G.R. No. 268254 - QUEZON CITY GOVERNMENT, VS. RAINIER L. MADRID,*.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly amended. Section 3. This ordinance shall take effect upon its approval. [19] (Emphasis supplied) Notably, CPHS's subdivision plan was approved on August 18, 1969. [20] Madrid argued that no proof was presented by CPHS's developer, VV Soliven, to show compliance with the ordinances and demonstrate how such property was transferred to the QC government. In the absence of a donation, sale, or expropriation, the spending of public funds for the beautification of the open spaces and road lots by Bautista and the city officials would be unjustified. [21] Likewise, Madrid pointed out the unilateral acts of CPHAI in enforcing its full ownership, dominance, and control over CPHS's road lots and vacant spaces, particularly in the fencing of the parish's parking lot and constructing a roadblock, expanding the parish building, constructing a new guardhouse, imposing a curfew, reportedly collecting road fees from passersby, and illegally collecting association dues from CPHS's members for the parish's maintenance. [22] In defense, the QC government countered that the contested areas in CPHS were already public property as the open spaces and road lots were turned over by VV Soliven to the QC government through the ordinances. Hence, it did not matter that public funds were spent to improve them. [23] For its part, CPHAI averred that it passed a Board Resolution stating that the subject properties were deemed donated by VV Soliven to the QC government. [24] Notably, in the same Board Resolution, CPHAI admitted that they were not provided with a copy of the deed of donation between the parties: WHEREAS , CPHAI has always been aware of and aligned with the law, specifically PD 957 and PD 1216 regarding subdivision owners/developers who have to provide road alleys, sidewalks, and reserve an open space for parks and recreational use. WHEREAS , the developer of CPH, namely VV Soliven Corp. has not provided CPHAI copy of the Deed of Donation to the Quezon City government of CPH roads, alleys, sidewalks, and open space in spite of repeated requests by CPHAI, but, in view of the law (PD 957, Sec. 20) which mandates that developers shall have one year from the issuance of its license to complete subdivision development after which said developer should. donate the roads, alleys, sidewalks, and open space to the city or municipality (PD 1216 Sec. 2 amending PD 957 Sec. 31), this deadline long past, CPHAI presumes that such a requirement of donation has been complied with by the developer after all these years and that the Quezon [C]ity government has taken over. THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED BY THE CPHAI: THAT the roads, alleys, and sidewalks of CPHAI are deemed donated to the Quezon City government by the developer who completed this subdivision project many decades ago and the Quezon City government has duly taken over these roads, alleyways, and sidewalks; THAT, the park and playgrounds are prayed for to be donated back to CPHAI by th