Zamboanga Del Norte vs. City of Zamboanga Et. al.March 28 1968 FACTS: After Zamboanga Province was divided into two (Zamboange Del norte and Zamboanga Del Sur), republic Act 3039 was passed providing that:All buildings, properties, and assets, belonging to the former province of Zamboanga and located within the City of Zamboanga are hereby transferred free of charge in favor of City of Zamboanga.Suit was brought alleging that this grant without just compensation was unconstitutional because it deprived the sites, hospital and leprosarium sites, and high school playgrounds. ISSUES:1.Are the properties mentioned, properties for public use or patrimonial property? 2. Should the city pay for said properties? HELD:1.If we follow the Civil Code classification, only the high school playgrounds are for public use since it is the only one that is available to the general public, and all the rest are patrimonial property since they are not devoted to public use but to public service. But if we follow the law on Municipal Corporation, as long as the purpose is for a public use, the property should be considered for public use. 2.If the Civil Code classification is used, since almost all the properties involved are patrimonial, the law would be unconstitutional since the province would be deprived of its own property without just compensation. If the law on Municipal Corporations would be followed, the properties would be of public dominion, and therefore no compensation would be required. It is the law on Municipal Corporation that should be followed. Firstly, while the Civil Code may classify them as patrimonial, they should not be regarded as ordinary private property. They should fall under the control of the State, otherwise certain governmental activities would be impaired. Secondly, Art. 424, 2nd paragraph itself says without prejudice to the provisions of special laws