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Donation, Revocation and Reduction of Donations:

1. Dolar v. Brgy. Lublub | GR# 152663 | Nov. 18, 2005


Facts:
 Dolar and Serafin Jaranilla were co-owners of the subject property in Brgy. Lublub in Iloilo
 In Sept. 16 1981, Dolar and Jaranilla donated said lot to Brgy Lublub with the following conditions:
o That the area shall be used for the purpose of constructing public plaza, sports complex, etc.
for the use of Brgy. Lublub, known as Don Venancio Dolar Plaza, and designated in a proper
landmark
o Construction shall be initiated and completed within 5 years from Deed of Donation, and if
not completed, then the donation shall have no force and effect, and the ownership shall
revert back to the Dolar and Jaranilla, including unfinished improvements
 The Brgy. Captain accepted the donation on behalf of Brgy. Lublub.

Issue:
WON action to revoke donation had prescribed

Rule:
Although it is true that under Article 764 of the Civil Code an action for the revocation of a donation
must be brought within four (4) years from the non-compliance of the conditions of the donation, the
same is not applicable in the case at bar.
When a deed of donation, . . . expressly provides for automatic revocation and reversion of the property
donated, the rules on contract and the general rules on prescription should apply, and not Article 764 of
the Civil Code.

Application:
In the case at bench, it cannot be gainsaid that respondent barangay denied or challenged the
purported revocation of the donation

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