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CITY OF MANDALUYONG v. AGUILAR

This case has been cited 2 times or more.

2009-03-13
AUSTRIA-MARTINEZ, J.
R. A. No. 7279 provides for the procedure to be undertaken by the concerned local governments in the urban land development process, to wit:  conduct an inventory of all lands and improvements within their respective localities, and in coordination with the National Housing Authority, the Housing and Land Use Regulatory Board, the National Mapping Resource Information Authority, and the Land Management Bureau; identify lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in the urban areas; acquire the lands; and dispose of said lands to the beneficiaries of the program.[20]  While there is a Certification that the area bounded by E. Rodriguez, Victoria Avenue, San Juan River and 10th Street of Barangay. Damayang Lagi, Quezon City is included in the list of Areas for Priority Development under Presidential Proclamation No. 1967,[21] there is no showing that the property has already been acquired by the local government for this purpose; or that petitioners have duly qualified as beneficiaries.
2008-01-22
YNARES-SATIAGO, J.
Under a co-ownership, the ownership of an undivided thing or right belongs to different persons. During the existence of the co-ownership, no individual can claim title to any definite portion of the community property until the partition thereof; and prior to the partition, all that the co-owner has is an ideal or abstract quota or proportionate share in the entire land or thing.[11] Before partition in a co-ownership, every co-owner has the absolute ownership of his undivided interest in the common property. The co-owner is free to alienate, assign or mortgage this undivided interest, except as to purely personal rights. The effect of any such transfer is limited to the portion which may be awarded to him upon the partition of the property.[12]