LESSON 2: MOVABLE PROPERTY

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U.S. v. Carlos, 21
Phil 553
[electricity]

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PLDT v. Alvarez,
718 SCRA 14
[telephone
service]
Salas v. Jarencio,
46 SCRA 734
[State property]
Republic v. Tri-Plus
Corp., 503 SCRA
91
[reclassification]
Manila
International
Airport Authority
v. Pasay, 583
SCRA 234 [port]
Chavez v. PEAAMARI, 384 SCRA
152, 415 SCRA
403 [submerged
lands]
Republic v.
Paraaque, 677
SCRA 246
[reclaimed land]
Santos v. Moreno,
21 SCRA 1141
[canals]
Hilario v. City of
Manila, 19 SCRA
[river bed, river
bank]
Dacanay Jr. v.
Asistio, 208 SCRA
404 [outside the
commerce of
man]
Insular
Government v.
Aldecoa, 19 Phil
505 [prescription]
Manila
International
Airport Authority
v. CA, 495 SCRA
591 [foreclosure]
Cebu Oxygen &
Acetylene Co. v.
Bercilles, 66 SCRA
481 [contract]
Laurel v. Garcia,
187 SCRA 797
[embassy
property]
Zamboanga Del
Norte v.
Zamboanga City,
22 SCRA 1334
[special law]

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Electricity is no longer, as formerly, regarded by electricians as a fluid, but its manifestation and
effects, like those of gas, may be seen and felt. The true test of what can be stolen is not whether the
subject is corporeal, but whether it is capable of appropriation by another than the owner. Like gas,
electricity is a valuable article of merchandise, bought and sold like other personal property and is
capable of appropriation by another.
*(Paras, used electricity as an example of a deemed personal property under Art. 416 (3) of the Civil
Code)
The Court ruled that international long distance calls and the business of providing telecommunication
or telephone services by PLDT are not personal properties that can be the subject of theft.
Municipal lands are owned by the State and are only held by the municipalities as a usufructuary right.
1.) The classification and reclassification of public lands into alienable or disposable, mineral or forest
land is the prerogative of the Executive Department. 2.) Public lands not shown to have been
reclassified or released as alienable agricultural land or alienated to a private person by the State
remain part of the inalienable public domain.
1.) Term ports x x x constructed by the State in Art. 420 includes airports and seaports. 2.) Airport
land and buildings are devoted to public use and are properties of public dominion. Hence, exempt from
Real Property Tax under Sec 234 of LGC.
1.) Submerged and foreshore lands reclaimed by the gov't even if not employed for public use or public
service, if developed to enhance the national wealth, are classified as property of public dominion. 2.)
There must be legislative authority empowering PEA to sell these lands.
Reclaimed lands are reserved lands for public use. They are properties of public dominion. The
ownership of such lands remain with the State unless they are withdrawn by law or presidential
proclamation from public use
Under Article 339 of the Spanish Civil Code, canals constructed by the State and devoted to public use
are of public ownership. Conversely, canals constructed by private persons within private lands and
devoted exclusively for private use must be of private ownership.
1.) The three elements of a river are it's bed, running waters and banks. In general, rivers are of public
ownership so it follows that all its elements are also fall under the scope of public ownership.
Property which are outside the commerce of man cannot be a subject of any lease of licenses. Public
streets are outside the commerce of man. The right of the public to use the city streets may not be
bargained away through contract.
The shores and the lands reclaimed from the sea, while they continue to be devoted to public uses and
no grant whatever has been made of any portion of them to private persons, remain a part of the public
domain and are for public uses. Such shores and lands are not susceptible of prescription, as they do
not pertain to the commerce of men.
The Airport Lands and Buildings of the MIAA cannot be the subject of foreclosure, encumbrance, or
auction sale. It is part of public dominion ("ports" under Art. 420). Moreover, it is outside the commerce
of men. UNLESS the President issues a proclamation withdrawing the ALBs
from public use, the same remains as properties of public dominion and
are INALIENABLE.
Under Art. 422 of the NCC, property of public domain when declared as no longer intended for public
use becomes part of the patrimonal property of the state - which can be the subject of a contract
1) A property will continue to be a public dominion until there is a formal declaration of the government
to withdraw it from being such. 2) Abandonment must be a certain and positive act based on correct
legal premises. Any such conveyance must be authorized and approved by a law enacted by the
Congress. It requires executive and legislative concurrence.
The classification of municipal property devoted for governmental purposes as public should prevail
over the Civil Code classification.