heirs of delfin vs nha.pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 810 G.R No 193618 HEIRS OF LEOPOLDO DELFIN and SOLEDAD DELFIN namely EMELITA D

heirs of delfin vs nha.pdf - SUPREME COURT REPORTS...

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11/11/2018SUPREME COURT REPORTS ANNOTATED VOLUME 8101/24G.R. No. 193618. November 28, 2016.*HEIRS OF LEOPOLDO DELFIN and SOLEDAD DELFIN,namely EMELITA D. FABRIGAR and LEONILO C.DELFIN, petitioners, vs.NATIONAL HOUSINGAUTHORITY, respondent.Acquisitive Prescription; For acquisitive prescription to set inpursuant to Section 14(2) of Presidential Decree (PD) No. 1529,two_______________* SECOND DIVISION.479VOL. 810, NOVEMBER 28, 2016479Heirs of Leopoldo Delfin and Soledad Delfin vs. NationalHousing Authority(2) requisites must be satisfied: first, the property isestablished to be private in character; and second, the applicableprescriptive period under existing laws had passed.—Foracquisitive prescription to set in pursuant to Section 14(2) ofPresidential Decree No. 1529, two (2) requirements must besatisifled: first, the property is established to be private incharacter; and second, the applicable prescriptive period underexisting laws had passed.
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11/11/2018SUPREME COURT REPORTS ANNOTATED VOLUME 8102/24Public Dominion; Land is considered of public dominion if iteither: (a) is intended for public use; or (b) belongs to the State,without being for public use, and is intended for some publicservice or for the development of the national wealth.—“Land isconsidered of public dominion if it either: (a) is intended for publicuse; or (b) belongs to the State, without being for public use, andis intended for some public service or for the development of thenational wealth.” Land that belongs to the state but which is notor is no longer intended for public use, for some public service orfor the development of the national wealth, is patrimonialproperty; it is property owned by the State in its privatecapacity.Provinces, cities, and municipalities may also hold patrimoniallands.Private Property; Private Property consists of all propertybelonging to private persons, either individually or collectively, aswell as the patrimonial property of the State, provinces, cities, andmunicipalities.—Private property “consists of all propertybelonging to private persons, either individually or collectively,”as well as “the patrimonial property of the State, provinces, cities,and municipalities.”Acquisitive Prescription; Only publicly owned lands which arepatrimonial in character are susceptible to prescription underSection 14(2) of Presidential Decree (PD) No. 1529.—Accordingly,only publicly owned lands which are patrimonial in character aresusceptible to prescription under Section 14(2) of PresidentialDecree No. 1529. Consistent with this, Article 1113 of Civil Codedemarcates properties of the state, which are not patrimonial incharacter, as being not susceptible to prescription.
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