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., This news data comes from:http://xtpkvo.gyglfs.com
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.
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.
- Marcos names acting Ombudsman
- House probe tackles flood control corruption: Lawmakers disclose conflicts of interest
- Chinese sleeper agents' and PLA operatives a threat, Lacson warns
- 'I have no resentment,' says Torre after dismissal as PNP chief
- 'New' position being offered to Torre — Palace
- Trump health misinformation swirls despite denial
- French couple kept panther that roamed nearby rooftops
- MMDA unveils plan to build rainwater impounding facilities in Camp Aguinaldo
- China criticizes Canadian, Australian warships transiting Taiwan Strait
- 1 of 2 suspects in Pasay robbery, rape arrested
