1

TITLE I. – CLASSIFICATION OF PROPERTY  .! uts

utsidide
e the
the commcommer erce
ce of man man &e!
&e!!! proh
prohib
ibit
ited
ed
PRELIMINARY PROVISIONS drus'
(d) Existence
Existence
Property – an object that which is, or may be, appropriated; 1! %rese
%resentnt prop
propertertyy (rex existentes)
o That branch of civil law which classies and denes .! *uture
uture pro
proper
pertyty (res future)
the dierent kinds of appropriable objects, provides 2 3oth may be the subject of sale, but enerally not
for their acquisition and loss, and in eneral, treats the subject of donation
of the nature and consequences of real rihts! (e) Materiality or Immateriality 
Immateriality 
1! Tanible or corporeal
corporeal – that can be be seen or touched
“Thing” diting!ihed "ro# “Property” .! /ntanible
/ntanible or or incorpore
incorporealal – rihts or credits
credits
• "Thi
"Thin
n#
# is broa
broade
derr in scop
scopee for
for it incl
includ
udes
es both
both (f) Dependenc
Dependence e or Importan
Importance ce
appropriable and non$appropriable
non$appropriable objects! 1! %rin
%rinci
cipa
pall
• %roperty
%roperty involves both material and intanible thins! .! +cce
+ccessssor
ory y
(g) apability of !ubstitution
C$%i&'%tion o" Thing 1! *unible
*unible – capable
capable of substitu
substitution
tion by other
other thins
thins of 
&a' Res Nullius &belonin to no one'( thins that have the same quantity and quality
not yet been appropriated, or because they have been .! 4on$fu
4on$funi
nible
ble – incapa
incapable
ble of such
such substi
substitut
tution
ion;; the
abando
abandonedned (res derelicta
derelictae)
e) by the
the owne
ownerr with
with the identical thin must be iven or returned
intent
intention
ion of no loner
loner ownin
ownin them!
them! )!!
)!! *ish still
still (h) "ature or De#niteness
De#niteness
swimmin in the ocean, wild animals, birds, pebbles 1! 5eneric
5eneric – referr
referrin
in to a rou
roup p or class
class
lyin on the seashore!
seashore! .! 6pecic
6pecic – refer
referrin
rin to sinle, uni$ue ob%ect 
to a sinle,
&b' Res Communes &belonin to everyone'( thins really (i) &hether
&hether in the ustoustodydy of the ourt
ourt or 'ree
'ree
owned by everybody in that their use and enjoyment 1! /n custodia
custodia legis &in the custodycustody of the court' court' –
are iven to all of mankind! )!! +ir, wind, sunliht, when it has been sei7ed by an o8cer under a writ
starliht! of attachment or under a writ of e9ecution
&c' Res Alicujus &belon
Res Alicujus &belonin
in to someo
someone'
ne'(( tani
tanible
ble or .! *ree – not
not in thethe custody
custody of the
the court
court
intanible objects which are owned privately, either in
a collective
collective or individual
individual capacity
capacity! )!! ones book,
book, Ch%r%'teriti' o" Property
shares of stock, parcel of land! &a' :tility for the satisfaction of moral or economic
economic wants
&b' 6usceptibility of appropriation
appropriation
C$%i&'%tion o" Property &c' /ndividuality or substantivity
substantivity &i!e!, it can
can e9ist by itself,
itself,
(a) Mobility and non-mobility  and not merely as part of a whole'
1! -ovable
-ovable oror person
personal
al proper
property
ty
.! /mmovable
/mmovable or real
real propert
propertyy Art. ()(. A$$ thing *hi'h %re or #%y +e the o+,e't o" 
(b) Ownership
Ownership %ppropri%tion
%ppropri%tion %re 'onidered either-
1! %ublic
%ublic domini
dominion
on or ownership
ownership )/I##o0%+$e or re%$ property1 or
.! %rivate
%rivate dominion
dominion or owner
ownership
ship 2/Mo0%+$e or peron%$ property.
(c) Alienability 
Alienability 
1! 0ith
0ithin
in the comm
commer erce
ce of man
man &can
&can be objec
objects
ts of  I#por
I#port%n
t%n'e
'e o" the C$%
C$%i&
i&'%
'%tio
tion
n o" Proper
Property
ty Into
Into
contracts or juridical transactions' I##o0%+$e %nd Mo0%+$e

• ierent provisions of the law overn the acquisition,
possession, disposition, loss, and reistration of  .! 6on or dauhter of leal ae
immovable and movables!
In'o#p$etene o" the C$%i&'%tion
• Mi3ed or e#i4i##o0%+$e – movable properties which
under certain conditions, may be considered immoable by
virtue of their bein attached to an immovable for certain
specied purposes!
2 -achines are immovable
5itori'%$ Note
• <orporeal property – res corporales
• /mmovables – res immobiles
• -ovables – res mobiles
 6!ripriden'e on the C$%i&'%tion
• !tandard Oil o of "ew *or+  ,aranillo ( .hil /01) (
:nder certain conditions, it is undeniable that the parties
to a contract may, by areement, treat as a  personal
property that which by nature would be real property!
“Re'$%i&'%tion” diting!ihed "ro# “Con0erion”
• Reclassifcation 2 the act of specifyin how aricultural
lands shall be utili7ed for a non$aricultural uses such as
residential, industrial, or commercial!
• Conversion 2 the act of chanin the current use of a
piece of aricultural land into some other use as approved
by the +=!
>udo ? >uym evelopment <orp! v! 3arretto, @A1 6<=+
o
BC1 D.EEFG'( + mere reclassication of aricultural l and
does not automatically allow the chane of its useH
• Iuman body is not a property at all – it enerally cannot
be appropriated!
Peron *ho #%t e3e'!te % $eg%'y
+ny individual, at least 1J years of ae and of sound mind,
may ive by way of leacy, to take eect, after hisKher death,
all or part of hisKher body for any specied purpose!
7ho #%y e3e'!te % don%tion8
.
1! 6pouse
B! )ither parent
@! 3rother or sister of leal ae; or
F! 5uardian over the person of the decedent at the time
of his death
2 /n the same order of priority, in the absence of any actual
notice of contrary intentions by the decedent or actual notice
of opposition by a member of the immediate family of the
decedent, for purposes of donatin all or any part of the
decedents body!
• onations may be made after or immediately before
death!
M%nner o" e3e'!ting % $eg%'y
• 3y will, which shall become eective only upon the
testators death without waitin for probate of the will!
• 4otwithstandin the declaration of its invalidity for
testamentary purposes, or if the will is not probated, so
lon as it was e9ecuted in ood faith, the will is
nevertheless valid and eective!
• >eacy becomes eective upon the death of the testator
and shall be respected by and bindin upon the testators(
1! )9ecutor
.! +dministrator
B! Ieirs
@! +ssin
F! 6uccessors$in$interest
L! +ll members of the family
• =ules(
o -ust be sined by the testator in the presence of two
witnesses who must sin the document in his presence
o  The leacy may be made to a specied leatee or
without specifyin a leatee
o  The testator may desinate in his will, card or
document, the sureon or physician who will carry out
the appropriate procedures
o + leacy of all or part of the human body may also be
made in any document other than a will
Any right in the N%t!re o" Property Le th%n Tit$e

