Date of Publication

2009

Document Type

Master's Thesis

Degree Name

Master of Business Administration

Subject Categories

Property Law and Real Estate

College

Ramon V. Del Rosario College of Business

Department/Unit

Management and Organization

Thesis Adviser

Roderick R.C. Salazar, III

Defense Panel Chair

Antonio V. Concepcion

Defense Panel Member

Antonio Panderanga
Jarie R. Osias

Abstract/Summary

“Property and law are born together, and die together. Before laws were made there was no property; take away laws and property ceases.” (Bentham, 1887)

The question of what is public and private property has long plagued our judicial system. As early as 1909 (Cariño v. Insular Government, 1909), disputes as to ownership of property had existed. This persisted even up till now with the recent decisions of the Supreme Court in 2004 (Dueñas v. Santos Subdivision Homeowners Association, 2004) and in 2006 (Aniano Albon v. Bayani Fernando, 2006). The recent decisions particularly deal with a provision stated under Presidential Decree No. 1216 wherein donation of roads, alleys, sidewalks and open spaces within the subdivision has been mandated. Despite these rulings however, little is known as to the extent of the application of this provision and its possible consequences after its implementation. The Supreme Court had ruled that such exercise is police power but the proponent suggest it is eminent domain that lacks the requisite of compensation. Although a gray area exists what power is being exercised by the government, it is clear that property may not be “regulated” in the guise of police power if such regulation amounts to taking and therefore requiring payment of just compensation. The immediate objectives of this study is to determine the validity of the aforesaid provision in P.D. 1216 and the alternative courses of action that can be taken in order to solve this particular problem. A law’s validity is determined by the concurrence of requisites as laid down by laws and current jurisprudence. The alternative courses of action will be determined through the use of Kepner-Tregoe decision analysis. The result of this study will provide answers to the elusive questions pertaining to the effects of the donation and the rights and obligations appurtenant thereto.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

CDTG004437

Shelf Location

Archives, The Learning Commons, 12F Henry Sy Sr. Hall

Physical Description

86 leaves

Keywords

Open spaces—Law and legislation—Philippines; Government property—Philippines; Gifts—Law and legislation—Philippines

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4-5-2022

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