Sabado, Disyembre 8, 2012

Salas v. Jarencio
L-29788, August 30, 1972


FACTS: The City of Manila had a Torrens Title over a 7,490-square-meter lot. The municipal Board of Manila requested the President of the Philippines to have the lot declared as patrimonial property of the City so that it could be sold by the City to the actual occupants of the lot. In 1964, Congress enacted Republic Act 4118 whereby the lot was made disposable or alienable land of the State (not of the City), and its disposal was given to a national government entity, the Land Tenure Administration.


ISSUE: Whether or not the act of the National Government in giving the disposal of the lot in question to the Land Tenure Administration can be lawfully done.


HELD: Yes. There being no proof that the lot had been acquired by the City with its own funds, the presumption is that it was given to it by the State IN TRUST for the benefit of the inhabitants. Residual control remained in the State, and therefore the STATE can lawfully dispose of the lot. Thus, Republic Act 4118 is valid and constitutional and this is so even if the City of Manila will receive NO COMPENSATION from the State. 

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