MIDTERM: 5pm until 9 pm –Prequel to FC- FC- Adoption- amendments to the FC, new rule on

legitimation, civil register, property (classification of property as to nature and owner)

CIVIL REGISTER Continuation

GR: no entry or record in the civil register cannot be amended without proper authority –

1. Judicial order (rule 103 or 108 petition) regardless of entry to be amended;

2. Civil register general – uncontested petitions
a. Name or nickname – petition is sufficient if due to the ff:
1. Present name is driven by clerical error
2. Dishonor
3. Subjects the name to humiliation
4. Prevent public confusion
5. Consistent to the name publicly known

-May only be availed of once

b. Citizenship – proof that one or both parents are Filipino but on the birth record
it is different
c. Place of birth – pure clerical error where the true facts can be verified from
other official records
-Filed in the municipality where the record is kept
- If uncontested the LCR – approve the petition and order judgment and
unilaterally modify the record
-if contested and appealed – civil register general should act on the
appeal

d. Sex - error of birth attendant, must be obviously ascertained by ocular

inspection certified by a government physician
- No Correction based on sex Reassignment

Pure clerical errors – Obvious to the sight and understanding

If effective of civil status of person 103 is insufficient = need for 108 – adversarial proceeding, with
notice to each person Republic vs magpayo

- If the law requires that a judicial action be instituted to establish status, mere administrative petition is
insufficient

PROPERTY

-things and property are used synonymously however they are different.

 Things is a broader term and comprehends even those not capable of private title
)moon, stars, clouds)
 Property – limited concept, the thing itself must have the ff characteristic:
1. Substantial – the thing must be capable of independent existence, can be
separated from other things without destruction from its nature or the other;
2. Utility – it must somehow address or satisfy a human need or want
3. Appropriability – it must be susceptible of being acquired in ownership

- Property is simply an object of a right, because right cannot be establish without objects to establish
rights

 Real Right – enforceable against the whole world

o May be immovable or movable
o Possession is a real right
 Personal Right – property demandable only to a specific passive subject (defendant)

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 o Real right maybe transformed to personal right if stolen – breach of t=right of ownership
– right to demand return

3 kinds of real right

1. Dominio Pleno – full ownership

o Has all the rights to the title(dispodendi, donendi etc.)
o Unification of the right to enjoy and the right ot dispose (seller in a contract of sale,
donor in a donation)
2. Dominio Menos Pleno – right to use is separated from the right ot dispose (Right to usufruct and
commodatum for personal property
3. Dominio Limitado Pleno – unification of the right to enjoy as well as right to dispose but not in
the character as owner (that by an agent or representative like guardians and administrators)

CLASSIFICATION OF PROPERTIES

I. By Nature
1. movable
2. immovable – classified as follows
1. Immovable by nature – real property always considered an immovable such as
lands, regardless of owner
a) Buildings – if more or less permanent in Character
o If building is merely superimposed – the bldg is not immovable
o If bldg complies with permanence – ownership of land can be
separated from the land
b) Construction of All Kinds including Roads – immovables artificially
created
o Must have the character of permanence
o May also be classified as immovables by incorporation
c) Trees plants or growing crops while they are attached to the lands,
whether if it sprouted naturally or planted
o Trees – immovable as long as it remains an integral part of the
forest – if it is uprooted it is then movable
d) Bodies of water, rivers
o Parts of the River is part of the immovable – bank, bed, and
waters
2. Immovable by incorporation – the ownership to which the thing is attached and,
owner of the attached is immaterial – as long as the fixing is permanent
a) Covers RES VINTA – everything attached to an immovable in a fixed
manner
o Bldg, bridges and infrastructure
o Docks – even if moored or floating as long as there is intent to
be attached in that location
o To a certain degree, fertilizer used on the land – prior to being
thrown it is movable, once part of soil it is already immovable
 Separation will destroy the thing attached or the thing
where it is attached
3. Immovable by destination – essentially, movable property which had been
attached to land building or some other tenement for ornamentation or for the
use of an industry being carried out in the premises
a) Attached for ornamentation – murals, reliefs, painting
b) Equipment instruments or similar facilities that prior to attachment are
movables but they have been fixed to the land, bldg, or tenement for
use for some business or industry being prosecuted in the same
premises
o Ownership is essential in determining character
o The one who attaches must be the same owner as the land,
bldg or tenement ( unity of identity of ownership of that
attached and to which it was attached)

