Quijada vs.

Court of Appeals
G.R. No. 126444. December 4, 1998.
MARTINEZ, J.

FACTS
Petitioners are the children of the late Trinidad Quijada. Trinidad and her siblings executed a deed of donation of a
two-hectare lot in favor of the Municipality of Talacogon (Agusan del Sur), exclusively for the purpose of constructing
the proposed provincial high school. However, possession remained with Trinidad. She subsequently sold the two
hectares on two separate occasions to Regalado Mondejar, who sold it to different persons. Eventually, the
Municipality, failing to construct the high school, reverted ownership to the donors. Petitioners filed an action for
quieting of title and recovery of possession and ownership. RTC ruled in favor of petitioners, but CA reversed.

ISSUE: Whether or not the sale of the property by Petitioner to Respondent is null and void

RULING:

The sale of the property is valid. The appeal is dismissed

Rule: It has been ruled that when a person donates land to another on the condition that the latter would build upon
the land a school, the condition imposed is not a condition precedent or a suspensive condition but a resolutory one.
The donor may have an inchoate interest in the donated property during the time that ownership of the land has not
reverted to her. Such inchoate interest may be the subject of contracts including a contract of sale.

Application: When Trinidad sold the parcels of land to Mondejar, she was not the owner of the land. Petitioners also
did not sleep on their rights to recover the possession and ownership over the property since they immediately filed
the action when the municipality passed the resolution, reverting the ownership of land to the donors. However, a
sale being a consensual contract, it can be perfected upon meeting of the minds, and completing the three essential
elements of a valid contract of sale. Even when Trinidad was not the owner when the sale was perfected, tradition
through delivery is only important upon the consummation stage. Such transfer of ownership through actual or
constructive delivery only happened when the lands reverted back to petitioners. Art 1434 is applicable, stating that
seller's "title passes by operation if law to the buyer," and therefore making the sale valid. The donated lots cannot
be considered outside the commerce of man, since nowhere in the law states that properties owned by municipality
would be as such.