PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS

 
Art. 426. Whenever by provision of the law, or an individual declaration, the expression "immovable things or property," or "movable things or property," is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2.

Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. 

 Discussion:

The first paragraph of the article explains itself. Muebles is used synonymously with furniture. Note that furniture has generally for its principal object the furnishing or ornamenting of a building.
 

Property of Private Ownership

Article 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively.

Discussion:

Collectively refers to ownership by private individuals as co-owners; or by corporations, partnerships, or other juridical persons such as foundations who are allowed by the Civil Code to possess and acquire properties. Possession by private individuals since time immemorial carries the presumption that the land had never been part of the public domain, or that it had been private property even before the Spanish conquest.  

Property for Public use

Article 424. 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.

All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws.

Discussion:

In the case of State Properties, properties for public service are of public dominion; this is not so in the case of provinces, cities, etc., said properties for public service are patrimonial since they are not for public use.  

Property of Provinces, Cities and Municipalities

Article 423. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property.

Discussion:

Properties of a political subdivision for public use cannot be alienated as such, and may not be acquired by prescription, and properties of a political subdivision which are patrimonial in character may be alienated, and may be acquired by others thru prescription.

 

When is public dominion is no longer for public use

Article 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State.


Discussion:

Conversion of property of public dominion to patrimonial property: Entities that may Effect the change. For example, in Faustino Ignacio vs. Dir. of lands, the supreme court, citing natividad vs. Dir. of lands, said that only the executive and possibly the legislative departments have the authority and power to make the declaration that any land so gained by the sea is not necessary for purposes of public utility, or for the establishment of special industries or for coast guard services. 

Patrimonial Property

Article 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property.

Discussion:


Patrimonial Property of the State is the property it owns but which is not devoted to public use, public services, or the development of the national wealth. It is wealth owned by the state in its private as distinguished from its public capacity. 

Property of Public Dominion

Article 420. 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.

Discussion:


In a sense, public dominion means ownership by the State in that the State has control and administration; in another sense, public dominion means ownership by the public in general, in that not even the state or subdivisions thereof may make them the object of commerce as long as they remain properties for public use. Such is the case for example of a river or a town plaza.