Scribd
Upload
149 views1 page

183 Scra 171

The agreement between Javier and Leonardo Tiro included a suspensive condition that Tiro's application for an additional forest concession area be approved. Since this approval was not obtained, the condition for transferring Javier's shares in Timberl wealth Corp was not fulfilled. As such, the Supreme Court held that the agreement was nullified because the suspensive condition stipulated in the contract did not occur. When a contract contains a suspensive condition and that condition is not met, the parties are released from their obligations as if the conditional agreement had never existed.

Uploaded by

Sherwin Delfin Cinco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
149 views1 page

183 Scra 171

The agreement between Javier and Leonardo Tiro included a suspensive condition that Tiro's application for an additional forest concession area be approved. Since this approval was not obtained, the condition for transferring Javier's shares in Timberl wealth Corp was not fulfilled. As such, the Supreme Court held that the agreement was nullified because the suspensive condition stipulated in the contract did not occur. When a contract contains a suspensive condition and that condition is not met, the parties are released from their obligations as if the conditional agreement had never existed.

Uploaded by

Sherwin Delfin Cinco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Javier vs.

Court of Appeals and Leonardo Tiro 183 SCRA 171


Art. 1181, Suspensive Condition

Facts
Petitioner and private respondent entered into an agreement into which Petitioner bound
himself to transfer his rights(shares of stocks) on Timberl wealth Corp to private respondent
That for and in consideration of the transfer of rights, Petitioner undertake to pay Private
Respondent subject to the condition that the application of Private Respondent for
anadditional area for forest concession be approved by Bureau of Forestry.
Private Respondent did not obtain the approval

Issue:
W/N an agreement may be nullified for non-performance of the conditions stipulated therein

Held
When a contract is subject to a suspensive condition, its birth and effectivity can take place
onlyif and when the event which constitutes the condition happens or is fulfilled. If the
suspensive condition does not take place, the parties would stand as if the conditional
obligation had never existed.
Art. 1461 of the Civil Code, the efficacy of the sale of a mere hope or expectancy is
deemedsubject to the condition that the thing will come into existence

You might also like