Albon Vs Fernando
Albon Vs Fernando
Albon Vs Fernando
Thereafter, petitioner elevated the case to the Court of Appeals via a petition for certiorari, prohibition,
injunction and damages. On December 22, 2000, the appellate court sustained the ruling of the trial
court and held that Ordinance No. 59, s. 1993, was a valid enactment. The sidewalks of Marikina
Greenheights Subdivision were public in nature and ownership thereof belonged to the City of Marikina
or the Republic of the Philippines following the 1991 White Plains Association decision. Thus, the
improvement and widening of the sidewalks pursuant to Ordinance No. 59, s. 1993 was well within the
LGU's powers. On these grounds, the petition was dismissed.
Petitioner moved for reconsideration of the appellate court's decision but it was denied. Undaunted, he
instituted this petition.
Like all LGUs, the City of Marikina is empowered to enact ordinances for the purposes set forth in the
Local Government Code (RA 7160). It is expressly vested with police powers delegated to LGUs under
the general welfare clause of RA 7160.[8] With this power, LGUs may prescribe reasonable regulations
to protect the lives, health, and property of their constituents and maintain peace and order within their
respective territorial jurisdictions.[9]
Cities and municipalities also have the power to exercise such powers and discharge such functions and
responsibilities as may be necessary, appropriate or incidental to efficient and effective provisions of the
basic services and facilities, including infrastructure facilities intended primarily to service the needs of
their residents and which are financed by their own funds.[10] These infrastructure facilities include
municipal or city roads and bridges and similar facilities.[11]
There is no question about the public nature and use of the sidewalks in the Marikina Greenheights
Subdivision. One of the "whereas clauses" of PD 1216[12] (which amended PD 957[13]) declares that
open spaces,[14] roads, alleys and sidewalks in a residential subdivision are for public use and beyond
the commerce of man. In conjunction herewith, PD 957, as amended by PD 1216, mandates subdivision
owners to set aside open spaces which shall be devoted exclusively for the use of the general public.
Thus, the trial and appellate courts were correct in upholding the validity of Ordinance No. 59, s. 1993. It
was enacted in the exercise of the City of Marikina's police powers to regulate the use of sidewalks.
However, both the trial and appellate courts erred when they invoked our 1991 decision in White Plains
Association and automatically applied it in this case.
This Court has already resolved three interrelated White Plains Association cases:[15] (1) G.R. No.
55685[16] resolved in 1985; (2) G.R. No. 95522[17] decided in 1991 and (3) G.R. No. 128131[18]
decided in 1998.
The ruling in the 1991 White Plains Association decision relied on by both the trial and appellate courts
was modified by this Court in 1998 in White Plains Association v. Court of Appeals.[19] Citing Young v.
City of Manila,[20] this Court held in its 1998 decision that subdivision streets belonged to the owner until
donated to the government or until expropriated upon payment of just compensation.
The word "street," in its correct and ordinary usage, includes not only the roadway used for carriages
and vehicular traffic generally but also the portion used for pedestrian travel.[21] The part of the street
set aside for the use of pedestrians is known as a sidewalk.[22]
Moreover, under subdivision laws,[23] lots allotted by subdivision developers as road lots include roads,
sidewalks, alleys and planting strips.[24] Thus, what is true for subdivision roads or streets applies to
subdivision sidewalks as well. Ownership of the sidewalks in a private subdivision belongs to the
subdivision owner/developer until it is either transferred to the government by way of donation or
and sidewalks of Marikina Greenheights Subdivision, are factual matters. There is a need for the prior
resolution of these issues before the validity of the challenged appropriation and expenditure can be
determined.
WHEREFORE, this case is hereby ordered REMANDED to the Regional Trial Court of Marikina City for
the reception of evidence to determine (1) whether V.V. Soliven, Inc. has retained ownership of the open
spaces and sidewalks of Marikina Greenheights Subdivision or has donated them to the City of Marikina
and (2) whether the public has full and unimpeded access to, and use of, the roads and sidewalks of the
subdivision. The Marikina City Regional Trial Court is directed to decide the case with dispatch.
SO ORDERED.
