Carla Joy Verceles 2K San Beda Law

Art 414 - one which cannot be transferred from

Concept of Property place to place without destruction to itself
- it is an obj or a right which is APPROPRIATED or (ex. concrete building)
SUSCEPTIBLE OF APPROPRIATION by man b. As To Ownership
- with capacity to satisfy human wants and needs - Prop of Public Dominion
- It is anything which is of pecuniary value to its - property pertaining to the State and
possessor intended for pub use, pub service and for
- ex. The right to office though not a vested right, development of natl wealth
in a technical sense is prop. Office may be - Prop of Private Ownership
considered as prop in controversies relating to - all prop belonging to private persons either
the question as to which of two persons is individually or collectively
entitled thereto - includes PATRIMONIAL PROP - prop of
- ex. right of a person to his labor is deemed a the State not intended for pub use, pub
prop w/in the meaning of constitutional service and for development of natl wealth
guaranties bec it involves his means of c. As To Alienability
livelihood and a person cannot be deprived of - Alienable Prop
his labor or work without due process of law - prop which could be the obj of juridical
- property (under due process clause) transactions (ex. private lands)
- includes the right to hold, occupy and - Inalienable Prop
exercise an office - prop which could not be the obj of juridical
transactions (ex. public parks)
Concept of Thing d. As To Individuality
- refer to existing obj which can be of some use to man - Specific Property
- one which is fixed, definite and individually
Concept of Appropriation identified (ex. house located at X city)
- act of taking a thing for ones own use - Generic Property
- Equivalent to occupation - one which is indicated by its homogeneity
- physical seizing of corporeal things which have or its class (ex. horse w/o specifying which
no owner with the intention to acquire their one)
ownership e. As To Susceptibility to Touch
- Tangible Prop
Distinction bet Things and Prop - one which could be physically touched and
Thing has physical existence whether real or
- broader in scope personal prop (ex. jewellery)
- not all things are property - Intangible Prop
- refer to obj that exist inc those which could not be - one which could not be physically touched
appropriated by man (ex. stars) (ex. credit)
- involves only corporeal objects f. As To Susceptibility of Substitution
- Fungible Prop
Property - prop which belongs to a common genus
- all kinds of property are things permitting its substitution (ex. sugar)
- refers to obj already possessed by man or are in their - Non Fungible Prop
possession - prop which is specified and not subj to
- refer to intangible matters like rights and credits substitution (ex. specific house)
g. As To Accession
**Under Art 414 it is obvious that things become - Principal Property
movable or immovable if THEY ARE or MAY BE THE - prop to which other prop is incorporate as
OBJ OF APPROPRIATION an ornament or for the perfection or use of
- If the things are beyond human control or the first
appropriation - Accessory Property
- they do not qualify as property - prop which has been united as an
ornament to or for the use or perfection of
Classification of Things another property
1. Res Communes - things which belong to everybody
(ex. air) Other Classification of Prop
2. Res Alicujus - things which are owned by a person a. Mixed Prop
or group of persons (ex. cars) - prop which is personal in its essential nature but is
3. Res Nullius - things which do not have any owner invested by law with certain char and features of real
(ex. sharks in the oceans) prop (ex. heirlooms, fixtures and titles to land)
b. Qualified Prop
Classification of Property - prop in chattels which is not in its nature permanent
a. As To Mobility but may at some times subsist and not at other times
- Movable / Personal Prop - ownership is not absolute (ex. wild animals caught by
- one which can be transferred from place to man and which are his so long as he retains
place w/o being destroyed (ex. chairs) possession of them)
- Immovable / Real Prop c. Mislaid Prop
Carla Joy Verceles 2K San Beda Law
- prop which the owner has voluntarily parted with, with
the intention of retrieving it later but which cannot now
be found
- does not include intentionally hidden prop
d. Special Prop
- prop of a qualified, temporary or limited nature (ex.
the prop a bailee in the art bailed)
Attributes of Property
1. Susceptible of Appropriation
2. Significance lies in its capacity to satisfy moral or
economic needs
3. It has individuality on it own
- it has separate and autonomous existence
- ex. human air is not prop until it is cut
Rights Considered as Prop
- in the juridical sense
- things include both CORPOREAL OBJECTS
and RIGHTS
- only PATRIMONIAL RIGHTS can be considered
as things
- NON PATRIMONIAL RIGHTS cannot be
considered as things (ex. right to liberty, right to
life, family rights)
Classes of Rights Considered as Property
1. Real Right
- power belonging to a person over a specific
thing w/o a passive subj individually determined
against whom such right may be personally
exercised
- can be exercised against the WHOLE WORLD
2. Personal Rights
- power belonging to one person to demand of
another as a definite passive subj the fulfilment
of a prestation to give, to do or not to do
- can be exercised against the obligor
Art 415
Juridical Classification of Immovable Properties
a. Immovable by Nature
- those prop which cannot be moved from one
place to another
- ex. lands, trees, mines, quaries
b. Immovable by Incorporation
- those prop which are basically movables /
transferrable but are permanently attached to an
immovable
- ex. statues, reliefs, painting placed on bldgs
c. Immovable by Destination
- those which are basically movables but having
ben fixed in immovable prop for business or
functions of the owner of the immovable prop
- they partake of the nature of the latter
