THE Supreme Court ruled that open spaces and road lots inside subdivisions don’t automatically become government property without a written deed of donation.
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.
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://avi-el-xo-mwf.redcanaco.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.
Court rules on subdivision open spaces, road lots
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.
Court rules on subdivision open spaces, road lots
”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.
- Pangilinan urges Marcos Jr. to prioritize bill aiding farmers, fishermen
- Metro Manila disaster agencies expand response areas in preparation for 'Big One'
- Govt eyes charges vs Discayas over 'unfinished' PH Film Heritage Building
- Kris Aquino is alive, says friend amid reports of death
- 3 Luzon dams release water
- Trump moves to cut more foreign aid, risking shutdown
- Artikulo Onse' group calls for independent panel to probe flood control corruption
- India will not 'bow down,' trade minister says after US tariffs
- House suspends DPWH budget deliberations pending submission of changes by agency, DBM
- Marcos signs law giving 99-year land lease to foreign investors
