Cebu Oxygen and Acetylene Co., Inc. v. Bercilles

L-40474, August 29, 1975

FACTS: The City Council of Cebu, in 1968, considered as an abandoned road, the terminal portion of one of its streets. Later it authorized the sale through public bidding of the property. The Cebu Oxygen and Acetylene Co. was able to purchase the same. It then petitioned the RTC of Cebu for the registration of the land. The petition was opposed by the Provincial Fiscal (Prosecutor) who argued that the lot is still part of the public domain, and cannot therefore be registered. 

ISSUE: May the lot be registered in the name of the buyer? 

HELD: Yes, the land can be registered in the name of the buyer, because the street in question has already been withdrawn from public use, and accordingly has become patrimonial property. The sale of the lot was therefore valid.