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 - The owner of that which was attached as a GENERAL RULE, can enter into a
security transaction pertaining to only that which is attached (machinery eqpt,
instruments, relief)

-Real Estate Mortgage – even if limited to that attached

-Chattel Mortgage – valid only between the parties
- in case a CM is executed – neither party can question the
validity of the law even if the property are considered immovable – for treating
a immovable as immovable they are ESTOPPED from questioning their own act

* CM debt was not paid – remedy foreclose

-Since the chattel mortgage is binding only to them, the procedure for REAL ESTATE MORTGAGE
FORECLOSURE is followed – because the object is essentially IMMOVABLE.

* Procedure for Real Estate Mortgage

a. Judicial – petition with the court, the court will issue the necessary rders
b. Extrajudicial – file a notice of foreclosure with the sheriff

* Procedure for Chattel Mortgage – Extrajudicial

* Foreclosure of Pledge – Notarial by Notary Public

* If the thing attached, either for ornamentation or industry belongs to a different owner – The one who
attaches has a mere temporary or provisional right over the land bldg tenement – then the attached
property remains to be MOVABLE
- Unless acting as an agent of the land, bldg, or tenement – it then becomes IMMOVABLE

*Renter entered into Chattel M and REM over attachment in rented property

First loan CHM; Second Loan REM

-First loan prevails being that the ownership is merely provisional – REMAINS
MOVABLE

*UNLESS – There is a stipulation in the Lease agreement where upon

termination of the lease contract – the attached properties shall BELONG TO THE
LESSOR – REM prevails

-if the one who attached was acting as an agent of the owner – REM prevails

4. Immovable by analogy – rights which are inseparable from another immovable

property.

-They are merely immovable by analogy, being an immovable

INTANGIBLE RIGHTS are thus created (contracts for public works,
easement of right of way)

2 tests to determine if it is a movable property

1. Test of exclusion – everything not included in the enumeration (Art. 415) shall be
considered movable property
2. Test by description – movable if can be transported from place to place or transferred to
which it is attached without destruction

5. Immovable treated as movable () – ex growing crops, pending harvest

a) MOBILIZATION BY ANTICIPATION – immovable which are anticipated to
be movable at a certain period of time
6. Forces of nature brought to control by science
7. Rights and obligations where the subject is a movable property
8. Other intangibles

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* Classification is crucial in the following

1. Criminal law – some crimes are limited to movable or immovable (e.g. theft)

2. Forms – transmission of immovables – remember rules on disposition of property to be made

in writing

3. Fixing jurisdiction – controversy involving title or possession of real property – MTC or RTC
where it is located

* Mobilia sequntuur personam – property follows the domicile of owner for personal
property

4. Taxation – tax treatment – RPT – on immovables

*MOBILE HOMES – Remain Movables

*YACHT – considered as a vessel not subject to immovables

5. Acquisitive Prescription – possession may ripen into ownership, in consonance with property
registration decree

- if asserted over MOVABLE – period is shorter: good faith 4 years; bad faith 8 years
-if asserted over IMMOVABLE – good faith 10 years, bad faith 30 years

* once the business ceases – it considered movables

* for immvables – PROVE THAT THEY ARE ESSENTIAL TO THE BUSINESS

-if it serves a mere incidental puprose – MOVABLE

- HOWEVER it can ba classified as an IMMOVABLE BY INCORPORATION

Power station and barge Situation:

