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://mlgdjtg.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.
- Philippine forces deliver supplies and personnel to disputed South China Sea shoal despite tensions
- New judge to handle Dengvaxia cases named; hearing set
- DPWH Secretary Dizon orders perpetual ban of Wawao Builders, Syms Construction for ghost projects
- Some areas in Metro Manila, 5 provinces to have power interruptions due to maintenance works
- Gasoline, diesel price hikes seen next week
- Putin meets Kim, praises North Korean troops in Russia
- House justice panel to probe US' extradition request for Quiboloy
- NHA gives cash aid to families affected by calamity in Manila
- House committee subpoenas Sarah Discaya, 4 other contractors over flood control project anomalies
- Filipino weightlifter Vanessa Sarno banned for 2 years for anti-doping violation
