Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S.

Santos (4CLM)

CLASSIFICATION OF PROPERTY
-immovable or real property -movable or personal property *THING (cosa) any object that exists and is capable of satisfying human needs - includes objects already possessed (res alicujus) and those that are capable of being possessed *PROPERTY (bienes) anything which is already the object of appropriation or is found in the possession of man Requisites of Property 1.UTILITY capacity to satisfy human wants 2.SUBSTANTIATION individuality; the quality of having existence apart from any other thing 3.APPROPRIABILITY susceptibility of being possessed by men *NB: -common things (res communes) are NOT capable of appropriation in their entirety BUT they may be appropriated under certain conditions in a limited. Ex: sunlight=electricity; air=oxygen) -things can NOT be considered as property when they are not susceptible of appropriation because of the ff: a. physical impossibility b. legal impossibility c. outside the commerce of men RIGHTS AS PROPERTY Real Rights (Jus In Re) -right or interest belonging to a person over a specific thing without a definite passive subject against whom such right may be personally enforced Classification of Real Rights based upon dominion 1. Domino Pleno power to enjoy and to dispose are united a.Dominion b. Civil Possession c. Hereditary right 2. Domino Menos Pleno powers to enjoy and to dispose are separated a. surface rights b. usufruct 3. Domino Limitado power to enjoy and dispose, though united, are limited a. by a charge b. by a guaranty c. by a privilege Personal Rights (Jus in Personam/ Jus ad Rem) -right or power of a person (creditor or oblige) to demand from another (debtor or obligor) as a definite passive subject, the fulfillment of the latters obligation Elements: 1. Active Subject 2. Passive Subject 3. Object or prestation 4. Juridical or Legal Tie CLASSIFICATION OF PROPERTY 1. Nature a. Real (Art. 415, CCP) b. Personal (Art. 416-417, CCP) c. mixed 2. Ownership a. Public b. Private

3.

Divisibility a. Divisible b. Indivisible 4. Consumability a. Consumable b. Non-Consumable 5. Susceptibility of Distribution a. Fungible b. Non-Fungible 6. Alienability a. Within the commerce of men b. Outside the commerce of men 7. Existence in time a. Existing b. Future 8. Dependence or Importance a. Principal b. Accessory 9. Definitiveness or Designation a. Generic b. Specific 10. Manifestability to the Senses a. Corporeal b. Incorporeal

Importance of Classification (special rules): 1. PRIVATE INTERNATIONAL LAW: immovables are governed by the country in which they are located; movables are governed by the personal law of the owner his nationality or his domicile 2. CRIMINAL LAW: immovables usurpation of property; movables theft and robbery 3. PROCEDURE: actions concerning real property RTC where the property is located; personal property court where the defendant reside or may be found 4. ACTION TO RECOVER POSSESSION: for immovables action for forcible entry or unlawful detainer (accion interdictal, publiciana, reinvindicatoria); for movables remedy of replevin, manual delivery of personal property 5. CONTRACTS: immovables subject matter of real mortgage and antichresis; movables subject matter of simple loan or mutuum, voluntary deposit, pledge and chattel mortgage 6. DONATION: immovables valid if made in a public instrument; movables may be made orally or in writing unless the value exceeds P5,000, in which case, therell be a need for private instrument 7. PRESCRIPTION: immovables acquired through prescription although there is bad faith, in 30 years; movables 8 years 8. REGISTRATION: immovables recorded in the rd Registry of Property to affect 3 persons; movables not required except in cases of chattel mortgage Mixed Property/Semi-movables things which are strictly neither movables nor immovables but partake of the nature of both Ex: -movables that are rendered immovables by reason of attachment; -immovables that are treated movables because they can be transplanted or dismantled and moved to another place without impairing their substance -animals in animal houses are classified as immovables though transferrable from place to place or can move by themselves.

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Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. Santos (4CLM)

