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Classification of Properties
March 4, 2016 fundamentals of property ownership
CLASSIFICATION OF PROPERTIES ACCORDING TO WHOM IT BELONGS
The New Civil Code expressly classified property according to ownership by this article:
Public dominion or property owned by the State (or its political subdivisions) in its public
or sovereign capacity and intended for public use and not for the use of the State as a ju-
ridical person.
*These subdivisions, however cannot register as their own any part of the public
domain unless it can be proved that the grant thereof has been made or pos-
sessed under the concept of an owner. They have no authority to control or regu-
late properties of public domain for they are under the authority of Congress.
1. Property intended for public use or which can be used by everybody and others of
similar character
2. Property which is not for public use but intended for public service or those
which can be used only by duly authorized persons, such as government buildings
and vehicles
3. Property intended for the development of national wealth such as minerals,
coal, oil, forest, and other natural resources
Further, under the 1987 Constitution (Section 3 Article XII) Lands of the public domain are
classified into:
1. Agricultural
2. Forest or timber
3. Mineral lands
4. National parks
Private ownership or property owned by the State in its private capacity, and is known as
patrimonial property. It may also be owned by private persons, either individually or
collectively.
Here are the provisions of the law which point out to this classification:
Article 421. All other property of the State, which is not of the
character stated in the preceding article, is patrimonial
property.
*Patrimonial property is the property of the State owned by it in its private or propri-
etary capacity, i.e., the property is not intended for public use, or for some public ser-
vice, or for the development of the national wealth.
*Under Article 422 there must be a formal declaration by the executive or possibly
legislative department of the government that the property of the State is no longer
needed for public use of for public service; otherwise, the property continues to be
property of public dominion notwithstanding the fact that it is not actually devoted
for such use or service.
*The political subdivisions of the national government may also own properties in
their private capacity.
What are the differences between public domain and patrimonial properties?
A positive act of the Government is necessary to enable such reclassification, and the ex-
*The Constitution places a limit on the type of public land that may be alienated. Un-
der Section 2, Article XII of the 1987 Constitution, only agricultural lands of the public
domain may be alienated; all other natural resources may not be.
*The Constitution has laid down a prohibition for private corporations or associations
to own lands of public domain but may enjoy such only by lease in accordance to the
terms expressly provided in the abovementioned section.
*Under Article 422 there must be a formal declaration by the executive or possibly
References:
1987 Constitution of the Philippines
Cebu oxygen & Acetylene Co., Inc. V Bercilles, 66 SCRA 281, 1975)
De Leon, H., & De Leon, J. H. (2011). Comments and Cases on Property. Quezon City: Rex
Printing Company, Inc.
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alѕⲟ ᴠerү ɡоⲟɗ.