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