COURSE OUTLINE IN PROPERTY (Part 1) DEFINITION thi Generally, properly is an economic concept referring to a mass of useful for human activity. It is synonymous with the concept of 2” which is broader in scope as it includes both that which may be appropriated and that which may not be appropriated. As a course in law, property is that branch of civil law which classifies and defines the different kinds of appropriable objects, provides for their acquisition and loss. It treats of the nature and consequences of ownership and possession of real rights. Classification la. Importance of Classification The classification of property is significant due to different applicable provisions of the law governing acquisition, possession, disposition, loss, registration, etc, (Criminal Law, E Commerce, Form of contracts, Prescription, Action and Venue, and Taxation) 1b, Classification under the Civil Code (Art. 414) 1, Immovable or Real Property ~ Art. 415 a. by nature -(1) and (8) b. by incorporation ~ (2), (3), (7) ¢. by destination ~ (4), (5). (6), (9) 4. by analogy — (10) 2. Movable or Personal Property ~ Arts. 416.417, 418 Differences between Real Rights and Personal Rights By Ownership L.e.1. Res Nullius 1.¢.2. Public Domain (Arts. 419, 420-422, 424) Effect of Classification of Property as Property of Public Dominion Property Outside the Commerce of Man Property Cannot be the Subject of Acquisitive Prescription Property Cannot be Attached or Levied upon in Execution Property Cannot be Burdened with a Voluntary Easement1.c.3. Property of State — Art. 420-422 For Public Use Public Service For Development of National Wealth L.e4. Property of Municipal Corporations ~ Art. 424, par. 1 Lec.5. Private property Patrimonial Property of State — Art. 421 Patrimonial Property of Municipalities, Cities and Provinces Art, 424, par, 2 Private Property of Private Persons — Art. 425, par. Individually Collectively Other Classification based on viewpoints 1.b.1 By their physical existence a. Corporeal (tangible) b. Incorporeal (intangible) 1,b.2. By their dependence or importance a. Principal b. Accessory 1.b.3. By their Subsistence (Art. 418) a, Consumable b. Non-Consumable 1.b.4. By the intention of parties a. Fungible (replaceable) b. Non-fungible (irreplaceable) 1.b.5. By its susceptibility to Division a. Divisible b. Indivisible 1.b.6. By reason of Designation a, Generic b. Specific 1.b.7. By its existence a. Present b. FutureCases: 1.b.8. By its susceptibility to Commerce a. Within the Commerce of Man b. Outside the Commerce of Man Laurel vs. Garcia (EN BANC) G.R. No. 92013 & 92047, July 25, 1990 Davao Sawmill Co. vs. Castillo, 61 Phil 709. Chavez vs Public Estates Authority GR 133250, July 9, 2002 (read also the Decision of November 11, 2003) OWNERSHIP A. Definition Ownership ~ It is independent and general right of a person to control a thing, particularly in his possession, enjoyment, disposition and recovery subject to no restrictions, except those imposed by law and the rights of others. Ownership is a relation in private law by virtue of which a thing (or property right) pertaining to one person is completely subjected to his will in everything not prohibited by public law or the concurrence with the rights of another. B. Kinds of Ownership a. Full ownership b. Naked ownership c. Sole Ownership d. Co-ownership Cc Rights of an owner under the Civil Code (Art. 428) c.]. — the right to enjoy includes . . . the right to possess (jus possidendi) the right to use (jus utendi) the right to the fruits (jus fruendi) ¢.2. the right to dispose (jus disponendi) includes . . . the right to consume or destroy (jus abutendi) the right to encumber or alienate ¢.3. the right to recover (jus vindicandi) ¢.3.1 Object of recovery , a. Recovery of personal property (Replevin) b. Recovery of real propertyAccion Reivindicatoria (reivindicatory action) Accion Publiciana (plenary action to recover possession) Forcible Entry or Unlawful Detainer ¢.3.2. Requisites in an action to recover (Art.434) a, Identity of property b. Strength of plaintiff's title ¢.4. Disputable presumption of ownership (Art. 433) D. Other Specific Rights Found in Civil Code 249, 430, 437, 438, 444 a. _ Right to Exclude; Self-help; Doctrine of Self Help; Art. 429 b. Right to Enclose or Fence — Art. 430 ~ the right to exclude and enclose is subject to Art. 431 and the “state of necessity” (Art. 432) | c. Right to Receive Just Compensation in Case of Expropriation — Art. 435 . Right to Hidden Treasure ~ Arts. 438-439 €. Right to accession —Art. 440 D. Limitation of Real Right of Ownership 1. General Limitation a. Police power b, ‘Vaxation c. Eminent domain Be Specific Limitation 3. Limitations from other provisions of Civil Code Arts. 431, 432 Arts. 2919, 677, 670, 649, & 652, 637, 676, 644, 684-687 4. Limitation under our Constitution Art. XII, Sections 7 & 8 Cases: 1. Valdez vs. CA GR No, 132424. May 4, 2006 2. De Gallego vs. Land Authority, L-26848, August 17, 1981 106 SCRA 598, 604-606