PROPERTY

WHAT IS PROPERTY? FROM THE VIEWPOINT OF OWNERSHIP

 Any physical or real, juridical and legal entity  Property of public dominion
being capable of becoming the subject matter  Property of private ownership
or object terminus of a juridical relation
o Object for a validity of contract REAL PROPERTY
o Can be appropriated
 “Proprius”-belonging to one’s own Article 415. The following are immovable property:
(1) Land, buildings, roads and constructions of
 ONLY to things which are already possessed
all kinds adhered to the soil;
and found in possession of man
(2) Trees, plants, and growing fruits, while they
are attached to the land or form an integral part
WHAT IS A THING?
of an immovable;
 Any object that exists and is capable of
(3) Everything attached to an immovable in a
satisfying human needs
fixed manner, in such a way that it cannot be
o Includes those which are already
separated therefrom without breaking the
possessed or owned and those that are material or deterioration of the object;
susceptible of appropriation (4) Statues, reliefs, paintings or other objects for
 Not all kinds of things are property; all kinds use or ornamentation, placed in buildings or on
of property are things lands by the owner of the immovable in such a
manner that it reveals the intention to attach
REQUISITES OF PROPERTY (U-S-A) them permanently to the tenements;
 UTILITY (5) Machinery, receptacles, instruments or
o It can serve to satisfy humamn needs implements intended by the owner of the
 SUBSTANTIVITY tenement for an industry or works which may
o Has separate or autonomous be carried on in a building or on a piece of
existence land, and which tend directly to meet the
 APPROPRIABILITY needs of the said industry or works;
o Can be a subject of appropriation (6) Animal houses, pigeon-houses, beehives,
o Not included: those which are not fish ponds or breeding places of similar nature,
capable of human control in case their owner has placed them or
o Those which are outside the preserves them with the intention to have them
commerce of man permanently attached to the land, and forming
a permanent part of it; the animals in these
places are included;
Article 414. All things which are or may be the (7) Fertilizer actually used on a piece of land;
object of appropriation are considered either: (8) Mines, quarries, and slag dumps, while the
(1) Immovable or real property; or matter thereof forms part of the bed, and
(2) Movable or personal property. (333) waters either running or stagnant;
(9) Docks and structures which, though
floating, are intended by their nature and
MOVABLE/ PERSONAL PROPERTY object to remain at a fixed place on a river,
lake, or coast;
 Those which can be transferred from one
(10) Contracts for public works, and servitudes
place to another
and other real rights over immovable property.
 Arts 415-417
 Prescription: 4-8 years

