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TITLE I. CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS

What is property?All things which are or may be the object of appropriation are considered property (Article 414).

As a subject in a law course, property is that branch of civil law which classified 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.

What are the characteristics of property?a. Utility Capability of the thing to satisfy moral or economic wants and human needs;b. Susceptibility Independent existence;c. Appropriability Susceptible to ownership.

How is thing distinguished from property?Thing is broader in scope for it includes both appropriable and non-appropriable objects.

As to their nature, what are the classifications of things?1. Res Nullius things belonging to no one because they have not been 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. Other examples include wild animals (ferae naturae), wild birds, and pebbles lying on the sea shore.

2. Res Communes those owned by everybody in that their use and enjoyments are given to all of mankind. Examples are the air we breathe, the wind, sunlight, and starlight.

3. Res Alicujus objects which are owned privately, either collective or individual capacity.

How is property classified according to its nature and according to its ownership?According to its nature, property may be either:1. Immovable or real property (Article 414);2. Movable or personal property (Article 414)

According to its ownership, it may either be:1. Of public ownership (Article 419); or2. Of private ownership (Article 419).

What is the importance of classification of property into immovables and movables?1. formalities2. prescription3. to bind third persons

CHAPTER 1 IMMOVABLE PROPERTY

What are the immovable properties enumerated by law? (Article 415)1. Land, buildings, roads and construction of all kinds adhered to the soil;2. Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;

Page 1 Notes on Property Kathryn P. Dela Serna

3. Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;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 a manner that it reveals the intention to attach them permanently the tenements;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 said industry or works;6. Animal houses, pigeon houses, beehives, fishponds 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 on 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 in a fixed place on a river, lake or coast;10. Contracts of public works, and servitudes and other real rights over immovable property.

What are the different classes of immovables?1. Immovable by nature, or those which cannot be moved from place to place, such as those mentioned in Nos. 1 and 8 in Article 415 (trees, if they are spontaneous products of the soil; lands, roads, mines and quarries as well as sewers, regardless of any consideration);

2. Immovable by incorporation, or those which are attached to an immovable in such a manner as to form an integral part thereof, such as those mentioned in Nos.1 (buildings and other structures adhered to the soil except land and roads), 2, (if they were planted through labor), 3 and 4 of Article 415 (those attached to an immovable in a fixed manner, irrespective of ownership thereof);

3. Immovable by destination, or those which are placed in an immovable for the use, ornamentation, exploitation or perfection of such immovable, such as those mentioned in Nos. 4,5,6,7 and 9 of Article 415 (and machineries and other implements);

4. Immovable by analogy, or those which are considered immovables by operation of law, such as those mentioned in No. 10 of Article 415 (real rights over immovable).

Are uprooted trees immovable property?Uprooted trees are personal, except uprooted timber if the land is timber land.

What is the difference between paragraphs 3 and 4?Paragraph 3:1. It cannot be separated from immovable without breaking or deterioration;2. It need not be placed by the owner;3. It s real property by incorporation.

Paragraph 4:1. It can be separated from immovable without breaking or deterioration;2. It must be placed by the owner, or by his agent, express or implied;3. It is real property by incorporation and destination.

A leased a building to B for a term of ten years. B established a shoe factory in the building and as a result he installed certain machineries therein. Are such machineries movables or immovables?

The machineries are movables. In order that the machineries can be classified as immovables within the meaning of Article 415 of the Civil Code, it is essential that the following requisites must concur:1. The placing must be made by the owner of the tenement, his agent or duly authorized legal representative;2. The industry or works must be carried on in the building or on the land;3. The machines, etc. must tend directly to meet the needs of said industry or works;4. The machines must be essential and principal elements in the industry, and not merely incidental.

What is the exception to paragraph 5?When placed on the land or tenement by a tenant? (Davao Sawmill vs. Castillo, 61 Phil. 709).

What is the exception to the exception?When the tenant had promised to leave the machinery on the tenement at the end of the lease, or when he acted as agent of the owner of the land. (Valdez vs. Central Altagracia, Inc., 225 U.S. 58).

May a building be considered a personal property?Yes, if there is a stipulation as when it is used as security in the payment of an obligation where a chattel mortgage is executed over it (Navarro vs. Central Altagracia, Inc. 225 U.S. 58). It may also be considered personal property if the building is bought for purposes of demolishing the same. In this case, the materials resulting from the demolition are being bought. Likewise, structures which are mere superimposition on the land, like barong- barong are not immovables.

A is the owner of a painting. He lent it to B who attached the same on the wall of his house to beautify it at its blessing with the obligation to return it within two days after the house blessing. Is the painting immovable?

No, it is movable due to the lack of intent to attach it permanently.

CHAPTER 2 MOVABLE PROPERTY

What are the movable properties under the law? (Articles 416 and 417)

The following 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 provisions of law is considered as personalty;3. Forces of nature which are brought under the control by science;4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed; and also5. Obligations and actions which have for their object movables or demandable sums; and6. Shares of stock of agriculture, commercial and industrial entities, although they may have real estate.

What are the tests to determine whether property is movable or immovable?1. If the property is capable of being carried from place to place (test by description).

2. If such change in location can be made without injuring the real property to which it may in the meantime be attached (test by description).3. If finally, the object is not one of those enumerated or included in Article 415 (test by exclusion).

What are the classifications of movable property according to its nature?Movable property is either;

A. (According to their nature) [Article 418]:1. Consumable those which cannot be used in a manner appropriate to their nature without their being consumed;2. Non- consumable any other kind of movable property. (Article 418)

B. According to the intention of the parties (as to their possibility of being substituted by others of the same kind and quality):1. Fungible can be replaced by an equal quality;2. Non-fungible cannot be replaced, the identical object must be returned.

CHAPTER 3 - PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS

How is property classified according to ownership? (Article 419)1. Of public dominion (dominio publico); or2. Of private ownership ( propriedad privado)

How may the State own property?Regarding the state, it may own properties both in its public capacity (properties of public dominion) and in its private capacity (patrimonial property)

How are properties of political subdivision classified?1. Properties of public use They cannot be alienated, and may not be acquired by prescription;2. Patrimonial property They may be alienated and acquired by prescription.

What are properties of public dominion? (Article 420)1. Those intended for public use, such as roads, c