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    Sherwin Delfin Cinco
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    The agreement between Javier and Leonardo Tiro included a suspensive condition that Tiro's application for an additional forest concession area be approved. Since this approval was not obtained, the condition for transferring Javier's shares in Timberl wealth Corp was not fulfilled. As such, the Supreme Court held that the agreement was nullified because the suspensive condition stipulated in the contract did not occur. When a contract contains a suspensive condition and that condition is not met, the parties are released from their obligations as if the conditional agreement had never existed.

    Original Description:

    Javier vs. Court of Appeals and Leonardo Tiro 183 SCRA 171

    Original Title

    183 SCRA 171

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    The agreement between Javier and Leonardo Tiro included a suspensive condition that Tiro's application for an additional forest concession area be approved. Since this approval was not obtained, the condition for transferring Javier's shares in Timberl wealth Corp was not fulfilled. As such, the Supreme Court held that the agreement was nullified because the suspensive condition stipulated in the contract did not occur. When a contract contains a suspensive condition and that condition is not met, the parties are released from their obligations as if the conditional agreement had never existed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    64 views1 page

    183 Scra 171

    Uploaded by

    Sherwin Delfin Cinco
    The agreement between Javier and Leonardo Tiro included a suspensive condition that Tiro's application for an additional forest concession area be approved. Since this approval was not obtained, the condition for transferring Javier's shares in Timberl wealth Corp was not fulfilled. As such, the Supreme Court held that the agreement was nullified because the suspensive condition stipulated in the contract did not occur. When a contract contains a suspensive condition and that condition is not met, the parties are released from their obligations as if the conditional agreement had never existed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Javier vs.

    Court of Appeals and Leonardo Tiro 183 SCRA 171


    Art. 1181, Suspensive Condition

    Facts
    Petitioner and private respondent entered into an agreement into which Petitioner bound
    himself to transfer his rights(shares of stocks) on Timberl wealth Corp to private respondent
    That for and in consideration of the transfer of rights, Petitioner undertake to pay Private
    Respondent subject to the condition that the application of Private Respondent for
    anadditional area for forest concession be approved by Bureau of Forestry.
    Private Respondent did not obtain the approval

    Issue:
    W/N an agreement may be nullified for non-performance of the conditions stipulated therein

    Held
    When a contract is subject to a suspensive condition, its birth and effectivity can take place
    onlyif and when the event which constitutes the condition happens or is fulfilled. If the
    suspensive condition does not take place, the parties would stand as if the conditional
    obligation had never existed.
    Art. 1461 of the Civil Code, the efficacy of the sale of a mere hope or expectancy is
    deemedsubject to the condition that the thing will come into existence

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