MANILA — The Supreme Court (SC) has ruled that the donation of subdivision land to a local government unit (LGU) must be in writing for ownership to be transferred.

In a decision penned by Associate Justice Jhosep Y. Lopez, the SC’s Second Division held that the Quezon City government failed to prove that open spaces and road lots in Capital Park Homes Subdivision (CPHS) had been donated to the city for public use.

The case stemmed from a petition filed by Rainier L. Madrid, a Quezon City taxpayer and resident of nearby Capital Homes Subdivision, who questioned the use of public funds to improve the properties. Madrid argued that the spaces were still privately owned since developer VV Soliven did not present proof of donation to the LGU.

The city government maintained that subdivisions were required under Ordinance No. 5852, Series of 1964, to dedicate 6% of open spaces for public use and turn these over to the city before plan approval. CPHS’ subdivision plan was approved in 1969, which the LGU claimed showed compliance.

Meanwhile, Capital Park Homeowners Association, Inc. (CPHAI) admitted that no deed of donation exists but pointed to a board resolution stating that the properties were donated to the city. It also questioned Madrid’s standing to file the case.

The Regional Trial Court earlier dismissed the petition, but the Court of Appeals reversed the ruling and said the areas remain private property as there was no valid donation. The SC affirmed this decision, stressing that LGUs must prove valid transfer of property in their favor through a written deed of donation and proof of acceptance.

The high court clarified that open spaces and road lots in subdivisions do not automatically become government property and cannot be claimed by LGUs without a written donation.