• ."3 s A (45 !AD 65 (7886)9  The term "interests is
broader and more comprehensive than the word "title
and its denition in a narrow sense by le9icoraphers as
any riht in the nature of property less than title, indicates
that the terms are not considered synonymous! /t is
practically synonymous, however, with the word "estate
which is the totality of interest which a person has from
absolute ownership down to naked possession! +n
"interest in land is the leal concern of a person in the
thin or property, or in the riht to some of the benets or
uses from which the property is inseparable!
Ch%pter ) – IMMOVA9LE PROPERTY  in a denite pl ace; subject to e9ceptions!
Art. ():. The "o$$o*ing %re i##o0%+$e property-
)/L%nd; +!i$ding; ro%d %nd 'ontr!'tion o" %$$
<ind %dhered to the oi$1
2/Tree; p$%nt; %nd gro*ing "r!it; *hi$e they %re
%tt%'hed to the $%nd o" "or# %n integr%$ p%rt o"  &c' =eal property by destination or purpose   &machinery
%n i##o0%+$e1
=/E0erything %tt%'hed to %n i##o0%+$e in % &3ed
#%nner; in !'h % *%y th%t it '%nnot +e
ep%r%ted there"ro# *itho!t +re%<ing the
#%teri%$ or deterior%tion o" the o+,e't1
(/St%t!e; re$ie"; p%inting; or other o+,e't "or
!e or orn%#ent%tion; p$%'ed in +!i$ding or on
$%nd +y the o*ner o" the i##o0%+$e in !'h %
#%nner th%t it re0e%$ the intention to %tt%'h
the# per#%nent$y to the tene#ent1
:/M%'hinery; re'ept%'$e; intr!#ent or
i#p$e#ent intended +y the o*ner o" the
tene#ent "or %n ind!try or *or< *hi'h #%y +e
'%rried on in % +!i$ding or on % pie'e o" $%nd;
%nd *hi'h tend dire't$y to #eet the need o" the
%id ind!try or *or<1
>/Ani#%$ ho!e; pigeon4ho!e; +eehi0e; &h
pond or +reeding p$%'e o" i#i$%r n%t!re; in
'%e their o*ner h% p$%'ed the# or preer0e
the# *ith the intention to h%0e the#
per#%nent$y %tt%'hed to the $%nd; %nd "or#ing %
per#%nent p%rt o" it1 the %ni#%$ in thee p$%'e
%re in'$!ded1
B
?/Ferti$i@er %'t!%$$y !ed on % pie'e o" $%nd1
/Mine; B!%rrie; %nd $%g d!#p; *hi$e the
#%tter thereo" "or# p%rt o" the +ed; %nd
*%ter either r!nning or t%gn%nt1
/Do'< %nd tr!'t!re *hi'h; tho!gh o%ting; %re
intended +y their n%t!re %nd o+,e't to re#%in %t
% &3ed p$%'e on % ri0er; $%<e; or 'o%t1
)/ Contr%'t "or p!+$i' *or<; %nd er0it!de
%nd other re%$ right o0er i##o0%+$e property.
I##o0%+$e property &as dened in dictionaries' – that
which is rmly 9ed, settled, or fastened; that which is 9ed
A'%de#i' C$%i&'%tion o" Re%$ Propertie (.resbitero 
'ernande:; <-78=56; Mar 01; 78/0)
&a' =eal property by nature &trees ? plants'
&b' =eal property by incorporation &buildins'
placed by the owner of a tenement on it for direct use
in an industry to be carried on therein'
&d' =eal property by analogy &riht of a usufruct, contract
for public works, easements and servitudes
P%r%gr%ph )- GL%nd; +!i$ding; ro%d; %nd
'ontr!'tion o" %$$ <ind %dhered to the oi$.H
• >and( /mmovable by its very nature;
o /mmovable( even if moved by an earthquake or
e9traordinary happenin, or if rented!
o %ersonal property( a shovelful of land, as it no
loner adheres to the soil!
• 3uildins( considered immovable provided they are
more or less of a permanent structure, substantially
adherin to the land, and not mere superimpositions
on the land or Muonset 9tures and provided there is
the intent of permanent anne9ation (<una 
Encarnacion; et al; 87 .hil =07)
o  The law does not distinuish as to who built or
owns the buildin! (<adera  >odges; A; 4
O? =06)

o  The inclusion of "buildin# separate and distinct
from the land is because the buildin is by itself  buildin subjected to a chattel mortae cannot be
an immovable property! mean that a buildin is
by itself an immovable property! (<ope: 
Oroso; ,r; et al; <-71476-74; 'eb 54; 78=4@
 Assoc; Inc and !urety o; Inc  Iya; et al; <-
71406-04; May 01; 78=4)
o -ortae on a buildin is a real estate
mortae! The nature of the buildin as real
property does not depend on the way the
parties deal with it! &>eun Nee v! 6tron
-achinery <o!, BA %hil! L@@; >adera v! Iodes,
D<+G @J !5! FBA@'
o <eung *ee  !trong Machinery o (06 .hil
/)9  The buildin is real property  The mere
fact that the parties decided to deal with the
buildin as personal property does not chane
its character as real property!
o .rudential 3an+  .anis (?B =1114; Aug 07;
7844)9 0hile a mortae of land necessarily
includes, in the absence of stipulation of the
improvements thereon, buildins, still a buildin
by itself may be mortaed apart from the land
on which it has been built! 6uch a mortae
would still be considered immovable property
even if dealt with separately and apart from the
land!
• May a house built on rented land be the ob%ect of a
mortgageC Nes – real estate mortae;
<onditions for a house built on rented land be a
subject of chattel mortae(
1! The parties to the contract so aree, and
.! 4o innocent third party will be prejudiced
o /f a chattel mortae is made on a buildin, and
subsequently a real mortae is made on the land
and the buildin( real mortae should be
preferred!
o Manalang; et al  O# lada; (<-4700; May 74; 78=/) (
)ven if so stipulated as personal property, for
purposes of sale at a public auction, the house
should be considered real property!
@
o <una  Encarnacion; et al; (87 .hil =07) ( +
sold e9tra$judiciallyH
• 3uilding Mortgaged !eparately from the <and on
&hich It >as 3een 3uilt 
o <eung *ee  !trong Machinery o (06 .hil /)@
Eangelista  Alto !urety and Ins; o; Inc (<-
77708; Apr 50; 78=4)9 /n case such a buildin is
made the subject of a chattel mortae, and the
mortae is reistered in the chattel mortae
reistry, the mortae would still be void insofar as
third persons are concerned!
o Manalansan  Manalang; et al (<-70//; ,uly 5/;
78/1)9  There is no leal compulsion to reister
transactions over buildins that do not belon to
the owners of the lands on which they stand!
• !ale or Mortgage of a 3uilding which &ould 3e the
Ob%ect of Immediate Demolition
o 3icerra; et al  ene:a; et al; (<-7/574; "o 58;
78/5)9 -ay be considered personal property and
the sale or mortae thereof would be a sale of 
chattel, or a chattel mortae, for the true object of 
the contract would be the materials thereof!
• Ministerial Duty of the Begistrar of .roperty 
o !tandard Oil o  ,aranillo ( .hil /07)9  The
reistrar has the ministerial duty to record the
chattel mortae since he is not empowered to
determine the nature of any document of which
reistration is souht as a chattel mortae! The
reistrars duty is -/4/6T)=/+> in character! There
is no leal provision conferrin upon him any
 judicial or quasi$judicial power to determine the
nature of the document presented before him!
o oledo-3anaga  A (715 !AD 81/; 015 !BA 007
(7888)9 /t is a ministerial function of the =eister of 
eeds to comply with the decision of the court to
issue a title and reister a property in the name of 
a certain person, especially when the decision had
attained nality!
• onstructions of All inds
 F

