Day 2- Oblicon 11/28/2016 10:45:00 PM

Article 1113
Property classified according to character of ownership:
1. Public dominion (civil law term)
2. Private dominion

CHAPTER 3 Property in Relation to the Person to Whom It Belongs

Article 419. Property is either of public dominion or of private ownership.
(338)

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, roadsteads, 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. (339a)

1, For public use- may be used by all. Owned by state (420-1) and LGU
(424)
2. For public service- may no tbe used by all, but for some state functions or
services.
3. For development of the national wealth

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.
(344a)
E.g. Nawasa Water Works- it is patrimonial because it is being used by
public
Ambulance-

Article 1114- CREDITOR AVAILING OF EXTINVTIVE PRESCRIPTION

RENOUNCED BY DEBTOR
Creditors and all other persons interested in making the prescription
effective may avail themselves thereof notwithstanding the express or tacit
renunciation by the debtor or proprietor. (1937)

- Correlate with Article 1112- Those who can alienate property can also
renounce prescription but not for the future.

Illustration: A is indebted to B (P2M and CBank (P5M) both has

prescribed. A has P4.8 M. If you are the counsel of Cbank, what will
you be your advice to client?

C Bank can file an action pleading to make effective the prescription against
B under Art 1114. This is to stop A from paying back B. Thus enabling Cbank
to collect at least the P4.8 M from A instead of the mere P1.8 M intended to
be paid by A to C Bank.

Note: A current creditor of a corporation may interpose the plea of

prescription to prevent the corporation from paying prescribed debts ahead
of the current creditor. (p.13 of Tolentino)

Illustration:
A & B are co-owners of A&B Ltd. A without consulting B,
acknowledged A&B Ltds debt obligation to X by writing a
promissory note to pay, despite the debt having prescribed.
Q: If later, X sue to collect from A&BLtd. B does not want to pay. What is the
legal remedy of B in this case?

Answer: B can plead prescription as a valid defense. B can refuse to pay the
obligation to X, even if A had renounced such prescription by his
acknowledgment of the debt to X.
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11/28/2016 10:45:00 PM