Petitioner
Edwin H. Warner
Respondent
The Municipality of Pasay
Citation
G.R. No. 544
Court
Supreme Court
Division
First Division
Ponente
Willard, J.
Decided
April 19, 1902

Summary

Warner sought to survey and fix boundaries of the 480-hectare Pasay estate under voluntary jurisdiction procedures. The Municipality of Pasay opposed, claiming ownership of streets and public squares within the estate. The Supreme Court affirmed dismissal, holding that voluntary survey proceedings require consent of all interested parties. When the municipality opposed as owner of public lands within the estate, the proceedings became contentious and could no longer continue under voluntary jurisdiction. The Court emphasized that survey rights belong only to property owners, and opposition by any interested party terminates voluntary proceedings, requiring resolution through contentious litigation instead.

Statutes applied

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By the Intellegal Editorial Board · April 19, 1902

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