1

TITLE I. – CLASSIFICATION OF .! utside the commerce of man &e!! prohibited

PROPERTY PRELIMINARY PROVISIONS drus'
(d) Existence
Property – an object that which is, or may be, appropriated; 1! %resent property (rex existentes)
o That branch of civil law which classies and denes .! *uture property (res future)
the dierent kinds of appropriable objects, provides 2 3oth may be the subject of sale, but enerally not
for their acquisition and loss, and in eneral, treats the subject of donation
of the nature and consequences of real rihts! (e) Materiality or Immateriality 
1! Tanible or corporeal – that can be seen or touched
“Thing” diting!ihed "ro# “Property” .! /ntanible or incorporeal – rihts or credits
• "Thin# is broader in scope for it includes (f) Dependence or Importance
both appropriable and non$appropriable objects! 1! %rincipal
• %roperty involves both material and intanible thins! .! +ccessory
(g) apability of !ubstitution
C$%i&'%tion o" Thing 1! *unible – capable of substitution by other thins
&a' Res Nullius &belonin to no one'( thins that have not of the same quantity and quality
yet been appropriated, or because they have been .! 4on$funible – incapable of such substitution; the
abandoned (res derelictae) by the owner with the identical thin must be iven or returned
intention of no loner ownin them! )!! *ish still (h) "ature or De#niteness
swimmin in the ocean, wild animals, birds, pebbles 1! 5eneric – referrin to a roup or class
lyin on the seashore! .! 6pecic – referrin to a sinle, uni$ue ob%ect 
&b' Res Communes &belonin to everyone'( thins really (i) &hether in the ustody of the ourt or 'ree
owned by everybody in that their use and enjoyment 1! /n custodia legis &in the custody of the court' –
are iven to all of mankind! )!! +ir, wind, sunliht, when it has been sei7ed by an o8cer under a writ
starliht! of attachment or under a writ of e9ecution
&c' Res Alicujus &belonin to someone'( tanible or .! *ree – not in the custody of the court
intanible objects which are owned privately, either in
a collective or individual capacity! )!! ones Ch%r%'teriti' o" Property
book, shares of stock, parcel of land! &a' :tility for the satisfaction of moral or economic wants
&b' 6usceptibility of appropriation
C$%i&'%tion o" Property &c' /ndividuality or substantivity &i!e!, it can e9ist by itself,
(a) Mobility and non-mobility  and not merely as part of a whole'
1! -ovable or personal property
.! /mmovable or real property Art. ()(. A$$ thing *hi'h %re or #%y +e the o+,e't o" 
(b) Ownership %ppropri%tion %re 'onidered either-
1! %ublic dominion or ownership )/I##o0%+$e or re%$ property1 or
.! %rivate dominion or ownership 2/Mo0%+$e or peron%$ property.
(c) Alienability 
1! 0ithin the commerce of man &can be objects I#port%n'e o" the C$%i&'%tion o" Property Into
of contracts or juridical transactions' I##o0%+$e %nd Mo0%+$e
 .

• ierent provisions of the law overn the acquisition, 1! 6pouse

possession, disposition, loss, and reistration .! 6on or dauhter of leal ae B! )
of immovable and movables! ither parent
@! 3rother or sister of leal ae; or
In'o#p$etene o" the C$%i&'%tion F! 5uardian over the person of the decedent at the time
• Mi3ed or e#i4i##o0%+$e – movable properties which of his death
under certain conditions, may be considered immoable by 2 /n the same order of priority, in the absence of any actual
virtue of their bein attached to an immovable for certain notice of contrary intentions by the decedent or actual notice
specied purposes! of opposition by a member of the immediate family of the
2 -achines are immovable decedent, for purposes of donatin all or any part of
the decedents body!
5itori'%$ Note • onations may be made after or immediately
• <orporeal property – res corporales before death!
• /mmovables – res immobiles
• -ovables – res mobiles M%nner o" e3e'!ting % $eg%'y
• 3y will, which shall become eective only upon
 6!ripriden'e on the C$%i&'%tion the testators death without waitin for probate of the will!
• !tandard Oil o of "ew *or+  ,aranillo ( .hil /01) ( • 4otwithstandin the declaration of its invalidity
:nder certain conditions, it is undeniable that the parties for testamentary purposes, or if the will is not probated, so
to a contract may, by areement, treat as a lon as it was e9ecuted in ood faith, the will
personal property that which by nature would be real is nevertheless valid and eective!
property! • >eacy becomes eective upon the death of the testator
and shall be respected by and bindin upon the testators(
“Re'$%i&'%tion” diting!ihed "ro# “Con0erion” 1! )9ecutor
• Reclassifcation 2 the act of specifyin how aricultural .!
lands shall be utili7ed for a non$aricultural uses such as +dministrator B!
residential, industrial, or commercial! Ieirs
• Conversion 2 the act of chanin the current use of a @! +ssin
piece of aricultural land into some other use as approved F! 6uccessors$in$interest
by the +=! L! +ll members of the family
o >udo ? >uym evelopment <orp! v! 3arretto, @A1 6<=+ • =ules(
BC1 D.EEFG'( + mere reclassication of aricultural l and o -ust be sined by the testator in the presence of two
does not automatically allow the chane of its useH witnesses who must sin the document in his presence
• Iuman body is not a property at all – it enerally cannot o  The leacy may be made to a specied leatee or
be appropriated! without specifyin a leatee
o  The testator may desinate in his will, card or
Peron *ho #%t e3e'!te % $eg%'y document, the sureon or physician who will carry out
+ny individual, at least 1J years of ae and of sound mind, the appropriate procedures
may ive by way of leacy, to take eect, after hisKher death, o + leacy of all or part of the human body may also be
all or part of hisKher body for any specied purpose! made in any document other than a will

7ho #%y e3e'!te % don%tion8 Any right in the N%t!re o" Property Le th%n Tit$e
 B

• ."3 s A (45 !AD 65 (7886)9  The term "interests is ?/Ferti$i@er %'t!%$$y !ed on % pie'e o" $%nd1
broader and more comprehensive than the word "title /Mine; B!%rrie; %nd $%g d!#p; *hi$e the #
and its denition in a narrow sense by le9icoraphers as %tter thereo" "or# p%rt o" the +ed; %nd
any riht in the nature of property less than title, indicates *%ter either r!nning or t%gn%nt1
that the terms are not considered synonymous! /t is /Do'< %nd tr!'t!re *hi'h; tho!gh o%ting; %re
practically synonymous, however, with the word "estate intended +y their n%t!re %nd o+,e't to re#%in %t
which is the totality of interest which a person has from % &3ed p$%'e on % ri0er; $%<e; or 'o%t1
absolute ownership down to naked possession! +n )/ Contr%'t "or p!+$i' *or<; %nd er0it!de
"interest in land is the leal concern of a person in the %nd other re%$ right o0er i##o0%+$e property.
thin or property, or in the riht to some of the benets or
uses from which the property is inseparable! I##o0%+$e property &as dened in dictionaries' – that
which is rmly 9ed, settled, or fastened; that which is 9ed in
Ch%pter ) – IMMOVA9LE PROPERTY  a denite place; subject to e9ceptions!

