Property Reviewer Paras
Property Reviewer Paras
Property Reviewer Paras
Who may execute a donation? Any right in the Nature of Property Less than Title
3
PNB vs CA (82 SCAD 472 (1997): The term interests is (7)Fertilizer actually used on a piece of land;
broader and more comprehensive than the word title (8)Mines, quarries, and slag dumps, while the
and its definition in a narrow sense by lexicographers as matter thereof forms part of the bed, and
any right in the nature of property less than title, indicates waters either running or stagnant;
that the terms are not considered synonymous. It is (9)Docks and structures which, though floating, are
practically synonymous, however, with the word estate intended by their nature and object to remain at
which is the totality of interest which a person has from a fixed place on a river, lake, or coast;
absolute ownership down to naked possession. An (10) Contracts for public works, and servitudes
interest in land is the legal concern of a person in the and other real rights over immovable property.
thing or property, or in the right to some of the benefits or
uses from which the property is inseparable. Immovable property (as defined in dictionaries) that
which is firmly fixed, settled, or fastened; that which is fixed
Chapter 1 IMMOVABLE PROPERTY in a definite place; subject to exceptions.
Art. 415. The following are immovable property: Academic Classification of Real Properties (Presbitero v.
(1)Land, buildings, roads and constructions of all Fernandez, L-19527, Mar. 30, 1963)
kinds adhered to the soil; (a) Real property by nature (trees & plants)
(2)Trees, plants, and growing fruits, while they are (b) Real property by incorporation (buildings)
attached to the land of form an integral part of (c) Real property by destination or purpose (machinery
an immovable; placed by the owner of a tenement on it for direct use
(3)Everything attached to an immovable in a fixed in an industry to be carried on therein)
manner, in such a way that it cannot be (d) Real property by analogy (right of a usufruct, contract
separated therefrom without breaking the for public works, easements and servitudes
material or deterioration of the object;
(4)Statues, reliefs, paintings, or other objects for Paragraph 1: Land, buildings, roads, and
use or ornamentation, placed in buildings or on constructions of all kinds adhered to the soil.
lands by the owner of the immovable in such a Land: Immovable by its very nature;
manner that it reveals the intention to attach o Immovable: even if moved by an earthquake or
them permanently to the tenements; extraordinary happening, or if rented.
(5)Machinery, receptacles, instruments or o Personal property: a shovelful of land, as it no
implements intended by the owner of the longer adheres to the soil.
tenement for an industry or works which may be Buildings: considered immovable provided they are
carried on in a building or on a piece of land, more or less of a permanent structure, substantially
and which tend directly to meet the needs of the adhering to the land, and not mere superimpositions
said industry or works; on the land or Quonset fixtures and provided there is
(6)Animal houses, pigeon-houses, beehives, fish the intent of permanent annexation (Luna v.
ponds or breeding places of similar nature, in Encarnacion, et al., 91 Phil. 531)
case their owner has placed them or preserves o The law does not distinguish as to who built or
them with the intention to have them owns the building. (Ladera v. Hodges, CA, 48
permanently attached to the land, and forming a O.G. 5374)
permanent part of it; the animals in these places
are included;
4
o The inclusion of building separate and distinct o Luna v. Encarnacion, et al., (91 Phil. 531): A
from the land is because the building is by itself building subjected to a chattel mortgage cannot be
an immovable property. mean that a building is sold extra-judicially
by itself an immovable property. (Lopez v. Building Mortgaged Separately from the Land on
Oroso, Jr., et al., L-10817-18, Feb. 28, 1958; Which It Has Been Built
Assoc., Inc. and Surety Co., Inc. v. Iya, et al., L- o Leung Yee v. Strong Machinery Co. (37 Phil. 644);
10837-38, May 30, 1958) Evangelista v. Alto Surety and Ins., Co., Inc. (L-
o Mortgage on a building is a real estate 11139, Apr. 23, 1958): In case such a building is
mortgage. The nature of the building as real made the subject of a chattel mortgage, and the
property does not depend on the way the mortgage is registered in the chattel mortgage
parties deal with it. (Leung Yee v. Strong registry, the mortgage would still be void insofar as
Machinery Co., 37 Phil. 644; Ladera v. Hodges, third persons are concerned.
