Property Notes
SATC 2019-20
Property (definition)
-considered as an object is that which is, or may be,
appropriated.
Property (subject)
-branch of civil law which classifies and defines the different
kinds of appropriable objects, provides for their acquisition
and loss, and in general, treats of the nature of and
consequences of real rights.
Thing
-it includes both appropriable and non appropriable objects
(planets, stars, sun)
-Note: Property involves not only material objects but also
intangible things (rights or credits)
Classification of Things
a. Res Nullius
-these belong to no one, and the reason is that they have not
yet been appropriated, like fish still swimming in the ocean, or
because they have been abandoned by the owner with the
intention of no longer owning them,
b. Res Communes
-owned by everbody in that their use and enjoyment are given
to all of mankind (air, wind, sunlight, and starlight)
c. Res Alicujus
-these are objects, tangible or intangible, which are owned
privately, either in a collective or individual capacity. And
precisely because they can be owned, they really should be
considered “property” (book, shares of stock, land)
Classification of Property
a. Immovable or real property
b. Movable or personal property
Characteristics of Property
a. utility for the satisfaction of moral or economic wants
b. susceptibility of appropriation
c. individuality or substantivity
Article 414. All things which are or may be the object of
appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property.
Immovable or Real Property (Art. 415)
a. Lands, buildings, road and constructions of all kinds
adhered to the soil (by nature)
b. Trees, plants, growing fruits while they are attached to the
land or form an integral part of an immovable (by
incorporation and nature)
 by nature-if they are the spontaneous products of the
soil
 by incorporation-if they were planted thru labor
 but the moment they are detached or uprooted from
the land, the become PP
c. Everything attached to an immovable n a fixed manner, in
such a way that it cannot be removed without breaking the
material or deterioration of the object (by incorporation)
 as soon as they are separated from the tenement,
they recover their condition as movables, irrespective
of the owner’s intention
 for the incorporated thing to be considered real
property, the injury or breakage or deterioration in
case of separation, must be substantial
d. Statues, reliefs, paintings or other objects for use or
ornamentation, placed in building 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
 it must be the owner (of the building or land, not
necessarily by the owner of the object) who
permanently places the things (or his agent, express
or implied)
 the main consideration is the intention to attach
permanently
 the owner of the things mentioned in this number
must also be the owner of the tenement/immovable
where these are placed
e. Machineries, receptacles, instruments and 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,
and which tends directly to meet the needs of the said
industry or works (by destination)
 it must be the owner who permanently places the
things. The owner of the machinery must also be the
owner of the immovable to which it is attached
f. Animal houses, pigeon houses, beehives, fish ponds 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; the animals in these places are included
(by destination)
g. Fertilizer actually used on a piece of land (by incorporation)
 does not include fertilizers in the shed or those still in
containers
h. Mines, quarries, and slag dumps, while the matter thereof
forms part of the bed, and waters either running or stagnant
(by nature)
I. 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 (by destination)
 with intent to let them remain fixed. It must be
anchored.
 If floating freely, it is a movable
j. Contract for public works and servitudes and other real
rights over immovable property (by analogy)
Academic Classification of Real Properties
a. by nature-trees and plants
b. by incorporation-building
c. by destination or purpose-machinery placed by the owner
of a tenement on it for direct use in an industry to be carried
on therein
d. by analogy-right of usufruct, contract for public works
Movables or Personal Property (Art. 416)
a. Those movables susceptible of appropriation which are not
included in the preceding article
b. RP which by any special provision of law is considered as PP
c. Forces of nature which are brought under the control by
science
d. In general, all things which can be transported from place
to place without impairment of the RP to which they are fixed