PROPERTY

QUALITIES:

1. Utility2. Individuality3. Appropriatibility

CLASSIFICATIONS:

1. Nature/Mobilitya. Real/Immovableb. Personal/Movable

2. Ownershipa. Publicb. Private

3. Divisibilitya. Divisibleb. Indivisible

4. Susceptibility to Appropriationa. Fungible

i. 10K not the same billsb. Non-fungible

i. Rare coins

5. Consummabilitya. Consumableb. Non-consumable

6. Dependence or Importancea. Principalb. Accessory

7. Manifestability to Senses

a. Corporeali. You can see, touch, taste, etc.

b. Non – Corporeali. Real Rights (jus in re)

Object is real/personal propertyii. Personal Rights (jus in personam or ad

rem) Object is Prestation and

Obligation

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1. Body parts cannot be subject matter of an appropriation

a. Human trafficking = body is outside commerce of man

b. Kidney selling = against public moralsc. Blood transfusion/donation = allowed; with

consent2. Res Communes – not capable of appropriation in

their entirety; of common usea. Ex: sunlight, oxygen (except when in an

oxygen tank)3. Res Alicujus – thing of somebody4. Res Nullius – thing not owned by anybody

Real Rights – right of a person over a specific thing against the whole world

Right over my house (ownership) IN REM (against the whole world)

Personal – right with respect to another person, with a definite subject for the fulfillment of his obligation

Contract of Sale IN PERSONA – against a definite person

Other classifications: Alienability

o Within our outside commerce of men Existence in Time

o Present or future property Dependence

o Principal or accessory Definiteness

o Generic or specific Manifestability to the senses

o Corporeal or incorporeal

IMPORTANCE OF CLASSIFICATION

1. Private International Lawa. Real: law of country of location appliesb. Personal: law of nationality/domicile

applies2. Criminal Law

a. Real: if illegally occupied, crime is usurpation of property

b. Personal: crime is robbery/theftLaurel v. Abroga – theft (not double jeopardy since

the respondent hasn’t been arraigned)

3. Procedurala. Real: court of location has jurisdictionb. Personal: court of residence of owner has

jurisdiction 4. Contracts

a. Real: real estate mortgage (object is real estate), antichresis (a mortgage transaction too)

b. Personal: chattel mortgage, loan, mutuum, deposit, pledge

5. Donationa. Real: public instruments (one that is

notarized)b. Personal: oral is sufficient

i. EXCEPT: if value is above 5K, then private instrument required

6. Prescriptiona. Real: 30 yearsb. Personal: 8 years

7. Registration a. Real: with Registry of Deedsb. Personal: with specified agency

i. Ex: Phil. Coast Guard for vessels

ART. 415 Immovable/Real Properties

1. LANDS, BUILDINGS, ROADS AND CONSTRUCTIONS OF ALL KINDS

Lease on a building Lease when building and land don’t have the

same owners: LAW MAKES NO DISTINCTION – still immovable

Chattel mortgage between parties – still valid; registered in the Register of Deeds

o Not binding on third persons Can a mortgagor sell his property mortgaged?

YES!o If the third person is the person to whom

the house is sold, the chattel mortgage binding upon the original parties, isn’t binding to him. So the property belongs to the third person.

2. TREES, PLANTS, GROWING FRUITS Even before harvesting, a contract may be

entered into for the sale of fruits

3. EVERYTHING ATTACHED TO IMMOVABLES IN A FIXED MANNER

Walls, roof

4. STATUES, RELIEFS, PAINTINGS, OTHER OBJECTS FOR USE OR ORNAMENTATION

Must be placed by the owner or his agent Movable if not the intent of the owner to

make permanent Movable also if the one who placed it is not

the owner/agent5. MACHINERY

Can the owner of the machinery and the instrument be different in order to become real property? NO. He must be the owner of the machinaries itself.

Must tend directly to meet the needs of the industry

6. ANIMAL HOUSES, PIGEON HOUSES, BEEHIVES, FISH PONDS OR BREEDING PLACES OF SIMILAR NATURE

For preservation Animals included

7. FERTILIZERS

8. MINES, QUARRIES, SLAG DUMPS Matter thereof must remain in soil

9. DOCKS, STRUCTURES,

10. CONTRACTS FOR PUBLIC WORKS

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CLASSIFICATIONS OF PROPERTY IN RELATION TO WHOM IT BELONGS (not own, there’s no right of

disposition)

1. State/Political Subdivision/LGUa. Properties of Public Domain

i. Sovereign Functionii. Governmental Function

b. Under Public Domain:i. Public Use – roads, rivers, canalsii. Public Service – city hall, court room, iii. Development of National Wealth –

minerals, oil, forests 2. State/Political/LGU

a. Properties of Patrimonial Property i. Propriety Function

3. Private Individuals or Corporations a. Private Property