'Property' in Civil Code

is its considered as an object, is that which is, or may be,

appropriated.
'Property' as a subject in a Law course
- is is that 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.
'Thing' distinguished from 'Property'
Thing is broader in scope for it includes both appropriable and non-
appropriable objects.
Example the planets, the stars, the sun- they cant be appropriated.
!owever "n air, is merely a #thing# for some reason when a portion of it is
places in a container, it may be considered as property.
Classification of Things
a$ res nullius %belonging to no one$ & a thing without an owner.
Example fish still swimming in the ocean. 'r because they have been
abandoned by the owner with the intention of no longer owning them.
'ther examples wild animals, wild birds, and peebles lying on the
seashore.
b$ res communes %property is owned by everybody$ -it is owned
by everybody in that their use and enjoyment are given to all
mankind.
Example the air we breathe, the wind, the sunlight and the starlight
c$ res alicujus %such things are owned by privately or publicly$-
these are objects , tangible, or intangible, which are owned
privately, either in a collective or individual capacity. "nd precisely,
because they can be owned, they really should be considered
(property).
Example *'+, chair, *'+, book, *'+, shares of stocks, *'+, parcel of
land.
Classification of Property
Characteristics of Property
"rt. -.- "ll things which are or may be the object of appropriation
are considered either
%.$ /mmovable or real property0 or
%1$ 2ovable or personal property.
The classification of property into movables or immovables is from the fact
that different provisions of the law govern the acquisition, possession,
disposition, loss and registration of immovables and movables.
3eneral a donation of ,E"4 property- must be in public document,
otherwise it will be 5'/6.
" donation of an automobile- needs only to be in a private instrument.
'wnership of real property may be acquired by prescription although there
is bad faith, in thirty (3! years0 whereas, ac"uisition in bad faith of
personal property needs only eight (#! years$
To affect third persons, transaction involving real property must be
recorded in the Registry of Property0 this is not so in the case of personal
property
There should be a third kind- the (mixed) or the (semi-
immovable.) This refers to movable properties %like machines, or
removable house or transplantable trees$ which under certain conditions,
may be considered immovable by virtue of their being attached to an
immovable for certain specified purposes.
,eclassification & the act of specifying how agricultural lands shall be
utili7ed for non-agricultural uses such as residential, industrial or
commercial
8onversion & the act of changing the current use of a piece of agricultural
land into some other use approved by the 6ept. of "grarian ,eform %6",$.
9a mere reclassification of agricultural land does not automatically allow a
landowner to change its use and,thus, cause the ejectment of the tenants &
he has to undergo the process of conversion before he is permitted to use
the agricultural land for other purposes.
9human body is not even property at all, in that it generally cannot be
appropriated. /t is indeed a thing or a being, for it exists. /t is a tangible.
9human being is alive, he cannot, as such, be the object of a contract, for
he is considered outside the commerce of man.
Person who may e%ecute a Legacy
said person may be (any individual, at least .: years of age and of sound
mind may give by way of legacy, to take effect after his;her death, all or
part of his;her body for any specified purpose.
9legacy- property left to someone in a will
Persons who may e%ecute a &onation
/< ',6E, '= >,/',/T*
may donate all or any part of the descendant#s body for any purpose
specified
a. spouse0
b. son or daughter '= 4E3"4 "3E0
c. either parent0
d. brother or sister '= 4E3"4 "3E0 or
e. guardian over the person of the descendant at the time of his death.
--- an (interest in land) is the legal concern of a person in the thing or
property, or in the right to some of the benefits or uses from which the
property is inseparable ---
C'(PT)* +, -../0(1L) P*/P)*T2
The law does not define what properties are immovable0 they are merely
enumerated.
"rt -.? does not give an absolute criterion as to which properties are real,
and which are personal.
"rt. -.? The following are immovable property
.$ 4and, building, road and constructions of all kinds adhered to
the soil.
--- (constructions of all kinds adhered to the soil,) it is understood
that the attachment must be more or less permanent.---
--- /= such property adheres3adhered to the soil and it cannot be
moved and it is permanent, therefore, it is immovable property.---
9building is a real estate mortgage 4/T a chattel mortgage, personal
property
& a house built on a rented land be the object of ,E"4 2',T3"3E. /t may
even be the subject of a chattel mortgage provided two conditions are
present; namely, that the parties to the contract so agree, and that no
innocent third party will be prejudiced. Thus, if a chattel mortgage, duly
registered, is made on a building, and subsequently a real mortgage is
made on the land and the building, it is the real mortgage, not the chattel
mortgage which should be preferred.
- a building that is sold or mortgaged and which would immediately be
demolished may be considered personal property and the sale or mortgage
thereof would be a sale of chattel, or a chattel mortgage respectively, for
the true object of the contract would be the materials thereof.
- the ,egistrar of >roperty has the ministerial duty to record the chattel
mortgage since he is not empowered to determine the nature of any
document of which registration is sought as a chattel mortgage. "s long as
the proper fee has been paid.
1$ Trees, plants, and growing fruits, while they are attached to the
land or form an integral part of an immovable property.
