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Cebu v. Bercilles

1) The City of Cebu has the power under its charter to close city roads and withdraw land from public use. It exercised this power by declaring a portion of M. Borces Street an abandoned road. 2) Land withdrawn from public use becomes patrimonial property of the city that can be subject to ordinary contracts. The city sold the land to the petitioner through a public bidding process. 3) As the land is no longer for public use, the petitioner has a registrable title over the property. The court orders the respondent court to proceed with hearing the petitioner's application for registration of title.

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Cedric Kho
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47 views3 pages

Cebu v. Bercilles

1) The City of Cebu has the power under its charter to close city roads and withdraw land from public use. It exercised this power by declaring a portion of M. Borces Street an abandoned road. 2) Land withdrawn from public use becomes patrimonial property of the city that can be subject to ordinary contracts. The city sold the land to the petitioner through a public bidding process. 3) As the land is no longer for public use, the petitioner has a registrable title over the property. The court orders the respondent court to proceed with hearing the petitioner's application for registration of title.

Uploaded by

Cedric Kho
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Republic of the Philippines the terminal portion of M.

Borces Street,
SUPREME COURT Mabolo, Cebu City, as an abandoned
Manila road, the same not being included in the
City Development Plan.1 Subsequently,
SECOND DIVISION on December 19, 1968, the City Council
of Cebu passed Resolution No. 2755,
authorizing the Acting City Mayor to sell
the land through a public
G.R. No. L40474 August 29, 1975 bidding.2 Pursuant thereto, the lot was
awarded to the herein petitioner being
CEBU OXYGEN & ACETYLENE CO., the highest bidder and on March 3,
INC., petitioner, 1969, the City of Cebu, through the
vs. Acting City Mayor, executed a deed of
HON. PASCUAL A. BERCILLES absolute sale to the herein petitioner for
Presiding Judge, Branch XV, 14th a total consideration of P10,800.00.3 By
Judicial District, and JOSE L. virtue of the aforesaid deed of absolute
ESPELETA, Assistant Provincial sale, the petitioner filed an application
Fiscal, Province of Cebu, with the Court of First instance of Cebu
representing the Solicitor General's to have its title to the land registered.4
Office and the Bureau of
Lands, respondents. On June 26, 1974, the Assistant
Provincial Fiscal of Cebu filed a motion
Jose Antonio R Conde for petitioner. to dismiss the application on the ground
that the property sought to be registered
Office of the Acting Solicitor General being a public road intended for public
Hugo E. Gutierrez, Jr., Assistant use is considered part of the public
Solicitor General Octavio R. Ramirez domain and therefore outside the
and Trial Attorney David R. Hilario for commerce of man. Consequently, it
respondents. . cannot be subject to registration by any
private individual.5

After hearing the parties, on October 11,


CONCEPCION, Jr., J.: 1974 the trial court issued an order
dismissing the petitioner's application for
This is a petition for the review of the registration of title.6 Hence, the instant
order of the Court of First Instance of petition for review.
Cebu dismissing petitioner's application
for registration of title over a parcel of For the resolution of this case, the
land situated in the City of Cebu. petitioner poses the following questions:

The parcel of land sought to be (1) Does the City Charter


registered was only a portion of M. of Cebu City (Republic Act
Borces Street, Mabolo, Cebu City. On No. 3857) under Section
September 23, 1968, the City Council of 31, paragraph 34, give the
Cebu, through Resolution No. 2193, City of Cebu the valid right
approved on October 3, 1968, declared
to declare a road as 5. So it is, that appellant
abandoned? and may not challenge the city
council's act of
(2) Does the declaration of withdrawing a strip of
the road, as abandoned, Lapu-Lapu Street at its
make it the patrimonial dead end from public use
property of the City of and converting the
Cebu which may be the remainder thereof into an
object of a common alley. These are acts well
contract? within the ambit of the
power to close a city
(1) The pertinent portions of the Revised street. The city council, it
Charter of Cebu City provides: would seem to us, is the
authority competent to
Section 31. Legislative determine whether or not a
Powers. Any provision of certain property is still
law and executive order to necessary for public use.
the contrary
notwithstanding, the City Such power to vacate a
Council shall have the street or alley is
following legislative discretionary. And the
powers: discretion will not ordinarily
be controlled or interfered
xxx xxx xxx with by the courts, absent
a plain case of abuse or
(34) ...; to close any city fraud or collusion.
road, street or alley, Faithfulness to the public
boulevard, avenue, park or trust will be presumed. So
square. Property thus the fact that some private
withdrawn from public interests may be served
servitude may be used or incidentally will not
conveyed for any purpose invalidate the vacation
for which other real ordinance.
property belonging to the
City may be lawfully used (2) Since that portion of the city street
or conveyed. subject of petitioner's application for
registration of title was withdrawn from
From the foregoing, it is undoubtedly public use, it follows that such
clear that the City of Cebu is withdrawn portion becomes patrimonial
empowered to close a city road or property which can be the object of an
street. In the case of Favis vs. City of ordinary contract.
Baguio,7 where the power of the city
Council of Baguio City to close city Article 422 of the Civil Code expressly
streets and to vacate or withdraw the provides that "Property of public
same from public use was similarly dominion, when no longer intended for
assailed, this court said: public use or for public service, shall
form part of the patrimonial property of
the State."

Besides, the Revised Charter of the City


of Cebu heretofore quoted, in very clear
and unequivocal terms, states that:
"Property thus withdrawn from public
servitude may be used or conveyed for
any purpose for which other real
property belonging to the City may be
lawfully used or conveyed."

Accordingly, the withdrawal of the


property in question from public use and
its subsequent sale to the petitioner is
valid. Hence, the petitioner has a
registerable title over the lot in question.

WHEREFORE, the order dated October


11, 1974, rendered by the respondent
court in Land Reg. Case No. N-948,
LRC Rec. No. N-44531 is hereby set
aside, and the respondent court is
hereby ordered to proceed with the
hearing of the petitioner's application for
registration of title.

SO ORDERED.

Makalintal, C.J, Fernando, Barredo and


Aquino, JJ., concur.

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