Laurel vs Garcia

G.R. No. 92013 July 25, 1990

Facts:

The subject property in this case is one of the 4 properties in Japan acquired by the Philippine
government under the Reparations Agreement entered into with Japan, the Roppongi property. The said
property was acquired from the Japanese government through Reparations Contract No. 300. It consists
of the land and building for the Chancery of the Philippine Embassy. As intended, it became the site of
the Philippine Embassy until the latter was transferred to Nampeidai when the Roppongi building
needed major repairs. President Aquino created a committee to study the disposition/utilization of
Philippine government properties in Tokyo and Kobe, Japan. The President issued EO 296 entitling non-
Filipino citizens or entities to avail of separations' capital goods and services in the event of sale, lease or
disposition.

Issue: Whether or not the Chief Executive, her officers and agents, have the authority and jurisdiction,
to sell the Roppongi property.

Ruling:

The Roppongi property was acquired together with the other properties through reparation
agreements. They were assigned to the government sector and that the Roppongi property
was specifically designated under the agreement to house the Philippine embassy.
It is of public dominion unless it is convincingly shown that the property has become
patrimonial. The respondents have failed to do so.
As property of public dominion, the Roppongi lot is outside the commerce of man. It cannot be
alienated. Its ownership is a special collective ownership for general use and payment, in
application to the satisfaction of collective needs, and resides in the social group. The purpose
is not to serve the State as the juridical person but the citizens; it is intended for the common and
public welfare and cannot be the object of appropriation.
The fact that the Roppongi site has not been used for a long time for actual Embassy service
doesnt automatically convert it to patrimonial property. Any such conversion happens only if
the property is withdrawn from public use. A property continues to be part of the public domain,
not available for private appropriation or ownership until there is a formal declaration on the part of
the government to withdraw it from being such.