Article 417 (September 8, 2026 I Discussion)
Par. 1. Obligations and actions which have for their object
movables or demandable sums;
- includes all kinds of credits, even those which are not
demandable.
i.
ii.
iii.
May consider or use it as an object in a contract.
Check this counting; payable to an order. Date is
postdated.
iv.
Par. 2. Shares of stock of agricultural, commercial, and
industrial entities, although they may have real estate.
Cannot be alienated or leased or otherwise be
the subject matter of a contract;
Cannot be acquired by prescription against the
state;
Are not subject to attachment and execution;
and
Cannot be burdened by any voluntary
easement.
Private ownership — Art. 419
Kinds of Properties of Public Domain
includes all kinds of securities and shares in
partnerships.
Whenever, by provision of the law, or by an individual
declaration, the movables or furniture is used alone, it shall
not be deemed to include money, credits, scientific
collections, books, jewelry, arms,
Except where from the context of the law, ir the individual
declaration, the contrary clearly appears. (Art. 426)
414
- property is one which is for appropriation.
416 or 417
Subclassification of movables based on consumability
1)
Consumable - those movables which cannot be used
in a manner appropariate to their nature without
theit being consummated (Art. 418). Based on the
nature of the property.
Examples: food; electricity; cellphone “load”
2)
Question: Roads in a Private Subdivision:
- Construction roads: not for public use.
What are Properties of Public Dominion?
Those intended for public service/development of national
wealth (Art. 420, par. 2)
Non-consumable - all other movables (Art. 418).
Examples: jewelry; cars; clothes
3)
4)
Public use is “use that is not confined to privileged
individuals, but is open to the indefinite public.” Note
that Art. 420 speaks of intended, not actual use.
It is not material that the Government changes or
collects fees and tolls for the use of the property.
Examples: roads, canals, rivers, torrens, ports
(including seaports and airports), and bridges
constructed by the State, banks, shore, roadsteads,
and other similar character (Art. 420, par, 3
Similar character: creeks
However, roads in private subdivision remain private
even when the owner tolerates their use by the
public. Note, however, that PD 1216 requires
developers to donate the roads and open spaces to
the local government unit upon their completion. But
this provision is now considered invalid.
Properties that are not for public use (hence not
accessible indiscriminately to the public, but only to
authorized persons) are intended for some public
service or for the development of the national
wealth.
Fungibility - things which have no distinct
individuality and may therefore be substituted with
another item of equal quantity and quality, either by
nature or by the will of the parties. It can be changed.
Note: Art. 420 speaks of intended, not actual, use.
Non-fungible - things which have distinct individuality
and, therefore, cannot be substituted with another
item if equal in quality. Based on the nature of the
property.
Examples: public buildings used by government offices;
camps, fortresses, machinery, and weaponry used in the
national defense; vehicles used in the delivery of public
service.
Example: The barong worn by President Magsaysay at his
inaugural.
Properties of the Public Domain of LGUs:
Nature — property of public dominion is owned by the
general public. The ownership of such property is in the
social group, whether national, provincial, or municipal, and
is intended for the common and public welfare. They cannot
be appropriated or exclusively possessed by any individual
person, whether private or public (e.g., by municipalities,
cities, or provinces, or by public corporations, or even by the
State.
Property (public dominion) —owned by the general public
(municipalities, cities, or provinces) or by public
corporations, or even by the State.
They are outside the commerce of man:
Property for public use, in the provinces, cities, and
municipalities, consists of the provincial roads, city
streets, municipal streets, the squares, fountains,
public waters, promenades, and public works for
public service paid for by said provinces, cities, or
municipalities.
These properties, although pertaining to local
governments, are under the control of Congress.
They are governed by the same principles as the
property of public dominion of the State.
In re Sps. Palaganas v. Registry of Deeds, G.R. No. 171304,
October 10, 2007.
Properties of LGUs under the Spanish Civil Code were
limited to properties for public use and patrimonial property.
The same is still true under the 1950 Civil Code which
governs us today. The principle has remained constants
property for public use can be used by everybody, even by
strangers or aliens, in accordance with its nature; but
nobody can exercise over it the rights of a private owner.
While the Court in Province of Zambianga del Norte ended
up using the Municipal Corporation Law classification
instead of the of the Civil Code classification, Nicolas has
settled the application of the Civil Code classification with
respect to the provision of the then-in-defect regulations for
the execution of Mortgage Law.
In the case at bar, a school, a public ramjet, and a cemetery
were built upon the subject property. Unlike a public square
as that in Nicolas or a playground as that in the Province of
Zamboanga de Norte, schools, public market and
cemeteries are not for the indiscriminate use of everyone.
But in a 2016 case, the SC appeared to go back to the
Province of Zamboanga ruling:
Local government property devoted to provincial purposes,
such as local administration, public education, and public
health, as may be provided under special laws, is classified
as public. (Sangguniang Panlalawigan of Bataan v. Garcia. Jr.,
G.R. No. 174964, october 5, 2016)
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