QUIJADA vs.

COURT OF
APPEALS
G.R. No. 126444.December 4, 1998

MARA ANGELI E. CADIZ

BSA IV | T13-18891
 Are subject
matters owned
by the
government
beyond the
commerce of
men?
What happens
when theres a
subsequent
acquisition of
title by the
seller?
 Is it required
that the seller be
the owner of the
property at the
the perfection of
the contract?
FACT
S
QUIJADA VS. CA
G.R. NO. 126444. DECEMBER 4, 1998
SUBJECT
MATTER:
two-hectare (2)
parcel of land
situated in the
barrio of San
Agustin,
Talacogon,
Agusan del Sur
vs
THE PARTIES
PETITIONERS Heirs of
Corvera, Heirs of
late including
Trinida
Pedro Trinidad
d
Corvera Corvera -
Quijada Quijada

Regalado Fernando Bautista

Rodolfo Goloran
Mondeja
DEFENDANTS r
Efren Guden
Ernesto Goloran
CHRONOLOGY OF EVENTS

HEIRS OF PEDRO CORVERA executed a

195 conditional deed of donation for the land in favor
of the MUNICIPALITY OF TALACOGON
6
CONDITION IS

that the parcel of land shall be used solely and

exclusively as part of the campus of the proposed

provincial high school in Talacogon

 HEIRS OF PEDRO CORVERA executed a conditional deed of donation for
1956 the land in favor of the MUNICIPALITY OF TALACOGON

TRINIDAD CORVERA-QUIJADA sold one (1) hectare of the land

1962 to REGALADO MONDEJAR despite the donation

Trinidad verbally sold the remaining one (1) hectare to Mondejar

without the benefit of a written deed of sale and evidenced solely by
1962 receipts of payment

HEIRS OF TRINIDAD CORVERA-QUIJADA filed a complaint for

1980 forcible entry against Mondejar but dismissed.
 The SANGGUNIANG BAYAN OF TALACOGON enacted a resolution
1987 reverting the two (2) hectares of land donated back to the DONORS
(HEIRS OF PEDRO CORVERA).

MONDEJAR sold portions of the land to: FERNANDO

1987 BAUTISTA, RODOLFO GOLORAN, EFREN GUDEN, AND
ERNESTO GOLORAN

HEIRS OF QUIJADA alleged that their deceased mother never sold,

conveyed, transferred or disposed of the property for it still belongs to
1988 the Municipality of Talacogon; hence, the supposed SALE IS NULL
AND VOID.
ISSU
E
QUIJADA VS. CA
G.R. NO. 126444. DECEMBER 4, 1998
 Whether or
not the sale of
land between
Quijada and
Mondejar
valid?
HELD

QUIJADA VS. CA
G.R. NO. 126444. DECEMBER 4, 1998
 FAVORED THE PETITIONERS because:
Trinidad had no legal title to sell the land because by the time of
sale, Talacogon Municipality owns the land
TRIAL Deed of sale bet. the two did not carry the conformity and
COURT acquiescence of her children

FAVORED THE RESPONDENTS because:

Of the virtue of the automatic reversion of the clause in the
COURT OF deed of donation
APPEALS

AFFIRMED THE DECISION OF CA

SUPREME
COURT
What are
elements
of valid
sale?
 Sale, being a consensual
contract, is perfected by mere
consent, which is manifested
the moment there is a meeting
of the mindsas to the offer and
acceptance thereof on three (3)
elements: subject matter, price
and terms of payment of the
price.
 What are
requisites of
valid
subject
matter?
REQUISITES OF VALID
SUBJECT MATTER:
It must be a possible thing
It must be licit
It must be determinate or at least
determinable.
 Are subject
matters owned
by the
government
beyond the
commerce of
men?
 There is also no merit in
petitioners' contention that
since the lots were owned by
the municipality at the time of
the sale, they were outside the
commerce of men;thus, the
contract involving the same is
inexistent and void from the
beginning.
-ARTICLE 1409
 Is it required
that the seller be
the owner of the
property at the
the perfection of
the contract?
 The thing must be licit
and the vendor must
have a right to transfer
the ownership thereof at
the time it is delivered.

-ARTICLE 1459
 Who has the
title over the
property during
the
consummation
of sale?
 Heirs of
Corvera Regalado
(including Mondejar
Trinidad)
Fernando
Bautista
Donated back
Donated land
land Rodolfo
Goloran

Efren
Guden

Ernesto
Resolved the Goloran
non-fulfillment Municipality of
of resolutory Talacogon
condition
What happens
when theres a
subsequent
acquisition of
title by the
seller?

When a person who is not the
owner of a thing sells or
alienates and delivers it, and
later the seller or grantor
acquires title thereto, such title
passes by operation of law to
the buyer or grantee.

-ARTICLE 1434
QUIJADA vs.
COURT OF
APPEALS
G.R. No. 126444.December 4, 1998

MARA ANGELI E. CADIZ

BSA IV | T13-18891