DEL GOBIERNO DE LA RASD
5.2. estructurA orgAniZAtivA
b. For public service—may be used only by authorized persons but exists for the benefit of all e.g. fortresses, unleased mines and civil buildings
c. For development and national wealth—
includes natural resources such as minerals, coal, oil and forest
2. Administered by Municipal Corporations Article 424, Civil Code. Property for public use, in the provinces, cities, and municipalities, 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.
Property of public dominion is outside the commerce of man—
They cannot be the subject matter of private contracts, cannot be acquired by prescription and they are not subject to attachment and execution nor burdened with a voluntary easement.
PRIVATE OWNERSHIP
Can be exercised by the State in its private capacity or by private persons
Patrimonal Property of the State—
Article 421, Civil Code. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property.
1. Owned by the State over which it has the same rights as private individuals in relation to their own property
2. Subject to the administrative laws and regulations on the procedure of exercising such rights.
3. Examples: friar lands, escheated properties and commercial buildings
4. Purpose of Patrimonial Property
a. Enables the State to attain its economic ends
b. Serves as a means for the State’s subsistence and preservation
c. Enables the State to fulfill its primary mission
5. Conversion of Property of Public Dominion to Patrimonial Property—
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Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State [Art.
422, Civil Code]
6. Requires a Declaration by the Government through its executive or legislative departments to the effect that it is no longer needed for public use or service.
Patrimonial Property of Municipal Corporations—
Article 424(2), Civil Code. All other property possessed by any of them [the provinces, cities, and municipalities] is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws.
1. The province or municipality, as a juridical entity, also possesses private property to answer for its economic necessities.
2. Classification of Properties of provinces, cities and municipalities (Salas v.
Jarencio)
a. Properties acquired with their own funds in their private or corporate capacity over which the political subdivision has ownership and control b. Properties of public dominion held in
trust for the State’s inhabitants are subject to the control and supervision of the State
3. A municipal corporation must prove that they acquired the land with their own corporate funds—
The presumption is that land comes from the State upon the creation of the municipality.
All lands in the possession of the municipality, EXCEPT for those acquired with its private funds, are deemed to be property of public dominion, held in trust for the State for the benefit of its inhabitants.
Congress has paramount power to dispose of lands of public dominion in a municipality, the latter being a subdivision only for purposes of local administration. (Salas v.
Jarencio)
Private Property of Private Persons—
Article 425, Civil Code. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively.
Refers to all property belonging to private persons, natural or juridical, either
individually or collectively (co-owned property)
CONVERSION
Alienable Public Land converted to Private Property through Prescription—
Alienable public land held by a possessor – personally/through predecessors-in-interest, openly, continuously and exclusively – for 30 years is CONVERTED to private property by the mere lapse or completion of the period.
The application for confirmation is mere formality, because land had already been converted, giving rise to a registrable title.
(Director of Lands v. IAC) See New Law
Private Land converted to Property of Public Dominion through abandonment and reclamation—
Through the gradual encroachment or erosion by the ebb and flow of the tide, private property may become public IF the owner appears to have ABANDONED the land, and permitted it to be totally destroyed so as to become part of the shore. The land having disappeared on account of the gradual erosion, and having remained submerged until they were reclaimed by the government, they are public land.
(Government v. Cabangis)
C. OTHER CLASSIFICATIONS By their physical existence—
1. Corporeal
All property the existence of which can be determined by the senses (res qui tangi possunt)
2. Incorporeal
a. Things having abstract existence, created by man and representing value.
b. Includes rights over incorporeal things, credits, and real rights other than ownership over corporeal things.
By their autonomy or dependence—
1. Principal
Those to which other things are considered dependent or subordinated, such as the land on which a house is built.
2. Accessory
Those which are dependent upon or subordinated to the principal. They are destined to complete, enhance or ornament another property.
CIVIL LAW REVIEWER Chapter I. DEFINITION and CLASSIFICATION of PROPERTY
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By their subsistence after use—
Article 418, Civil Code. Movable property is either consumable or nonconsumable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others.
1. Consumable
a. Those whose use according to their nature destroys the substance of the thing or causes their loss to the owner.
(ex: food)
b. Consumable goods cannot be the subject matter of a contract of commodatum unless the purpose of the contract is not the consumption of the object, as when it is merely for exhibition.
2. Non-consumable— e.g. money in coin Susceptibility to substitution—
1. Fungibles
Things which because of their nature or the will of the parties, are capable of being substituted by others of the same kind, not having a distinct individuality.
2. Non-Fungibles
Things which cannot be substituted for another
Consumable v. Fungible: It is the intention of the parties to a contract which determines whether the object is fungible or fungible and not the consumable or non-consumable nature of the thing.
By susceptibility to deterioration—
1. Deteriorable that deteriorate through use or by time
2. Non-deteriorable
By reason of their susceptibility to division—
1. Divisible
Those which can be divided physically or juridically without injury to their nature. E.g.:
piece of land or an inheritance.
2. Indivisible
Those which cannot be divided without destroying their nature or rendering impossible the fulfillment of the juridical relation of which they are object.
By reason of designation—
1. Generic
That which indicates its homogenous nature, but not the individual such as a horse, house, dress, without indicating it.
2. Specific
That which indicates the specie or its nature and the individual, such as “the white horse of X”.
Existence in point of time—
1. Present
Those which exist in actuality, either physical or legal, such as, the erected building.
2. Future
Those which do not exist in actuality, but whose existence can reasonably be expected with more or less probability, such as ungathered fruits.
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Chapter II. Ownership
I. DEFINITION
II. BUNDLE OF RIGHTS IN OWNERSHIP III. SPECIFIC RIGHTS OF THE OWNER
IV. LIMITATIONS ON THE RIGHTS OF OWNERSHIP
I. Definition
Independent right of exclusive enjoyment and control of a thing
For the purpose of deriving all advantages required by the reasonable needs of the owner/holder of right and promotion of general welfare
A thing pertaining to one person
Completely subjected to his will
In everything not prohibited by public law or the rights of another
II. Rights Included in Ownership
Art. 428, Civil Code—
1. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.
2. The owner has also a right of action against the holder and possessor of the thing in order to recover it.