QUIJADA v.

COURT OF APPEALS

December 4, 1998 | Martinez, J. | Resolutory Condition or Condition Subsequent

PETITIONER: Heirs of Trinidad Quijada
RESPONDENT: Court of Appeals, Regalado Mondejar, Bautista, Goloran, Guden
SUMMARY: Trinidad Quijada, together with her siblings, executed a deed of donation over a 2-hectare parcel of land in favor
of the Municipality of Talacogon, on the condition that the land shall be used as part of the campus of the proposed provincial
high school. Subsequently, she sold the same land to Regalado Mondejar. The proposed provincial high school failing to
materialize, the Municipality of Talacogon reverted the ownership back to the donors. The Court held that the sale of the land
to Mondejar was valid.
DOCTRINE: When a person donates land to another on the condition that the latter would build upon the land a
school, the condition imposed is not a condition precedent but a resolutory one. // Ownership by the seller on the
thing sold at the time of perfection of the contract of sale is not an element for its perfection. What the law requires
is that the seller has the right to transfer ownership at the time the thing sold is delivered.

FACTS:

RATIO:

1.

1.

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9.

Trinidad Quijada was one of the heirs of Pedro Corvera

and inherited from him a 2-hectare parcel of land.
Trinidad, together with her siblings, executed a
conditional deed of donation of the land in favor of the
Municipality of Talacogon, Agusan del Sur.
Condition: that the parcel of land shall be used as part
of the campus of the proposed provincial high school.
Trinidad remained in possession of land despite
donation. She sold 1 hectare of land to Regalado
Mondejar, then subsequently sold the other hectare
verbally to Regalado Mondejar again, evidenced solely
by receipts of payment.
In 1980 when Trinidad died, the heirs of Quijada filed a
complaint for forcible entry but was dismissed.
In 1987, the proposed provincial high school having
failed to materialize, the Municipality of Talacogon
enacted a resolution reverting the 2 hectares of land
back to the donors.
Regalado Mondejar sold portions of the land to
Bautista, Goloran, and Guden.
Trial Court: in favor of Heirs of Quijada.
Court of Appeals: reversed.

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3.
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5.

ISSUE:
WON the sale of land to Mondejar was valid
YES, it was valid. Ownership by the seller on the
thing sold at the time of perfection of the contract of
sale is not an element for its perfection. What the
law requires is that the seller has the right to
transfer ownership at the time the thing sold is
delivered.
RULING:
Judgment of the Court of Appeals AFFIRMED.

6.
7.

The donation made by Trinidad and her siblings was

subject to the condition that the land be used for the
campus of the provincial high school. It was validly
imposed in the donation.
When the Municipalitys acceptance of the donation
was made known to the donor, the Municipality became
the new owner of the donated property. Ownership is
immediately transferred to the donee and that
ownership will only revert to the donor if the
resolutory condition is not fulfilled.
Therefore,
Trinidad could not have sold the lots.
When the non-fulfillment of the resolutory condition
was brought to the donors knowledge, the ownership
of the property reverted to the donor.
The donor may have an inchoate interest in the donated
property during the time that ownership of the land has
not reverted to her. Such inchoate interest may be the
subject of contracts including a contract of sale. In this
case however, what the donor sold was a land which
she no longer owns.
Be that as it may, one thing that militates against the
claim of the heirs is that the sale is perfected by mere
consent. Ownership by the seller on the thing sold at
the time of the perfection of the contract of sale is not
an element for its perfection what the law requires is
that the seller has the right to transfer ownership at the
time the thing sold is delivered.
A perfected contract of sale cannot be challenged on the
ground of non-ownership on the part of the seller at the
time of its perfection; hence, the sale is valid.
Consummation occurs upon the constructive or actual
delivery of the subject matter to the buyer when the
seller or her heirs subsequently acquires ownership
thereof. In this case, consummation happened when
the heirs of Quijada became the owners of the subject
property upon the reversion of the ownership of the
land to them. Consequently, ownership is transferred
to Mondejar and those who claim their right from.