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RSW - PRC Boa Resolutions

The document discusses resolutions passed by the Board of Architecture regarding the accreditation of the United Architects of the Philippines as the integrated professional organization for architects and requirements for architects to submit proof of membership in this organization.

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0% found this document useful (0 votes)
139 views

RSW - PRC Boa Resolutions

The document discusses resolutions passed by the Board of Architecture regarding the accreditation of the United Architects of the Philippines as the integrated professional organization for architects and requirements for architects to submit proof of membership in this organization.

Uploaded by

hermarbuguina22
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RESOLUTION NO.

03, SERIES OF 2004


ACCREDITATION OF THE UNITED ARCHITECTS OF THE PHILIPPINES, INC. (UAP)
AS
THE INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION OFARCHITECTS
(IAPOA).

Whereas, Section 40, Artcile V of Republic Act No. 9266, known as the “The Architecture Act of 2004”,
states, to wit:
“Section 40. Integration of the Architecture Profession. – The Architecture profession shall be
integrated into one (1) national organization which shall be accredited by the Board, subject to the approval
by the Commission, as the integrated and accredited professional organization of architect:
Provided, however, That such an organization shall be registered with the Securities and Exchange
Commission, as a non-profit, non-stock corporation to be governed by By-laws providing for a democratic
election of its officials. An architect duly registered with the Board, shall automatically become a member of
the integrated and accredited professional organization of architects and shall receive the benefits and
privileges provided for in this Act upon payment of the required fees and
dues. Membership in the integrated and accredited professional organization of architects shall not be a bar
to membership in other associations of architects”. (Underscoring supplied).
Whereas, on 19 May 2004, the United Architects of the Philippines, Inc. (UAP) submitted
itsPetition for Accreditation as the Integrated and Accredited Professional Organization of Architects
(IAPOA) with the Board;
Whereas, an evaluation of the corporate papers of the UAP shows that it is a non-stock, non-profit
corporation governed by By-laws providing for a democratic election of its officials;
Whereas, the hereunder considerations, standards, and factors are being invoked by UAP in support of the
Petition thereof:
1. The UAP is the largest organization of architects in the Philippines with membership of more than
12,700 architects comprising more than 75% of all registered and licensed architects in the country;
2. The UAP is a member of international and regional organizations of architects such as Union
International des Architects (UIA), Architects Regional Council Asia (ARCASIA),and Eastern
Regional Organization for Planning and Housing (EAROPH);
3. The UAP was adjudged the Most Outstanding Professional Organization in 2002 by the Professional
Regulation Commission;
4. The petition for accreditation of UAP as the IAPOA is duly supported by three (3)
other organizations of architects, namely: The Philippine Institute of Architects (PIA), theArchitectur
e Advocacy International Foundation, Inc. (AAIF), and the Council of Consulting Architects and
Planners of the Philippines (CCAPP);
Whereas, the foregoing clearly indicates that the integration of the Architecture profession as mandated by
Republic Act No. 9266 will be better served by the accreditation of the UAP as the Integrated and
Accredited Professional Organization of Architects (IAPOA); and
Whereas, UAP’s documents and papers in support of the Petition thereof are in order, since they are in
accordance with the PRC Res. No. 2004-178, Series of 2004 and other pertinent issuances or policies.
Now, Therefore, by virtue of Rule 2 of Res. No. 2004-178, series of 2004, the Board hereby resolved as it is
now resolves to grant, subject to approval by the Commission, the United
Architects of the Philippines, Inc’s., (UAP) Petition for Accreditation as the Integrated and Accredited
Professional Organization of Architects (IAPOA), and, accordingly, to issue thereto the Certificate of
Accreditation signed by the Chairman and Members of the Board and the Chairperson of the Commission
with this No. ___ dated _____ upon payment of the prescribed fee therefore.
Further resolved, as the IAPOA, the UAP is enjoined:
1. To encourage registered and licensed architects who are not yet members of the UAP to join the said
organization and be integrated into this IAPOA.
2. To insure the accomplishment of the purposes, duties, and responsibilities prescribed in R.A. No.
8981 and R.A. No. 9266 and their IRRs and the Constitution and By-laws of the UAP.
3. To keep and make up-to-date its roster/roll of members.
4. To charge and collect reasonable fees from its members and to provide them the benefits and
privileges they are entitled to, pursuant to the Constitution and By-laws of the UAP.
5. To motivate the members to undergo the Continuing Professional Education (CPE)Programs.
6. To comply with the relevant Rules in Res. No. 2004-178, Series of 2004.

