LM 7 (WEEK 1) b

a. Discuss In re: Joaquin Borromeo, 241 SCRA

405, A.M. No. 93-7-696-0, 21 February 1995.
e. Discuss the hierarchy of courts.
b. Discuss Department of Education Culture
and Sports v. San Diego, G.R. No. 89572, 21
December 1989.

c. What is law as defined by St. Thomas

Aquinas?

Law is an ordinance of reason, promulgated

by a competent authority for the sake of public
welfare/common good.

ORDINANCE OF REASON: a good law must be

reasonable, it must be a product of careful and
serious deliberation.

PROMULGATED: for a law to be effective, it
must be clearly communicated to all persons
concerned
COMPETENT AUTHORITY: only those with
legitimate authority have the power to create and
implement laws
COMMON GOOD: law must presuppose the
promotion of and respect for the dignity and
freedom of each person.
d. Discuss the hierarchy of laws. (Article 7,
Republic Act No. 386 or the Civil Code of the
Philippines)
ARTICLE 7. Laws are repealed only by
subsequent ones, and their violation or non-
observance shall not be excused by disuse, or
custom or practice to the contrary.
When the courts declared a law to be inconsistent
with the Constitution, the former shall be void and
the latter shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)
f. Discuss the inherent powers of the State.
1. Police Power – power of the state in
promoting public welfare by restraining and
regulating the usage of liberty and property.
2. Power of Eminent Domain – power of the
state to acquire private property for public
purpose upon payment of just compensation.
3. Power of Taxation – power by which the
state raises revenue to defray the necessary
expenses of the government.
g. Memorize and discuss Article 414.
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
g.1. Discuss HPS Software and
Communication Corporation v. PLDT, G.R. No.
170217, 10 December 2012.
h. Discuss the concepts of property, thing, and
appropriation.

