Property In Relation To The Person To Whom It Belongs Flashcards
PUBLIC DOMINION
Those owned by the State its public or sovereign capacity and NOT as juridical person.
They are simply under the jurisdiction and administration of the State for the collective enjoyment of the people.
Three kinds of property public dominion? (Art. 420)
(a) Those intended for public use, such as roads, canals, rivers, torrent, ports and bridges constructed by the State, banks, shores, roadsteads, and other similar character;
(b) Those which belong to the State, without being for public use, and are intended for some public service; or
(c) For the development of the national wealth.
PUBLIC LANDS
Uniformly used to describe national domain under the legislative the legislative power of Congress as has not been subjected to private right or devoted to public use.
PATRIMONIAL PROPERTY
Properties of the State owned by it in its private or proprietary capacity.
(a) To which the State has the same rights or which it may dispose, to the same extent as a private individual.
(b) May be acquired by prescription.
(c) Can become object of an ordinary contract.
What are the properties of political subdivision for public use? (Art. 424)
[They] consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities.
Province of Zamboanga Del Norte v. City of Zamboanga
To be considered public it is enough the property be held and devoted for governmental purposes like local administration, public education, public health, etc.
Laurel v. Garcia; Roppongi Property
Conversion of the state of a property cannot be inferred from non-use. It only happens if the property withdrawn from public use, there must be a formal declaration on the part it from being such.