August 29, 1975
FACTS:
In 1968, the City Council of Cebu, through Resolution No. 2193, declared the terminal portion of M. Borces Street, Mabolo, Cebu City, as an abandoned road. Subsequently, the City Council passed Resolution No. 2755, authorizing the Acting City Mayor to sell the land through a public bidding.
Cebu Oxygen & Acetylene Co. was awarded the land as the highest bidder. City Council of Cebu executed a deed of absolute sale.
Cebu Oxygen then filed an application for the registration of title, which the CFI of Cebu dismissed. The dismissal was upon the motion of the Assistant Provincial Fiscal of Cebu, who argued that the property sought to be registered was a public road intended for public use and so considered part of the public domain and therefore outside the commerce of man.
ISSUE:
Whether the declaration of a road as abandoned by the City Council of Cebu had the effect of turning the same into a patriomonial property of the City. -- YES.
HELD:
Further, the City Charter of Cebu City specifically says that the subject property “may be used or conveyed for any purpose for which other real property belonging to the City may be lawfully used or conveyed.”
The power of the City Council of Cebu to make such a declaration is found in its Charter. The statute clearly says that the City of Cebu is empowered to close a city road or street. This was also justified by the Court’s decision in Favis v City of Baguio, where the Court held that “appellant may not challenge the city council's act of withdrawing a strip of Lapu-Lapu Street at its dead end from public use and converting the remainder thereof into an alley. These are acts well within the ambit of the power to close a city street. The city council, it would seem to us, is the authority competent to determine whether or not a certain property is still necessary for public use.”