- ex. machinery or instrument placed in a building
to meet the needs of the industry or worlds of
the owner go the said building
d. Immovable by Analogy
- those prop which are not actually tangible prop
but are rights and interest over existing
immovable prop
- they are considered immovables for
convenience in dealing with them as they are
inseparable from the immovables from which
they arise
- ex. easements over an immovable, usufruct
over an immovable
List of Immovable or Real Prop
1. Land, buildings, roads and constructions of all kinds
adhered to the soil
- Land
- by its very nature is immovable prop
- it is always immovable or real prop
- if a soil is taken from the land it becomes
personal prop but once it is used in the
land it becomes immovable again
- Buildings
- permanent structures adhering to the land
whether built in ones own land or on a
rented land
- a structure merely superimposed on land
(ex. bahay kubo) is not a real prop
- materials saved in a demolished house -
personal prop
- building BY ITSELF is another immovable
prop
- the mortgage of a building is a real estate
mortgage and not a chattel mortgage
- a building may be mortgaged separately
from the land
- CAN A HOUSE BE THE OBJ OF A
CHATTEL MORTGAGE?
- YES. In the presence of 2 conditions
1. Parties must mutually agree to
consider the house as personalty
2. No innocent third person shall be
prejudiced
- Constructions of All Kinds Adhered to the Soil
- structures adhered to the soil more or less
permanently
- ex. fence made of adobe stones
2. Trees, plants, and growing fruits, while they are
attached to the land or form an integral part of an
immovable
- Trees
- by their nature are immovable bec they are
not to be move from one place to another
- the moment they are cut or uprooted they
become personal prop because they
ceased to be adhered to the soil
- If they are just bent to the ground but the
roots remain imbedded in the ground it is
still considered real prop
- Plants
- by incorporation are immovable prop
- plants on pots used for ornamentation are
personal prop bec pots could be moved
from place to place
- Growing Crops (Standing Crops)
- considered real prop by incorporation as
long as they had not been gathered yet
- if they are harvested it is considered
personal prop even if still lying on the
riceland
- they can be the subj of chattel mortgage by
express provision of law
Carla Joy Verceles 2K San Beda Law
3. Everything attached to an immovable in a fixed
manner, in such a way that it cannot be separated
therefrom without breaking the material or
deterioration of the object
- Res Vinta
- immovables by incorporation and not by
nature, destination or by analogy
- when separated from the immovable they
regain their condition as movable prop
- ex. ceiling fans attached to a ceilings
- ex. towers can be separated from the
ground w/o breaking or causing
deterioration upon the obj which they are
attached
- ex. storage tanks of an electric company
installed on land leased from refinery are
subj to realty tax
- ex. machinery of breweries utilised in the
liquor and soft drinks manufacturing
though movable in nature are immobilised
by destination being essential to said
industry
4. Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by
the owner of the immovable in such a manner that it
reveals the intention to attach them permanently to
the tenements
- Intention to Attach Permanently
- statue, relief (piece of sculpture), painting
or other obj for use or ornamentation must
be placed in the land or the building with
the INTENTION to ATTACH THEM
- these are immovables by incorporation and
destination
- Gen they can be removed from the
immovable w/o destruction
- ex. statue of Jose Rizal placed
permanently in a courtyard
- Persons Responsible For the Attachment
- one who placed the statue etc must be the
OWNER of the LAND or BUILDING or his
REPRESENTATIVE or AGENTS
- If attached by a mere tenant the obj
remains a personal prop
- When the obj was placed by a lessee of the land
or building with the stipulation that the obj shall
remain in the immovable prop upon termination
of the lease contract
- the obj becomes immovable for the lessee
is considered an agent of the owner of the
tenement
5. Machinery, receptacles, instruments or implements
intended by the owner of the tenement for an
industry or works which may be carried on in a
building or on a piece of land, and which tend
directly to meet the needs of the said industry or
works
- Machinery etc must be intended by the owner of
the tenement for an industry or works carried in
the land or in a building and which are
necessary for the pursuit if the said industry or
works
- The moment these obj are separated from the
land or building or from the industry or works
- they regain back their condition as
personal property
- Additional machines installed by the owner
- considered real prop
- they are considered included in the real
estate mortgage of the lands constituted
on the said land
- Machinery and equipment attached by the
owner of the tenement in a fixed manner
- necessary to meet the needs of the
industry or works of the owner
- to remove them it is necessary to unbolt
them and cut their wooden supports are
REAL PROP and cannot be subj to
replevin
- Machines although each of them was movable
and personal prop on its own
- all of them have become immobilised by
destination bec they are essential and
principal elements in the industry
- When machinery etc are installed in a tenement
or land by the lessee
- Gen rule: these machinery etc are
personal or movable pro
- Immobilisation by destination cannot be
made by a person whose possession
over the land or tenement is merely
temporary
- Otherwise, there will be a presumption
that he intended to give away the
property permanently in favour of the
lessor
- Exception: if the lessee agreed to give the
machinery etc to the lessor upon the
termination of the lease these machinery
etc shall be considered immovable prop
- contracting parties may validly stipulate that a
