CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > A. Property > 2. Classification of Property > b. According to Ownership > ii. Property of Public Dominion

Under the Civil Code of the Philippines, specifically in Book II, which governs Property, Ownership, and its Modifications, the concept of Property of Public Dominion is extensively defined and regulated. Below is a meticulous breakdown of this legal classification:

1. Definition

Property of public dominion refers to those properties owned by the State and intended for public use or those designated for public service or the development of national wealth. These properties are outside the commerce of man and cannot be privately owned or alienated unless declared otherwise by competent authority.

2. Legal Basis

The classification and rules governing property of public dominion are primarily found in the Civil Code of the Philippines, specifically under:

Article 420: Enumerates properties considered of public dominion.
Article 421: Provides the basis for presumption of ownership by the State.
Article 422: Clarifies that properties intended for public use are inalienable and not subject to prescription.

3. Classification of Property of Public Dominion

Article 420 of the Civil Code classifies property of public dominion into two main categories:

a. Properties for Public Use

These are properties directly used by the public. Examples include:

Roads
Canals
Rivers
Torrents
Ports
Bridges
Public squares
Promenades

b. Properties for Public Service or National Wealth Development

These are properties not accessible for public use but are owned by the State for:

Public service purposes (e.g., government buildings, military facilities).
Exploitation of natural resources (e.g., minerals, forests, and other resources on public lands).

4. Characteristics of Property of Public Dominion

Inalienability:
- Properties of public dominion cannot be sold, leased, or otherwise disposed of unless reclassified by law or executive act.
- They are outside the commerce of man, meaning they cannot be subjects of private transactions or ownership.
Imprescriptibility:
- Possession, no matter how long, cannot result in private ownership over properties of public dominion.
Exemption from Attachment and Execution:
- These properties cannot be subject to levy, garnishment, or execution to satisfy private claims.
Protection from Adverse Possession:
- No prescription (adverse possession) can operate against the State in relation to property of public dominion.

5. Conversion of Property of Public Dominion to Patrimonial Property

Article 422 states that property of public dominion may only become patrimonial (i.e., available for private ownership or commerce) when:

The property is formally declared no longer needed for public use or service; and
Reclassified by law, regulation, or a competent authority's act.

Examples of conversion include:

Abandoned roads no longer required for public use.
Decommissioned military bases converted to economic zones.

6. Jurisprudence

The Supreme Court of the Philippines has clarified and reinforced the principles surrounding property of public dominion in various decisions, such as:

Heirs of Malabanan v. Republic (G.R. No. 179987, April 29, 2009): Reiterated the inalienability and imprescriptibility of properties of public dominion unless validly reclassified.
Metropolitan Waterworks and Sewerage System v. Court of Appeals (G.R. No. 103558, July 14, 1997): Affirmed that rivers, as properties of public dominion, cannot be privately owned even if located within private property.
Republic v. Court of Appeals (G.R. No. 87478, May 10, 1993): Discussed the requisites for reclassification of property from public dominion to patrimonial.

7. Interaction with Special Laws

Certain laws provide additional regulation or exceptions to the treatment of property of public dominion, such as:

Commonwealth Act No. 141 (Public Land Act): Governs the disposition of alienable public lands.
Presidential Decree No. 705 (Revised Forestry Code): Preserves and regulates public forests.
Water Code of the Philippines (Presidential Decree No. 1067): Declares all waters within Philippine territory as property of public dominion.

8. Key Issues and Debates

Overlapping Claims:
- Disputes often arise over whether a property is public dominion or patrimonial, particularly in cases involving natural resources or government facilities.
Reclassification Processes:
- Concerns exist over transparency and legality in reclassifying public dominion properties to patrimonial or private ownership.
Encroachments:
- Unauthorized private use or development on properties of public dominion is a recurring issue, particularly in urban and coastal areas.

9. Conclusion

The concept of Property of Public Dominion underscores the principle that certain properties must remain dedicated to the public good, safeguarded by inalienability and imprescriptibility. Its governance ensures the protection of communal resources and prevents exploitation, with conversion to patrimonial property allowed only under stringent legal processes. Understanding its classification, characteristics, and interaction with jurisprudence is essential for the effective application of civil law principles in the Philippines.