IMMOVABLE PROPERTY
Art. 415 The ff. are immovable property: 1. Land, buildings, roads and constructions 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; 3. Everything attached to an immovable in a fixed manner, in such a way that it can not be separated therefrom without breaking the material or deterioration of the object; 4. Statutes, 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 to 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 the said industry or works; 6. Animal houses, pigeon houses, beehives, fish ponds and 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. Fertilizers actually used on a piece of land; 8. Mines, quarries and slag dumps, while the matter thereof forms a 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 at a fixed place on a river, lake or coast; 10. Contracts for pubic works and servitudes and other real rights over immovable property. Lands, Buildings, Roads and Constructions of All Kinds -must adhere to the soil LAND: real property by nature and definition even if rented. BUILDINGS: immovable if permanent in structure, independent and regardless of the ownership of the land on which it is erected -a structure which is superimposed may be considered movable (ex: barong-barong) -house which is sold to be demolished is movable -once a house is demolished, its character as an immovable ceases ROADS and CONSTUCTIONS: immovable as long as there is an intent to attach it permanently Trees, Plants and Growing Fruits TREES AND PLANTS: once trees and plants are cut or uprooted, they become movable GROWING FRUITS: growing crops or ungathered products or fruits may be treated as personal property -when growing crops are sold, the transaction is considered as sale of movables because it is understood that they are to be gathered or harvested for delivery and thus are no longer attached to the land or integral parts thereof

Everything Attached to an Immovable in a Fixed Manner - although things mentioned in Art.415, #3 are temporarily separated from the immovable, they shall continue to be regarded as immovable if there is an intent to put them back - all objects placed with an intention of permanent annexation become part of the land and lose their identity as movables or chattels Statues, Reliefs, Painting or other Objects used for Ornamentation - objects must be placed by the owner: if placed by a person not the owner of the immovable, the object will not attain the character of an immovable unless such person acts as an agent of the owner -there must be an intention to attach them permanently -immovable both by incorporation, attachment or destination Machinery, Receptacles, Instruments or Instruments for an Industry or Works 3 requisites: 1. Machinery, etc., must be places by the owner of the tenement or his agent 2. The industry or works must be carried on in a building or on a piece of land 3. The machinery, etc. must tend directly to meet the needs of the said industry or works - immovable character of the objects depends uppo their being destined for use in the industry or works carried on in a building or on a piece of land; may or may not be attached to an immovable; the moment they are no longer used or needed in the industry, they revert to their normal condition of movables, although they are not separated from the immovable - as long as they are utilized or still needed in the industry, they continue to be immovable although temporarily separated from the tenement Animal Houses, Pigeon Houses, Beehives, Fish Ponds or Breeding Places of Similar Nature Animals: since animals can be moved from place to place without injury, they are to be regarded as personal property IN CASE of alienation and for purposes of criminal law (robbery or theft) Fertilizers: must actually be used - fertilizers already on land but still in their containers are still regarded as movables Mines, Quarries, Slag Dumps -once severed, they become movable, for then they are no longer mines but minerals Contracts for Public Works and Servitudes and other Real Rights over Immovables - where the res of a real right is real property, the right itself is a real property; where it is personal property, the right itself is personal property - A personal right is always regarded personal property EXCEPT in the case of contract for public works which are considered as real property

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Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. Santos (4CLM)

MOVABLE PROPERTY
Art. 416 The ff. things 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 provision of law is considered as personalty; 3. Forces of nature which are brought under control by science; and 4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. Art. 417 The ff. are also considered as personal property: 1. Obligations and actions which have for their object movables or demandable sums; and 2. Shares of stock of agricultural, commercial and industrial entities, although they may have real estate Art. 418: Consumables and Non-Consumables - consumable goods cannot be the subject matter of a contract of commodatum unless the purpose of the contract is not the consumption of the object, as when it is merely for exhibition - in simple loan or mutuum, the subject matter is money or other consumable thing Fungibles and Non-Fungibles FUNGIBLE: can be substituted by another thing of the same kind, quantity and quality; NON-FUNGIBLE: not replaceable in such equivalents *NB: terms consumable and fungible are interchangeable.

group and as such it takes care of and preserves the same, and regulates its use for the general welfare. Art. 420 The ff. things are property of public dominion: 1. Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; 2. Those which belong to the State without being for public use, and are intended for some public service or for the development of the national wealth 3 Kinds of Property of Public Dominion 1. Property intended for public use (can be used by everybody); 2. Property which Is not for public use but intended for some specific public services (can be used only by duly authorized persons, such as government buildings and vehicles); 3. Property, even if not employed for public use or public service, intended for the development of the national wealth (minerals, coal, oil, forest and other natural resources) Definition: 1. ROAD public ways constructed and maintained by the national government 2. CANALS artificial waterways designed for navigation or for irrigating or draining land 3. PORT place where ships may take on or discharge cargo 4. SHORES portion of the land bordering the sea and which is subject to the ebb and flow of the waters 5. ROADSTEAD place less sheltered or enclosed than a harbor where ships may ride at anchor 6. RIVERS natural surface stream of water of considerable volume and permanent seasonal flow; a compound concept consisting of running water, bed and banks 7. TORRENTS a violent stream of water as a flooded river or one suddenly raised by a heavy rain descending a steep incline 8. BANKS lateral strips or zones of its bed which are washed by the stream only during such high floods as do not cause inundations 9. CREEKS small islet extending further into the land; a natural stream of water normally smaller than and often tributary to a river Property of Public Dominion are Outside Commerce of Men Hence: 1. Can not be sold, leased, or otherwise be the subject matter of contracts; may not be bargained away through contract 2. Can not be acquired by prescription not even by municipalities as against the State 3. Can not be attached and sold at public auction to satisfy judgment 4. Can not be burdened with easements 5. Can not be registered under the land registration law and be the subject of a Torrens title Public Lands vs. Government Lands - NOT synonymous terms *PUBLIC LANDS uniformly used to describe so much of the national domain under the legislative power of Congress

PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS

Property Classified According to Ownership 1. Public Dominion or property owned by the State in its public or sovereign capacity and intended for public use and not for the use of the State as a juridical person; 2. Private Ownership or property owned by: a. The State in its private capacity (patrimonial property) b. Private persons, either individually or collectively *NB: Property is presumed to be State property in the absence of any showing to the contrary. Dominion vs. Ownership - public dominion, not public ownership As to OWNERSHIP - public dominion does NOT import the idea of ownership - property of public dominion is NOT owned by the State but simply under its jurisdiction and administration for the collective enjoyment of all people of the State. As to PURPOSE - purpose is NOT to serve the State as juridical person BUT the citizens - intended for the common and public welfare - can NOT be an object of appropriation either by the State or by private persons As to RELATION - the relation of the State to this property arises from the fact that the State is the juridical representative of the social

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Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. Santos (4CLM)
as has NOT been subjected to private right or devoted to public use - equivalent to lands of the public domain and does not include by any means all lands of government ownership but only so much of said lands as are thrown open to private appropriation and settlement by homestead law and other general laws *GOVERNMENT LANDS broader term - includes not only the first, but also other lands of the government already reserved, or devoted to public use, or subject to private rights and patrimonial lands - government owns real estate which is a part of the public lands and other real estate which is not a part thereof *NB: all natural resources belong to the State. With the exception of public agricultural lands, they are NOT subject to alienation Patrimonial Property - property of the State owned by it in its private or proprietary capacity; - not intended for public use, or for some public services, or for development of national wealth Examples: Incomes or rents of the State Vacant lands without known owner or possessor Property escheated to the State Property acquired in execution and tax sales Property donated to the government *Patrimonial Property MAY be acquired by private individuals or juridical persons through PRESCRIPTION. *PP can be an object of an ordinary contract. Conversion of Property of Public Dominion to Patrimonial Property Art. 422 Property of PUBLIC DOMINION, when no longer intended for public use or for public service, SHALL form part of the PATRIMONIAL PROPERTY of the State. *NB: provision NOT self-executing (there must be a formal declaration by the legislative dept of the government) *REGALIAN DOCTRINE all lands of public domain belong to the State and lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State Property of Political Subdivisions (Provinces, Cities and Municipalities) Art. 423 and 424 - ALL property OTHER THAN property for public use (provincial roads, city streets, municipal streets, squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities or municipalities) are PATRIMONIAL PROPERTY - speaks of property for public use, indicating that property for PUBLIC SERVICE are patrimonial. Property of Private Ownership - all property belonging to private persons either individually or collectively and those belonging to the State and any of its political subdivisions which are patrimonial in nature. *Collective Ownership includes co-ownership and ownership by corporations, partnerships and other juridical entities which are allowed under the law to acquire and possess property of all kinds

