PROPERTY OF PUBLIC DOMINION

PUBLIC DOMINION PATRIMONIAL PROPERTY

➢ Cannot be alienated or leased or • Needs a formal declaration to declare
otherwise be the subject matter of property as patrimonial (Laurel v.
contracts (Chavez v. PEA) Garcia; Chavez v. PEA)
➢ Cannot be acquired by prescription • Conversion of property from that of
against the State public to dominion to being
➢ is not subject to attachment and patrimonial only happens if it is
execution withdrawn from public use (Cebu
➢ Cannot be burdened by voluntary Oxygen and Acetylene Co. v. Bercilles)
easement (Villarico v. Sarmiento)
Categorized into:
• Public use
• Public service
STATE • Creeks, which are included under the
phrase “of other similar character”
under Art. 420(1) of the Civil Code
(Usero v. CA)
• Shores—when it becomes part of the
beach or seabed (Republic v. CA;
Chavez v. PEA) and/or reclamation—
when such reclamation was
undertaken by the State (Government
v. Cabangis)
• Streets/roads; the local government
has no authority to regulate such
property since the said property are
under the absolute control of
Congress (Macasiano v. Diokno)
• Property acquired, as indemnity from
the Japanese Government during the
last world war, is property intended

LOCAL GOVERNMENT
(Province, Municipality, etc.)
for some public service, hence, cannot
be alienated or leased. (Laurel v.
Garcia)
• Airport land and buildings are of
public dominion under the term
“ports”—an airport—and hence, not
subject to tax and is outside the
commerce of man. Terminal fees
being charged does not change the
property’s character as it is used for
its maintenance (MIAA v. CA and City
of Paranaque)
• Town plazas are of public use • Buildings/lands owned by the
o as such, no one can claim province in its proprietary/private
exclusive use of the land capacity; Congress has no absolute
(Harty v. Mun. of Victoria) control over such property (Province
o it cannot be alienated or of Zamboanga del Norte v. City of
leased or otherwise be subject Zamboanga)
matter of contracts (Mun. of • Road abandoned by the city upon
Cavite v. Rojas; Roman express declaration can be sold (Cebu
Catholic Bishop of Kalibo v. Oxygen and Acetylene v. Bercilles)
Mun. of Buruanga) • Old road, being declared as
• Public revenues can be considered as patrimonial by the provincial
constituting public service, and as government, can be closed and
such, cannot be subject to attachment conveyed to private persons, most
and execution (Mun. of San Miguel v. especially if there is authorization
Fernandez) from Congress which is implied by
• The movables (police cars, trucks, etc.) appropriating budget for the
and immovables (land) may not be construction of a new road in
attached and sold for the payment of replacement (Cabrera v. CA)
a judgment against the municipality
(Vda. De Tantoco v. Mun. Council of
Iloilo)
• Municipal roads are for public use,
 and can be established, closed, or
abandoned based on what the
municipality decides as best for the
public (Pilapil v. CA)

PRIVATE PROPERTY

Private corporations leasing from the Philippine Ports Authority
Market vendors in the town plaza of Pozorrubio, Pangasinan
Private firms leasing from the Iloilo Fishing Port Complex
Private Persons/Corporations leasing from the airport building
Private Property
• The warehouse is a separable and distinct improvement upon
the port. It is not open for use by everyone and is not
accessible to the public. Hence, it is subject to a business tax,
most especially because such warehouse is being leased to
private corporations. (Philippine Ports Authority v. City of Iloilo)
• The market stalls and residences constructed in the portions of
the plaza constitute a nuisance subject to abatement since
plazas are public dominion that should be open for
public/common use. It is not subject to exclusivity. (Espiritu v.
Mun. Council of Pozorrubio, Pangasinan)
• When a government instrumentality grants to a taxable
person, such as firms engaged in the fishing business, the
beneficial use of real property owned by the Republic, the
leased portions of said property is subject to real property tax,
like other private property. (Phil. Fisheries Development
Authority v. CA)
• The leased portions of the building to private persons or
corporations are the only ones taxable. (Manila International
Airport Authority v. CA and City of Paranaque)