Property of Public Dominion | According to Ownership | Classification of Property | Property | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > A. Property > 2. Classification of Property > b. According to Ownership > ii. Property of Public Dominion

Under the Civil Code of the Philippines, specifically in Book II, which governs Property, Ownership, and its Modifications, the concept of Property of Public Dominion is extensively defined and regulated. Below is a meticulous breakdown of this legal classification:

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1. Definition

Property of public dominion refers to those properties owned by the State and intended for public use or those designated for public service or the development of national wealth. These properties are outside the commerce of man and cannot be privately owned or alienated unless declared otherwise by competent authority.

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2. Legal Basis

The classification and rules governing property of public dominion are primarily found in the Civil Code of the Philippines, specifically under:

• Article 420: Enumerates properties considered of public dominion.
• Article 421: Provides the basis for presumption of ownership by the State.
• Article 422: Clarifies that properties intended for public use are inalienable and not subject to prescription.

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3. Classification of Property of Public Dominion

Article 420 of the Civil Code classifies property of public dominion into two main categories:

a. Properties for Public Use

These are properties directly used by the public. Examples include:

• Roads
• Canals
• Rivers
• Torrents
• Ports
• Bridges
• Public squares
• Promenades

b. Properties for Public Service or National Wealth Development

These are properties not accessible for public use but are owned by the State for:

• Public service purposes (e.g., government buildings, military facilities).
• Exploitation of natural resources (e.g., minerals, forests, and other resources on public lands).

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4. Characteristics of Property of Public Dominion

1. Inalienability:

   • Properties of public dominion cannot be sold, leased, or otherwise disposed of unless reclassified by law or executive act.
   • They are outside the commerce of man, meaning they cannot be subjects of private transactions or ownership.

2. Imprescriptibility:

   • Possession, no matter how long, cannot result in private ownership over properties of public dominion.

3. Exemption from Attachment and Execution:

   • These properties cannot be subject to levy, garnishment, or execution to satisfy private claims.

4. Protection from Adverse Possession:

   • No prescription (adverse possession) can operate against the State in relation to property of public dominion.

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5. Conversion of Property of Public Dominion to Patrimonial Property

Article 422 states that property of public dominion may only become patrimonial (i.e., available for private ownership or commerce) when:

1. The property is formally declared no longer needed for public use or service; and
2. Reclassified by law, regulation, or a competent authority's act.

Examples of conversion include:

• Abandoned roads no longer required for public use.
• Decommissioned military bases converted to economic zones.

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6. Jurisprudence

The Supreme Court of the Philippines has clarified and reinforced the principles surrounding property of public dominion in various decisions, such as:

• Heirs of Malabanan v. Republic (G.R. No. 179987, April 29, 2009): Reiterated the inalienability and imprescriptibility of properties of public dominion unless validly reclassified.
• Metropolitan Waterworks and Sewerage System v. Court of Appeals (G.R. No. 103558, July 14, 1997): Affirmed that rivers, as properties of public dominion, cannot be privately owned even if located within private property.
• Republic v. Court of Appeals (G.R. No. 87478, May 10, 1993): Discussed the requisites for reclassification of property from public dominion to patrimonial.

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7. Interaction with Special Laws

Certain laws provide additional regulation or exceptions to the treatment of property of public dominion, such as:

• Commonwealth Act No. 141 (Public Land Act): Governs the disposition of alienable public lands.
• Presidential Decree No. 705 (Revised Forestry Code): Preserves and regulates public forests.
• Water Code of the Philippines (Presidential Decree No. 1067): Declares all waters within Philippine territory as property of public dominion.

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8. Key Issues and Debates

1. Overlapping Claims:

   • Disputes often arise over whether a property is public dominion or patrimonial, particularly in cases involving natural resources or government facilities.

2. Reclassification Processes:

   • Concerns exist over transparency and legality in reclassifying public dominion properties to patrimonial or private ownership.

3. Encroachments:

   • Unauthorized private use or development on properties of public dominion is a recurring issue, particularly in urban and coastal areas.

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9. Conclusion

The concept of Property of Public Dominion underscores the principle that certain properties must remain dedicated to the public good, safeguarded by inalienability and imprescriptibility. Its governance ensures the protection of communal resources and prevents exploitation, with conversion to patrimonial property allowed only under stringent legal processes. Understanding its classification, characteristics, and interaction with jurisprudence is essential for the effective application of civil law principles in the Philippines.

