Mindanao Bus case
Repair equipment shall remain as personal property because the transportation business is not carried on in that
building
Par. 6
For purposes of SALE, the animals shall be treated as personal property or if you DONATE the animal to a certain
individual
Par. 7
Insecticides
Par. 8
The waters referred to here are natural bodies of waters, so if you have several drums of water, which you keep in
your yard, the waters cannot be considered as immovable
Par. 9
BQ: There was a floating barge at a fixed place – immovable
Floating restaurant – immovable
Certain real property are by special provision of law also considered as movable property such as growing crops
(mobilization by anticipation)
11:05
Articles 419 to 425
Property is either of public dominion or of private ownership
Public Dominion:
1. Those intended for public use such as roads, canals, rivers, torrents, ports and bridges constructed by the
State, banks, shores, roadsteads, and others of similar character;
2. Those which belong to the State, without being for public use, and are intended for some public service or
for development of national wealth
“public use”
-open indiscriminately to the public
Some limitations on properties of public dominion:
1. They cannot be sold, leased or otherwise made the subject of contracts;
2. They cannot be acquired by prescription;
3. They cannot be attached and sold at public auction to satisfy any judgment;
4. They cannot be burdened with an easement;
5. They cannot be registered or titled under an individual’s name under the Torrens system
The government has two kinds of properties, either of public dominion or patrimonial property.
Property of public dominion, when no longer intended for public use or service shall form part of the
PATRIMONIAL property of the state
May a property of public dominion be converted to patrimonial property?
Yes. There must be formal declaration of executive or legislative department of such conversion.
Will the mere fact that property of public dominion is no longer being used for public use or public service
automatically convert it to patrimonial property?
No; the mere fact that the properties in Japan have not been actually used for their original purpose (embassy)
does not automatically convert them into patrimonial property. They remain part of the public domain and
consequently not available for private appropriation or ownership until there is a formal declaration on the part of
the Government to withdraw it from being such. Abandonment cannot be inferred, it must be definite.
In case of the absence of clear evidence as to the source of funds used in acquiring the property currently being
held by a LGU, the presumption is that it came from the State and that such LGU is holding it in trust for the benefit
of the locality
LGUs cannot authorize/award by virtue of a contract certain streets to private individuals to be converted into a
flea market as long as such street is for public use.
28:25
Chavez v. PEA
The reclaimed lands on Freedom Island which are covered by titles in the name of PEA are alienable lands of the
public domain but they may only be leased not sold to private corporations; they may however be sold to Filipino
citizens.
With respect to the submerged areas, they are inalienable and outside the commerce of man. Only after PEA has
reclaimed them may the government reclassify them as alienable and disposable lands (if no longer need for public
service).
The transfer of the submerged lands shall be void because the Constitution prohibits the alienation of our natural
resources other than agricultural lands of the public domain.