RESOLUTION NO. 02, SERIES OF 2005


RESOLUTION REQUIRING REGISTERED AND LICENSED ARCHITECTS TO SUBMIT
THEIR VALID CERTIFICATES OF UAP MEMBERSHIP AND OFFICIAL PAYMENT FOR
ANNUAL /LIFETIME MEMBERSHIP DUES AS A PREREQUISITE FOR ISSUANCES OF
CERTIFICATE OF REGISTRATION AND PRFESSIONAL IDENTIFICATION CARD AS
ARCHITECTS OR FOR RENEWAL OFV THE FOREGOING CARDS.

WHEREAS, Sec. 40. (Integration of the Architecture Profession), Art. V of R.A. No. 9266, “The
Architecture Act of 2004”, states,inter alia, to wit:
1. the integration of the said profession into one (1) national organization which shall be accredited by
the Board of Architecture, subject to the approval of the Professional Regulation Commission, as the
integrated and accredited professional organization of architects (IAPOA);
2. the automatic membership by a registered and licensed architect to the said accredited organization.
3. the receipt of his/her benefits and privileges; and
4. his/her payment of the required membership fees and dues.
WHEREAS, pursuant to Board Res. No. 3, Series of 2004, the Board subject to approval by
the Commission, accredited the UAP as the integrated accredited nationalprofessional organization of
architects; henceforth, an architect duly registered and licensed with the Board and the Commission shall
automatically become a member of UAP and, accordingly, he/she is entitled to “receive the benefits and
privileges provided for and described in its by-laws upon payment of required fees and dues ”(Sec. 40, 1.a.,
Rule V of Board Res. No. 07, Series of 2004, the “IRR of the Architecture Act of 2004”).
WHEREAS, “Bona fide members of the UAP practicing the architectural professional shall be required
to provide their official IAPOA (Integrated and Accredited
ProfessionalOrganization of Architects, the UAP) membership number and receipt number together with
their PRC Registration Number and professional tax receipt (PTR)
onofficial documents prepared by them for purposed of obtaining governmental regulatory permits and
licensed” (Sec. 40, 1.b., Rule V, supra Board Res. No. 07).(Underscoring supplied).
WHEREAS, there is a need to bind all registered and licensed architects who are automatic members of the
IAPOA under the law and the IRR to register with the UAP as members thereof.
WHEREAS, the submission of Certificate of UAP Membership together with the
Officialpayment receipt of the membership dues before the issuance of Certificate of Registration
and Professional Identification Card or the renewal of the foregoing card will address the eventual
membership with the UAP and the payment thereto of the membership dues by those registered and licensed
architects who are not yet bonafide members at the time of the said issuance or renewal.
NOW, THEREFORE, the Board hereby resolved, as it now resolves, to require a register and licensed
architect to submit his/her valid certificate of UAP membership bearing, among others, his/her UAP
membership number together with the official receipt of payment of his/her UAP membership dues (lifetime
or annual), prior to issuance of the Certificate of Registration and Professional Identification Card or to the
renewal of the foregoing card.
RESOLVED, FURTHER, the President, UAP furnish the PRC Registration Division a copy of the updated
official registry of bona fide UAP members indicating their membership and annual or lifetime dues official
receipt numbers:

RESOLUTION NO. 04. SERIES OF 2005


ADOPTION OF THE LOGBOOK OF DIVERSIFIED ARCHITECTURAL EXPERIENCE, A
DOCUMENT FORMULATED BY THE UNITED ARCHITECTS OF THE PHILIPPINES, INC.UAP,
THE INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION OF
ARCHITECTS(IAPOA)

