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Property 452 Reviewer

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  • PROPERTY MIDTERM REVIEWER Atty. Robles

    Claudio, Cortina, Sarines (2A SY 2009-2010) Page 1 of 46

    PROPERTY

    PROPERTY Property is an economic concept, meaning, a mass of things or objects useful to

    human activity and which are necessary to life, for which reason they may in one way or another be organized and distributed but always for the use of man.

    In the strict legal sense, it is an aggregate of rights which is guaranteed and protected by the government.

    In the ordinary sense, it indicates the thing itself rather than the rights attached to it.

    Property, considered as an exclusive right to things, contains not only a right to use these things, but the right to dispose of them, either by exchanging them for other things or by giving them away to any other person without any consideration, or even throwing them away.

    Right to Property 1987 Philippine Constitution

    No person shall be deprived of property without due process of law (Article 3, Section 1)

    Private property shall not be taken for public use without just compensation (Article 3, Section 9)

    Right to Property Louisiana State Constitution

    Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property. This right is subject to reasonable statutory restrictions and the reasonable exercise of the police power (Article 1, Section 4).

    Right to property

    The right to property is distinct and separate from property in itself and is defined as the juridical tie by virtue of which a person has the exclusive power to receive or obtain all the benefits from a thing, except those prohibited by law, or by the rights of others.

    The right to property emphasizes the vinculum between man and thing, while ownership refers to the mass of rights over a thing.

    The right to property is the right and interest which a man has in lands and chattels to the exclusion of all others.

    Right to property is a real right.

    How is property lost? I. By the act of man

    1. Alienation 2. Voluntary Abandonment

    II. By operation of law

    1. Forced sale 2. Confiscation or sentence of a criminal court 3. Prescription 4. Civil Death 5. Capture by public enemy 6. When lost by the act of God

    What constitutes property? Article 414 of the Civil Code provides that property is anything which is or may be the

    object of appropriation The concept of a thing is broader than the concept of property

    THING PROPERTY

    The Civil Code purportedly uses thing and property interchangeably Thing refers to those which are not or may not be the object of appropriation

    Anything which is or may be the object of appropriation

    Thing is genus Property is the species In order for a thing to be considered as property, it must have:

    1. Utility for satisfaction of economic wants 2. Substantivity or the capability to exist by itself and not merely part as a whole 3. Appropriability

    Art. 414 Classification of things may be the object of appropriation

    1. Immovable or real 2. Movable or personal

  • PROPERTY MIDTERM REVIEWER Atty. Robles

    Claudio, Cortina, Sarines (2A SY 2009-2010) Page 2 of 46

    The classification into movable or immovable property does not assume its importance from the fact of mobility or non-mobility but from the fact that different provisions of law govern the acquisition, possession, disposition, loss, and registration of movables and immovables.

    Paras further comments on the matter saying that it is an incomplete classification for failure to take into consideration machines, removable houses, or transportable trees which are movable properties but by virtue of their being attached to an immovable for specified purposes may be considered immovable. He refers to these kinds of properties as semi-immovable or mixed.

    Profs lecture

    For Art. 414 to be applicable the thing must have an owner or possessor. Embedded in the concept of property is an animus with intent to possess as ones

    own. It is important to ascertain whether it is movable or immovable because different

    laws govern them (e.g., taxes, Statute of Frauds, crimes against property)

    Art. 415 Immovable property

    The law does not define what properties are immovable; they are merely enumerated.

    The enumeration in Art. 415 does not give an absolute criterion as to which properties are real, and which are peTrsonal.

    Immovables follow the law of their locality.

    Academic classification of real properties Classes Paragraphs Examples

    1. By nature (1), (8) Trees and plants 2. By incorporation (1), (2), (3), (4), (6) Building 3. By destination or purposes

    (4), (5), (6), (7), (9) Like machinery placed by the owner of a tenement on it for direct use in an industry to be carried on therein

    4. By analogy (10) Contract for public works, right of usufruct, easements and servitudes

    I. Immovables by nature: those which cannot be moved from place to place

    1. Lands, buildings, roads, and constructions of all kinds adhered to the soil (par. 1)

    That which is built upon the land goes with the land Constructions of all kinds adhered to the soil should be interpreted as to be

    immovable, it must be attached permanently to the land. It thus becomes immovable by incorporation.

