Practice question
A city public promenade remains actively devoted to public use. A kiosk there pays lawful concession fees. Do fees alone necessarily make the whole promenade patrimonial?
- Every fee automatically privatizes the entire promenade.
- Only the kiosk operator can classify public property.
- The promenade necessarily belongs personally to the cashier.
- The city must transfer title to every visitor.
- No; the actual statutory public-use character is not defeated solely by that income fact.
Legal references
- Civil Code Articles418-425 and428: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- LGC Section22, corporate powers and contracting authority: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
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