WHEREAS, SEC. 13 (c), Article III of RA 9266, requires that candidate for licensure examination in
architecture must have a specific record of at least (2) years or equivalent of diversified architectural
experience duly certified by a registered/licensed architect.
WHEREAS, the United Architects of the Philippines (UAP), the integrated and accreditedprofessional
organization of architects, submitted to the Board UAP Document No. 210 entitled “Logbook of Diversified
Experience in Architecture” which the Board approved and adopted in Board Resolution No. 01, Series of
2000.
WHEREAS, for the reason stated in Board Resolution No. 5, Series of 1993, the requirement of diversified
experience in licensure examination has not been implemented and in the same Resolution the Board
resolved “to require mandatory and unconditionally the submission of the Logbook of Diversified
Experience in Architecture” beginning with the second schedule of examination in 1995.
WHEREAS, the Board of Architecture realizes that UAP Document No.210, as approved and adopted,
needs revisions to reflect the detailed diversified training in the different phases of the Practice of
Architecture conforming to RA 9266 and its Implementing Rules and Regulations, total number of hours
rendered by a candidate for examination, the period covered by the training, date when mentor signed the
logbook, his/her address, valid IAPOA number, valid PTRNo., UAP control number, check list of documents
and other details for facility in processing of application for examination, easy notification and for
administrative controls.
WHEREOF, the Board resolved as it herby resolves to request the United Architects of the Philippines
(UAP), which drafted the Logbook of Diversified Experience in Architecture under UAP Document No.
210, Series of 2000, to revise the said document in accordance with above observations.

RESOLUTION NO. 05, SERIES OF 2005


PRESCRIPTION BY THE BOARD OF THE DESIGN, SIZE, AND CONTENTS OF THE
DRYSEAL FOR USE BY A DULY LICENSED ARCHITECT
WHEREAS, Sec. 20, Art III of R.A. No. 9266, known as “The Architecture Act of 2004”, and Sec. 20 Rule
20 of Board Res. No. 07, series of 2004, cited as the “IRR of the Architecture Act of 2004”, states, to wit:
“Section 20. Seal, Issuance and Use of Seal. – A duly licensed architect shall affix the seal prescribed by the
Board bearing the registrant’s name, registration number and title “Architect” on all architectural plans,
drawings, specifications and all other contract documents prepared by or under his/her direct supervision”;
and (Underscoring supplied)
WHEREAS, the last Paragraph of Sec. 20 Rule III of supra IRR reads as follows: “The Board shall
prescribe the design, size and contents of the dry seal to be used in signing and sealing of architectural plans,
drawings, specifications, contract documents and architectural permit prepared by or under his/her direct
supervision”; (Underscoring supplied)
NOW, THEREFORE, the Board resolves, as it is hereby Resolved, to prescribe the dry seal with the
design, size, and contents, as presented in Annex “A” for mandatory use by a duly licensed architect in
signing and sealing of architectural plans, drawings specifications, contract documents and architectural
permit prepared by or under his/her direct supervision.

RESOLUTION NO. 02, SERIES OF 2006


ADOPTION AND PROMULGATION OF THE CODE OF ETHICAL CONDUCT FOR
REGISTERED AND
LICENSED ARCHITECTS AND FOR HOLDERS OF TEMPORARY/SPECIAL PERMITS UNDER
R.A. NO. 9266, KNOWN AS “THE ARCHITECTURE ACT OF 2004”
Pursuant to section 7 (g). Article II of R.A. No. 9266, known as the “Architecture Act of 2004”,cited
as IRR of the Architecture Act of 2004”, the Professional Regulatory Board of Architecture(hereinafter-
called Commission), resolves, as it is hereby resolved, to adopt and promulgate the hereunder Code of
Ethical Conduct for Registered and Licensed Architects and for holders of temporary/special permits under
the said R.A. No.9266 and Board Res. No. 07 as Prescribed and issued by the United Architects of the
Philippines, Inc. (UAP), the Integrated and Accredited Professional Organization of Architects (IAPOA) in
the Philippines by virtue of Board Res. No.03, Series of 2004 as approved by the Commission.

