PROPERTY

BOOK II
PROPERTY, OWNERSHIP AND ITS MODIFICATIONS

TITLE I - CLASSIFICATION OF PROPERTY

PRELIMINARY PROVISION

1. Property, defined
- Civil code
 Considered as an object, is that which is or may be appropriated.
- Subject in a law course
 Branch of civil law which classifies and defines the different kinds of
appropriable objects, provides for their acquisition and loss, and in general,
treats of the nature and consequences of real rights.

2. “Thing” V. “Property”

Thing

Broader in scope

Includes both appropriable and non

appropriable objects

 The planet and stars are considered things but since they cannot be
appropriated they cannot be considered property.
 Air is considered a thing but since it can be placed in containers they can be
considered property
 Property involves both material objects and intangible things
 not tangible; incapable of being perceived by the sense of touch, as incorp
oreal orimmaterial things; impalpable. (goodwill, patents, trademarks and
copyrights)
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3. classification of things
a. Res nullius (belonging to no one)
 Reason because they have yet to be appropriated, like fish still swimming in the
ocean, or because they have been abandoned (Res derelictae) by the owner
with the intention of no longer owning them. Wild animals (Ferae naturae), wild
birds and pebbles.

b. Res communes
 Belonging to everyone, air we breath, the wind, sunlight and starlight.

c. Res alicujus
 Belonging to someone, tangible or intangible, which are owned privately.
Considered property because it can be owned. Like, your book, shares of stock,
parcel of land.
4. Classification of property

a. Mobility and non-mobility

i. Moveable/ personal property (car)
ii. Immovable or real (land)

b. Ownership
i. Public dominion or ownership (rivers)
ii. Private dominion or ownership (fountain pen)

c. Alienability
i. Within the commerce of man (maybe objects of contract or judicial transactions)
ii. Outside the commerce of man (prohibited drugs)

d. Existence
i. Present property (res existentes)
ii. Future property (res futurae)
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 Like a harvest, may be subject of sale but generally not a subject of donation.

e. Materiality or Immateriality
i. Tangible or corporeal objects (can be seen or touched, paper/money)
ii. Intangible or incorporeal (rights or credits)

f. Dependence or importance
i. Principal
ii. Accessory

g. Capability of substitution
i. Fungible (capable of substitution)
ii. Non-fungible (incapable of such substitution)

h. Nature of definiteness
i. Generic (referring to a group or class)
ii. Specific (a single, unique object)

i. Whether in the custody of the court or free

i. In custodia legis (custody of the court. When it has been seized by an officer
under a writ of attachment or under a writ of execution)
ii. Free (property not in custodia legis)

5. Characteristics of property
i. utility to satisfy moral or economic wants
ii. Susceptibility of appropriation
iii. Individuality or substantivity (it can exist by itself, and not merely as a part of a
whole) (human hair becomes property only when it is detached from the owner)
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6. Right to property
Fernando V. St. Scholastics College
693 SCRA 141

 Facts:
Respondents have been compelled to construct their fence.

 Issue:
Is this a clear encroachment on their right to property?

 Held:
Yes. For the right to property includes the respondents rights to decide how best to
protect their property.

ARTICLE 414.

 Things which may be considered the object of appropriation are considered

either;
i. Immovable or real property; (public document)
ii. Movable or personal property. (private document)

 Classification as mentioned above is not complete because there should be a

third kind which is mixed or semi-immovable. This refers to movable properties
(machines, or removable houses or transferable trees) which under certain
conditions be considered immovable.

7. Reclassification V. Conversion

Reclassification Conversion
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Act of specifying Act of changing the

how agricultural current use of a
lands shall be piece of agricultural
utilized for non land into some other
agricultural use as
purposes such as reclassification of
residential, land does not
industrial or automatically allow
commercial a land owner to
change its use and
thus cause the
ejecment of tenants.
Has to undergo the
process of
conversion

8. The human body us not real or personal property because it cannot be

appropriated. It is a thing or a being, for it exists.

9. Organ donation Act

 RA 7170 (Feb. 24, 1992)
 Act authorizing the legacy or donation of all or part of a human body after death
for specified purposes.
 Death; the irreversible cessation of circulatory and respiratory functions or the
irreversible cessation of all functions of the entire brain, including the brain
system)

10. Person who may execute a legacy.

 Any individual at least 18 years of age and of sound mind may give by way of
legacy, to take effect after his/her death.

11. Who may execute a donation

i. Spouse
ii. Son/daughter of legal age
iii. Either parent
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iv. Brother/sister of legal age

v. Guardian over the person of the decedent at the time of his death.

12. Manner of executing a legacy

i. May be made by will and only become effective upon a testator’s death without
waiting for probate of the will.
ii. If considered invalid as long as it was made in good faith it is nevertheless valid
and effective
iii. May also be made in document other than a will. Legacy becomes effective
upon death and shall be respected by and binding upon the testator’s:
a. Executor
b. Administrator
c. Heirs
d. Assign
e. Successors-in-interest
f. All members of the family
iv. Document maybe card or paper
v. Must be signed by the testator in the presence of two witnesses who must sign
the document in his presence.
vi. He may designate the surgeon or physician

13. International sharing of human organs or tissue

i. Only through exchange programs approved by the DOH
ii. This is provided that foreign organ or tissue bank storage facilities and similar
establishment grant reciprocal rights to their Philippine counterparts to draw
human organs or tissues at anytime
iii. Organ bank storage facility - facility licensed or accredited or approved under
the law for storage of human bodies or parts thereof.
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CHAPTER 1
IMMOVABLE PROPERTY