COURSE OUTLINE IN PROPERTY

(Part I)
DEFINITION

Generally, property is an economic concept referring to a mass of things

useful for human activity. It is synonymous with the concept of “thing” which is
broader in scope as it includes both that which may be appropriated and that which
may not be appropriated.

As a course in law, property is that branch of civil law which classifies and
defines the different kinds of appropriable objects, provides for their acquisition
and loss. It treats of the nature and consequences of ownership and possession of
real rights.

I Classification

1.a. Importance of Classification

The classification of property is significant due to different applicable

provisions of the law governing acquisition, possession, disposition, loss,
registration, etc.

Criminal Law
E Commerce
Form of contracts
Prescription
Action and Venue
Taxation

1.b. Classification under the Civil Code (Art. 414)

1. Immovable or Real Property – Art. 415

a. by nature -(1) and (8)
b. by incorporation – (2), (3), (7)
c. by destination – (4), (5), (6), (9)
d. by analogy – (10)

2. Movable or Personal Property – Arts. 416,417, 418

Differences between Real Rights and Personal Rights

1.c. By Ownership

1.c.1. Res Nullius

1.c.2. Public Domain (Arts. 419, 420-422, 424)
Effect of Classification of Property as Property of Public Dominion

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 Property Outside the Commerce of Man
Property Cannot be the Subject of Acquisitive Prescription
Property Cannot be Attached or Levied upon in Execution
Property Cannot be Burdened with a Voluntary Easement

1.c.3. Property of State – Art. 420-422

For Public Use

For Public Service
For Development of National Wealth

1.c.4. Property of Municipal Corporations – Art. 424, par. 1

1.c.5. Private property

Patrimonial Property of State – Art. 421

Patrimonial Property of Municipalities, Cities and Provinces
Art. 424, par. 2
Private Property of Private Persons – Art. 425, par.
Individually
Collectively
1.b. Other Classification based on viewpoints

1.b.1 By their physical existence

a. Corporeal (tangible)
b. Incorporeal (intangible)

1.b.2. By their dependence or importance

a. Principal
b. Accessory

1.b.3. By their Subsistence (Art. 418)

a. Consumable
b. Non-Consumable

1.b.4. By the intention of parties

a. Fungible (replaceable)
b. Non-fungible (irreplaceable)
1.b.5. By its susceptibility to Division

a. Divisible
b. Indivisible

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 1.b.6. By reason of Designation

a. Generic
b. Specific

1.b.7. By its existence

a. Present
b. Future

1.b.8. By its susceptibility to Commerce

a. Within the Commerce of Man

b. Outside the Commerce of Man

Cases:

Laurel vs. Garcia (EN BANC) G.R. No. 92013 & 92047. July 25, 1990
Davao Sawmill Co. vs. Castillo, 61 Phil 709.
Chavez vs Public Estates Authority GR 133250, July 9, 2002
( read also the Decision of November 11, 2003)
Heirs of Malabanan vs Republic GR No. 179987 April 29, 2009 and
the Decision of September 3, 2013 on the Motion for Reconsideration

II. OWNERSHIP

A. Definition

Ownership – It is independent and general right of a person to control a

thing, particularly in his possession, enjoyment, disposition and recovery, subject
to no restrictions, except those imposed by law and the rights of others.

Ownership is a relation in private law by virtue of which a thing (or property

right) pertaining to one person is completely subjected to his will in everything not
prohibited by public law or the concurrence with the rights of another.

B. Kinds of Ownership

a. Full ownership
b. Naked ownership
c. Sole Ownership
d. Co-ownership

c. Rights of an owner under the Civil Code (Art. 428)

c.1. the right to enjoy

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 includes . . . the right to possess (jus possidendi)
the right to use (jus utendi)
the right to the fruits (jus fruendi)

c.2. the right to dispose (jus disponendi)

includes . . . the right to consume or destroy (jus abutendi)

the right to encumber or alienate

c.3. the right to recover (jus vindicandi)

Object of recovery

a. Recovery of personal property

Replevin

b. Recovery of real property

Accion Reivindicatoria (reivindicatory action)

Accion Publiciana (plenary action to recover possession)
Forcible Entry or Unlawful Detainer

Requisites in an action to recover (Art.434)

c.2.a. Identity of property

c.2.b. Strength of plaintiff’s title

c.3. Disputable presumption of ownership (Art. 433)

D. Other Specific Rights Found in Civil Code 249, 430, 437, 438,
444

a. Right to Exclude; Self-help; Doctrine of Self Help; Art. 429

b. Right to Enclose or Fence – Art. 430

- the right to exclude and enclose is subject to Art. 431 and the
“state of necessity” (Art. 432)

c. Right to Receive Just Compensation in Case of Expropriation –

Art. 435
d. Right to Hidden Treasure – Arts. 438-439

e. Right to accession –Art. 440

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D. Limitation of Real Right of Ownership

1. General Limitation

a. Police power

b. Taxation

c. Eminent domain

2. Specific Limitation

3. Limitations from other provisions of Civil Code

Arts. 431, 432
Arts. 2919, 677, 670, 649, & 652, 637, 676, 644, 684-687

4. Limitation under our Constitution

Art. XII, Sections 7 & 8

Cases:

1. Valdez vs. CA GR No. 132424. May 4, 2006

2. De Gallego vs. Land Authority, L-26848, August 17, 1981 106 SCRA
598, 604-606