ARTICLE 414. All things which are or may be the object of 2.

Ownership
appropriation are considered either: a. Public dominion
b. Private dominion
3. Alienability
1.  Immovable or real property; or a. Within the commerce of men
b. Outside the commerce of man
2.  Movable or personal property. (333) 4. Existence
a. Present property
b. Future property
PROPERTY, in general; 5. Materiality or Immateriality
- Derived from the Latin word proprius, meaning belonging a. Tangible or corporeal (objects which can be
to one or one’s own. seen or touched)
- Considered as an object is that which is, or may be, b. Intangible or incorporeal (right or credits)
appropriated. 6. Dependence or Importance
- Branch of civil law which classifies and defines the a. Principal
different kinds of appropriable objects provides for their b. Accessory
acquisition and loss, and in general, treats of the nature and 7. Capability of Substitution
consequences of real rights a. Fungible (capable of substitution)
b. Non-fungible (incapable of substitution)
A. CONCEPT OF THING 8. Nature or Definiteness
- Thing is synonymous with property. a. Generic
- Thing is broader in scope for it includes both appropriable b. Specific
and non-appropriable objects. 9. Custody of the court or free
- Examples: the planets, the stars, the sund for example, are a. Custodia legis
things but cannot be appropriated, therefore, they are not b. Free property
property.
Not all things may be considered as property.
Classification of THINGS:
1. Res nullius C. REQUISITES OF PROPERTY (UAS or USA)
- belonging to no one 1. Utility for the satisfaction of moral or economic wants
- they have not yet been appropriated. 2. susceptibility of appropriation
2. Res communes 3. individuality or substantivity (i.e., it can exist by itself, and
- belonging to everyone not merely as a part of a whole). (Hence, the human hair
becomes property only when it is detached from the
- Their use and enjoyment are given to all of mankind
owner.)
3. Res alicujus
- belonging to someone
Example: when a diamond stone is attached to a ring, the ring and the
- Owned privately. stone constitute a single property since they now form a single object.
However, when the stone is removed from the ring it will be regarded
While the human person may not be considered as property, his as a separate property from the ring to which it has once been attached.
conduct or acts, to a certain extent, may give rise to enforceable rights
in favor of other person if such act or conduct is considered by law as a It is essential that a thing must be susceptible of appropriation
source of obligation. before it can be considered as property. Things which cannot be
subjected to human control by reason of sheer physical impossibility
Things are objects external to man. But the civil code does not limit it are not considered as property.
to corporeal objects, it also extends to those which have only
intellectual or juridical existence. The concept of things in our Civil Examples: the sun, the stars, and the ocean, lightning and rain
Code embraces both material objects and rights.
Susceptibility to appropriation v. outside the commerce of man
To illustrate:
1. in Article 414, the law considers all things susceptible of - Things which are outside the commerce of men may
appropriation as property, which may either be real or not be the object of contact, they are not necessarily
personal. disqualified from being considered as property.
2. In Articles 415 and 416, on the other hand, rights are
- Example: properties of public dominion pertaining to
likewise considered as property. This is exemplified in the
the State, being outside the commerce of man, cannot
provision of paragraph 10 of Article 415 which classifies as
be the object of contracts. However, they are
real property those “real rights over immovable property”
considered property under the Code.
3. in the provision of paragraph 1 of Article 417 of the New
Civil Code which classifies as personal property
MOVABLE v. IMMOVABLE
“obligations and actions which have for their object
movables or demandable sums.”
MOVABLE IMMOVABLE
B. CONCEPT OF PROPERTY Rules of Ownership of movables Real rights over
acquisitive prescribes through immovable are
- In our civil code, the concept of property is not
prescription uninterrupted possession for acquired by
confined to things which are already appropriated or
4 years in good faith or ordinary
possessed by man but also extends to those not yet
uninterrupted possession for prescription
appropriated.
8 years, with any other through possession
condition of 10 years or 30
- In connection with art. 414, “all things which are or
years, without
may be the object of appropriation”
need of title or
good faith.