[CA] 48 O.G. 5374) o Manalansan v. Manalang, et al. (L-13646, July 26,
o Leung Yee v. Strong Machinery Co. (37 Phil. 1960): There is no legal compulsion to register
644): The building is real property The mere transactions over buildings that do not belong to
fact that the parties decided to deal with the the owners of the lands on which they stand.
building as personal property does not change Sale or Mortgage of a Building which Would Be the
its character as real property. Object of Immediate Demolition
o Prudential Bank v. Panis (GR 50008, Aug. 31, o Bicerra, et al. v. Teneza, et al., (L-16218, Nov. 29,
1988): While a mortgage of land necessarily 1962): May be considered personal property and
includes, in the absence of stipulation of the the sale or mortgage thereof would be a sale of
improvements thereon, buildings, still a building chattel, or a chattel mortgage, for the true object of
by itself may be mortgaged apart from the land the contract would be the materials thereof.
on which it has been built. Such a mortgage Ministerial Duty of the Registrar of Property
would still be considered immovable property o Standard Oil Co. v. Jaranillo (44 Phil. 631): The
even if dealt with separately and apart from the registrar has the ministerial duty to record the
land. chattel mortgage since he is not empowered to
May a house built on rented land be the object of a determine the nature of any document of which
mortgage? Yes real estate mortgage; registration is sought as a chattel mortgage. The
Conditions for a house built on rented land be a registrars duty is MINISTERIAL in character. There
subject of chattel mortgage: is no legal provision conferring upon him any
1. The parties to the contract so agree, and judicial or quasi-judicial power to determine the
2. No innocent third party will be prejudiced nature of the document presented before him.
o If a chattel mortgage is made on a building, and o Toledo-Banaga v. CA (102 SCAD 906, 302 SCRA 331
subsequently a real mortgage is made on the land (1999): It is a ministerial function of the Register of
and the building: real mortgage should be Deeds to comply with the decision of the court to
preferred. issue a title and register a property in the name of
o Manalang, et al. v. Ofi lada, (L-8133, May 18, 1956): a certain person, especially when the decision had
Even if so stipulated as personal property, for attained finality.
purposes of sale at a public auction, the house Constructions of All Kinds
should be considered real property.
5
o It is understood that the attachment must be more o Once severed, it becomes personal property even if
or less permanent; as long as there is an intent to left scattered or lying about the land.
permanently annex. Synonyms
o Growing crops = standing crops, or
Paragraph 2: Trees, plants and growing crops, while ungathered fruits of growing fruits
they are attached to the land or form an integral part Paragraph 3: Everything attached to an immovable in
of an immovable. a fixed manner, in such a way that it cannot be
Trees and Plants separated therefrom without breaking the material or
o Real property by nature: if they are the deterioration of the object. (res vinta in Roman Law)
spontaneous products of the soil; For the incorporated thing to be considered real
o Real property by incorporation: if planted thru labor. property, the injury or breakage or deterioration in
o The moment they are detached or uprooted from case of separation must be SUBSTANTIAL.
the land, they become personal property, except Examples: Fixed fire escape stairway embedded in the
for uprooted timber from a timber land. walls of a house, aqueduct, sewer, well.
o Trees blown by a typhoon remain part of the land Distinctions:
and should be considered real property. Paragraph 3 Paragraph 4
Registration of Land Containing Trees and Plants 1. Cannot be separated 1. Can be separated
o Lavarro v. Labitoria (54 Phil. 788): Trees and plants from immovable from immovable
annexed to the land are parts thereof, and unless without breaking or without breaking or
rights or interests in such trees or plants are deterioration deterioration
claimed in the registration proceedings by the 2. Need NOT be placed 2. Must be placed by the
others, they become the property of the person to by the owner (Ladera owner, or by his
whom the land is adjudicated. vs Hodges, CA 48 O.G. agent, express or
Growing Crops on Ones Own Land 5374) implied
o Geguillana v. Buenaventura, et al. ([CA] GR 3861-R, 3. Real property by 3. Real property by
Jan. 31, 1951): ...trees remain real property even if incorporation incorporation and
sold separate and apart from the land on which destination
they grow as long as the trees are still attached to
the land if from an integral part thereof. Properties temporarily removed, but there is an
o Under express provisions: growing crops are intention to replace them should be regarded as
considered real property by incorporation; personal property inasmuch as the incorporation has
o Under Rules of Court: growing crops are attached in ceased.
