Thursday, September 8, 2016

CASE DIGEST: Alfonso Quijada vs CA, Regalado Mondejar G.R. No. 126444. December 4, 1998(299 SCRA 695) (Yellow Pad Digest)

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

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