DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RODRIGUEZ DONATED PROPERTY TO REPUBLIC TO BE USED FOR BUILDING AND OPERATING MENTAL HOSPITAL. ONE CONDITION IS THAT THE REPUBLIC SHALL NOT CONVEY OR DISPOSE OF THE PROPERTY TO ANY OTHER PERSON. THERE WERE SQUATTERS IN THE AREA. THE REPUBLIC FILED AN EJECTMENT CASE AGAINST THE SQUATTERS BUT FAILED TO EXECUTE THE JUDGMENT WITHIN THE PERIOD ALLOWED FOR EXECUTION. IS SUCH ACT A DISPOSAL OF THE PROPERTY IN VIOLATION OF THE DEED OF DONATION. SUPREME COURT SAID NO. THE PROPERTY IS COVERED BY THE TORRENS SYSTEM  AND THEREFORE IT CANNOT BE ACQUIRED BY THE SQUATTERS BY PRESCRIPTION OR ADVERSE POSSESSION.

THE PROPERTY DONATED CONSISTED OF 32 HECTARES. THE AREA UTILIZED WAS ONLY 5 HECTARES. THE DEED STATES THAT DONEE ERECT BUILDINGS ON THE PROPERTY. WAS THERE VIOLATION OF THE DEED OF DONATION. NO BECAUSE THE DOES NOT REQUIRE THAT BUILDINGS BE ERECTED ON THE WHOLE AREA.

THERE IS A PROHIBITION IN THE DEED OF DONATION THAT THE REPUBLIC CANNOT LEASE, LET, CONVEY, DISPOSE OR ENCUMBER THE DONATED PROPERTY WITHOUT SPECIFYING THE DURATION OF THE RESTRICTION. IS THIS LEGAL? NO. THE PROHIBITION MAY BE VIEWED AS PERMANENT WHICH CONSTITUTES AN UNDUE RESTRICTION FOR AN UNREASONABLE PERIOD OF TIME.

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