Art. ():. The "o$$o*ing %re i##o0%+$e property- A'%de#i' C$%i&'%tion o" Re%$ Propertie (.resbitero 
)/L%nd; +!i$ding; ro%d %nd 'ontr!'tion o" %$$ 'ernande:; <-78=56; Mar 01; 78/0)
<ind %dhered to the oi$1 &a' =eal property by nature &trees ? plants'
2/Tree; p$%nt; %nd gro*ing "r!it; *hi$e they %re &b' =eal property by incorporation &buildins'
%tt%'hed to the $%nd o" "or# %n integr%$ p%rt o"  &c' =eal property by destination or purpose  &machinery
%n i##o0%+$e1 placed by the owner of a tenement on it for direct use
=/E0erything %tt%'hed to %n i##o0%+$e in % &3ed in an industry to be carried on therein'
#%nner; in !'h % *%y th%t it '%nnot +e &d' =eal property by analogy &riht of a usufruct, contract
ep%r%ted there"ro# *itho!t +re%<ing for public works, easements and servitudes
the #%teri%$ or deterior%tion o" the o+,e't1
(/St%t!e; re$ie"; p%inting; or other o+,e't "or P%r%gr%ph )- GL%nd; +!i$ding; ro%d; %nd
!e or orn%#ent%tion; p$%'ed in +!i$ding or on 'ontr!'tion o" %$$ <ind %dhered to the oi$.H
$%nd +y the o*ner o" the i##o0%+$e in !'h % • >and( /mmovable by its very nature;
#%nner th%t it re0e%$ the intention to %tt%'h o /mmovable( even if moved by an earthquake or
the# per#%nent$y to the tene#ent1
e9traordinary happenin, or if rented!
:/M%'hinery; re'ept%'$e; intr!#ent
o %ersonal property( a shovelful of land, as it no
or i#p$e#ent intended +y the o*ner o"
loner adheres to the soil!
the tene#ent "or %n ind!try or *or< *hi'h #%y
+e '%rried on in % +!i$ding or on % pie'e o" $ • 3uildins( considered immovable provided they are
%nd; more or less of a permanent structure, substantially
%nd *hi'h tend dire't$y to #eet the need o" the adherin to the land, and not mere superimpositions
%id ind!try or *or<1 on the land or Muonset 9tures and provided there is
the intent of permanent anne9ation (<una 
>/Ani#%$ ho!e; pigeon4ho!e; +eehi0e; &h
pond or +reeding p$%'e o" i#i$%r n%t!re; in Encarnacion; et al; 87 .hil =07)
'%e their o*ner h% p$%'ed the# or preer0e o  The law does not distinuish as to who built or
the# *ith the intention to h%0e the# per# owns the buildin! (<adera  >odges; A; 4
%nent$y %tt%'hed to the $%nd; %nd "or#ing % O? =06)
per#%nent p%rt o" it1 the %ni#%$ in thee p$%'e
%re in'$!ded1
 @

o  The inclusion of "buildin# separate and distinct o <una  Encarnacion; et al; (87 .hil =07)(
from the land is because the buildin is by + buildin subjected to a chattel mortae cannot be
itself an immovable property! mean that a sold e9tra$judiciallyH
buildin is by itself an immovable • 3uilding Mortgaged !eparately from the <and
property! (<ope:  Oroso; ,r; et al; <- on &hich It >as 3een 3uilt 
71476-74; 'eb 54; 78=4@ o <eung *ee  !trong Machinery o (06 .hil /)@
 Assoc; Inc and !urety o; Inc  Iya; et al; <-
Eangelista  Alto !urety and Ins; o; Inc (<-
71406-04; May 01; 78=4)
77708; Apr 50; 78=4)9 /n case such a buildin is
o -ortae on a buildin is a real estate
made the subject of a chattel mortae, and the
mortae! The nature of the buildin as real mortae is reistered in the chattel mortae
property does not depend on the way the parties reistry, the mortae would still be void insofar as
deal with it! &>eun Nee v! 6tron third persons are concerned!
-achinery <o!, BA %hil! L@@; >adera v! Iodes, o Manalansan  Manalang; et al (<-70//; ,uly 5/;
D<+G @J !5! FBA@'
78/1)9  There is no leal compulsion to reister
o <eung *ee  !trong Machinery o (06 .hil
transactions over buildins that do not belon to the
/)9  The buildin is real property  The mere owners of the lands on which they stand!
fact that the parties decided to deal with the
• !ale or Mortgage of a 3uilding which &ould 3e the
buildin as personal property does not chane
Ob%ect of Immediate Demolition
its character as real property!
3icerra; et al  ene:a; et al; (<-7/574; "o 58;
.rudential 3an+  .anis (?B =1114; Aug 07;
o
o
78/5)9 -ay be considered personal property
7844)9 0hile a mortae of land necessarily
and the sale or mortae thereof would be a sale
includes, in the absence of stipulation of the
of chattel, or a chattel mortae, for the true object
improvements thereon, buildins, still a buildin
of the contract would be the materials thereof!
by itself may be mortaed apart from the land
• Ministerial Duty of the Begistrar of .roperty 
on which it has been built! 6uch a mortae
would still be considered immovable property o !tandard Oil o  ,aranillo ( .hil /07)9  The
even if dealt with separately and apart from the reistrar has the ministerial duty to record
land! the chattel mortae since he is not
empowered to determine the nature of any
• May a house built on rented land be the ob%ect of a
document of which reistration is souht as a
mortgageC Nes – real estate mortae;
chattel mortae! The reistrars duty is -/4/6T)=/
<onditions for a house built on rented land be a
+> in character! There is no leal provision
subject of chattel mortae(
conferrin upon him any
1! The parties to the contract so aree, and
 judicial or quasi$judicial power to determine the
.! 4o innocent third party will be prejudiced
nature of the document presented before him!
/f a chattel mortae is made on a buildin, and
oledo-3anaga  A (715 !AD 81/; 015 !BA 007
o

subsequently a real mortae is made on the land

o

(7888)9 /t is a ministerial function of the =eister of 

and the buildin( real mortae should be
eeds to comply with the decision of the court to
preferred!
issue a title and reister a property in the name of a
Manalang; et al  O# lada; (<-4700; May 74; 78=/)(
certain person, especially when the decision had
o

