Case Digest (G.R. No. L-40474)
Facts:
In Cebu Oxygen & Acetylene Co., Inc. v. Hon. Pascual A. Bercilles and Jose L. Espeleta, decided on August 29, 1975 by the Second Division of the Supreme Court of the Philippines, the petitioner sought registration of title over a parcel of land in Mabolo, Cebu City, originally part of M. Borces Street. On September 23, 1968, the City Council of Cebu, through Resolution No. 2193, declared the terminal portion of the street as abandoned, which was approved on October 3, 1968. Pursuant to Resolution No. 2755 of December 19, 1968, the Acting City Mayor sold the lot by public bidding. On March 3, 1969, the City executed a deed of absolute sale in favor of the petitioner for ₱10,800. The petitioner then filed an application to register the title in the Court of First Instance of Cebu. On June 26, 1974, the Assistant Provincial Fiscal, representing the Solicitor General and the Bureau of Lands, moved to dismiss the application, arguing that the property remained part of the public domaCase Digest (G.R. No. L-40474)
Facts:
- Parties and Subject Matter
- Petitioner: Cebu Oxygen & Acetylene Co., Inc., applicant for registration of title over a parcel of land in Cebu City.
- Respondents: Hon. Pascual A. Bercilles, Presiding Judge, Branch XV, 14th Judicial District, and José L. Espeleta, Assistant Provincial Fiscal, representing the Solicitor General’s Office and the Bureau of Lands.
- Abandonment and Sale of the Road
- September 23, 1968 (approved October 3, 1968): City Council of Cebu passes Resolution No. 2193 declaring the terminal portion of M. Borces Street, Mabolo, Cebu City, as abandoned and not included in the City Development Plan.
- December 19, 1968: City Council adopts Resolution No. 2755 authorizing the Acting City Mayor to sell the abandoned road by public bidding.
- March 3, 1969: City of Cebu, through the Acting City Mayor, executes a deed of absolute sale to petitioner for ₱10,800.00.
- Judicial Proceedings
- Petitioner files application in the Court of First Instance of Cebu to register title over the purchased lot.
- June 26, 1974: Assistant Provincial Fiscal moves to dismiss the registration application, arguing that the property, having been a public road, remains part of the public domain and is not subject to private registration.
- October 11, 1974: Trial court issues order dismissing petitioner’s registration application.
- Petitioner files the instant petition for review before the Supreme Court.
Issues:
- Authority to Abandon
- Whether Section 31(34) of the Revised Charter of Cebu City (R.A. 3857) validly empowers the City Council to declare and close a city road as abandoned.
- Effect of Abandonment
- Whether the declaration of abandonment transforms the former public road into patrimonial property of the City, capable of private sale and registration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)