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Art. 414- Ownership

Art. 414- Ownership

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I. DEFINITION OF PROPERTY 
PROPERTY 
 
Is an economic concept, meaning a mass of thingsuseful to human activity and which are necessary tolife, for which reason they may be organized anddistributed in one way or another, but, always for thegood of the main.
 
In order that a thing may be considered as property:
o
 
Utility
 –
capacity to satisfy human wants
o
 
Individuality or Substantivity
 –
an autonomousor separate existence; materials composing athing are not thing in themselves.
o
 
 Appropriability or susceptibility toappropriation
 A.
 
Classification under the Civil Code
1.
 
Immovable or Real Property
1.
 
Lands, buildings, road and constructions
of allkinds adhered to the soil.2.
 
Trees, plants, growing fruits
while they areattached to the land or form an integral part of animmovable3.
 
Everything attached
to an immovable in a fixedmanner, in such a way that it cannot be removedwithout breaking the material or deterioration of the object4.
 
Statues, reliefs, paintings or other objectsfor use or ornamentation
, placed in buildings oron lands by the owner of the immovable in such amanner that it reveals the intention to attach thempermanently to the tenements5.
 
Machineries, receptacles, instruments andimplements
intended by the owner of thetenement for industry or works which may becarried on in a building or on a piece of land, andwhich tends directly to meet the needs of the saidindustry or works6.
 
 Animal houses, pigeon houses, beehives, fishponds or breeding places of similar nature
, incase their owner has placed them or preservesthem with the intention to have them permanentlyattached to the land, and forming a permanentpart of it; the animals in these places are included;7.
 
Fertilizer
actually used on a piece of land8.
 
Mines, quarries, and slag dumps
, while thematter thereof forms part of the bed, and waterseither running or stagnant9.
 
Docks and structures
which, though floating areintended by their nature and object to remain at afixed place on a river, lake or coast10.
 
Contract
for public works and
servitudes
and
other real rights
over immovable propertya.
 
By Nature
 –
those which cannot be moved fromplace to place Art 415, Par 1 Land, buildings, road and constructions of allkinds Art 415, Par 8 Mines, quarries and slag dumpsb.
 
By Incorporation Art 415, Par 2 Trees, plants and growing fruits Art 415, Par 3 Everything attached to an immovable Art 415, Par 7 Fertilizersc.
 
By Destination Art 415, Par 4 Statues, reliefs, paintings and other objects foruse or ornamentation Art 415, Par 5 Machines, receptacles, implements andinstruments Art 415, Par 6 Animal houses, pigeon-houses, beehives,fishponds and breeding places of similar nature Art 415, Par 9 Docks and structuresd.
 
By Analogy Art 415, Par 10 Contracts for public works, servitudes and otherreal rights over immovable property
Movables or Personal Property
 Art 416 The following are things deemed to be movableproperty:(1)
 
Those movables susceptible of appropriation which arenot included in the preceding article(2)
 
RP which by any special provision of law is consideredas personalty(3)
 
Forces of nature which are brought under the controlby science(4)
 
In general, all things which can be transported fromplace to place without impairment of the real propertyto which they are fixed (c.f. Art 415 No 3) Art 417 The following are also considered as personal property:(1)
 
Obligations and actions which have for their objectsmovables or demandable sums(2)
 
Shares of stock of agricultural, commercial andindustrial entities, although they may have real estate2.
 
Importance and Significance of ClassificationFrom point of view of:i.
 
Criminal Lawii.
 
Form of contracts involving movables or immovablesiii.
 
Prescriptioniv.
 
 Venue/Jurisdictionv.
 
Taxationvi.
 
Double Sales under Art 1544 Art 1544 If the
same thing
should have been sold to
different vendees
, the ownership shall be transferred tothe person who may have
first taken possession
thereof 
in good faith
, if it should be
IMMOVABLE PROPERTY 
.
(applies to unregistered lands) 
 
For registered lands: 
Should it be
IMMOVABLE PROPERTY 
, the ownership shall belong to the personacquiring it who in
good faith
,
first recorded
it in theRegistry of Property.Should there be
no inscription
, the ownership shall pertainto the person who in good faith was first
in thepossession
; and, in the absence thereof, to the personwho presents the
oldest title
, provided there is good faith.vii.
 
Preference of Creditsviii.
 
Causes of Action to Recover3.
 
