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0 tracked cards Civil Law and Land Titles and Deeds

City of San Esteban owns a 2,800-square-meter riverside public plaza known as Bayanwalk Plaza, historically used for weekly markets and civic events. The city council passes Ordinance No. 2029-18 purporting to alienate 750 square meters of Bayanwalk Plaza to a private developer for a mixed-use waterfront complex, arguing the land is no longer needed for public use. The ordinance contains no declaration withdrawing Bayanwalk Plaza from the public domain and was enacted without public notice or a public hearing. Before any court action, the private developer begins clearing the area. A citizens’ coalition challenges the ordinance, contending that Bayanwalk Plaza is property of public dominion and cannot be alienated. (a) Identify whether Bayanwalk Plaza is property of public dominion. (b) If it is, discuss whether the city may validly dispose of it through sale or lease to private persons and what remedies the citizens’ coalition may seek.

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The land is property of public dominion but its disposition may be permitted through a long-term public-private partnership approved by special statute; the citizens’ coalition may challenge the process but not the outcome if the statute explicitly allows such dispositions. The land is property of public dominion but alienable and disposable; the city may dispose of it by sale or long-term lease to private developers through proper statutory authorization and due process; the citizens’ coalition may challenge only the process, not the disposition, if the disposal is authorized by law. The land is property of public dominion; the city cannot validly dispose of it through sale or lease to private persons; the citizens’ coalition may seek to enjoin the alienation, have the ordinance declared void, and seek reconveyance or reversion of the land to the public domain. Disposal by sale of land of public dominion is allowed if the land is first withdrawn from public domain by a valid act; lacking such withdrawal, the ordinance is void, and the citizens’ coalition may seek to declare the disposition void and to revert the land to the public domain.

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