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Property Memaid

Property Memaid

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42 |2009 CENTRALIZED BAR OPERATIONS
San Beda College of Law
PROPERTY
- All things which are, or may be, theobject of appropriation
(Art. 414, NCC)
Thing and Property Distinguished
THINGPROPERTYincludes bothappropriable and non-appropriable objectsthings which aresusceptible oappropriation andwhich are alreadypossessed and foundin the possession of manNote: Strictly speaking, “thing” is NOT synonymouswith “property”. HOWEVER, the New Civil Codeuses these terms interchangeably.
Requisites/Characteristics: (USA)
1.
u
tility – ability to serve as a means to satisfyhuman needs
2.
s
ubstantivity or individuality separate andautonomous existence
3.
a
ppropriability even if not yet actuallyappropriated
(Reyes-Puno, p.1)
CLASSIFICATION OF PROPERTYKinds of Properties:
1.
Immovable or real
(Art. 415)
2.
Movable or personal
(Arts. 416, 417)
The human body, whether alive or dead, isneither real nor personal property, for it is noteven property at all, in that it generally cannotbe appropriated. Under certain conditions, thebody of a person or parts thereof may be thesubject matter of a transaction
(See RA No.349, RA No. 7170, RA No. 7719).
Parties to a contract may treat as personalproperty that which by nature is real property;and it is a familiar phenomenon to see thingsclassed as real property for purposes of taxation which on general principle might beconsidered personal property
(Standard Oil Co. vs. Jaranillo GR No. 20329, March 16,1923).
IMMOVABLE PROPERTIESCategories: (NIDA)
1.
Real by
n
ature it cannot be carried fromplace to place
(pars. 1 & 8, Art. 415)
2.
Real by
i
ncorporation attached to animmovable in a fixed manner to be an integralpart thereof 
(pars. 1–3 Art. 415)
3.
Real by
d
estination – placed in an immovablefor the utility it gives to the activity carriedthereon
(pars. 4–7 and 9 Art. 415)
4.
Real by
a
nalogy – it is so classified by expressprovision of law
(par. 10, Art. 415)
Types of Immovable Properties
(Art. 415)
1.Land, buildings, roads and constructionsof all kinds adhered to the soil
Where a building is sold to be demolishedimmediately, it is to be regarded asmovable because the subject matter of thecontract is really the materials thereof.
Buildings are immovables byincorporation. Hence, their adherence tothe land must be permanent and
EXECUTIVE COMMITTEE:
HERBERT CALVIN ABUGAN overall chair and chair academics operations, MANOLO ADEL SANTOS chair hoteloperations, GRACE SARAH TRIA vice chair for operations, JUAN CARLOS NUESTRO vice chair for academics, MAEANGELIE ETANG vice chair for secretariat, KRISTINE ANNABELLEE HIPOS vice chair for finance, EIREENE XINA ACOSTAvice chair for edp, ACE JELLO CONCEPCION vice chair for logistics
CIVIL LAW:
FRANCESCA LOURDES SENGA subject chair, SHEENA MARIE ABELLA assistant subject chair, ACE ARVIN GANDO edp,FRANCESCA LOURDES SENGA persons and family relations, CRISCELYN CARAYUGAN property, MA. PELISA CORAZONPARIDO and MARY IVY ANNE GALANG wills and succession, MARIA DANIAFLOR BERAMO and COLLEEN INFANTEobligations and contracts, MARY IVY ANNE GALANG sales and lease, EVA CHRISTINE NAPARAN partnership, agency andtrust, KATHERINE ANN ASILO credit transactions, SHEENA MARIE ABELLA torts and damages, JAN PEARL PORTUGALland titles and deeds, JAN MANUELLE REYES conflict of laws
MEMBERS:
Aldren Abrigo, Lloyd Elgene Apostol, Joanna Arellano, Jonathan Bajeta, Paul Isaac Barrameda, Barbara JenifferBautista, Arlene Borja, Leana BlascoKeith Francis Briones, Angelita Calalang, Uelah Cangco, Kristine Paula Chu, Benedicto Claravall, Diane Therese Dauz,Herbert Davis, Riyah Lalaine Domingo, Ana Ofloda delos Reyes, Ramona Diozo, Clarissa Enano-Caenano, Carla
ň
 Esplana, Diana Fajardo, Leoponville Ndota Wambui Gitau, Kristine Carmela Gonzales, Daisy Joy Jalova, Roehl Joson, Jackie Lamug, Flocerfina Lloren, Jerome Matas, Herbert Matienzo, Charlene Clara, Mendoza, Kristel Concepcion Ona, Joanna Marie Paguio, Patricia Salang, Christine Santos, Rio Rose Santos, Charlotte Sayson, Mary Meilani Suyat, JezreelCaridad Taguba, Florence Tolentino, Philip Torres, Gilda Villanueva, Joan Grace Wilson, Joshua Villena, Raul Canon,Deogracias Natividad
 
