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A TENEO C ENTRAL B AR O PERATIONS 2007 Civil Law SUMMER REVIEWER Adviser: Dean Cynthia Roxas-Del Castillo ; Heads: Joy Marie Ponsaran, Eleanor Mateo ; Understudies: J o y S t e p h a n i e Tajan, John Paul Lim ; Subject Head: Abbiegail Sac ; Pledgees: Floreida Apolinario , Gianfranco Gomez L A W O N P R O P E R T Y T i t l e I P R O P E R T Y PROPERTY An object or a right which isappropriated or susceptible of appropriation by man,with capacity to satisfy human wants and needs. CLASSIFICATION OF PROPERTY: 1 . Mobility and Non-mobility a. Movable or personal propertyb. Immovable or real property2 . Ownership a. Public dominion or ownershipb. Private dominion or ownership 3. Alienability a. Within the commerce of man (or whichmay be the objects of contracts or judicialtransactions)b. Outside the commerce of man 4. Existence a. Present property (res existents)b. Future property (res futurae)(NOTE: Both present and future propertymay be the subject of sale but generallynot the subject of donation.) 5. Materiality or Immateriality a. Tangible or corporealb. Intangible or incorporeal 6. Dependence or Importance a. Principalb. Accessory 7. Capability of Substitution

a. Fungible capable of substitution by otherthings of the same quality and quantityb. Nonfungible incapable of suchsubstitution, hence, the identical thingmust be given or returned 8. Nature or Definiteness a. Generic one referring to a group or classb. Specific one referring to a single, uniqueobject 9. Whether in the Custody of the Court orFree a. In custodia legis in the custody of thecourtb. free property CHARACTERISTICS: 1. Utility for the satisfaction of moral oreconomic wants 2. Susceptibility of appropriation 3. Individuality or substantivity , that is, it canexist by itself and not merely as a part of awhole. Art. 415. IMMOVABLE PROPERTY Art. 416. MOVABLE PROPERTY JURIDICAL CLASSIFICATION OF IMMOVABLEPROPERTIES: (NIDA) 1. By nature cannot be moved from place toplace because of their nature (ART 415 par 1& 8 NCC)a. and buildings & all kinds of constructionsadhered to soilb. mine, quarries Bicerra v Teneza, 6 SCRA 649 (1962) ISSUE: Whether a demolished house is real propertyor continues to be real property?HELD:NO. A house is classified as immovable property byreason of its adherence to the soil on which it is built.This classification holds true regardless of the factthat the house may be situated on land belonging toa different owner. But once the house is demolished,as in this case, it ceases to exist as such and henceits character as an immovable likewise ceases. 2. By incorporation essentially movables butattached to an immovable that it becomes anintegral part of it (ART 415 par 2,3,4,6)a. trees, plants & growing fruits adhered tosoilb. everything attached to an immovable in afixed manner that it will break if separatedc. statues, paintings if intended by owner tobe integral part of immovable and placedonly by owner or his agentd. animal houses if intended by owner tobecome permanently attached toimmovable 3. By destination movables but purpose is topartake of an integral part of an immovable(ART 415 par 4,5,6,7,9)a. machinery placed by owner of thetenement or his agent & tend directly tomeet the needs of such works/industry REQUISITES: