in the Philippines.
- Donor’s tax in the Philippines is paid by the donor (not the donee) within 30 days of donation — plan the apostille and shipment timing accordingly.
- If the donor is married, the spouse’s consent is usually required for donations of conjugal or community property. Both spouses can sign in front of the California notary in the same visit.
- Once apostilled, the deed does not need to go through the Philippine Consulate. The apostille replaced the red ribbon for Philippine use in 2019.
Deed of Donation Apostille FAQ
Frequently asked questions.
Does the donee in the Philippines need to sign too?
Yes — Philippine law requires the donee to formally accept the donation for it to be legally complete. The acceptance can be in the same deed (if the donee signs in the Philippines) or in a separate Acceptance of Donation. If the donee is also in the U.S., they can sign at the same California notarization visit.
What is donor’s tax and who pays it?
Donor’s tax is a Philippine BIR tax on gifts, payable by the donor (not the donee) within 30 days of the donation date. The rate is currently a flat 6% on the value of the gift exceeding the annual exemption. Your Philippine lawyer or accountant files the donor’s tax return after the deed is apostilled.
Can both spouses sign the deed if the property is community property?
Yes — and they usually must. For donations of conjugal or absolute community property, both spouses’ consent is required under Philippine law. We can notarize both spouses’ signatures in the same mobile visit — each presents their own valid photo ID.
Is a deed of donation different from a sale or inheritance?
Yes. A donation is a gratuitous transfer (no consideration paid), a sale is a transfer for value, and inheritance is a transfer upon death. Each has different BIR tax treatment and different documentation. Confirm with your PH lawyer which instrument fits your situation before drafting.
Can the deed describe multiple properties at once?
Yes — a single Deed of Donation can transfer multiple properties to the same donee, as long as each property is described with its TCT/CCT number, lot number, area, and technical description. BIR computes donor’s tax on the combined value of all donated properties.
Does the apostille translate the deed into Filipino?
No. The apostille only certifies the California notary’s signature and seal — it does not translate or change the document. Deeds of Donation for the Philippines are accepted in English, so translation is rarely needed.
Other Philippine documents