Case Digest (G.R. No. L-40474)
Facts:
- Cebu Oxygen & Acetylene Co., Inc. applied for the registration of title over a portion of M. Borces Street, Mabolo, Cebu City.
- The City Council of Cebu declared the street abandoned through Resolution No. 2193 on October 3, 1968, as it was not included in the Cebu Development Plan.
- On December 19, 1968, the City Council passed Resolution No. 2755, authorizing the Acting City Mayor to sell the land through public bidding.
- Cebu Oxygen & Acetylene Co., Inc. was the highest bidder and was awarded the lot.
- A deed of absolute sale was executed by the Acting City Mayor on March 3, 1969, for P10,800.00 in favor of the petitioner.
- The petitioner filed an application with the Court of First Instance of Cebu to register its title.
- The Assistant Provincial Fiscal of Cebu filed a motion to dismiss on June 26, 1974, arguing the property was a public road intended for public use and part of the public domain.
- The trial court dismissed the application on October 11, 1974.
- The petitioner sought a review from the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court set aside the trial court's order dismissing the petitioner's application for registration of title.
- The trial court was directed ...(Unlock)
Ratio:
- The Supreme Court held that under the Revised Charter of Cebu City, the City Council has legislative power to close any city road, street, or alley.
- Property withdrawn from public servitude may be used or conveyed as other real property belonging to the city.
- This power was affirmed in the Favis vs. City of Baguio case, recognizing the city council's authority to determine if a property is necessary for public use.
- Judicial interference is not warranted unless there is a c...continue reading
Case Digest (G.R. No. L-40474)
Facts:
In the case of Cebu Oxygen & Acetylene Co., Inc. v. Bercilles, the petitioner, Cebu Oxygen & Acetylene Co., Inc., sought the registration of title over a portion of M. Borces Street in Mabolo, Cebu City. This portion of the street was declared an abandoned road by the City Council of Cebu through Resolution No. 2193 on October 3, 1968, as it was not included in the Cebu Development Plan. Subsequently, on December 19, 1968, the City Council passed Resolution No. 2755, authorizing the Acting City Mayor to sell the land through a public bidding. The petitioner emerged as the highest bidder and was awarded the lot. On March 3, 1969, a deed of absolute sale was executed by the Acting City Mayor in favor of the petitioner for a total consideration of P10,800.00. The petitioner then filed an application with the Court of First Instance of Cebu to have its title to the land registered. However, on June 26, 1974, the Assistant Provincial Fiscal of Cebu filed a motion to dismiss the application, arguing that the property sought to be registered was a public road intended for public use and thus part of the public domain, making it outside the commerce of man and not subject to registration by any private individual. After hearing the parties, the trial court issued an order on October 11, 1974, dismissing the petitioner's applicatio...