PROPERTYTitle IClassification of PropertyClassification of PropertyDefinition of Property:1. Under the Civil Code - Property, considered as an object, is that which, or may be, appropriated2. Under the Civil Code - That branch of civil law which:a. Classifies and defines the different kinds of appropriable objects,b. Provides for their acquisition and loss, and c. In general, treats of the nature and consequences of real rightsClassification of PropertyThing Distinguished from Property:As used in the Civil Code, thing is SYNONYMOUS to property2. Technically thing is broader for it includes both appropriable or non-appropriable objects

Classification of Things According to the Nature of their Ownership:Res Nullius - Belonging to NO ONE2. Res Comunes - Belonging to EVERY ONE3. Res Alicuus - Belonging to SOMEONE

Classification of Property:1. Mobility and Non-mobility - Movable [personal] or Immovable [real]2. Ownership - Public dominion or Private dominion3. Alienability - Within the commerce of man or Outside the commerce of man4. Existence - Present or Future 5. Materiality or Immateriality - Tangible [corporeal] or Intangible [incorporeal]

6. Dependence or Importance - Principal or Accessory 7. Capability of Substitution- Fungible or Non-fungible8. Nature or Definiteness - Generic or Specific9. Whether in the Custody of the Court or Free - In custodia legis or Free

Characteristics of Property1.UTILITY for the satisfaction of moral or economic wants 2. SUSCEPTIBILITY of appropriation 3.INDIVIDUALITY or SUBSTANTIVITY

Art. 414.All things which are or may be the object of appropriation are considered either:1. immovable or real property; or2. movable or personal property

Classification of Immovable Property:By NATURE - those that cannot be moved from place to place because of their natureBy INCORPORATION - those which are essentially movables but when ATTACHED to an immovable becomes an integral part of the same 3. By DESTINATION or PURPOSE - those w/c are essentially movables but for the purpose for w/c they have been place, they become immovable4. By ANALOGY or LAW

Art. 415 [1]Land, buildings, roads, and constructions of all kinds adhered to the soil

Art. 415 [2]Trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable

Art. 415 [3]Everything attached to an immovable in a fixed manner, in such way that it cannot be separated therefrom without breaking the material or deterioration of the object

Characteristics [par. 3]:1. Cannot be separated from the immovable w/o breaking or substantial deterioration2. Need not be placed by the owner 3. Real property by INCORPORATION4. The fact of incorporation determines the thing

Art. 415 [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 manner that it reveals the intention to attach them permanently to the tenements

Characteristics [par. 4]:1. It can be separated from the immovable without breaking or deterioration2. It MUST be placed by the OWNER or by his agent, express or implied [If it is placed by a mere tenant, it will will be considered personal or movable property]3. It is real property by INCORPORATION and DESTINATION

Distinctions

Art. 415 [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

Essential Requisites [par. 5]:1. The placing must be made by the owner of the tenement, his agent or duly authorized representative 2. The industry or works must be carried on in the building or the land 3. The machines must tend directly to meet the needs of such industry or said works 4. The machines must be essential and principal elements in the industry [not merely incidental]

Summary of Paragraph 51. General Rule - Machinery attached to the land is considered immovable when: a. It is placed by the owner of the immovable, his agent or duly authorized representative b. It is placed for an industry or work which is carried on in the building or landc. The machine tends to directly meet the needs of such industry or work d. The machine is essential to the industry or work and not merely incidental 2. Exception it is considered movable when the machinery is placed on the land or tenant by a mere tenant;3. Exception to Exception it is considered immovable when: a. The tenant had promised to leave the machinery on the tenement or the land even after the lease expires, or b. The tenant acted only as an agent of the owner of the land

[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; [7]. Fertilizer actually used in a piece of land;[8]. Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;[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;[10]. Contracts for public works, and servitudes and other real rights over immovable property

Cases:

Movable PropertyArt. 416. The following things are deemed to be personal property:1. Those movables susceptible of appropriation which are not included in the preceding article 2. Real property which by any special provision of law is considered as personalty;3. Forces of nature which are brought under control by science; and4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed

Tests to Determine Whether Property is Movable or Immovable:1. Test by Description 2. Test by Exclusion

Case: Sibal v. Valdez [50 PHIL] 512Facts: Sibal sued Valdez. Valdez won. For the purpose of satisfying the judgment won by Valdez, the sheriff attached the sugar cane that was growing on the land of Sibal. Earlier, the land was attached by X, another creditor of Sibal. Within the 1-year redemption, Sibal wanted to redeem the lots from X and the sugar cane from Valdez. The lots were redeemed, the redemption of the sugarcane was refused by Valdez, who contended that sugar cane is personal property and therefore could not be the subject of legal redemption. Sibal claimed that the sugar cane is real property for the same would be considered as growing fruits under Art. 415(2). Issue:How should the sugar cane be regarded, as real property or personal property?

