PROPERTY

 Air is considered a thing but since it

can be placed in containers they
BOOK II
can be considered property
PROPERTY, OWNERSHIP AND ITS
 Property involves both material
MODIFICATIONS
objects and intangible things
 not tangible; incapable of being
TITLE I - CLASSIFICATION OF PROPERTY perceived by the sense of touch,
as incorporeal orimmaterial thin
gs; impalpable. (goodwill,
PRELIMINARY PROVISION patents, trademarks and
copyrights)

1. Property, defined
3. classification of things
- Civil code
a. Res nullius (belonging to no one)
 Considered as an object, is that
which is or may be appropriated.  Reason because they have yet to be
appropriated, like fish still
- Subject in a law course swimming in the ocean, or because
they have been abandoned (Res
 Branch of civil law which classifies
derelictae) by the owner with the
and defines the different kinds of
intention of no longer owning them.
appropriable objects, provides for
Wild animals (Ferae naturae), wild
their acquisition and loss, and in
birds and pebbles.
general, treats of the nature and
consequences of real rights.

b. Res communes
2. “Thing” V. “Property”  Belonging to everyone, air we
breath, the wind, sunlight and
starlight.
Thing

Broader in scope
c. Res alicujus
Includes both appropriable and non
 Belonging to someone, tangible or
appropriable objects
intangible, which are owned
privately. Considered property
because it can be owned. Like, your
 The planet and stars are considered
book, shares of stock, parcel of
things but since they cannot be
land.
appropriated they cannot be
considered property. 4. Classification of property
PROPERTY
a. Mobility and non-mobility
i. Moveable/ personal property (car)
ii. Immovable or real (land)
b. Ownership
i. Public dominion or ownership (rivers)
ii. Private dominion or ownership
(fountain pen)
c. Alienability
i. Within the commerce of man (maybe
objects of contract or judicial
transactions)
ii. Outside the commerce of man
(prohibited drugs)
d. Existence
i. Present property (res existentes)
ii. Future property (res futurae)
 Like a harvest, may be subject of
sale but generally not a subject of
donation.
e. Materiality or Immateriality
i. Tangible or corporeal objects (can be
seen or touched, paper/money)
ii. Intangible or incorporeal (rights or
credits)
f. Dependence or importance
i. Principal
ii. Accessory
g. Capability of substitution
i. Fungible (capable of substitution)
ii. Non-fungible (incapable of such
substitution)
h. Nature of definiteness
i. Generic (referring to a group or
class)
ii. Specific (a single, unique object)
i. Whether in the custody of the court
or free
i. In custodia legis (custody of the
court. When it has been seized by
an officer under a writ of
attachment or under a writ of
execution)
ii. Free (property not in custodia legis)
5. Characteristics of property
i. utility to satisfy moral or economic
wants
ii. Susceptibility of appropriation
iii. Individuality or substantivity (it can
exist by itself, and not merely as a
part of a whole) (human hair
becomes property only when it is
detached from the owner)
6. Right to property
Fernando V. St. Scholastics College
PROPERTY

693 SCRA 141 7. Reclassification V. Conversion

Reclassification Conversion
 Facts: Act of specifying Act of changing the
how agricultural current use of a
Respondents have been compelled to lands shall be piece of agricultural
construct their fence. utilized for non land into some other
agricultural use as
purposes such as reclassification of
 Issue: residential, land does not
industrial or automatically allow
Is this a clear encroachment on their commercial a land owner to
right to property? change its use and
thus cause the
ejecment of tenants.
 Held: Has to undergo the
process of
Yes. For the right to property includes conversion
the respondents rights to decide how
best to protect their property.
8. The human body us not real or
personal property because it cannot be
ARTICLE 414.
appropriated. It is a thing or a being, for
it exists.

 Things which may be considered

the object of appropriation are
9. Organ donation Act
considered either;
 RA 7170 (Feb. 24, 1992)
i. Immovable or real property; (public
document)  Act authorizing the legacy or
donation of all or part of a human
ii. Movable or personal property.
body after death for specified
(private document)
purposes.
 Death; the irreversible cessation of
 Classification as mentioned above is circulatory and respiratory
not complete because there should functions or the irreversible
be a third kind which is mixed or cessation of all functions of the
semi-immovable. This refers to entire brain, including the brain
movable properties (machines, or system)
removable houses or transferable
trees) which under certain
conditions be considered
immovable.
10. Person who may execute a legacy.
PROPERTY

 Any individual at least 18 years of v. Must be signed by the testator in

age and of sound mind may give by the presence of two witnesses who
way of legacy, to take effect after must sign the document in his
his/her death. presence.
vi. He may designate the surgeon or
physician
11. Who may execute a donation
i. Spouse
13. International sharing of human
ii. Son/daughter of legal age
organs or tissue
iii. Either parent
i. Only through exchange programs
iv. Brother/sister of legal age approved by the DOH

v. Guardian over the person of the ii. This is provided that foreign organ
decedent at the time of his death. or tissue bank storage facilities and
similar establishment grant
reciprocal rights to their Philippine
12. Manner of executing a legacy counterparts to draw human
organs or tissues at anytime
i. May be made by will and only
become effective upon a testator’s iii. Organ bank storage facility - facility
death without waiting for probate licensed or accredited or approved
of the will. under the law for storage of human
bodies or parts thereof.
ii. If considered invalid as long as it
was made in good faith it is
nevertheless valid and effective
iii. May also be made in document
other than a will. Legacy becomes
effective upon death and shall be
respected by and binding upon the
testator’s:
a. Executor
b. Administrator
c. Heirs
d. Assign
e. Successors-in-interest
f. All members of the family
iv. Document maybe card or paper