o /t is understood that the attachment must be more o nce severed, it becomes personal property even if 
or less permanent; as lon as there is an intent to left scattered or lyin about the land!
permanently anne9! • !ynonyms
o "5rowin crops# O "standin crops#, or
P%r%gr%ph 2- GTree; p$%nt %nd gro*ing 'rop; *hi$e "unathered fruits# of "rowin fruits#
they %re %tt%'hed to the $%nd or "or# %n integr%$ p%rt P%r%gr%ph =- GE0erything %tt%'hed to %n i##o0%+$e in
o" %n i##o0%+$e.H % &3ed #%nner; in !'h % *%y th%t it '%nnot +e
• rees and .lants ep%r%ted there"ro# *itho!t +re%<ing the #%teri%$ or
o =eal property by nature( if they are the deterior%tion o" the o+,e't.H (res inta in =oman >aw'
spontaneous products of the soil; • *or the incorporated thin to be considered real
o =eal property by incorporation( if planted thru labor! property, the injury or breakae or deterioration in
o  The moment they are detached or uprooted from case of separation must be 6:36T+4T/+>!
the land, they become personal property, e9cept • Examples9 *i9ed re escape stairway embedded in the
for uprooted timber from a timber land! walls of a house, aqueduct, sewer, well!
o  Trees blown by a typhoon remain part of the land H • Distinctions9
and should be considered real property! P%r%gr%ph = P%r%gr%ph (
• Begistration of <and ontaining rees and .lants 1! annot be separated 1! <an be separated
o <aarro  <abitoria (= .hil 644)9  Trees and plants from immovable from immovable
anne9ed to the land are parts thereof, and unless without breakin or without breakin or
rihts or interests in such trees or plants are deterioration deterioration
claimed in the reistration proceedins by the .! 4eed 4T be placed .! -ust be placed by the
others, they become the property of the person to by the owner (<adera owner, or by his
whom the land is adjudicated! s >odges; A 4 O? aent, e9press or
• ?rowing rops on OneFs Own <and =06) implied
o ?eguillana  3uenaentura; et al (GAH ?B 04/7-B; B! =eal property by B! =eal property by
 ,an 07; 78=7)9 !!!trees remain real property even if  incorporation incorporation and
sold separate and apart from the land on which destination
they row – as lon as the trees are still attached  to
the land if from an interal part thereof! • %roperties temporarily removed, but there is an
o :nder e9press provisions( rowin crops are intention to replace them H should be rearded as
considered real property by incorporation; personal property inasmuch as the "incorporation# has
o :nder =ules of <ourt( rowin crops are attached in ceased!
the same way as a real property;
o :nder <hattel -ortae >aw( rowin crops may be P%r%gr%ph (- GSt%t!e; re$ie"; p%inting or other
considered as personal property, and may thus be o+,e't "or !e or orn%#ent%tion; p$%'ed in +!i$ding
subject of chattel mortae! or on $%nd +y the o*ner o" the i##o0%+$e in !'h %
• ?rowing rops on AnotherFs <and #%nner th%t it re0e%$ the intention to %tt%'h the#
o 5rowin crops whether on ones land or on per#%nent$y to the tene#ent.H
anothers as in case of usufructuary, a possessor or • Examples9 9ed statue in the arden of a house,
a tenant, should be considered real property! permanent paintin on the ceilin, picture embedded
o /mportant consideration( still attached to the land

in the concrete walls of a house, ru or carpet fastened
to the Poor!
• .lacing by the Owner  incorporation but to real property by destination or
o bjects must be placed by the owner of the
immovable and not necessarily by the owner of the
object!
o alde:  Altagracia (55= J! =4)9  wner may act
thru his aent, or in case of insanity throuh the
owners duly appointed uardian!
o Daao !awmill  astillo (/7 .hil 618)9 /f placed by
a mere tenant, the objects must remain chattels or
personalty for the purposes of <hattel -ortae
>aw!
P%r%gr%ph :- GM%'hinery; re'ept%'$e; intr!#ent; or
i#p$e#ent intended +y the o*ner o" the tene#ent
"or %n ind!try or *or< *hi'h #%y +e '%rried on in %
+!i$ding or on % pie'e o" $%nd; %nd *hi'h tend dire't$y
to #eet the need o" the %id ind!try or *or<.H (Beal
 property by destination or purpose)
• Essential Be$uisites9
1! %lacin must be made by the owner of the
tenement, his aent, or duly authori7ed
representative!
.! /ndustry or works must be carried on /4 the buildin
or 4 the land! Transportation businesses is not
included (Mindanao 3us o  ity Assessor; <-
76461; !ep 58; 78/5)
B! -ust tend directly to meet the needs of said
industry or works – adaptability
@! -ust be essential and principal elements in the
industry, and not merely incidental!
  Test on whether the equipment is movable or
immovable( /f the business can continue to carry
on their functions without the incidental
equipment! (Mindanao 3us o  ity Assessor  -achinery placed on property by a tenant does not
and reasurer; <-76461; !ep 58; 78/5)
• EKect of !eparation
o <hattel( if machine is still in the buildin, but is no
loner used;
L
o /mmovableKreal( if still needed for the industry, but
separated temporarily@ -- not to real property by
purpose!
• Examples (cases)9
o 3er+en+otter  u Jn%ieng (/7 .hil //0)9  -achines
placed in a suar central bein subjected of a real
estate mortae, the machines become subject to
such mortae!
  The mortae of a parcel of land enerally
includes all future improvements that may be
found on said parcel! These improvements
include real properties – because they are
essential and principal elements of the business,
without which, the business would be unable to
carry out its industrial purpose!
o Machinery  .ecson (<-61=6; Oct 58; 78=)9
-achines attached to concrete foundations of 
buildins in a 9ed manner such that they cannot
be separated therefrom without unboltin and
cuttin some supports!
o Daao !awmill o  astillo (/7 .hil 618)9
/mmobili7ation by destination or purpose cannot
enerally be made by a person whose possession
of the property is only T)-%=+=N, otherwise, it
may be presumed that the intention is to ive the
property permanently away in favor of the owner of 
the premises!
 "-achinery which is movable in its nature
becomes immobili7ed when placed in a plant by
the owner of the property or plant, but not when
so placed by a tenant, a usufructuary, or a
person havin only a temporary riht, unless
such person acted as the aent of the owner!
o alde:  entral Altagracia; Inc (5= J! =4)9
become immobili7ed( when however, a tenant
places it pursuant to a contract that it shall belon
to the owner, it becomes immobili7ed as to that
tenant and his assins havin notice, althouh it

