WHAT IS PROPERTY

PROPERTY
 Is an economic concept, meaning a mass of things useful to human activity and which are necessary to life, for which
reason they may be organized and distributed in one way or another, but, always for the good of the main.
 In order that a thing may be considered as property:
o Utility – capacity to satisfy human wants
o Individuality or Substantivity – an autonomous or separate existence; materials composing a thing are not
thing in themselves.
o Appropriability or susceptibility to appropriation

WHAT ARE IMMOVABLE PROPERTIES

Immovable or Real Property

1. Lands, buildings, road and constructions of all kinds adhered to the soil.
2. Trees, plants, growing fruits while they are attached to the land or form an integral part of an immovable
3. Everything attached to an immovable in a fixed manner, in such a way that it cannot be removed without
breaking the material or deterioration of the object
4. Statues, reliefs, paintings or other objects for use or ornamentation, placed 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. 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
6. 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;
7. Fertilizer actually used on a piece of land
8. Mines, quarries, and slag 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. Contract for public works and servitudes and other real rights over immovable property

a. By Nature – those which cannot be moved from place to place

Art 415, Par 1 Land, buildings, road and constructions of all kinds
Art 415, Par 8 Mines, quarries and slag dumps

b. By Incorporation

Art 415, Par 2 Trees, plants and growing fruits

Art 415, Par 3 Everything attached to an immovable
Art 415, Par 7 Fertilizers

c. By Destination

Art 415, Par 4 Statues, reliefs, paintings and other objects for use or ornamentation
Art 415, Par 5 Machines, receptacles, implements and instruments
Art 415, Par 6 Animal houses, pigeon-houses, beehives, fishponds and breeding places of similar nature
Art 415, Par 9 Docks and structures

d. By Analogy

Art 415, Par 10 Contracts for public works, servitudes and other real rights over immovable property
WHAT ARE MOVABLE PROPERTIES

Movables or Personal Property

Art 416 The following are things deemed to be movable property:

(1) Those movables susceptible of appropriation which are not included in the preceding article
(2) RP which by any special provision of law is considered as personalty
(3) Forces of nature which are brought under the 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 (c.f. Art 415 No 3)

Art 417 The following are also considered as personal property:

(1) Obligations and actions which have for their objects movables or demandable sums
(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate

WHAT ARE THE EFFECTS AND SIGNIFICANCE OF CLASSIFICATION OF PROPERTY AS PROPERTY OF PUBLIC
DOMINION

a. Property is outside the commerce of man

b. Property cannot be the subject of acquisitive prescription
c. Property cannot be attached or levied upon in execution
d. Property cannot be burdened with a voluntary easement

WHAT IS OWNERSHIP WHAT ARE THE BUNDLES OF RIGHT OF OWNERSHIP

OWNERSHIP
 It is independent right of exclusive enjoyment and control of a thing for the purpose of deriving therefrom all the
advantages required by the owner but subject to the restrictions

 Jus Utendi – right to use and enjoy the property without destroying its substance
 Jus Abutendi – right to use and enjoy by consuming the thing by its use
 Jus Fruendi – right to receive the fruits
 Jus Disponendi – right to dispose or the power of the owner to alienate, encumber, transform and even destroy the
thing owned
 Jus Vindicandi – right to recover a thing
 JUS Accesionis- right to accessions
 Right to hidden treasure

WHAT ARE THE ACTIONS TO RECOVER POSSESSION AND/OR OWNERSHIP (JUS VINDICANDI)

i. For immovable property

1) Accion reivindicatoria - recovery of dominion of property as owner; main issue is ownership not merely possession.
2) Accion publiciana - plenary action to recover possession when owner is dispossessed by any other means than the grounds
for instituting a forcible entry and unlawful detainer case.
3) Accion Interdictal
Forcible entry - used by person deprived of possession through Force, Intimidation, Strategy, Threat or Stealth (FISTS)
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 the last date of demand to vacate the premises)

ii. For movable property

1) Replevin – MEANS MANUAL DELIVERY OF PERSONAL PROPERTY. In an action to recover, the property must be identified,
and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim.
WHAT IS PRINCIPLE OF SELF HELP

REQUISITES:
 Person defending must be the owner or lawful possessor
 Use of reasonable force
 Only be exercised at the time of actual or imminent dispossession
 Actual or threatened physical invasion or usurpation is unlawful

WHAT IS ACCESSION

ACCESSION-Right by virtue of which the owner of a thing becomes the owner of everything that the thing may
produce or which may be inseparably united or incorporated thereto, either naturally or principally.

