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).
Court rules on subdivision open spaces, road lots
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://ym.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.
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.
”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.
- Macron says 26 countries pledge troops as a reassurance force for Ukraine after war ends
- Court orders Immigration to release of Global Ferronickel Chairman Joseph Sy
- Motive probed for US shooting that killed two children, injured 17
- COA probes Iqbal on spending of P1.7B in one day
- Immigration bureau declares war on fake Filipinos and illegal workers
- Supreme Court: It’s work as usual in judiciary
- 95 IMAGES OF MARY
- 100K Pakistanis flee amid flood threat
- Marcos orders lifestyle check on all govt officials amid flood projects probe
- Australia government condemns anti-immigration rally in Sydney