does not become so as to the creditors not havin
leal notice of the lease!
o 0hen is machinery attached to land or a tenement
considered immovableQ – %ar!F, +rt! @1F
 )9ception( 0hen placed on the land or
tenement by a T)4+4T!
 )9ception to the e9ception( &a' 0hen the tenant
had promised to leae the machinery on the
tenement at the end of the lease, or &b' when he
acted only as aent of the owner of the land!
o  Ago  ourt of Appeals; et al (<-76484; Oct 07;
78/5)9 6awmill machineries and equipment
installed in a sawmill for use in the sawin of los, a
process carried on in said buildin, become real
properties, and if they are judicially sold on
e9ecution without the necessary advertisement of  either r!nning or t%gn%nt.H
sale by publicationH, the sale made by the sheri  • =eal property( when mines, includin the minerals are
would be null and void!
o .eopleFs 3an+ and rust o  Dahican <umber o
(<-76=11; May 7/; 78/6)9 +fter$acquired properties
may be treated either as &a' real property   by &e!'
subjectin them to the lean of the real estate
mortae; or as &b'  personal property  by &e!'
e9ecutin chattel mortae!
o 3oard of Assessment Appeals; L  Meralco (71
!BA /4)9 04 steel towers or poles of the
-)=+>< considered real or personal properties(
%)=64+> – does not come under %ars! 1, B ? F of 
+rt! @1F!
P%r%gr%ph >- GAni#%$ ho!e; pigeon4ho!e;
+eehi0e; &hpond or +reeding p$%'e o" i#i$%r
n%t!re; in '%e their o*ner h% p$%'ed the# or
preer0e the# *ith the intention to h%0e the#
per#%nent$y %tt%'hed to the $%nd; %nd "or#ing %
per#%nent p%rt o" it1 the %ni#%$ in thee p$%'e %re
in'$!ded.H
•  Alienation of the Animals
o 0hen the animals inside the permanent animal
houses are alienated onerously or ratuitously(
A
+lienation of personal property, unless the buildin
or the tenement is itself also alienated!
=eason( The animal structures must of necessity be
detached from the immovable!
• emporary !tructures of ages
o )asily removable or which may be carried from
place to place – chattel!
P%r%gr%ph ?- GFerti$i@er %'t!%$$y !ed on % pie'e o" 
$%nd.H
• <onsidered personal property when 4T yet been
"actually used or spread over the land!
P%r%gr%ph - GMine; B!%rrie; %nd $%g d!#p *hi$e
the #%tter thereo" "or# p%rt o" the +ed; %nd *%ter;
still attached thereto;
o <hattels( when minerals have been e9tracted!
o "6la dump# – dirt and soil taken from a mine and
piled upon the surface of the round!
o "0aters# – those still attached to or runnin thru
the soil or round!
 "0ater#( personal property
 ther bodies of water &canals, rivers, lakes,
partKs of the sea' as may be object of 
appropriation( real property
P%r%gr%ph - GDo'< %nd tr!'t!re *hi'h; tho!gh
o%ting; %re intended +y their n%t!re %nd o+,e't to
re#%in %t % &3ed p$%'e on % ri0er; or 'o%t.H
• 'loating >ouse
o =eal property( when tied to a shore or bank post
and used as a residence;
o /f a Poatin house makes it a point to journey from
place to place( vessel
• Ressels
o .hilippine Be#ning o; Inc  ,ar$ue (/7 .hil 558)9
<onsidered personal property! – may be subject of a
chattel mortae!
 J

o +lthouh vessels are personal property, they o %ar! 1( fountain pen, piano, animals
partake to a certain e9tent of the nature and o %ar! .( rowin crops, machinery on a tenement by
conditions of real property   because of their value a tenant who did not act as the aent of the
and importance in the world of commerce! tenement owner! &avao 6awmill v! <astillo, L1 %hil!
AEC'
P%r%gr%ph )- GContr%'t "or p!+$i' *or<; %nd o %ar! B( electricity, as, liht, nitroen &:!6! v! <arlos,
er0it!de %nd other re%$ right o0er i##o0%+$e .1 %hil! F@B'
property.H o %ar! @( machinery not attached to land nor needed
• Bights for the carryin on of an industry conducted
o 4ecessarily intanible; therein; portable radio, laptop, diploma hanin on
o  The piece of paper on which the contract for public the wall
works has been written is necessarily personal
property, but the contract itself &the riht to the • <ases(
contract' is real property ! o !ibal  alde:; =1 .hil =759 The e9istence of a
o + servitude or easement is an encumbrance riht on the rowin crop is a mobili:ation by 
imposed on an immovable for the benet of  anticipation; a gathering as it were; in adance;
another immovable belonin to another owner, or renderin the crop movable!
for the benet of a person, roup of persons, or a
community! o J!  arlos (57 .hil =0)9  The true test of what
o :sufruct of personal property or lease of personal may be stolen is not whether it is corporeal or
property( personal property incorporeal, but whether, bein possessed of value,
• Beal .roperty by Analogy  a person other than the owner, may appropriate
o <onsidered real property, althouh they are not the same!
material, they nevertheless partake of the essential
characteristics of immovable property! o Inoluntary Insolency of !tochec+er  Bamire: (
.hil 800)9 rustore businessH should be
Ch%pter 2 – MOVA9LE PROPERTY  considered personal property, and may thus be the
subject of a chattel mortae!
Art. ()>. The "o$$o*ing thing %re dee#ed to +e
peron%$ property- •  Three Tests to etermine whether %roperty /s -ovable
)/Thoe #o0%+$e !'epti+$e o" %ppropri%tion or /mmovable &-anresa'(
*hi'h %re not in'$!ded in the pre'eding %rti'$e1 1! /f the property is capable of bein carried from
2/Re%$ property *hi'h +y %ny pe'i%$ pro0iion o"  place to place &Test by description)
$%* i 'onidered % peron%$ty1 .! /f such chane in location can be made without
=/For'e o" n%t!re *hi'h %re +ro!ght !nder injurin the real property to which it may in the
'ontro$ +y 'ien'e1 %nd meantime be attached &Test by description)@
(/In gener%$; %$$ thing *hi'h '%n +e tr%nported B! /f the object is not one of those
"ro# p$%'e to p$%'e *itho!t i#p%ir#ent o" the enumeratedKincluded in +rt! @1F &Test by exclusion)
re%$ property to *hi'h they %re &3ed. 2 Test by e9clusion superior  to test of description

