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LAUREL V.

GARCIA
G. R. No. 92013. July 25, 1990.
187 SCRA 797
Gutierrez, J.
Facts:
The subject Roppongi property is one of the properties acquired by the Philippines from
Japan pursuant to a Reparations Agreement. The property is where the Philippine Embassy was
once located, before it transferred to the Nampeidai property. It was decided that the properties
would be available to sale or disposition. One of the first properties opened up for public
auction was the Roppongi property, despite numerous oppositions from different sectors.
Petitioner argues that under Philippine Law, the subject property is property of public dominion.
As such, it is outside the commerce of men. Therefore, it cannot be alienated. Respondents aver
that Japanese Law, and not Philippine Law, shall apply to the case because the property is located
in Japan. They posit that the principle of lex situs applies.
Issues: Can the Roppongi property and others of its kind be alienated by the Philippine
Government?

Held: No. The Roppongi property was acquired together with the other properties through
reparation agreements. They were assigned to the government sector and that the Roppongi
property was specifically designated under the agreement to house the Philippine embassy. It is
of public dominion unless it is convincingly shown that the property has become patrimonial.
The respondents have failed to do so.

As property of public dominion, the Roppongi lot is outside the commerce of man. It cannot be
alienated. Its ownership is a special collective ownership for general use and payment, in
application to the satisfaction of collective needs, and resides in the social group. The purpose is
not to serve the State as the juridical person but the citizens; it is intended for the common and
public welfare and cannot be the object of appropriation.
The fact that the Roppongi site has not been used for a long time for actual Embassy service
doesnt automatically convert it to patrimonial property. Any such conversion happens only if the
property is withdrawn from public use. A property continues to be part of the public domain, not

available for private appropriation or ownership until there is a formal declaration on the part of
the government to withdraw it from being such.

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