I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
There are 2
kinds of ownership: public and private. Individual persons and
entities own only private property while the government has both. All
lands of public dominion are owned by the government.
Private
property has 2 further subgroups:
1.) Patrimonial
property of the government or any of its branches or subdivisions
2.) Property
owned by private persons either collectively or individually
Patrimonial
property is property owned by the government as a private individual
(yes, the government has private properties!) The government has the
same rights over patrimonial property as individuals have over their
own private property. Local government units, like the national
government, have both private and public property.
Lands of the
Public Domain are classified into the following:
1.) Agricultural
2.) Forest
or timber
3.) Mineral
4.) National
Parks
The purpose
of public property is to serve the people and not the state as a
juridical (artificial) person. The purpose of public property is
further subdivided into the following:
1.) Those
intended for public use (everybody can use these, such as roads,
parks, bridges, etc.)
2.) Those
intended for public service, but not public use. These are
properties used by the government to do its job (ex. Guns used by
the military and law enforcement.)
3.) Those
intended for the development of national wealth (the regalian
doctrine; all mineral lands are owned by the government.)
Public
property is characterized by the following:
1.) Outside
human commerce (can't be bought or sold.)
2.) Can't
be alienated, except if the government decides that they're no
longer for public use and declares them patrimonial property (Laurel
vs. Garcia 187 SCRA 797.)
3.) Can't
be acquired by prescription
4.) Can't
be subject to attachment or execution
5.) Can't
be burdened with easements
6.) Can't
be registered under a Torrens title
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