Article I – GENERAL PROVISIONS


Section 1 –Traits of Architects
Section 2 –Duties and Responsibilities

Article II – THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE PEOPLE


Section 3 –Relations with the Public

Article III - THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS/HER CLIENT


Section 4 – Relations with the Client

Article IV - THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE CONTRACTOR


Section 5 – Relations with Contractor
Article V - THE ARCHITECT’S RESPONSIBILITIES IN REALTION TO MANUFACTURES,
DEALERS, AND AGENTS
Section 6 – Relation with Manufactures, Dealers, and Agents

Article VI - THE ARCHITECT’S RESPONSIBILITIES IN REALATION TO


HIS/HERCOLLEAGUES AND SUBORDINATES
Section 7 – Relations with his/her colleagues and subordinates (his/her big and
small brothers/sisters)

Article VII - ARCHITECTS CREDO


Section 8 – Any registered and licensed architect shall recite with vigor, passion, and hope the
Architect’s Credo during special or important occasion, e.g., mass oath taking, IAPOA’s affairs, PRBOA’s
event.

Article VIII - MISCELLANEOUS PROVISIONS


Section 9 – Liabilities and Penalties
Section 10 – Separability Clause
Section 11 – Effectivity Clause

RESOLUTION NO.01 SERIES OF 2008


GUIDELINES IMPLEMENTING SEC. 38, ART. IV OF R.A. NO. 9266, KNOWN AS “THE
ARCHITECTURE ACT OF 2004”, AND SEC. 38, RULE IV OF BOARD RES. NO. 07, SERIES OF
2004, CITED AS THE “IRR OF THE ARCHITECTURE ACT OF 2004”, THE COVERAGE OF
TEMPORARY/ SPECIAL PERMITS FOR ISSUANCE TO FOREIGN ARCHITECTS AND FOR
OTHER PURPOSES

WHEREAS, Sec.38, Art. IV of R. A. No. 9266, known as “The Architecture Act of 2004”, and Sec. 38,
Rule IV of Board Res. No. 07, series of 2004, cited as the “IRR of the Architecture Act of 2004”, provide
that foreign national, who intends to perform architectural services in the Philippines shall secure a special/
temporary permit from the Professional Regulatory Board of Architecture (the “Board”), subject to approval
by the Professional Regulation Commission (the ”Commission”) upon compliance with all legal and
procedural guidelines;
WHEREAS, the issuance of Temporary/ Special Permits for foreign architects to engage in the practice of
the architectural profession as defined under Sections 3.3 and 3.4, Article I of R.A. No. 9266, shall enable
the Board to nurture high professional, ethical, and technical standards of the profession required under such
law through interaction, their architectural specialization, and technology transfers;
WHEREAS, there is clear, urgent, important need to protect the public against fraud, deception, or
ignorance, negligence, and incompetence in the practice of the architectural profession, or the illegal
practice of architecture by foreign architects and other entities, which may include other professionals/ non-
professionals registered and licensed in other countries or states that may not have reciprocity in the said
practice with the Philippines;
WHEREAS, the attainment of the foregoing objectives will enjoin the Board and the Commission in
collaboration with the Department of Labor and Employment (DOLE) and the Bureau of Immigration and
Deportation and other agencies to issue and promulgate guidelines for the effective implementation of the
laws and rules and regulations afore-mentioned through identification and imposition of the corresponding
sanctions and penalties on firms, agencies, organizations or individuals that employ foreign architects
engaged in the practice of the architectural profession who violate R.A. No. 9266 and Sec. 7, (j) and (l) and
Sec. 16 of R.A. No. 8981 and the rules and regulations thereof and the Codes of Ethics and Technical
Standards for architects; and
WHEREAS, in the formulation of these guidelines, the Board consulted with the IAPOA, other associations
of architects (provided for under Section 40, Article V of R.A. No. 9266) and representatives of legitimate
firms, agencies, organizations or individuals who employ foreign architects to engage in the practice of the
architectural profession;
NOW, THEREFORE, the Board RESOLVES, as it is hereby RESOLVED, to require all foreign architects
from countries/states with architectural practice reciprocity with the Philippines who intend to practice the
architectural profession in the Philippines under Philippine projects, to file an application for and to secure a
Temporary/Special Permit from the Board and the Commission, in accordance with Sec. 38, Art. IV of R.A.
No. 9266 and Sec. 38, Rule IV of Board Res. No. 07, series of 2004. 2
FURTHER, RESOLVED, for the implementation of the afore-stated provisions of law and IRR, to
promulgate the following Guidelines, providing for the procedure on the issuance of Temporary/ Special
Permits to foreign architects for the practice of architecture in the Philippines under the derivative laws and
rules and regulations:
GUIDELINE I: DEFINITIONS OF TERMS
GUIDELINE II: TEMPORARY/ SPECIAL PERMITS
GUIDELINE III: VOLUNTARY RETURN OF THE TEMPORARY/ SPECIAL PERMIT
GUIDELINE IV: EXIXTING OR OPERATING FIRMS OR ENTITIES THAT FAIL OR REFUSE
TO APPLY TEMPORARY/SPECIAL PERMITS FOR THEIR FOREIGN ARCHITECTS.

