Cebu Oxygen & Acetylene Co. v. Bercilles
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the City of Cebu's authority to declare a portion of M. Borces Street as abandoned and subsequently sell it. The City Council, through Resolution No. 2193, declared the terminal portion of M. Borces Street as an abandoned road, citing its exclusion from the City Development Plan. Following this, Resolution No. 2755 authorized the Acting City Mayor to sell the land via public bidding. Cebu Oxygen & Acetylene Co., Inc. was the highest bidder and purchased the lot for P10,800.00. 2. Procedural History: Following the purchase, Cebu Oxygen & Acetylene Co., Inc. filed an application with the Court of First Instance of Cebu to register its title to the land. The Assistant Provincial Fiscal of Cebu moved to dismiss this application, arguing that the property, being a public road intended for public use, is part of the public domain and thus outside the commerce of man, rendering it ineligible for private registration. The trial court granted this motion and dismissed the application. 3. The Petition: This case is a petition for review of the trial court's order dismissing the application for registration of title. The petitioner raises two main questions: (1) whether the City Charter of Cebu grants the City the valid right to declare a road abandoned, and (2) whether such a declaration makes the road patrimonial property of the City, capable of being the subject of a contract. The petitioner argues that the City Charter empowers the City Council to close city roads and that property withdrawn from public servitude becomes patrimonial property, which can be lawfully conveyed.
Issue(s)
Whether the City Charter of Cebu City (Republic Act No. 3857), under Section 31, paragraph 34, grants the City of Cebu the valid right to declare a road as abandoned. Whether the declaration of a road as abandoned makes it the patrimonial property of the City of Cebu, subject to common contract.
Ruling
The Supreme Court set aside the order of dismissal and ordered the respondent court to proceed with the hearing of the petitioner's application for registration of title.
Ratio Decidendi
On the City's Power to Declare a Road Abandoned: The Court affirmed that the Revised Charter of Cebu City, specifically Section 31, paragraph 34, unequivocally grants the City Council the legislative power to close any city road, street, or alley. This power includes the authority to withdraw property from public servitude. The Court cited the case of Favis vs. City of Baguio, where a similar power of a city council to close and vacate streets was upheld. The Court emphasized that the determination of whether a property is still necessary for public use is within the discretion of the city council, and this discretion will not be ordinarily controlled by courts unless there is a plain case of abuse, fraud, or collusion. Faithfulness to public trust is presumed, and incidental benefit to private interests does not invalidate the action. On Abandonment Converting Property to Patrimonial: The Court held that once a portion of a city street is withdrawn from public use, it becomes patrimonial property. This is in accordance with Article 422 of the Civil Code, which states that property of public dominion, when no longer intended for public use or public service, forms part of the patrimonial property of the State. Furthermore, the Revised Charter of Cebu City explicitly provides that property 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. Therefore, the withdrawal of the road portion from public use and its subsequent sale to the petitioner were deemed valid, making the petitioner entitled to a registerable title.
Main Doctrine
A portion of a city street, once validly declared abandoned and withdrawn from public use by the City Council pursuant to its charter powers, becomes patrimonial property of the city and can be the subject of a valid sale and subsequent registration of title.