PROPERTY

QUALITIES:
1. Utility
2. Individuality
3. Appropriatibility
CLASSIFICATIONS:
1. Nature/Mobility
a. Real/Immovable
b. Personal/Movable
2. Ownership
a. Public
b. Private
3. Divisibility
a. Divisible
b. Indivisible
4. Susceptibility to Appropriation
a. Fungible
i. 10K not the same bills
b. Non-fungible
i. Rare coins
5. Consummability
a. Consumable
b. Non-consumable
6. Dependence or Importance
a. Principal
b. Accessory
7. Manifestability to Senses

a. Corporeal
i. You can see, touch, taste, etc.
b. Non Corporeal
i. Real Rights (jus in re)
Object is real/personal property
ii. Personal Rights (jus in personam or ad
rem)
Object is Prestation and
Obligation
080715
1. Body parts cannot be subject matter of an
appropriation
a. Human trafficking = body is outside
commerce of man
b. Kidney selling = against public morals
c. Blood transfusion/donation = allowed; with
consent
2. Res Communes not capable of appropriation in
their entirety; of common use
a. Ex: sunlight, oxygen (except when in an
oxygen tank)
3. Res Alicujus thing of somebody
4. Res Nullius thing not owned by anybody
Real Rights right of a person over a specific thing
against the whole world
Right over my house (ownership)
IN REM (against the whole world)
Personal right with respect to another person, with a
definite subject for the fulfillment of his obligation
Contract of Sale

IN PERSONA against a definite person

Other classifications:
Alienability
o Within our outside commerce of men
Existence in Time
o Present or future property
Dependence
o Principal or accessory
Definiteness
o Generic or specific
Manifestability to the senses
o Corporeal or incorporeal

b. Personal: chattel mortgage, loan,

mutuum, deposit, pledge
5. Donation
a. Real: public instruments (one that is
notarized)
b. Personal: oral is sufficient
i. EXCEPT: if value is above 5K, then
private instrument required
6. Prescription
a. Real: 30 years
b. Personal: 8 years
7. Registration
a. Real: with Registry of Deeds
b. Personal: with specified agency
i. Ex: Phil. Coast Guard for vessels

IMPORTANCE OF CLASSIFICATION
1. Private International Law
a. Real: law of country of location applies
b. Personal: law of nationality/domicile
applies
2. Criminal Law
a. Real: if illegally occupied, crime is
usurpation of property
b. Personal: crime is robbery/theft
Laurel v. Abroga theft (not double jeopardy since
the respondent hasnt been arraigned)
3. Procedural
a. Real: court of location has jurisdiction
b. Personal: court of residence of owner has
jurisdiction
4. Contracts
a. Real: real estate mortgage (object is real
estate), antichresis (a mortgage
transaction too)

ART. 415 Immovable/Real Properties

1. LANDS, BUILDINGS, ROADS AND CONSTRUCTIONS
OF ALL KINDS
Lease on a building
Lease when building and land dont have the
same owners: LAW MAKES NO DISTINCTION
still immovable
Chattel mortgage between parties still valid;
registered in the Register of Deeds
o Not binding on third persons
Can a mortgagor sell his property mortgaged?
YES!
o If the third person is the person to whom
the house is sold, the chattel mortgage
binding upon the original parties, isnt
binding to him. So the property belongs to
the third person.

2. TREES, PLANTS, GROWING FRUITS

Even before harvesting, a contract may be
entered into for the sale of fruits
3. EVERYTHING ATTACHED TO IMMOVABLES IN A
FIXED MANNER
Walls, roof
4. STATUES, RELIEFS, PAINTINGS, OTHER OBJECTS FOR
USE OR ORNAMENTATION
Must be placed by the owner or his agent
Movable if not the intent of the owner to
make permanent
Movable also if the one who placed it is not
the owner/agent
5. MACHINERY
Can the owner of the machinery and the
instrument be different in order to become
real property? NO. He must be the owner of
the machinaries itself.
Must tend directly to meet the needs of the
industry
6. ANIMAL HOUSES, PIGEON HOUSES, BEEHIVES, FISH
PONDS OR BREEDING PLACES OF SIMILAR NATURE
For preservation
Animals included
7. FERTILIZERS
8. MINES, QUARRIES, SLAG DUMPS
Matter thereof must remain in soil
9. DOCKS, STRUCTURES,

10. CONTRACTS FOR PUBLIC WORKS

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CLASSIFICATIONS OF PROPERTY IN RELATION TO
WHOM IT BELONGS (not own, theres no right of
disposition)
1. State/Political Subdivision/LGU
a. Properties of Public Domain
i. Sovereign Function
ii. Governmental Function
b. Under Public Domain:

i. Public Use roads, rivers, canals

ii. Public Service city hall, court room,
iii. Development of National Wealth
minerals, oil, forests
2. State/Political/LGU
a. Properties of Patrimonial Property
i. Propriety Function
3. Private Individuals or Corporations
a. Private Property