Docks: immovable by incorporation even if floating as long as there in an

intention that such will remain in a fixed place)
Power barges: immovable by incorporation as long as attached to the dock
and used for business and industry
Electric tower/lines: movable even if embedded BUT if it becomes an integral
part (not INCIDENTAL) of the business and industry (production of electricity), it
becomes immovable by destination for the duration of business. If the business
ceased, it becomes movable.
Drinking fountain: immovable by incorporation
Guard house: movable
Pet house or pigeon house: immovable by incorporation
Animals: immovable as long as there is animus manendi and animus
revertendi
Electricity generated: movable

II. By Owner
1. Public Domain – the same may pertain to the State, as long as it is:
1. Devoted for Public use or-
- Public Use- anyone belonging to the general public may exercise a
right to use the same
- RES COMMUNES – belong to anyone but no one in particular
-Special form of collective ownership
 LGU’s are also covered, there is a need that it be for:
a) Public use – plaza’s, fountains, promenade
*PUBLIC DOMAIN ONLY IF PUBLIC USE

*ROPONGGI PROPERTY – the sale or disposition is void because it is a property of publc domain for
public service belonging to the public, unless withdrawn by statute, any sale is invalid.

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*Reclaimed lands – do not become segregated from public domain just because artificial objects where
added. It does not change nature of the property it still remains to be one of public domain

*PLAZA RIZAL (NAGA CITY)- mere declaration for tax purposes cannot serve as valid proof of title. It is a
property of public domain for public use belonging to the Philippines, the administration was merely
delegated to the local government

*PUBLIC MARKETS – if pertaining to the state is property of public domain for public service; if it pertain
to LGU they are not property of public domain because they are not intended for public use

*LOCAL WATERWORKS – not public domain, they are not meant for public use but PUBLIC SERVICE

*Sovereign capacity -
*Proprietary capacity of state – ordinary property of the state

*RES NULLUS – title may be acquired only by occupation = PHYSICAL SEIZURE; no one owns
- essentially movable which are capable of acquisition by hunting, fishing subject to relevant
natural resources law- once caught they belong to the one
-ABANDONED ANIMALS – previously tamed
-ABANDONED MOVABLES – owner left such property for anyone, there is no intent to exercise
rights thereto

*LOST AND FOUND PROPERTY- not res nullius

-acquisition of title is by law not by acquisition

*HIDDEN TREASURE – not res nullus; special form of accession

2. Public service or

* PUBLIC USE AND PUBLIC SERVICE-remains to be property of public domain for as loang as it is used for
public use, public service, development of national wealth, even if the use is limited.

*Lands – unless there is overwhelming evidence of ownership of public title, considered owned by the
republic regardless of classification ( agricultural etc.)

*To convert agricultural land of its character – act of congress/State grant

3. for Development of National Wealth

2. Private in Character- maybe:

1. Patrimonial property of the State or LGU
a) It is congress that has absolute control thereto even if held by LGU in
their capacity as trustee
b) Property previously for public use can be transformed by law
o Alienation thereof must still be subject to applicable law
o The president has no power to dispose by himself even
patrimonial property without consent of congress

*SESSION ROAD – Public domain pertaining to the State (NATIONAL ROAD)

*DPWH naghukay – STATE

*LGU naghukay – LGU for public use

*Can session road be closed for whatever purpose by the President – No it should be withdrawn for
public use by congress

*May be held in its sovereign capacity

2. Those belonging to Natural or Juridical Persons

 Individual or Collective

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  Observe the disqualification of aliens in the acquisition of
private lands, subject to exemption and the Foreign
Investments Act.
 Residential purpose land limits
a) Urban – 5000 sq.m
b) Rural – 3 hectares

*LAND DISPUTE as to Private person/entity vs. State/LGU – burden of proof rests on the private person
claiming ownership

-prove that it is:

a) Alienable and disposable – by an act of congress or by the president by delegation

b) Private person acquired title over alienable lands of the public domain either by:
HOMESTEAD; FREEPATENT; or SALES PATENT; or AGRARIAN REFORM ACT

*Lease of alienable lands – creates a real right of temporary use

o Who may lease – Filipino/ Filipino corporation – 60% capital stock Filipino
owned
o Duration – 25 renewable for another 25 years
o Area – Filipino corp. – 1000 sq. m
Filipino person – 500 hectares