Pettoner Macasano, PNP Superntendent of the Metropotan Traffc

Command, then ordered the destructon and confscaton of the stas aong
the abovementoned streets. Hence, respondents fed wth the tra court a
|ont petton for prohbton and mandamus wth damages and prayer for
premnary n|uncton, to whch the pettoner fed hs opposton to the
ssuance of the wrt of premnary n|uncton. The tra court uphed the
vadty of the ordnance n queston.
lSSUE: Whether or not an ordnance or resouton whch authorzes the ease
and use of pubc streets or thoroughfares as stes for fea markets s vad.
HELD: No. The aforementoned streets are oca roads used for pubc
servce and are therefore consdered pubc propertes of respondent
muncpaty. Artce 424 of the Cv Code provdes that propertes of pubc
domnon devoted for pubc use and made avaabe to the pubc n genera
are outsde the commerce of man and cannot be dsposed of or eased by
the oca government unt to prvate persons. Propertes of the oca
government whch are devoted to pubc servce are deemed pubc and are
under the absoute contro of Congress. Hence, LGUs have no authorty
whatsoever to contro or reguate the use of pubc propertes uness specfc
authorty s vested upon them by Congress.
#11
Republic of the Philippines v. Court of Appeals
G.R. No. 100709, November 14, 1997, 281 SCRA 639
Panganiban, ].
FACTS: Morato fed for a patent on a parce of and ocated n Caauag,
Ouezon, whch was approved, provded that the and sha not be
encumbered or aenated wthn a perod of fve years from the date of the
ssuance of the patent. Later on, the and was estabshed to be a porton of
Caauag Bay, whch was fve to sx feet deep durng hgh tdes and three feet
deep on ow tdes. The water eve rose because of the ebb and fow of tdes
from the bay and the storms that frequenty passed through the area.
Furthermore, t was observed by the Drector of Lands from hs nvestgaton,
that the and of Morato was eased to Advncua for P100 per month and t
was aso mortgaged to Co for P10,000. The Drector of Lands fed a sut wth
the contenton that Morato voated the 5-year prohbtory perod and thus
the patent shoud be canceed and the and shoud revert back to the State.
lSSUE: Whether or not there s a voaton of the prohbton of the patent,
and thus, the sub|ect and shoud revert back to the ownershp of the State.
HELD: Yes. The ease was an encumbrance ncuded n the prohbtons of
the patent because t mpars the use of the and by Morato hersef. As for
the mortgage, t s a ega mt on the tte and f there w be forecosure
because Morato was not abe to pay her debts, the property w be
auctoned. It s aso a mtaton on Morato's rght to en|oy and possess the
and for hersef. Encumbrance, as defned, s an mparment on the use or
transfer of property, or a cam or en on the property where there s a
burden on the tte. Thus, Morato ceary voated the terms of the patent on
these ponts. Moreover, the property became a foreshore and because t
turned nto a porton of and whch was covered most of the tme wth water,
whether t was ow or hgh tde. Foreshore s defned as and between hgh
and ow waters whch s dry dependng on the refux or ebb of the tdes. In
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