GUIDELINE V: FEES AND PENALTIES


GUIDELINE VI: SEPERABILITY CLAUSE, REPEALING CLAUSE, AND EFFECTIVITY

Resolution No. 2009 - 14


Series of 2009
REFORMATTING THE ARCHITECTURAL DESIGN AND SITE PLANNING
SUBJECT OF THE BOARD LICENSURE EXAMINATION FOR ARCHITECTS
(BLEA) TO FULLY COMPLY WITH SEC. 7 (m) OF R.A. NO. 9266 (The Architecture
Act of 2004)

WHEREAS, Section 7 (m), Article I of Republic Act No. 9266, known as the Architecture Act of 2004,
states, to wit: “Section 7. Powers and Functions of the Board. – xxx (m) To adopt a program for the full
computerization of the licensure examination; xxx“ (emphasis ours) WHEREAS, Sec. 7 (q) of R.A. No.
8981, cited as the “PRC Modernization Act of 2000” empowers the Professional Regulation Commission to
carry out the full computerization of its system including the Board licensure examinations (the “BLE”);
WHEREAS, the present format of the Architectural Design and Site Planning Subject (the “Subject”) of the
Board Licensure Examination for Architects (the “BLEA”) requires manual drafting skillsets in solving a
single, situational design (cum site planning) problem, for the examinee to successfully undertake and pass
the Subject; WHEREAS, the two (2) other BLEA Subject sets are non-drafting Subjects that only require the
examinees to answer a combined total of two hundred and fifty (250) questions under a multiple choice
format cum multiple situational problems, the answers to which are read only by optical media readers
(OMR);
WHEREAS, the required shift from a manual drafting, single design (cum site planning) problem format to
a non-drafting multiple design (cum site planning) problem format for the Subject shall achieve the
following:
a) remove the subjectivity generally/ specifically associated with the manual checking of the examinee’s
answer in the form of plates consisting of drawing sheets;
b) remove perennial doubts by examinees as to the validity of the checking of the design solution, which
can only be done manually within a period of thirty (30) days as prescribed by law;
c) remove the bias against the examinees with limited manual drafting skillsets;
d) allow the examinees better chances of passing the Subject since there will be multiple short situational
problems to solve, covering several design archetypes rather than just one long situational problem;
e) eliminate situations wherein examinees’ mistakes in the appreciation/ comprehension of one long
situational problem definitely increases the chances of failure in the Subject;
f) eliminate the need for cumbersome manual drafting implements/ paraphernalia/ apparatus to be brought
to the test site by the examinees e.g. drawing board, T-square, 30-/60-degree triangles, protractor, etc.;
g) eliminate the perennial confusion and misinterpretation of drawing/ drafting requirements and affixing
signatures or prohibited images/ graphics on the sheets/ drawings;
h) allow examinees with disabilities to take the Subject with ease; and
i) shall allow the future reduction of the Subject test period from the present ten (10) hours.
WHEREAS, the PRBoA has met on several occasions to discuss the mechanics and the sample questions for
the planned Subject test reformat;
WHEREAS, the Professional Regulatory Board of Architecture (the “PRBoA”) has consulted the
stakeholders in the profession and has received positive responses;
WHEREAS, the PRC Rating Division has been consulted on the planned Subject test reformat and has
found the suggested PRBoA reformat workable and in conformity with existing Commission practices and
