Petitioner
Socorro T. Clemente
Respondent
Republic of the Philippines (Department of Public Works
Citation
G.R. No. 220008
Court
Supreme Court
Division
Second Division
Ponente
Carpio, J.
Decided
February 20, 2019

Summary

The Clemente Siblings donated one hectare of land to the Republic in 1963 for hospital construction with the condition that it be used solely for hospital purposes. While construction began, only the foundation was completed and the project was abandoned. In 2003, DPWH informed the donors' heirs that there were no plans to build the hospital. Socorro Clemente filed for revocation of donation, reconveyance and recovery of possession. The RTC and CA dismissed the case on grounds of prematurity and lack of estate settlement. The Supreme Court reversed, holding that the donee failed to comply with the resolutory condition, that a co-heir can sue for the benefit of all co-heirs without estate settlement, and that the action was not barred by prescription since no compliance period was fixed. The Court ordered the property returned to the donors' heirs, establishing important precedents on conditional donations and co-ownership rights in property recovery actions.

Statutes applied

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By Intellegal Editorial Board · February 20, 2019

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