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Share DAALCO DEVELOPMENT CORPORATION, PETITIONER, VS. PALMAS DEL MAR HOMEOWNERS ASSOCIATION (PDM-HOA), REPRESENTED BY GIL FERNANDEZ, PRESIDENT, RESPONDENT.
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DAALCO DEVELOPMENT CORPORATION, PETITIONER, VS. PALMAS DEL MAR HOMEOWNERS ASSOCIATION (PDM-HOA), REPRESENTED BY GIL FERNANDEZ, PRESIDENT, RESPONDENT.
A plain reading of the fourth portion or last paragraph of Section 31 conveys that the developer is required to donate the roads, alleys, sidewalks, and playgrounds to the local government unit. There is no mention of other open spaces, such as schools, places of worship, hospitals, health centers, barangay centers, and other similar facilities and amenities. Under the rules of statutory construction, the express mention of one person, thing, or consequence implies the exclusion of all others. This is expressed in the maxim expressio unius est exclusio alterius.Applying this principle, the donation of other open spaces is not required. Even if the Court considered the lot where the water system is located as an open space, it is not included in the enumeration of open spaces to be donated. The last paragraph of Section 31 does not contain the phrase "other similar facilities and amenities" mentioned in the definition of open spaces. Therefore, Section 31 does not require the donation of all open spaces.
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By Amicus Juris ProductionA plain reading of the fourth portion or last paragraph of Section 31 conveys that the developer is required to donate the roads, alleys, sidewalks, and playgrounds to the local government unit. There is no mention of other open spaces, such as schools, places of worship, hospitals, health centers, barangay centers, and other similar facilities and amenities. Under the rules of statutory construction, the express mention of one person, thing, or consequence implies the exclusion of all others. This is expressed in the maxim expressio unius est exclusio alterius.Applying this principle, the donation of other open spaces is not required. Even if the Court considered the lot where the water system is located as an open space, it is not included in the enumeration of open spaces to be donated. The last paragraph of Section 31 does not contain the phrase "other similar facilities and amenities" mentioned in the definition of open spaces. Therefore, Section 31 does not require the donation of all open spaces.