43 |2009 CENTRALIZED BAR OPERATIONS
San Beda College of Law
substantial. Portable structures are notimmovables.
 A building is an immovable even if noterected by the owner of the land. The onlycriterion is union or incorporation with thesoil.
(Ladera vs. Hodges CA-GR No.8027-R, September 23, 1952).
 A building is real property thus, its sale asannotated in the Chattel MortgageRegistry cannot be given the legal effectof registration in the Registry of RealProperty
(Leung Yee vs. StronMachinery Co. GR No. L-11658 February 15, 1918).
2.Trees, plants, and growing fruits
When trees are cut or uprooted,incorporation ceases and they becomemovables; timber is still integral part of animmovable property when it constitutes thenatural product of the latter.
For purposes of attachment, execution,and the Chattel Mortgage Law, growingcrops have the nature of personal property
(Sibal vs. Valdez GR No. L-27352, August 4, 1927).
3.Everything attached to an immovable in afixed manner 
The attachment need not be made by theowner.
The breakage or injury, in case of separation, must be substantial.
The fact that the machineries were boltedor cemented on real property mortgageddoes not make them ipso facto immovableunder Art. 415 (3) and (5) as the partiesintent has to be looked into. Even if theproperties appear to be immovable bynature, nothing prohibits the parties fromtreating them as chattels to secure anobligation under the principle of estoppel
(Tsai vs. CA, GR No. 120098, October 2,2001).
4.Statues, reliefs, paintings, or other objectsfor use or ornamentationRequisites:
a.Placed by the owner or by a tenant asagent of the owner b.With the intention of attaching thempermanently, even if adherence will notinvolve breakage or injury
5.Machinery, receptacles, instruments, or implements for an industry or worksRequisites:
a.The machinery, etc. must be placed by theowner of the tenement or his agentb.The industry or works must be carried onin a building or on a piece of landc.The machinery, etc. must tend directly tomeet the needs of the said industry or works
Movable equipments, to be immobilized incontemplation of law, must be essential andprincipal elements of an industry or works
(Mindanao Bus Co. vs. City Assessor anTreasurer GR No. L-17870, September 29,1962).
Machinery, movable in nature, becomesimmobilized when placed on a plant by theowner of the property but not so when placedby a tenant, usufructuary or a person havingonly a temporary right unless such personacted as agent of the owner 
(Davao Sawmill Co. vs. Castillo GR No. 40411, August 7,1935).
There are 2 views on the effect of the temporaryseparation of movables from the immovables towhich they are attached:a.They continue to be regarded asimmovables.
b.
Fact of separation determines thecondition of the object
(supported by Paras and Tolentino)
If the machine is still in the building, but is nolonger used in the industry, the machinereverts to the condition of a chattel. On theother hand, if still needed for the industry, butseparated from the tenement temporarily, theproperty continues to be an immovable
(Paras, p.20).
6.Animal houses, pigeon houses, beehives,fish ponds, etc.Requisites:
a.Placed by the owner, or by a tenant asagent of the owner, with the intention of permanent attachmentb.Forms a permanent part of the immovable
7.Fertilize
“Actually used” means that it has beenspread over the land.
8.Mines, quarries and slag dumps
They are considered as realty only if thematter remains unsevered from the soil.Once severed, they become personalty.
9.Docks and Structures
43
 