IMMOVABLE/REAL PROPERTY
JURIDICAL CLASSIFICATION OF REAL
 Those which cannot be transferred from
PROPERTIES
place to place without destruction itself
 BY NATURE
 Arts 418
o By their nature cannot be moved from on
 Prescription: 10 or 30 years
place to another
o Lands and roads (Par. 1, Art. 415)
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 o Mines, quarries and slug dumps (Par. 8,
Art. 415)
 BY INCORPORATION ARTICLE 415 (2)
o Must be substantial and not provisional  TREES AND PLANTS
o Separation from the immovable may o While attached, considered as
cause damage or detetioration immovable property
o W/N it will cause damage when removed o Immovable due to their incorporation to
o Is the person who introduced it importan? the sould or because they form an
o Examples: integral part
 Constructions adhered to the soil  GROWING FRUITS
(Par. 1, Art. 415) o Considered as real as long as they are
 Trees, plants and growing fruits ATTACHED TO THE SOIL
(Par. 2, Art. 415) o May exceptionally be treated as personal
 Attached to an immovable in the purusuant to Art. 416(2) – for the purpose
manner provided (Par. 3, Art. 415) of sale
 Par. 7
 BY DESTINATION ARTICLE 415(3)
o Essentially movable, but by the purpose  Everything attached to an immovable in a
for which they have been place in an fixed manner
immovable o Immovable by incorporation
o Pars.4-6 and 9 of Art. 415 o Cannot be separated therefrom without
o KINDS breaking the material
 Machineries/Equipments o Need not to be attached by the owner
 Ornaments
o ELEMENTS ARTICLE 415(4)
 Owner introduced it  “Statutes, reliefs, paintings or other
 Necessary to the trade or industry, objects used for ornamentation”
or even if not necessary there is the o REQUISITES:
intention of attaching the property  Must be placed in the buildings or
permanently on lands by the owner of the
 BY ANALOGY immovable or by his agent
o Immovable by analogy or law  They are placed there in a manner
o Contracts for public works that it reveals the attention to be
attached permanently
ARTICLE 415 (1) o AS COMPARED TO PAR. 3
 LANDS AND ROADS  Incorporation: Par 4-made by
o Always immovable (by nature) owner; Par 3-immaterial
 BUILDINGS  Separation: Par 3- impossible;
o Classified as immovable by its Par4-possible w/o deterioratin of
the immovable or destruction of the
adherence to the soil
material
o Adheres to the land and not merely
superimposed in the soil
ARTICLE 415(5)
o Once the house/building is demolished,
 “Machineries, receptacles, instruments or
it may not be considered as immovable
implements…”
o DISTINCT from the land on which it is
o REQUISITES:
constructed and therefore can be a
 Must be machinery, receptacles,
subject of a separate contract
instruments or implements
 CONSTRUCTIONS ADHERED TO THE  Must be placed by the owner of the
SOIL tenement or by his agent
o Must be attached permanently to the  There must be an industry or work
land carried in such building or on the
o FIXED OR INTEGRAL not temporary piece of land

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  They must tend directly to the o Real property tax code does not define
needs of said industry or work what real property is but simply says
the realty tax imposed on real property

ARTICLE 415(6)
 “Animal houses, pigeon-houses, etc…” PERSONAL PROPERTY
o Immovable by destination
o Need not to be attached by the owner NO PRECISE DEFINITION
o MUST BE ATTACHED TO SOIL and  Code simply enumerates what are to be
MUST BE OF PERMANENT considered as personal property
CHARACTER  If not included in Art. 415, then it is
 Animals included considered as personal property
o Animals inside houses, pigeon houses,
etc are considered as real property KINDS
o XPN: Art 416- real property w/c by any  By nature
provision of the law is considered as  By analogy
personal property
 Fish in fish ponds-considered WHY IS THERE A NEED FOR DISTINCTION
personal property for purposes of  CREDIT TRANSACTIONS
theft o If you want to obtain loan and you give
yout house to the creditor as collateral,
ARTICLE 415 (7) that is REAL ESTATE mortgage
 “FERTILIZER” o If you give your car as collaterla, that is
o Immovable by incorporation CHATTEL mortgage
o MUST BE USED ON THE LAND  CRIMINAL LAW
o Theft is unlawful taking of personal
ARTICLE 415 (8) property with intent to gain
 MINES, QUARRIES, SLAG DUMPS o If real property is taken, it is considered
o Immovable property as long as as unlawful detainer or usurpation
unsevered from the soil  TAXATION
o Once separated; no longer considered o Tax on land is REAL ESTATE tax
mindsbut minerals (PERSONAL NA)
 WATERS
o Either runnig or stagnant BY NATURE
o Found in their natural beds Article 416. The following things are deemed to be
personal property:
ARTICLE 415 (9) (1) Those movables susceptible of appropriation
 DOCKS AND STRUCTURES which are not included in the preceding article;
o Considered as immovables; though (2) Real property which by any special provision
floating, as long as they are intended of law is considered as personalty;
tby their nature and object to remain at (3) Forces of nature which are brought under
a fixed place on a river, lake or coast control by science; and
(4) In general, all things which can be
ARTICLE 415(10) transported from place to place without
 RIGHTS AS PROPERTY impairment of the real property to which they are
o Provided it is patrimonial in nature fixed. (335a)
o Depends on subject matter
o REAL- when it is an action in
rem/against the whole world ARTICLE 416 (3)
o PERSONAL-with a passive subject,  Forces of nature in their original state are ano
action in personam ordinarily subect to appropriation because of
the degree of difficulty in appropriating them
TAX x REAL PROPERTY
 Which law shall govern-tax or civ code?
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  However, if these forces are brought under o Movable which can be used in a manner
the control of man through science then it is appropriate to its nature without itself
considered as personal property being consummed
 Example: gas and electricity
HOW TO DETERMINE CONSUMMABILITY
ARTICLE 416 (4) (DEAN LR)
 Vessels  Is there a reduction or decrease in the
 Machineries for used in an industry which are quantity?
not placed on the tenement by the owner and  Is there physical destruction of the property?
not attached in a fixed manner  Is there deterioation of the thing?

