Spouses Alfredo and Racquel were active members of a religious congregation. They donated a parcel of land in favor to that congregation in a duly notarized Deed of Donation, subject to the condition that the Minister shall construct thereon a place of worship within 1 year from the acceptance of the donation. In an affidavit he executed in behalf of the congregation, the Minister accepted the donation. The Deed of Donation was not registered with the Registry of Deeds.
However, instead of constructing a place of worship, the Minister constructed a bungalow on the property he used as his residence. Disappointed with the Minister, the spouses revoked the donation and demanded that he vacate the premises immediately.
But the Minister refused to leave, claiming that aside from using the bungalow as his residence, he is also using it as a place of worship on special occasions. Under the circumstances, can Alfredo and Racquel evict the Minister and recover possession of the property?
If you were the couple’s counsel, what action will you take to protect the interests of your clients? 5%
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1 comment:
XI.
The donor spouses cannot at once evict the minister and recover possession of the property since ownership over the property was already transferred to the Minister by reason of the donation. A case in court is therefore necessary.
If I were the couple’s counsel, I will file a case for the revocation of the donation and recovery of ownership with the argument that the resolutory condition imposed on the donation was not complied with by the donee.
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