)ven if so stipulated as personal property, for

attained nality!
purposes of sale at a public auction, the house
should be considered real property! • onstructions of All inds
 F

o /t is understood that the attachment must be more o nce severed, it becomes personal property even
or less permanent; as lon as there is an intent to if left scattered or lyin about the land!
permanently anne9! • !ynonyms
o "5rowin crops# O "standi n crops#, or
P%r%gr%ph 2- GTree; p$%nt %nd gro*ing 'rop; *hi$e
"unathered fruits# of "rowin fruits#
they %re %tt%'hed to the $%nd or "or# %n integr%$ p%rt
P%r%gr%ph =- GE0erything %tt%'hed to %n i##o0%+$e in
o" %n i##o0%+$e.H % &3ed #%nner; in !'h % *%y th%t it '%nnot +e
• rees and .lants ep%r%ted there"ro# *itho!t +re%<ing the #%teri%$ or
o =eal property by nature( if they are the deterior%tion o" the o+,e't.H (res inta in =oman >aw'
spontaneous products of the soil; • *or the incorporated thin to be considered
o =eal property by incorporation( if planted thru real property, the injury or breakae or
labor! deterioration in case of separation must be
o  The moment they are detached or uprooted from 6:36T+4T/+>!
the land, they become personal property, e9cept
• Examples9 *i9ed re escape stairway embedded in the
for uprooted timber from a timber land!
walls of a house, aqueduct, sewer, well!
o  Trees blown by a typhoon remain part of the land H
• Distinctions9
and should be considered real property! P%r%gr%ph = P%r%gr%ph (
• Begistration of <and ontaining rees and .lants 1! annot be separated 1! <an be separated
o <aarro  <abitoria (= .hil 644)9  Trees and plants from immovable from immovable
anne9ed to the land are parts thereof, and unless without breakin or without breakin
rihts or interests in such trees or plants deterioration or deterioration
are claimed in the reistration proceedins by .! 4eed 4T be placed .! -ust be placed by the
the others, they become the property of the person by the owner owner, or by his
to whom the land is adjudicated! (<adera aent, e9press or
• ?rowing rops on OneFs Own <and s >odges; A 4 O? implied
o ?eguillana  3uenaentura; et al (GAH ?B 04/7-B; =06) B! =eal property by
 ,an 07; 78=7)9 !!!trees remain real property even B! =eal property by incorporation and
if sold separate and apart from the land on which incorporation destination
they row – as lon as the trees are still attached to
the land if from an interal part thereof! • %roperties temporarily removed, but there is an
o :nder e9press provisions( rowin crops intention to replace them H should be rearded
are considered real property by incorporation; as personal property inasmuch as the "incorporation#
o :nder =ules of <ourt( rowin crops are attached in has ceased!
the same way as a real property;
o :nder <hattel -ortae >aw( rowin crops may be P%r%gr%ph (- GSt%t!e; re$ie"; p%inting or
considered as personal property, and may thus be other o+,e't "or !e or orn%#ent%tion; p$%'ed in +!
subject of chattel mortae! i$ding or on $%nd +y the o*ner o" the i##o0%+$e in
• ?rowing rops on AnotherFs <and !'h % #%nner th%t it re0e%$ the intention to %tt%'h
o 5rowin crops whether on ones land or the# per#%nent$y to the tene#ent.H
on anothers as in case of usufructuary, a • Examples9 9ed statue in the arden of a
possessor or a tenant, should be considered real house, permanent paintin on the ceilin, picture
property! embedded
o /mportant consideration( still attached to the land
 L

in the concrete walls of a house, ru or carpet fastened o /mmovableKreal( if still needed for the industry, but
to the Poor! separated temporarily@ -- not to real property by
• .lacing by the Owner  incorporation but to real property by destination or
o bjects must be placed by the owner of purpose!
the immovable and not necessarily by the owner of • Examples (cases)9
the object! o 3er+en+otter  u Jn%ieng (/7 .hil //0)9  -achines
o alde:  Altagracia (55= J! =4)9  wner may act placed in a suar central bein subjected of a real
thru his aent, or in case of insanity throuh the estate mortae, the machines become subject to
owners duly appointed uardian! such mortae!
o Daao !awmill  astillo (/7 .hil 618)9 /f placed by   The mortae of a parcel of land enerally
a mere tenant, the objects must remain chattels or includes all future improvements that may be
personalty for the purposes of <hattel -ortae found on said parcel! These improvements
>aw! include real properties – because they are
essential and principal elements of the business,
P%r%gr%ph :- GM%'hinery; re'ept%'$e; intr!#ent; or without which, the business would be unable to
i#p$e#ent intended +y the o*ner o" the tene#ent carry out its industrial purpose!
"or %n ind!try or *or< *hi'h #%y +e '%rried on in % o Machinery  .ecson (<-61=6; Oct 58; 78=)9
+!i$ding or on % pie'e o" $%nd; %nd *hi'h tend dire't$y -achines attached to concrete foundations
to #eet the need o" the %id ind!try or *or<.H (Beal of buildins in a 9ed manner such that they cannot
 property by destination or purpose) be separated therefrom without unboltin and
• Essential Be$uisites9 cuttin some supports!
1! %lacin must be made by the owner of the o Daao !awmill o  astillo (/7 .hil 618)9
tenement, his aent, or duly authori7ed /mmobili7ation by destination or purpose cannot
representative! enerally be made by a person whose possession
.! /ndustry or works must be carried on /4 the of the property is only T)-%=+=N, otherwise, it
buildin or 4 the land! Transportation may be presumed that the intention is to ive the
businesses is not included (Mindanao 3us o  property permanently away in favor of the owner
ity Assessor; <- 76461; !ep 58; 78/5) of the premises!
B! -ust tend directly to meet the needs of said industry  "-achinery which is movable in its nature
or works – adaptability becomes immobili7ed when placed in a plant by
@! -ust be essential and principal elements in the the owner of the property or plant, but not when
industry, and not merely incidental! so placed by a tenant, a usufructuary, or a
  Test on whether the equipment is movable or person havin only a temporary riht, unless
immovable( /f the business can continue to carry such person acted as the aent of the owner!
on their functions without the incidental o alde:  entral Altagracia; Inc (5= J! =4)9
equipment! (Mindanao 3us o  ity Assessor and -achinery placed on property by a tenant does not
reasurer; <-76461; !ep 58; 78/5) become immobili7ed( when however, a tenant
• EKect of !eparation places it pursuant to a contract that it shall belon
o <hattel( if machine is still in the buildin, but is no to the owner, it becomes immobili7ed as to that
loner used; tenant and his assins havin notice, althouh it
 A

does not become so as to the creditors not havin o 0hen the animals inside the permanent animal
leal notice of the lease! houses are alienated onerously or
o 0hen is machinery attached to land or a ratuitously(
tenement
considered immovableQ – %ar!F, +rt! @1F
 )9ception( 0hen placed on the land
or
tenement by a T)4+4T!
 )9ception to the e9ception( &a' 0hen the
tenant had promised to leae the machinery
on the tenement at the end of the lease, or &b'
when he acted only as aent of the owner of the
land!
o  Ago  ourt of Appeals; et al (<-76484; Oct 07;
78/5)9 6awmill machineries and
equipment installed in a sawmill for use in the
sawin of los, a process carried on in said
buildin, become real properties, and if they are
judicially sold on e9ecution without the necessary
advertisement of sale by publicationH, the sale made
by the sheri would be null and void!
o .eopleFs 3an+ and rust o  Dahican <umber o (<-
76=11; May 7/; 78/6)9 +fter$acquired properties
may be treated either as &a' real property  by &e!'
subjectin them to the lean of the real estate
mortae; or as &b'  personal property  by &e!'
e9ecutin chattel mortae!
o 3oard of Assessment Appeals; L  Meralco (71
!BA /4)9 04 steel towers or poles of
the
-)=+>< considered real or personal properties(
%)=64+> – does not come under %ars! 1, B ? F of 
+rt! @1F!