• )9amples(

• ther incorporeal movables( %atent, copyriht, riht to
an invention &intellectual properties' – personal
property!
• "%ersonal eects# – include only such tanible
property as applied to a person &automobiles not
included' (>emnani  Export ontrol ommittee; <-
47; 'eb 54; 78=6)
o %ersonal eects are personal property, but not all
personal property are personal eects!
• Srder of emolition
o ity of 3aguio  "io; 46 !BA 577 (511/)9 0hat
is the e9tent to which an administrative entity may
e9ercise process depend larely onQ
o epends on the provisions of the statute
creatin or empowerin such aency!
Art. ()?. The "o$$o*ing %re %$o 'onidered %
peron%$ property-
)/O+$ig%tion %nd %'tion *hi'h h%0e "or their
o+,e't #o0%+$e or de#%nd%+$e !#1 %nd
2/Sh%re o" to'< o" %gri'!$t!r%$; 'o##er'i%$ %nd
ind!tri%$ entitie; %$tho!gh they #%y h%0e re%$
et%te.
P%r%gr%ph )- “O+$ig%tion %nd %'tion *hi'h h%0e "or
their o+,e't #o0%+$e or de#%nd%+$e !#.HH
• )9amples(
o =iht to brin an action to recover a stolen
automobile is personal property by itself
o <redit as well as the riht to collect by judicial
action is  personal property
o /lleal object is not considered demandable,
therefore, no riht e9ists!
o + riht to recover possession &e!! a piece of land'
is considered real, and not personal property! – the
object of such riht is immovable!
o %romissory note, as well as riht to collect it, are
personal property!
C
o -ortae on real estate is a real property by
analoy!
P%r%gr%ph 2- “Sh%re o" to'< o" %gri'!$t!r%$;
'o##er'i%$; %nd ind!tri%$ entitie; %$tho!gh they #%y
h%0e re%$ et%te.”
• )9amples(
o 6hare of stock in a old minin corporation(
personal property;
o 5old mine itself, as well as any land of the
corporation( real property by the law;
o <erticate evidencin ownership of the share and
the share itself( personal property – may be the
object of mortae!
o edman  &inslow (71 Mass 7=)9  )ven if the sole
property of a corporation should consist only of real
property, a share of stock in such is considered
personal property!
• +ll shares in all juridical persons should be considered
personal property!
o Inoluntary Insolency of !tochec+er  Bamire: (
.hil 800)9 Ialf$interest in aH business is personal
property is capable of bein the subject of a chattel
mortae! Iowever, a half$interest in aH buildin
&and not the business' is a real riht H therefore,
by itself a real property !
• )nforcement of %roperty =ihts in 6hares of 6tock
o 3lac+ Eagle Mining o  onroy; et al (557 .ac
5=; 5/)9 The property riht of shares of stock can
only be e9ercised or enforced where the
corporation is organi:ed and has its place of 
business; and can e9ist only as an incident to and
connected with the corporationH
o om of ustoms  apistrano (<-7716=; ,une 01;
78/1)9 0hen it is in domestic circulation, money is
legal tender and is, therefore, 4T merchandise!
0hen, however, it is attempted to be e9ported or

smuled H therefore now considered as a
merchandise or commodityH
o 0hether the money is leal tender or not, whether
it is a merchandise or not, it is %)=64+> property!
Art. (). Mo0%+$e property i either 'on!#%+$e or
non4'on!#%+$e. To the &rt '$% +e$ong thoe
#o0%+$e *hi'h '%nnot +e !ed in % #%nner
%ppropri%te to their n%t!re *itho!t their +eing
'on!#ed1 to the e'ond '$% +e$ong %$$ the other.
• Con!#%+$e property – cannot be used accordin to
its nature without its bein consumed!
• Non4'on!#%+$e – any other kind of movable
property
• <lassication(
&a' +ccordin to their nature9
1! <onsumable
.! 4on$consumable
&b' +ccordin to the intention of the parties(
1! *unible (res fungibles) 2 that which is
replaceable by an equal quality and quality,
either by the nature of thins, or by common
areement; e$uialent  thin be returned
.! 4on$funible (res nec fungibles) 2 if  not even the 6tate or subdivisions thereof
irreplaceable, because the identical objects
must be returned; &even thouh by nature it is
consumable'
• <redit transactions( >oan for consumption( simple loan
or mutuum@ >oan for e9hibition( commodatum
Ch%pter = – PROPERTY IN RELATION TO T5E PERSON
TO 75OM IT 9ELONS
Art. (). Property i either o" p!+$i' do#inion or o"  1! *or  public use 2 may be used by anybody &e!! roads,
pri0%te o*nerhip.
Property C$%i&ed A''ording to O*nerhip &properties
are owned either'(
&a' /n a public capacity (dominio public)
1E
o >eirs of .roceso 3autista  !ps 3ar:a (?B 687/6;
May 6; 7885)9  The function of administerin and
disposin of lands of the public domain in the
manner prescribed by law is not entrusted to the
courts but to e9ecutive o8cials!
&b' /n a priate capacity (propiedad priado)
• 6tate may own properties both in(
1! public capacity &properties of public dominion';
and
.! private capacity &patrimonial property'
Art. (2. The "o$$o*ing thing %re property o" p!+$i'
do#inion-
)/Thoe intended "or p!+$i' !e; !'h % ro%d;
'%n%$; ri0er; torrent; port %nd +ridge
'ontr!'ted +y the St%te; +%n<; hore;
ro%dte%d; %nd other o" i#i$%r 'h%r%'ter1
2/Thoe *hi'h +e$ong to the St%te; *itho!t +eing
"or p!+$i' !e; %nd %re intended "or o#e p!+$i'
er0i'e or "or the de0e$op#ent o" the n%tion%$
*e%$th.
P!+$i' Do#inion – ownership by the 6tate in that the 6tate
has control and administration;
o wnership by the public in eneral, in that
 
may make them the object of commerce as
lon as they remain properties for public use!
o )9amples( river, town pla7a
o Bepublic of the .hils  <at da De astillo; et al?B
/8115; ,une 01; 7844)9 -ere possession of land does
not by itself automatically divest the land of its public
character!
Three Jind o" Property o" P!+$i' Do#inion
canals'
.! *or  public serice 2 may be used only by duly
authori7ed persons &e!! national overnment
buildins, army riPes, army vessels'

B! *or deelopment of national wealth &e!! natural
resources'
• )9amples of "others of similar character#(
1! %ublic streams
.! 4atural beds of rivers
B! =iver channels
@! 0aters of rivers
F! <reeks
L! +ll lands thrown up by the sea and formed by
accretion upon the shore by action of water
A! >ands reclaimed from the sea by the overnment
J! -anila 3ayKcoastal area inasmuch as it belons to
the state, and is used as a waterway
C! %rivate lands invaded by the waters and converted
into portions of the shore or beach
1E!6treets, even when planted by persons
• Shore – that space alternately covered and uncovered
by the movement of the tide
o Bepublic of the .hils  <at da De astillo; et al
(?B /8115; ,une 01; 7844)9 6hores are properties of  law of prescription does not apply to them!
the public domain intended for public use, and
therefore not reisterable!
• Torrent – that amount of water which in case of heavy
rains athers deep places or canals where it is
supposed to Pow afterwards!
o !antos  Moreno (<-7=458; Dec ; 78/6)9 :nder
+rt! @.E, canals constructed by the 6tate and
devoted to use are of public ownership; canals
constructed by private persons within private lands
and devoted e9clusively for private use must be of  o Bepublic  Beyes (<-0//71; ,une 74; 786/)9  The
private ownership!
o =ivers, whether naviable or not are properties of  acquirin ownership over private or public land; it
public dominion!
o Martine:  ourt of Appeals (<-07567; Apr 58;
786; =/ !BA /6)9
1! 4aviable rivers are outside the commerce of  lands as such cannot be reistered! The mere fact
man, therefore cannot be reistered under the
>and =eistration >aw!
11
.! Roid land decisions can be attacked collaterally!
B! The action of the 6tate for reversion &of the
rivers' does not prescribe!
• <haracteristics of %roperties of %ublic ominion
&a' utside the commerce of man; cannot be leased,
donated, sold or be the object of any contract;
&b' <annot be acquired by prescription;
&c' <annot be reistered under the >and =eistration
>aw and be the subject of a Torrens Title;
&d' <annot be levied upon by e9ecution, nor can be
attached;
&e' <an be used by everybody;
&f' -ay be either real or personal property!
• <ases(
o Mun of aite  Bo%as (01 .hil /15)9  6treets and
pla7as are outside the commerce of man, since
they are properties for public use!
o ommonwealth  Meneses (04 O? 750; p 5048)9
=ivers are not subject to private appropriation! The
o ?obierno Insular  "aal (A) 1 O? (77th !) 7=;
 p =89 +lthouh it is true that rivers and esteros are
not specically included in the list of those that
could not be reistered; still the intention of the law
is plainly to prevent a usurpation of any part of 
public dominion, rivers and esteros included! H
 Their inclusion in a certicate of title does not
convert the same into properties of private
ownership or confer title on the reistrant!
 Torrens system of reistration is not a means of 
merely conrms and reisters whatever riht or
title may already be possessed or had by the
applicant!
o Bepublic  Animas (<-06/45; Mar 58; 786)9 *orest
that a person has a certicate of title over them is
unavailin!

