Moreover,
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 (Article 726,
Civil Code). The acceptance by a legal guardian of a simple or pure
donation does not seem to be necessary (Perez vs. Calingo, CA-40 O.G.
53). Thus, Supreme Court ruled in Kapunan vs. Casilan and Court of
Appeals, (109 Phil. 889) that the 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.
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