MANILA LODGE NO. 761 vs CA ARTICLE 1431 MANILA LODGE NO. 761, BENEVOLENT AND PROTECTIVE ORDER OF THE ELKS, INC. , suitor, vs. THE HONORABLE COURT OF APPEALS, CITY OF MANILA, and TARLAC DEVELOPMENT CORPORATION, respondents. (G. R. No. L-41001 September 30, 1976) TARLAC DEVELOPMENT CORPORATION, suitor, vs. HONORABLE COURT OF APPEALS, CITY OF MANILA, LODGE NO. 761, BENEVOLENT AND PROTECTIVE ORDER OF ELKS, INC. , respondents. (No. L-41012 September 30, 1976) |THE CASE two circumstances are supplications on certiorari to re-examination the determination dated June 30, 1975 of the Seek of Appeals that the wealth theme is a “national circle or| |plaza. | |FACTS | |On June 26, 1905 the Philippine Commission independent Act No. l360 which signed the City of Manila to refind a element of Manila Cove. The reformed area was | |to find sever of the Luneta extension. | |Subsequently, the Philippine Commission passed on May 18, 1907 Act No. 1657, intensified Act No. 1360, so as to assign the City of’ Manila either to lease or to| |hawk the element established separate as a tavern position. |On July 13, 1911 the City of Manila, affirming a preceding sale dated January 16, 1909 cancelled 5,543. 07 balance meters of the reformed area to the Manila Lodge | |No. 761, Benevolent and Protective Prescribe of Elks of the U. S. A. | |Manila Lodge No. 761, BPOE, after sold the said 5,543. 07 balance meters to the Elks Club, Inc. The registered possessor, “The Elks Club, Inc. ,” was after | |radical by seek oder to “Manila Lodge No. 761, Benevolent and Protective Prescribe of Elks, Inc. | |In January 1963 the BPOE. supplicationed the Seek of Highest Instance control the cancellation of the correct of the City of Manila to repurchase the wealth. GRANTED | |On November 19, 1963 the BPOE sold the plant to Tarlac Development Confirmation (TDC). | |In June 1964 the City of Manila filed with the Seek of Highest Instance of Manila a supplication control the reannotation of its correct to repurchase. | |RTC RULING the theme plant to be sever of the “national circle or plaza” and, ce-this-reason, sever of the national inclosure.
The seek hence nominal that the sale of| |the theme plant by the City of Manila to Manila Lodge No. 761, BPOE, was ineffectual and bereft; that accuser TDC was a purchaser thereof in g belief and control compute | |from BPOE and can exact its corrects opposing the departure. | |CA RULING AFFIRMED the inferior seek’s determination. | |ISSUE | |WON the theme wealth was patrimonial wealth of the City of Manila and referable a circle or plaza.
NO | |WON the City of Manila is estopped from questioning the security of the sale it complete, conconveying the theme wealth to the Manila Lodge No. 761, BPOE. NO| |SC RULING We delay that it is of national government, adapted control national interpretation. When the bench or sever of the cove is reformed, it does referable risk its capacity of | |being wealth control national interpretation. | | | |It is referable essential, ce-this-reason, that a plaza be already fabricated of- laid extinguished as a plaza in prescribe that it be revolveed wealth control national interpretation.
It is | |equal that it be adapted to be such In the circumstance at arrest, it has been shown that the scheme of the sequencemaking stuff in giving to the City of Manila the | |extension to the Luneta was referable a give to it of patrimonial wealth excluding a give control national interpretation as a plaza. | | | |We possess demonstrated ad satietatem that the Luneta extension as adapted to be wealth of the City of Manila control national interpretation.
The intercharge of the said | |wealth into patrimonial wealth is amid the executive’s and maybe the congress department’s example and the sway to find the profession that | |said wealth, is no longer required control national interpretation, and until such profession i made the wealth must remain to find color of the national inclosure. In the | |circumstance at arrest, there has been no such patent or decisive profession. | | | |TDC finally claims that the City of Manila is estopped from questioning the security of the sale it xecuted on July 13,’1911 conconveying the theme wealth | |to the Manila Lodge No. 761, BPOE. This murmur canreferable be seriously armed in the imponderous of the creed often organic by this Seek that the | |Government is never estopped by mistakes or errors on the pan of its agents, and estoppel does referable perfectot to a urbane confirmation to validate a decrease that | |is prohibited by sequence or its opposing Renational prudence, and the sale of July 13, 1911 completed by the City of Manila to Manila Lodge was positively a decrease | |prohibited by sequence.
Moreover, estoppel canreferable be urged smooth if the City of Manila original the benefits of such decrease of sale and the Manila Lodge No. 761 had| |performed its sever of the harmony, control to perfectot the creed of estoppel opposing the City of Manila in this circumstance would be equipollent to enabling it to do | |interveniently what it could referable do at-once. | | | |The sale of the theme wealth completed by the City of Manila to the Manila Lodge No. 61, BPOE, was bereft and inexistent control withdrawal of theme stuff. It | |suffered from an irremediable omission that could referable be ratified either by onflow of era or by pointed corroboration. The Manila Lodge No. 761 ce-this-reason assumed no | |correct by capacity of the said sale. Hence to revolve now the decrease inexistent as it frequently has seen, canreferable be, as claimed by the Manila Lodge No. 761, an | |decrepitude of the obligations of decreases, control there was it, pur-pose of sequence, no decrease at perfect. | | |The inexistence of said sale can be established up opposing anyone who asserts a correct arising from it, referable solely opposing the highest vendee, the Manila Lodge No. 761, | |BPOE, excluding to-boot opposing perfect its suceessors, including the TDC which are referable armed the creed of bona fide ii purchaser withextinguished referableice, being claimed by the| |TDC does referable perfectot where there is a sum omission of heading in the vendor, and the good-tempered-tempered belief of the purchaser TDC canreferable originate heading where none exists. |
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