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    Albon Vs Fernando GR 148357 June 30

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    Jerry Cane
    The court case involved a taxpayer's suit challenging a city ordinance that used public funds to widen, clear, and repair sidewalks within a private subdivision. The trial and appellate courts upheld the ordinance, finding the sidewalks were public. However, the Supreme Court remanded the case, noting ownership of subdivision sidewalks belongs to the developer until donated or acquired by the government. It directed the lower court to determine if the subdivision owner retained control of the sidewalks or donated them, and if public has full access, before validating the spending.

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    Albon Vs Fernando GR 148357 June 30

    Uploaded by

    Jerry Cane
    337 views2 pages
    The court case involved a taxpayer's suit challenging a city ordinance that used public funds to widen, clear, and repair sidewalks within a private subdivision. The trial and appellate courts upheld the ordinance, finding the sidewalks were public. However, the Supreme Court remanded the case, noting ownership of subdivision sidewalks belongs to the developer until donated or acquired by the government. It directed the lower court to determine if the subdivision owner retained control of the sidewalks or donated them, and if public has full access, before validating the spending.

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    Albon vs Fernando GR 148357 June 30

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    The court case involved a taxpayer's suit challenging a city ordinance that used public funds to widen, clear, and repair sidewalks within a private subdivision. The trial and appellate courts upheld the ordinance, finding the sidewalks were public. However, the Supreme Court remanded the case, noting ownership of subdivision sidewalks belongs to the developer until donated or acquired by the government. It directed the lower court to determine if the subdivision owner retained control of the sidewalks or donated them, and if public has full access, before validating the spending.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    337 views2 pages

    Albon Vs Fernando GR 148357 June 30

    Uploaded by

    Jerry Cane
    The court case involved a taxpayer's suit challenging a city ordinance that used public funds to widen, clear, and repair sidewalks within a private subdivision. The trial and appellate courts upheld the ordinance, finding the sidewalks were public. However, the Supreme Court remanded the case, noting ownership of subdivision sidewalks belongs to the developer until donated or acquired by the government. It directed the lower court to determine if the subdivision owner retained control of the sidewalks or donated them, and if public has full access, before validating the spending.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Albon vs Fernando GR 148357 June 30, 2006

    MATERIAL FACTS:
    1. The city of Marikina undertook a public works project to widen, clear and repair the existing
    sidelwalks of Marikina Greenheights subdivision.
    2. It was undertaken by the city government pursuant to Ordinance No. 59, s. 19933 like other
    infrastructure projects relating to roads, streets and sidewalks previously undertaken by the city.
    3. The petitioner filed with the RTC of Marikina a taxpayer’s suit for certiorari, prohibition and injuction
    with damages against the respondent. He claimed that it was unconstitutional and unlawful for the
    respondent to use governmental equipment and property and to disburse public funds for the benefit of
    that private subdivision and that they violated the constitutional proscription against the use of public
    funds for private purposes as well as some sections 335 and 336 of RA 7160. However such petition was
    denied.
    4. The trial court dimissed the petition and ruled that the city of Marikina was authorized to carry out
    the contested undertaking pursuant to its inherent police power and that the roads and sidewalks inside
    the subdivision were deemed public property.
    4. The petitioner appealed but the appelleate court sustained the ruling of the trial court and that such
    ordinance 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 ollowing the 1991 White Plains Association decision.
    5. Hence this petition.

    ISSUE:
    May a local government unit (LGU) validly use public funds to undertake the widening, repair and
    improvement of the sidewalks of a privately-owned subdivision?

    HELD:

    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 (which amended PD 957) declares that open
    spaces, 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.

    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.
    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 acquired by the government through
    expropriation.

    Whether V.V. Soliven, Inc. has retained ownership of the open spaces and sidewalks or has already
    donated them to the City of Marikina, and whether the public has full and unimpeded access to the
    roads 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.

    THE CASE IS HEREBY REMANDED TO THE RTC FOR 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.

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