Classification of Property
Propriety of Only movables can be the Only immovables
1. Mobility and non-mobility
the object of object of the contracts of can be the object
a. Moveable or personal
the contract pledge and chattel mortgage of a real estate
b. Immovable or real

Salih, Shella Hannah J.| 2I AY 2020-2021

 of pledge, mortgage contract. - Examples: trees and plants
chattel,
mortgage 2. Immovable by INCORPORATION
and real - Those which are treated as immovable by reason of
estate their attachment or incorporation to an immovable in
mortgage such manner as to be an integral part.
and real - Example: buildings and constructions adhered to the
estate soil, trees, plants and fruits.
mortgage
Determining Donation exceeds 5,000, the Donation of an - The NCC classifies buildings as immovables, the
the donation and acceptance are immovable “building” referred to is that which substantially
formalities required to be in writing property may be adheres to the land and not one which is merely
of a valid; it must be in superimposed on the soil.
donation a public document
Extrajudicial Only movable things may It cannot - building treated separately from the land on which it
deposit be the object of extrajudicial stood is immovable property and the mere fact that
deposit the parties to a contract seem to have dealt with it
Crimes of Only personal can be object Crime of separate and apart from the land on which it stood in
theft, of the crimes of theft and usurpation can be no wise changed its character as immovable property.
robbery and robbery committed only to
usurpation a real property - The law makes no distinction as to whether or not
Determining Can be commenced where Real property, it the owner of the land is or is not the owner of the
the venue in the plaintiff or the defendant must be filed in building.
remedial law resides, at the election of the the court wherein
plaintiff the property is The classification of property into real or personal is provided for
situated by law and may not, therefore, be changed by the agreement of the
parties. As such, even if the parties may treat as personal property that
which under the law is a real property, that agreement does not in any
way alter the character of the property as an immovable or real
It is only the LAW which may consider certain real property (like property.
growing crops) as personal property (for the purpose of making a
chattel mortgage).
- To be immovable, the construction must be attached
permanently to the land.
- The adherence to the solid must not be of provision
IMMOVABLE PROPERTY or temporary character but fixed or integral.
Art. 415. The following are immovable property: - the steel towers constructed by the Manila Electric
(1) Land, buildings, roads and constructions of all kinds adhered to the Company were not considered as real properties
soil; because they were “removable and merely
(2) Trees, plants, and growing fruits, while they are attached to the attached to a square metal frame by means of
land or form an integral part of an immovable; bolts, which when unscrewed could easily be
(3) Everything attached to an immovable in a fi xed manner, in such a dismantled and moved from place to place.”
way that it cannot be separated therefrom without breaking the - the pipeline system in question is indubitably a
material or deterioration of the object; construction adhering to the soil. It is attached to the
(4) Statues, reliefs, paintings or other objects for use or ornamentation, land in such a way that it cannot be separated
placed in buildings or on lands by the owner of the immovable in such therefrom without dismantling the steel pipes which
a manner that it reveals the intention to attach them permanently to were welded to form the pipeline.
the tenements; -
(5) Machinery, receptacles, instruments or implements intended by the 3. Immovable by DESTINATION
owner of the tenement for an industry or works which may be carried - Those which are essentially movable, but by the
on in a building or on a piece of land, and which tend directly to meet purpose for they have been place in an immovable,
the needs of the said industry or works; partake of the nature of the latter
(6) Animal houses, pigeon-houses, beehives, fi sh ponds or breeding - Examples: machinery plabed by the owner of
places of similar nature, in case their owner has placed them or pre- tenement on it for direct use in an industry to be
serves them with the intention to have them permanently attached to the carried on therein)
land, and forming a permanent part of it; the animals in these places
are included; Par. 4 “Statues, reliefs, paintings or other objects for use or
(7) Fertilizer actually used on a piece of land; ornamentation ...”
(8) Mines, quarries and slug dumps, while the matter thereof - These are real properties by destination.
forms part of the bed, and waters either running or stagnant; - REQUISITES must concur:
(9) Docks and structures which, though floating, are intended by their
nature and object to remain at a fixed place on a river, lake, or coast; 1. they must be placed in buildings or on
(10) Contracts for public works, and servitudes and other real rights lands by the owner of the immovable or
over immovable property. (334a) by his agent; and
2. the attachment must be intended to be
CONCEPT OF IMMOVABLE PROPERTY permanent.
- Art. 415 does not define immovable but enumerates
what are considered as such. PARAGRAPH 4 v. PARAGRAPH 3
- This word is not used in its etymological or - In par. 4 the incorporation must be made by the
grammatical meaning but in its juridical meaning owner of the immovable either personally or through
an agent;
Kinds of immovable property. (NIDA) - In par. 3, it is immaterial as to who makes the
1. Immovable by NATURE incorporation.
- By their essence of nature are immovable or cannot
be moved from one place to another

Salih, Shella Hannah J.| 2I AY 2020-2021

 - the incorporation in par. 3 must be such that
separation is impossible;
- whereas, in par. 4 separation is possible without
deterioration of the immovable or destruction of the
material.
