Professional Documents
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Who May Execute A Legacy
Who May Execute A Legacy
Who May Execute A Legacy
7) Fertilizer actually used on a piece of land Personal Effects include tangible property as applied to
Those still in the barn or ground, but wrapped inside a person and cannot include automobiles, although they are
some newspapers or any other coverings = PP, PP
Reason: they have not been actually used yet or ______________________________________________
spread over the land ART. 417. The following are also considered as personal
property:
8) Mines, quaries and slag dumps, while the matter
therefrom forms part of a bed, and waters wither 1) Obligations and actions which have for their
running or stagnant object movables or demandable sums; and
Mines: including the minerals attached thereto are RP Ex: recovery of a car; promissory notes
// when extracted = PP
Slag Dump: dirt and soil taken from a mine and piled 2) Shares of stock of agricultural, commercial and
upon the surface of the ground. Inside the dump, industrial entities, although they may have real
minerals can be found estates
Waters under Par. 8: those which are still attached to All shares in all juridical persons should be considered
or running through the soil or ground as PP for there is no reason to discriminate between
shares in a corporation and shares in other juridical Patrimonial Property: State property which is not
persons devoted for public service, public use or the
Shares of Stocks: peculiar kind of PP which can only development of national wealth
exist or be enforced where the corporation is organized Examples: friar lands, San Lazaro estate, properties
and has its place of business and can exist only as an obtained by the State through escheat proceedings
incident to and connected with the corporation, and (no legal heir of a decedent is existing); or those
this class of property is inseparable from the domicile inherited by or donated to the government; a
of the corporation itself municipal-owned waterworks system
Money: a LEGAL TENDER, not a Merchandise; PP // ______________________________________________
If it is taken out of domestic circulation, it may now be ART. 422. Property of public dominion, when no longer
considered as M or commodity, subject to forfeiture intended for public use or for public service, shall form part
______________________________________________ of the patrimonial property of the State.
ART. 418: Movable property is either consumable or non- ______________________________________________
consummable. To the first class belong those movable ART. 423. The property of provinces, cities and
which cannot be used in a manner appropriate to their municipalities is divided into property for public use and
nature without their being consumed; to the second class patrimonial property.
belong all the others.
______________________________________________ Reclaimed Lands: these are the result if the
ART. 419. Property is either of public dominion or of private intervention of man just like in the extraction of mineral
ownership resources
______________________________________________ ______________________________________________
ART. 420. The following things are of public dominion: ART. 424. Property for public use, in the provinces, cities
1) Those intended for public use, such as roads, and municipalities consist of the provincial roads, city
canals, rivers, torrents, ports, and bridges streets, municipal streets, the squares, fountains, public
constructed by the State, banks, shores, waters, promenades, and public works for public service
roadsteads, and others of similar character; paid for by said provinces, cities or municipalities
2) Those which belong to the State, without being
for public use, and are intended for some public All other property possessed by any of them is patrimonial
service or for the development of the national and shall be governed by this Code, without prejudice to the
wealth provisions of the special laws.
______________________________________________
Public Dominion: ownership by the State in which the ART. 425. Property of private ownership, besides the
latter has control and administration; ownership by the patrimonial property of the State, provinces, cities and
public in general municipalities, consists of all property belonging to private
Kinds of Public Dominion: persons, either individually or collectively.
1. For public use ______________________________________________
2. For public service ART. 426. Whenever by provision of the law, or an
3. For the development of national wealth individual declaration, the expression immovable things or
And others of similar characters: public streams, property or movable things or property, is used, it shall be
natural beds of rivers, river channels, waters of rivers, deemed to include, respectively, the things enumerated un
creeks Chapter 1 and in Chapter 2.
