Alfonso Quijada vs CA, Regalado Mondejar (299 SCRA 695)
Facts:
·
Petitioners are heirs of the late Trinidad
Quijada. Trinidad inherited a 2 hectare land. April 5,1956, Trininad along with
her siblings, executed a DEED OF
DONATION in favor of the Municipality of Talacogon, with condition that the land shall be used
exclusively as part of the campus of the
PROPOSED Provincial High
School in Talacogon.
·
Despite the donation, Trininad still has
possession of the land and sold 1 hectare to Regalado. Subsequently, Trinidad
sold the remaining 1 hectare to Regalado but this time verbally, no Deed of Sale but it evidenced by
receipts of payment.
·
Regalado sold portions of the land to
respondents.
·
The Municipality was not able to finish the
school thus returning the ownership of the property to the donors.
·
July 5,1988. Petitioners (heirs) filed against
the respondents stating that their late mother did sell the property. If it was
true that she (Trinidad) sold the property, it would be null and void since it
was already donated to the Municipality thus the ownership is with the
Municipality.
·
RTC ruled in favor of the heirs, ruling that
Trinidad had no capacity to sell because the ownership of the land was already
with the Municipality. CA reversed.
Issue: W/ON the sale is valid
Held: Yes. When the property was donated to the
Municipality, the ownership was transferred to them but wait there’s more,
there was a condition. A RESOLUTORY
CONDITION, tho it was not stated in the condition on how long the condition
was, it was evident that the Municipality had intended to build the school.
Again, tho not stated how long, the Municipality still gave back the property
to the donors thus the ownership was transferred. Making the sale valid since
ownership was returned.
Source and Full Text: http://sc.judiciary.gov.ph/jurisprudence/1998/dec1998/126444.htm
Source and Full Text: http://sc.judiciary.gov.ph/jurisprudence/1998/dec1998/126444.htm
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