Par. 5 “Machineries, receptacles, instruments or implements ...”
- are essentially movables but by reason of their
purpose — they being destined for use in the industry
or work in the tenement — they are converted into
real properties.
- REQUISITES:
1. They must be machinery, receptacles,
instruments or implements;
2. They must be placed by the owner of the
tenement or by his agent;
3. There must be an industry or work
carried in such building or on the piece of
land; and
4. They must tend directly to meet the
needs of said industry work.
General Rule: the Supreme Court held that machinery which is
movable by nature becomes immobilized when placed by the owner of
the tenement, property or plant, but not so when placed by tenant,
usufructuary, or any other person having only a temporary right, unless
such person acted as the agent of the owner.
Exception: if in the contract of lease it is stipulated that such
machinery, receptacles, instruments or implements placed there by the
lessee will become, at the termination of the lease, the property of
the lessor for in that case they will be considered as immovable
property since in placing them the lessee will just be merely acting as
an agent of the lessor.
- it is necessary that they must be “essential” and
“principal” elements of the industry or works
without which such industry or works would be
unable to function or carry on the industrial purpose
for which it was established.
a. Aside from the element of essentiality,
b. paragraph 5 of Article 415 also requires that the industry or
works be carried on in a building or on a piece of land.
Par. 6 “Animal houses, pigeon houses”
- are immovable, it requires that they be placed by
the owner of the land in order to acquire the same
nature of consideration of real property.
- However, these animals will be considered as
personal property under laws which so provide for
them pursuant to the second paragraph of Article 416
Par. 7 “Fertilizers”
- it must actually be used on the land, fertilizer kept in
the farmhouse are not immovable.
Par. 8 “Mines,quarries,slag,dumps,waters”
Salih, Shella Hannah J.| 2I AY 2020-2021
- they are considered immovable property, once
separated they are no longer mines but minerals and
considered personal.
- Waters referred here are those found in their natural
beds such as flowing streams, rivers or canals.
Par. 9 “Docks and structures”
- they are considered as immovables as long as they are
intended by their nature and object to remain at a
fixed place.
4. Immovable by ANALOGY or LAW
- Rights as property provided that the same is
patrimonial in nature:
- “patrimonial” owned by the state in its private
capacity.
1. Real Rights- the owner belonging to a person over a
specific thing, it is enforceable against the whole world
(contract)
2. Personal Rights- power belonging to one person to
demand of another, the fulfillment of a prestation to give, to
do or not to do. (obligation)
Whether a right is personal or real property shall depend on:
a. whether it is a personal or real RIGHT, and
b. whether the SUBJECT MATTER thereof is a personal or
real property.
- With respect to personal rights, it will fall under
personal property regardless of the subject matter
thereof.
- With respect to real rights - depends on its subject
matter
1. If the subject matter of the real right is a
real property, then such real right is a
real property.
2. On the other hand, if the subject matter of
the real right is a personal property, as
in the case of chattel mortgage, such real
right is classified as personal property.
MOVABLE PROPERTY
Art. 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not
included in the preceding article;
(2) Real property which by any special provision of law is considered
as personalty;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place
without impairment of the real property to which they are fixed.
- Three Tests to Determine whether property is
movable or immovable:
1. If the property is capable of being carried
from place to place (test by description)
2. If such change in location can be made
without injuring the real property to
which it may in the meantime be
attached. (test of exclusion)
3. If finally, the object is not one of those
enumerated or included in art. 415 (test
by exclusion)
- Test by exclusion is superior to the test by
description.
- A patent, a copyright, the right to an invention- these
are intellectual properties which should be considered
as personal property.
- Personal effects are personal property, but not all
personal property are personal effects. Personal
 effects include only such tangible property as applied
to a person.
Art. 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or
demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities,
although they may have real estate. (336a)
- Thus, under our law, all properties which are not real
are PERSONAL.
- Hence, while certain property may, by its nature, be
moved from one place to another, it will not be
considered as movable property if it is classified as
immovable property under the provisions of Article
415 because of the purpose for which it has been
placed in an immovable, in which case, it shall
partake of the nature of the latter and shall be
classified as an immovable property by destination.