Property of Private Ownership | According to Ownership | Classification of Property | Property | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Property of Private Ownership (Philippine Civil Law)

Under the Civil Code of the Philippines, property of private ownership refers to property that is owned by private individuals or entities. This classification distinguishes such property from property owned by the State, its subdivisions, or other public entities. Here is a comprehensive discussion of the topic based on relevant provisions and jurisprudence:

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1. Definition and Scope

Property of private ownership is any property that is subject to private rights of ownership, including both real and personal property. It encompasses property owned by:

• Natural persons (individuals),
• Juridical persons (corporations, partnerships, or other legal entities), and
• Groups of individuals owning property in common.

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2. Legal Basis

The Civil Code of the Philippines primarily governs private property ownership. Key provisions include:

• Article 427: "Ownership may be exercised over things or rights."
• Article 428: Ownership carries the right to enjoy, dispose of, and recover property from any possessor without legal title or authority.

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3. Characteristics of Property of Private Ownership

• Exclusivity: Ownership rights grant the holder exclusive control over the property.
• Alienability: Private property may generally be sold, transferred, or encumbered unless restricted by law or contract.
• Enforceability: Ownership rights are protected by law, allowing the owner to recover or claim damages in case of violation.

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4. Types of Property of Private Ownership

Private property may be classified as:

a. Real Property (Immovables):

Real property includes land and things permanently attached to it (Article 415). Examples:

• Residential lots,
• Buildings, and
• Improvements (e.g., fences, trees).

b. Personal Property (Movables):

Personal property refers to all property not classified as real property (Article 416). Examples:

• Cars,
• Jewelry, and
• Furniture.

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5. Acquisition of Property of Private Ownership

Private ownership of property may be acquired through various modes:

a. Original Modes:

• Occupation: Appropriating ownerless property (e.g., capturing wild animals).
• Accession: Ownership of what is naturally or artificially produced by one's property (e.g., fruits of trees, buildings on land).

b. Derivative Modes:

• Sale: Transfer of ownership through a contract of sale.
• Donation: Gratuitous transfer of property rights.
• Succession: Transfer of ownership upon the death of the owner.
• Prescription: Acquisition of property through uninterrupted possession for a specified period.

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6. Rights and Obligations of Owners

Owners of private property have specific rights and obligations:

Rights:

1. Right to Possess: Exclusive control and use of the property.
2. Right to Use and Enjoy: Utilize the property and its fruits (e.g., rent income, harvest).
3. Right to Dispose: Sell, donate, or encumber the property.
4. Right to Recover: Take legal action to reclaim the property from unlawful possessors.

Obligations:

1. Pay property taxes and fees.
2. Use the property in a manner consistent with public welfare and existing laws.
3. Respect servitudes or easements attached to the property.

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7. Restrictions on Ownership

Ownership of private property may be subject to restrictions imposed by:

a. Law:

• Expropriation: The State may take private property for public use upon payment of just compensation (Article III, Section 9, 1987 Constitution).
• Zoning Laws: Restrictions on land use based on zoning regulations.

b. Contract:

• Mortgages or liens may limit the owner's rights to freely dispose of the property.

c. Easements and Servitudes:

• Restrictions to benefit adjoining properties or public utilities (e.g., right of way).

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8. Special Rules

a. Co-ownership:

• When property is owned by multiple individuals, the rules on co-ownership (Articles 484–501, Civil Code) apply. Each co-owner holds an undivided interest in the whole property.

b. Ownership by Minors or Incapacitated Persons:

• Represented by legal guardians in managing or disposing of property (Article 225, Family Code).

c. Foreign Ownership:

• The Philippine Constitution restricts foreign ownership of land but allows ownership of personal property and specific types of real property (e.g., condominium units, under Republic Act No. 4726).

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9. Loss of Property of Private Ownership

Ownership of private property may be lost through:

• Abandonment: Intentional relinquishment of ownership rights.
• Prescription: Adverse possession by another for the period prescribed by law.
• Forfeiture: Loss due to violation of laws (e.g., illegal acquisition).

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10. Jurisprudence

Notable Supreme Court rulings provide guidance on property of private ownership:

1. Heirs of Mariano Lim v. Cresencia Lim (G.R. No. 172690, 2011):

   • Ownership carries the right to exclude others and recover damages for unauthorized use or possession.

2. Republic v. CA and Naguiat (G.R. No. 103882, 1996):

   • Even private property may be subjected to public servitudes (e.g., right of way).

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11. Comparative Analysis with Public Property

Private property is distinguished from public property as follows:

Feature	Private Property	Public Property
Ownership	Private individuals/entities	State or public entities
Purpose	Personal use and benefit	Public use and welfare
Alienability	Generally alienable	Inalienable unless otherwise provided
Legal Protection	Civil and criminal laws protect	Constitutional and statutory safeguards

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By understanding these principles, individuals and entities can better exercise their rights and fulfill their obligations regarding property of private ownership in the Philippines.

