Wednesday, January 24, 2018

Public Domain Land of the Philippines

I saw some beach resorts fenced out even to the shores. Do they own the shores or leased out? How about village roads? It's gated. We cannot pass through even though it's a short cut. I guess the village or subdivision has also great role in the terrible Manila traffic. TT

Property is either of public dominion or of private ownership.

Public Dominion
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 juridical person.

The following things are property of public dominion:
1. Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, road steads, and others of similar character;

2. Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth;

3. Property for public use, in the provinces, cities, and municipalities, consist 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.

Notes: Subdivision, as a whole, is privately owned land. It means even the roads inside is held privately. 
Notes: shores are belong to the state. No private person can own them.

Types of Public Land
Under the 1987 Constitution, Lands of the public domain are classified into:

1. Agricultural
2. Forest or timber
3. Mineral lands : minerals, water, oil, potential energy sources, natural resources, etc
4. National parks

Notes: Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. 

Notes: Agricultural land is the only alienable and disposable land of the government.

Notes: It cannot be registered under the Land Registration Law and be the subject of a Torrens Title.

Patrimonial Property
Patrimonial property is the property of the State such as the property is not intended for public use, or for some public service, or for the development of the national wealth. There must be a formal declaration by the executive or 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.

Public dominion cannot be acquired by prescription, even by city or municipality.
Patrimonial property of the State may be the subject of acquisition through prescription.
Public lands become patrimonial property upon express government manifestation that the property is already patrimonial and declaration that these are already alienable and disposable.
And only when the property has become patrimonial can the prescriptive period for the acquisition of property of the public domain begin to run.

Own Public Land?
Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. 

Notes: Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead or grant.
Notes: Those which have become private property like the friar lands and the ancestral lands under the IPRA Law
Notes: The Forestry code also provides that no land of the public domain 18% in slope or over shall be classified as alienable and disposable;
Notes: Submerged lands like the waters (sea or bay) above them are part of the inalienable natural resources.

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