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LM 7 (WEEK 1)
CONCEPT OF PROPERTY. – It is an object or a
right which is appropriated or susceptible of
appropriation by _____, with capacity to satisfy
human wants and needs.
(Other definitions of property: 1) In its broad
sense, anything which is of pecuniary value to its
possessor; 2) The right of a person to his labor is
deemed to be property within the meaning of
constitutional guarantees; and 3) Property, under
the due process clause of the constitution,
includes the right to hold, occupy and exercise an
office.)
CONCEPT OF THINGS. – Things refer to
existing objects which can be some use to man.
CONCEPT OF APPROPRIATION. – This is the
act of taking a thing for one’s own use. It is
equivalent to occupation, that is, the physical
seizing of corporeal things which have no owner
with the intention to acquire their ownership.
i. Distinguish between things and property.
1. The term thing is broader in scope than
property. All kinds of property are things but not
all things are property;
2. Things refer to all objects that exist including
those which could not be appropriated by man
like the distant stars on the heavens. Property
refers to objects already possessed by man or are
in their possession;
3. Things involves only corporeal objects.
Property may refer to intangible matters like
rights and credits.
Under Art. 414, it is obvious that things
become immovable or movable property if they
are or may be the object of appropriation. If
things are beyond human control or
appropriation like the heavenly stars, they do not
qualify as property.
b
j. Discuss the classification of things.
Things are classified as follows:
1. Res Communes – are things which belong
to everybody. (Examples: Sunlight;
moonlight; moving air.)
2. Res Alicujus – are things which are owned
by a person or group of persons.
(Examples: A person’s house and lot; pieces
of jewelry; cars.)
3. Res Nullius – are things which do not have
any owner. (Examples: Whales and sharks
in the oceans; wild birds in the sky or
forests.)
k. Discuss the classification of property
according to:
k.1. Mobility
1. Movable or personal property – is one
which can be transferred from place to place
without being destroyed. (Examples: car; chair.)
2. Immovable or real property – is one
which cannot be transferred from place to place
without destruction to itself. (Examples: Concrete
building; land and trees.)
k.2. Ownership
1. Property of public dominion – refers
to property pertaining to the State and intended
for public use, public service and for development
of the national wealth (Art. 420)
2. Property of private ownership – refers
to all property belonging to private persons,
either individually or collectively (Art. 425). Note:
Property of the State and its subdivisions not
intended for public use, public service, or for
development of national wealth is called
patrimonial property. So patrimonial property is
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private property of the State or its political
subdivisions.
k.3. Alienability
1. Alienable property or property within
the commerce of man – refers to property which
could be the object of juridical transactions.
(Example: Private land.)
2. Inalienable property or property
outside the commerce of man – refers to property
which could not be the object of juridical
transactions. (Example: Public plaza.)
k.4. Individuality
1. Specific Property – is one which is
fixed, definite and individually identified.
(Example: house located at No. 9, Rizal St., X City)
2. Generic Property – is one which is
indicated by its homogeneity or its class.
(Example: A horse without specifying which one.)
k.5. Susceptibility to Touch
1. Tangible Property – is one which
could be physically touched and has physical
existence whether real or personal property.
(Examples: house; car; jewelry.)
2. Intangible Property – is one which
could not be physically touched. (Examples:
credit; goodwill; rights.)
k.6. Susceptibility to Substitution
1. Fungible Property – that property
which belongs to a common genus permitting its
substitution. (Examples: grains of sugar or salt;
oil; vinegar.)
2. Non-fungible Property – that
property which is specified and not subject to
substitution. (Examples: a specific house in a
b
specific address; a particular car with specific
engine number and plate number.)
k.7. Accession
1. Principal Property – that property to
which another property is incorporated as an
ornament or for the use or perfection of the first
(Art. 467 – The principal thing, as between two
things incorporated, is deemed to be that to
which the other has been united as an ornament,
or for its use or perfection;
See also Art. 468 – If it cannot be determined by
the rule given in the preceding article which of the
two things incorporated is the principal one, the
thing of the greater value shall be so considered,
and as between two things of equal value, that of
the greater volume.
In painting and sculpture, writings, printed matter,
engraving and lithographs, the board, metal,
stone, canvas, paper or parchment shall be
deemed the accessory thing.)
l. Discuss the attributes of property;
Property has the following attributes:
1. It is susceptible of appropriation;
2. Its significance lies in its capacity to satisfy
moral or economic needs;
3. It has individuality of its own, that is, it has
a separate and autonomous existence.
Thus, human hair is not property until it is
cut.
m. What are the rights considered as property?
In the juridical sense, things include both
corporeal objects as well as rights (which refer to
relations). Only patrimonial rights can be
considered as things. Non-patrimonial rights like
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right to liberty, right to live, family rights cannot
be considered property.
n. What are the classes of rights considered as
property?
1. Real Right – is the “power belonging to a
person over a specific thing, without a passive
subject individually determined against whom
such right may be personally exercised”. It can be
exercised not only against a particular person but
against the whole world.
2. Personal Right - is “the power belonging
to one person to demand of another, as a definite
passive subject, fulfillment of a prestation to give,
to do or not to do”. Personal right is the
equivalent of right of obligation which means the
obligee can enforce the right against the obligor.
o. Memorize Article 415.
ARTICLE 415. The following are immovable
property:
(1) Land, buildings, roads and constructions
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
a fixed manner, in such a way 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, 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;
b
(5) Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may be
carried on in a building or on a piece of land, and
which tend 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) Contracts for public works, and
servitudes and other real rights over immovable
property
p. Discuss the juridical classification of
immovable properties.
p.1. by nature.
Immovable by nature - are those
properties which can not be moved from one
place to another. (Examples: lands; trees; mines;
quarries; slag dumps.)
p.2. by incorporation.
Immovable by incorporation - are those
properties which are basically movables (i.e.
transferable) but are permanently attached to an
immovable. (Examples: statues; reliefs; paintings
fixedly placed on buildings.)
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p.3. by destination.
Immovables by destination - are those
which are basically movables but having been
