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CHAPTER 3

PROPERTY IN

RELATION TO THEPERSON TO WHOMIT BELONGS

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ARTICLE 419

Property is either publdominion or of private

ownership

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Public dominion- propertowned by the State in its por sovereign capacity andintended for public use and

for the use of the State as  juridical person.

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Private ownership or property by:

a. T! S"#"! in its privatecapacity, and is known aspatrimonial property; and

b. P$i%#"! &!$'on', eitherindividually or collectively

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Salas vs. arencio, !" S#$% &'! ()*&Property is presumed to be State p

in the absence of any showing to the

contrary.

arate vs. irector of /ands, !'! S#$

(+00!: 1he burden of proof to overcome thpresumption of ownership of lands ofpublic domain is on the person apply

registration.

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ARTICLE 4() 1he following things are property of public

dominion:).1hose intended for public use, such as

canals, rivers, torrents, ports, and bridconstructed by the State, banks, shore

roadsteads, and others of similar char

+.1hose which belong o the State, withofor public use, and are intended for so

public service or for the development

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' kinds of property of public domin

). Property intended for public u

+. Property which is not for publibut intended for some public servi

'. Property, even if not employedpublic use or public service, but in

for the development of the nationa

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Property of public dominion is outside thcommerce of men.

 1hey cannot be:a. soldb. leasedc. subject matter of contracts

d. ac2uired by prescriptione. encumbered, attached, or be subject  f. burdened by easementsg. registered under land registration law

 

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ARTICLE 4(1

%ll other property of the Stwhich is not of the character

stated in the preceding articpatrimonial property.

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P#"$imoni#l &$o&!$"*- is thproperty of he State owned

in its private or proprietarycapacity.

- it is property over which tState has the same rights, a

which it may dispose to the

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ARTICLE 4((

Property of public dominionwhen no longer intended for

public use or for public servishall form part of the patrimproperty of the State.

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4gnacio vs. irector of /ands, )05 Phil()*"0:

% property continues to be part of thdomain, not available for private appror ownership until there is a formal de

on the part of the government to withfrom being such.

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ARTICLE 4(3

 1he property of provincecities and municipalities idivided into property for puse and patrimonial prope

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ARTICLE 4(4

Property for public use, in the procities, and municipalities, consist oprovincial roads, city streets, muni

streets, the s2uares, fountains, puwaters, promenades, and public wpublic service paid for by said prov

cities, or municipalities.

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