the same way as a real property;
o Under Chattel Mortgage Law: growing crops may be Paragraph 4: Statues, reliefs, paintings or other
considered as personal property, and may thus be objects for use or ornamentation, placed in buildings
subject of chattel mortgage. or on land by the owner of the immovable in such a
Growing Crops on Anothers Land manner that it reveals the intention to attach them
o Growing crops whether on ones land or on permanently to the tenements.
anothers as in case of usufructuary, a possessor or Examples: fixed statue in the garden of a house,
a tenant, should be considered real property. permanent painting on the ceiling, picture embedded
o Important consideration: still attached to the land
6
in the concrete walls of a house, rug or carpet fastened o Immovable/real: if still needed for the industry, but
to the floor. separated temporarily; -- not to real property by
Placing by the Owner incorporation but to real property by destination or
o Objects must be placed by the owner of the purpose.
immovable and not necessarily by the owner of the Examples (cases):
object. o Berkenkotter v. Cu Unjieng (61 Phil. 663): Machines
o Valdez v. Altagracia (225 U.S. 58): Owner may act placed in a sugar central being subjected of a real
thru his agent, or in case of insanity through the estate mortgage, the machines become subject to
owners duly appointed guardian. such mortgage.
o Davao Sawmill v. Castillo (61 Phil. 709): If placed by The mortgage of a parcel of land generally
a mere tenant, the objects must remain chattels or includes all future improvements that may be
personalty for the purposes of Chattel Mortgage found on said parcel. These improvements
Law. include real properties because they are
essential and principal elements of the business,
Paragraph 5: Machinery, receptacles, instruments, or without which, the business would be unable to
implements intended by the owner of the tenement carry out its industrial purpose.
for an industry or works which may be carried on in a o Machinery v. Pecson (L-7057, Oct. 29, 1954):
building or on a piece of land, and which tend directly Machines attached to concrete foundations of
to meet the needs of the said industry or works. (Real buildings in a fixed manner such that they cannot
property by destination or purpose) be separated therefrom without unbolting and
Essential Requisites: cutting some supports.
1. Placing must be made by the owner of the o Davao Sawmill Co. v. Castillo (61 Phil. 709):
tenement, his agent, or duly authorized Immobilization by destination or purpose cannot
representative. generally be made by a person whose possession
2. Industry or works must be carried on IN the building of the property is only TEMPORARY, otherwise, it
or ON the land. Transportation businesses is not may be presumed that the intention is to give the
included. (Mindanao Bus Co. v. City Assessor, L- property permanently away in favor of the owner of
17870, Sep. 29, 1962) the premises.
3. Must tend directly to meet the needs of said Machinery which is movable in its nature
industry or works adaptability. becomes immobilized when placed in a plant by
4. Must be essential and principal elements in the the owner of the property or plant, but not when
industry, and not merely incidental. so placed by a tenant, a usufructuary, or a
Test on whether the equipment is movable or person having only a temporary right, unless
immovable: If the business can continue to carry such person acted as the agent of the owner.
on their functions without the incidental o Valdez v. Central Altagracia, Inc. (25 U.S. 58):
equipment. (Mindanao Bus Co. v. City Assessor Machinery placed on property by a tenant does not
and Treasurer, L-17870, Sep. 29, 1962) become immobilized: when however, a tenant
Effect of Separation places it pursuant to a contract that it shall belong
o Chattel: if machine is still in the building, but is no to the owner, it becomes immobilized as to that
longer used; tenant and his assigns having notice, although it
7
does not become so as to the creditors not having Alienation of personal property, unless the building
legal notice of the lease. or the tenement is itself also alienated.
o When is machinery attached to land or a tenement Reason: The animal structures must of necessity be
considered immovable? Par.5, Art. 415 detached from the immovable.
Exception: When placed on the land or Temporary Structures of Cages
tenement by a TENANT. o Easily removable or which may be carried from
Exception to the exception: (a) When the tenant place to place chattel.
had promised to leave the machinery on the
tenement at the end of the lease, or (b) when he Paragraph 7: Fertilizer actually used on a piece of
acted only as agent of the owner of the land. land.
o Ago v. Court of Appeals, et al. (L-17898, Oct. 31, Considered personal property when NOT yet been
1962): Sawmill machineries and equipment actually used or spread over the land.
installed in a sawmill for use in the sawing of logs, a
process carried on in said building, become real Paragraph 8: Mines, quarries, and slag dumps while
properties, and if they are judicially sold on the matter thereof forms part of the bed, and waters,
execution without the necessary advertisement of either running or stagnant.
sale by publication, the sale made by the sheriff Real property: when mines, including the minerals are
would be null and void. still attached thereto;
o Peoples Bank and Trust Co. v. Dahican Lumber Co. o Chattels: when minerals have been extracted.
