Homeowners lose road lot rights case-A A +A
Sunday, October 6, 2013
THE Cebu City Government retained the ownership of the road lots in a subdivision in Banawa in Barangay Guadalupe.
This, after the Court of Appeals (CA) denied the move of the homeowners association in Bentley Estate Subdivision to declare as null and void the donation of the said roads to the City in 2002.
The appellate court upheld the Regional Trial Court (RTC) Branch 19’s 2008 ruling which states that the donation of the road lots by the subdivision’s owner Roberto Lozada to the City was binding and valid.
The association wanted the court to declare as null and void the donation, saying that converting the subdivision’s roads to public roads would cause “grave and irreparable injury” since it will destroy the peace and security of the residents in the area.
They said it is a change in the subdivision plans.
Aside from this, the association said they were not notified when Lozada donated the
road lots to the City.
In its Sept. 5 10-page decision, however, the CA said the appeal of the homeowners association is “not meritorious.”
This is because Lozada’s donation of the roads to the City is in compliance with Presidential Decree (PD) 957 or The Subdivision and Condominium Buyers’s Protective Decree as amended.
Section 31 of the said law mandates the subdivision’s developer to donate the roads and open spaces found within the project to the city or municipality where the project is located.
“The law is clear, hence there is no other recourse but to apply it,” the CA said.
The CA said the association failed to persuade them on their contention that the conversion of the subdivision’s roads to public roads will compromise their safety and that they were not informed of the donation.
“The donation of the road lots to the City neither requires the knowledge nor the consent of the association. Lozada, being the owner of these road lots, has the right to dispose such properties,” the decision added.
Change of ownership
The CA also did not buy the association’s argument that Lozada altered the subdivision’s plan when it donated the road lots to the City.
“It was merely an alteration of ownership over such roads,” the court said.
A copy of the CA’s decision has already been given to the City Government and to the homeowners association.
Published in the Sun.Star Cebu newspaper on October 07, 2013.