P%r%gr%ph >- GAni#%$ ho!e; pigeon4ho!

e;
+eehi0e; &hpond or +reeding p$%'e o" i#i$%r
n%t!re; in '%e their o*ner h% p$%'ed the#
or preer0e the# *ith the intention to h%0e
the# per#%nent$y %tt%'hed to the $%nd; %nd
"or#ing % per#%nent p%rt o" it1 the %ni#%$ in thee
p$%'e %re in'$!ded.H
•  Alienation of the Animals
 +lienation of personal property, unless the buildin
or the tenement is itself also alienated!
=eason( The animal structures must of necessity
be detached from the immovable!
• emporary !tructures of ages
o )asily removable or which may be carried from
place to place – chattel!

P%r%gr%ph ?- GFerti$i@er %'t!%$$y !ed on % pie'e

o" 
$%nd.H
• <onsidered personal property when 4T yet
been "actually used or spread over the land!

P%r%gr%ph - GMine; B!%rrie; %nd $%g d!#p *hi$e

the #%tter thereo" "or# p%rt o" the +ed; %nd *%ter;
either r!nning or t%gn%nt.H
• =eal property( when mines, includin the minerals are
still attached thereto;
o <hattels( when minerals have been e9tracted!
o "6la dump# – dirt and soil taken from a mine
and piled upon the surface of the round!
o "0aters# – those still attached to or runnin thru
the soil or round!
 "0ater#( personal property
 ther bodies of water &canals, rivers,
lakes, partKs of the sea' as may be
object of appropriation( real property

P%r%gr%ph - GDo'< %nd tr!'t!re *hi'h; tho!gh

o%ting; %re intended +y their n%t!re %nd o+,e't to
re#%in %t % &3ed p$%'e on % ri0er; or 'o%t.H
• 'loating >ouse
o =eal property( when tied to a shore or bank
post and used as a residence;
o /f a Poatin house makes it a point to journey from
place to place( vessel
• Ressels
o .hilippine Be#ning o; Inc  ,ar$ue (/7 .hil 558)9
<onsidered personal property! – may be subject of
a chattel mortae!
 J

o +lthouh vessels are personal property, they o %ar! 1( fountain pen, piano, animals
partake to a certain e9tent of the nature and o %ar! .( rowin crops, machinery on a tenement by
conditions of real property  because of their value a tenant who did not act as the aent of
and importance in the world of commerce! the tenement owner! &avao 6awmill v! <astillo, L1
%hil! AEC'
P%r%gr%ph )- GContr%'t "or p!+$i' *or<; %nd o %ar! B( electricity, as, liht, nitroen &:!6! v! <arlos,
er0it!de %nd other re%$ right o0er i##o0%+$e .1 %hil! F@B'
property.H o %ar! @( machinery not attached to land nor needed
• Bights for the carryin on of an industry
o 4ecessarily intanible; conducted therein; portable radio, laptop, diploma
o  The piece of paper on which the contract for public hanin on the wall
works has been written is necessarily personal
property, but the contract itself &the riht to the • <ases(
contract' is real property ! o !ibal  alde:; =1 .hil =759 The e9istence of a
o + servitude or easement is an encumbrance
riht on the rowin crop is a mobili:ation
imposed on an immovable for the benet of another by anticipation; a gathering as it were; in
immovable belonin to another owner, or for adance; renderin the crop movable!
the benet of a person, roup of persons, or a
community! o J!  arlos (57 .hil =0)9 The true test of what
o :sufruct of personal property or lease of personal may be stolen is not whether it is corporeal or
property( personal property incorporeal, but whether, bein possessed of value,
• Beal .roperty by Analogy  a person other than the owner, may appropriate
o <onsidered real property, althouh they are the same!
not material, they nevertheless partake of the
essential characteristics of immovable property! o Inoluntary Insolency of !tochec+er  Bamire: (
.hil 800)9 rustore businessH should be
Ch%pter 2 – MOVA9LE PROPERTY  considered personal property, and may thus be the
subject of a chattel mortae!
Art. ()>. The "o$$o*ing thing %re dee#ed to
+e peron%$ property- •  Three Tests to etermine whether %roperty /s -ovable
)/Thoe #o0%+$e !'epti+$e o" %ppropri%tion or /mmovable &-anresa'(
*hi'h %re not in'$!ded in the pre'eding %rti'$e1 1! /f the property is capable of bein carried
2/Re%$ property *hi'h +y %ny pe'i%$ pro0iion o"  from place to place &Test by description)
$%* i 'onidered % peron%$ty1 .! /f such chane in location can be made
=/For'e o" n%t!re *hi'h %re +ro!ght ! without injurin the real property to which it
nder 'ontro$ +y 'ien'e1 %nd may in the meantime be attached &Test by
(/In gener%$; %$$ thing *hi'h '%n +e tr%nported description)@
"ro# p$%'e to p$%'e *itho!t i#p%ir#ent o" the B! /f the object is not one of those enumeratedKincluded
re%$ property to *hi'h they %re &3ed. in +rt! @1F &Test by exclusion) 2 Test by e9clusion
superior  to test of description
• )9amples(
 C

