Central Philippine University v. CA - DIGEST

OBLICON
2nd semester, A.Y.

2014-2015
Central Philippine University v. Court of Appeals

G.R. No.: 112127
Ponente: Bellosillo
Date: July 17, 1995
Petitioner: Central Philippine University (CPU)
Respondent: Court of Appeals, Remedios Franco, Francisco Lopez, Cecilia Vda. De Lopez, Redan Lopez and Remarene Lopez
FACTS:
1. Don Ramon Lopez, member of the Board of Trustees of CPU, executed a deed of donation in favor of the latter of a parcel
of land with the following annotations:
1. The land described shall be utilized by the CPU exclusively for the establishment and use of a medical college
with all its buildings as part of the curriculum;
2. The said college shall not sell, transfer or convey to any third party nor in any way encumber said land;
3. The said land shall be called "RAMON LOPEZ CAMPUS", and the said college shall be under obligation to
erect a cornerstone bearing that name. Any net income from the land or any of its parks shall be put in a fund to
be known as the "RAMON LOPEZ CAMPUS FUND" to be used for improvements of said campus and erection of
a building thereon.
2. In 1989, private respondents, heirs of Don Ramon Lopez, filed an action for annulment of the donation, reconveyance and
damages against CPU alleging that since 1939 (50 years!!!) CPU had not complied with the conditions of the donation. Even alleged
that petitioner negotiated with NHA to exchange the donated property with another land.
3. RTC Iloilo: Petitioner failed to comply with conditions of the donation and declared it null and void. Directed to execute a deed of
the reconveyance of the property
4. CA: REVERSED and remanded the case to the court of origin for the determination of the time within which the petitioner should
comply.
ISSUE1: WON petitioner failed to comply the resolutely conditions annotated at the back of petitioners certificate of title without a
fixed period when to comply with such conditions.-- YES
HELD/RATIO1:
The deed of donation executed in the present cases is an ONEROUS, one executed for a valuable consideration which is
considered the equivalent of the donation itself, e.g., when a donation imposes a burden equivalent to the value of the donation.
Under Art. 1181, on CONDITIONAL OBLIGATIONS, the acquisition of rights as well the extinguishment or loss of those already
acquired shall depend upon the happening of the event which constitutes the condition. Thus, when a person donates land to
another on the condition that the latter would build upon the land a school is such a RESOLUTORY one. The donation had to be
valid before the fulfillment of the condition. If there was no fulfillment with the condition such as what obtains in the instant case, the
donation may be revoked & all rights which the donee may have acquired shall be deemed lost & extinguished.
Records are clear and facts are undisputed that since the execution of the deed of donation up to the time of filing of the instant
action, petitioner has failed to comply with its obligation as donee. Petitioner has slept on its obligation for an unreasonable length of
time. Hence, it is only just and equitable now to declare the subject donation already ineffective and, for all purposes, revoked so that
petitioner as donee should now return the donated property to the heirs of the donor, private respondents herein, by means of
reconveyance.
ISSUE2: WON there is a need to fix the period for compliance of the condition.NO.
Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee
OBLICON
2nd semester, A.Y.
2014-2015
General Rule: Art. 1197, when the obligation does not fix a period but from its nature & circumstance it can be inferred that the
period was intended, the court may fix the duration thereof because the fulfillment of the obligation itself cannot be demanded until
after the court has fixed the period for compliance therewith & such period has arrived
This general rule cannot be applied in this case considering the different set of circumstances existing more than a reasonable
period of 50yrs has already been allowed to petitioner to avail of the opportunity to comply but unfortunately, it failed to do so. Hence,
there is no need to fix a period when such procedure would be a mere technicality & formality & would serve no purpose than to
delay or load to unnecessary and expensive multiplication of suits.
Under Art. 1191, when one of the obligors cannot comply with what is incumbent upon him, the obligee may seek rescission before
the court unless there is just cause authorizing the fixing of a period. In the absence of any just cause for the court to determine the
period of compliance there is no more obstacle for the court to decree recission.
Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee

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OBLICON

2nd semester, A.Y.

Central Philippine University v. Court of Appeals

Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee

Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee

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