FIRST VIDEO IT IS ALL ABOUT THE TEN CLASSIFICATIONS OF IMMOVABLE

PROPERTY IN ARTICLE 415

Being a geodetic engineer play an important role in the disposition management and
administration of land to received
Engineering is highly techinical course, but the unique in geodetic engineering it involves
the application of laws, most particularly in land
Land laws, geodetic engineering laws and regulations (Equal weight to other subjects)
To be a competent professional geodetic engineer someday/in the future
Included in board exam
1.Lands laws, Geodetic engineering laws, Rules andRegulations
2.Mathematics
3.theory and practice
4.geodesy
5. Cartography
2nd decriptive private and public lands, it is all about properties.
2 kinds of ownership
1.private ownership; and
2. Public ownership.
iResearch ko dapat ejay “The 1987 Constitution of the Philippines
1936 old laws commonwealth act no 141
Disposition of public land and Administration of public land, this is inherent in our subject

Purpose of land laws ultimately of land registration purpose, in other words to secure land
ownership, these properties must be covered by land titles

Presidential decree1529 it was on acted during the time of martial law (Pres Ferdinand
Marcos),it is also known as Property Registration Decree (very old book although there are
many people was saying that marcos was a dictator during his time)(there are good knows
better than knows that are on acted today, which were inacted today and promulgated
during martial law, (martial law is actually developmental it is not all about dictatorial and
because it is political, inorder to survive you must know how to destroy in other rivals in the
political arena )(Consider some other existing laws and laws which is may after be inacted)
( consider some cases decided by the sumpreme court because there are the head the
effect of law and they form part of the legal system in the Philippines)(so we may refer of
this cases, this decision of the supreme court)

Intro to private land and public land it is all about property, ownership, and other attributes
of ownership. So that its is imperative/important that we know the meaning of property.
Property and a thing is not synonymous to thing, there are different object. When we say
thing, it includes property but when we say property it will may always be a thing but there
are many things that which may not be called properties.

Property- Anything which is or may be the object of appropriation.

(Land is beyond the outside cammers of math) (heavenly bodies (sun, clouds, moon, stars,
etc) are example of things which may not be called properties.

1.Classification of property
-according to nature
1.immovable or real property
2. Movable or personal property

10kinds of immovable property (art 415NCC)

1. Lands, buildings, and roads. Amin nga naiparabaw/naipatakder ti daga it is immovable.
2.trees, plants and growing fruits. Amin Nakatakder iti daga. Amin nga adda ramot na iti
rabaw iti daga they are immovable but nu pinag ot (detached to the land) this is not already
call immovable
3. Anything attached to an immovable in a fixed manner in such a way that cannot be
separated without breaking the material. (Example Windows this is immovable) (tubo ti
danom)
4.Statues, reliefs, paintings or other objects. (it’s not attached permanently) it is called
immovable
5. Machinery, receptacles, instruments or implements intended. (Example talon (1hectare
adda mula na nga aglalaok) (and you need to tractor) if that tractor is used by the owner,
tapno makatalon this tractor can be move un any direction (but this tractor is already
considered as immovable), (example fort clip (this fort clip is immovable by nature, it can be
moved but we can call this as immovable because it carried by the industry to meet the
needs of the industry of the owner/tenement.

6.Animal houses, pigeon houses. (Intention to put permanently and form permanently part
of that immovable then even the dog which is placed in this cage is also called immovable)
7. Fertilizer actual used on a piece of land (mannalon adda mula na, nagtubo je pagay,
agkuribateg kasi awan fertilizer na atta winarisan na ti abuno, then the fertilizer is
considered a immovable (ngem nu nakasako pelang dyay garagar that fertilizer is inside the
sack is still movable)
8.mines, quaries, (black sand (nu adda pylang je seashoreor siruk ti danum they are still
called immovable but nu innala dan (insegregate dan) the black sand can call now
movable)
9.docks and structures (amin nga agdaldalyag je rabaw ti danom(they remain floating but in
a fixed manner this are immovable)
10. Contracts to public (makicontrata these contracts are immovable)
If the things are not included in the 10kinds of immovable, they are not immovable, if they
are not being appropriated

NIDA
1.Nature-No. 1and 8 it can not move land & roads
2. Incorporation-no.1(except land and roads)2,3,4 above.
3.Destination-nos. 4, 5,6, 7 and 9. (inherent
4. Analogy- nos. 10

Section 415 of the new civil code

Immovable of nature (accordance to the ownership

2classifications according to ownership

1.Public dominion
2.private ownership or private person

2nd VIDEO
The most Authentic classification of immovable is land because it is an immovable by
nature.