(L-17500, May 16, 1967): After-acquired properties o Slag dump dirt and soil taken from a mine and
may be treated either as (a) real property by (e.g) piled upon the surface of the ground.
subjecting them to the lean of the real estate o Waters those still attached to or running thru
mortgage; or as (b) personal property by (e.g) the soil or ground.
executing chattel mortgage. Water: personal property
o Board of Assessment Appeals, Q.C. v. Meralco (10 Other bodies of water (canals, rivers, lakes,
SCRA 68): WON steel towers or poles of the part/s of the sea) as may be object of
MERALCO considered real or personal properties: appropriation: real property
PERSONAL does not come under Pars. 1, 3 & 5 of
Art. 415. Paragraph 9: Docks and structures which, though
floating, are intended by their nature and object to
Paragraph 6: Animal houses, pigeon-houses, remain at a fixed place on a river, or coast.
beehives, fishponds or breeding places of similar
Floating House
nature, in case their owner has placed them or
o Real property: when tied to a shore or bank post
preserves them with the intention to have them
and used as a residence;
permanently attached to the land, and forming a
o If a floating house makes it a point to journey from
permanent part of it; the animals in these places are
included. place to place: vessel
Alienation of the Animals Vessels
o When the animals inside the permanent animal o Philippine Refining Co., Inc. v. Jarque (61 Phil. 229):
houses are alienated onerously or gratuitously: Considered personal property. may be subject of a
chattel mortgage.
8
o Although vessels are personal property, they o Par. 1: fountain pen, piano, animals
partake to a certain extent of the nature and o Par. 2: growing crops, machinery on a tenement by
conditions of real property because of their value a tenant who did not act as the agent of the
and importance in the world of commerce. tenement owner. (Davao Sawmill v. Castillo, 61 Phil.
709)
Paragraph 10: Contracts for public works, and o Par. 3: electricity, gas, light, nitrogen (U.S. v. Carlos,
servitudes and other real rights over immovable 21 Phil. 543)
property. o Par. 4: machinery not attached to land nor needed
Rights for the carrying on of an industry conducted
o Necessarily intangible; therein; portable radio, laptop, diploma hanging on
o The piece of paper on which the contract for public the wall
works has been written is necessarily personal
property, but the contract itself (the right to the Cases:
contract) is real property. o Sibal v. Valdez, 50 Phil. 512: The existence of a
o A servitude or easement is an encumbrance right on the growing crop is a mobilization by
imposed on an immovable for the benefit of anticipation, a gathering as it were, in advance,
another immovable belonging to another owner, or rendering the crop movable.
for the benefit of a person, group of persons, or a
community. o U.S. v. Carlos (21 Phil. 543): The true test of what
o Usufruct of personal property or lease of personal may be stolen is not whether it is corporeal or
property: personal property incorporeal, but whether, being possessed of value,
Real Property by Analogy a person other than the owner, may appropriate
o Considered real property, although they are not the same.
material, they nevertheless partake of the essential
characteristics of immovable property. o Involuntary Insolvency of Stochecker v. Ramirez (44
Phil. 933): Drugstore business should be
Chapter 2 MOVABLE PROPERTY considered personal property, and may thus be the
subject of a chattel mortgage.
Art. 416. The following things are deemed to be
personal property: Three Tests to Determine whether Property Is Movable
(1)Those movables susceptible of appropriation or Immovable (Manresa):
which are not included in the preceding article; 1. If the property is capable of being carried from
(2)Real property which by any special provision of place to place (Test by description)
law is considered as personalty; 2. If such change in location can be made without
(3)Forces of nature which are brought under injuring the real property to which it may in the
control by science; and meantime be attached (Test by description);
(4)In general, all things which can be transported 3. If the object is not one of those
from place to place without impairment of the enumerated/included in Art. 415 (Test by exclusion)
real property to which they are fixed. * Test by exclusion superior to test of description
Examples:
9
Other incorporeal movables: Patent, copyright, right to o Mortgage on real estate is a real property by
an invention (intellectual properties) personal analogy.
property.
