Law on Property

Define Property. Property is considered as an object; is that which is, or may be appropriated. Note: Property involves not only material objects but also intangible things, like rights or credits. Classification of things 1.Res nullius belonging to no one a. Wild animals b. Wild birds c. Pebbles lying on the seashore 2.Res communes belonging to everyone a. Air we breathe b. Wind c. Sunlight 3.Res alicujus belonging to someone a. Your book b. Your shares of stock c. Your parcel of land Classification of Property MOAEMaDCaNCu 1.Mobility and non-mobility a. Movable or personal property b. Immovable or real property 2.Ownership a. Public dominion b. Private dominion 3.Alienability a. Within the commerce of man b. Outside the commerce of man 4.Existence a. Present property (res existentes) b. Future property (res futurae) 5.Materiality or immateriality a. Tangible or corporeal b. Intangible or incorporeal 6.Dependence or importance a. Principal b. Accessory 7.Capability of substitution a. Fungible b. Non-fungible

8.Nature or Definiteness a. Generic b. Specific 9.Whether in custody of the court or free a. In custodia legis b. Free property Characteristics of Property 1. Utility for the satisfaction of moral or economic wants 2. Susceptibility of appropriation 3. Individuality or substantivity Because there are different provisions of law that govern: a. b. c. d. e. Possession Acquisition Loss Disposition Registration of immovables and movables.

Importance of the classification of property into immovables and movables PALDRe

Hence, there is a need to determine the type of property so that the governing law may be properly applied. Immovable properties Article 415: The following are immovable property: 1. Land, buildings, roads, and construction of all kinds adhered to the soil. 2. Trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable. 3. Everything attached to an immovable, in such a manner that it cannot be separated therefrom without breaking the material or deterioration of the object. 4. Statues, reliefs, paintings or other objects for use or ornamentation, place in buildings or on lands by the owner of the immovable in such a manner, that it reveals the intention to attach them permanently to the tenements. 5. Machinery, receptacles, instruments or implements, intended by the owner of the tenement for industry or works which may be carried on in a building or on a piece of land, which tend directly to meet the needs of the said industry or works. 6. Animal houses, pigeon houses, beehives, fishponds or breeding places of similar nature, in

case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; all animals in these places are included. 7. Fertilizer actually used on a piece of land 8. Mines, quarries, and slug dumps, while the matter thereof forms part of the bed, and waters either running or stagnant. 9. Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake or coast. 10.Contracts for public works, and servitudes and other real rights over immovable property. Classification of Immovable/Real Property 1.By nature cannot be moved from place to place because of their nature a. trees, plants & growing fruits adhered to soil 2.By incorporation essentially movables but attached to an immovable that it becomes an integral part of it a. everything attached to an immovable that it will break if separated b. statues, paintings if intended by owner to be integral part of immovable c. animal houses if intended by owner to become permanently attached to immovable 3.By destination movables but purpose is to partake of an integral part of an immovable a. machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry b. fertilizers when applied to soil c. docks & floating structures 4.By analogy/by law contracts for public works, servitude & other real rights over immovable property May a house built on a rented land be the object of a mortgage? Yes. It can be a subject of real estate mortgage. Note: Building Land is owned by A Real estate Building owned by A mortgage

 What is the rule on Machineries? Immovable or Movable Animals: Immovable or Movable?

Land owned by A Chattel Building owned by B mortgage Building owned by A IMMOVABL Machinery owned by A E Building owned by A MOVABL Machinery owned by B E

Working animals in the Farm immovable Working animals in the industry movable

Water: Immovable or Movable?

Water movable (e.g. mineral water) Waters immovable (running or stagnant)

Movable Property

Article 416: The following things are deemed to be personal property: 1. Those movables susceptible of appropriation which are not included in the preceding article 2. Real property which by any special provision of law is considered as personal property. 3. Forces of nature which are brought under control by science 4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. Article 417: The following are also considered as personal property: 1. Obligations and actions which have for their object movables or demandable sums 2. Shares of stock of agricultural, commercial and industrial entities, although they may have real estate.

Three tests to determine whether property is movable or immovable

1. Test by description: If the property is capable of being carried from place to place 2. Test by description: If such change in location can be made without injuring the real property to which it may in the meantime be attached. 3. Test by exclusion: If finally, the object is not one of those enumerated or included in Article 415.

Distinguish fungible from non-fungibles

Fungible replaceable by an equal quality and quantity Non-fungible cannot be replaced.

Classification of Property according to ownership

Article 419: Property s either of public dominion or of public ownership.

Define public ownership.