San Beda College of Law
 
MEMORY AID IN CIVIL LAW| 44
Vessels are considered personal propertyunder the Civil Law as well as under thecommon law, although occasionallyreferred to as a peculiar kind of personalproperty.
(Phil. Refining Co., Inc. vs. JarqueGR No. 41506, March 25, 1935).
10.Contracts for Public works, and servitudesand other real rights
 A personal right is always regarded aspersonal property. The exception is in thecase of contracts for public works whichare considered as real property.
MOVABLE PROPERTIESTests:
1.By exclusion: all not included in Art. 4152.By description: an object is movable if:a.It can be transported from place toplace;b.Without substantial injury to theimmovable to which it is attached.3.Real Property considered as personal propertyby special provision of law.
Kinds of Movable Properties (ASFTOS):
1.
Those movables susceptible of 
a
ppropriation
which are not included in the preceding article
2.
Real property which by any
s
pecial provisionof law is considered personalty
3.
F
orces of nature which are brought undecontrol by science
4.
In general, all things which can be
t
ransportedfrom place to place without impairment of thereal property to which they are fixed
(Art. 416)
5.
O
bligations and actions which have for their object movables or demandable sums
6.
S
hares of agricultural, commercial andindustrial entities, although they may have realestate
(Art. 417)
Classifications of Movables:
1.By Nature:
a.
Consumable
- cannot be usedaccording to its nature without it beingconsumed.
b.
Non-consumable
- any other kindof movable property
(Art. 418).
2.By Intention:
a.
Fungible
- replaceable by anequal quality and quantity, either by natureof things or agreement.
b.
Non-fungibles
- irreplaceablebecause identical objects must bereturned.Note: The New Civil Code, in many instances,uses the terms
consumable
and
fungible
interchangeably.
PROPERTY IN RELATION TO WHOM ITBELONGS
(Arts. 419–425)
Property is either of:
1.public dominion2.private ownership
I.Property of Public Dominion
Concept 
:
It does not import the idea of ownership.It is not owned by the state but simply under its jurisdiction and administration for the collectiveenjoyment of people. The ownership of suchproperties is in the social group, whether national,provincial or municipal.
Purpose:
To serve the citizens and not the stateas a juridical person.
Kinds:
1.
For public use
 
 – may be used by anybody
2.
For public service
 
 – may be used only byauthorized persons3.
For the development of national wealth
The charging of fees to the public does notdetermine the character of the property,whether it is of public dominion or not. Art. 420defines property of public dominion as oneintended for public use. Even if thegovernment collects toll fees, the road is still“intended for public use” if anyone can use itunder the same terms and conditions as therest of the public (
MIIA vs. CA, GR No.155650, July 20, 2006 
).
Characteristics:
(OI-PAE)
1.
O
utside the commerce of man
2.
I
nalienable, but when it is no longer needed for public use or service, it may be declaredpatrimonial property.
3.
Cannot be acquired by
p
rescription
4.
Not subject to
a
ttachment or execution
5.
Cannot be burdened with
e
asementsNote: They CANNOT be registered under the landregistration law and be the subject of a Torrenstitle. The character of public property is notaffected by possession or even a Torrens Title infavor of private persons
(Palanca vs.Commonwealth, GR No. 46373, Jan. 29, 1940).
 As property of public dominion, the Roppongilot is outside the commerce of man. The factthat it has not been used for a long time doesnot automatically convert it to patrimonialproperty. The conversion happens only if theabandonment is definite and upon a formal

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