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    Hemedes Vs CA

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    Jocel Elid Espinola
    Jose Hemedes donated land to his wife Justa Kausapin with conditions that upon her death or remarriage, ownership would revert to Jose's designated heir or legal heirs. Justa conveyed the land to Maxima Hemedes according to the conditions. However, Justa later conveyed the same land to her stepson Enrique, who then sold it to Dominium Realty. The Supreme Court upheld the first conveyance to Maxima as valid, as Justa had already transferred ownership to her according to the donation conditions, so the later transfers by Justa and Enrique were null and void. The Court also upheld the ownership of R&B Insurance, which acquired the land after foreclosing on a mortgage taken out by

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    Hemedes Vs CA

    Uploaded by

    Jocel Elid Espinola
    122 views2 pages
    Jose Hemedes donated land to his wife Justa Kausapin with conditions that upon her death or remarriage, ownership would revert to Jose's designated heir or legal heirs. Justa conveyed the land to Maxima Hemedes according to the conditions. However, Justa later conveyed the same land to her stepson Enrique, who then sold it to Dominium Realty. The Supreme Court upheld the first conveyance to Maxima as valid, as Justa had already transferred ownership to her according to the donation conditions, so the later transfers by Justa and Enrique were null and void. The Court also upheld the ownership of R&B Insurance, which acquired the land after foreclosing on a mortgage taken out by

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    Hemedes vs CA

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    Jose Hemedes donated land to his wife Justa Kausapin with conditions that upon her death or remarriage, ownership would revert to Jose's designated heir or legal heirs. Justa conveyed the land to Maxima Hemedes according to the conditions. However, Justa later conveyed the same land to her stepson Enrique, who then sold it to Dominium Realty. The Supreme Court upheld the first conveyance to Maxima as valid, as Justa had already transferred ownership to her according to the donation conditions, so the later transfers by Justa and Enrique were null and void. The Court also upheld the ownership of R&B Insurance, which acquired the land after foreclosing on a mortgage taken out by

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    122 views2 pages

    Hemedes Vs CA

    Uploaded by

    Jocel Elid Espinola
    Jose Hemedes donated land to his wife Justa Kausapin with conditions that upon her death or remarriage, ownership would revert to Jose's designated heir or legal heirs. Justa conveyed the land to Maxima Hemedes according to the conditions. However, Justa later conveyed the same land to her stepson Enrique, who then sold it to Dominium Realty. The Supreme Court upheld the first conveyance to Maxima as valid, as Justa had already transferred ownership to her according to the donation conditions, so the later transfers by Justa and Enrique were null and void. The Court also upheld the ownership of R&B Insurance, which acquired the land after foreclosing on a mortgage taken out by

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Hemedes vs CA

    G.R. No. 107132 and G.R. No. 108472. October 8, 1999


    Facts:
    Jose Hemedes executed a Donation Inter Vivos With Resolutory Conditions
    whereby he conveyed ownership over a parcel of land, together wiith
    improvements, in favor of his third wife, Justa Kauapin, subject to the
    following resolutory conditions:
    (a) Upon the death or remarriage of the DONEE, the title to the property
    donated shall revert to any of the children, or their heirs, of the DONOR
    expressly designated by the DONEE in a public document; or
    (b) In absence of such an express designation made by the DONEE before
    her death or remarriage, the title to the property shall automatically revert
    to the legal heirs of the DONOR in common.
    Pursuant to the first condition, Justa Kausapin executed a Deed of
    Conveyance of Unregistered Real Property by Reversion, conveying to
    Maxima Hemedes the subject property. Maxima registered the subject land
    with the annotation that Justa Kausapin shall have the usufructuary rights
    over the parcel of land herein described during her lifetime or widowhood.
    R & B Insurance claimed that Maxima and her husband constituted a real
    estate mortgage over the subject property. Maxima failed to pay and the
    land was foreclosed, it was then acquired by the same insurance company
    at a public auction. The subject land was registered by R & B Insurance
    after Maxima failed to redeem the property.
    Despite the earlier conveyance of the subject land in favor of Maxima, Justa
    Kausapin executed a Kasunduan whereby she transferred the same land to
    her stepson Enrique D. Hemedes, who in turn sold the property to
    Dominium Realty and Construction Corporation. Said corporation leased the
    property to Asia Brewery.
    Issue:
    Which of the two conveyances by Justa Kausapin, the first in favor of
    Maxima Hemedes and the second in favor of Enrique D. Hemedes,
    effectively transferred ownership over the subject land.
    Held:
    The Cort upheld the deed of conveyance in favor of Maxima Hemedes and
    ruled that Enrique D. Hemedes and his transferee, Dominium, did not
    acquire any rights over the subject property. Justa Kausapin sought to
    transfer to her stepson exactly what she had earlier transferred to Maxima
    Hemedes the ownership of the subject property pursuant to the first
    condition stipulated in the deed of donation executed by her husband. Thus,
    the donation in favor of Enrique D. Hemedes is null and void for the
    purported object thereof did not exist at the time of the transfer, having
    already been transferred to his sister. Similarly, the sale of the subject
    property by Enrique D. Hemedes to Dominium is also a nullity for the latter

    cannot acquire more rights than its predecessor-in-interest and is definitely


    not an innocent purchaser for value since Enrique D. Hemedes did not
    present any certificate of title upon which it relied. The Court also sustained
    petitioner R & B Insurances claim that it is entitled to the protection of a
    mortgagee in good faith and that it validly acquired ownership over the
    property.

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