D. Acquisition, Ownership, and Transfer of Public and Private Lands

Economic Benefits of Citizens

SECTION 8, ARTICLE XII. A natural-born citizen of the Philippines who has lost his Philippine citizenship may still be a transferee of private lands, subject to limitations provided by law.

---

Private Property

General Rule: All private property capable of ownership may be expropriated and it may include public utility and services [Republic v. PLDT, G.R. No. 18841 (1961)].

Taking

There is taking of property when the following are present [Republic v. Castellvi, G.R. No. L20620 (1974)]:

• The expropriator must enter a private property;
• The entrance into private property must be for more than a momentary period;
• The entry into the property should be under warrant or color of legal authority;
• The property must be devoted to a public use;
• The utilization of the property ousts the owner and deprives him of all beneficial enjoyment of the property.

Requisites for Permanent Closure:

• Via ordinance approved by at least ⅔ of all members of the Sanggunian;
• When necessary, an adequate substitute for the public facility that is subject to closure should be provided;
• Such ordinance must have provisions for the maintenance of public safety therein; and
• If a freedom park is permanently closed, there must be a provision for its transfer or relocation to a new site.

Such property permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the LGU may be lawfully used or conveyed.