ARTICLE 420

1. Villarico vs. Sarmiento, 442 SCRA 110, 2004

FACTS: Villarico here is an owner of a lot that is separated from the Ninoy Aquino Avenue highway by a
strip of land belonging to the government.

Sarmiento had a building constructed on a portion of the said government land and a part thereof was
occupied by Andoks Litson Corp.

In 1993, by means of a Deed of Exchange of Real Property, Villarico acquired a portion of the same area
owned by the government.

He then filed an accion publiciana alleging that respondents (Sarmiento) on the government land
closed his right of way to the Ninoy Aquino Avenue and encroached on a portion of his lot.

ISSUE: Whether or not VIllarico has a right of way to the NAA.

RULING: No. It is not disputed in this case that the alleged right of way to the lot belongs to the state or
property of public dominion.

It is intended for public use meaning that it is not confined to privileged individuals but is open to the
indefinite public. Records show that the lot on which the stairways were built is for the use of the people
as passageway hence, it is a property for public dominion.

Public dominion property is outside the commerce of man and hence, it cannot be:
Alienated or leased or otherwise be the subject matter of contracts
Acquired by prescription against the state
Cannot be the subject of attachment and execution
Be burdened by any voluntary easement

It cannot be burdened by a voluntary easement of right of way in favor of the petitioner and petitioner
cannot appropriate it for himself and he cannot claim any right of possession over it.

2. Domaisin vs. Valenciano, GR No. 158678, Jan. 25, 2006

3. Spouses Morandante and Febreras vs. CA, GR No. 123586 Aug. 12, 2004

4. MIAA vs. CA, 495 SCRA 591

MIAA v. Court of Appeals
G.R. No. 155650

DOCTRINE: The term ports includes seaports and airports. The MIAA Airport Lands and Buildings
constitute a port constructed by the State. Under Article 420 of the Civil Code, the MIAA Airport Lands
and Buildings are properties of public dominion and thus owned by the State or the Republic of the
Philippines.
FACTS:
Manila International Airport Authority (MIAA) operates the Ninoy Aquino International Airport Complex
in Paraaque City. As operator of the international airport, MIAA administers the land, improvements and
equipment within the NAIA Complex.

The MIAA Charter transferred to MIAA approximately 600 hectares of land including the runways and
buildings (Airport Lands and Buildings) then under the Bureau of Air Transportation. The MIAA Charter
further provides that no portion of the land transferred to MIAA shall be disposed of through sale or any
other mode unless specifically approved by the President of the Philippines.

OGCC (Office of the Government Corporate Counsel) issued Opinion No. 061, in which it said that the
Local Government Code of 1991 withdrew the exemption for real estate tax granted to MIAA under
Section 21 of the MIAA charter.

Therefore, MIAA was held to be delinquent in paying its taxes. The City of Paraaque Levied upon the
properties of MIAA, and posted invitations for public biddings of MIAAs properties. MIAA filed with CA
an action for prohibition / injunction. The City of Paraaque averred that Section 193 of the Local
Government code expressly withdrew tax exemptions from government owned and controlled
corporations (GOCCs).

CA dismissed the petition for filing beyond the 60 day reglementary period

ISSUE: Whether properties of the MIAA are subject to real estate taxes. -- NO