Petitioner
Enrique M. Barretto
Respondent
The City of Manila
Citation
G.R. No. 4372
Court
Supreme Court En Banc
Division
En Banc
Ponente
Arellano, C.J.
Decided
March 27, 1908

Summary

This 1908 Supreme Court case involved a land donation made in 1885 by Enrique Barretto to Manila with conditions requiring the city to acquire adjoining land for a public square. After 18 years of non-compliance, the donor sued for nullification. The Supreme Court initially remanded the case for the lower court to fix a compliance period under Article 1128 of the Civil Code. When the lower court fixed September 30, 1907 as the deadline but later extended it to November 8, 1907, the donor appealed. The Supreme Court ruled that once a court fixes a period that becomes accepted by parties, it becomes contractual in nature and cannot be extended. The court established the important principle that court-fixed periods under Article 1128, once accepted, become res judicata and integral parts of the contract, distinguishing them from mere procedural deadlines that courts may extend.

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By the Intellegal Editorial Board · March 27, 1908

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