Court junks case vs. Kiwanis over lot donation

CEBU, Philippines - For lack of merit, the Regional Trial Court has dismissed a civil case for damages filed by a businessman against the Cebu Kiwanis Foundation Incorporated and the latter’s counter-claim. 

RTC Branch 12 Judge Estella Alma Singco dismissed the petition filed by Arturo Villa and three of his children that sought to recover a 200-square meter property in barangay Banilad, which was donated to the foundation for its kindergarten and pre-school classes.

Singco, in a 14-page decision, ruled that the complainants lacked the legal basis to recover the property and to demand for damages from the foundation, which acquired ownership of the lot since 1972 through a deed of donation executed by the previous owner.

In the same decision, Singco also dismissed the counter claims filed by Kiwanis against the complainants on the same ground.

The case stemmed from the 4,114 square meter property that the Villas bought in 1981 from one Dr. Ines Gonzales. A portion of the property was donated by Gonzales to the Kiwanis Foundation for its free kindergarten and pre-school classes.

The Villas claimed they allowed the foundation to continue using property since the date of their acquisition until the death of Gonzales because of the latter’s wish let Kiwanis continue using the property while she was still alive.

According to the Villas, they were surprised to learn that the portion occupied by the foundation was already donated. In fact, records from the court showed that the previous owner signed an undertaking with the Kiwanis as donee of the property in consideration of US$1,600.

The Villas claimed they were not aware of such donation and that the previous owner has sold the property to them. They said they have demanded for the foundation to vacate the property but the latter refused.

Such refusal, according to the Villas, has deprived them of their income in terms of rentals, which they computed at P60,000 a year. They demanded that they be granted the same amount as actual damages plus P100,000 reimbursement of the legal expenses excluding the P1,000 for every court appearance.

The Kiwanis Foundation, on the other hand, asked for P1.552 million damages in their counterclaim. The foundation contended that its reputation as a reputable service club was tarnished because of the “malicious, unwarranted and unfounded” complaint.

In the end, the court dismissed both claims for damages for lack of legal basis. – Fred P. Languido/JMO   FREEMAN NEWS)