AGRIPINO CAPITULO, ET AL. V. ALEJO AQUINO NO.

Facts:
This case involves a lot owned by the City of Manila and
situated around the intersections of Andalucia, Governor Forbes and Aragon Streets, City of
Manila. This lot was donated to the City of Manila by the Sulucan Development Company
exclusively for street purposes. Since its acquisition, the City of Manila formed the project to
construct thereon a traffic circle. For reasons, however,
not disclosed by the records, this project had not been
carried out.

Issue
W/N A land which was donated by a private entity to the government for a public use, and which
was not used reverts back to a patrimonial land? NO

Ruling/Doctrine
The nature of properties owned by cities 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. Art. 424, new Civil Code. It matters not that the property is not
actually devoted for public use
or for some public service. If it has been intended for such use or
service, and the city has not devoted it to other uses, or adopted
any measure which amounted to a withdrawal of the property from
public use and service, the same remains property for public use,
the fact that it is not actually devoted for public use or service
notwithstanding.”