Villarico v.

Sarmiento
GR No. 136438| Nov. 11, 2004| Objects of Possession| Sandoval-Guttierez| Da Silva
Petitioner: Teofilo Villarico
Respondents: Vivencio Sarmiento
Recit-Ready: The Sarmientos constructed a building on a parcel of land in
Paranaque allegedly owned by the Villaricos. The lot was located near Ninoy Aquino
Avenue, which is a highway. The Villaricos, claiming to have been unlawfully deprived
of possession of their property, filed a complaint for accion publiciana seeking to
regain possession of the property. The RTC and CA ruled in favor of the Sarmientos.
So the Villaricos elevated the case to the SC. The issue is whether or not the accion
publiciana complaint may prosper. The Court here said no. The Court opined that the
property in contention was property of public domain, being within the purview of
Article 420 of the Civil Code. Since property of public dominion is outside the
commerce of man, it cannot be alienated or leased, or otherwise be the subject
matter of contracts. This renders the contested property incapable of being the
object of possession as Article 530 of the Civil Code provides that only things and
rights which are susceptible of being appropriated may be the object of possession.
Doctrine: Only things and rights which are susceptible of being appropriated may be
the object of possession.
RATIO:
Issue 1: the lot on which petitioner's alleged "right of way" exists belongs to the state
or property of public dominion. Property of public dominion is defined by Article 420
of the Civil Code as follows:
"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, roadsteads, and
other of similar character.
(2) Those which belong to the State, without being for public use, and are
intended for some public service or for the development of the national
wealth."
Public use is "use that is not confined to privileged individuals, but is open to the
indefinite public." Records show that the lot on which the stairways were built is for
the use of the people as passageway to the highway. Consequently, it is a property of
public dominion.

Property of public dominion is outside the commerce of man and hence it: (1) cannot
FACTS: be alienated or leased or otherwise be the subject matter of contracts; (2) cannot be
1. The Spouses Villarico owned a parcel of land in Paranaque City evidenced by acquired by prescription against the State; (3) is not subject to attachment and
a TCT. Said parcel of land was situated near Ninoy Aquino Avenue (a execution; and (4) cannot be burdened by any voluntary easement.
highway)
Considering that the lot on which the stairways were constructed is a property of
2. Sometime in 1991, the Sarmientos constructed a building on the parcel of
public dominion, it cannot be burdened by a voluntary easement of right of way in
land owned by the Villaricos. Part of the said building would later be
favor of herein petitioner. In fact, its use by the public is by mere tolerance of the
occupied by Andok’s Litson Corporation, and a Carinderia.
government through the DPWH. Petitioner cannot appropriate it for himself. Verily, he
3. The Villaricos filed a complaint for accion publiciana seeking to regain
cannot claim any right of possession over it. This is clear from Article 530 of the Civil
possession of the land, arguing that the construction of the building by the
Code which provides:
Sarmientos unlawfully deprived them of possession of the parcel of land.
4. The RTC ruled in favor of the Sarmientos, and the CA affirmed the ruling of
ART. 530. Only things and rights which are susceptible of being appropriated
the trial court. Hence this petition.
may be the object of possession.

ISSUE/S:

W/N the accion publiciana complaint may prosper – NO.

Since property of public dominion cannot be appropriated, it necessarily follows that
the disputed property, being property of public dominion, cannot be appropriated, and
may not be the object of possession.