Manila Lodge No. 761 vs Ca

MANILA LODGE NO. 761 vs CA ARTICLE 1431 MANILA LODGE NO. 761, BENEVOLENT AND PROTECTIVE ORDER OF THE ELKS, INC. , petitioner, vs. THE HONORABLE COURT OF APPEALS, CITY OF MANILA, and TARLAC DEVELOPMENT CORPORATION, respondents. (G. R. No. L-41001 September 30, 1976) TARLAC DEVELOPMENT CORPORATION, petitioner, vs. HONORABLE COURT OF APPEALS, CITY OF MANILA, LODGE NO. 761, BENEVOLENT AND PROTECTIVE ORDER OF ELKS, INC. , respondents. (No. L-41012 September 30, 1976) |THE CASE two circumstances are petitions on certiorari to evaluation the choice dated June 30, 1975 of the Court docket of Appeals that the property topic is a "public park or| |plaza. | |FACTS | |On June 26, 1905 the Philippine Fee enacted Act No. l360 which licensed the Metropolis of Manila to reclaim a portion of Manila Bay. The reclaimed space was | |to type a part of the Luneta extension. | |Subsequently, the Philippine Fee handed on Might 18, 1907 Act No. 1657, amending Act No. 1360, in order to authorize the Metropolis of' Manila both to lease or to| |promote the portion put aside as a resort web site. |On July 13, 1911 the Metropolis of Manila, affirming a previous sale dated January 16, 1909 cancelled 5,543. 07 sq. meters of the reclaimed space to the Manila Lodge | |No. 761, Benevolent and Protecting Order of Elks of the U. S. A. | |Manila Lodge No. 761, BPOE, subsequently bought the stated 5,543. 07 sq. meters to the Elks Membership, Inc. The registered proprietor, "The Elks Membership, Inc. ," was later | |modified by courtroom oder to "Manila Lodge No. 761, Benevolent and Protecting Order of Elks, Inc. | |In January 1963 the BPOE. petitioned the Court docket of First Occasion for the cancellation of the best of the Metropolis of Manila to repurchase the property. GRANTED | |On November 19, 1963 the BPOE bought the land to Tarlac Improvement Company (TDC). | |In June 1964 the Metropolis of Manila filed with the Court docket of First Occasion of Manila a petition for the reannotation of its proper to repurchase. | |RTC RULING the topic land to be a part of the "public park or plaza" and, subsequently, a part of the general public area. The courtroom consequently declared that the sale of| |the topic land by the Metropolis of Manila to Manila Lodge No. 761, BPOE, was null and void; that plaintiff TDC was a purchaser thereof in g religion and for worth | |from BPOE and might implement its rights in opposition to the latter. | |CA RULING AFFIRMED the decrease courtroom's determination. | |ISSUE | |WON the topic property was patrimonial property of the Metropolis of Manila and never a park or plaza. NO | |WON the Metropolis of Manila is estopped from questioning the validity of the sale it execute, conconveying the topic property to the Manila Lodge No. 761, BPOE. NO| |SC RULING We maintain that it's of public dominion, meant for public use. When the shore or a part of the bay is reclaimed, it doesn't lose its character of | |being property for public use. | | | |It's not essential, subsequently, that a plaza be already constructed of- laid out as a plaza so that it's thought of property for public use. It's | |adequate that it's meant to be such Within the case at bar, it has been proven that the intention of the lawmaking physique in giving to the Metropolis of Manila the | |extension to the Luneta was not a grant to it of patrimonial property however a grant for public use as a plaza. | | | |We've got demonstrated advert satietatem that the Luneta extension as meant to be property of the Metropolis of Manila for public use. The conversion of the stated | |property into patrimonial property is throughout the government's and probably the laws division's authority and the ability to make the declaration that | |stated property, is not required for public use, and till such declaration i made the property should proceed to type paint of the general public area. Within the | |case at bar, there was no such express or unequivocal declaration. | | | |TDC lastly claims that the Metropolis of Manila is estopped from questioning the validity of the sale it xecuted on July 13,'1911 conconveying the topic property | |to the Manila Lodge No. 761, BPOE. This competition can't be significantly defended within the gentle of the doctrine repeatedly enunciated by this Court docket that the | |Authorities is rarely estopped by errors or errors on the pan of its brokers, and estoppel doesn't apply to a municipal company to validate a contract that | |is prohibited by legislation or its in opposition to Republic coverage, and the sale of July 13, 1911 executed by the Metropolis of Manila to Manila Lodge was definitely a contract | |prohibited by legislation. Furthermore, estoppel can't be urged even when the Metropolis of Manila accepted the advantages of such contract of sale and the Manila Lodge No. 761 had| |carried out its a part of the settlement, for to use the doctrine of estoppel in opposition to the Metropolis of Manila on this case could be tantamount to enabling it to do | |not directly what it couldn't do straight. | | | |The sale of the topic property executed by the Metropolis of Manila to the Manila Lodge No. 61, BPOE, was void and inexistent for lack of subject material. It | |suffered from an incurable defect that would not be ratified both by lapse of time or by specific ratification. The Manila Lodge No. 761 subsequently acquired no | |proper by advantage of the stated sale. Therefore to think about now the contract inexistent because it all the time has seen, can't be, as claimed by the Manila Lodge No. 761, an | |impairment of the obligations of contracts, for there was it, contemplation of legislation, no contract in any respect. | | |The inexistence of stated sale might be arrange in opposition to anybody who asserts a proper arising from it, not solely in opposition to the primary vendee, the Manila Lodge No. 761, | |BPOE, but in addition in opposition to all its suceessors, together with the TDC which aren't protected the doctrine of bona fide ii purchaser with out discover, being claimed by the| |TDC doesn't apply the place there's a complete absence of title within the vendor, and the great religion of the purchaser TDC can not create title the place none exists. |
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