ProvinceofZamboangadelNortevs Zamboanga City22 SCRA 1334
Facts:Prior to its incorporation as achartered city, the
Municipalityof Zamboanga usedtobe the provincial
capitalofthethenZamboangaProvince.
On October 12, 1936, Commonwealth Act 39wasapproved converting
the Municipalityof ZamboangaintoZamboangaCity. Sec. 50 of the Act
also provided that Buildings andpropertieswhichtheprovinceshall
abandon upon the transfer of the capital to another place will be
acquired and paid forby the City of Zamboanga at a price to be
fixed by theAuditor General.
Thepropertiesandbuildingsreferredtoconsistedof50lotsandsomebuildingsconstructedthereon,locatedintheCityofZamboanga
and covered individually by Torrens certificates of title in the
name of Zamboanga Province.
OnJune6,1952,RepublicAct711was approved dividing the province of
Zamboanga into
two(2):ZamboangadelNorteandZamboangadelSur.Propertiesandtheobligations
of the province of Zamboanga shall bedividedequitablybetween
theProvince of Zamboanga delNorteandtheProvinceofZamboanga delSur
bythe Presidentofthe Philippines, upontherecommendationofthe
Auditor General. However, on June 17, 1961, Republic Act
3039wasapprovedamendingSec.50ofCommonwealth Act 39 by providing
that all buildings,propertiesandassetsbelongingtothe former
province of Zamboanga and located withintheCityofZamboangaarehereby
transferred, free of charge, in favor of the said City of
Zamboanga.
Issue:WON Zamboanga del Norte is deprived of its private
properties without due process and just compensation.
Ruling:Thefactthatthe26lotsare registeredstrengthens the
proposition that they are truly private in nature. On the other
hand, that the 24 lotsusedfor governmentalpurposesare
alsoregistered isofnosignificancesince
registrationcannotconvertpublicpropertyto private. Applying, Art.
424 of NCC, all the properties in question, except the two (2) lots
used as High School
playgrounds,couldbeconsideredaspatrimonialpropertiesoftheformerZamboanga
province.
Even the capital site, the hospital and leprosarium sites, and
the school sites will be considered patrimonial for they are not
for public use. They would fall under the phrase "public works for
publicservice"