Paragraph 2: Shares of stock of agricultural,
Personal effects include only such tangible commercial, and industrial entities, although they may
property as applied to a person (automobiles not have real estate.
included) (Hemnani v. Export Control Committee, L- Examples:
8414, Feb. 28, 1957) o Share of stock in a gold mining corporation:
o Personal effects are personal property, but not all personal property;
personal property are personal effects. o Gold mine itself, as well as any land of the
corporation: real property by the law;
Order of Demolition o Certificate evidencing ownership of the share and
o City of Baguio v. Nio, 487 SCRA 211 (2006): What the share itself: personal property may be the
is the extent to which an administrative entity may object of mortgage.
exercise process depend largely on?
o Depends on the provisions of the statute o Cedman v. Winslow (10 Mass. 145): Even if the sole
creating or empowering such agency. property of a corporation should consist only of real
property, a share of stock in such is considered
Art. 417. The following are also considered as personal property.
personal property:
(1)Obligations and actions which have for their All shares in all juridical persons should be considered
object movables or demandable sums; and personal property.
(2)Shares of stock of agricultural, commercial and o Involuntary Insolvency of Stochecker v. Ramirez (44
industrial entities, although they may have real Phil. 933): Half-interest in a business is personal
estate. property is capable of being the subject of a chattel
mortgage. However, a half-interest in a building
Paragraph 1: Obligations and actions which have for (and not the business) is a real right therefore,
their object movables or demandable sums. by itself a real property.
Examples:
o Right to bring an action to recover a stolen Enforcement of Property Rights in Shares of Stock
automobile is personal property by itself. o Black Eagle Mining Co. v. Conroy, et al. (221 Pac.
o Credit as well as the right to collect by judicial 425, 426): The property right of shares of stock can
action is personal property. only be exercised or enforced where the
o Illegal object is not considered demandable, corporation is organized and has its place of
therefore, no right exists. business, and can exist only as an incident to and
o A right to recover possession (e.g. a piece of land) connected with the corporation
is considered real, and not personal property. the
object of such right is immovable. o Com. of Customs v. Capistrano (L-11075, June 30,
o Promissory note, as well as right to collect it, are 1960): When it is in domestic circulation, money is
personal property. legal tender and is, therefore, NOT merchandise.
When, however, it is attempted to be exported or
10
smuggled therefore now considered as a o Heirs of Proceso Bautista v. Sps. Barza (GR 79167,
merchandise or commodity May 7, 1992): The function of administering and
o Whether the money is legal tender or not, whether disposing of lands of the public domain in the
it is a merchandise or not, it is PERSONAL property. manner prescribed by law is not entrusted to the
courts but to executive officials.
Art. 418. Movable property is either consumable or (b) In a private capacity (propiedad privado)
non-consumable. To the first class belong those State may own properties both in:
movables which cannot be used in a manner 1. public capacity (properties of public dominion);
appropriate to their nature without their being and
consumed; to the second class belong all the others. 2. private capacity (patrimonial property)
Consumable property cannot be used according to Art. 420. The following things are property of public
its nature without its being consumed. dominion:
Non-consumable any other kind of movable (1)Those intended for public use, such as roads,
property canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores,
Classification: roadsteads, and others of similar character;
(a) According to their nature: (2)Those which belong to the State, without being
1. Consumable for public use, and are intended for some public
2. Non-consumable service or for the development of the national
(b) According to the intention of the parties: wealth.
1. Fungible (res fungibles) that which is
replaceable by an equal quality and quality, Public Dominion ownership by the State in that the State
either by the nature of things, or by common has control and administration;
agreement; equivalent thing be returned o Ownership by the public in general, in that
2. Non-fungible (res nec fungibles) if not even the State or subdivisions thereof
irreplaceable, because the identical objects may make them the object of commerce as
must be returned; (even though by nature it is long as they remain properties for public use.
consumable) o Examples: river, town plaza
Credit transactions: Loan for consumption: simple loan o Republic of the Phils. v. Lat Vda. De Castillo, et al.GR
or mutuum; Loan for exhibition: commodatum 69002, June 30, 1988): Mere possession of land does
not by itself automatically divest the land of its public
Chapter 3 PROPERTY IN RELATION TO THE PERSON character.
