Professional Documents
Culture Documents
COLLEGE OF LAW
PROPERTY
A.Y. 2019-2020
First Semester
I. PROPERTY
A. Classification of Things
CASES:
1
Importance and significance of classification
(a) Criminal Law
(b) Form of Contracts involving movables or immovables
(c) Prescription
(d) Venue
(e) Taxation
(f) Double Sales
(g) Preference of Credits
(h) Causes of Action to Recover
CASES:
LA BUGAL B’LAAN TRIBAL ASSN. v RAMOS (G.R. No. 127882, January 27, 2004)
ON RECONSIDERATION (G.R. No. 127882, December 1, 2004)
2
CASES:
A. Other Classifications
5. By reason of designation
a. Generic
b. Specific
3
6. Existence in point of time
a. Present
b. Future
8. Susceptibility to appropriation
a. Non-appropriable
b. Appropriable
i. Already appropriated
ii. Not yet appropriated
9. Susceptibility to commerce
a. Within the commerce of man
b. Outside the commerce of man
II. Ownership
A. Definition
OWNERSHIP
J. B. L. Reyes: It is independent right of exclusive enjoyment 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 welfare
But 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 one person is completely subjected to his will in everything not prohibited
by public law or the concurrence with the rights of another
Jus Utendi
Jus Fruendi
4
Jus Abutendi
Jus Disponendi
Jus Vindicandi
5. Right to accession
Art 440
i. Immovable property
1) Accion reividicatoria
2) Accion publiciana
3) Forcible entry
4) Unlawful detainer
ii. Movable replevin
CASES:
5
1) Replevin
ii. Prove his right of ownership – rely on the strength of his evidence not on
the weakness of defendant
1. General Limitation
a. Police power
b. Taxation
c. Eminent domain
2. Specific Limitation
Art 431
Art 432
Art 2191
Art 670
Art 677
Art 678
Art 679
Art 649
Art 652
Art 637
Art 676
Art 644
Art 684
Art 685
Art 686
Art 687
6
CASES: