BAC 2 BUSINESS LAW

LONG QUIZ NO. 1

NAME OF STUDENT: DACUAN, MERCY LIZA M.

1. In what provision of the law or the Constitution can we find the Regalian doctrine?
(3PTS)
1. The 1987 Constitution also stated the Regalian Doctrine in Section 2
2. The 1973 Constitution reiterated the Regalian Doctrine in Section 8 Article XIV
3. The 1935 Constitution embodied the Regalian Doctrine in Section 1 Article XII

2. What are the two classifications of land according to ownership? (2 PTS)

1. Private Ownership
2. Public Domain

3. What are the three kinds of property of public dominion? (3 PTS)

1. For the development of national wealth

2. For the public service
3. For the public use

4. What do you call the property of the State which is not devoted to public use, public service,
or the development of the national wealth or which it owns in its private capacity? (2 PTS)

❖ Patrimonial property of the state

5. Give five examples of property of public dominion for public use. Are these properties
registrable? Explain why. (5 PTS)

1. Roadsteads
2. Canals
3. Ports
4. Roads
5. Bridges

These properties are not registrable. According to Article 420 of the New Civil Code
these properties are considered public domain and are subject to be used publicly. These
properties cannot be leased, donated, sold or be the object of a contract in the name of a
private person.
6. Open areas in a subdivision are properties of the public domain and cannot be the subject of
commerce pursuant to PD No.1216. If this piece of land is covered by a certificate of title and
purchased by a buyer in good faith, can the said buyer acquire ownership over these open areas?
Explain your answer. (5PTS)

Yes, The open areas in the subdivision remain to be private properties of the
owner/developer. The open area such as the road can only be considered owned by the
government if it is donated or sold by the owner to the barangay. According to Article 428
of the New civil Code of the Philippines, The owner has the right to enjoy and dispose of a
thing, without other limitations than those established by law. Hence, the open areas in the
subdivision are private property and the local government can acquire the property by
donation, expropriation and purchase.

7. Ayala y Cia owned a big tract of land in Macabebe, Pampanga, the Hacienda San Esteban. To
provide access to different parts of the property, the Company dug interlinking canals, which
through erosion, gradually acquired the characteristics of rivers. The company sold part of the
Hacienda to Santos, who closed some of the canals and converted them into fishponds. The
residents of the surrounding barrios (now barangays) complained that the closure deprived them
of their means of transportation, as well as their fishing grounds. (5 PTS)

a. Is the canal considered a property of public ownership (public domain)?

Yes, the Canal is considered a property of Public ownership.

b. May the canals be ordered open? WHY?

No, because the canals that were artificially built by the owner in their
property. Therefore it is considered as private ownership. The canals can be
ordered open or public domain if it's constructed by the government. In summary,
Canals in Hacienda San Esteban cannot be ordered open because it is considered
private ownership.

8. During the Spanish regime, A was allowed by the Spanish government to have the usufruct of
a public market for 40 years. A died, and the usufruct was inherited by B, his son. When B
became indebted, his properties were sold at an auction sale, and The usufruct was bought by C.
Then a fire destroyed the market. The Council granted B the right to reconstruct the building and
continue the usufruct. C complained on the ground that he had bought at the auction sale B’s
usufruct. Can C be given the usufruct and administration of the market? (5 PTS)

The usufruct and administration of the market cannot be given to C. because the
right of public character is cannot be bought at an auction sale. C should have attached the
income received before the building was burned but he was not able to attach it. C insisting
to acquire the property would oppose the Law to take over a public function and A has
given an upper hand because he is the heir of the property and it was given to him by his
father.

9. Villarico occupied a parcel of land classified as forest land or timberland for 35 years and built
a house therein. The land was declared for taxation purposes (with tax declaration) and he has
been paying its real property taxes from the time he occupied the property.

a. Did Villarico acquire ownership over the said property?

Villarico didn’t acquire the ownership of the property because he is only

occupying it. Even if it’s a long period of time (35 years), this doesn’t mean that he
owns the property.

b. Can he apply for the registration of title over the said property? Explain your answer. 5
PTS)
No, Forest Land or Timber land is incapable of registration. Forest land or
Timberland is not capable of private appropriation and it is owned by the state.
Villarico is only classified as concessionaire which means the grant to a taxable
person can operate or use the area within the concession as authorized by Bureau of
Forest Development in accordance with the provision of the Presidential Decree No.
705. Possession of forest land no matter how many years you’re occupying it cannot
convert it into private ownership.

10. What are the four classifications of public land as provided by Section 3, Article XII of the
Philippine Constitution? Of these classifications, what can be declared alienable and
disposable? (5 PTS)
1. Agricultural
2. Forest land or Timber land
3. Mineral lands
4. National Parks

The only classified public land subjected to alienation and disposal is Agricultural land,
while Forest/timber land, mineral land and National park is not subjected to private
ownership. Agricultural land shall be disposed of by the following reason: Homestead,
special grant, lease, sale, and confirmation of incomplete title by judicial legalization or
administrative confirmation.