Held:Although considered as growing fruits and therefore ordinarily real property under Art. 415(2), the sugar cane here must be regarded as personal property for the purposes of: a. the Chattel Mortgage Law, andb. attachmentbecause the right to the growing crops mobilizes (makes personal) the crops by anticipation. More specifically, the existence of a right on the growing crop is a mobilization by anticipation, a gathering as it were, in advance, rendering the crops movable

Art. 417. The following are also considered as personal property: 1. Obligations and actions which have for their object movables or demandable sums; and2. Shares of stock of agricultural, commercial and industrial entities, although they may have real estate

Art. 418. Movable property is either consumable or non-consumable. To the first class [consumable] belongs those movables which cannot be used in a manner appropriate to their nature without being consumed, to the second class belong all others.

Property in RelationArt. 419. Property is either of public dominion or of private ownership.Art. 420. The following are property of public dominion:1. Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, bank, shores, roadsteads, and others of similar character;2. Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. Property of Public Dominion3 Kinds of Property of Public DominionProperty intended for public use Property intended for some public serviceProperty for the development of the national wealthProperty of Public DominionCharacteristics of Property of Public Dominion:1. OUTSIDE the COMMERCE of MAN2. CANNOT be acquired by PRESCRIPTION3. CANNOT be REGISTERED under the Land Registration Law and be subject to a Torrens Title4. CANNOT be ATTACHED or be LEVIED upon by execution5. CANNOT be BURDENED by voluntary easementsProperty of Public DominionClassification of Land of Public Dominion:1. Agricultural 2. Forest or Timber3. Mineral4. National ParksProperty of Public DominionCases:1. City of Manila v. Garcia [Feb 21, 1967]2. RP v.Vda. Del Castillo [Jun 30, 1988]3. RP v. Gonzales [Jul 31, 1991]4. RP v. CA [Nov 14, 1997]5. Febrera v. CA, Morato [Aug 12, 1004]6. Villarico v. Sarmiento [Nov 11, 2004]7. Domalsin v. Valenciano [Jan 25, 2006]8. MIAA v. CA [Jul 2, 2006]Patrimonial PropertyArt. 421.All other property of the State, which is not of the character stated in Art. 420, is patrimonial property.Art. 422.Property of public dominion, when no longer intended for public use or public service, shall form part of the patrimonial property of the State.Patrimonial PropertyPatrimonial Property of the StateProperty owned by the State in its private capacity and is not devoted to public use, public service or the development of national wealthPatrimonial PropertyCharacteristics of Patrimonial Property of the State1. Acquired by the State pursuant to its proprietary function2. May be acquired by private individuals through prescription3. Withdrawn from public use if no longer intended for public usePatrimonial PropertyEntities that may Effect a Change or Conversion from Property of Public Dominion to Patrimonial Property:1. Executive through a positive act2. Legislature through a legislative enactment

Cases:1. Cebu Oxygen v. Bercilles [Aug. 29, 1975]2. Laurel v. Garcia [ Jul. 25, 1990]3. International Hardwood v. UP [Aug. 31, 1991]4. Chavez v. PEA [July 9, 2002]Property of LGUsArt. 423.The property of provinces, cities and municipalities is divided into: 1. property for public use, and2. patrimonial property.Property of LGUsArt. 424.Property for public use, in the provinces, cities and municipalities consist of the: 1. provincial roads, city streets, and municipal streets, 2. squares, fountains, public waters, promenades, 3. public works for public service paid for by said provinces, cities or municipalities.All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws.Property of LGUsCase:1. Province of Zamboanga del Norte v. City of Zamboanga [March 28, 1968]

Private PropertyArt. 425.Property of private ownership, besides the patrimonial property of the State, provinces, cities and municipalities consist of all property belonging to private persons, either collectively or individually.