Scribd Logo
Upload

Welcome to Scribd!

  • 189 views

    De Luna vs. Abrigo: 181 SCRA 150

    Uploaded by

    Jakie Cruz
    This case involves a petition for review of a lower court's dismissal of a complaint seeking cancellation of a donation of land. The donation was subject to conditions that a chapel, nursery, and kindergarten be built, and provided for automatic reversion of the land if the conditions were not met. The lower court treated the complaint as one for judicial revocation of the donation, which prescribes after four years. However, the Supreme Court ruled that an onerous donation is governed by contract rules. As the deed provided for automatic reversion, no judicial action was needed for revocation. The complaint was to enforce the contract terms, which prescribes after ten years. The lower court erred in applying the four-year prescription

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    De Luna vs. Abrigo: 181 SCRA 150

    Uploaded by

    Jakie Cruz
    189 views2 pages
    This case involves a petition for review of a lower court's dismissal of a complaint seeking cancellation of a donation of land. The donation was subject to conditions that a chapel, nursery, and kindergarten be built, and provided for automatic reversion of the land if the conditions were not met. The lower court treated the complaint as one for judicial revocation of the donation, which prescribes after four years. However, the Supreme Court ruled that an onerous donation is governed by contract rules. As the deed provided for automatic reversion, no judicial action was needed for revocation. The complaint was to enforce the contract terms, which prescribes after ten years. The lower court erred in applying the four-year prescription

    Original Title

    03

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a petition for review of a lower court's dismissal of a complaint seeking cancellation of a donation of land. The donation was subject to conditions that a chapel, nursery, and kindergarten be built, and provided for automatic reversion of the land if the conditions were not met. The lower court treated the complaint as one for judicial revocation of the donation, which prescribes after four years. However, the Supreme Court ruled that an onerous donation is governed by contract rules. As the deed provided for automatic reversion, no judicial action was needed for revocation. The complaint was to enforce the contract terms, which prescribes after ten years. The lower court erred in applying the four-year prescription

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    189 views2 pages

    De Luna vs. Abrigo: 181 SCRA 150

    Uploaded by

    Jakie Cruz
    This case involves a petition for review of a lower court's dismissal of a complaint seeking cancellation of a donation of land. The donation was subject to conditions that a chapel, nursery, and kindergarten be built, and provided for automatic reversion of the land if the conditions were not met. The lower court treated the complaint as one for judicial revocation of the donation, which prescribes after four years. However, the Supreme Court ruled that an onerous donation is governed by contract rules. As the deed provided for automatic reversion, no judicial action was needed for revocation. The complaint was to enforce the contract terms, which prescribes after ten years. The lower court erred in applying the four-year prescription

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    De Luna vs.

    Abrigo
    181 SCRA 150
    De Luna v. Abrigo 181 SCRA 15

    Doctrine:
    Article 733 of the Civil Code expressly provides that onerous donations are
    governed by the rules on contracts. While Article 764 provides that actions for the
    revocation of a donation must be brought within four (4) years from the non-compliance
    of the conditions of the donation, the provision does not apply to onerous contracts that
    provide for an automatic reversion clause. In this case, the Deed provides for the
    automatic reversion of the donated area in case of non-compliance with its conditions.
    This stipulation is valid as it is not contrary to law, moral, public order or policy

    This is a petition for review on certiorari under Rule 45 of the Order of respondent Judge
    Sofronio F. Abrigo, dismissing the complaint for the cancellation of the donation alleging
    that the terms and conditions of the donation were not complied with by the foundation.

    Prudencio de Luna donated a portion of his lot to the Luzonian University Foundation,
    Inc. (“Foundation”). According to its Deed, the donation was subject to the condition that
    the donee Foundation shall construct at its own expense a chapel, a nursery and
    kindergarten school, to be named after St. Veronica, and provided for the automatic
    reversion to the donor of the donated property in case of violation or non- compliance.
    Petitioners, who claim to be the children and only heirs of the late Prudencio de Luna
    filed a complaint alleging that the terms and conditions of the donation had not been
    complied with by the foundation. Among others, it prayed for the cancellation of the
    donation and the reversion of the donated land to the heirs. In its answer, the
    Foundation invoked the affirmative defense of prescription of action and prayed for the
    dismissal of the complaint.

    The RTC ruled in favor of the Foundation holding that the action was prescribed in 4
    years.

    Petitioners come before the Court arguing that the lower court erred in treating the
    complaint as one for judicial decree of revocation of the which admittedly prescribes in
    four (4) years. This is because the complaint must be deemed to be an action to enforce
    a written contract which prescribes in ten (10) years as provided in Article 1144.

    Issue: Is an onerous donation governed by the rules on prescription pertaining to


    contracts?

    Ruling:
    Yes, Article 733 of the Civil Code expressly provides that onerous donations are
    governed by the rules on contracts. While Article 764 provides that actions for the
    revocation of a donation must be brought within four (4) years from the non-compliance
    of the conditions of the donation, the provision does not apply to onerous contracts that
    provide for an automatic reversion clause. In this case, the Deed provides for the
    automatic reversion of the donated area in case of non-compliance with its conditions.
    This stipulation is valid as it is not contrary to law, moral, public order or policy (CIVIL
    CODE, Art. 1306).

    The validity of the stipulation in the contract providing for the automatic reversion
    of the donated property to the donor upon non-compliance cannot be doubted. It is in
    the nature of an agreement granting a party the right to rescind a contract unilaterally in
    case of breach, without need of going to court. Upon the happening of the resolutory
    condition of non-compliance with the conditions of the contract, the donation is
    automatically revoked without need of a judicial declaration to that effect

    The stipulation is in the character of a resolutory condition which cancels and


    rescinds the contract without need for judicial action. Where one of the parties contests
    or denies the rescission, judicial action is not for the purposes of rescinding the contract
    but for the purposes of determining whether the extrajudicial rescission had been
    proper. Thus, there is no need for judicial action for revocation under Article 764 in order
    to revoke the donation subject to this case. Being a written contract, the action to
    enforce its terms prescribes in 10 years as provided under Article 1144[1].

    You might also like