Sec of Education vs Heirs of Dulay

GR No. 164748 January 27, 2006

Facts: Spouses Dulay were the owners of a parcel of land covered by OCT P-6776. In 1981, they
executed a deed of donation over a portion of said land in favor of Ministry of Education and Culture
(now DECS), with a condition that the property will be used for school purposes. In 1988, the DECS
started construction of a national high school on a land two km away from the land donated. In 1994,
the spouses requested that the property be returned to them considering that the land was never used
since 1981.
In 1997, the heirs of Dulay filed a complaint for the revocation of the deed of donation and
cancellation of the TCT covering the subject lot. They alleged that the DECS did not fulfill the condition
and that the land remained idle up to the present. DECS argued that they have complied with the
condition because the land was being used by the school as its technology and home economics
laboratory. The RTC ruled in favor of the heirs of Dulay. The appellate court affirmed the decision.
Hence, this petition.

Issue: Can the heirs of Dualy validly revoke the deed of donation?

Ruling: Yes, because of DECS failure to comply with the condition imposed in the deed of
donation. DECS failed to prove that the donated property was used for school purposes. The planting of
palay on the land donated can hardly be considered as school purposes. Also, the posture of DECS that
the land donated is being used as technology and home economics laboratory is far from being the truth
considering that there was not a single classroom built on the land and that the national high school is
located two km away. Since the donation was subject to a condition, and that DECS failed to comply
with the same; the heirs of Dulay can therefore validly revoke the deed of donation.