Properties of public dominion

Public dominion
Article 20 and 24 (enumerate the properties of public dominion) what are the properties
under public dominion:
1. Those intended for public use (anything or property are intended in public use, if
they constructed by the private person, we then the private lands and of ofcourse
they are not intended for public use but only intended for the use of that private
owner)
2. Those which belong to the State, without being for public use (saan nga maususar
oara ti publiko ngem intended for public services example public market, mjnicipal hall,
bodega of government, plaza and other similar character and for the development of
national wealth (schools, experimental flume, pagmulaan ti gobyerno tapno ti napintas
nga variety, breeding farm and other similar character these are property of public
dominion.
3. Properties for public use, in the provinces, cities and municipalities (provincial road
mangkunektar, squares(plaza), fountains (man-made lakes) constructed by the
state,public waters, promenades (parke)(nu ti garamid or construct ti public works or
public services ket probinsiya, siyudad ken municipality they are still considered as part
of the property of the public dominion.

Characteristics of the public dominion

 Property of public dominion are beyond or outside of the commerce of man(saan nga
mabalin nga tagaikwa or mailako wenno gatangen beyond or outside of the commerce
of man)
Gapunmadi mailako
1.They cannot be appropriated (madi mailako)
2.they cannot be the subject matter of contracts (since it is a property of public
dominion saan nga mabalin nga maited or mabaybay an or agawen ti private person)
they cannot be alienated or encumbered (haan mabalin maisalda otherwise nu insalda
na ket na forclose awnen ti pannaka serbi na ti pannaka public dominion na)
3.They cannot be acquired through prescription (prescription is a mode of acquiring
ownership by occupying or possesing such land and after a laps of period of time
prescribed by law then such possession or occupation can written into ownership)
(maysa met a bagas ti tagaikwa ti daga babaen ti pinagjan mo idjay nga daga nga
haanmo kukwa ngem nagjan ka didjay ket kalpasan iti attidog nga panawen nga
inbagana ti gobyerno nga pinagjan mo didjay which is characterized a by being Such
possession is characterized as peaceful, continous, often, noturuse, adverse and
incomplentation of ownership then such possession can written into ownership(nu
nalpasan mo agijay mabalin mo apply'n nga kukwaen je daga(but that is not applicable
to all of the public dominion (nu agigijan ka kuma je igid ti karayan for so long a time still
that partial of land that you are occupying remains owned by State(haan nga mabalin
nga maacquire through prescription)
4. They cannot be subject of attachment or execution (haan mabalin nga maisalda ket
saan met nga mabakin nga maiforclose because there is no forclosure)
5. They cannot be burdened by any involuntary easement (easement is a right of inner land
to get the portion of outer land for passage(alaen ti kin uneg nga daga nga pagnaan da and
the law recognizes the right are those who are inside the lots to have and access to the right
way.)In this state or the public dominion they are not life of lights to give if desire what to
give(for example if the government will not give such as way or right of way they cannot be
burdened because this lands are property of public dominion)(for example adjoining land to
the plaza the most essential that you can gove is auditorium and if it is brgy oalaza je
covered court(imagine behind the covered court is private land the owner of the public land
cannot just get the portion of the covered court his right of way(haan mabalin ti gobyerno
nga piliten naka nga mangted ka iti dalan)

Patrimonial property of the state (art 421 and 424)

-These properties of the State which are not included for public use (the government land)

Different kinds of public lands under commonwealth 141 known as a Public Land Act (public
dominions is synonymous to public lands) (when we say the properties of public dominion,
we mean pubkic lands)
It is Classified by kinds of public lands
(REFOMANO)
1.recalimed lands( are those which were wants lart of a body of water like sea or river but
bec of the intervention of land there is back filling and then this portion of the sea or river
becomes land)(example in manila bay when they backfilled of the manila bay with a white
sand, emulsified rocks they grind and inparabaw the idjay manila bay)reclamation is the act
of a deliberately back filling the portion of water so that later land will be created(so this
are public land reclaimed lands are public lands itcan be State cab assert the ownership if
this land.(bec obviously the sea or river ehic were backfilled where originally public
dominion)(je ginaburam ket kukwa ti gibyerno je ginaburam jet kukwa latta ti gobyerno
2.foreshore lands (is a part of the seashore which is being covered and uncovered by water
during tempest or during high tide) (nu bumaba ti danom ti baybay lives the land as dry
lands) (the portion land je igid ti baybay nga mabalin makalluban ti high tide or low tide)
3.marshy lands (wet soft swampy land adjoining bodies of water such as a river) (pangasinan
and cagayan)
4.other lands of similar nature

Property of private ownership (act 425)

Private (anything which is does not belong to this state are property of private ownership)
(nu haan kukwa ti ptrimonial or public these are a private ownership)

Ownership-may be the independent right (nawaya ken pinang enjoy or pinangcontrol tapno
makaala ti pagsyaatan ti panangkaadwan) (tapno maalam ti pagsyaatam ti pinagbiag)
-the essence of the ownership is biblical.