real prop be considered as personal after
agreeing to such stipulation
6. Animal houses, pigeon-houses, beehives, fish ponds
or breeding places of similar nature, in case their
owner has placed them or preserves them with the
intention to have them permanently attached to the
land, and forming a permanent part of it; the animals
in these places are included
- Animal houses when adhered to the soil
permanently are immovable prop bec they fall
under the phrase constructions of all kinds
adhered to the soil
- Beehives when purposely constructed and
attached to the ground or on another immovable
(ex. tree)
- Fishponds and other similar breeding places
- CONSIDERED IMMOVABLE PROP if the
owner of the land or tenement intended
them to be permanent
- Animals in the Animal House, Pigeons in the
Pigeon Houses, Bees in the Beehives and Fish
in the Fishpond
- included and constructed part of the
immovable prop
- the moment the fishes are gathered from
the fishpond it is considered PERSONAL
PROP bec the fish ceased to be part of the
fishpond or breeding place once extracted
- animals that had escaped from the animal
houses ceased to become part of the
immovable but if they are out temporarily
they remain part of the immovables
Carla Joy Verceles 2K San Beda Law
- cages for parrots and other domesticated
birds hanging on houses are not realty bec
they can be moved from place to place
7. Fertilizer actually used on a piece of land
- this is movable or immovable depending upon
its present condition
- If it is still inside the sack or container
- it is still movable or personal prop
- The moment it is spread or applied in the soil
- it becomes immovable by destination and
incorporation
- once it is permeated in the soil it cannot be
removed from it anymore w/o scraping the
soil
8. Mines, quarries, and slag dumps, while the matter
thereof forms part of the bed, and waters either
running or stagnant
- By their nature, mines, queries and slag dumb
are immovable prop
- Mines
- mineral lands where excavations are done
to extract minerals
- minerals found in these mines, when still
attached thereto are REAL PROP and after
extraction the mineral becomes chattels
- Quarries
- lands where stones are chipped of and
where sand is being extracted
- Stones and sand are considered REAL
PROP and once extracted they become
movables
- Slag Dumps
- waste and dirt taken from a mine and
mounted on the surface of the ground
under excavation
- minerals are sieved from these slag dumps
- Running or Stagnant Waters
- refer to waters still running through the soil
or ground in mines and quarries
9. Docks and structures which, though floating, are
intended by their nature and object to remain at a
fixed place on a river, lake, or coast
- Docks
- wharves or platforms for the loading or
unloading of materials in a vessel or ship
- though floating in water, they are intended
to be stationary
- Real prop by Destination
10. Contracts for public works, and servitudes and other
real rights over immovable property
- Immovable by Analogy
- these prop refer to contracts for pub works,
servitudes and real rights over immovable
prop (ex. usufruct)
- they are inseparable from their sources
which are immovables
- for convenience they are considered
immovables by analogy
- while not tangible they have the
characteristics of real prop
- ex. Real estate mortgages are realty and not
personalty
- ex. sugar quotas are inseparable and are real
rights over immovable prop
Art 416
1. Those movables susceptible of appropriation which
are not included in the preceding article
- movables not included in the 10 enumerations in
the preceding art but susceptible of
APPROPRIATION
- deemed personal property
2. Real property which by any special provision of law
is considered as personal property
- When the prop is essentially immovable but by
express provision of law is considered a
personalty
- ex. growing crops are real prop under Art 315
(2) but they are considered personalty for
purposes of the chattel mortgage law
3. Forces of nature which are brought under control by
science
- there are some forces of nature which could be
controlled by man through the application of
scientific devices or means
- when so controlled they are considered
personalty
- ex. electricity generated by electric powers, fuel
for cooking, solar light for powering batteries
4. In general, all things which can be transported from
place to place without impairment of the real
property to which they are fixed
- Transportable Things
- Generally: all things which can be
transported from place to place w/o
impairing the immovable to which they are
attached are personal prop
- ex. machines not fixed to the land,
implements and tools of workers (i.e. saw
hammer)
Special Kind of Personal Prop
- author, composer, painter, sculptor, inventor
- have rights over their works
- there are personal prop
Art 417
Coverage of the Art
- obligations and actions
- refer to the right to recover movables and
demandable sums of money
- demandable sums
- refers to matured credits
- implication is that if the credit is not yet due, it
has not reached the stage of being a personalty
- Right to Collect a Sum of Money
- by itself a personal prop
Shares of Stocks
- Par 2 applies only to STOCK CORP engaged in
agriculture, commerce or industry
- there is no valid reason to exclude other juridical
persons from its coverage
- like the partners interests in a partnership
and shares of stocks in other corp which
may be engaged in other endeavours
outside those mentioned in the law
- such interests are personal prop
- 1/2 interest in business not included in Art 415 is a
personalty and can be the obj of chattel mortgage
Carla Joy Verceles 2K San Beda Law
- Even if the only assets of the corp are real estate or
lands
- a share of stock in said corp is still a personal
prop
- Stock
- should be read in its generic sense to mean
participation and not in its technical term
- if the interest is in a land or building
- that interest is real right in a real prop and
is by itself real prop by analogy