Creek: a recess or arm extending from a river and
participating in the ebb and flow of the sea Whenever the word muebles or furnitures is used alone,
Shore: space alternately covered and uncovered by it shall bit be deemed to include money, credits, commercial
the movement of the tide securities, stocks, and bonds, jewelry, scientific or artistic
Foreshore Lands: the riparian or littoral owner has collections, books, medals, arms, clothing, horses, or
preferential rights over the foreshore area // to qualify carriages and their accessories, grains, liquids and
as a FL, it must be shown that the land lies between merchandise, or other things which do not have as their
the high and low water marks and is alternately wet principal object the furnishing or ornamenting of a building,
and dry according to the flow of the tide except where from the context of the law, or the individual
Torrent: amount of water which in case of heavy rains declaration, the contrary clearly appears.
gather in deep places or canals where it is supposed
to flow afterwards
Rivers: if non-navigable = not PD // if navigable = PD
Characteristics of a PD
1. Outside the commerce of man, and cannot be
leased, donated, sold, or be the object of a
contract
2. Cannot be acquired through prescription no
matter how long the possession of the property
has been
3. They cannot be registered under LRA and be the
subject of a torrens title
4. Cannot be levied upon by execution nor can be
attached
5. Can be used by everybody
Can be either RP or PP
______________________________________________
ART. 421. All other property of the State, which is not of the
character stated in the preceding article, is patrimonial
property
TITLE II: OWNERSHIP vendor, vendee or other person of any land
or building is being unlawfully withheld after
ART. 427. Ownership may be exercised over things or the expiration or termination of the right to
rights. hold possession, by virtue of any contract,
express or implied // refusal to vacate must
Ownership: is the independent and general right of a be unlawful // demand is needed // 1 yr
person to control a thing particularly in his possession, prescriptive period from the day
enjoyment, disposition, and recovery, subject to no possession becomes unlawful
restrictions except those imposed by the State or
private persons, without prejudice to the provisions of If there is a fixed period for the lease
law termination = lease ends automatically
Kinds of Ownership without demand
1. Full Ownership dominium or jus in re propia
It includes all rights of the owner If there reason is non-fulfillment of the
2. Naked Ownership nuda proprietas conditions = 1yr period is counted from the
This is ownership where the right to the use and date of the demand to vacate
the fruits have been denied
2. Accion Publiciana plenary action to recover
NO + Usufruct = FO better right of possession // 10 year PP // Issue is
U = FO-NO possession de jure
NO=FO-U
3. Sole Ownership ownership is vested to only - Action to rescind contract in fraud of creditors is
one person AP
4. Co-Ownership ownership is vested to 2 or
more persons Kinds:
______________________________________________ a. Entry was not obtained through FISTS =
ART. 428. The owner has the right to enjoy and dispose of can be brought as soon as possible without
a thing, without other limitations than those established by waiting for the lapse of 1 year // failure to
law. make state that deprivation was caused by
FISTS would make the action not one of FE
The owner has also a right of action against the holder and but AP
possessor of the thing in order to recover it. b. Where the 1 yr period for bringing FE or UD
has already expired
Rights of the Owner: enjoy, dispose, recover
Right to Enjoy: possess, use, right to the fruits 3. Accion Reivindicatoria action to recover
Right to Dispose: consume or destroy or abuse, ownership over real property
encumber or alienate
It may be brought within 10 or 30 years as the
Rights of the Owner under the Roman Law
case may be depending on whether the other
1. Jus Possidendi right to possess // right to
party seeks to obtain ownership by ordinary or
hold a thing or to enjoy a right
extraordinary prescription
2. Jus Utendi right to use // includes the right
to exclude any person from the enjoyment
4. Writ of Preliminary Injunction may be availed
and disposal thereof
of in the original case of forcible entry, and during
3. Jus Fruendi right to fruits // right to the 3
the appeal, in the case of unlawful detainer
kinds of fruits: natural, civil, industrial
4. Jus Abutendi right to consume, transform
5. Writ of Possession an order directing the
or abuse //
sheriff to place a successful registrant under the
5. Jus Dispodendi right to dispose // includes
Torrens System in possession if the property
the right to donate, sell, pledge or mortgage
covered by a decree in court
6. Jus Vindicandi right to recover
Actions to Recover
REAL PROPERTY
1. Forcible Entry or Unlawful Detainer (Accion
Interdictal)