Ownership by the State in that the State has the control and administration Ownership by the public in general (may be used by anybody)

Three kinds of property of public dominion

1. For public use a. Roads b. Canals constructed by the state (if by private persons, it is not a public dominion) 2. For public service a. National government buildings b. Those that may be used only by duly authorized persons 3. For the development of national wealth a. Public streams b. Natural beds of rivers c. River channels d. Waters of rivers e. Creeks

Characteristics of Public Dominion

1. outside the commerce of men cannot be alienated or leased 2. cannot be acquired by private individual through prescription 3. not subject to attachment and execution 4. cannot be burdened by voluntary easement Property of the state not devoted to public use, public services and development of national wealth. It is a wealth owned by the State in is private capacity. Examples: 1. Friar lands 2. Properties acquired by the State thru escheat 3. Municipal-owned waterworks NAWASA

Define Patrimonial Property

Distinguish Property for Public Use and Patrimonial Property.

For public use cannot be alienated, may not be acquired thru prescription Patrimonial Property may be alienated and may be acquired thru prescription.

Definition of Ownership

Independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. Power of a person over a thing for purposes recognized by law and within the limits established by law

Kinds of Ownership

1. Full ownership 2. Naked ownership 3. Sole ownership 4. Co-ownership Note: Naked ownership + usufruct = full ownership Usufruct = full ownership naked ownership Naked ownership = full ownership usufruct

Attributes of Ownership

1. Jus possidendi right to possess 2. Jus utendi right to enjoy 3. Jus fruendi right to fruits 4. Jus abutendi right to use and abuse 5. Jus disponendi right to dispose 6. Jus vindicandi right to exclude possession of the thing

others

from

Actions to Recover Personal Property

1. movable replevin (return of a movable) 2. immovable a) forcible entry used by person deprived of possession through violence, intimidation, strategy, threat, or stealth (physical possession, 1 year unlawful deprivation) b) unlawful detainer used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation)

c) accion publiciana plenary action to recover possession (within 10 years) d) accion reinvindicatoria recovery of dominion of property as owner Forcible entry possession is illegal ab initio Unlawful detainer possession was originally lawful Forcible entry prior possession is essential Unlawful detainer prior possession is not essential Principle of Self-help Defense of a mans person and rights to property (in criminal cases, it is called Self-Defense). a. The force used is reasonably necessary to prevent/repel the invasion/usurpation of the property b. There must be actual or threatened physical invasion or usurpation c. There is no delay d. Person exercising rights is the owner or lawful possessor Any person who, in order to avoid evil or injury, does an act which causes damage to another does not incur criminal liability provided that the following requisites are present: 1. That the evil sought to be avoided actually exists 2. That the injury feared is greater than that done to avoid it 3. That there be no other practical and less harmful means of preventing it. Eminent Domain Superior right of the State to own certain properties under certain condition The right of the State to acquire private property for public use upon payment of just compensation. Eminent Domain vs. Expropriation Eminent Domain refers to the right, expropriation refers to the procedure, thru which the right is exercised. a. Taking by competent authority b. Observance of due process c. Taking for public purpose d. Payment of just compensation

Distinguish Unlawful Detainer from Forcible Entry.

Elements/Requisites of Self-help Mnemonics: FIDO

Doctrine of incomplete privilege Doctrine of state of necessity Emergency Rule

Essential requisites of Eminent Domain

Rules on Hidden Treasure

General Rule: The hidden treasure belongs to the owner of the land, building or other property on which it is found. Exceptions: The finder is entitled to half if: a. Discovery was made on the property of another, of the state or any of its political subdivisions b. Discovery is made by chance c. The finder is not a trespasser/agent of the landowner Examples: 1. If permission is secured from the owner equal sharing 2. Owner of the land and owner of the mechanical device equal sharing 3. Finders are married Share belongs to the conjugal partnership 4. Usufruct will not get a share. 5. If the usufruct found the treasure by himself equal sharing 6. If finder is a paid laborer of the land-owner If by chance he gets half, if he is paid to look for it he will get nothing, only his wages or salary. 7. If the land is owned by the government equal sharing 8. If found by a trespasser he gets nothing 9. In treasure hunting, if there is a contract, the basis of sharing is the contract.

Meaning of hidden treasure

Article 439: Any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.

Definition of Accession

The right of a property owner to everything which is: a. Produced thereby (accession discreta) b. Or which is incorporated or attached thereto (accession continua), either naturally or artificially: - Natural accession - Artificial accession

Accession discreta

1. Natural fruits 2. Industrial fruits 3. Civil fruits

Mode of acquiring property Mnemonics: OILDoSuTPre

1. 2. 3. 4. 5. 6. 7.

Occupation Intellectual creation Law Donation Succession Tradition Prescription

Instances when owner of land does not own the fruits

1. Possessor in good faith of the land 2. Usufructuary 3. Lessee gets the fruits of the land (the owner gets the civil fruits rentals) 4. In antichresis the antichretic creditor gets the fruits Article 442: Natural fruits are the spontaneous products of the soil, and the young and other products of animals. Industrial fruits are those produced by lands of any kind through cultivation or labor. Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.

Definition of Fruits