fixed in immovable properties for purposes of the
business or functions of the owner of the
immovable property, they partake of the nature
of the latter. (Examples: Machinery or instrument
placed in a building to meet the needs of the
industry or works of the owner of the said
building; Docks and structures floating in a fixed
place in a river, lake or coast.
p.4. by analogy.
Immovables by analogy - are those
properties which are not actually tangible
properties, but are rights and interests over
existing immovable properties. They are
considered immovables for convenience in
dealing with them as they are inseparable from
the immovables from which they arise.
(Examples: Easements over an immovable;
Contract for public works; Usufruct over an
immovable; “Sugar Quotas”.)
q. Discuss Paragraph 1 of Article 415.
Land, buildings, roads and constructions of all
kinds adhered to the soil
(a) Land by its very nature is immovable
property. In whatever transaction land is
involved, it is always immovable or real property.
(b) Buildings which are permanent structures
adhering to the land are immovable wheter built
in one’s own land or on a rented land.
(c) Constructions of all kinds adhered to the
soil.
q.1. Discuss Navarro v. Pineda, G.R. No.
L-18456, 30 November 1963.
r. Discuss Paragraph 2 of Article 415.
b
Trees, plants, and growing fruits, while they
are attached to the land or form an integral part
of an immovable
(a) Trees by their nature are immovable
properties because they are not to be moved
from one place to another.
(b) Plants adhered to the soil by incorporation
are immovable property. Plants on pots used for
ornamentation are personal property because the
pots could be moved from place to another.
s. Discuss Paragraph 3 of Article 415.
Everything attached to an immovable in a
fixed manner, in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object
Res Vinta. - these are immovables by
incorporation and not by nature, destination or
by analogy. When separated from the
immovable, they regain their condition as
movable property. (Examples: Ceiling fans
attached to a ceiling; Fire escape in a building.)
s.1. Discuss Board of Assessment
Appeals v. Manila Electric Company, G.R. No.
L-15334, 31 January 1964
s.2. Discuss Meralco Securities Industrial
Corp. v. Central Boad of Assessment Appeals,
G.R. No. L-46245, 31 May 1982
t. Discuss Paragraph 4 of Article 415.
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
Intention to attach permanently, Essential. -
The statue, relief (piece of sculpture), painting or
other objects for use or ornamentation must be
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placed on the land or building with the intention
to attach them. These are immovables by
incorporation and destination. Generally, they
can be removed from the immovable without
destruction.
Persons responsible for the attachment. - The
one who placed the statue, etc. must be the
owner of the land or building or his
representatives or agents. If attached by a mere
tenant, the objects remain personal property for
purposes of the Chattel Mortgage Law.
u. Discuss Paragraph 5 of Article 415.
Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may be
carried on in a building or on a piece of land, and
which tend directly to meet the needs of the said
industry or works
Machinery, etc. must be destined for use in the
industry or works of the owner of the tenement. -
The machinery, receptacles, instruments or
implements must be intended by the owner of the
tenement for an industry or works being carried
in the land or in a building and which are
necessary for the pursuit of the said industry or
works.
Machinery, instruments, implements installed
by a lessee of a tenement or land. - When
machinery etc. are installed in a tenement or land
by a lessee, the general rule is that these
machinery etc. are personal or movable property.
Immobilization by destination cannot be made by
a person whose possession over the land or
tenement is merely temporary. Exception: If the
lessee agreed to give the machinery, etc. to the
lessor upon the termination of the lease, these
machinery, etc. shall be considered immovable
property.
b
u.1. Discuss Mindanao Bus Company v.
City Assessor of Cagayan de Oro City, G.R. No.
L-17870, 29 September 1962.
u.2. Discuss People’s Bank and Trust Co.
V. Dahican Lumber Company, G.R. No. L-
17500, 16 May 1967.
v. Discuss Paragraph 6 of Article 415.
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
Animal houses, etc. - The houses referred to in
par. 6 differ from the “houses” covered in par. 1.
The former refers to animal houses, etc. and the
latter to houses of human beings. They are
similar in the sense that, of they adhered to the
soil permanently, they are immovable property
because they then fall under the phrase
“constructions of all kinds adhered to the soil.)
Beehives, fishponds or breeding places of
similar nature are real property; Animals
contained therein, included. - Beehives when
purposely constructed and attached to the
ground or on another immovable (like a tree;
wall), fishponds and other similar breeding places,
like cemented container where breeding of fishes
or crustaceans is done, are considered
immovable property if the owner of the land or
tenement intended them to be permanent.
w. Discuss Paragraph 7 of Article 415.
Fertilizer actually used on a piece of land
Fertilizer. - This property is either movable or
immovable depending upon its present
condition. If it is still inside the sack or container,
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LM 7 (WEEK 1)
it is still movable or personal property. The
moment it is spread or applied directly to the soil,
it becomes immovable by destination and
incorporation. Once it permeated the soil, it
cannot be removed from it anymore without
scraping the soil and destroying it.
x. Discuss Paragraph 8 of Article 415.
Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and waters
either running or stagnant
Mines, quarries and slag dumps. - By their
nature, mines, quarries and slag dumps are
immovable property.
Mines - are mineral lands where excavations
are done to extract minerals such as gold, ore, etc.
These minerals, when still attached thereto are
real property, but after extraction, the minerals
become chattels.
b
Docks are wharves or platforms for the loading
or unloading of materials in a vessel or ship.
Though floating in water,nthey are intended to be
stationary. They are real property by destination.
z. Discuss Paragraph 10 of Article 415.
Contracts for public works, and servitudes and
other real rights over immovable property
Immovable by analogy. - These properties
refer to contracts for public works, servitudes and
real rights over immovable property (like
usufruct). They are inseparable from their sources
which are immovables. Hence, for convenience,
they are considered immovables not by nature,
destination or incorporation but by analogy.
While not tangible, they have the characteristics
of real property.

Quarries - are lands where stones are chipped

of or where sand is being extracted. The stones
and sand are considered real property. Once
extracted, they become movables. The stones
and sand are generally used for filling or
construction purposes.

Slag dumps - consist of the waste or dirt taken

from a mine and mounted on the surface of the
ground under excavation. Minerals are sieved
from these slag dumps.

Running or stagnant waters - these waters

refer to waters still running through the soil or
ground in mines and quarries.

y. Discuss Paragraph 9 of Article 415.

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