- In general, all things susceptible of appropriation
which can be transported from place to place without
impairment of the real property to which they are
fixed and not included in the enumeration in Article
415 are classified as “personal” or “movable”
property.
Forces of Nature
- However, paragraph (3) of Article 416 clarifies that if
these forces of nature are brought under the control
of man through the help of science, thereby
becoming appropriable, they are now considered as
property and classified as personal property. Hence,
gas and electricity are considered personal property
under this provision.
Chose of Action
- is personal property and it is an intangible or
incorporeal right. A “chose in action” means,
literally, a thing in action, and is the right of bringing
an action, or a right to recover a debt or money
Obligation
- creates a personal right on the part of the creditor to
demand for its fulfillment or performance. The right
to demand for the performance of the obligation is,
by itself, a property.
Money
- when it is in domestic circulation, money is legal
ternder and is therefore, not merchandise. However
whether money is legal tender or not, whether it is
merchandise or not, it still is PERSONAL property.
Art. 418. Movable property is either consumable or non-consumable.
To the first class belong those movables which cannot be used in a
manner appropriate to their without their being consumed; to the
second class belong all the others. (337)
Classification and Examples
1. According to their nature: consumable and non-consumable
2. According to the intention of the parties: fungible and non-
fungible
- A consumable is a movable which cannot be used in
a manner appropriate to its nature without itself being
consumed.
- For example, a cigarette cannot be used in a manner
appropriate to its nature, i.e., for smoking, without
itself being consumed.
Salih, Shella Hannah J.| 2I AY 2020-2021
- A non-consumable, on the other hand, is a movable
which can be used in a manner appropriate to its
nature without itself being consumed.
- An example of a non-consumable is table which can
be used in the manner appropriate to its nature and,
yet, it will not be consumed.
- the basis of the classification of movables into
fungible or non-fungible is simply the intention of the
parties. The movable is classified as fungible if, by
the intention of the parties, it can be replaced by
another of the same kind; otherwise, it is a non-
fungible.
- It is evident. That fungibles are those replaceable by
an equal quality and quanitity, either by thr nature of
things, or by common agreement. If irreplaceable,
because the identical objects must be returned, they
are referred to as non-fungibles.
PROPERTY IN RELATION TO THE PERSON TO WHOM IT
BELONGS
Art. 419. Property is either of public dominion or of private ownership.
Classifications:
1. Public Dominion (dominio publico)
2. Private Ownership(propiedad privado)
Patrimonial properties of the State
- are not exactly in the same category as ordinary
private properties. Private properties can be acquired
thru adverse possession while the adverse possession
of the former cannot ipso facto ripen into ownership
as it is an iron-clad dictum that prescription can never
lie against the State.
- “iron-clad dictum” – absolute rule
In relation to the State
- its properties are either of public dominion or
patrimonial properties;
In relation to the political subdivisions (provinces, cities and
municipalities)
- their properties are either of public dominion (for
public use) or patrimonial proper- ties;
In relation to persons and entities other than the State and its political
subdivisions (or private persons, either individually or collectively),
- their properties are denominated as that of private
ownership
Art. 420. The following things are property of public dominion:
(1) torrents, ports and bridges constructed by the State, banks, shores,
road- steads, and others of similar character;
(2) Those which belongs to the State, without being for public use, and
are intended for some public service or for the development of
the national wealth. (339a)
CLASSIFICATION OF PUBLIC DOMINION
There are three kinds of property of public dominion:
1. those that are intended for public use – like roads, canals
(may be used by anybody)
2. those that are intended for some public service – like
national government buildings, army rifles, army vessels
(may be used only by duly authorized persons
3. those that are intended for the development of national
wealth. – like our natural resources.
“PUBLIC DOMINION”
 - ownership by the State in that the State has control
and administration.
- is to be viewed as referring to public ownership in
relation to the properties of the State intended for
public use or for some public service mentioned in
paragraph numbers (1) and (2) of Article 420.
- Since the ownership of these properties belong to the
public in general and not to the State, the latter may
not make them the object of commerce unless they
are properly converted into patrimonial.
properties pursuant to the provisions of Article 422
of the New Civil Code.
Public Ownership v. State Ownership
- In public ownership, not even the State may make
them the object of commerce. Hence, they cannot be
leased, donated, sold or be the object of any contract.
- With respect to natural resources, they are not,
however, totally outside the commerce of man as the
Constitution allows the State to enter into co-
production, joint venture or production-sharing
agreements with private individuals or corporations
for their exploration, development and utilization.