TO WHOM IT BELONGS
Three Kinds of Property of Public Dominion
Art. 419. Property is either of public dominion or of 1. For public use may be used by anybody (e.g. roads,
private ownership. canals)
2. For public service may be used only by duly
Property Classified According to Ownership (properties authorized persons (e.g. national government
are owned either): buildings, army rifles, army vessels)
(a) In a public capacity (dominio public)
11
3. For development of national wealth (e.g. natural 2. Void land decisions can be attacked collaterally.
resources) 3. The action of the State for reversion (of the
rivers) does not prescribe.
Examples of others of similar character:
1. Public streams Characteristics of Properties of Public Dominion
2. Natural beds of rivers (a) Outside the commerce of man; cannot be leased,
3. River channels donated, sold or be the object of any contract;
4. Waters of rivers (b) Cannot be acquired by prescription;
5. Creeks (c) Cannot be registered under the Land Registration
6. All lands thrown up by the sea and formed by Law and be the subject of a Torrens Title;
accretion upon the shore by action of water (d) Cannot be levied upon by execution, nor can be
7. Lands reclaimed from the sea by the government attached;
8. Manila Bay/coastal area inasmuch as it belongs to (e) Can be used by everybody;
the state, and is used as a waterway (f) May be either real or personal property.
9. Private lands invaded by the waters and converted
into portions of the shore or beach Cases:
10.Streets, even when planted by persons o Mun. of Cavite v. Rojas (30 Phil. 602): Streets and
plazas are outside the commerce of man, since
Shore that space alternately covered and uncovered they are properties for public use.
by the movement of the tide o Commonwealth v. Meneses (38 O.G. 123, p. 2389):
o Republic of the Phils. v. Lat Vda. De Castillo, et al. Rivers are not subject to private appropriation. The
(GR 69002, June 30, 1988): Shores are properties of law of prescription does not apply to them.
the public domain intended for public use, and o Gobierno Insular v. Naval (CA) 40 O.G. (11th S) 15,
therefore not registerable. p. 59: Although it is true that rivers and esteros are
Torrent that amount of water which in case of heavy not specifically included in the list of those that
rains gathers deep places or canals where it is could not be registered; still the intention of the law
supposed to flow afterwards. is plainly to prevent a usurpation of any part of
o Santos v. Moreno (L-15829, Dec. 4, 1967): Under public dominion, rivers and esteros included.
Art. 420, canals constructed by the State and Their inclusion in a certificate of title does not
devoted to use are of public ownership; canals convert the same into properties of private
constructed by private persons within private lands ownership or confer title on the registrant.
and devoted exclusively for private use must be of o Republic v. Reyes (L-36610, June 18, 1976): The
private ownership. Torrens system of registration is not a means of
o Rivers, whether navigable or not are properties of acquiring ownership over private or public land; it
public dominion. merely confirms and registers whatever right or
title may already be possessed or had by the
o Martinez v. Court of Appeals (L-31271, Apr. 29, applicant.
1974, 56 SCRA 647): o Republic v. Animas (L-37682, Mar. 29, 1974): Forest
1. Navigable rivers are outside the commerce of lands as such cannot be registered. The mere fact
man, therefore cannot be registered under the that a person has a certificate of title over them is
Land Registration Law. unavailing.
12
o Tufexis v. Olaguera (32 Phil. 654): The right is of Agricultural lands may be sold to or acquired by
public character and could not be bought at an private individuals or entities;
auction sale. Ownership over mining and forest lands cannot be
o Insular Government v. Aldecoa (19 Phil. 505): The transferred leases may be had.
land produced by the action of the sea is of public
ownership and cannot therefore be acquired by any Classification of Public Lands
private person or entity inasmuch as same belongs Forest and mining lands: properties of public dominion
to the state. (third class)
o Government v. Cabangis (53 Phil. 112: The Public agricultural lands those alienable portions
government owns the reclaimed land in the sense of the public domain which are neither timber or
that it has become property of public dominion; mineral lands. (Alba Vda. de Raz v. CA, 314 SCRA 36)
When the government took steps to make it land o Part of public dominion before being made
again, its status as public dominion remained available to the general public;
unchanged. o Becomes patrimonial property of the State after
o C & M Timber Corp. (CMTC) v. Alcala (83 SCAD 346 being made so available subject to
(1997): evaluation of timber licenses and their prescription.
