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.
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., This news data comes from:http://www.xs888999.com
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.
- No winner in lotto draws for Aug 30
- Modi reaffirms India's support for Ukraine peace settlement during call with Zelenskyy
- Indonesia's delayed new capital risks 'white elephant' status
- Filipino member of AHOF K-pop group says Manila concert a dream come true
- Filipino fulfills dream of performing with K-pop group before home fans
- SC orders comment on petitions vs polls
- BIR to audit contractors flagged for ghost flood projects for tax fraud — BIR
- Hontiveros wants Senate to probe Chinese who pretended to be Filipino
- House probe tackles flood control corruption: Lawmakers disclose conflicts of interest
- China's Xi holds talks with North Korea's Kim in Beijing