standards; WHEREAS, the PRBoA has already conducted four (4) licensure examinations for architects
(LEAs) in the Kingdom of Saudi Arabia (KSA) in December 2007 and again in March 2009, in the form of
the Foreign Board Licensure Examination for Architects (the “FBLEA”), a component of the Special
Professional Licensure Board Examination (the “SPLBE”), upon the instruction of H.E. President Gloria
Macapagal-Arroyo; WHEREAS, the December 2007 FBLEA in KSA was a very successful pilot-test that
allowed the PRBoA to reduce the number of LEA examination days from three (3) to two (2), a system
which has already been applied in the Manila BLEAs since January 2008; WHEREAS, the expected limited
number of examinees at the FBLEA component of the four (4) SPLBEs scheduled in late November and
early December 2009 at Al-Khobar (KSA), Jeddah (KSA), Doha (Qatar) and Abu Dhabi (UAE), presents
another golden opportunity to pilot-test a non-drafting multiple design (cum site planning) problem for the
Subject that will now be checked only by the OMR, thus substantially complying with Sec. 7 (m) of R.A.
No. 9266; WHEREAS, the conduct of the FBLEA is in keeping with the policy of holding BLEs by the PRC
and the concerned Professional Regulatory Boards (PRBs) abroad to meet the special needs of Filipino
overseas workers, as enunciated by H.E. Pres. Gloria Macapagal-Arroyo; NOW THEREFORE, the PRBoA
RESOLVES, as it is hereby RESOLVED, to substantially comply with Sec. 7 (m) of R.A. No. 9266 by pilot-
testing a non-drafting multiple design (cum site planning) problem format for the Architectural Design and
Site Planning Subject of the FBLEA component of the four (4) SPLBEs scheduled in late November and
early December 2009 at Al-Khobar (KSA), Jeddah (KSA), Doha (Qatar) and Abu Dhabi (UAE);
RESOLVED, that the pilot-test for a non-drafting multiple design (cum site planning) problem format
require the FBLEA examinees to answer a total of one hundred and fifty (150) questions under a multiple
situational problem cum multiple choice format, the answers to which are to be read only by the OMR;
RESOLVED, that the pilot-test for a non-drafting multiple design (cum site planning) problem format for
the 4 FBLEAs be administered over the ten (10) hours originally assigned for the old manual drafting test
format; FURTHER RESOLVED, to make representations with and/ or instruct the concerned PRC divisions
to make the necessary adjustments and preparations to help assure the success of the pilot-test; and
FURTHERMORE RESOLVED, that if the pilot-test is again successful, the same Subject test reformat be
applied in the 2010 Manila BLEAs and all FBLEAs of SPLBEs thereafter.
RESOLVED, FINALLY, that this Resolution shall take effect fifteen (15) days following its full and
complete publication in the Official Gazette or any newspaper of general circulation in the Philippines; that
concerned offices and divisions be directed to carry out the herein Resolution; and that copies hereof be
furnished to all concerned persons for its information and dissemination to all stakeholders.
CIVIL CODE
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

CHAPTER 1. EFFECTS AND APPLICATION OF LAWS


BOOK 1: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
TITLE 1. CLASSIFICATION OF PROPERTY
PRELIMINARY PROVISIONS
ARTICLE 414. ALL THINGS WHICH ARE OR MAY BE THE OBJECT OF APPROPRIATION
ARE CONSIDERED EITHER:
(1) IMMOVABLE OR REAL PROPERTY: OR
(2) MOVABLE OR PERSONAL PROPERTY

