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Hemedes vs. CAp11

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Torres, Jr., concurring.

Entitled Dominium Realty and Construction Corporation and

Enrique D. Hemedes vs. R & B Insurance Corporation and Maxima


Hemedes.
3

Annex D of Maxima Hemedes Petition; Rollo, pp. 113-114.


356

356

SUPREME COURT REPORTS ANNOTATED


Hemedes vs. Court of Appeals

wife, Justa Kausapin, 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 conveying the property to the latter; or
(b) In absence of such an express designation made by
the DONEE before her death or remarriage
contained in a public instrument as above provided,
the title to the property shall automatically revert
to the legal heirs of the DONOR in common.
Pursuant to the first condition abovementioned, Justa
Kausapin executed on September 27, 1960 a Deed of4
Conveyance of Unregistered Real Property by Reversion
conveying to Maxima Hemedes the subject property under
the following terms
That the said parcel of land was donated unto me by the said Jose
Hemedes, my deceased husband, in a deed of DONATION INTER
VIVOS WITH RESOLUTORY CONDITIONS executed by the
donor in my favor, and duly accepted by me on March 22, 1947,
before Notary Public Luis Bella in Cabuyao, Laguna;
That the donation is subject to the resolutory conditions
appearing in the said deed of DONATION INTER VIVOS WITH
RESOLUTORY CONDITIONS, as follows:
(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 conveying the property to the
latter; or

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