Differences between Real Rights and Personal Rights
Point of comparisonREAL RIGHTS PERSONALRIGHTS
Definition Power belonging toa person over aspecific thing,without a passivesubject individuallydetermined againstwhom such rightmay be personallyexercisedPower belonging toone person todemand toanother, as adefinite passivesubject, thefulfillment of aprestation to give,to do or not to doElements 1)
 
Subject andobjectconnected by arelation of ownership of the former overthe latter2)
 
 A generalobligation or1)
 
Two subjects:active andpassive(bound toperformprestationincumbentupon him byreason of a
 
duty of respectfor suchrelation, therebeing noparticularpassive subject3)
 
Effectiveactionsrecognized bylaw to protectsuch relationagainst anyonewho may wantto disturb it juridical tiewhich bindshim to theactivesubject), whoaredeterminedand specified2)
 
Generalobligation onthe part of 3
rd
 persons torespect therelationbetween theactive andpassivesubjects3)
 
Effectiveactions infavor of theactive subjectagainst thepassivesubject for theperformanceof theprestation bythe latter or sothat therelationbetween themmay produceits natural and juridicaleffects Also known as
Jus in re Jus ad rem 
Number of personsinvolved in the juridical relation Active subject
 –
1Passive subject -the rest of theworld withoutindividualdeterminationDefinite activesubjectDefinite passivesubjectObject of the juridical relationGenerally acorporeal thingIntangible thing,i.e. the prestationof the debtorBy the manner inwhich the will of theactive subject affectsthe thing related to itGenerally affectsthe thing directlyIndirectly throughthe prestation of the debtorBy the causes of creating the juridicalrelationBy mode and title By title aloneBy the methods of extinguishment of the juridical relationExtinguished by theloss or destructionof the thingNot extinguishedby the loss ordestruction of thethingBy the nature of theactions arising fromthemReal actions againstthird personsOnly personalactions against thedefinite debtor
B.
 
Classification by Ownership
1.
 
Res Nullius
 
 –
does not belong and are not enjoyed byanyone e.g. abandoned property and hidden treasure2.
 
Public Dominion
 –
owned by the state but enjoyed byall its citizens
cf. Patrimonial Property of State 
 Art 419 Property is either of public dominion or privateownership. Art 420 The following are things of public dominion:(1)
 
Those intended for
public use
, such as roads, canals,rivers, torrents, ports and bridges, constructed by theState, banks, shores, roadsteads and other of similarcharacter(2)
 
Those which belong to the State, without being forpublic use, and are intended for some
public service
 or for the
development of national wealth
  Art 421
 All other property
of the State, which is not of thecharacter stated in the preceding article, is
patrimonialproperty
  Art 422 Property of public dominion, when
no longer intended
 for
public use
or
public service
, shall form part of thepatrimonial property of the State. Art 424
Property for public use
, in the provinces, cities, andmunicipalities, consists of the provincial roads, city streets,municipal streets, the squares, fountains, public waters,promenades and public works for public service paid for by saidprovinces, cities, or municipalities. All other property possessed by any of them is
patrimonial
,and shall be governed by this Code, without prejudice to theprovisions of special laws.a.
 
Property of State Art 420 Art 421 Art 422 see abovei.
 
For public useii.
 
For public serviceiii.
 
For development of national wealthb.
 
Property of Municipal Corporations Art 424, Par 1 see abovei.
 
For public use including public works for public service3.
 
Private Propertya.
 
Patrimonial Property of State Art 421 see aboveb.
 
Patrimonial Property of Municipal Corporations Art 424, Par 2 see abovec.
 
Private Property of Private Persons Art 425 Property of private ownership, besidesthe patrimonial property of the State,provinces, cities and municipalities, consists of all property
belonging to private persons
,either individually or collectively.4.
 
Effect and Significance of Classification of Property asProperty of Public Dominiona.
 
Property is
outside the commerce
of manb.
 
Property cannot be the subject of 
acquisitiveprescription
 c.
 
Property cannot be
attached or levied
uponin executiond.
 
Property cannot be burdened with a
voluntary easement
 
C.
 
Other Classifications
1.
 
By their physical existence
a.
 
Corporeal
 –
those which are manifest to thesenses, which we may touch or take, which exist inspace and have a body, whether animate orinanimate
b.
 
Incorporeal
 –
personal prestations or acts orservices productive of utility. They are not manifestto the senses but are conceived only by theunderstanding. They must combine threerequisites:i.
 
External
 –
manifested actii.
 
Personal
 –
done by the debtor himself iii.
 
Possible
 –
when it can be done both innature and in law
 
 2.
 
By their autonomy or dependence
a.
 
Principal
 –
those which other things are considereddependent or subordinated e.g. lands on which ahouse is built
b.
 
 Accessory
 –
dependent upon or subordinated tothe principal e.g. house in the preceding example3.
 
By their subsistence after use Art 418 Movable property is either consumable or non-consummable. To the first class belong those movableswhich cannot be used in a manner appropriate to theirnature
without being consumed
. To the secondclass belong
all the others
.
a.
 
Consumable
 –
whose used according to theirnature destroys the substance of the thing orcauses their loss to the owner e.g. food
b.
 
