Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
HELD:
The portion of the city street subject to petitioner s application for r
egistration of title was withdrawn from public use.
Then it follows
that such withdrawn portion becomes patrimonial property of the State.
It is also very clear from the Charter that property thus withdrawn from pub
lic servitude may be used or conveyed for any purpose for which other
real property belonging to the City may be lawfully used or conveyed.
or
FACTS: In 1968, a terminal portion of a street in Cebu was excluded in the city s
development plan hence the council declared it as abandoned and was subsequently
opened for public bidding. Cebu Oxygen & Acetylene Co., Inc. was the highest bi
dder at P10,800.00. Cebu Oxygen applied for the land s registration before CFI Ce
bu but the provincial fiscal opposed it, so did the court later through Judge Pa
scual Bercilles, as it was ruled that the road is part of the public domain henc
e beyond the commerce of man.
ISSUE: Whether or not Cebu Oxygen can validly own said land.
HELD: Yes. Under Cebu s Charter (RA 3857), the city council may close any city road
, street or alley, boulevard, avenue, park or square. Property thus withdrawn fr
om 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. Since that port
ion of the city street subject of Cebu Oxygen s application for registration of ti
tle was withdrawn from public use, it follows that such withdrawn portion become
s patrimonial property which can be the object of an ordinary contract.
Article 422 of the Civil Code expressly provides that Property of public dominion
, when no longer intended for public use or for public service, shall form part
of the patrimonial property of the State.
MUNICIPALITY OF SAN MIGUEL, BULACAN,
petitioner,vs.
HONORABLE OSCAR C. FERNANDEZ,