- With respect to fishponds, for example, which are
likewise owned by the State, they may be leased
although they may not be alienated.
For a property of the State to fall under public dominion, it is not
necessary that the same be actually used for some public use or for
some public service.
An intention to devote it to public use is sufficient
and it is not necessary that it must actually be used as such.
Public Use v. Public Service
- public use which is not confined to privileged
individuals, but is open to the indefinite public.
Public use may be used indiscriminately by the
public.
- While the public service although used for the
benefit of the public, cannot be used indiscriminately
by anyone but only by those that are authorized by
proper authority.
The “roads” referred to under Article 420(1) of the New Civil Code
are the national highways and roads constructed and maintained by the
national government through the Department of Public Works and
Highways. Provincial, city and municipal roads and streets.
On the other hand, are properties of public dominion of the local
government unit concerned and are governed by Article 424 of the
Civil Code and the provisions of the Local Government Code.
The term “ports” in Article 420(1) of the New Civil Code includes
seaports and airports. The MIAA Airport Lands and Buildings
constitute a “port” constructed by the State. Hence, they are properties
of public dominion and thus owned by the State or the Republic of the
Philippines.
Foreshore lands are part of the public dominion.
Natural lakes and lagoons and their beds belong to the State and are
part of public dominion.
Lakes and lagoons naturally occurring on private lands also belong to
the State. Hence, lakes and lagoons developed by a private person on
private lands are of private ownership.
The Laguna de Bay has long been recognized as a lake. As such, the
accretion occurring therein, by mandate of Article 84 of the Spanish
Salih, Shella Hannah J.| 2I AY 2020-2021
Law of Waters of 1866, belongs to the owner of the land contiguous
thereto.
All properties of the State that are devoted or intended for some public
service are likewise part of the PUBLIC DOMINION.
As earlier explained, these properties cannot be used indiscriminately
by anyone but only by those that are authorized by proper authority.
Property of public dominion pertaining and/or belonging to the State
refers not only to property devoted to public use or to some public
service, but also to property devoted to the development of the national
wealth.
This class of property constituted property of public dominion although
employed for some economic or commercial activity to increase the
national wealth.
Under the Regalian Doctrine, all lands not otherwise appearing to be
clearly within private ownership are presumed to belong to the
State.
Under Section 3 of Article XII of the 1987 Philippine Constitution,
lands of the public domain are classified into:
1. agricultural
2. forest
3. timber
4. mineral lands
5. national parks.
Mineral and timber or forest lands are not subject to private
ownership unless they are first reclassified as agricultural lands and so
released for alienation.
Agricultural public lands may be defined as those alienable portions of
the lands of the public domain which are not forest or timber, mineral,
or national parks.
Only agricultural lands are allowed, however, to be alienated.
Since property of public dominion is outside the commerce of man and
not susceptible to private appropriation and acquisitive prescription, the
adverse possession which may be the basis of a grant of title in the
confirmation of an imperfect title under the Public Land Act refers only
to alienable or disposable portions of the public domain.
It is only after the Government has declared the land to be alienable and
disposable agricultural lands that the year of entry, cultivation and
exclusive and adverse possession can be counted for purposes of an
imperfect title.
From the foregoing, it appears that agricultural public lands are
classified as patrimonial property of the State as soon as they are
made available for alienation or disposition.
Prior to the reclassification of public lands into agricultural lands and
prior to their being made available for alienation and disposition, they
form part of the property of public dominion,
Characteristics:
1. They are outside the commerce of man
- Properties of public dominion are outside the
commerce of man.
- Being outside the commerce of man, it cannot be
alienated or leased or otherwise be the subject matter
of contracts.
- Hence, the right of the public to use public property
may not be bargained away through contract.
- EXCEPTION: With respect to natural resources,
however, the Constitution allows the State to enter
into co-production, joint venture or production-
sharing agreements with private individuals or
corporations for their exploration, development and
utilization.
 2. They Are Not Susceptible To Private Appropriation and
Acquisitive Prescription
3. They are not subject to attachment and execution
- Properties of public dominion, being for public use,
are not subject to levy, encumbrance or disposition
through public or private sale.248 Any encumbrance,
levy on execution or auction sale of any property of
public dominion is void for being contrary to public
policy.
