Jag Iesu Iigo G.

Murillo
Law 2 S.Y. 2014-2015

Q&A (Adapted from Paras 17
th
Ed., 2013)
TITLE I Classification of Property
Chapter 1 Immovable Property

1. What is an immovable property?

The law does not define what immovable properties are; they are merely enumerated in Art 415 of the NCC.
The etymological meaning should yield to the legal or juridical significance.

2. What are the classifications of real properties?

(a) Real property by nature
(b) Real property by incorporation
(c) Real property by destination or purpose
(d) Real property by analogy

3. Are barong-barongs or qounset fixtures considered immovable?

No, they are not adhered to the soil. The law uses the term adhered and not merely superimposed.

4. If the building is built on a rented or leased land, is it still immobilized or not?

The building is still immobilized; and hence, a real property. The law on this point does not distinguish as to
who built or owns the building unlike par 4 (statues, reliefs, etc.), 5 (machineries, receptacles, etc.) and 6
(animal-houses, pigeon-houses, etc.) of Art 415 of the NCC which requires the placement by the owner for
purposes of immobilization.

5. Can a real property be the object of a chattel mortgage?

Yes, provided the following concur:
(1) That the parties to the contract so agree; and
(2) That no innocent third party will be prejudiced.

But, the object shall still be treated as a real property insofar as execution proceedings are concerned.

6. What is the classification of a building which would be the object of immediate demolition?

A building that is sold or mortgaged and which would immediately be demolished may be considered
personal property and the sale or mortgage thereof would be a sale of chattel, or a chattel mortgage
respectively, for the true object of the contract would be the materials thereof.

7. What is the duty of the Registrar of Property?

Only Ministerial. When the parties present to the registrar of property a document of chattel mortgage the
registrar must record it as such even if in his opinion, the object of the contract is real property.

8. How do you construe Constructions of all kind adhered to the soil? Give an example.

It is to be understood that the attachment must be more or less permanent. A wall or a fence would be a
good example of this kind of property by incorporation. It is true even if the fence is made only of stones so
long as there is intent to permanently annex the same. Railroads are constructions though not really roads.

9. How do you classify trees and plants?

Trees and plants are considered as an immovable by nature or by incorporation. But, the moment they are
detached from the land, they become personal properties except if they are uprooted in a timber land
because they still form an integral part of the timber land.

10. How do you classify growing crops in ones own land and on anothers land?

As a general rule, growing crops are treated as real property as they are still attached to the land or form an
integral part thereof, and there is no distinction whether the land is ones own or anothers. However, for
chattel mortgage purposes, growing crops may be treated as personal property. It is understood that they
are to be gathered and thus become mobilized by anticipation.

11. What is meant by without breaking the material or deterioration of the object?

It means that the injury or breakage or deterioration in case of separation, must be substantial.
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Jag Iesu Iigo G. Murillo
Law 2 S.Y. 2014-2015


12. What immovables require placing by the owner and what does it mean?

Paragraphs 4, 5, and 6 of article 415 of the NCC. The objects must be placed by the owner, his agent or if
he be insane, thru his duly appointed guardian. It must be understood to be with a character of permanence.

13. What are the requisites for par 5, art 415 of the NCC?

(1) The placing must be made by the owner;
(2) The industry or work must be carried on in the building or on land;
(3) The machine, etc., must tend directly to meet the needs of the industry or work; and
(4) The machines, etc., must essential and principal elements in the industry, and not merely incidental.

14. A tenant placed machines for use in a sawmill on the land of the landlord. Is the machinery real or
personal?

The machineries are considered personal because it was not placed on the land by the owner of the said
land. Immobilization by destination or purpose cannot generally be made by a person whose possession of
the property is only TEMPORARY. Except if: (1) the tenant acted only as an agent of the land owner; or (2)
the tenant placed it there pursuant to a contract that it shall belong to the owner afterwards. Hence, they
become a real property as to the tenants but not insofar as creditors who have not been given notice of the
lease.

15. After-acquired properties, such as machineries, tools, fixtures and equipments, were included in a
mortgage deed involving several parcels of land and duly registered at the Registry of Deeds.
Should the deed also be registered in the chattel mortgage registry insofar as it covered after-
acquired machineries, tools, fixtures and equipments?

No more; in Peoples Bank and Trust Co. vs Dahican Lumber Co., they are immobilized by destination. They
were used in the development of the lumber concession.

(Note: in Peoples Bank and Trust Co. vs Dahican Lumber Co., the parties to the real mortgage had treated
the after-acquired properties as real properties by agreeing that they would automatically be subject to the
lien of the real estate mortgage executed by them. In Davao Sawmill Co. vs Castillo, the parties had treated
the after-acquired properties, including the machines, as personal properties by executing chattel mortgages
thereon. Hence, Davao Sawmill case does not apply here.)

16. What is meant by Animals in these places are included in par 6, art 415 of NCC?

Suppose the animals are temporarily outside, it submitted that they may still be considered as real property
as long as the intent to return is present, as in the case of a homing pigeon. But, for purposes of criminal
law, they are considered personal and may properly be the subject of theft or robbery and not of usurpation.

However, when they are alienated onerously or gratuitously, they are treated as personal properties; unless,
the building or the tenement is also alienated. Hence, an ordinary inter vivos donation of pigeon-house need
not be in a public document.

17. Are fertilizers still in the barn and those already on the ground wrapped inside some newspapers or
any other covering a real or personal property?

They are personal properties. Par 7, art 415 of NCC only includes fertilizers actually used on a piece of land.

18. Discuss Paragraph 8, article 415 of NCC, Mines, quarries, and slag dumps while the matter thereof
forms part of the bed, and waters, either running or stagnant.

(a) Mines, including minerals attached thereto are real properties, but when the minerals have been
extracted, the latter become chattels.
(b) Slag dumps are the dirt and soil taken from a mine and piled upon the surface of the ground. Inside
the dump can be found the minerals.
(c) The waters referred to are those still attached to or running thru the soil or ground. This is
differentiated from water which is a personal property.

19. Are floating houses movable or immovable?

Article 415, par 9. If they are moving, they take the form of a vessel, which is a personal property.



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Jag Iesu Iigo G. Murillo
Law 2 S.Y. 2014-2015

20. Are vessels real or personal?

Although vessels are personal properties, they partake to a certain extent of the nature and conditions of
real property because of their value and importance in the world of commerce. Hence, the rule in Civil Code
with reference to acquisition of rights over immovable property (part. Double sale) can be applied to vessels.
Priority of registration by a purchaser in good faith will give him a better right than one who registers his right
subsequently.

21. What is servitude or easement?

It is an encumbrance impose on an immovable for the benefit of another immovable belonging to another
owner or for the benefit of a person, group of persons, or a community (like easement to a right of way).

22. Give examples of other real rights over real property.

(a) Real mortgage
(b) Antichresis
(c) Possessory retention
(d) Usufruct
(e) Leases of real property when the lease has been registered in the Registry of Property, or even if not
registered if their duration is for more than a year.
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