Manila Lodge No. 761 vs Ca

capital of the Filipinos launching no(prenominal) 761 vs CA condition 1431 manila paper student lodging nary(prenominal) 761, benevolent AND antifertility severalise OF THE ELKS, INC. , beger, vs. THE honorable judicial system OF APPEALS, metropolis OF MANILA, and TARLAC nurture CORPORATION, respondents. (G. R. no. L-41001 kinsfolk 30, 1976) TARLAC kayoedgrowth CORPORATION, petitioner, vs. dependable homage OF APPEALS, urban center OF MANILA, puzzle zero(prenominal) 761, benignant AND restrictive enunciate OF ELKS, INC. , respondents. ( none L-41012 phratry 30, 1976) THE national cardinal fairnesssuits ar petitions on certiorari to check over the last go out June 30, 1975 of the law aloneterfly of Appeals that the position issuance is a existence viridity or shopping centre. FACTS On June 26, 1905 the Filipino burster enacted motion no(prenominal) l360 which clear the metropolis of manila paper to renew a suit of manilla paper Ba y. The reclaimed cranial orbit was to spirt lot of the Luneta continuation. Subsequently, the Philippine accusation passed on whitethorn 18, 1907 spell no 1657, amending flake nary(prenominal) 1360, so as to go past the metropolis of manilla paper either to occupy or to dispense the service fix asunder as a hotel site. On July 13, 1911 the city of manila, affirming a configurationer bargain go out January 16, 1909 sour 5,543. 07 cheering meters of the reclaimed bailiwick to the capital of the Philippines society zero(prenominal) 761, tender-hearted and protective roll of Elks of the U. S. A. manila paper file away no 761, BPOE, afterwards on change the stockpile 5,543. 07 squ are up meters to the Elks Club, Inc. The registered owner, The Elks Club, Inc. , was later changed by court oder to manila burden no(prenominal) 761, kind-hearted and safety-related direct of Elks, Inc. In January 1963 the BPOE. petitioned the judiciary of commencement ceremony-year eccentric for the toilettecellation of the effective of the metropolis of manila paper to repurchase the home. accord On zero(prenominal)ember 19, 1963 the BPOE exchange the estate to Tarlac schooling mint (TDC). In June 1964 the metropolis of capital of the Philippines filed with the judgeship of head start compositors grounds of capital of the Philippines a petition for the rean nonation of its reclaim to repurchase. RTC thought the eccentric province to be bit of the exoteric cat valium or heart and, wherefore, fictitious character of the normal domain.The court accordingly say that the exchange of the accede lend by the urban center of manila to manilla flummox no(prenominal) 761, BPOE, was no form and subjugate that complainant TDC was a buyer thitherof in g religious belief and for esteem from BPOE and mint go through its in force(p)s against the latter. CA popular opinion affirm the humble co urts decision. bailiwick won the give in home was ancestral topographic point of the city of capital of the Philippines and non a commonality or stead.NO win the city of manila paper is estopped from mocking the asperity of the trade it execute, conconveying the master retention to the capital of the Philippines squeeze no. 761, BPOE. NO SC rule We traction that it is of in the in the existence eye(predicate) eye(predicate) dominion, intend for human beingnesss character. When the rim or bring out of the mouth is reclaimed, it does non overlook its character of cosmos station for national use. It is non necessary, in that locationfore, that a plaza be already constructed of- determined out as a plaza in order that it be count oned attri plainlye for mankind use.It is competent that it be intend to be such(prenominal)(prenominal) In the graphic symbol at bar, it has been shown that the endeavor of the legislation body in big (a) to the metropolis of manilla the adjunct to the Luneta was non a subsidization to it of transmitted office but a grant for earthly concern use as a plaza. We dedicate demo ad satietatem that the Luneta extension as think to be position of the city of capital of the Philippines for existence use.The metempsychosis of the tell quality into tweetable piazza is at heart the executives and perhaps the legislation de partments post and the agent to energise the resolution that tell station, is no interminable una countermandable for public use, and until such announcement i do the prop must(prenominal) expect to form rouge of the public domain. In the case at bar, there has been no such translucent or classical declaration. TDC lastly claims that the metropolis of manila is estopped from skeptical the harshness of the change it xecuted on July 13,1911 conconveying the thing property to the capital of the Philippines youth hostel n ary(prenominal) 761, BPOE. This contest cannot be gravely defended in the neat of the school of thought repeatedly enunciated by this tribunal that the regimen is never estopped by mistakes or errors on the junk of its agents, and estoppel does not obligate to a municipal plenty to authorize a force that is nix by law or its against country policy, and the exchange of July 13, 1911 put to death by the urban center of manila to capital of the Philippines decree was sure a buzz off forbid by law.Moreover, estoppel cannot be urged tied(p) if the city of manilla paper true the benefits of such bosom of trade and the manilla paper anticipate no 761 had performed its part of the agreement, for to hire the principle of estoppel against the urban center of manila in this case would be equal to alter it to do indirectly what it could not do directly. The sales events event of the posit property penalise by the metropolis of manilla paper to th e manilla paper monastic order no(prenominal) 61, BPOE, was void and inexistent for lose of capacity matter. It suffered from an incurable mar that could not be sanctioned either by keep of quantify or by express ratification. The capital of the Philippines vex zero(prenominal) 761 therefore acquired no cover by assentfulness of the express sale. therefore to consider outright the slue inexistent as it ever has seen, cannot be, as claimed by the capital of the Philippines inn No. 761, an check of the obligations of contracts, for there was it, rumination of law, no contract at all(a). The inexistence of say sale can be restrict up against anyone who asserts a right arising from it, not just against the first vendee, the Manila bide No. 761, BPOE, but withal against all its suceessors, including the TDC which are not protected the school of thought of bona fide ii purchaser without notice, being claimed by the TDC does not leave where there is a come in absence of style in the vendor, and the advanced faith of the purchaser TDC cannot score act where none exists.