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Gancayco vs. City Government of Quezon City and MMDA

EMILIO GANCAYCO, Petitioner, vs. CITY GOVERNMENT OF QUEZON CITY AND METRO MANILA DEVELOPMENT AUTHORITY, Respondents. METRO MANILA DEVELOPMENT AUTHORITY, Petitioner, vs. JUSTICE EMILIO A. GANCAYCO (Retired), Respondent.

G.R. No. 177807 and G.R. No. 177933 | 2011-10-11

EN BANC

DECISION
 
SERENO, J.:

Before us are consolidated Petitions for Review under Rule 45 of the Rules of Court assailing the Decision[1] promulgated on 18 July 2006 and the Resolution[2] dated 10 May 2007 of the Court of Appeals in CA-G.R. SP No. 84648.

The Facts

In the early 1950s, retired Justice Emilio A. Gancayco bought a parcel of land located at 746 Epifanio delos Santos Avenue (EDSA),[3] Quezon City with an area of 375 square meters and covered by Transfer Certificate of Title (TCT) No. RT114558.

On 27 March 1956, the Quezon City Council issued Ordinance No. 2904, entitled “An Ordinance Requiring the Construction of Arcades, for...