Beruflich Dokumente
Kultur Dokumente
HELD:
The Quitclaim Deed is equivalent to a deed of sale. A
careful perusal of the subject deed reveals that the
conveyance of the one- half () undivided portion of the
above-described property was for and in consideration of
the One (P 1.00) Peso and the other valuable
considerations (emphasis supplied) paid by private
respondent Sandra Maruzzo through her representative,
Alfredo Ong, to petitioner Imelda Ong. Stated
differently, the cause or consideration is not the One
(P1.00) Peso alone but also the other valuable
considerations.
FACTS:
On February 25, 1976, Imelda Ong for and in
consideration of One (1.00) Peso and other valuable
considerations, executed in favor of Sandra Maruzzo,
then a minor, a Quitclaim Deed whereby she transferred,
released, and assigned all her rights and title over a
parcel of land in Makati.
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Nisingit si Atty. Sarona
Q: SO that refers to what kind of presumption?
A: Disputable presumption.
Q: How can it be disputed?
A: If the debtor proves the contrary. (Article 1354)
Q: In the case was there proof that such consideration
did not exist?
A: None, maam
xx
. unless the debtor proves the contrary (Article 1354
of the Civil Code). One of the disputable presumptions is
that there is a sufficient cause of the contract. It is a legal
presumption of sufficient cause or consideration
supporting a contract even if such cause is not stated
therein (Article 1354, New Civil Code of the
Philippines.) 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.
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.
---In the case of Bagnas, aside from the fact that the
consideration was 1 peso and other services rendered,
there was really no evidence that the parties really
entered into a contract of sale. Here in Ong, there was no
proof shown that there was no intention and therefore
the presumption of existence of a consideration is
applicable.
Dito, no evidence was shown that the consideration
stated was not paid or that it was simulated and therefore
it is presumed to exist.
Also recall what we have discussed in Polytechnic.
Again, anong consideration dun? Cancellation of the
liabilities of the seller to the buyer.
HELD:
After a review of the evidence, SC found that there was
no agreement as to the price (based on the testimonies).
To settle the conflicting claims, petitioners could have
presented the contract of sale. However, it was not
presented in evidence. Petitioners aver that even if the
(unsigned) deed was not produced, Jose admitted
preparing said deed in accordance with their agreement.
VILLANUEVA VS. CA
267 SCRA 89
G.R. NO. 107624
JANUARY 28, 1997
FACTS:
Petitioner Gamaliel Villanueva has been a tenantoccupant of a unit in an apartment building erected on a
parcel of land owned by private respondents dela Cruz.
In 1986, Jose dela Cruz offered said land with the
apartment building for sale and petitioners (Gamaliel
and Irene) showed interest in the property.
As initial step, Jose gave Irene a letter of authority for
her to inspect the property. Since the property was in
arrears for payment of realty taxes, Jose approached
Irene and asked for a certain amount to pay for the taxes