THE Supreme Court ruled that open spaces and road lots inside subdivisions don’t automatically become government property without a written deed of donation., This news data comes from:http://crk-iylr-cpq-rixa.gyglfs.com
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.
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.
”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
- Social pension eyed for indigent seniors
- Israel ups pressure on Gaza City as Trump talks post-war plan
- DILG to roll out nationwide unified 911 hotline on Sept. 11
- Vatican puts Pope Francis' ecological preaching into practice with vocational farm center
- Japanese climber, 102, sets Mount Fuji record
- Filipino member of AHOF K-pop group says Manila concert a dream come true
- Malacañang hits back at VP Duterte's criticism on flood scam probe
- DPWH fires Bulacan engineers, blacklists contractors over anomalous projects
- Oil firms to hike pump prices Tuesday
- Australia expels Iran ambassador over antisemitic attacks
