Property in Relation to the Person to Whom it Belongs - continuation

Excerpted from Civil Law, Vol. 2 by Justice Jose Vitug, pp. 7-10.

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In the case of political subdivisions such as provinces, cities, and municipalities, property may either be for public use or patrimonial property. Property for public use 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. All other property possessed by any of said local instrumentalities is patrimonial and shall be governed by the Civil Code but without prejudice to the provisions of special laws (Art. 424, Civil Code). Public markets and waterworks systems have been held to be patrimonial (Asiatic Integrated vs. Alikpala, 74 SCRA 306; City of Bauio vs. NAWASA, 106 Phil. 144), which although for a public purpose, are not for public use or for public service.

Property for public use and public service are governed by special laws and, until such property are no longer intended for public use or public service, the same shall be governed by special laws (see Laurel vs. Garcia, 187 SCRA 797). Property for public use or public service are considered outside of the commerce of man (Municipality of Antipolo vs. Zapanta, 133 SCRA 820; Espiritu vs. Municipal Court, 102 Phil. 867; see also Director of Lands vs. Roman Catholic Bishop of Zamboanga, 67 Phil. 644) and not susceptible to pres­cription (see Maneclang vs. Intermediate Appellate Court, supra.; see also Arts. 1108, 113, Civil Code). Unless the contrary is established, lands are presumed to be public lands (Municipality of Antipolo vs. Zapanta, supra ).

Churches and things devoted to God have been held to be a unique kind of property that may not be considered strictly susceptible to public or private ownership. Said the Supreme Court in Barlin vs. Ramirez (7 Phil. 41):

"The truth is that, from the earliest times down to the cession of the Philippines to the United States, churches and other consecrated objects were consi­dered outside of the commerce of man. They were not public property, nor could they be subjects of private property in the sense that any private person could be the owner thereof. They constituted a kind of property the distinctive characteristic of which was that it was devoted to the worship of God.

But, being material things, it was necessary that someone should have the care and custody of them and the administration thereof, and the question occurs: To whom, under the Spanish law, was intrusted that possession and administration? For the purposes of the Spanish law there was only one religion. That was the religion professed by the Roman Catholic Church. It was for the purposes of that religion and for the observance of its rites that this church and all other churches in the Philippines were erected. The possession of the churches, their care and custody, and the maintenance of religious worship therein were necessarily, therefore, intrusted to that body. It was, by virtue of the laws of Spain, the only body which could under any circumstances have possession of, or any control over, any church dedicated to the worship of God. By virtue of those laws this possession and right of control were necessarily exclusive. It is not necessary or important to give any name to this right of possession and control exercised by the Roman Catholic Church in the church buildings of the Philippines prior to 1898. It is not necessary to show that the church as a juridical person was the owner of the buildings. It is sufficient to say that this right to the exclusive possession and control of the same, for the purposes of its creation, existed."

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