<o matter what their si7e may be, trees and plants are considered real
property, by nature if they are the spontaneous products of the soil,
and by incorporation, if they were planted thru labor.
-@ut the moment they are detached or uprooted from the land, they
become personal property, EA8E>T in the case of uprooted timber, if the
land is timber land%immovable;real property$.
- trees and plants annexed to the land are parts thereof, and unless rights
or interest in such trees or plants are claimed in the registration proceeding
by others, they become the property of the person to whom the land is
adjudicated.
- growing crops,by express codal provisions, are considered real property by
incorporation. However, under the chattel mortgage law, growing crops
may be considered as personal property, for example a sale of growing
crops should be considered a sale of personal property, this because the
crops are sold, it is understood that they are to be gathered. nce they
have been severed they became personal property, even if left still
scattered or lying about the land.
B$ 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
=or the incorporated thing to be considered real property, the injury or
breakage or deterioration in case of separation, must be C+@CT"<T/"4.
Par$ 3 Par$ 5
.$cannot be separated from
immovable without breaking or
deterioration
1$need not to be placed by the
owner
B$real property by incorporation
.$can be separated from immovable
without breaking or deterioration
1$must be places by the owner, or
by his agent, express or implied
B$real property by incorporation and
destination.
- if it is temporarily removed but there is an intention to replace them, it is
believed that they should be regarded as personal property as the
(incorporation) has ceased.
-$ Ctatutes, reliefs, paintings, or other objects for use or
ornamentation, placed in buildings or on land by the owner of the
immovable in such a manner that it reveals the intention to attach
them permanently to the tenements.
Example a fixed statue in the garden of a house, a permanent painting on
the ceiling, a picture embedded in the concrete walls of a house, a rug or
carpet fastened to the floor, as in the case of wall to wall carpeting.
<'TE " personal computer or a picture hanging on the wall should be
considered chattel.
The object .67T be place by the owner of the immovable <'T
<E8ECC",/4* by the owner of the object.
/f placed by a mere tenant, the objects must remain chattels or personalty
for the purposes of the 8hattel 2ortgage 4aw.
!"#$ % &'T('T T "TT"#H P(R)"'('T!*+ P(R,'"!
?$ 2achinery, 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 ,equisites
.$ the placing must be made by the owner of the tenement, his agent, or
duly authori7ed legal representative.
1$ the industry or works must be carried on in the building or on the lands.
9" transportation business is not carried on in a building or in the
compound.
B$ the machines, etc., must tend directly to meet the needs of said industry
or works %"6">T"@/4/T*$
-$ the machines must be essential and principal elements in the industry,
and not merely incidental
---,efers to real property by destination or purpose
Effect of Ceparation- if the machine is still in the building, but is no longer
used in the industry conducted therein. The machine reverts to the
condition of a chattel.
/f still needed for the industry, but separated from the
tenement temporarily, the property continues to be immovable, inasmuch
as paragraph ? refers, not to real property by incorporation, but to real
property by destination or purpose.
9machinery which is movable in its nature becomes immobili7ed when
placed in plant by the owner of the property or plant, but not when so
placed by a tenant, a usufructuary, or a person having only a temporary
right, +<4ECC such person acted as the agent of the owner.
--- "dditional machinery are real properties because they are essential and
principal elements of the factory. %it also include future improvements$
3E<E,"4 ,+4E 2achinery attached to land or tenement considered
immovable when par.?, art-.?
Exception ,ule Dhen placed on the land or tenement by a tenant %no
permission of the ownerEpersonal property$
EAE>T/'< T' T!E EA8E>T/'<
when the tenant had promised to leave the machinery on the
tenement a the end of the lease
when he acted only as agent of the owner of the land. %when a
tenant is instructed by the owner to install the machineryEreal
properties$
F$ "nimal houses, pigeon-houses, beehives, fishpond 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 it0 the
animals in these places are included.
/t does not include the animals inside. 'nly the house of the animals.
!owever it is submitted that even if the animals are temporarily outside,
they may still be considered as (real property,) as long as the intent to
return is present,.
"n ordinary inter vivos donation of a pigeon house need <'T be in a public
instrument.
G$ =ertili7er actually used in a piece of land.
=ertili7ers still in the barn and even those already on the ground but
wrapped inside some newspapers or any other covering are still to be
considered personal property, for they have not yet been (actually) used or
spread over the land.
:$ 2ines, quarries, and slag dumps while the matter thereof forms
part of the bed, and waters, either running or stagnant.
- )ines, including the minerals still attached thereto, are real properties,
but when the minerals have been extracted, the latter become chattels.
- (Clag dump) is the dirt and soil taken from a mine and puled upon the
surface of the ground. /nside the (dump) can be found the minerals.
- The (waters referred to are those still attached to or running thru the soil
or ground. @ut (water itself as distinguished from (waters,) is clearly
personal property.
-+pon the other hand, canals, rivers, la-es, and such part of the sea as may
be the object of appropriation, are classified as real property.
H$ 6ocks and Ctructures which, though floating, are intended by
their nature and object to remain at a fixed place on a river, or
coast.
De may say that the classification of the accessory %the floating house$
follows the classification of the principal%the water$.
