Manila Lodge No. 761 vs Ca

MANILA LODGE NO. 761 vs CA
ARTICLE 1431
MANILA LODGE NO. 761, BENEVOLENT AND PROTECTIVE ORDER OF THE ELKS, INC., petitioner, 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, petitioner, 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 cases are petitions on certiorari to review the decision dated June 30, 1975 of the Court of Appeals that the property subject is a "public park or|
|plaza." |
|FACTS |
|On June 26, 1905 the Philippine Commission enacted Act No. l360 which authorized the City of Manila to reclaim a portion of Manila Bay. The reclaimed area was |
|to form part of the Luneta extension. |
|Subsequently, the Philippine Commission passed on May 18, 1907 Act No. 1657, amending Act No. 1360, so as to authorize the City of' Manila either to lease or to|
|sell the portion set aside as a hotel site. |
|On July 13, 1911 the City of Manila, affirming a prior sale dated January 16, 1909 cancelled 5,543.07 square meters of the reclaimed area to the Manila Lodge |
|No. 761, Benevolent and Protective Order of Elks of the U.S.A. |
|Manila Lodge No. 761, BPOE, subsequently sold the said