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    PARKS V TARLAC

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    Dan Marco Griarte
    Cirer and Hill donated land to the municipality of Tarlac in 1910 with conditions that a school and park be built within six months. The municipality accepted the donation and registered the land in its name. In 1921, Cirer and Hill sold the land to Parks. In 1923, the municipality transferred the land to the Province of Tarlac. Parks sued, arguing the conditions were not met. The court ruled that the conditions could not be complied with until after the donation took effect, so they were not precedent conditions that would invalidate the donation.

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    PARKS V TARLAC

    Uploaded by

    Dan Marco Griarte
    43 views1 page
    Cirer and Hill donated land to the municipality of Tarlac in 1910 with conditions that a school and park be built within six months. The municipality accepted the donation and registered the land in its name. In 1921, Cirer and Hill sold the land to Parks. In 1923, the municipality transferred the land to the Province of Tarlac. Parks sued, arguing the conditions were not met. The court ruled that the conditions could not be complied with until after the donation took effect, so they were not precedent conditions that would invalidate the donation.

    Original Title

    PARKS v TARLAC

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    Cirer and Hill donated land to the municipality of Tarlac in 1910 with conditions that a school and park be built within six months. The municipality accepted the donation and registered the land in its name. In 1921, Cirer and Hill sold the land to Parks. In 1923, the municipality transferred the land to the Province of Tarlac. Parks sued, arguing the conditions were not met. The court ruled that the conditions could not be complied with until after the donation took effect, so they were not precedent conditions that would invalidate the donation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views1 page

    PARKS V TARLAC

    Uploaded by

    Dan Marco Griarte
    Cirer and Hill donated land to the municipality of Tarlac in 1910 with conditions that a school and park be built within six months. The municipality accepted the donation and registered the land in its name. In 1921, Cirer and Hill sold the land to Parks. In 1923, the municipality transferred the land to the Province of Tarlac. Parks sued, arguing the conditions were not met. The court ruled that the conditions could not be complied with until after the donation took effect, so they were not precedent conditions that would invalidate the donation.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    PARKS v.

    TARLAC

     1910 - Cirer and Hill are owners of a parcel of land which they perpetually donated to the
    municipality of Tarlac under certain conditions.
     The donation was accepted by Mr. Santiago de Jesus in the same document on behalf of the
    municipal council of Tarlac of which he was the municipal president.
     The parcel thus donated was later registered in the name of the donee, the municipality of
    Tarlac.
     1921 - Concepcion Cirer and James Hill sold this parcel to the herein plaintiff George L.
    Parks. On August 24,
     1923, the municipality of Tarlac transferred the parcel to the Province of Tarlac which, by
    reason of this transfer, applied for and obtained the registration thereof in its name, the
    corresponding certificate of title having been issued to it.
     But the appellant contends that a condition precedent having been imposed in the donation
    and the same not having been complied with, the donation never became effective.
     The appellant refers to the condition imposed that one of the parcels donated was to be used
    absolutely and exclusively for the erection of a central school and the other for a public park,
    the work to commence in both cases within the period of six months from the date of the
    ratification by the partes of the document evidencing the donation.
     Parks, alleging that the conditions of the donation had not been complied with and invoking
    the sale of this parcel of land made by Concepcion Cirer and James Hill in his favor and
    wanted to be declared as the absolute owner entitled to the possession of this parcel, that
    the transfer of the same by the municipality of Tarlac to the Province of Tarlac be annulled,
    and the transfer certificate issued to the Province of Tarlac cancelled.

    RULING

     It is true that it has not been complied with.The characteristic of a condition precedent is that
    the acquisition of the right is not effected while said condition is not complied with or is not
    deemed complied with. Meanwhile nothing is acquired and there is only an expectancy of
    right.
     when a condition is imposed, the compliance of which cannot be effected except when the
    right is deemed acquired, such condition cannot be a condition precedent.
     In the present case the condition that a public school be erected and a public park made of
    the donated land, work on the same to commence within six months from the date of the
    ratification of the donation by the parties, could not be complied with except after giving
    effect to the donation. The donee could not do any work on the donated land if the donation
    had not really been effected, because it would be an invasion of another's title, for the land
    would have continued to belong to the donor so long as the condition imposed was not
    complied with.

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