PARKS V. PROVINCE OF TARLAC

49 PHIL 142

FACTS:

Cider and Hill donated parcels of land in favor of the Municipality of Tarlac, under certain conditions. Without revoking donation, they sold the land to Parks. The Municipality then conveyed the property to the Province. Parks filed an action to recover property.

HELD:

The characteristic of a condition precedent is that the acquisition of a right isn’t effected while said condition is not complied with or isn’t deemed complied with. Meanwhile, nothing is acquired and there is only expectancy of right. Consequently, 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.