• ther incorporeal movables( %atent, copyriht, riht to o -ortae on real estate is a real property by
an invention &intellectual properties' – analoy!
personal property!
P%r%gr%ph 2- “Sh%re o" to'< o" %gri'!$t!r
• "%e rs on al e e ct s# – include only such %$; 'o##er'i%$; %nd ind!tri%$ entitie; %$tho!gh they
tanible property as applied to a person #%y h%0e re%$ et%te.”
&automobiles not included' (>emnani  Export • )9amples(
ontrol ommittee; <- 47; 'eb 54; 78=6) o 6hare of stock in a old minin corporation(
o %ersonal eects are personal property, but not all personal property;
personal property are personal eects! o 5old mine itself, as well as any land of the
corporation( real property by the law;
• Srder of emolition o <erticate evidencin ownership of the share and
o ity of 3aguio  "io; 46 !BA 577 (511/)9 0hat is the share itself( personal property – may be the
the e9tent to which an administrative entity may object of mortae!
e9ercise process depend larely onQ
o epends on the provisions of the statute o edman  &inslow (71 Mass 7=)9  )ven if the sole
creatin or empowerin such aency! property of a corporation should consist only of real
property, a share of stock in such is considered
Art. ()?. The "o$$o*ing %re %$o 'onidered personal property!
% peron%$ property-
)/O+$ig%tion %nd %'tion *hi'h h%0e "or their • +ll shares in all juridical persons should be
o+,e't #o0%+$e or de#%nd%+$e !#1 %nd considered personal property!
2/Sh%re o" to'< o" %gri'!$t!r%$; 'o##er'i%$ %nd o Inoluntary Insolency of !tochec+er  Bamire: (
ind!tri%$ entitie; %$tho!gh they #%y h%0e re%$ .hil 800)9 Ialf$interest in aH business is personal
et%te. property is capable of bein the subject of a chattel
mortae! Iowever, a half$interest in aH buildin
P%r%gr%ph )- “O+$ig%tion %nd %'tion *hi'h h%0e "or &and not the business' is a real riht H therefore,
their o+,e't #o0%+$e or de#%nd%+$e !#.HH by itself a real property !
• )9amples(
o =iht to brin an action to recover a • )nforcement of %roperty =ihts in 6hares of 6tock
stolen automobile is personal property by itself o 3lac+ Eagle Mining o  onroy; et al (557 .ac
o <redit as well as the riht to collect by judicial
5=; 5/)9 The property riht of shares of stock can
action is personal property only be e9ercised or enforced where the
o /lleal object is not considered corporation is organi:ed and has its place
demandable, therefore, no riht e9ists! of business; and can e9ist only as an incident to and
o + riht to recover possession &e!! a piece of land' connected with the corporationH
is considered real, and not personal property! – the
object of such riht is immovable! o om of ustoms  apistrano (<-7716=; ,une 01;
o %romissory note, as well as riht to collect it, are 78/1)9 0hen it is in domestic circulation, money is
personal property! legal tender and is, therefore, 4T
merchandise! 0hen, however, it is attempted to
be e9ported or
 1E

smuled H therefore now considered as a &a' /n a public capacity (dominio public)

merchandise or commodityH
o 0hether the money is leal tender or not, whether
it is a merchandise or not, it is %)=64+> property!

Art. (). Mo0%+$e property i either 'on!#%+$e or

non4'on!#%+$e. To the &rt '$% +e$ong thoe
#o0%+$e *hi'h '%nnot +e !ed in % #
%nner
%ppropri%te to their n%t!re *itho!t their
+eing 'on!#ed1 to the e'ond '$% +e$ong %$$ the
other.

• Con!#%+$e property – cannot be used accordin to

its nature without its bein consumed!
• Non4'on!#%+$e – any other kind of
movable property

• <lassication(
&a' +ccordin to their nature9
1! <onsumable
.! 4on$consumable
&b' +ccordin to the intention of the parties(
1! *unible (res fungibles) 2 that which
is replaceable by an equal quality and quality,
either by the nature of thins, or by common
areement; e$uialent  thin be returned
.! 4on$funible (res nec fungibles) 2
if irreplaceable, because the
identical objects must be
returned; &even thouh by nature it is
consumable'
• <redit transactions( >oan for consumption( simple loan
or mutuum@ >oan for e9hibition( commodatum

Ch%pter = – PROPERTY IN RELATION TO T5E PERSON

TO 75OM IT 9ELONS

Art. (). Property i either o" p!+$i' do#inion or

o" pri0%te o*nerhip.

Property C$%i&ed A''ording to O*nerhip &properties

are owned either'(
 o >eirs of .roceso 3autista  !ps 3ar:a (?B 687/6;
May 6; 7885)9  The function of administerin and
disposin of lands of the public domain in the
manner prescribed by law is not entrusted to the
courts but to e9ecutive o8cials!
&b' /n a priate capacity (propiedad priado)
• 6tate may own properties both in(
1! public capacity &properties of public dominion';
and
.! private capacity &patrimonial property'

Art. (2. The "o$$o*ing thing %re property o" p!+$i'

do#inion-
)/Thoe intended "or p!+$i' !e; !'h % ro%d;
'%n%$; ri0er; torrent; port %nd
+ridge 'ontr!'ted +y the St%te; +%n<;
hore; ro%dte%d; %nd other o" i#i$%r 'h%r
%'ter1
2/Thoe *hi'h +e$ong to the St%te; *itho!t +eing
"or p!+$i' !e; %nd %re intended "or o#e p!+$i'
er0i'e or "or the de0e$op#ent o" the n%tion%$
*e%$th.

P!+$i' Do#inion – ownership by the 6tate in that the 6tate

has control and administration;
o wnership by the public in eneral, in that
not even the 6tate or subdivisions
thereof may make them the object of
commerce as lon as they remain properties
for public use!
o )9amples( river, town pla7a
o Bepublic of the .hils  <at da De astillo; et al?B
/8115; ,une 01; 7844)9 -ere possession of land does
not by itself automatically divest the land of its public
character!

Three Jind o" Property o" P!+$i' Do#inion

1! *or public use 2 may be used by anybody &e!! roads,
canals'
.! *or  public serice 2 may be used only by
duly authori7ed persons &e!! national
overnment buildins, army riPes, army vessels'
 11

B! *or deelopment of national wealth &e!! natural .! Roid land decisions can be attacked collaterally!
resources' B! The action of the 6tate for reversion &of the
rivers' does not prescribe!
• )9amples of "others of similar character#(
1! %ublic streams • <haracteristics of %roperties of %ublic ominion
.! 4atural beds of rivers &a' utside the commerce of man; cannot be leased,
B! =iver channels donated, sold or be the object of any contract;
@! 0aters of rivers &b' <annot be acquired by prescription;
F! <reeks &c' <annot be reistered under the >and =eistration
L! +ll lands thrown up by the sea and formed by >aw and be the subject of a Torrens Title; &d'
accretion upon the shore by action of water <annot be levied upon by e9ecution, nor can be
A! >ands reclaimed from the sea by the overnment attached;
J! -anila 3ayKcoastal area inasmuch as it belons to &e' <an be used by everybody;
the state, and is used as a waterway &f' -ay be either real or personal property!
C! %rivate lands invaded by the waters and converted
into portions of the shore or beach • <ases(
1E!6treets, even when planted by persons o Mun of aite  Bo%as (01 .hil /15)9  6treets and
pla7as are outside the commerce of man, since
• Shore – that space alternately covered and uncovered they are properties for public use!
by the movement of the tide o ommonwealth  Meneses (04 O? 750; p 5048)9
o Bepublic of the .hils  <at da De astillo; et al =ivers are not subject to private appropriation! The
(?B /8115; ,une 01; 7844)9 6hores are properties law of prescription does not apply to them!
of the public domain intended for public use, and o ?obierno Insular  "aal (A) 1 O? (77th !) 7=;
therefore not reisterable!  p =89 +lthouh it is true that rivers and esteros are
• Torrent – that amount of water which in case of heavy not specically included in the list of those that could
rains athers deep places or canals where it not be reistered; still the intention of the law is
is supposed to Pow afterwards! plainly to prevent a usurpation of any part
o !antos  Moreno (<-7=458; Dec ; 78/6)9 :nder of public dominion, rivers and esteros included! H
+rt! @.E, canals constructed by the 6tate  Their inclusion in a certicate of title does not
and devoted to use are of public ownership; canals convert the same into properties of private
constructed by private persons within private lands ownership or confer title on the reistrant!
and devoted e9clusively for private use must be o Bepublic  Beyes (<-0//71; ,une 74; 786/)9  The
of private ownership!  Torrens system of reistration is not a means
o =ivers, whether naviable or not are properties of  of acquirin ownership over private or public land;
public dominion! it merely conrms and reisters whatever riht
or title may already be possessed or had by the
o Martine:  ourt of Appeals (<-07567; Apr 58; applicant!
786; =/ !BA /6)9 o Bepublic  Animas (<-06/45; Mar 58; 786)9 *orest
1! 4aviable rivers are outside the commerce lands as such cannot be reistered! The mere fact
of man, therefore cannot be reistered under that a person has a certicate of title over them is
the unavailin!
>and =eistration >aw!
 1.