FUNGIBLE and NON-FUNGIBLE

BY ANALOGY  DIFFERENCE WITH CONSUMMABLES
Article 417. The following are also considered as o Consummables- basis of classification if
personal property: the nature of the corporeal object
(1) Obligations and actions which have for their o Fungible- basis is the intention of the
object movables or demandable sums; and parties
(2) Shares of stock of agricultural, commercial  FUNGIBLE
and industrial entities, although they may have o Property that can be replaced by another
real estate. (336a) property of the same kind or quality

ARTICLE 417(1)
 PERSONAL RIGHT=PERSONAL PROP
 Every obligation creates a personal right on PROPERTY IN RELATION TO THE PERSON
part of the creditor to demand for its fulfillment TO WHOM IT BELONGS
of performance
 Chose in action- personal property; intagible
Article 419. Property is either of public dominion or
right
of private ownership. (338)
ARTICLE 417(2)
 Personal property although they may have
PRIVATE OWNERSHIP
real estate
 Owned by private persons, whether natural or
juridical
Article 418. Movable property is either consumable  Can be acquired by acquisitive prescription
or nonconsumable. To the first class belong those
movables which cannot be used in a manner PUBLIC PROPERTIES
appropriate to their nature without their being  PUBLIC DOMINION
consumed; to the second class belong all the o Inalienable
others. (337) o Owned by the government
o Regalian Doctrine
o Outside the commerce of men
CONSUMABLE v. NON-CONSUMABLE  PATRIMONIAL
 Applies only to personal property o Owned by state in its private capacity
 Does not paply to all kinds of personal o Proprietary
property but only those which are corporeal in o May be alienated
nature
 CONSUMMABLE Article 420. The following things are property of
o Movable which cannot be used in a public dominion:
manner appropriate to its nature without (1) Those intended for public use, such as roads,
itself being consumed canals, rivers, torrents, ports and bridges
 NON-CONSUMMABLE constructed by the State, banks, shores,
roadsteads, and others of similar character;
(2) Those which belong to the State, without

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 being for public use, and are intended for some o When the sea advances and private
public service or for the development of the properties are invaded by the waves, the
national wealth. (339a) properties so invaded become part of the
shore or beach –the pass to the public
domain
KINDS OF PROPERTY OF PUBLIC DOMINION  FORESHORE LANDS
PERTAINING TO THE STATE o Strip of land that lies between the high
 For public use and low watermarks and is alternatively
 Intended for public service wet and dry according to the flow of tides
 Intended for development of national wealth  LAKES
PUBLIC OWNERSHIP v STATE OWNERSHIP o Part of public domain unless developed
 PUBLIC OWNERSHIP by a private person on private lands
o Owned by the public in general  OTHERS
o Purpose: serve the state as a juridical o Creeks
purporse o Reclaimed lands of public estates
o Intended for the common and public authority
welfare o Military Reservations
o Cannot be appropriated
o Can be used indiscriminately by anyone ARTICLE 420 (2)
 STATE OWNERSHIP  Cannot be used as anyone, only those
o Properties held by the State under the authorized by proper authority
regalian doctrine  Example: Roppongi Property in Japan (Phil.
o Article 12, Sec. 2 of the 1987 Constitution Embassy)