OWNERSHIP IN GENERAL
OWNERSHIP independent right of a person to the exclusive enjoyment and control of a thing, including its disposition and recovery subject only to the restrictions or limitations established by law and the rights of others. SUBJECT MATTER OF OWNERSHIP 1.Thing anything that is material (corporeal, tangible) 2.Rights real/personal Art.428 The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. Owner has also a right of action against the holder and possessor of the thing in order to recover it. RIGHTS INCLUDED IN OWNERSHIP: 1.Jus Possidendi (possess) 2.Jus Utendi (use and enjoy) 3.Jus Fruendi (fruits) 4.Jus Accessionis (Accessories) 5.Jus Abutendi (consume thing by its use) 6.Jus Dispondendi (dispose/alienate) 7.Jus Vindicandi (vindicate/recover) Right to Possess -right to hold a thing/enjoy a right -exercised in ones own name or in that of another -NOT necessarily included (ownership is different from possession) *right to possess does NOT always include the right to use -possessor may be declared an owner but he may not be entitled to possession -judgment of ownership does NOT necessarily include possession as a necessary incident -vendor is bound to deliver not only to transfer the ownership of, but also to deliver as well as warrant the thing which is the object of the sale -shall be understood as delivered, when it is placed in the control and possession of the vendor Right to Use and Enjoy -includes right ti transform and right ti exclude any person from enjoyment and disposal thereof -an owner cannot make use of his property to injure the rd rights of a 3 person Right to Receive Fruits and Accessories *FRUITS accessions (types: natural, industrial civil) -possessor who is not the owner is entitled to fruits such as: -possessor in good faith -usufructuary -lessee of an agricultural land -antichretic creditor *Gen.Rule: all accessions and accessories are included in the obligation to deliver a determinate thing although they may not have been mentioned. Right to Consume -the use that extinguishes things which are consumable Right to Dispose/Alienate May be disposed: a.Totally sale/donation b.Partially without transferring ownership, encumber as in lease, pledge, mortgage -the owner creates an encumbrance on his property that restricts the use or transfer of the same

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Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. Santos (4CLM)
*Right NOT to dispose right to dispose includes right NOT to dispose *Duty of Vendor to Transfer Ownership seller must be able to transfer ownership and he must be the owner or at least authorized by the owner of the thing sold -seller need not be the owner at the time of the perfection of the contract of sale (sufficient that he be the owner at the time of DELIVERY of the thing sold) *ownership of property pledged, mortgaged or leased -may be constituted only by the absolute owner of the thing pledged (otherwise, it is Void) -object of lease need not belong to the lessor, provided he has the ENJOYMENT of the thing. Right to Recover Possession/Ownership -owner has the right of action against the holder and possessor of the thing or right in order to recover it -right of action is a right which can be transferred by him, and his transferee can maintain either of those actions against the wrongdoer ACTIONS AVAILABLE TO RECOVER POSSESSION AND/OR OWNERSHIP Forms of actions depends on: 1.Whether the property is REAL or PERSONAL 2.Whether the purpose of the action is MERELY TO RECOVER POSSESSION or OWNERSHIP 3.BOTH to RECOVER POSSESSION and VINDICATE HIS OWNERSHIP Recovery of Personal Property REMEDY OF REPLEVIN (manual delivery of personal property) Requirements: 1.State in an affidavit that he is the owner of the property claimed; OR 2.He is entitled to the possession thereof and that it is wrongfully detained by the adverse party -both a form of PRINCIPAL remedy and PROVISIONAL remedy that would allow the detainee to retain the thing wrongfully detained by another pondente lite *need NOT be the holder of the legal title to the property (as to the applicant); sufficient that at the time he applied he is found to be entitled to the possession thereof *NB: Property validly in CUSTODIA LEGIS can not be the subject of a replevin suit Recovery of Real Property 3 kinds: A. ACCION INTERDICTAL B. ACCION PUBLICIANA C. ACCION REINVIDICATORIA ACCION INTERDICTAL Forcible Entry/ Unlawful Detainer *FORCIBLE ENTRY for a person deprived of the possession of any land or building by force, intimidation, threat, strategy or stealth; POSSESSION LIES FROM THE TIME OF ENTRY *UNLAWFUL DETAINER landlord, vendor, vendee or other person against whom the possession of any and or building is unlawfully withheld after expiration or termination of the right to hold possession; POSSESSION WAS FIRST LAWFUL, LATER ON BECAME ILLEGAL - action must be brought to the Municipal Trial Court within 1 YEAR after such unlawful deprivation or withholding of possession -issue resolved: PHYSICAL/MATERIAL POSSESSION or Possession de Facto (NOT juridical or civil possession or Possession de Jure) ACCION PUBLICIANA - Plenary Action to recover possession - Applicable for FE and UD when 1 year period has expired - Action must be brought to the Regional Trial Court within 10 YEARS -issue resolved: JURIDICAL/CIVIL POSSESSION or Possession de Jure ACCION REINVIDICATORIA - action to recover possession based on ownership - includes JUS UTENDI and JUS FRUENDI - action must be brought to the Regional Trial Court within 30 YEARS without prejudice to what is established for the acquisition of ownership and other real rights by prescription *NB: ALL 3 actions are ACTIONS IN PERSONAM (real actions but not actions in rem or actions against the whole world) and binds only the parties and their privies or successors-in-interest INJUNCTION A juridical process whereby a person is required to do or refrain from doing a particular thing Requisites: 1. There must be an existing clear and positive right over the property in question which should be judicially protected through the writ; and 2. Acts against which the injunction is to be directed are violative of the said right *a person entitled to recover possession of property from another who is in actual possession is ORDINARILY NOT ALLOWED to avail himself of the remedy of preliminary preventive or mandatory injunction BUT must bring the necessary action for the recovery of possession. *Injunction is NOT designed to protect contingent on future rights (its proper function is to maintain the status quo at the commencement of the action) *INJUNCTION CAN NOT BE A SUBSTITUTE FOR OTHER SUITS FOR RECOVERY OF POSSESSION (Accion Interdictal and Publiciana) Exception 1. Actions for Forcible Entry dispossessed may file, within 10 days from the filing of the complaint, a motion for a writ of preliminary mandatory injunction to restore him in possession 2. Possessor admittedly owner or in possession in concept of owner where the actual possessor of the property who is admittedly the owner (as proved by documentary evidence), seeks protection from a repeated or further intrusions by a stranger, the writ of injunction may be issued to restrain the acts of trespass and illegal interference with his possession. (If it turns out that the person in possession in the concept of owner for more than 1 year is not the owner, he may avail of the equitable remedy of injunction to protect his possession). 3. Possessor clearly not entitled to property when there is a clear finding of right of ownership and possession of a land in favor of the party who claims the subject property in possession of another as where the property is covered by a Torrens title pointing to such party as the disputed owner 4. Urgency, Expediency and Necessity require Immediate Possession material and irreparable injury will be done which can not be compensated by damages if the injunction sought is not granted

