Ong v. Ong

Facts:

On February 25, 1976, Imelda Ong, for and in consideration of P1.00 and other valuable considerations, executed a quitclaim over a parcel of land in Makati in favor of Sandra Maruzzo, then a minor. On November 19, 1980, Imelda revoked the quitclaim and donated the property to her son Rex. On June 20, 1983, Sandra, through her guardial ad litem Alfredo Ong, filed an action to recover the land and to declare the donation to Rex null and void. In their responsive pleading, petitioners claimed that the quitclaim is equivalent to a donation which requires acceptance by the donee, and since Sandra was a minor, there was no valid acceptance. The trial court ruled that the quitclaim is equivalent to a sale. The Intermediate Appellate Court affirmed the decision.

Issue:

Whether the quitclaim is equivalent to a deed of sale or to a deed of donation

Held:

The execution of a deed purporting to convey ownership of a realty is in itself prima facie evidence of the existence of a valuable consideration, the party alleging lack of consideration has the burden of proving such allegation. Even granting that the Quitclaim deed in question is a donation, Article 741 of the Civil Code provides that the requirement of the acceptance of the donation in favor of minor by parents of legal representatives applies only to onerous and conditional donations where the donation may have to assume certain charges or burdens. Donation to an incapacitated donee does not need the acceptance by the lawful representative if said donation does not contain any condition. In simple and pure donation, the formal acceptance is not important for the donor requires no right to be protected and the donee neither undertakes to do anything nor assumes any obligation. The Quitclaim now in question does not impose any condition.