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    Properties of Public Dominion

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    Aljay DAHAN
    This document discusses properties of public dominion under Philippine law. It states that public dominion property no longer intended for public use or service becomes part of the State's patrimonial property. For public dominion property to be acquired through prescription, the State must expressly declare it is no longer for public service or national development. Without such declaration, the property remains public dominion property incapable of private ownership even if classified as alienable.

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    Properties of Public Dominion

    Uploaded by

    Aljay DAHAN
    34 views1 page
    This document discusses properties of public dominion under Philippine law. It states that public dominion property no longer intended for public use or service becomes part of the State's patrimonial property. For public dominion property to be acquired through prescription, the State must expressly declare it is no longer for public service or national development. Without such declaration, the property remains public dominion property incapable of private ownership even if classified as alienable.

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    Land Title & Deeds; Concepts

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    This document discusses properties of public dominion under Philippine law. It states that public dominion property no longer intended for public use or service becomes part of the State's patrimonial property. For public dominion property to be acquired through prescription, the State must expressly declare it is no longer for public service or national development. Without such declaration, the property remains public dominion property incapable of private ownership even if classified as alienable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views1 page

    Properties of Public Dominion

    Uploaded by

    Aljay DAHAN
    This document discusses properties of public dominion under Philippine law. It states that public dominion property no longer intended for public use or service becomes part of the State's patrimonial property. For public dominion property to be acquired through prescription, the State must expressly declare it is no longer for public service or national development. Without such declaration, the property remains public dominion property incapable of private ownership even if classified as alienable.

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    © All Rights Reserved
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    Properties of Public Dominion

    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 State. National Government or any
    person authorized by it under a proper contract.

    Properties for public use or public service

    Article 422 of the Civil Code states that "[p]roperty of public dominion, when no longer intended for
    public use or for public service, shall form part of the patrimonial property of the State." It is this
    provision that controls how public dominion property may be converted into patrimonial property
    susceptible to acquisition by prescription. After all, Article 420 (2) makes clear that those property
    "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" are public dominion property. For as long as the property
    belongs to the State, although already classified as alienable or disposable, it remains property of
    the public dominion if when it is "intended for some public service or for the development of the
    national wealth."

    Accordingly, there must be an express declaration by the State that the public dominion property is
    no longer intended for public service or the development of the national wealth or that the property
    has been converted into patrimonial. Without such express declaration, the property, even if
    classified as alienable or disposable, remains property of the public dominion, pursuant to Article
    420(2), and thus incapable of acquisition by prescription. It is only when such alienable and
    disposable lands are expressly declared by the State to be no longer intended for public service or
    for the development of the national wealth that the period of acquisitive prescription can begin to
    run. Such declaration shall be in the form of a law duly enacted by Congress or a Presidential
    Proclamation in cases where the President is duly authorized by law.

    Inalienable Public Lands of Public Domain


    All lands not appearing to be clearly within private ownership are presumed to belong to the
    State. Accordingly, public lands not shown to have been reclassified or released as
    alienable agricultural land or alienated to a private person by the State remain part of the
    inalienable public domain

    Military installations, civil and quasi-public lands


    ‘Quasi‐public’ land is the term used to denote land or space which serves a public function but which is privately
    owner.

    All lands not classified as alienable or disposable


    unclassified lands are in the same footing as forest lands because these belong to the State; these
    are not alienable and disposable land of public domain; and these are not subject to private
    ownership

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