o ufexis  Olaguera (05 .hil /=)9  The riht is • +ricultural lands may be sold to or acquired by
of public character and could not be bouht at private individuals or entities;
an auction sale! • wnership over minin and forest lands cannot be
o Insular ?oernment  Aldecoa (78 .hil =1=)9  The
transferred – leases may be had!
land produced by the action of the sea is of public
ownership and cannot therefore be acquired by C$%i&'%tion o" P!+$i' L%nd
any private person or entity inasmuch as same
• *orest and minin lands( properties of public dominion
belons to the state!
&third class'
o ?oernment  abangis (=0 .hil 7759  The
• P!+$i' %gri'!$t!r%$ $%nd  – those alienable portions
overnment owns the reclaimed land in the sense
that it has become property of public dominion; of the public domain which are neither timber or
0hen the overnment took steps to make it land mineral lands! (Alba da de Ba:  A; 07 !BA 0/)
aain, its status as public dominion remained o %art of public dominion before bein made
unchaned! available to the eneral public;
o  N M imber orp (M)  Alcala (40 !AD 0/ o 3ecomes patrimonial property of the 6tate after
(7886)9 Hevaluation of timber licenses and bei n made so available – subject
their consequent cancellation in the to prescription!
process of  o 3ecomes private property once acquired by
formulatin policies with reard to the utili7ation private individuals
of timber lands is a preroative of the o 3ureau of 'orestry; et al  A (?B 0688=; Aug 07;
e9ecutive department and in the absence of 7846)9 /t is the 3ureau of *orestry that has
evidence showin rave abuse of discretion courts the
will not interfere with the e9ercise of that discretion!  jurisdiction and authority over the demarcation,
o illarico  A (018 !BA 780 (7888)9   >and within protection, manaement, reproduction, occupancy
which the unclassied forest 7one is incapable and use of all public forests and forest reservations
of private appropriation, a forest land cannot be and over the rantin of licenses for the takin
owned by private persons, and possession thereof, of products therefrom, includin stone and earth!
no matter how lon, does not ripen into 99
a reistrable title! ne cannot claim to have obtained his title by
o Manila International Airport Authority (MIAA)  A prescription if the application  led by him
(8= !BA =87 (511/)9 The -/++ +irport >ands and necessarily implied an admission that the portion
3uildins constitute a "port,# constructed by the applied for is part of the public domain which
6tate! cannot be acquired by prescription, unless the law
e9pressly permits it! %ossession of forest land,
• P!+$i' L%nd – national domain under the >eislative however lon, cannot ripen into private ownership!
%ower of <onress as has not been subjected o Bepublic  A (?B 115; Mar 7/; 7846)9  Thus,
to private riht or devoted to public use; possession of forest lands, however lon, cannot
o Montano  Insular ?oFt (75 .hil =61)9  Hthat part ripen into private ownership! + parcel of forest land
is within the e9clusive jurisdiction of the 3ureau of 
of overnment lands which are thrown open
*orestry and beyond the power and jurisdiction
to private appropriation and settlement by
of the cadastral court to reister under the
homestead and other like eneral laws!
Torrens 6ystem!
• )9amples( minin, forest, aricultural lands
o >eirs of the <ate !pouses .edro ! .alanca and
!oterranea Bafols da De .alanca  Bepublic (=11
 1B

!BA 518 G511/H)9 %ublic forests are inalienable *orestry, and beyond the jurisdiction of the cadastral
public lands! court to reister under the Torrens system!

E3p$or%tion Per#it %re Stri't$y r%nted to Entitie or Dipoition +y P!+$i' 9idding

Indi0id!%$ Poeing the Reo!r'e %nd C%p%+i$ity o <adrera  !ecretary of Agriculture and "ational
to Kndert%<e Mining Oper%tion Besources (<-7004=; Apr 54; 78/1)9 /n every
o  Apex Mining o; Inc  !outheast Mindanao ?old public biddin the winner prejudices the loser; yet this
Mining orp 85 !BA 0== (511/)9   4onetheless, is no reason to disqualify him; that in itself is 4T bad
the 6tate may not be precluded from considerin a faith, for he is merely e9ercisin the riht to buy!
direct takeover of the mines, if it is only plausible
remedy in siht to the nawin comple9ities O*nerhip o" Ro#%n C%tho$i' Ch!r'he 
enerated by the so$called "old rush!# The E''$ei%ti'%$ Pro0in'e
o rinidad  Boman atholic Archbishop of Manila (/0 .hil
o0erning L%*- <ommonwealth +ct 1@1 447)9 The naked ownership of the ecclesiastical provinces
•  Uurisdiction( irector of >ands, subject to the control donated to the <hurch belons to the =oman <atholic
of the 6ecretary of +riculture <hurch; the use is for the worshippers!
• %reference of tenants in acquisition( /n accord with the
policy of the overnment of permittin tenants Ee't o" the Sep%r%tion o" Ch!r'h %nd St%te in the
of public aricultural lands to acquire by purchase or Phi$ippine
by homestead their respective landholdins! •  There is nothin that will prohibit the churches from
(.indangan alienatin any of the properties denominated in canon
 Agricultural o; Inc  Dans; et al; <-7=87; Apr 5=; law as holy or sacred!
78/5)
o Bepublic  Oct (<-744/6; Apr 01; 78//)9  6ec! L@&e' P!+$i' L%nd A't
of the =evised +dministrative <ode empowers the o 3racewell  A (?B 71656; ,an 5=; 5111 778 !AD
%resident to reserve alienable public lands for a 6)9 The %ublic >and +ct requires that the applicant must
specic public purpose or service, and under the prove( &a' that the land is alienable public land; and &b'
%ublic >and +ct, to release those reserved! that his open, continuous, e9clusive and notorious
o "5overnment lands#( 3roader in scope than that of  possession and occupation of the same must be since
%ublic >ands &merely part of overnment lands'; time immemorial or for the period prescribed in the
o  Those lands devoted to public use or public %ublic >and +ct!
service;
o %ublic lands before and after they are made P%rity Right A#end#ent o" )(>
available for private appropriation o  Ancheta  ?uersey2Dalayyon (81 !BA 71 (511/)9
o %atrimonial lands +rt! //, 6ecs! A and J of the 1CJA %hilippine <onstitution
e9plicitly prohibits non$*ilipinos from acquirin
Non4Con0erion into Pri0%te Property or holdin title to private lands or to lands of the
o  Adorable; et al  Director of 'orestry (<-70//0; Mar 5=; public domain!
78/1)9 Hpossession thereof &of public lands', however
lon cannot convert it into private property! 6uch portion
falls within the e9clusive jurisdiction of the 3ureau of 
 1@