Traditional attributes (art 428)

A.) The right to enjoy
1. Just utendi or the right to use (nu kukwam usarem basta paglintegan)
2.Jus Fruendi or the right of the fruits (nu adda mulam ta nagbunga bagim je bunga na)
(different fruit civil (transit) fruit natural (mangga nagtubo lattan)and industrial fruit(pagay))
3.jus abutendi or the right to consume the thing by its use
B. The right to dispose (jus deponindi) (mabalin ilako mabalin isukat or ipadawat) or the
right to alienate (baybay an or panawan) or encumber (isalda) or even to destroy the
property(dadalenn)
C. The right ti vindicate (jus indicant) (pimmanaw ka then adda nagjan je lotem ti ammo na
haan ka agsublin when you comeback you can always eject that person bec that person
knows what is right on the property of the land) (tubtubem je balay da mabalin latta
because you are the owner in that is your right
This is the bandle of the State.

Restrictions or limitation upon the right of ownership

A.general limitation
3 inherent powers of the state
1.power of eminent domain (is the power of the government to expropriated) (alaen na ejay
akinkukwa ti private person for public use but upon payment of compensation (bayadan
na))(you must give that the portion of that private propertt that the new road is open (ask
for compensation) . Dapat ited mo for public use ngem if not use in public use you have a
right to recover private property taken by the state)
2.police power (the power of state to take private property when that property or
dangerous or risk to life and limps) (example brgy road, talipapa(the government can
destroy the stones for emergency purposes)makadadael)(for the welfare of the people
3.power of taxation (pay of tax even you are the owner) (to have the government some
money to operate) (the government should be empowered for the taxation)
B.specific limitation(as the owner of the land adjoining life of lights you are limited or
restricted to give uo the portion of your property as right of way for those who are inside
and not have access tu public road)
C. Limitation exposed(contract)(nakakontrata example bagim etuy nga balayen ngem
kailangam suportaan ni uncle mo)(imposed transmitting the property)
D.limitation exposed(voluntary)(insaldam je daga alan mo je daga madim maserrekan je
daga nu haan mo pay nabayadan je utang mo)
E.Inherent limitation from conflict(limitation is the boundary you cannot go beyond or
outside of the boundary)(you must build your fence inside ur property)

3rd Video
Consequence (428, 429, 430, 435, 437, 438 and 440)
Bandle of rights

9 rights
1.enjoy
2.dispose
3.recover (if the property of the owner is in the hand of the stranger the owner can always
recover his property)
4.exclode
5.enclose( the owner has the right to protect his own property
6.just compensation
7.construct
8. Ownership of all part(anything that attached to immovable that is a immovable)
9. Accessions to his property(accession princple of law where in the owner of the land
carries with it the right to own anything that is produce or incorporated or attached to their
hidden treasure)

Defense property “doctrine of self-helf)(429)

(Nu nilabag mo je no trespassing nga words ket you are committing a crime of trespassing
and therefore the owner may saw in the court)

The owner may apply force and justified:

1 the force must be employed by the owner or lawful prossesor of the property( example
napan ka je manila pinanawam je daga then nairana nakita je karruba u nga adda agkalkali
je uneg ti dagam (he cant apply force)(he is not jusstified as an owner)(permission from the
owner must be)(uray napintas kayat da ubraen)
2. there must be an actual or threatened physical invasion or ursupation(example je nuang
mo intàlim je pagalam then adda nangguyod je tali na simmurot je nuang(there is an actual
invasion on the property because the intention is to take away the nuang)(example
namnamaen na alaen je kalding there is a threatened physical invasion hindi pa robberry )
3.invasion or ursupation must be unlawful(all act without the permission of the owner is
presume by unlawful)(sinakayan na je nuang inikkat na je galot that is unlawful)
4. The force employed must be reasonably necessary (ejay ararmidem nga kukwam ket
kailangan maijustify(dont overkiil)