o ufexis  Olaguera (05 .hil /=)9  The riht is of  •
public character and could not be bouht at an
auction sale!
o Insular ?oernment  Aldecoa (78 .hil =1=)9  The
land produced by the action of the sea is of public
ownership and cannot therefore be acquired by any
private person or entity inasmuch as same belons
to the state!
o ?oernment  abangis (=0 .hil 7759  The
overnment owns the reclaimed land in the sense
that it has become property of public dominion;
0hen the overnment took steps to make it land
aain, its status as public dominion remained
unchaned!
o  N M imber orp (M)  Alcala (40 !AD 0/
(7886)9 Hevaluation of timber licenses and their
consequent cancellation in the process of  o
formulatin policies with reard to the utili7ation of 
timber lands is a preroative of the e9ecutive
department and in the absence of evidence
showin rave abuse of discretion courts will not
interfere with the e9ercise of that discretion!
o illarico  A (018 !BA 780 (7888)9   >and within
which the unclassied forest 7one is incapable of 
private appropriation, a forest land cannot be
owned by private persons, and possession thereof,
no matter how lon, does not ripen into a
reistrable title!
o Manila International Airport Authority (MIAA)  A
(8= !BA =87 (511/)9  The -/++ +irport >ands and
3uildins constitute a "port,# constructed by the
6tate!
• P!+$i' L%nd – national domain under the >eislative
%ower of <onress as has not been subjected to
private riht or devoted to public use;
o Montano  Insular ?oFt (75 .hil =61)9  Hthat part
of overnment lands which are thrown open to
private appropriation and settlement by homestead
and other like eneral laws!
• )9amples( minin, forest, aricultural lands
1.
+ricultural lands may be sold to or acquired by
private individuals or entities;
• wnership over minin and forest lands cannot be
transferred – leases may be had!
C$%i&'%tion o" P!+$i' L%nd
• *orest and minin lands( properties of public dominion
&third class'
• P!+$i' %gri'!$t!r%$ $%nd  – those alienable portions
of the public domain which are neither timber or
mineral lands! (Alba da de Ba:  A; 07 !BA 0/)
o %art of public dominion before bein made
available to the eneral public;
o 3ecomes  patrimonial property of the 6tate after
bein made so available – subject to
prescription!
3ecomes private property once acquired by
private individuals
o 3ureau of 'orestry; et al  A (?B 0688=; Aug 07;
7846)9 /t is the 3ureau of *orestry that has the
 jurisdiction and authority over the demarcation,
protection, manaement, reproduction, occupancy
and use of all public forests and forest reservations
and over the rantin of licenses for the takin of 
products therefrom, includin stone and earth! 99
ne cannot claim to have obtained his title by
prescription if the application  led by him
necessarily implied an admission that the portion
applied for is part of the public domain which
cannot be acquired by prescription, unless the law
e9pressly permits it! %ossession of forest land,
however lon, cannot ripen into private ownership!
o Bepublic  A (?B 115; Mar 7/; 7846)9  Thus,
possession of forest lands, however lon, cannot
ripen into private ownership! + parcel of forest land
is within the e9clusive jurisdiction of the 3ureau of 
*orestry and beyond the power and jurisdiction of 
the cadastral court to reister under the Torrens
6ystem!
o >eirs of the <ate !pouses .edro ! .alanca and
!oterranea Bafols da De .alanca  Bepublic (=11

!BA 518 G511/H)9 %ublic forests are inalienable
public lands!
E3p$or%tion Per#it %re Stri't$y r%nted to Entitie or
Indi0id!%$ Poeing the Reo!r'e %nd C%p%+i$ity
to Kndert%<e Mining Oper%tion
o  Apex Mining o; Inc  !outheast Mindanao ?old
Mining orp 85 !BA 0== (511/)9   4onetheless,
the 6tate may not be precluded from considerin a
direct takeover of the mines, if it is only plausible
remedy in siht to the nawin comple9ities
enerated by the so$called "old rush!#
o0erning L%*- <ommonwealth +ct 1@1
• Uurisdiction( irector of >ands, subject to the control of  donated to the <hurch belons to the =oman <atholic
the 6ecretary of +riculture
• %reference of tenants in acquisition( /n accord with the
policy of the overnment of permittin tenants of  Ee't o" the Sep%r%tion o" Ch!r'h %nd St%te in the
public aricultural lands to acquire by purchase or by
homestead their respective landholdins! (.indangan
 Agricultural o; Inc  Dans; et al; <-7=87; Apr 5=;
78/5)
o Bepublic  Oct (<-744/6; Apr 01; 78//)9  6ec! L@&e'
of the =evised +dministrative <ode empowers the
%resident to reserve alienable public lands for a
specic public purpose or service, and under the
%ublic >and +ct, to release those reserved!
o "5overnment lands#( 3roader in scope than that of  that his open, continuous, e9clusive and notorious
%ublic >ands &merely part of overnment lands';
o  Those lands devoted to public use or public
service;
o %ublic lands before and after they are made
available for private appropriation
o %atrimonial lands
Non4Con0erion into Pri0%te Property
o  Adorable; et al  Director of 'orestry (<-70//0; Mar 5=;
78/1)9 Hpossession thereof &of public lands', however
lon cannot convert it into private property! 6uch portion
falls within the e9clusive jurisdiction of the 3ureau of 
1B
*orestry, and beyond the jurisdiction of the cadastral
court to reister under the Torrens system!
Dipoition +y P!+$i' 9idding
o <adrera  !ecretary of Agriculture and "ational
Besources (<-7004=; Apr 54; 78/1)9 /n every public
biddin the winner prejudices the loser; yet this is no
reason to disqualify him; that in itself is 4T bad faith,
for he is merely e9ercisin the riht to buy!
O*nerhip o" Ro#%n C%tho$i' Ch!r'he  The
E''$ei%ti'%$ Pro0in'e
o rinidad  Boman atholic Archbishop of Manila (/0 .hil
447)9 The naked ownership of the ecclesiastical provinces
<hurch; the use is for the worshippers!
Phi$ippine
•  There is nothin that will prohibit the churches from
alienatin any of the properties denominated in canon
law as holy or sacred!
P!+$i' L%nd A't
o 3racewell  A (?B 71656; ,an 5=; 5111 778 !AD
6)9 The %ublic >and +ct requires that the applicant must
prove( &a' that the land is alienable public land; and &b'
possession and occupation of the same must be since
time immemorial or for the period prescribed in the
%ublic >and +ct!
P%rity Right A#end#ent o" )(>
o  Ancheta  ?uersey2Dalayyon (81 !BA 71 (511/)9
+rt! //, 6ecs! A and J of the 1CJA %hilippine <onstitution
e9plicitly prohibits non$*ilipinos from acquirin or
holdin title to private lands or to lands of the public
domain!