What are the KINDS OF ACCESSION?

ACCESSION DISCRETA- products of thing owned by a person (Natural, industrial, civil fruits)
ACCESSION CONTINUA- incorporated or attached to a thing owned by a person
REAL PROPERTY- ACCESSION INDUSTRIAL (BPS)
ACCESION NATURAL (ALLUVION, AVULSION, RIVER, ISLAND)

ACCESION INDUSTRIAL

GOOD FAITH BAD FAITH- WRITE IT!!!

ACCESSION NATURAL- IMMOVABLES

WHAT IS ALLUVIUM, REQUISITES

REQUISITES:
a. Deposit or accumulation of soil or sediment must be gradual and imperceptible
b. Accretion results from the effects or action of the current of waters of river
c. Land where accretion takes place must be adjacent to the bank of a river

WHAT IS AVULSION, REQUISITES

REQUISITES:
a. Segregation or transfer must be caused by the current of the river, creek or torrent
b. Segregation and transfer must be sudden and abrupt
c. Portion of land transported must be known or identifiable

WHAT ARE THE REQUISITES FOR NATURAL CHANGE OF COURSE OF RIVER

REQUISITES:
a. Change must be sudden
b. Changing of course must be more or less permanent
c. Change must be natural
d. There must be definite abandonment of river
e. River must continue to exist

ACCESSION NATURAL- MOVABLES

WHAT IS ADJUNCTION
REQUISITES
a. Union of two movable things belonging to different owners
b. In such a way that they form a single object
c. But one of the component things preserves its value

WHAT IS MIXTURE
REQUISITES
 a. Two or more things are belonging to different owners
b. Are mixed or combined
c. The respective identities of the component parts are destroyed or lost
WHAT IS SPECIFICATION
REQUISITES
a. Takes place whenever the work of a person is done on the material of another
b. Such material undergoes transformation as a result of the work itself

QUIETING OF TITLE

TITLE - refers to the real right of a person over a real property

CLOUD - have a semblance of validity which appears in some legal form but which is in fact unfounded
REQUISITES
1. Instrument, record, claim, encumbrance or proceeding which is apparently valid or effective
2. But such instrument is in truth and in fact, invalid and ineffective, voidable or unenforceable or has
been extinguished or barred by prescription
3. Such instrument may be prejudicial to title

Requisites for an action to quiet title prosper

1. Plaintiff must have legal title or interest to the property
2. Cloud must be due to some instrument, record claim etc which is apparently valid but is in truth invalid … and is
prejudicial to title
3. There must be a cloud in the title
4. Plaintiff must return the defendant all the benefits he may have received

ACTIONS OR REMEDIES

Quieting of Title- puts an end to vexatious litigation to the property involved. It focuses on the protection of title of owner
involving present adverse claim

Removing of cloud- the release of an instrument, encumbrance or claim which constitutes a claim in plaintiff’s title which may
be used to vex him in his enjoyment of title. Preventive in nature which is to remove cloud which may be used for future
actions

Preventing a cloud- to remove possible foundation for a future hostile claim.

WHAT IS CO OWNERSHIP

Co- ownership is the state where an undivided thing or right belongs to two or more persons

Coownership may arise from other causes Partp are created only by a contract
Purpose is for collective enjoyment of the thing Purpose is to obtain profit
No legal personality Has distinct legal personality
No mutual representation Partner can bind partnership
Not dissolved by death Dissolved by death or incapacity
Distribution of profits must be proportional to the interest of Distribution of profit is subject to stipulation of partners
co owners
A stipulation that a coownership be created for a period of Partp may be created for a period of more than 10 years
more than ten years is void
In coownership there is freedom in the disposition of their A partner cannot transfer his rights to 3rd person without the
share consent of others