    2. Mineral deposits and waters (par. 8)

    Mines stated here include the minerals attached thereto. Once the minerals are extracted, they become chattels

    II. Immovables by incorporation: those which are essentially movables, but are attached to an immovable

    1. Trees, plants, and growing fruits while they attached to the land or form an integral part of an immovable

    Paras provides that trees and plants are considered really property by incorporation only if they were planted through labor. If such are spontaneous products of the soil, they are real property by nature

    The moment the tree is detached from or uprooted from the land, they become personal property

    Except in case of uprooted timber, if the land is timber land. This is so because although it is no longer attached, the timber still forms an integral part of the timber land immovable

    2. Things incorporated (par. 3)

    These are immovable by incorporation For the incorporated thing to be considered real property, the injury or

    breakage or deterioration in case of separation must be substantial

  • P

    ROPE

    RTY

    MID

    TERM

    REV

    IEW

    ER

    A

    tty.

    Rob

    les

    Clau

    dio,

    Cor

    tina

    , Sar

    ines

    (2A

    SY

    2009

    -201

    0)

    Pa

    ge 3

    of 4

    6

    3.

    Fixt

    ures

    and

    orn

    amen

    ts (p

    ar. 4

    )

    Cont

    rary

    to

    par.

    3,

    thes

    e ca

    n ge

    nera

    lly b

    e se

    para

    ted

    from

    the

    im

    mov

    able

    w

    ithou

    t br

    eaki

    ng t

    he m

    atte

    r or

    inju

    ring

    the

    obj

    ect

    It i

    s in

    disp

    ensa

    ble

    that

    the

    obj

    ects

    mus

    t be

    per

    man

    ently

    pla

    ced

    in t

    he

    imm

    ovab

    le b

    y th

    e ow

    ner

    of th

    e la

    tter

    4.

    Ani

    mal

    hou

    ses

    and

    anim

    als

    ther

    ein

    (par

    . 6)

    Ther

    e is

    an

    erro

    r in

    thi

    s pr

    ovis

    ion

    of la

    w a

    ccor

    ding

    to

    Man

    resa

    : T

    he h

    ouse

    s re

    ferr

    ed t

    o he

    re m

    ay a

    lrea

    dy b

    e de

    emed

    incl

    uded

    in p

    ar. 1

    whe

    n it

    spea

    ks o

    f c

    onst

    ruct

    ions

    of

    all k

    inds

    adh

    ered

    to

    the

    soil.

    Th

    is c

    ould

    hav

    e be

    en m

    eant

    fo

    r th

    e an

    imal

    s th

    emse

    lves

    III. I

    mm

    ovab

    les

    by D

    esti

    nati

    on o

    f Pur

    pose

    : tho

    se w

    hich

    are

    ess

    enti

    ally

    mov

    able

    s bu

    t by

    the

    pu

    rpos

    e fo

    r w

    hich

    the

    y ha

    ve b

    een

    plac

    ed i

    n an

    im

    mov

    able

    , pa

    rtak

    e of

    the

    nat

    ure

    of t

    he

    latt

    er b

    ecau

    se o

    f the

    add

    ed u

    tilit

    y de

    rive

    d th

    eref

    rom

    1.

    Mac

    hine

    ry a

    nd e

    quip

    men

    t (p

    ar. 5

    )

    The

    imm

    ovab

    le c

    ondi

    tion

    of t

    hese

    obj

    ects

    dep

    ends

    upo

    n th

    eir

    bein

    g de

    stin

    ed

    for

    the

    use

    in th

    e in

    dust

    ry o

    r w

    ork

    in th

    e te

    nem

    ent.

    Th

    e m

    omen

    t th

    ey a

    re s

    epar

    ated

    , no

    t ne

    cess

    arily

    fro

    m t

    he i

    mm