Non-consumable
 –
not consumed by use
Differentiated from Fungible or Non-fungible
Fungible
 –
depends upon possibility (because of their nature orthe will of the parties) of being substituted by others of thesame kind, not having distinct individuality; those which belongto the common genus which includes several species of thesame kind, perfectly permitting substitution of one by the othersNon-fungible
 –
those which have their own individuality(specifically determined) and do not admit of substitution
c.
 
Deteriorable or non-deteriorable4.
 
By reason of their susceptibility to division
a.
 
Divisible
 –
can be divided physically or juridicallywithout injury to their nature e.g. piece of land,inheritance
b.
 
Indivisible
 –
those which cannot be divided withoutdestroying their nature or rendering impossible thefulfillment of the juridical relation of which they arethe object e.g. horse5.
 
By reason of designation
a.
 
Generic
 –
indicates its homogenous nature, but notthe individual e.g. horse, house, dress
b.
 
Specific
 –
indicates the specie or its nature and theindividual e.g. white horse of X or house No. 20 at Y Street6.
 
By their existence in point of time
a.
 
Present
 –
exist in actuality, either physical or legale.g. erected building, not that which is planned
b.
 
Future
 –
do not exist in actuality, but whoseexistence can reasonably be expected with more orless probability e.g. ungathered fruits7.
 
By reason of contents and constitution
a.
 
Singulari.
 
Simpleii.
 
Compound
b.
 
Universal
 –
when several things collectively form asingle object in law under one name, which may bein fact e.g. warehouse, herd OR in law e.g.inheritance or dowry8.
 
By reason of susceptibility to appropriation
a.
 
Non-appropriable
b.
 
 Appropriablei.
 
 Already appropriatedii.
 
Not yet appropriated9.
 
By reason of susceptibility to commerce
a.
 
Within the commerce of man
b.
 
Outside the commerce of manII. OWNERSHIP
 A.
 
DefinitionOWNERSHIP
 
J. B. L. Reyes: 
It is
independent right
of 
exclusiveenjoyment and control
of a thing for the purpose of deriving therefrom all the
advantages
required by the:
o
 
Reasonable needs of the owner (or holder of the right) and
o
 
Promotion of the general welfareBut
subject to the restrictions
imposed by:
o
 
Law
o
 
Rights of others
 
Scialoja: 
It is a
relation in private law
by virtue of which is a thing (or property right) pertaining to oneperson is completely
subjected to his will
ineverything not prohibited by
public law
or the
concurrence with the rights of another
 
o
 
Sir actually prefers this definition 
B.
 
Bundle of Rights included in Ownership
 Art 429 The owner or lawful possessor of a thing has the
rightto exclude
any person from the
enjoyment
and
disposal
 thereof. For this purpose, he may use such force as may bereasonably necessary to
repel or prevent
an actual orthreatened unlawful physical invasion or usurpation of hisproperty.
 
Jus Utendi 
 
 –
right to use and enjoy the propertywithout destroying its substance
 
Jus Abutendi 
 –
right to use and enjoy by consuming thething by its use
 
Jus Fruendi 
 
 –
right to receive the fruits
 
Jus Disponendi 
 
 –
right to dispose or the power of theowner to alienate, encumber, transform and evendestroy the thing owned
 
Jus Vindicandi 
 
 –
right to recover a thing
C.
 
Other Specific Rights found in the Civil Code
1.
 
Right to exclude; self-help; Doctrine of Self-help Art 429 see above
ELEMENTS OF SELF-HELP 
2.
 
Right to enclose or fence Art 430 Every owner may enclose of fence his land ortenements by means of walls, ditches, live or deadhedges, or by any other means without detriment toservitudes consisted thereon.
3.
 
Right to receive just compensation in case of expropriation Art 435 No person shall be deprived of his propertyexcept by
competent authority
and for
public use
 and always upon
 just compensation
.
4.
 
Right to hidden treasure Art 438 Hidden treasure belongs to the owner of theland, buiding or other property on which it is found.Nevertheless, when the discovery is made on the
property of another
, OR of the
State
or any of itssubdivisions, and
by chance
 
 –
½ thereof shall beallowed to the finder. If the finder is a
trespasser
, heshall not be entitled to any share of the treasure.If the things found be
of interest to science or thearts
, the State may acquire them at their just price,which shall be divided in conformity with the rulestated. Art 439 By treasure is understood, for legal purposes,any
hidden and unknown deposit
of 
money
,
 jewelry
, or other
precious objects
, the
lawfulownership
of which does not appear.
5.
 
Right to space and subsoil Art 437
6.
 
Right to accession Art 440 The ownership of property gives the right byaccession to:
o
 
Everything which is produced thereby(
accession discreta 
)

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