Test to Determine Whether Prop is Real or Personal

1. Rule of Exlusion
- if the prop is not included in Art 415
- then it is deemed exluded
2. Rule of Description
- if the prop can be transported from one place to
another and no injury would be suffered by it
- it is PERSONAL PROP unless expressly
included in Art 415

Semi Movable Prop

- those things which could move by themselves w/o
any assistance from outside force
- ex. living animals
- living animals may either be real or personal
prop
- they are real prop if they are included in Art 415
(6)
- otherwise, they are personal prop

Art 418
Classification of Prop as to Censurability
1. Consumable Prop
- one which cannot be used according to its
nature w/o being consumed or being eaten or
used up
- ex. glass of wine
2. Non-consumable Prop
- one which can be used according to its nature
w/o being consumed or being eaten or used up
- ex. eyeglasses which can be used w/o being
consumed

Fungibles
- those prop which can be substituted or replaced by
an equal quantity and quality

Non Fungibles
- those prop which cannot be substituted or replaced
by same specie bec they must be returned
- ex. a special kind of wine place in a bottle used
as an exhibit in a wine show

Business of Providing Telecommunication or Telephone

Service is Personal Prop
- it can be the obj of theft under the RPC

Interest in Business
- declared personal prop
- it is capable of appropriation and not included in
the enumeration of real properties