THE Supreme Court ruled that open spaces and road lots inside subdivisions don’t automatically become government property without a written deed of donation.
Court rules on subdivision open spaces, road lots
In a decision penned by Associate Justice Jhosep Lopez, the Court’s Second Division affirmed that the Quezon City government failed to prove ownership of common areas in Capital Park Homes Subdivision (CPHS).
The case stemmed from a petition filed by Rainier Madrid, a Quezon City taxpayer and resident of a nearby subdivision, who questioned the use of public funds to improve the CPHS properties. He argued that developer VV Soliven never executed a deed of donation transferring the areas to the city, which made them private rather than public property.
Court rules on subdivision open spaces, road lots
While the city government cited a 1964 ordinance that required subdivision developers to allocate 6 percent of their land for public use before plan approval, the Court stressed that compliance with the ordinance doesn’t replace the legal requirement of a written donation., This news data comes from:http://lndlcr.aichuwei.com
The Capital Park Homeowners Association admitted there was no deed of donation but pointed to a board resolution acknowledging the supposed turnover. The Regional Trial Court initially dismissed Madrid’s petition for lack of standing, but the Court of Appeals reversed the ruling, finding merit in his challenge.
The Supreme Court upheld the appellate court, ruling that local governments must show a valid transfer of property through a deed of donation and proof of acceptance under the Civil Code. Without such documents, ownership remains with the subdivision developer.
”The donation of subdivision land to a local government unit must be in writing for ownership to be transferred,” the Court said, reiterating that local ordinances alone can’t establish government ownership.
- Escudero subpoenaes 10 DPWH contractors for Senate probe next week
- Australia's mushroom murderer faces victims' family in court
- Marcos approves EO for commission to probe flood project anomalies
- India to cut taxes on hundreds of consumer goods to boost local demand following steep US tariffs
- Cusi charged over Malampaya deal
- Wildfire tears through California gold rush town
- LTO summons driver who berated enforcer
- Harold Cabreros takes post as new OCD chief
- Dizon to abolish DPWH internal special investigation team created to look into the flood control anomalies
- Roxas matriarch Judy Araneta-Roxas, 91
