PIO SAN MELIZZA vs CITY OF ILOILO Case Digest


TITLE

Pio San Melizza, petitioner, vs. City of Iloilo, University of the Philippines and The Court Appeals, respondents.



FACTS


Juliana Melliza a land with a total area of Lot No. 1214 was 29,073 square meters. She donated part of the land to the City of Iloilo and sold the remaining part to Remedios Sian Villanueva. Remedios in turn on November 4, 1946 transferred her rights to said portion of land to Pio Sian Melliza, who obtained Transfer Certificate of Title No. 2492 thereover in his name. On December 10, 1955 Pio Sian Melliza filed an action in the Court of First Instance of Iloilo against Iloilo City and the University of the Philippines for recovery of Lot 1214-B or of its value.  The defendants answered, contending that Lot 1214-B was included in the public instrument executed by Juliana Melliza in favor of Iloilo municipality in 1932. After stipulation of facts and trial, the Court of First Instance rendered its decision on August 15, 1957, dismissing the complaint.



Pio Sian Melliza appealed to the Court of Appeals. In its decision on May 19, 1965, the Court of Appeals affirmed the interpretation of the Court of First Instance, that the portion of Lot 1214 sold by Juliana Melliza was not limited to the 10,788 square meters specifically mentioned but included whatever was needed for the construction of avenues, parks and the city hall site. Nonetheless, it ordered the remand of the case for reception of evidence to determine the area actually taken by Iloilo City for the construction of avenues, parks and for city hall site.  The decision appealed from is affirmed in so far as it affirms that of the Court of First Instance, and the complaint in this case is dismissed.


ISSUE


Whether or not Pio San Melizza has the right to claim the portion of the lot 1214 that has been donated  by Julianna Melizza to the City of Iloilo.


HELD


No.It is clear and annotated in the back of the title of Lot 1214 which Pio San Melizza has acquired from Remedios Sian Villanueva that a portion of 10,788 square meters of Lot 1214 now designated as Lots Nos. 1214-B-2 and 1214-B-3 of the subdivision plan belongs to the Municipality of Iloilo as per instrument dated November 15, 1932. The City of Iloilo has the full ownership with the said part of the Lot 1214 and has the right to donate it to whomever they wish to award it. The court ruled that the instrument executed by Juliana Melliza in favor of Iloilo municipality included in the conveyance Lot 1214-B. In support of this conclusion, it referred to the portion of the instrument stating and ruled that this meant that Juliana Melliza not only sold Lots 1214-C and 1214-D but also such other portions of lots as were necessary for the municipal hall site, such as Lot 1214-B. And thus it held that Iloilo City had the right to donate Lot 1214-B to the U.P.

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