According to Ownership | Classification of Property | Property | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CLASSIFICATION OF PROPERTY ACCORDING TO OWNERSHIP

The classification of property based on ownership under Philippine civil law focuses on the distinction between properties that are privately owned and those that are owned by the public or government. This classification is crucial in determining the rights and limitations applicable to the use, transfer, and disposition of such properties.

1. Privately Owned Property

Privately owned property refers to assets owned by private individuals, partnerships, or corporations. These properties are governed by the rules of ownership as provided in the Civil Code of the Philippines, particularly under Book II, Title II.

Key Features:

• Full Control: The owner has full control, subject only to general legal limitations such as zoning laws, taxation, and other regulations for public welfare.
• Transferability: Ownership rights over privately owned property may be transferred through sale, donation, barter, succession, or other lawful means.
• Exclusivity: Ownership is exclusive, meaning others cannot use or occupy the property without the owner’s consent unless otherwise provided by law (e.g., easements or eminent domain).
• Examples:
  • Residential properties
  • Commercial establishments
  • Agricultural lands owned by private persons

2. Publicly Owned Property

Publicly owned property refers to assets owned by the State or any of its subdivisions (provinces, cities, municipalities, or barangays). Public ownership is further subdivided into property for public use and property of public dominion not for public use.

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A. Property for Public Use

Defined under Article 420 of the Civil Code, these are properties intended for general use by the public. They are considered inalienable and cannot be appropriated for private ownership while they retain their public use designation.

Examples:

• Roads, bridges, public plazas, parks, and rivers
• Public markets and other similar facilities directly benefiting the populace

Key Characteristics:

1. Inalienable While Public Use Exists: Such properties cannot be sold, transferred, or disposed of unless officially reclassified as patrimonial property.
2. Use by the Public: Open for unrestricted use by all members of society, subject to regulatory control.

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B. Property of Public Dominion Not for Public Use

Also under Article 420, these are properties owned by the State but are not intended for direct public use. They are, however, still held for public purposes, such as governmental operations.

Examples:

• Military installations
• Government offices and buildings
• State-owned forests or mineral reservations

Key Characteristics:

1. Inalienable Until Reclassified: Like property for public use, they cannot be disposed of unless declared patrimonial.
2. Reserved for State Functions: These assets are utilized to perform essential governmental roles.

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C. Patrimonial Property

Defined under Article 421, patrimonial property refers to State-owned properties that are no longer intended for public use or public service. Once declared patrimonial, these properties can be alienated or leased.

Key Characteristics:

1. Alienability: Patrimonial properties may be sold, leased, or otherwise disposed of by the State following applicable laws and regulations.
2. Private Use: Unlike public dominion properties, patrimonial assets may be converted for private use once properly acquired.
3. Examples:
   • Lands of the public domain classified as alienable and disposable
   • Old government-owned buildings sold at public auction

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3. Ownership by Local Government Units (LGUs)

Properties owned by local government units (LGUs) are classified similarly:

• Public use properties (e.g., municipal halls, local roads, parks)
• Patrimonial properties (e.g., LGU-owned commercial land or real estate projects)

Ownership and control are subject to provisions in the Local Government Code of the Philippines.

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4. Mixed Ownership

In some cases, property may involve shared ownership, such as:

• Co-ownership: Where multiple individuals share ownership rights over a single property, governed by Articles 484–501 of the Civil Code.
• Joint Ventures or Partnerships: Properties owned collectively by private entities and the government in certain projects, subject to public-private partnership agreements.

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5. Regulatory Considerations

Ownership classifications under Philippine civil law are further influenced by specific laws:

• The Public Land Act (Commonwealth Act No. 141): Governs alienable and disposable lands of the public domain.
• Indigenous Peoples’ Rights Act (RA 8371): Recognizes ancestral domain and lands owned collectively by indigenous peoples.
• The Constitution: Article XII limits foreign ownership of land and defines national patrimony.

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Key Distinctions Between Private and Public Ownership

Aspect	Private Ownership	Public Ownership
Purpose	For private benefit and use	For public benefit or governmental functions
Transferability	Freely transferable, subject to restrictions	Restricted; requires reclassification for alienability
Regulatory Framework	Civil Code, taxation, local ordinances	Civil Code, Constitution, special laws
Examples	Homes, private farms, commercial buildings	Parks, roads, government offices, patrimonial land

Understanding these distinctions helps in properly determining ownership rights and the legal implications for acquisition, use, and disposition under Philippine law.