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FACTS
August 23, 1930: sps. Eusebio de Castro and Martina Rieta, now both deceased,
executed a deed of donation in favor of Roman Catholic Archbishop (RCA) of Manila
covering a parcel of land at Kawit, Cavite containing an area of 964 sq. meters
Deed of donation donee shall not dispose or sell the property within a period of 100
years from the execution of the deed. Otherwise, a violation of this would make the
deed void and the property would revert to the estate of the donors.
On or about June 30, 1980: Roman Catholic Bishop of Imus, in whose administration
all properties within the province of Cavite owned by the Archdiocese of Manila was
allegedly transferred on April 26, 1962, executed a deed of absolute sale of the
property in favor of petitioners Florencio and Soledad Ignao in for P114,000.00.
December 17, 1984: Ignao spouses filed a motion to dismiss. On the grounds that:
(1) herein private respondents dont have legal capacity to sue; and (2) the
complaint states no cause of action.
December 19, 1984: Roman Catholic Bishop of Imus also filed a motion to dismiss
on three (3) grounds, the first two (2) grounds of which were identical to that of the
motion to dismiss filed by the Ignao spouses, and the third ground being that the
cause of action has prescribed.
-January 9, 1985, the RCA Manila likewise filed a motion to dismiss on the ground
that he is not a real party in interest and, therefore, the complaint does not state a
cause of action against him.
RTC: Dismissed: no cause of action; CA: REVERSED and remanded the case.
MFRs filed separately by the spouses Ignao and the RC Bishop of Imus were denied
ISSUES
HELD:
1. NO.
Provision in question: ARTICLE 764: "(t)his action shall prescribe after 4 years from
the non-compliance with the condition, may be transmitted to the heirs of the
donor, and may be exercised against the donee's heirs.
.
b.
2.
DISPOSITION:
Judgment of respondent court is SET ASIDE and another judgment is hereby rendered DISMISSING Civil
Case No. 095-84 of the RTC Cavite