114608-2001-Republic_v._Silim.pdf - FIRST DIVISION[G.R No 140487 April 2 2001 REPUBLIC OF THE PHILIPPINES petitioner vs LEON SILIM and ILDEFONSA

114608-2001-Republic_v._Silim.pdf - FIRST DIVISION[G.R No...

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FIRST DIVISION [G.R. No. 140487. April 2, 2001.] REPUBLIC OF THE PHILIPPINES REPUBLIC OF THE PHILIPPINES, petitioner , vs vs . LEON SILIM and ILDEFONSA MANGUBAT ILDEFONSA MANGUBAT, respondents . D E C I S I O N D E C I S I O N KAPUNAN KAPUNAN, J p : Before the Court is a petition for review under Rule 45 seeking the reversal of the Decision of the Court of Appeals in CA-G.R. No. 43840, entitled Leon Silim, et al . vs . Wilfredo Palma, et al ., which declared null and void the donation made by respondents of a parcel of land in favor of the Bureau of Public Schools, Municipality of Malangas, Zamboanga del Sur. The antecedents of this case are as follows: On 17 December 1971, respondents, the Spouses Leon Silim and Ildefonsa Mangubat, donated a 5,600 square meter parcel of land in favor of the Bureau of Public Schools, Municipality of Malangas, Zamboanga del Sur (BPS). In the Deed of Donation, respondents imposed the condition that the said property should "be used exclusively and forever for school purposes only." 1 This donation was accepted by Gregorio Buendia, the District Supervisor of BPS, through an ADdavit of Acceptance and/or ConFrmation of Donation. aTcESI Through a fund raising campaign spearheaded by the Parent-Teachers Association of Barangay Kauswagan, a school building was constructed on the donated land. However, the Bagong Lipunan school building that was supposed to be allocated for the donated parcel of land in Barangay Kauswagan could not be released since the government required that it be built upon a one (1) hectare parcel of land. To remedy this predicament, Assistant School Division Superintendent of the Province of Zamboanga del Sur, Sabdani Hadjirol, authorized District Supervisor Buendia to oDcially transact for the exchange of the one-half (1/2) hectare old school site of Kauswagan Elementary School to a new and suitable location which would Ft the speciFcations of the government. Pursuant to this, District Supervisor Buendia and Teresita Palma entered into a Deed of Exchange whereby the donated lot was exchanged with the bigger lot owned by the latter. Consequently, the Bagong Lipunan school buildings were constructed on the new school site and the school building previously erected on the donated lot was dismantled and transferred to the new location. When respondent Leon Silim saw, to his surprise, that Vice-Mayor Wilfredo Palma was constructing a house on the donated land, he asked the latter why he was building a house on the property he donated to BPS. Vice Mayor Wilfredo Palma replied that he is already the owner of the said property. Respondent Leon Silim endeavored to stop the construction of the house on the donated property but Vice-Mayor Wilfredo Palma advised him to just file a case in court. On February 10, 1982, respondents Fled a Complaint for Revocation and CD Technologies Asia, Inc. 2018 cdasiaonline.com
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Cancellation of Conditional Donation, Annulment of Deed of Exchange and Recovery of Possession and Ownership of Real Property with damages against Vice Mayor Wilfredo
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