ARTICLE 420 (1) PROPERTY FOR THE DEVELOPMENT OF

 Enumeration of properties of public dominion NATIONAL WEALTH
intended for public use  All lands not otherwise appearing to be
 ROADS clearly within private ownership are
o National highways and roads constructed presumed to belong to the state
and maintained by the government  NATURAL RESOURCES
throug the DPWH o Fishponds
o Municipal roads and streets –Art 424 o Watershed Reservation
 CANALS o Submerged Lands
o Artificial waterway, drainigage, irrigation  LANDS OF PUBLIC DOMAIN
or navigation
o No private person has a right to usurp Article 421. All other property of the State, which is
protection of a watercourse unless it shall not of the character stated in the preceding article,
have been proved that he constructed is patrimonial property. (340a)
the same within the property of his own
exclusive ownership PATRIMONIAL PROPERTY
 RIVERS  Considered as property of the State in a
o Includes running water, the bed and the private sense
banks  State has the same rights and has the same
o Natural bed- the ground covered by its power of disposition as private individuals
waters during the highest floods subject of course to rules and regulations
 PORTS  Examples
o Refers to seaports and airports o Friar Lands- lands acquired by the gov’t
o MIAA Airport Lands-port constructed by from religious corporations or orders
the State o Alienable and Disposable Lands of public
 SHORES domain
o Space which is alternatively covered and o Lands Covered by R.R. 7227
uncovered by water with the movements  Disposition of Patrimonial Property
of the tides

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 o Any conveyance of real property falling o Others not mentioned
under the patrimonial property of the
State must be authorized and approved PROPERTY FOR PUBLIC USE OF POLITICAL
by a law enacted by Congress SUBDIVISIONS
 Governed by the same principles of property
under public domain
o Outside the commerce of man
o Cannot be acquired by prescription
o Not subject to attachment and
execution
o Cannot be burdened by any voluntary
easement

Article 422. Property of public dominion, when no

longer intended for public use or for public service, Article 425. Property of private ownership, besides
shall form part of the patrimonial property of the the patrimonial property of the State, provinces,
State. (341a) cities, and municipalities, consists of all property
belonging to private persons, either individually or
collectively. (345a)
CONVERSION FROM PUBLIC DOMINION TO
PATRIMONIAL PROPERTY PRIVATE PROPERTY
 Art 422 does not address who has the  May belong to the State, to provinces, cities
authority to effect such conversion and neither and municipalities or may belong to private
does it set out or refer any procedure for such individuals
conversion  PATRIMONIAL- private property belonging to
 No specific formula or procedure of State
conversion is provided  PRIVATE OWNERSHIP-owned by private ppl

Article 423. The property of provinces, cities, and

municipalities is divided into property for public use Article 426. Whenever by provision of the law, or
and patrimonial property. (343) an individual declaration, the expression
"immovable things or property," or "movable things
Article 424. Property for public use, in the or property," is used, it shall be deemed to include,
provinces, cities, and municipalities, consist of the respectively, the things enumerated in Chapter 1
provincial roads, city streets, municipal streets, the and Chapter 2.
squares, fountains, public waters, promenades, and
public works for public service paid for by said Whenever the word "muebles," or "furniture," is
provinces, cities, or municipalities. used alone, it shall not be deemed to include
money, credits, commercial securities, stocks and
All other property possessed by any of them is bonds, jewelry, scientific or artistic collections,
patrimonial and shall be governed by this Code, books, medals, arms, clothing, horses or carriages
without prejudice to the provisions of special laws. and their accessories, grains, liquids and
(344a) merchandise, or other things which do not have as
their principal object the furnishing or ornamenting
CLASSIFICATION OF PROPERTIES OF of a building, except where from the context of the
POLITICAL SUBDIVISIONS law, or the individual declaration, the contrary
 FOR PUBLIC USE clearly appears. (346a)
o Provincial roads, city, streets, municipal
streets, squares, fountains , public
waters, promenades, and public works
for public service paid for by said
provinces, cities or municipalities
 FOR PATRIMONIAL PROPERTY

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