Title I.

Classification of Property

Article 414. All things which are or may be the object of appropriation
are considered either:
(1) Immovable or real property; or
(2) Movable or personal property

I. Introductory Concepts

1.1 Origin of the Word “Property”

 The concept of property is inseparable from the relation which the
object has with the person exercising dominion or right over it. It is in
this sense that the concept of property is said to be limited compared
to the concept of things, which extends to all objects that exist,
whether it is already in the possession of man or not.
 The traditional notion is that property are those things which are
already possessed and found in the possession of man.
1.2 Concept of “things”
 While the human person may not be considered as property, his conduct
or acts, to certain extent, may give rise to enforceable rights in favor of
other persons if such act or conduct is considered by law as a source of
obligation.
 Things are objects external to man.
 The concept of things in the Civil Code embraces both material objects
and rights
1.3 Concept of “Property” under the Civil Code
 In our Civil Code, the concept of property is not confined to things which
are already appropriated or possessed by man but also extends to those
susceptible of such appropriation, although not yet appropriated.

THING v. PROPERTY
THING (cosa) PROPERTY (bienes)
Any object which exists and is Anything which is already an object
capable of satisfying human needs, of appropriation or found in the
including those already possessed, possession of man. It must be
those susceptible of appropriation, susceptible of appropriation.
and common things which are
physically or legally impossible to
possess.
 1.4 Susceptibility to Appropriation
 Under Art. 414, it is essential that a thing must be susceptible of
appropriation before it can be considered as property. Things which
cannot, therefore, be subjected to human control by reason of sheer
physical impossibility are not considered as property.
 The criterion of susceptibility to appropriation should be distinguish from
the concept of thing or object which are “outside the commerce of man”

1.5 Additional Requisites: (of property)

1. Susceptibility to appropriation – susceptibility of being possessed by
men
2. Utility- that it can serve as a means to satisfy human needs; and
3. Substantivity or individuality – that the thing must have an autonomous
and separate existence. A thing must have an autonomous and separate
existence and not simply a part of a whole. But if a part is separated from
the whole and, while in that state, is capable of satisfying any human need
or want, it can then be considered as a separate property.

1.6 Classification of Property

a. Under Book II of the Civil Code

1. Immovable or movable
2. Movables (consumable or non-consumable)
3. From the viewpoint of ownership, property is either as property of
public dominion or of private ownership
Importance of Classification