Art. (2). A$$ other property o" the St%te; *hi'h i not
o" the 'h%r%'ter t%ted in the pre'eding %rti'$e; i
p%tri#oni%$ property.
• P%tri#oni%$ property – the property owned by the
6tate but which is not devoted to public use, public
service, or the development of the national wealth!
• )9amples(
1! *riar lands
.! 6an >a7aro )state
B! %roperties obtained by the 5overnment in escheat
proceedins, or those inherited by or donated to
the overnment; rents of buildins owned by the
6tate
@! -unicipal$owned waterworks system
A'B!iition o" P%tri#oni%$ Propertie thr! Pre'ription
• +rt! 111B( %atrimonial properties may be acquired by
private individuals or corporations thru prescription!
Art. (22. Property o" p!+$i' do#inion; *hen no $onger
intended "or p!+$i' !e or "or p!+$i' er0i'e; h%$$
"or# p%rt o" the p%tri#oni%$ property o" the St%te.
Con0erion o" Property o" P!+$i' Do#inion to
P%tri#oni%$ Property- Entitie th%t #%y Ee't the
Ch%nge
o 'austino Ignacio  Dir of <ands (<-758=4; May 01;
78/1)9 nly the e9ecutive and possibly the leislative
departments have the authority and power to make the
declaration that any land so ained by the sea is not
necessary for purposes of public utility, or for the
establishment of special industries or for <oast 5uard
6ervice!
o Municipality of Oas  Boa (6 .hil 51)9 0hen a
municipality no loner uses a public pla7a as such, and
instead constructs buildins thereon for storae of  product or part of it, when so provided in the
overnment property, or for housin purposes, it is clear
that the property has become patrimonial!
o ebu Oxygen and Acetylene o; Inc  3ercilles (<-
16; Aug 58; 786=)9  The land can be reistered in the
1@
name of the buyer, because the street has already been
withdrawn from public use, and accordinly has become
patrimonial property!
o Mun of >inunang  Director of <ands (5 .hil 75=)9
+lthouh a fortress as such is property of public
dominion because it is for public service, still when it is
no loner used as such, it does not necessarily follow
that the 6tate has lost ownership over the same
inasmuch as the property is now considered patrimonial,
and therefore still belons to the state!
Dierent R!$e "or A+%ndoned Ri0er 9ed
• +n abandoned river bed belons not to the 6tate, but to
the private land owner whose land is now occupied by
the chaned course, in proportion to the area lost!
Art. (2=. The property o" pro0in'e; 'itie; %nd
#!ni'ip%$itie i di0ided into property "or p!+$i' !e
%nd p%tri#oni%$ property.
GRe'$%i#ed L%ndH
o hae:  .EA (10 !BA 7 G5110H)9  These are not plain
and simple patches of the earth as aricultural, timber, or
mineral lands are, in the full sense of bein products of 
nature, but are the result of the intervention of man just
like in the e9traction of mineral resourcesH
o hae:  .EA (7= !BA 10 G5110H)9  "reclaimed land
does not fall under the cateory of natural resources
which under the <onstitution are inalienable; it is
statutory law which determines the status of reclaimed
land; "submered lands# are owned by the 6tate and are
inalienable;
 0hen the conversion activity such as co$production,
 joint venture or production$sharin areements is
authori7ed by the 5overnment thru a law, the qualied
party to the areement may own the converted
areement! /f there is any doubt as "to the object of 
the prestation in this case, the 6upreme <ourt opined
that the Sinterpretation which would render the
contract valid is to be favored!

Propertie o" Po$iti'%$ S!+di0iion
(a) property for  public use( cannot be alienated as such,
and may not be acquired by prescription! (Mun of Oas 
Boa; 6 .hil 51)
(b) patrimonial property9 may be alienated, and may be
acquired by others thru prescription  (Mun of Oas 
Boa; supra@ Art 7770)
Don%tion +y the N%tion%$ o0ern#ent to % Po$iti'%$
S!+di0iion
o Mun of atbalogan  Dir of <ands (76 .hil 57/)9  The
4ational 5overnment may donate its patrimonial
property to a municipality, and the latter may own the
same! 0hen thus donated, the property becomes either
property for public use or patrimonial property,
dependin on the use iven to the property!
o ity of ebu  .adilla; et al (<-51080; ,an 01; 78/=)9
 The acquisition by a city of portions of public lands is
subject to the rules and reulations issued by the
proper overnmental authorities, as well as the
subsequent approval of such acquisition by the irector
of >ands!
Con0erion to P%tri#oni%$
• 0hen a municipalitys properties for public use are no
loner intended for such use, the properties become
patrimonial, and may now be the subject of a common
contract!
Art. (2(. Property "or p!+$i' !e; in the pro0in'e;
'itie %nd #!ni'ip%$itie 'onit o" the pro0in'i%$
ro%d; 'ity treet; #!ni'ip%$ treet; the B!%re;
"o!nt%in; p!+$i' *%ter; pro#en%de; %nd p!+$i'
*or< "or p!+$i' er0i'e p%id "or +y %id pro0in'e;
'itie; or #!ni'ip%$itie.
A$$ other property poeed +y %ny o" the# i
p%tri#oni%$ %nd h%$$ +e go0erned +y thi Code;
*itho!t pre,!di'e to the pro0iion o" pe'i%$ $%*.
Propertie in Po$iti'%$ S!+di0iion
1F
&a' property for public use
Dacanay  Asistio; ,r (514 !BA 1 (7885)9 + public
street is property for public use, hence, outside the
commerce of man and may not be the subject of lease
or of any other contract! The riht of the public to use
the city streets may not be barained away thru a
contract!
&b' .atrimonial property
o .ro of amboanga del "orte  ity of 
 amboanga; et al (<-51; Mar 54; 78/4)9   6tate
properties( properties for public service are of 
public dominion!
 %roperties of provinces, cities, etc!( properties
for public service are patrimonial &since they are
not for public use)
9%i o" the C$%i&'%tion- Ke
o !alas  ,arencio (<-58644; Aug 01; 7865)9  There bein
no proof that the lot had been acquired by the <ity
with its own funds, the presumption is that it was
iven to it by the 6tate /4 T=:6T for the benet of the
inhabitants! =esidual control remained in the 6tate,
and therefore the 6T+T) can lawfully dispose of the lot!
• %roperties of provinces, cities, and municipalities may also
be classied into the followin(
&a' +cquired with their own funds &in their private or
corporate capacity'( political subdivision has
ownership and control;
&b' Those other than (a)( subject to the control and
supervision of the state;
o Ield by political subdivision in trust for the state for
the benet of the inhabitants &whether
overnmental or proprietary purpose'
o =eason( %olitical subdivision owes its creation to the
6tate!
R!$e 7ith Repe't to Propertie "or P!+$i' Ke
o Mun of aite  Bo%as; 01 .hil /15)9 -ay not be
leased to private individuals!