Art. (2). A$$ other property o" the St%te; *hi'h i not name of the buyer, because the street has already been
o" the 'h%r%'ter t%ted in the pre'eding %rti'$e; withdrawn from public use, and accordinly has become
i p%tri#oni%$ property. patrimonial property!
o Mun of >inunang  Director of <ands (5 .hil 75=)9
• P%tri#oni%$ property – the property owned by +lthouh a fortress as such is property of
the 6tate but which is not devoted to public use, public dominion because it is for public service, still
public service, or the development of the national when it is no loner used as such, it does not
wealth! necessarily follow that the 6tate has lost ownership
• )9amples( over the same inasmuch as the property is now
1! *riar lands considered patrimonial, and therefore still belons to
.! 6an >a7aro )state the state!
B! %roperties obtained by the 5overnment in escheat
proceedins, or those inherited by or donated to the Dierent R!$e "or A+%ndoned Ri0er 9ed
overnment; rents of buildins owned by the 6tate • +n abandoned river bed belons not to the 6tate, but to
@! -unicipal$owned waterworks system the private land owner whose land is now occupied by
the chaned course, in proportion to the area lost!
A'B!iition o" P%tri#oni%$ Propertie thr! Pre'ription
• +rt! 111B( %atrimonial properties may be acquired Art. (2=. The property o" pro0in'e; 'itie; %nd
by private individuals or corporations thru #!ni'ip%$itie i di0ided into property "or p!+$i' !e
prescription! %nd p%tri#oni%$ property.

Art. (22. Property o" p!+$i' do#inion; *hen no $onger GRe'$%i#ed L%ndH
intended "or p!+$i' !e or "or p!+$i' er0i'e; h%$$ o hae:  .EA (10 !BA 7 G5110H)9  These are not plain
"or# p%rt o" the p%tri#oni%$ property o" the St%te. and simple patches of the earth as aricultural, timber, or
mineral lands are, in the full sense of bein products
Con0erion o" Property o" P!+$i' Do#inion to of nature, but are the result of the intervention of
P%tri#oni%$ Property- Entitie th%t #%y Ee't the man just like in the e9traction of mineral resourcesH
Ch%nge o hae:  .EA (7= !BA 10 G5110H)9  "reclaimed land
o 'austino Ignacio  Dir of <ands (<-758=4; May 01; does not fall under the cateory of natural resources
78/1)9 nly the e9ecutive and possibly the leislative which under the <onstitution are inalienable; it is
departments have the authority and power to make the statutory law which determines the status of reclaimed
declaration that any land so ained by the sea is not land; "submered lands# are owned by the 6tate and are
necessary for purposes of public utility, or for the inalienable;
establishment of special industries or for <oast 5uard  0hen the conversion activity such as co$production,
6ervice!  joint venture or production$sharin areements is
o Municipality of Oas  Boa (6 .hil 51)9 0hen a authori7ed by the 5overnment thru a law, the qualied
municipality no loner uses a public pla7a as such, and party to the areement may own the
instead constructs buildins thereon for storae converted product or part of it, when so provided in
of  the areement! /f there is any doubt as "to the object
overnment property, or for housin purposes, it is clear of the prestation in this case, the 6upreme <ourt
that the property has become patrimonial! opined that the Sinterpretation which would
o ebu Oxygen and Acetylene o; Inc  3ercilles (<- render the contract valid is to be favored!
16; Aug 58; 786=)9 The land can be reistered in the
 1F

&a' property for public use

Propertie o" Po$iti'%$ S!+di0iion Dacanay  Asistio; ,r (514 !BA 1 (7885)9 + public
(a) property for  public use( cannot be alienated as such, street is property for public use, hence, outside the
and may not be acquired by prescription! (Mun of Oas  commerce of man and may not be the subject of lease
Boa; 6 .hil 51) or of any other contract! The riht of the public to use
(b) patrimonial property9 may be alienated, and may be the city streets may not be barained away thru a
acquired by others thru prescription (Mun of Oas  contract!
Boa; supra@ Art 7770) &b' .atrimonial property
o .ro of amboanga del "orte  i ty of 
Don%tion +y the N%tion%$ o0ern#ent to %  amboanga; et al (<-51; Mar 54; 78/4)9  6tate
Po$iti'%$ S!+di0iion properties( properties for public service are
o Mun of atbalogan  Dir of <ands (76 .hil 57/)9  The of public dominion!
4ational 5overnment may donate its patrimonial  %roperties of provinces, cities, etc!( properties
property to a municipality, and the latter may own the for public service are patrimonial &since they are
same! 0hen thus donated, the property becomes either not for public use)
property for public use or patrimonial property,
dependin on the use iven to the property! 9%i o" the C$%i&'%tion- Ke
o ity of ebu  .adilla; et al (<-51080; ,an 01; 78/=)9 o !alas  ,arencio (<-58644; Aug 01; 7865)9  There bein
 The acquisition by a city of portions of public lands is no proof that the lot had been acquired by the <ity
subject to the rules and reulations issued by the with its own funds, the presumption is that it was
proper overnmental authorities, as well as the iven to it by the 6tate /4 T=:6T for the benet of the
subsequent approval of such acquisition by the irector inhabitants! =esidual control remained in the 6tate,
of >ands! and therefore the 6T+T) can lawfully dispose of the
lot!
Con0erion to P%tri#oni%$
• 0hen a municipalitys properties for public use are no • %roperties of provinces, cities, and municipalities may
loner intended for such use, the properties become also be classied into the followin(
patrimonial, and may now be the subject of a &a' +cquired with their own funds &in their private
common contract! or corporate capacity'( political subdivision has
ownership and control;
Art. (2(. Property "or p!+$i' !e; in the pro0in'e; &b' Those other than (a)( subject to the control and
'itie %nd #!ni'ip%$itie 'onit o" the pro0in'i%$ supervision of the state;
ro%d; 'ity treet; #!ni'ip%$ treet; the B!%re; o Ield by political subdivision in trust for the state for
"o!nt%in; p!+$i' *%ter; pro#en%de; %nd p!+ the benet of the inhabitants &whether
$i' overnmental or proprietary purpose'
*or< "or p!+$i' er0i'e p%id "or +y %id pro0in'e; o =eason( %olitical subdivision owes its creation to
'itie; or #!ni'ip%$itie. the 6tate!
A$$ other property poeed +y %ny o" the# i p
%tri#oni%$ %nd h%$$ +e go0erned +y thi Code; R!$e 7ith Repe't to Propertie "or P!+$i' Ke
*itho!t pre,!di'e to the pro0iion o" pe'i%$ $%*. o Mun of aite  Bo%as; 01 .hil /15)9 -ay not be
leased to private individuals!
Propertie in Po$iti'%$ S!+di0iion
 1L

