SC: Open spaces in subdivisions not govt property without deed of donation

The Supreme Court has clarified that open spaces and road lots within subdivisions are not automatically considered government property without a formal deed of donation.

The Court's Second Division upheld the Quezon City government's failure to prove ownership over common areas in Capital Park Homes Subdivision (CPHS).

This ruling originated from a petition by a Quezon City taxpayer questioning the use of public funds for improvements in CPHS properties, arguing the developer never formally donated these areas.

While a 1964 ordinance mandated developers to allocate land for public use, the Court emphasized that this ordinance does not substitute the necessity of a written deed of donation for legal transfer of ownership.

The Capital Park Homeowners Association acknowledged the absence of a deed of donation, relying instead on a board resolution indicating a supposed turnover.