FIVE road projects with a combined value of P13.99 million undertaken by the Davao City government in 2019 are now being questioned by government auditors after on-site inspections revealed they were located inside private subdivisions.
In a report released this week, the Commission on Audit said none of the private developers of the subdivisions and villages have transferred the titles of ownership over the roads to the city government.
Such a transfer would have made the road projects legitimate public infrastructures based on the Supreme Court pronouncements in the 2018 case of Gatchalian vs. Flores, et al. that a road inside a private subdivision remains a private property even if the residents there allow use by the general public.
Quoting the ruling in Abellana vs. Court of Appeals, the SC added that roads inside a private subdivision only cease to be so once the local government completes acquisition by donation, purchase or expropriation.
Auditors noted that the cost of the road projects was charged against Davao City’s 20-percent Development Fund and was recognized as an asset in its “Road Networks account.”
“The validity of the road development projects with a total amount of P13,988,651.74 in private subdivisions and villages could not be established. This is due to the absence of documents evidencing a valid donation, purchase or expropriation,” the COA pointed out.
To justify the project, the city government presented copies of barangay certifications and resolutions attesting that the said streets have been donated and claiming the road lots have been treated as public roads “since time immemorial.”
The COA, however, said the resolutions and certifications from the barangays concerned were insufficient to establish rightful ownership.
Based on the list attached to the report, the road projects were identified as:
* P8.314-million road concreting and drainage system on Orchid St., Juna Subdivision, Barangay Matina Crossing, Talomo District.
* P1.998-million concreting of road at Landmark 3 Subdivision, Barangay Sasa, Buhangin District.
* P1.994-million concreting of road at Purok Sta. Cruz, Kahayag Homeowners’ Association, Barangay Indangan, Buhangin District.
* P994,855 road concreting/drainage system at Cinnamon Bread St., Bread Village, Barangay Buhangin Proper, Buhangin District.
* P686,610 road concreting of Acacia Street, Purok 47 Roldan Village, Barangay Maa, Talomo District.
“This practice is inconsistent with the Supreme Court decision that the mere usage by the public does not automatically convert the property to a public one. Private ownership still exists. Proper transfer of ownership should be first sought,” the COA said.
The City Engineering Office-Planning and Design Division told the audit team that they only adopted the use of barangay certification from the Department of Public Works and Highways Region 11 since they were unaware of the pertinent SC rulings.
The COA warned that in the long run, the practice could result in wastage of government funds in the event that the private developer reclaims the property.
“In view thereof, the validity of the transactions for road development projects in subdivisions and villages amounting to P13,988,652.44 cannot be ascertained unless supported with the necessary documents,” the commission added.