o iuda de an oco  Mun ouncil of Iloilo (8 .hil =5)9
%roperties used by a municipal corporation in the
e9ercise of its overnmental powers cannot be
attached or levied upon!
o Municipality of >inabangan; et al  Mun of &right; et 
al (<-75/10; Mar 5=; 78/1)9  The riht to settle
boundary disputes between municipalities is vested by
law on the provincial board of the province
concernedH /f the provincial board fails to settle the
boundary dispute, the action if at all, would be one
aainst said board, not an action for declaratory relief!
Ee't i" Pri0%te L%nd i Don%ted to % To*n %nd M%de
into % P$%@%
o >arty  Mun of ictoria (70 .hil 7=5)9 %rivate land
donated to a town for use as a pla7a becomes property
for public use, and may not in turn be donated by the
town to the church, nor can the church acquire
ownership over it by prescription, for a town pla7a is
outside the commerce of man!
N%tion%$ Propertie M%y Not 9e Regitered +y %
M!ni'ip%$ity Knder it O*n N%#e
o Mun of igbawan  Dir of <ands (0= .hil 684)9
%roperties of public dominion, owned by the national
overnment, even if planted upon with trees by a
municipality for a number of years, do not become
municipal properties, and may not therefore be
reistered by a municipality under its name!
P%tri#oni%$ Property o" % M!ni'ip%$ Corpor%tion
•  The towns patrimonial property is administered, at
least insofar as liability to third persons is concerned,
in the same way as property of a private corporation!
Ience, the town is not immune to suits involvin this
kind of property!
o  Alonso  ebu ountry lub; Inc (76 !BA 77=
(5110)9 %ossession of patrimonial property of the
5overnment, whether spannin decades, or
centuries, cannot ipso facto ripen into ownership!
1L
Art. (2:. Property o" pri0%te o*nerhip; +eide the
p%tri#oni%$ property o" the St%te; pro0in'e; 'itie;
%nd #!ni'ip%$itie; 'onit o" %$$ property +e$onging
to pri0%te peron; either indi0id!%$$y or 'o$$e'ti0e$y.
Pri0%te Propertie Other th%n P%tri#oni%$- &a'
individually or &b' collectively
Co$$e'ti0e O*nerhip
• Co$$e'ti0e$y – ownership by private individuals as co$
owners; or by corporations, partnerships, or other
 juridical persons allowed by the <ivil <ode to possess
and acquire properties!
Ee't o" Poeion +y Pri0%te Peron
o "alayan; et al  "alayan; et al (<-7=74; Aug 58;
78/1)@ Oh ho  Dir of <ands (6= .hil 481)@ ario 
Insular ?oFt (575 J! 8)9 %ossession by private
persons since time immemorial carries the presumption
that the land had never been part of the public
domainH +n alleation to this eect is a su8cient
averment of private ownership!
O*nerhip o" Ro%d
•=oads may either be public or property, dependin as
to where such roads are to be constructed &i!e! in a
private or public property'!
Pri0%te L%nd 7ithin % Mi$it%ry one
o Inchausti and o  ommanding ?eneral (/ .hil ==/)9
/f private lands of a person should lie within a military
7one, said lands do not necessarily become property of 
public dominion &public service'!
O*nerhip E0iden'ed +y % Torren Tit$e
o  obel  Mercado (<-7=7=; May 5=; 78/1)9 /f there is
any error in the Torrens title of a person in the sense
that it includes lands belonin to the overnment, it is
only the overnment which can properly question that
fact, and a judicial pronouncement is necessary in order
to have the portion e9cluded from the Torrens title!
 1A

o !alamat da de Medina  ru: (?B 08565; May ; 4atural =esources, may desinate by proclamation any
7844)9 %ayment of land ta9 is not an evidence of  tractKs of land of the public domain as reservations for
ownership of a parcel of land for which payment is the use of the =epublic or any of its branches, or for
made, especially when the parcel of land i s covered by a quasi$public uses or purposes!
 Torrens title in the name of another!
o Metropolitan &aterwor+s N !ewerage !ystem  A (57= PROVISIONS COMMON TO T5E T5REE PRECEDIN
!BA 640 (7885)9 + certicate is not conclusive C5APTERS
evidence of title if it is shown that the same land had
already been reistered and an earlier certicate for the Art. (2>. 7hene0er +y pro0iion o" the $%*; or %n
same is in e9istence! indi0id!%$ de'$%r%tion; the e3preion “i##o0%+$e
thing or property”; or “#o0%+$e thing or property”;
A'B!iition +y A$ien i !ed; it h%$$ +e dee#ed to in'$!de; repe'ti0e$y;
o rien+o  Begister of Deeds9 +n alien has had no riht the thing en!#er%ted in Ch%pter ) %nd in Ch%pter 2.
to acquire since the date of eectivity of the %hilippine 7hene0er the *ord “#!e+$e”; or “"!rnit!re”; i
<onstitution, any public or private aricultural, !ed %$one; it h%$$ not +e dee#ed to in'$!de #oney;
commercial, or residential lands &e9cept by hereditary 'redit; 'o##er'i%$ e'!ritie; to'<; %nd +ond;
succession'; the same rule applies to a forein  ,e*e$ry; 'ienti&' or %rtiti' 'o$$e'tion; +oo<;
corporation, even if it be a reliious and non$stock #ed%$; %r#; '$othing; hore or '%rri%ge %nd their
forein corporation! %''eorie; gr%in; $iB!id %nd #er'h%ndie; or other
o Jng !ui !i emple  Beg of Deeds (<-/66/; May 57; thing *hi'h do not h%0e % their prin'ip%$ o+,e't the
78==)9 This is not contrary to reliious freedom because "!rnihing or orn%#enting o" % +!i$ding; e3'ept *here
the ownership of real estate is not essential for the "ro# the 'onte3t o" the $%*; or the indi0id!%$
e9ercise of reliious worship! de'$%r%tion; the 'ontr%ry '$e%r$y %ppe%r.
o Beg of Deeds of Manila  hina 3an+ing orporation (<-
778/; Apr 54; 78/5)9  The constitutional prohibition
aainst the acquisition of land by aliens is +36>:T)!
 Thus, the transfer of ownership over land in favor of 
aliens is not permissible in view of the constitutional
prohibition!
o Bepublic  ri-.lus orp; =1= !BA 7 (511/)9
+pplicants for conrmation of imperfect title must prove
the followin(
1! the land forms part of the alienable and disposable
aricultural lands of the public domain; and
.! they have been in open, continuous e9clusive and
notarious possession and occupation of the same
under a bona de claim of ownership either since
time immemorial or since Uune 1., 1C@F!
o Bepublic  !outhside >omeowners Assn; Inc (=15
!BA =46 G511/H)9  The %resident, upon the
recommendation of the 6ecretary of )nvironment and