CHAPTER 2. MOVABLE PROPERTY


CHAPTER 3. PROPERTY IN THE RELATION TO THE PERSON TO WHOM IT BELONGS
ARTICLE 419. PROPERTY IS EITHER OF PUBLIC DOMINION OR OF PRIVATE
OWNERSHIP
ARTICLE 420. THE FOLLOWING THINGS ARE PROPERTY OF PUBLIC DOMINION:
(1) THOSE INTENDED FOR PUBLIC USE, SUCH AS ROADS, CANALS, RIVERS,
TORRENS, PORTS, AND BRODGES CONSTRUCTED BY THE STATE, BANKS,
SHORES, ROADSTEADS, AND OTHER OF SIMILAR CHARACTER:
(2) THOSE WHICH BELONG TO THE STATE, WITHOUT BEING FOR PUBLIC USE, AND
ARE INTENDED FOR SOME PUBLIC SERVICE OR FOR THE DEVELOPMENT OF
THE NATIONAL WEALTH.
ARTICLE 421. ALL THE OTHER PROPERTY OF THE STATE, WHICH IS NOT OF THE
CHARACTER STATED IN THE PRECEEDING ARTICLES, IS PATRIMONAL PROPERTY.
ARTICLE 424. PROPERTY FOR PUBLIC USE, IN THE PROVINCES, CITIES, OR
MUNICIPALITIES, CONSIST OF THE PROVINCIAL ROADS, CITY STREETS, MUNICIPAL
STREETS, THE SQAURES, FOUNTAINS, PUBLIC WATERS, PROMENADES, AND PUBLIC
WORKS, FOR PUBLIC SERVICES PAID FOR BY SAID PROVINCES, CITIES OR
MUNICIPALITIES.

TITLE II. OWNERSHIP


CHAPTER 1. OWNERSHIP IN GENERAL
ARTICLE 427. OWNERSHIP MAY BE EXERCISE OVER THINGS OR RIGHTS
ARTICLE 428. THE OWNERSHIP HAS THE RIGHT TO ENJOY AND DISPOSE OF A THING,
WITHOUT OTHER LIMITATIONS THAT THOSE ESTABLISHED BY LAW.
ARTICLE 433. ACTUAL POSSESSION UNNDERSHIP RAISES DISPUTABLE PRESUMTION
OF OWNERSHIP. THE TRUE OWNER MUST RESORT TO THE JUDICIAL PROCESS FOR THE
RECOVERY OF THE PROPERTY.
ARTICLE 434. IN AN ACTION TO RECOVER, THE PROPERTY MUST BE IDENTIFIED, AND
THE PLENTIFF MUST RELY ON THE STRENGTH OF HIS TITLE AND NOT ON THE WEAKNESS
OF THE DEFENDANT’S CLAIM.
ARTICLE 435. NO PERSON SHALL BE DEPRIVE ON HIS PROPERTY EXCEPT BY
COPETENT AUTHORITY AND PUBLIC USE AND ALWAYS UPON PAYMENT OF JUST
COMPENSASION.
ARTICLE 437. THE OWNER OF A PARCEL OF LAND IS THE OWNER OF ITS SURFACE
AND OF EVERYTHING UNDER IT, AND HE CAN CONSTRUCT THEREON ANY WORKS OR
MAKE ANY PLANTATION AND EXCAVATIONS WHICH HE MAY DEEM PROPER, WITHOUT
DETRIMENT TO SURVITUDE AND SUBJECT TO SPECIAL LAWS AND ORDINANCE. HE CANNOT
COMPLAIN OF THE REASONABLE REQUIREMENTS OF AERIAL NAVIGATIONS.

CHAPTER 3. RIGHT OF ACCESSION


SECTION 1. RIGHT TO ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY
PROPERTY.
SECTION 2. RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY.
SECTION 3. RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY.

TITLE III. CO-OWNERSHIP

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