Dear Atty. Kathy,   

I live in an exclusive, private subdivision. I saw an announcement by our homeowners’ association that the local government has a project for improvement of the open spaces and roads within our subdivision. I am wary of this project because public funds will be used for a private subdivision. I asked one of the directors of the homeowners’ association, and he said, the local government is the automatic owner of open spaces and road lots in our private subdivision. Is this correct?

Andrea

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Dear Andrea,

As ruled by the Supreme Court, a local government unit cannot automatically claim ownership of open spaces and road lots in subdivisions as the property remains private, until there is proof as to a transfer effected to the local government, whether by donation, purchase or expropriation. The transfer of ownership of such properties from the subdivision owner or developer to the local government is not automatic but requires a positive act from the owner or developer before the local government can acquire dominion over the subdivision’s open spaces.

If the local government does own such open spaces and road lots in order to justify its expenditure of public funds to develop the subject properties, the local government must show that there was a valid transfer of the property in its favor, such as, through a deed of donation.

To reiterate, delineated roads and streets, whether part of a subdivision or segregated for public use remain private and will remain as such until conveyed to the government by donation or through expropriation proceedings. An owner may not be forced to donate his or her property even if it has been delineated as road lots because that would partake of an illegal taking.

Thus, it is incorrect to say that the local government has automatic ownership over the open spaces and road lots in your subdivision.

(Quezon City Government vs Rainier L. Madrid, G.R. No. 268254, 2 April 2025)

 Atty. Kathy Larios