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Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. Santos (4CLM)
and there is no plain, speedy and adequate remedy LIMITATIONS ON THE RIGHT OF OWNERSHIP 1. Those imposed in general by the State in the exercise of the power of taxation, police power and power of eminent domain; 2. Those imposed by law such as legal easement and the requirement of legitimate in succession; 3. Those imposed by the grantor of the property on the grantee, either by contract or by last will; 4. Those imposed by the owner himself, such as voluntary easement, mortgage, pledge and lease; and 5. Those arising from conflicts of private rights such as those which take place in accession continua Police Power power of the State to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety and general welfare and convenience of the people. Power of Taxation power of the State to impose charge or burden upon persons, property or propriety rights, for the use and support of the government and to enable it to discharge its appropriate functions. Self-Help Doctrine Owner may use force as may be reasonably necessary Requisites: a. Person defending the property must be the owner/ lawful possessor b. Reasonable force (if not: liable for damages) c. No delay (exercised at the time of an actual/threatened dispossession OR immediately after dispossession to regain possession); if delay has taken place, the owner must resort to judicial process d. Actual threatened physical invasion/ usurpation Art. 430 Every owner may enclose/fence his land or tenements (building) by means of walls, ditches, live or dead hedges or by any other means without detriment to servitudes (right of way) constituted thereon. Art. 431 The owner of a thing can not make use thereof in rd such manner as to injure the rights of a 3 person -based on the police power of the State Exception: owner of a thing makes use of it in a lawful manner Art 432 DOCTRINE OF STATE NECESSITY Exception to the rule that a person cannot interfere with the right of ownership of another States that the owner of a thing has no right to prohibit interference of another with the same if the interference is necessary to avert an imminent damage, compared to the damage arising to the owner from the interference is much greater Requisites: a. Interference is necessary b. Damage to another much greater than damage to property Art 433 Actual possession under claim of ownership raises a disputable presumption of ownership True owner must resort to judicial process fo the recovery of the property Requisites to Raise Disputable Presumption of Ownership: a. There must be actual (physical/material) possession of the property b. Possession must be under claim of ownership if he fails to exercise the right, he can not use force or violence to regain possession because no one is justified to take the law in his own hands

Art 434 In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendants claim preponderance of evidence needed Pieces of Evidence to Prove Ownership: (ownership may be shown by any evidence, written or oral) a. Torrens title b. Title from the Spanish government c. Patent duly registered in the Registry of Property by the grantee d. Deed of Sale e. Operating a business for 9 years in defendants own name representing himself to the public to be the owner and the plaintiff never made any protest or objection f. Occupation of building for a long time by a party without paying rent g. Letter in which defendant recognized the ownership of the property by the plaintiff h. Adverse and exclusive possession and ownership of parcels of land for a long time attested not only by witness but also by declaration of properties, payment of taxes and a deed of mortgage executed by the possessors predecessors-ininterest as owners of the property

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