Hidden treasure(is anything hidden or money deposit(439)(there must be element of

anominity of the identity of the owner and the treasure os deposited or hidden in an
unknown place which consist of money or jewelry)
To whom does hidden treasure(438)
The hidden treasure is belong to the owner of the land , building or other property(nu sino
akinkukwa nakaykabilan na jay hidden treasure isu met akinbagi ejay hidden treasure) if the
treasure is found in the property of another thereof shallbe allowed the finder(nu
nakabirukka ti hidden treasure jensabali nga lote but the owner of the land has a permission
nga agkali ka(ti bingay na ket 1/2 to the owner)(ngem nu tresspassing tas nakabiruk hidden
treasure shall not have entitled to share of the said hidden treasure). If the things found
some intrest in science or the arts(example na biruk ti putik(burnai) nga aramid ti porcelain
tas napan inpakita je akinkukwa idjay gobyerno the the government nakainterest binayadan
na ejay treasure sunga ni finder dapat na bingayan ni finder)
Accesion(440)(it is the right pertaining to the owner of the thing over everything)(isu
karbengan dejay owner ken dejay nga daga maipanggep iti production like planting and
harvesting rice fuits or vege the owner has the right idjay amin ngem masapol da bingayan
da latta as provided refererian reform law or other other similar laws their should be share
of the tenant or the beneficiary)

Classification (442-474)
1. Accesions Discreta(natural fruits, industrial fruits, civil fruits)
2.accesssion continua(445-474)
a. Accession industrial (planting, building or sowing)
B.acacesion natural(alluvium, avulsion, change of river beds, formation of islands)

Situation
A-owner
B-planter
C-owner of materials

1st situation
AB-in good faith
C- in good faith

a.)AB-right of appropriation (mabalin nga gatangen ni ab je nabangunan wenno nagmulaan

na) on the other hand inthe art 448 it should be the owner of the land that will decide what
kind pf payment will that be
b.)C- 1. Right of reimbursement
2.limited right of removal

2nd situation(447
AB-bad faith
C- in good faith (ni C ammo nga ni. a ken B ti mangtataltalon je daga na) on the other hand(A
and B do not know the identity of the real owner(
AB-( has no right so ever)(nu inpabagbag ni C awan right dan, they cannot repel the
property because the owner of the land has the right of accession for his property)

3rd situation(448)
A-Good faith
BC-good faith

Alluvion(accretion which the adjoining the banks of river )(a pprtion of land that is slowly
accumulated on banks of river
Who owns the alluvion(457&458)
Rivers belong the accretion( nu je karayan nagisurot ti particles of soil, dagituy parricle ti soil
arr gradually deposited in the river bank kaspangaringan ni pedro adda daga na idjay igid ti
karayan detuy daga ni pedro kanayon maayayusan detuy nga river ininot nga mang
depdeposit nga mangikabkabil idjay kukwa ni pedro dikwan dimmakkel ti daga ni pedro
because of the gradual accumulation of soil ngem ditay ammo nu kasano kaddkel ti nanayon
sunga ti akin kukwa ket ni pedro (art 457 those lands added to the landalong the banks of
the river should owned by the owner)(because the tendency of the water may add or
subtract the area of the land adjoining the river)

Ponds or lagoons
Ponds or lagoons(je alon bumassit ken dumakkel je danom maaacumulate or deposito gapu
naggapu ti ngato je danom nu dimmakkel je danom bimmassit je daga je naoccupy ti danom
haan kukwa iti gobyerno nu bimmaba je danom kukwan tu latta ni owner ngem saan da
mabalin nga kukwaen je mainayon nga daga nga namagaan)(kukwa latta ti gobyerno or
public land)
-alluvion is the gradual deposit of soil on the land adjoing river banks)(the gradually receive
from the effects of the current river)

Avulsion-takes place whenever the current of the river segregates from the estate on its
banks a known portion of land and transfer to another estate. (Transfer to another land)
(ejay kukwa je maysa a tao je igid ti karayan ket maikkatan babaen iti danom ket detuy
naikkat nga portion of the land ket will be transferred to another estate)(there is
attachement and detachment of the land)(457 ti akinkukwa it is the owner of the land to
where the accretion is deposited)
Who owns(459&460)
-whenever the current of the river(the owner of the land transferred to the another land
retains such ownership of it, provided that the removes the same within in 2 years
-uprooted(immovable) (dagijay naiyanod nga kaykayo what happens to the trees when they
are still on the land sisitader the pelang je daga they are classified as immovable but once
nga naputed je kayo or dettached from the land they are already movable)(masapol nga
bayadan je owner je nangisadsadan na ejay nga kayo)(proof that is your property)

Alluvion is not automatically owned or entitled to the owner where the land is attached or
added. (The right of the property by accretion)(1st 457 the accretion which gradually
receive,)(2nd the added land is unidefiable)(3rd attachment only)(belongs to the land to
where the land attached)
Avulsion(1st destinction abbrupt transfer of land to another)(the accretion is identifiable)
(3rd dettachment and attachement)(the ownership of the land is retain with the original
owner provided that he removes with in 2years)