- Hence, it was held in one case that the City of
Parañaque cannot foreclose and compel the auction
sale of the 600-hectare runway of the MIAA for non-
payment of real estate tax since the Airport Lands and
Buildings of MIAA are properties of public
dominion.
4. They cannot be burdened with voluntary easements
5. They cannot be registered under the Land Registration
Law and be the subject of a Torrens Title.
6. They may be either real or personal property, for it will
be noted that the law here makes no distinction.
PUBLIC LANDS
- Public lands is uniformly used to describe so much of
the national domain under the Legislative Power of
Congress as has not been subjected to private right or
devoted to public use.
- They are that part of government lands which are
thrown open to private appropriation and settlement
by homestead and other like general laws.
- While agricultural lands may be sold to or acquired
by private individuals or entities, ownership over
mining and forest lands cannot be transferred, but
leases for them may be had.
- It is believed that forest and mining lands are
properties of public dominion of the third class. Upon
the other hand, the public agricultural lands before
being made available to the general public should
also be properties of public dominion for the
development of the national wealth, but after being
made so available, they become patrimonial property
of the State, and therefore subject to prescription.
Moreover, once already acquired by private
individuals, they become private property.
- Public lands may be disposed in accordance with
Commonwealth Act 141. The disposition of public
lands is lodged exclusively in the Director of Lands,
subject only to the control of the Secretary of
Agriculture. Government lands is not synonymous
with Public Lands, The first is broader. In scope and
may be said to include also those lands devoted to
public use or public service, as well as public lands
“before and after they are made available for private
appropriation,’’ and also patrimonial lands. Upon the
other hand, as has already been seen “public lands’’
are merely a part of “government lands
- If a portion of the public land either is needed for
river bank protection or forms part of a permanent
timberland, possession thereof, however long cannot
convert it into private property.
- When the Public Land Law decreed that public lands
shall be sold to the highest bidder, it does not nec-
essarily follow that the Government is thereby
engaged in profit-making; it is getting money in
exchange for its property. Upon the other hand,
knowingly to sell public property at 1/20 of its price
is not selling; it is donating. Such sale is invalid
because the land officer, in donating, has exceeded
his power to sell. In every public bidding the winner
prejudices the loser; yet this is no reason to disqualify
him; that in itself is NOT bad faith, for he is merely
exercising the right to buy.
Salih, Shella Hannah J.| 2I AY 2020-2021
- Said churches therefore did not belong to the public
in general, nor to the State, nor to any private
individual, nor to the priests, nor to the Church itself.
But certainly, the Church had the possession and
control of the churches. And it is not necessary or
important to give any name to this right of pos-
session and control exercised by the Roman Catholic
Church in the church buildings of the Philippines
prior to 1898.
Art. 421. All other property of the State, which is not of the character
stated in the preceding article, is patrimonial property. (340a)
PATRIMONIAL PROPERTY
- Is the property it owns but which is not devoted fo
public use, public service, or the development of the
national wealth. It is wealth owned by the State in its
private, as distinguished from its public, capacity.
- All other property of the State, which is not of the
character stated in Article 420 of the New Civil Code,
is patrimonial property.
- It is considered as a property of the State in what may
be called the private sense.
- It is said that over this kind of property the State has
the same rights and has the same power of disposition
as private individuals subject, of course, to existing
rules and regulations.
- Examples of Patrimonial Prop:
1. Friar Lands
2. Alienable and disposable lands of the
public domain
3. Lands covered by RA 7227
- It was held in Laurel v. Garcia, that any conveyance
of a real property falling under the patrimonial
property of the State must be authorized and
approved by a law enacted by the Congress.
- Hence, in the case of Laurel, the Court held that even
if the Roppongi property is patrimonial property of
the State, then President Corazon Aquino could not
sell it since there was no law authorizing her to do so.
- Consequently, unless the law expressly provides, a
patrimonial property of the State is not subject to
acquisitive prescription.
- An example of a law that allows the acquisition of
patrimonial properties of the State by way of
acquisitive prescription is Commonwealth Act No.
141 which authorizes confirmation of imperfect title.
- The adverse possession which may be the basis of a
grant of title in confirmation of im- perfect title cases,
however, applies only to alienable lands of the
public domain— which fall under the patrimonial
properties of the State.
- Property of public dominion, when no longer
intended for public use or for public service, shall
form part of the patrimonial property of the State.
Art. 422. Property of public dominion, when no longer intended for
public use or for public service, shall form part of the patrimonial
property of the State.