!owever, if the floating house makes it a point to journey from place to
place, it assumes the category of a vessel.
9vessels are considered personal property, therefor, they are subject to
chattel mortgage.
---although it >",T"IEC T!E <"T+,E of real property in view of its
importance in the world of commerce.
.J$ 8ontracts for public works, and servitudes and other real
rights over immovable property.
/t refers to rights to the contract, is real property.
9 the usufruct of personal property or a lease of personal property,should be
considered personal property
>ar..J are ,E"4 >,'>E,T* @* "<"4'3*
C'(PT)* 8, -../0(1L) P*/P)*T2
"rt. -.F The following things are deemed to be a personal
property
.$ Those movables susceptible of appropriation which are <'T
included in the preceding article0
Example a piano0 animals0 books.
1$ ,eal >roperty which by any special provisions of law is
considered as personalty0
Example growing crops for the purpose of the 8hattel 2ortgage 4aw%those
being harvested$0
machinery placed on a tenement by a tenant who did not act as the agent
of the tenement owner
3E<E,"4 ,+4E 3rowing crops- art.-.? & real property
EA8E>T/'< under the chattel mortgage it is personal property when such
growing crops are harvested.
B$ =orces of nature which are brought under control by science0
/ntangible- it could <'T be seen but could see the effects.
Example electricity, gas, light, nitrogen
-$ /n general, all things which can be transported from place to
place without impairment of the real property to which they are
fixed.
2achinery <'T attached to land <', needed for the carrying on of an
industry conducted therein.
Example portable radio0 laptop computer0 a diploma hanging on the wall.
P)*7/4(L P*/P)*T2 &/)7 4/T '(0) P*)7C*-PT-0) P)*-/& -4
*)&).PT-/4
/nterest in @usiness >E,C'<"4 >,'>E,T*
/nterest of the @uilding of the @usiness ,E"4 >,'>E,T*
B Test to determine >roperty is 2'5"@4E
.$ the property is capable of being carried from one place to another
%test by description$0
1$ if such change in the location can be made without injuring the
real property to which it may in the meantime be attached %test
by description$0and
B$ finally, the object is <'T one of those enumerated or included in
art.-.?. %test by exclusion$
test by exclusion is superior to the test by description.
ther incorporeal movables. a patent, a copyright,the right to an invention
/ these are intellectual properties which should be considered as personal
property.
#'rder of 6emolition#
.there must be a special order from the %EA84+C/5E T'$ court.
"rt.-.G
The following are personal property
.$ 'bligations and actions which have for their object movables or
demandable sums0
>ersonal >roperty
Example collection of sum of money0 refers to rights or credits0a
promissory note, the right to collect it
9note a right to recover possession for instance of a piece of land is
considered real, because the object of my right is an immovable0 mortgage
on real estate is real property by analogy.
1$ Chares of stock of agricultural, commercial, and industrial
entities, although they may have real estate
Chares of stocks are personal property, therefore subject to chattel
mortgage.
!'DE5E,, other than the shares of stock such as buildings, they are real
property.
/t should be noted, however, that whether money is legal tender or not,
whether it is merchandise or not, it still is >E,C'<"4 >,'>E,T*.
"rt. -.:
2ovable property is either consumable or non-consumable. To the
first class belong those movables which cannot be used in a
manner appropriate to their nature without their being consumed0
to the second class belong all the others.
#onsumable / this cannot be used according to its nature without its being
consumed
'on.consumable - any other kind of movable property.
9fungible and non fungible9
C'(PT)* 3, P*/P)*T2 -4 *)L(T-/4 T/ T') P)*7/4
9'/. -T 1)L/4:7
"rt. -.H >roperty is either of public dominion or of private
ownership.
>roperty classified according to ownership
a$ in a public capacity
the function of administering and disposing of lands of the public
domain in the manner prescribed by law is <'T entrusted to the courts
but to );)C6T-0) /<<-C-(L7
b$ in a private capacity
"rt.-1J The following things are property of public dominion
01 those intended for public use, such as roads, canals,
rivers, torrents, ports and bridges constructed by the
Ctate, banks, shores,roadsteads, and others similar
character0
#and others of similar character#
Examples
public streams0
natural beds of rivers0
river channels0
waters of rivers0
creeks %they are an arm extending from a river$0
all lands thrown up by the sea and formed by accretion upon the shore by
the action of the water, together with the adjacent shore0
lands reclaimed from the sea by the 3overnment0
the 2anila @ay area or coastal area inasmuch as it belongs to the state and
is used as a waterway0
private lands which have been invaded by the water or waves of the sea and
converted into portions of the shore or beach.0
streets, even when planted be persons with coconut trees
21 those which belong to the ,tate, without being for public
use, and are intended for some public service or for the
development of nation wealth
Public &ominion
& an ownership by the Ctate in that the Ctate has control and administration
- ownership by the public in general- as long as they remain properties for
public use.
3 =inds of Property of Public &ominion
.$ for Public use - like roads, canals %may be used by "<*@'6*$
1$ for public service & like national government buildings, army rifles,
army vessels %may be used only by duly authori7ed persons$
B$ for the development of national wealth & like our natural resources.