The Supreme Court has affirmed Lapu-Lapu City’s ownership of a parcel of land donated for educational purposes, ruling that the city did not violate the conditions of the donation despite the demolition and relocation of the school previously built on the property.
In a 10-page decision promulgated on July 13, 2026 and published on the Supreme Court website on July 30, the Court’s First Division denied the petition for review filed by the Mactan-Cebu International Airport Authority (MCIAA).
The ruling affirmed the Court of Appeals’ 2018 decision and 2020 resolution declaring the deed of donation covering Lot No. 4726-A valid and still in effect.
It also recognized Lapu-Lapu City as the lawful owner of the property.
Court records showed that spouses Marcos and Basilisa Seno donated Lot No. 4726-A to Lapu-Lapu City in 1935, with the condition that the property would be used “exclusively and forever for school purposes.”
Ibo Elementary School was later built on the property. However, the school was eventually demolished and transferred to another location due to increasing enrollment.
In 1958, some heirs of the Seno couple executed an extrajudicial settlement and sale involving the entire Lot No. 4726, including Lot No. 4726-A, in favor of MCIAA.
The heirs later questioned the transaction, arguing that the property had already been donated to Lapu-Lapu City and that they no longer had ownership rights over the land.
MCIAA, meanwhile, argued that the donation had been revoked because the city allegedly failed to continuously use the property as a school site, allowing ownership to revert to the heirs and later transfer to the airport authority.
The Supreme Court rejected MCIAA’s arguments, ruling that revocation of a donation due to violation of a condition requires proof of a substantial and fundamental breach.
Associate Justice Ramon Paul L. Hernando, who wrote the decision, said a minor or temporary noncompliance does not automatically invalidate a donation.
The Court found no evidence that Lapu-Lapu City abandoned the property or disregarded the intent of the donors.
Instead, it ruled that the demolition and relocation of Ibo Elementary School were done to address the growing number of students and did not constitute abandonment of the property’s educational purpose.
The Court also noted that records showed the city continued to recognize its obligation to use the property for school-related purposes.
It added that the city’s inability to currently use the property for educational purposes was partly due to MCIAA’s occupation and use of the land.
“It is up to Lapu-Lapu City to institute the proper proceedings to take back possession of Lot No. 4726-A so that it can comply with the condition attached to the donation,” the Court said.
The High Court further held that a party cannot rely on noncompliance with a condition when its own actions contributed to that situation.
Since there was no valid revocation of the donation, the Court ruled that ownership did not revert to the Seno heirs, and MCIAA could not acquire a better right over the property through the 1958 sale.
“For these reasons, the Petition is DENIED,” the Court said, affirming the appellate court’s ruling and declaring Lapu-Lapu City the lawful owner of Lot No. 4726-A.
The decision ends MCIAA’s challenge to the 1935 donation and confirms that ownership of the property remains with the Lapu-Lapu City Government.
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