CEBU OXYGEN AND ACETYLENE CO. V.

BERCILLES 66 SCRA 431 FACTS: The land sought to be registered in this case was formerly a part of a street. Through a resolution, it was declared to be an abandoned road and not part of the City development plan. Thereafter, it was sold through a public bidding and petitioner was the highest bidder. He then sought to register said land but his application was dismissed. HELD: The portion of the city street subject to petitioners application for registration of title was withdrawn from public use. Then it follows that such withdrawn portion becomes patrimonial property of the State which can be the object of an ordinary contract as provided by Art 422 of the Civil Code. It is also very clear from the Revised Charter of Cebu that property thus withdrawn from public servitude may be used or conveyed for any purpose for which other real property belonging to the City may be lawfully used or conveyed. Respondent Court was ordered to proceed with the registration of petitioners application for registration.