Polytechnic University of the Philippines College of Law

Assignment No. 7, Civil Law Review 1

(RECAP Online Class)
December 5, 2020
Instructions:
• For submission not later than December 11, 2020.
• Save your answers either in word or pdf file, and send to jalpupcollegeoflaw@gmail.com
• Indicate in the email Subject – “RECAP Assignment No. 7 (Surname, First Name)”
1. Define Property.
2. Define Thing.
3. Distinguish Property from Thing.
4. Give three Things that are not Property.
5. Give the Characteristics of Property and Briefly explain each.
6. Briefly explain the following three classifications of THINGS based on the nature of
their ownership.
a. Res nullius
b. Res communes
c. Res alicujus
7. Give an example for each of the above classifications.
8. Is this BUILDING an immovable or a movable property? Explain with legal basis.

9. Is this FOR RENT SIGNAGE an immovable or a movable property? Explain with legal
basis.

10. Is this FENCE an immovable or a movable property? Explain with legal basis.

11. Is a tree an immovable or a movable property? Explain with legal basis.

12. What if the tree was uprooted for use in the construction of a house. Is the
uprooted tree an immovable or movable property?
13. Are growing immovable or movable property? Explain with legal basis.
14. Is there any special law that classifies the growing crops as immovable?
15. Is this FERTILIZER immovable or movable property? Explain with legal basis.
16. Are the WATERS running in the river immovable or movable property? Explain with
legal basis.

17. Give the requisites for machineries and other equipments to be immobilized by
destination.
18. Is a cash register in a restaurant immovable or movable property? Explain with legal
basis.
19. Is this painting hanging on the wall immovable or movable property? Explain with
legal basis.

20. Are these floating docks immovable or movable property? Explain with legal basis.

21. Are railroad tracks immovable or movable property? Explain with legal basis.
22. Is this fire exit stairway immovable or movable property? Explain with legal basis.

23. Are these cages immovable or movable property? Explain with legal basis.

24. When are animal houses considered immovables?

25. Is this floating house immovable or movable property? Explain with legal basis.

26. Are these plants immovable or movable property? Explain with legal basis.
 27. Are stocks certificates immovable or movable property? Explain with legal basis.
28. Are shares of stocks in a corporation engaged in real estate development immovable
or movable property? Explain with legal basis.
29. Are these ladders immovable or movable property? Explain with legal basis.

30. Briefly explain the following classifications of movable properties by nature and
intention:
a. Consumable
b. Non-consumable
c. Fungible
d. Non-fungible
31. Briefly explain the importance of classification of movable and immovable properties
in:
a. Criminal Law
b. Forms of contract
c. Prescription
d. Venue of action
e. Remedy to recover possession
32. What are different classifications of property based on ownership?
33. What are the different properties of public dominion?
34. Give five examples of properties of public dominion that are owned by the State.
35. Give five examples of properties of public dominion (public use) that are owned by
the local government units.
36. What are the characteristics properties of public dominion?
37. Distinguish patrimonial property from property of public dominion.
38. Explain the Regalian Doctrine or jura regalia?
39. Distinguish judicial confirmation of imperfect title from acquisitive prescription.
40. The land is a disposable and alienable agricultural land of the State.
a) Could a private individual acquire ownership of the same by judicial confirmation
of imperfect title?
b) How about acquisitive prescription?
41. Anna and Hans entered into a contract of lease for the use of the lot owned by Hans.
Anna thereafter constructed a building on the property. She placed inside the building
machineries principally used for her wine business. In the contract, Anna agreed to turn
over to Hans all the buildings and improvements upon the expiration of the lease, except for
the machineries. Are machineries movable or immovable properties? Explain.
42. Mark owns a painting. He wants to know if a painting may be categorized as an
immovable property under the Civil Code. Explain.
43. On March 27, 1980, Carlo filed an application for land registration involving a parcel
of agricultural land identified as Lot 2727 with an area of 1 hectare. During trial,
Carlo testified that he and his predecessors-in-interest had been in open,
continuous, uninterrupted, public and adverse possession and occupation of the
land in the concept of an owner for more than thirty (30) years. He likewise
 introduced in evidence a Certification dated February 12, 1981 from the DENR citing
a Presidential Declaration to the effect that agricultural lands of the public domain,
including Lot 2727, were declared alienable and disposable agricultural land on June
14, 1980. If you were the judge, will you grant the application for land registration
of Carlo?
44. Refer to No. 43. Can Carlo acquire said agricultural land through acquisitive
prescription, whether ordinary or extraordinary?
45. On February 28, 1998, Arturo filed an application for registration of title of a lot in
Cavite before the trial court under CA 141 for judicial confirmation of imperfect title.
He presented testimonial and documentary evidence that his possession of the land
and that of his predecessors-in-interest started in 1936. Based on PENRO
Certification and certified true copy of the original classification made by the DENR
Secretary, the lot was declared alienable and disposable in 1993. The government
opposed the petition since Arturo’s possession of five years from the time that the
land was declared alienable and disposable does not comply with the period of
possession in the concept of an owner under CA 141. If you were the judge, how will
you rule?
46. May a Local Government Unit enter into a lease agreement with private individuals
for the exclusive use of the public plaza for one month? Explain.
Read:
• DAVAO SAW MILL CO., INC. VS. CASTILLO, G.R. NO. L-40411, AUGUST 7, 1935
• MINDANAO BUS COMPANY VS. THE CITY ASSESSOR, G.R. NO. L-17870, SEPTEMBER 29, 1962
• REPUBLIC OF THE PHILIPPINES vs. EMMANUEL C. CORTEZ, G.R. No. 186639, February 5, 2014
• IN RE: APPLICATION FOR LAND REGISTRATION, SUPREMA T. DUMO, v. REPUBLIC OF THE
PHILIPPINES, G.R. No. 218269, June 06, 2018
• HEIRS OF MARIO MALABANAN vs. REPUBLIC OF THE PHILIPPINES, G.R. No. 179987
April 29, 2009
• HEIRS OF MARIO MALABANAN, (Represented by Sally A. Malabanan) vs. REPUBLIC OF THE
PHILIPPINES, G.R. No. 179987, September 3, 2013