o iuda de an oco  Mun ouncil of Iloilo (8 .hil =5)9 Art. (2:. Property o" pri0%te o*nerhip; +eide the
%roperties used by a municipal corporation in the p%tri#oni%$ property o" the St%te; pro0in'e; 'itie;
e9ercise of its overnmental powers cannot be %nd #!ni'ip%$itie; 'onit o" %$$ property +e$onging
attached or levied upon! to pri0%te peron; either indi0id!%$$y or 'o$$e'ti0e$y.
o Municipality of >inabangan; et al  Mun of &right; et 
al (<-75/10; Mar 5=; 78/1)9  The riht to settle Pri0%te Propertie Other th%n P%tri#oni%$- &a'
boundary disputes between municipalities is vested by individually or &b' collectively
law on the provincial board of the province
concernedH /f the provincial board fails to settle the Co$$e'ti0e O*nerhip
boundary dispute, the action if at all, would be one • Co$$e'ti0e$y – ownership by private individuals as co$
aainst said board, not an action for declaratory relief! owners; or by corporations, partnerships, or other
 juridical persons allowed by the <ivil <ode to possess
Ee't i" Pri0%te L%nd i Don%ted to % To*n %nd M%de and acquire properties!
into % P$%@% Ee't o" Poeion +y Pri0%te Peron
o >arty  Mun of ictoria (70 .hil 7=5)9 %rivate land o "alayan; et al  "alayan; et al (<-7=74; Aug 58;
donated to a town for use as a pla7a becomes 78/1)@ Oh ho  Dir of <ands (6= .hil 481)@ ario 
property for public use, and may not in turn be Insular ?oFt (575 J! 8)9 %ossession by private
donated by the town to the church, nor can the persons since time immemorial carries the presumption
church acquire ownership over it by prescription, for that the land had never been part of the public
a town pla7a is outside the commerce of man! domainH +n alleation to this eect is a su8cient
averment of private ownership!
N%tion%$ Propertie M%y Not 9e Regitered +y
% O*nerhip o" Ro%d
M!ni'ip%$ity Knder it O*n N%#e • =oads may either be public or property, dependin as
o Mun of igbawan  Dir of <ands (0= .hil 684)9 to where such roads are to be constructed &i!e! in a
%roperties of public dominion, owned by the national private or public property'!
overnment, even if planted upon with trees by a
municipality for a number of years, do not become Pri0%te L%nd 7ithin % Mi$it%ry one
municipal properties, and may not therefore be o Inchausti and o  ommanding ?eneral (/ .hil ==/)9
reistered by a municipality under its name! /f private lands of a person should lie within a military
7one, said lands do not necessarily become property
P%tri#oni%$ Property o" % M!ni'ip%$ Corpor%tion of public dominion &public service'!
•  The towns patrimonial property is administered, at
least insofar as liability to third persons is O*nerhip E0iden'ed +y % Torren Tit$e
concerned, in the same way as property of a private o  obel  Mercado (<-7=7=; May 5=; 78/1)9 /f there is
corporation! Ience, the town is not immune to suits any error in the Torrens title of a person in the sense that
involvin this kind of property! it includes lands belonin to the overnment, it is only
o  Alonso  ebu ountry lub; Inc (76 !BA 77= the overnment which can properly question that fact,
(5110)9 %ossession of patrimonial property of and a judicial pronouncement is necessary in order to
the 5overnment, whether spannin have the portion e9cluded from the Torrens title!
decades, or centuries, cannot ipso facto ripen
into ownership!
 1A

o !alamat da de Medina  ru: (?B 08565; May ; 4atural =esources, may desinate by proclamation any
7844)9 %ayment of land ta9 is not an evidence tractKs of land of the public domain as reservations for
of ownership of a parcel of land for which payment is the use of the =epublic or any of its branches, or for
made, especially when the parcel of land is covered quasi$public uses or purposes!
by a
 Torrens title in the name of another! PROVISIONS COMMON TO T5E T5REE PRECEDIN
o Metropolitan &aterwor+s N !ewerage !ystem  A (57= C5APTERS
!BA 640 (7885)9 + certicate is not conclusive
evidence of title if it is shown that the same land had Art. (2>. 7hene0er +y pro0iion o" the $%*; or
already been reistered and an earlier certicate for the %n indi0id!%$ de'$%r%tion; the e3preion
same is in e9istence! “i##o0%+$e thing or property”; or “#o0%+$e thing
or property”; i !ed; it h%$$ +e dee#ed to in'$!de;
A'B!iition +y A$ien repe'ti0e$y; the thing en!#er%ted in Ch%pter ) %nd
o rien+o  Begister of Deeds9 +n alien has had no riht to in Ch%pter 2.
acquire since the date of eectivity of the %hilippine 7hene0er the *ord “#!e+$e”; or “"!rnit!re”; i
<onstitution, any public or private !ed %$one; it h%$$ not +e dee#ed to in'$!de #oney;
aricultural, commercial, or residential lands &e9cept 'redit; 'o##er'i%$ e'!ritie; to'<; %nd +ond;
by hereditary succession'; the same rule  ,e*e$ry; 'ienti&' or %rtiti' 'o$$e'tion; +oo<;
applies to a forein corporation, even if it be a #ed%$; %r#; '$othing; hore or '%rri%ge %nd their
reliious and non$stock forein corporation! %''eorie; gr%in; $iB!id %nd #er'h%ndie; or other
o Jng !ui !i emple  Beg of Deeds (<-/66/; May 57; thing *hi'h do not h%0e % their prin'ip%$ o+,e't the
78==)9 This is not contrary to reliious freedom because "!rnihing or orn%#enting o" % +!i$ding; e3'ept *here
the ownership of real estate is not essential for the "ro# the 'onte3t o" the $%*; or the indi0id!
e9ercise of reliious worship! %$ de'$%r%tion; the 'ontr%ry '$e%r$y %ppe%r.
o Beg of Deeds of Manila  hina 3an+ing orporation (<-
778/; Apr 54; 78/5)9  The constitutional prohibition
aainst the acquisition of land by aliens is +36>:T)!
 Thus, the transfer of ownership over land in favor
of aliens is not permissible in view of the constitutional
prohibition!
o Bepublic  ri-.lus orp; =1= !BA 7 (511/)9
+pplicants for conrmation of imperfect title must prove
the followin(
1! the land forms part of the alienable and disposable
aricultural lands of the public domain; and
.! they have been in open, continuous e9clusive and
notarious possession and occupation of the same
under a bona de claim of ownership either since
time immemorial or since Uune 1., 1C@F!
o Bepublic  !outhside >omeowners Assn; Inc (=15
!BA =46 G511/H)9  The %resident, upon
the recommendation of the 6ecretary of )
nvironment and