Art. 423. The property of provinces, cities, and municipalities is
divided into property for public use and patrimonial property. (343)
Property for public use and patrimonial property.
- The first consists of the provincial roads, city streets,
municipal streets, squares, fountains, public waters,
 promenades, and public works for public service paid
for by said provinces, cities or municipalities.
- All other property possessed by said provinces, cities
or municipalities is patrimonial.
- The nature of properties owned by cities
(municipalities and provinces) in this country is
determined by the character of the use or service for
which they are intended or devoted.
- Properties which are intended for public use or for
some public service are properties for public use.
All others are patrimonial properties.
It matters not that the property is not actually devoted for public use or
for some public
service.
Art. 424. Property for public use, in the provinces, cities, and
municipalities, consists of the provincial roads, city streets, municipal
streets,the squares, fountains, public waters, promenades, and public
works for public service paid for by said provinces, cities, or
municipalities.
All other property possessed by any of them is patrimonial and shall be
governed by this Code, without prejudice to the provisions of special
laws. (344a)
- The property of provinces, cities and municipalities
for public use is governed by the same principles as
property of public dominion of the same character.
- Hence, the following jurisprudence or principles are
applicable to properties of the political subdivisions
(provinces, cities and municipalities) for public use:
1. They are outside the commerce of man.
Being outside the commerce of man, it
cannot be alienated or leased or otherwise
be the subject matter of contracts.
2. Local governments have no authority
whatsoever to control or regulate the use
of public properties, like roads and
streets, unless specific authority is vested
upon them by Congress.
- Thus, in that case the Supreme Court held that the
withdrawal of an existing road from public use was
valid thereby converting the withdrawn property into
patrimonial property which can be the object of an
ordinary contract.
- Town or public plazas are properties of public
dominion, to be devoted to public use and to be made
available to the public in general.
- They are beyond the commerce of man and so cannot
be the subject of lease or any other contractual
undertaking.
POLITICAL SUBDIVISION
- Properties of Political Subdivisions
1. property for public use
2. patrimonial property
- Alienation of the Properties
1. Properties of a political subdivision for
public use cannot be alienated as such,
and may not be acquired by prescrip- tion
2. Properties of a political subdivision
which are patrimonial in character may
be alienated, and may be acquired by
others thru prescription.
Salih, Shella Hannah J.| 2I AY 2020-2021
- Of course, by analogy, and applying Art. 422, when a
mu- nicipality’s properties for public use are no
longer intended for such use, the properties become
patrimonial, and may now be the subject of a
common contract.
Properties for public use may not be leased to private individuals. If
possession has already been given, the lessee must return the
possession to the municipality, which in turn must reimburse him for
whatever advanced rentals had been given.
PRIVATE OWNERSHIP
Art. 425. Property of private ownership, besides the patrimonial
property of the State, provinces, cities and municipalities, consists of all
property belonging to private persons, either individually or
collectively.
- “Collectively’’ refers to ownership by private
individuals as co-owners; or by corporations,
partnerships, or other juridical persons (such as
foundations) who are allowed by the Civil Code to
possess and acquire properties. (Arts. 44-47).
- Possession by private persons since time immemorial
carries the presumption that the land had never been
part of the public domain, or that it had been private
property even before the Spanish conquest. An
allegation to this effect is a sufficient averment of
private ownership.
- Roads may be either public or private property;
hence, if a person constructs on his own land a road,
it is a private one. This is particularly true when the
government spent nothing for the construction of the
road.
- If private lands of a person should lie within a
military zone, said lands do not necessarily become
property of public dominion (public service).
- If there is any error in the Torrens title of a person in
the sense that it includes lands belonging to the
government, it is only the government which can
properly question that fact, and a judicial
pronouncement is necessary in order to have the
portion excluded from the Torrens title.
- The constitutional prohibition against the acquisition
of land by aliens (save Americans by virtue of the
Parity Amendment) is ABSOLUTE. Thus, the
transfer of ownership over land in favor of aliens is
not permissible in view of the constitutional
prohibition
-
- Private properties may belong to the State, to
provinces, cities and municipalities or may belong to
the private individuals either individually or
collectively.
- Such properties when they belong to the State,
provinces, cities and municipalities are called
“patrimonial property;” and when they belong to
private entities or individuals, they are called
“properties of private ownership.”
- All lands are presumed, however, to be public lands
until the contrary is established.
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Salih, Shella Hannah J.| 2I AY 2020-2021