Province of Zamboanga del Norte v.

City of Zamboanga

Facts:

After Zamboanga Provinces was divided into two (Zamboanga Del Norte and Zamboanga Del Sur),
Republict Act 3039 was passed providing that:

“All buildings properties and assets belonging to the former province of Zamboanga
and located within the City of Zamboanga are hereby transferred free of charge in favor of the
City of Zamboanga”

Suit was brought alleging that this grant without just compensation was unconstitutional because it
deprived the province of property without due process. Included in the properties were the capital site
and capitol building, certain school sites, hospital and leprosarium sites, and high school playgrounds.

Issue:

Are the properties mentioned, properties for public use or patrimonial?

Should the city pay for said properties?

Held:

If we follow the Civil Code classification only the high school playgrounds are for public use (in the
sense that generally, they are available to the general public), and all the rest are patrimonial, but we
follow the law of Municipal Corporation, as long as the purpose is for a public service the property
should be considered for public use.

If the Civil Code classification is used, since almost all the properties involved are patrimonial, the law
would be unconstitutional since the province would be deprived of its own property without just
compensation. If the law on Municipal Corporations would be followed, the properties would be of
public dominion and therefore no compensation would be required. It is this law on Municipal
Corporations that should be followed. Firstly, while the Civil Code may classify them as patrimonial,
they should not be regarded as ordinary private property. They should fall under the control of the
State, otherwise certain governmental activities would be impaired. Secondly, Art. 424, 2nd paragraph
itself says “without prejudice to the provision (or principles) of special laws.”