PARKS v.

PROVINCE & MUNICPALITY OF TARLAC, CIRER, HILL

G.R. No. L-241290, July 13, 1926
AVANCENA, C.J.:

FACTS:
Concepcion Cirer and James Hill donated parcel of land to municipality of Tarlac under
conditions to erect a central school and public park, the work to commence in both
cases within the period of six months from the date of the ratification.
10 years later, Concepcion Cirer and James Hill sold this parcel to the herein plaintiff
George L. Parks. 2 years thereafter, municipality of Tarlac transferred the parcel to the
Province of Tarlac and obtained registration and title for said parcel.
Plaintiff, George Parks, alleged that the conditions of the donation had not been
complied with and invoking brought action against Province of Tarlac. Plaintiff also
asserts that the donation be revoked due to the noncompliance of conditions. The lower
court dismissed the complaint.

ISSUE:
Whether or not condition was suspensive

RULING:
The allegation that it is a condition precedent is erroneous. The characteristic of a
condition precedent is that the acquisition of the right is not effected while said condition
is not complied with or is not deemed complied with. When a condition is imposed, the
compliance of which cannot be effected except when the right is deemed acquired, such
condition cannot be a condition precedent.