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)., This news data comes from:http://wj-wq-xvi-ctwi.yamato-syokunin.com
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.
Court rules on subdivision open spaces, road lots
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.
”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.
Court rules on subdivision open spaces, road lots
- Floods kill over 30 in Indian-controlled Kashmir, displace 150,000 in east Pakistan
- New mining law to balance profit, ecology
- South Korean prosecutors indict Yoon's wife, former PM
- Classes suspended in 10 Metro Manila cities due to rains
- France seized by fears of new political crisis
- Maryland resident is diagnosed with New World screwworm. What to know about the parasite
- Ever dream of having an entry in the Guinness World Records? Here's how to do it
- Pacifist Japan struggles to boost troops as China anxiety grows
- India to develop fighter jet engines with French company
- Hawaii's Kilauea volcano erupts with lava pouring out from multiple vents
