Classification of property:
PERSONAL O REAL
1. Mobilit or immobility:
a. Movable – personal property
b. Immovable – real property
2. Ownership
a. Public dominion
b. Private dominion
3. Alienability
a. Within commerce
b. Outside commerce of man
4. Existence
a. Present property (res existents)
b. Future property (res futurae)
5. Materiality/immateriality
a. Tangible – corporeal
b. Intangible – incorporeal
6. Dependence/importance
a. Principal
b. Accessory
7. Capability of substitution
a. Fungible – similar
b. Non-fungible – dapat exact
8. Whether in the custody of the court or
free
a. Custodia legis
b. “free” property
9. Hidden treasure – hidden and unknown
CHARACTERISTICS OF PROPERTY: USA
1. UTILITY – satisfaction of human wants
2. SUBSTANTIVITY or individuality –
3. Susceptibility of APPROPRIATION-
depende kung unsa ka layo size iyang
depth example kay stars ocean
JURIDICAL CLASSIFICATION OF IMMOVABLE
PROPERTIES: NIDA
1. By NATURE – cant be moved. Adhered
to the soil
2. By INCORPORATION – movable but
attached to immovable
3. By DESTINATION – movable but part of
an immovable
4. By ANALOGY/law – contracts
MOVABLE PROPERTY: SIFTOS
1. SUSCEPTIBLE that are not included in
immovable
2. IMMOVABLE but designed as movable
3. FORCES of nature
4. THINGS that are ransfered without
being damaged
5. OBLIGATIONS
6. SHARES
TESTS TO DETERMINE OF A PROPERTY IS
1. Rule of exclusion – not included in art
415
2. Rule of description – transfer without
damage unless stated in art 415
3. By special provision of law –
a. Chattel Mortgag Law
b. Intellectual property
4. By forces of nature – electricity gas
heat oxygen
IMPORTANCE AND SIGNIFICANCE OF
CLASIFICATION UNDER THE CIVIL CODE
(1) In Criminal Law
a. Usurpation can take place with
respect to real property
b. Robbery and theft can be committed
against personal property
(2) In the form of contracts involving
immovable and movables
a. Subject matter of specific contracts:
i. only real property can be the
subject of real mortgage and
anitchresis
ii. only personal property can be the
subject of voluntary deposit plege
and chattel mortgage
b. donations of real property are
required to be in a public instrument
but a movable may be done orally or
in writing
(3) For acquisitive prescription
a. real property 30 years in bad faith and
10 years in good faith
b. movables 8 years in bad faith and 4
years in good faith
(4) Actions for recovery of possession
a. real property – accion
reinvindicatoria, accion publiciana,
forcible entry and unlawful detainer
b. movable property - replevin
(5) Venue of actions
a. real actions – commenced in the court
which has jurisdiction over the area
where the real property is situated
b. personal actions -
(6) The governing law – (private
international law)
a. immovable – governed by law where
they are located
b. movable – governed by personal laws
of owner
(7) In affecting third persons
a. transactions involving real property -
must be recorded in Registry of Property
 b. “ “ personal property – registration is
not required except for chattel
mortgage
ARTICLE 418. movable property is consumable
or non-consumable
CLASSIFICATION MOVABLES
1. Acc to nature
c. Consumable
d. Non-consumable
2. Acc to intention of the parties/purpose
a. Fungible –
b. Non-fungible
CHATTEL MORTGAGE – growing crops are
movable property
ARTICLE 419. property is either public dominion
or private dominion
ARTICLE 420. property of public dominion.
(1) Intended for public use. Roads, canals,
ports
(2) Belongs to the state but not for public
use
CLASSIFICATION OF PROPERTY ACCORDING TO
OWNERSHIP:
1. Public dominion – outside the
commerce of men
Kinds:
a. For public use
b. Public service of state
Characteristics:
i. Outside commerce of men
ii. Cant be acquired by private
individual by prescription
iii. Not subject to attachment or
execution
iv. Cant be burdened by voluntary
easement
v. Cant be registered
vi. Can be used by everybody
e. For the development of national
wealth
2. Private ownership
a. Patrimonial property of state
i. For attaining economic ends of
state
ii. Not for public use but can be
acquired by private individuals
through prescription
b. Belonging to private persons
ARTICLE 421. other property of state which is
not stated in preceding article is patrimonial
property
ARTICLE 422. when public dominion is no longer
used by public, it shall form part of the
patrimonial property of the state
- It can be converted through a formal
declaration of executive or legislative
departments
- Without declaration, it continues to be a
public domain and cant be a subject of
acquisitive prescription
TITLE II – OWNERSHIP
KINDS OF OWNERSHIP:
1. Full ownership (dominium or jus in
repropia) – all rights of the owner
2. Naked ownership (nuda proprietas) –
denial of right to use and the fruits
Naked ownership + usufruct = full
ownership
3. Sole ownership – vested only in one
person
4. Co-ownership/tenancy in common –
vested in two or more owners
ARTICLE 427. ownership may be execrcised over
rights or things.
ARTICLE 428. owner has right to enjoy and
dispose a thing without limitations than those
established by law.
