July 1, 2011

ATTY. MARCIANO DELSON Vice Dean & Professor San Beda College Alabang

Dear Sir, I have come to realize that you have come across an issue of whether or not municipality could sell vacant lot at the back of the municipal hall to SM. As you have mentioned, the said lot is being used as a market place on Saturdays and Sundays, and during the weekdays it is open to the public for games and other activities. Based on the facts that you have laid down to me, I am of the opinion that said sale could not take place. The vacant lot which would form the subject of the sale is, as according to law, a property of public dominion which cannot be the subject matter of contracts like sale. And to evidence such, Article 420 of the Civil Code of the Philippines states:
The following things are property of public dominion: 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; x x x

A property of public dominion is intended for the common and public welfare; its purpose is to satisfy the collective needs of the citizens, and so they cannot be the object of appropriation either by the State or by private persons.1 In your case, the

G.R. No. 149145

vacant lot, being a market place and an activity/game venue for the people belonging in the said municipality, meets the test of determining its classification. In the cases of Tantoco vs. Municipal Council of Iloilo 2 and Municipality of Cavite vs. Rojas3, it was reiterated that properties of public dominion are outside the commerce of men, thus, they cannot be the subject of any private contract (such as sale or lease), and they are not subject to execution. To conclude this letter, the facts given are clear as to what the issue is in this case, and it was regarding the disposal of a vacant lot by a municipality to a private corporation. In matters like this, the classification of such property must first be realized and applicable laws and jurisprudence must be carefully looked at. And based on the information gathered, the said sale could not take place since the supposed object of the contract is one of public dominion which, by law, cannot be alienated or disposed of since it is meant to meet the needs of the community.

YoursTruly, CASSANDRA I. BRAGADO 2C

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G.R. No. L-24950 G.R. No. L-9069