RENATO C. CORONA
Associate Justice
WE CONCUR:
REYNATO S. PUNO
Acting Chief Justice
Chairperson
(On Official Business)
ANGELINA SANDOVAL-GUTIERREZ ADOLFO S. AZCUNA
Associate Justice Associate Justice
CANCIO C. GARCIA
Associate Justice
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above
resolution had been reached in consultation before the case was assigned to the writer of the opinion of
the Court's Division.
REYNATO S. PUNO
Acting Chief Justice
-------------------------------------------------------------------------------* Acting Chief Justice.
** On official business.
[1] Under Rule 45 of the Rules of Court.
[2] Penned by Associate Justice Ramon A. Barcelona and concurred in by Associate Justices Rodrigo V.
Cosico and Bienvenido L. Reyes of the Tenth Division of the Court of Appeals; rollo, pp. 44-51.
[3] Otherwise known as "An Ordinance Regulating the Use of the Streets and Sidewalks in the
Municipality of Marikina."
[4] Constitution, Article VI, Sec. 9.
[5] Otherwise known as the "Local Government Code of 1991."
[6] Penned by Judge Olga Palanca Enriquez.
[7] G.R. No. 95522, 07 February 1991, 193 SCRA 765. In particular, the Court of Appeals invoked the
following statement in the 1991 White Plains Association decision:
When [a strip of land] was withdrawn from the commerce of man as the open space required by law to
be devoted for the use of the general public, its ownership was automatically vested in the [LGU] and/or
the Republic of the Philippines, without need of paying any compensation to [the developer], although it
is still registered in the latter's name. Its donation by the owner/developer is a mere formality.
[8] SEC. 61. General Welfare. - Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for the
efficient and effective governance, and those which are essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local government units shall ensure and support, among
other things, the preservation and enrichment of culture, promote health and safety, enhance the right of
the people to a balanced ecology, encourage and support the development of appropriate and
self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity
and social justice, promote full employment among their residents, maintain peace and order, and
preserve the comfort and convenience of their inhabitants.
[9] Batangas CATV, Inc. v. Court of Appeals, G.R. No. 138810, 29 September 2004, 439 SCRA 326.
[10] RA 7160, Section 17.
[11] Id., paragraphs (b)(2)(viii) and (b)(4).
[12] Defining "Open Space" in Residential Subdivisions and Amending Section 31 of PD 957 Requiring
Subdivision Owners to Provide Roads, Alleys, Sidewalks and Reserve Open Space for Parks or
Recreational Use.
[13] Regulating the Sale of Subdivision Lots and Condominiums, Providing Penalties for Violations
Thereof.
[14] Open space shall mean an area reserved exclusively for parks, playgrounds, recreational uses, and
other similar facilities and amenities. (Section 4[c], Rule III, HSRC Administrative Order No. 82-01, also
known as the "Rules and Regulations Implementing Sec. 31 of PD 957, as amended by PD 1216.")
[15] All three cases relate to Road Lot 1 or the proposed portion of Katipunan Avenue supposed to pass
through the White Plains Subdivision.
[16] White Plains Association v. Court of Appeals and Quezon City Development Corporation. In its
resolution dated November 14, 1985, the Court en banc dismissed the petition. The Court ruled that
Road Lot 1 was withdrawn from the commerce of man and should be developed for the use of the
general public.
[17] White Plains Association, Inc. v. Legaspi, Quezon City Development Corporation, et al., supra at
note 7. The Court reiterated the doctrine that Road Lot 1 had been withdrawn from the commerce of man,
thus constituting it as part of mandatory open space reserved for public use.
[18] White Plains Association v. Court of Appeals, 08 October 1998, 297 SCRA 547.
[19] Id.
[20] 73 Phil. 537 (1941).
[21] Government of the Philippine Islands v. Derham Brothers, 36 Phil. 960 (1917).
[22] Id.
[23] PDs 957 and 1216.
[24] They also include the subdivision's gutters, drainage and sewerage. (Section 4[d], Rule III, HSRC
Administrative Order No. 82-01).
[25] Section 305(b), RA 7160.
[26] 110 Phil. 331 (1960).
[27] Id.
[28] Id.
[29] Id.
[30] Supra at note 20.
[31] Section 9, Rule IV, HSRC Administrative Order No. 82-01 (Rules and Regulations Implementing Sec.
31 of PD 957, as amended by PD 1216).
[32] See Section 17, RA 7160.
[33] See Paragraphs (b)(2)(viii) and (b)(4), Section 17, RA 7160.