Ong vs. Ong (digest)

ONG vs. ONG GR No. L-67888 – October 8, 1985 Relova SUBJECT: When price is false; Artile 1354 FACTS:  In 1976, Imelda Ong, for and in consideration of 1php and other valuable considerations, executed in favor of private respondent Sanra Maruzzo, then a minor, a Quitclaim Deed whereby she transferred, released, assigned and quitclaimed to Sanra, her heirs and assigns, all her rights, title, interest, and participation in ½ undivided portion of the parcel of land.  In 1980, Imelda Ong revoked the aforesaid quitclaim and donated the whole property to her son, Rex Jimenez.  In 1983, Sandra, through her guardian ad litem Alfredo Ong, filed with the RTC an action against petitioners, for the recovery of ownership/possession and nullification of the Deed of Donation over the portion belonging to her.  The petitioners claimed that the Quitclaim Deed is null and void inasmuch as it is equivalent to a Deed of Donation, acceptance of which by the done is necessary to give its validity. Since Sandra is a minor, she had no legal personality and therefore incapable of accepting the donation. RTC: ruled in favor of respondent and held that the quitclaim deed equivalent to a deed of sale and, hence, there as a valid conveyance in favor of the latter. IAC: affirmed the RTC decision and held that the Quitclaim Deed is a conveyance of property with a valid cause or consideration. 

In 1985, respondent Sanra, through her guardian ad litem, filed an Omnibus Motion informing the SC that she had already reached the age of minority

ISSUE: HELD: Although the cause is not stated in the contract it is presumed that it is existing unless the debtor proves the contrary (Article 1354, CC). It is a legal presumption of sufficient cause or consideration supporting a contract even if such cause is not state therein (Article 1354, NCC). This presumption cannot be overcome by a simple assertion of lack of consideration especially when the contract itself states that consideration was given, and the same has been reduced into a public instrument with all due formalities and solemnities. To overcome the presumption of consideration the alleged lack of consideration must be shown by preponderance of evidence in a proper action. Under Article 1350 of the Civil Code, bad faith and inadequacy of the monetary consideration do not render a conveyance inexistent, for the assignor’s liberality may be sufficient cause for a valid contract. Whereas fraud or bad faith may render either rescissible or voidable contract, although valid until annulled, a contract concerning an object certain entered into with a cause and with the consent of the contracting parties.

The decision of the IAC is affirmed.