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Article 1181 Obi Digest
Article 1181 Obi Digest
RESOLUTORY CONDITION
1) JAVIER VS. COURT OF APPEALS AND
LEONARDO TIRO 183 SCRA 171 Art. 1181,
Suspensive Condition
Issue
Held
Art. 1461 of the Civil Code, the efficacy of the sale of DONATION
a mere hope or expectancy is deemed subject to the
condition that the thing will come into existence FACTS:
(1) In 1939, the late Don Ramon Lopez, Sr., who was
then a member of the Board of Trustees of the Central
Philippine College (now Central Philippine University
[CPU]), executed a deed of donation in favor of the
latter of a parcel of land identified as Lot No. 3174-B-1
of the subdivision plan Psd-1144, then a portion of Lot
No. 3174-B, for which Transfer Certificate of Title No.
T-3910-A was issued in the name of the donee CPU with
the following annotations copied from the deed of
donation
This donation was accepted and registered in the nameof The period of prescription of this class of action is
Municipality of Tarlac.5. 10years. The action for revocation of the donation arose
on April 19, 1911, 6 months after the ratification of the
Jan 15, 1921 - Cirer and Hill sold this parcel to instrument of donation. The complaint in this action was
GeorgeParks.6. presented July 5, 1924, more than 10 years after this
cause accrued.
Aug 24, 1923
the Municipality of Tarlac transferred the parcel to the RULING:
Province of Tarlac and had itregistered.7. Judgment of the lower court AFFIRMED