NEW CIVIL CODE: ART. 420 – The following things are property of public dominion: 1.

Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks , shores, and others of similar character; 2. Those which belong to the State, without being for public use, and are intended for some public service of for the development of the national wealth. (3) Kinds of Property of Public Dominion 1. Public Use – roads, canals (may be used by anybody) 2. Public service – like national government buildings, army rifles , army vessels ( may be used only by duly authorized persons.) 3. Development of National Wealth – like our natural resources.

CHARACTERISTICS of Properties of Public Dominion  They are outside the commerce of man , and cannot be leased, donated, sold, or be the object of any contract (Mun. of Cavite v. Rojas 30 phil. 602) They , as well their usufruct, cannot be levied upon by execution, nor can they be attached. (Tufexis vs. Olaguera, Tan Toco vs. Municipal Council of Iloilo 49 phil 52)

ART. 421 – All other property of the State, which is not of the character stated in the preceding article, is patrimonial property.  Patrimonial Property of the state is the property it owns but which is not devoted to public use , public service , or the development of the national wealth. It is owned by the State in its private, as distinguished from its public, capacity.

ART. 422 – Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the sale.

the squares. All other property possessed by any of them is patrimonial and shall be governed by this Code. 423 – Property for public use. cities. city streets . local administration). promenades. the property should be considered for PUBLIC USE. municipal streets. without prejudice to the provisions of special laws. in the provinces.NEW CIVIL CODE : ART. MUNICIPAL CORPORATIONS CODE: As long as the purpose is for public service (governmental service like public education. cities and municipalities consist of the provincial roads. public health. . or municipalities. and public works for public service paid for by said provinces.