consequent cancellation in the process of o Becomes private property once acquired by
formulating policies with regard to the utilization of private individuals
timber lands is a prerogative of the executive o Bureau of Forestry, et al. v. CA (GR 37995, Aug. 31,
department and in the absence of evidence
1987): It is the Bureau of Forestry that has the
showing grave abuse of discretion courts will not
jurisdiction and authority over the demarcation,
interfere with the exercise of that discretion.
protection, management, reproduction, occupancy
o Villarico v. CA (309 SCRA 193 (1999): Land within
and use of all public forests and forest reservations
which the unclassified forest zone is incapable of and over the granting of licenses for the taking of
private appropriation, a forest land cannot be products therefrom, including stone and earth. Xxx
owned by private persons, and possession thereof, One cannot claim to have obtained his title by
no matter how long, does not ripen into a prescription if the application fi led by him
registrable title. necessarily implied an admission that the portion
o Manila International Airport Authority (MIAA) v. CA applied for is part of the public domain which
(495 SCRA 591 (2006): The MIAA Airport Lands and cannot be acquired by prescription, unless the law
Buildings constitute a port, constructed by the expressly permits it. Possession of forest land,
State. however long, cannot ripen into private ownership.
o Republic v. CA (GR 40402, Mar. 16, 1987): Thus,
Public Lands national domain under the Legislative possession of forest lands, however long, cannot
Power of Congress as has not been subjected to ripen into private ownership. A parcel of forest land
private right or devoted to public use; is within the exclusive jurisdiction of the Bureau of
o Montano v. Insular Govt. (12 Phil. 570): that part Forestry and beyond the power and jurisdiction of
of government lands which are thrown open to the cadastral court to register under the Torrens
private appropriation and settlement by homestead System.
and other like general laws. o Heirs of the Late Spouses Pedro S. Palanca and
Examples: mining, forest, agricultural lands Soterranea Rafols Vda. De Palanca v. Republic (500
13
SCRA 209 [2006]): Public forests are inalienable Forestry, and beyond the jurisdiction of the cadastral
public lands. court to register under the Torrens system.
Art. 421. All other property of the State, which is not name of the buyer, because the street has already been
of the character stated in the preceding article, is withdrawn from public use, and accordingly has become
patrimonial property. patrimonial property.
o Mun. of Hinunang v. Director of Lands (24 Phil. 125):
Patrimonial property the property owned by the Although a fortress as such is property of public
State but which is not devoted to public use, public dominion because it is for public service, still when it is
service, or the development of the national wealth. no longer used as such, it does not necessarily follow
Examples: that the State has lost ownership over the same
1. Friar lands inasmuch as the property is now considered patrimonial,
2. San Lazaro Estate and therefore still belongs to the state.
3. Properties obtained by the Government in escheat
proceedings, or those inherited by or donated to Different Rule for Abandoned River Beds
the government; rents of buildings owned by the An abandoned river bed belongs not to the State, but to
State the private land owner whose land is now occupied by
4. Municipal-owned waterworks system the changed course, in proportion to the area lost.
Acquisition of Patrimonial Properties thru Prescription Art. 423. The property of provinces, cities, and
Art. 1113: Patrimonial properties may be acquired by municipalities is divided into property for public use
private individuals or corporations thru prescription. and patrimonial property.
o Viuda de Tan Toco v. Mun. Council of Iloilo (49 Phil. 52): Art. 425. Property of private ownership, besides the
Properties used by a municipal corporation in the patrimonial property of the State, provinces, cities,
exercise of its governmental powers cannot be and municipalities, consists of all property belonging
attached or levied upon. to private persons, either individually or collectively.
o Municipality of Hinabangan, et al. v. Mun. of Wright, et
al. (L-12603, Mar. 25, 1960): The right to settle Private Properties Other than Patrimonial: (a)
boundary disputes between municipalities is vested by individually or (b) collectively
law on the provincial board of the province
concerned If the provincial board fails to settle the Collective Ownership
boundary dispute, the action if at all, would be one Collectively ownership by private individuals as co-
against said board, not an action for declaratory relief. owners; or by corporations, partnerships, or other
juridical persons allowed by the Civil Code to possess
Effect if Private Land is Donated to a Town and Made and acquire properties.
into a Plaza Effect of Possession by Private Persons
o Harty v. Mun. of Victoria (13 Phil. 152): Private land o Nalayan, et al. v. Nalayan, et al. (L-14518, Aug. 29,
donated to a town for use as a plaza becomes property 1960); Oh Cho v. Dir. of Lands (75 Phil. 890); Cario v.
for public use, and may not in turn be donated by the Insular Govt. (212 U.S. 449): Possession by private
town to the church, nor can the church acquire persons since time immemorial carries the presumption
ownership over it by prescription, for a town plaza is that the land had never been part of the public
outside the commerce of man. domain An allegation to this effect is a sufficient
averment of private ownership.
