If you can answer the following hypothetical cases, I am sure you will get a high grade in the finals:

Hypothetical Cases:

1. A donated a parcel of land to B, an illegitimate daughter of his deceased wife before their marriage. In the deed of donation, A expressly stipulated that B may immediately ta e possession of the land and deri!e fruits therefrom with a further condition not to sell or transfer the land for twenty years. After A"s death, B sold the land to C. B died within the year after the sale. #, a sole heir of B reali$ed that the property had already been transferred in contra!ention of the conditions of the will. # then filed an action for annulment of sale on the ground of the !iolation of the conditions in the #eed. C filed a motion to dismiss on the ground that #, being only an heir to A, does not ha!e to the legal capacity to sue. Assume you are the %udge, how will you rule on the &otion to #ismiss' (nder Art. )*+, when the condition of the donation is not complied with, the donation may be re!o ed e!en if the donor is already dead. ,he action prescribe in four years and it is transmissible to the heirs of the donor and may be exercised against the donee. -. &r. . donated a parcel of land to &iss /. ,he deed of donation is entitled 0#onation Inter 1i!os2, notari$ed and &s. / accepted the donation is the same instrument. ,he deed li ewise states that &s. / can immediately ta e possession and en%oy the fruits fully. Howe!er, &s. / cannot dispose of it especially while &r. . is ali!e, as the deed pro!ides for a condition that only he 3&r. .4 can dispose of the property in his lifetime. Also, it further states that &s. / can only register the donation after &r. ."s death. 5ubse6uently, &r. . died and his widow, filed an action to annul the donation contending that the donation is a mortis causa and not inter!i!os. Assume, you are the %udge, how will you decide. ,he donation is one of mortis causa because the right of disposition cannot be exercised when the donor is still ali!e. ,he donation cannot be annuled because donation mortis caussa is irre!ocable if the donor hss died already. 7. &s. #. executed a #eed of #onation to the unborn child of &rs. 8. in the amount of 8 1 million. (nfortunately the child after birth sur!i!ed for less than -+ hours. &rs. 8. now wants to claim as heir to her unborn child. &s. #. now contends that the deed of donation did not become effecti!e. #ecide. Art +9 and +1. ,he donation is ineffecti!e because the child does not ac6uire personality. A born child only ac6uire pesonality if he will li!e for -+ hours, if not he is considered as if he does not come into. 3if born less than ) months4 If more than )mos the heirs may ac6uire the donation because child is deemed borrm if it is ali! when he is completely deli!ered. considered born for all purposes that is

fa!orable to it. +. :raternity member, &r. A. donated a parcel of land, to their fraternity 0,au ;ambda <ee2 with the condition that the fraternity will construct a fraternity house therein and name the same in his honor. ,he donation was notari$ed and the acceptance was in the same instrument. ,he #eed of #onation was not registered with the =egistry of #eeds. Howe!er, a purely commercial center was constructed therein. #isappointed, &r. A re!o ed the donation and demanded to surrender the premises immediately. (nder the circumstances, can &r. A reco!er possession of the property' /es. Art )*+ states thet the donation may be re!o ed if the donee fail to comply with the condition imposed by the donor. And in this case, the property donated shall be returned to the donor. ,he action prescribe in four years and it is transmissible to the heirs of the donor and may be exercised against the donee. >. In 1?>9, #r. Alba donated a parcel of land to Central (ni!ersity on condition that the latter must establish a medical college on the land to be named after him. In the year -999, the heirs of #r. Alba filed an action to annul the donation and for the recon!eyance of the property donated to them for the failure, after >9 years, of the (ni!ersity to establish on the property a medical school named after their father. ,he (ni!ersity opposed the action on the ground of prescription and also because it had not used the property for some purpose other than that stated in the donation. 5hould the opposition of the (ni!ersity to the action of #r. Alba"s heirs be sustained' @xplain. /es, the 5C ruled that, fifty years ha!e lapsed since the resolutory condition was imposed, failure to comply with it renders the donation null and !oid. ,he property may be recon!eyed to the heirs of the donor. *. In year -919, &r. 5 donated a parcel of land to &r. 8. who personally handed to him the deed of donation in a document duly ac nowledged before the notary public. &r. 8. recei!ed it. A few days after, &r. 5. rode a plane on his way to Hong ong. (nfortunately, the plane crashed and &r. 5. died. (pon learning of &r. 5"s death, &r. 8. executed a deed ac nowledging before the notary public that he accepts the donation to him by &r. 5. Has the donation become operati!e' @xplain your answer. Ao. ,he donation is inoperati!e. ,he deed of acceptance, to be effecti!e .must be done upon the lifetime of the donor.