The owner has the right of action against the
holder or possessor of a thing in order to recover
it.
SEVEN RIGHTS OF OWNERSHIP:
1. Jus abutendi – right to consume,
transform or abuse
2. Jus accesiones – accessories
3. Jus disponendi – dispose
4. Jus fruendi – fruits
5. Jus possidendi – possess
6. Jus utendi – enjoy
7. Jus vindicandi – exclude others from
possession of the thing
ACTIONS FOR POSSESSION:
1. Movable – replevin (return of a
movable)
2. Immovable
a. Accion interdictal
i. Forcible entry (detentacion) –
person deprived of possession
 through FISTS; force intimidation
strategy threat stealth
ii. Unlawful detainer – used by
lessor when lessee refuses to give
up property after the expiration
of the lease
b. Accion publiciana – plenary action
to recover the better right of
possession, brought within 10 years
otherwise the right is lost
c. Accion reinvindicatoria – recovery
of dominion of property as owner
ARTICLE 429. OWNER HAS THE RIGHT TO
EXCLUDE OTHERS FROM ENJOYING AND MAY
USE SUCH FORCE TO PREVENT PHYSICAL
INVASION OR UPSURPTION OF PROPERTY
PRINCIPLE OF SELF HELP – self defense
 Possession has not yet been lost,,, but if
lost, return to judicial process
 Exercise by third person – negotiorum
gestio
ELEMENTS OF SELF HELP:
1. Person exercising rights is owner or
lawful possessor
2. Can be exercised at actual invasion
 Aggression must be unlawful
 Existence of danger of violation
of rights and law is sufficient
3. Use force is reasonably necessary to
prevent it
 Possessor may do all acts that
are necessary to repel
aggression
 But is liable for damages caused
by extra force
 Right to enclose
ARTICLE 430. OWNER MAY ENCLOSE HIS LAND
STATE OF NECESSITY authorizes destruction of
property with less value to avert danger poised
to property with greater value
 Comparative danger – danger must be
greater than damage to property,
conider economic and sentimental value
 Owner of sacrificial property is obliged
to tolerate act of destruction but subject
to reimbursement by all those who
benefited.
ARTICLE 434. IN AN ACTION TO RECOVER, THE
POPERTY MUST BE IDENTIFIED, AND THE
PLAINTIFF MUST RELY ON THE STRENGTH OF HIS
TITLE AND NOT ON THE WEAKNESS OF THE
DEFENDANT’S CLAIM
EMINENT DOMAIN – superior right of state to
acquire privte property for public use in just
compensation
 Just compensation must be equal to the
value of land. Market value +
consequential damages – consequential
benefits
 Market value should be determined at
the time of taking the property
 Ownership of the property is transferred
after the compensation with added
interest is done
ELEMENTS OF TAKING FOR PURPOSES OF
EMINENT DOMAIN:
1. Expropriator must enter a private
property
2. Entrance must be done for more than a
momentary period
3. Entry should be under warrant or color
of legal authority
4. Property must be for public use
5. Utilization of property must be in such a
way to oust the owner and prevent him
from beneficial enjoyment of property
POLICE POWER – property may be destroyed if
demanded by welfare of community. Owner will
not be compensated
REQUISITES OF POLICE POWER:
1. Interest of public
2. Means are reasonable
3. Not unduly oppressive
CONCEPTS OF TREASURE:
1. Money, jewel, precious object (not raw
materials)
2. Hidden and unknown
3. Owner is unknown
RIGHT TO HIDDEN TREASURE
1. Finder is owner – 100%
2. Finder is third person – 50%
3. Finder is third person and a trespasser –
no share
RIGHT OF OWNERSHIP NOT ABSOLUTE
1. Welfare of people is supreme law of the
land. Salus populi suprema est lex.
2. Use property to not impair the rights of
others. Sic utere tuo ut alienum non
laedas
LIMITATION ON OWNERSHIP
1. Gen lims for benefit of the state
(eminent domain, police power,
taxation)
 2. Spec lims imposed by law (servitude,
easement)
3. Spec lims imposed by party transmitting
ownership (will, contract)
4. Lims imposed by owner himself
(voluntary servitude, mortgage, pledge)
5. Lims arising from conflicts with similar
rights (contiguity of property)
6. Neighbors
7. Acts in state of necessity –
8. True owner must resort to judicial
processes
a. Identify property
b. Show that he has better title

ARTICLE 441. TO THE OWNER BELONGS

(1) NATURAL FRUITS – products of soil and

young of animals
(2) INDUSTRIAL FRUITS – produced by lands
through cultivation and labor
(3) CIVIL FRUITS – rents of buildings and
simila income

2 KINDS OF ACESSION:

1. Accession discrete – fruits of a thing

which is owned
General Rule: owner of land, owns fruits
Except:
a. Possessor in good faith of land,
already owns the fruits that are
received
b. Usufructuary
c. Lessee gets fruits of land
d. Antichresis, creditor gets fuits, fruits
be applied first to interest
2. Accession continua – accession to the
products of the thing
Principles:
a. Accessory follows principal
b. Incorporation must be intimate that
things cant be separated without
injury
c. Generally based on necessity and
utility

MAXIMS IN CONNECTION WITH ACCESSION

INDUSTRIAL

a. Accessory follows principal Accessorium

non ducit sed siquitor suum principali
b. Accessory follows nature to which it
relates.