National Properties May Not Be Registered by a
Municipality Under its Own Name Ownership of Roads
o Mun. of Tigbawan v. Dir. of Lands (35 Phil. 798): Roads may either be public or property, depending as
Properties of public dominion, owned by the national to where such roads are to be constructed (i.e. in a
government, even if planted upon with trees by a private or public property).
municipality for a number of years, do not become
municipal properties, and may not therefore be Private Lands Within a Military Zone
registered by a municipality under its name. o Inchausti and Co. v. Commanding General (6 Phil. 556):
If private lands of a person should lie within a military
Patrimonial Property of a Municipal Corporation zone, said lands do not necessarily become property of
The towns patrimonial property is administered, at public dominion (public service).
least insofar as liability to third persons is concerned,
in the same way as property of a private corporation. Ownership Evidenced by a Torrens Title
Hence, the town is not immune to suits involving this o Zobel v. Mercado (L-14515, May 25, 1960): If there is
kind of property. any error in the Torrens title of a person in the sense
o Alonso v. Cebu Country Club, Inc. (417 SCRA 115 that it includes lands belonging to the government, it is
(2003): Possession of patrimonial property of the only the government which can properly question that
Government, whether spanning decades, or fact, and a judicial pronouncement is necessary in order
centuries, cannot ipso facto ripen into ownership. to have the portion excluded from the Torrens title.
17
o Salamat Vda. de Medina v. Cruz (GR 39272, May 4, Natural Resources, may designate by proclamation any
1988): Payment of land tax is not an evidence of tract/s of land of the public domain as reservations for
ownership of a parcel of land for which payment is the use of the Republic or any of its branches, or for
made, especially when the parcel of land is covered by a quasi-public uses or purposes.
Torrens title in the name of another.
o Metropolitan Waterworks & Sewerage System v. CA (215 PROVISIONS COMMON TO THE THREE PRECEDING
SCRA 783 (1992): A certificate is not conclusive CHAPTERS
evidence of title if it is shown that the same land had
already been registered and an earlier certificate for the Art. 426. Whenever by provision of the law, or an
same is in existence. individual declaration, the expression immovable
things or property, or movable things or property,
Acquisition by Aliens is used, it shall be deemed to include, respectively,
o Krivenko v. Register of Deeds: An alien has had no right the things enumerated in Chapter 1 and in Chapter 2.
to acquire since the date of effectivity of the Philippine Whenever the word muebles, or furniture, is
Constitution, any public or private agricultural, used alone, it shall not be deemed to include money,
commercial, or residential lands (except by hereditary credits, commercial securities, stocks, and bonds,
succession); the same rule applies to a foreign jewelry, scientific or artistic collections, books,
corporation, even if it be a religious and non-stock medals, arms, clothing, horses or carriages and their
foreign corporation. accessories, grains, liquids and merchandise, or other
o Ung Sui Si Temple v. Reg. of Deeds (L-6776, May 21, things which do not have as their principal object the
1955): This is not contrary to religious freedom because furnishing or ornamenting of a building, except where
the ownership of real estate is not essential for the from the context of the law, or the individual
exercise of religious worship. declaration, the contrary clearly appears.
o Reg. of Deeds of Manila v. China Banking Corporation (L-
11964, Apr. 28, 1962): The constitutional prohibition
against the acquisition of land by aliens is ABSOLUTE.
Thus, the transfer of ownership over land in favor of
aliens is not permissible in view of the constitutional
prohibition.
o Republic v. Tri-Plus Corp., 505 SCRA 41 (2006):
Applicants for confirmation of imperfect title must prove
the following:
1. the land forms part of the alienable and disposable
agricultural lands of the public domain; and
2. they have been in open, continuous exclusive and
notarious possession and occupation of the same
under a bona fide claim of ownership either since
time immemorial or since June 12, 1945.
o Republic v. Southside Homeowners Assn., Inc. (502
SCRA 587 [2006]): The President, upon the
recommendation of the Secretary of Environment and