PROPERTY REVIEWER MIDTERM

ATTY. TERESITA L CRUZ

PROPERTY
All things which are or may be the object of appropriation.
THINGS vs PROPERTY
THINGS PROPERTY
Is broader in scope
All kinds of property are things Not all things are property
Refer to all objects that exist including Refers to objects already possessed by a
those which could not be appropriated by man or are in their possession
man like distant stars in the heavens
Involves only incorporeal objects Refer to intangible matters like rights and
credits

Things become immovable or movable property if they are or may be the object of
appropriation. If things are beyond control or appropriation like the heavenly stars, they
do not qualify as property.
CLASSIFICATION OF THINGS
AS TO NATURE
RES COMMUNES RES ALICUJUS RES NULLIUS
Are things which belong to Are things which owned by Are things which do not
everybody. a person or group of have any owner. Whales
persons. and sharks in the oceans;
Ex. Sunlight, moonlight, wild birds in the sky or
moving air. Exs. A person’s house and forests.
lot; pieces of jewelry; cars

AS TO MOBILITY
MOVABLE IMMOVABLE
Can be transferred from one place to Is one which cannot be transferred from
place without being destroyed. one place to place without destruction to
itself.
Ex. Chair
Ex. Concrete building, land and trees

AS TO OWNERSHIP
PUBLIC DOMINION PRIVATE PROPERTY
Refers to property pertaining to the state Property belonging to private persons,
and intended for public use, public either individually or collectively.

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service and development of national
wealth.

AS TO ALIENABLITY
ALIENABLE INALIENABLE
Within the commerce of man Outside the commerce of man
Can be the object of juridical transactions. Cannot be the object of juridical
Ex. Private land transactions.

Ex. Public plaza

AS TO INDIVIDUALITY
SPECIFIC GENERAL
Fixed, definite, and individually identified Is one which is indicated by its
homogeneity or its class
Ex. House located at No. 9, Rizal St., X
City. Ex. A horse without specifying which one.

AS TO SUSCEPTIBILITY TO TOUCH
TANGIBLE INTANGIBLE
Is one which can be physically touched Is one which could not be physically
and has existence whether real or touched.
personal property.
Ex. Credit; goodwill; rights
Exs. House; car; jewelry

AS SUSCEPTIBILITY OF SUBSTITUTION
FUNGIBLE INFUNGIBLE
Belongs to common genus permitting its Specified not subject to substitution.
substitution.
Specific house; specific car
Ex. Grains of sugar or salt; oil; vinegar

AS TO ACCESSION
PRINCIPAL ACCESSORY
That property to which another property is That property which has been united as
incorporated as an ornament or for the an ornament to or for the use or
use or perfection of the first perfection of another property.

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Ex. In a diamond ring

Ring is the principal

Diamond is the accessory

IMMOVABLE PROPERTY
LIST OF IMMOVABLE or REAL
PROPERTY
1. Lands, buildings, roads Land in whatever transaction is immovable or real
and constructions of all property
kinds adhered to the
soil- Truck of soil (garden soil) is personal property as it
is no longer adhered to the land

However, the moment it is used to cover a land for

gardening, it becomes immovable again.

Buildings-

Separate and distinct from land

It is by itself another immovable property

The mortgage pf a building is REM not CM

A building may be mortgaged separately from the

land -REM
2. Trees, plants, and As long as they are attached to the land and they
growing fruits, while they had not been gathered yet.
are attached to the
land or form an If harvested, they are considered personal property.
integral part of an
immovable- Can be subject of chattel mortgage.
3. Everything attached to These are immovable by incorporation and not by
an immovable in a fixed nature, destination or by analogy.
manner, in such a way
that it cannot be When separated from immovable, they regain their
separated therefrom condition as movable property.
without breaking the
material or Ex. Ceiling fans attached to the ceiling; fire escape
deterioration of the in building
object.
4. Statutes, reliefs, Intention to attach permanently – essential
paintings or other Immovables by incorporation and destination.
objects for use or

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ornamentation, placed in They can be removed from immovable without
buildings or on lands, by destruction
the owner of the
immovable in such a Ex. Life size statute of Dr. Jose P. Rizal
manner that it reveals
the intention to attach The one who placed the statute, etc. must be the
them permanently to owner of the land or building or his representatives
tenements or agents.
5. Machinery, receptacles, Necessary for the pursuit of the said industry or
instruments or works
implements intended by
the owner of the The moment these objects are separated from the
tenement for industry or land or building or from the industry of works, they
works which may be regain back their condition as personal property.
carried on in a building
or on a piece of land, Additional machines installed to improve its
and which tend directly productive capacity-are real property (REM)
to meet the needs of the
said industry or works. Machinery and equipment attached to the concrete
foundation of a building - in a fixed manner –
necessary to meet the needs of industry – and to
remove them requires to unbolt and cut support are
real properties – cannot be subject to replevin

Machines although movable and personal property

on its own, all of them become immobilized by
destination because they are essential and principal
elements in the industry.

Must be made by owner of the building.

If made by lessee or tenant – it is personal and

movable – immobilization by destination cannot be
made by a person whose possession over the land
or tenement is temporary.
6. Animal houses, pigeon- The moment these animals are gathered – ceases
houses, beehives, fish to be immovable and are considered personal
ponds or breeding property.
places of similar nature,
in case their owner has
placed them
permanently attached to
the land, and forming a
permanent part of it; the
animals in these places
are included.

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7. Fertilizer – either Immovable by destination and incorporation
movable or immovable
If still placed in the sack – movable

8. Immovable by By nature – immovable

destination and Minerals found in these mines when still attached
incorporation thereto are real property.
Mines, quarries, and When extracted- become chattels
slag dams, while the
matter thereof forms part
of the bed, and waters
either running or
stagnant.
9. Docks and structures Platforms for the loading or unloading of material in
which, though floating, a vessel or ship.
are intended by their
nature and object to Though floating in water – they are intended to be
remain at a fixed place stationary.
on a river, lake, or coast.
Real property by destination.
10. Contracts for public Immovable by analogy.
works, and servitudes
and other real rights They are inseparable from their sources which are
over immovable immovables.
property.

MOVABLE PROPERTY
1. 2Those susceptible of Car, clothes, jewelry
appropriation which are not
included in the enumerations of
immovable property
2. Real property which by special Growing crops are real property but for
provision of law is considered as purposes of chattel mortgage are
personality considered personality
3. Forces of nature which are bought Electricity
under control by science. Fuel
Capable of appropriation
4. In general, all things which can be
transported from place to place
without impairment of the real
property to which they are fixed.

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