How to determine State property ownership

There are two views on the determination of whether property belong to the State, its subdivisions or private persons.

[1] The first view is that it is determined by how the property has been used. In Province of Zamboanga v. City of Zamboanga (1968), property was considered patrimonial because it was not for public use.

[2] The second view is that it is determined by how the property has been acquired. According to Salas v. Jarencio (1972), the absence of a title deed to any land, showing that it was acquired with its private or corporate funds, the presumption is that such land came from the State upon the creation of the municipality.