3rd person is not affected by the said contract. Contracts. Naka-lease pala sa isang tao.

Josh, siya yung party don sa lease.

NOTES:

Susceptible of appropriation

Pargraph 1:

Paragraph 2:

Kapag nanakaw. Special provision of law

If the machines are not essential to the industry or the business, then it is movable. Mixer ng chocolate
sa choco factory, it is essential. Incidental

Movable property

-enumerated lang
All properties which are not real are personal. Certain property

-all things which are susceptible of appropriation. Abuse, use, enjoy the fruits. Which can be
transported from place-to-place without impairment of the real property.
 NOT BY THE OWNER. But can be separated, t

3 essential elements for immovability of a movable property

1. Is it the owner or agent ang naglagay?

2. Is there an intention to make it permanent?
3. Is there substantial injury kapag inalis?

Case: electricity is a force of nature even though it is intangible.

Another case: Telecommunications ng PLDT. Tinap daw tas nanakaw yung line. Hindi nakikita
yung telecommunications line, pero na-ccredit sa PLDT. Hindi naman personal property ang
telecommunications line??? Actually yes, because it may be appropriated. Binebenta ng PLDT.
Three Tests to Determine whether Property is movable or immovable

(a) carried from palce to place

(b) change location without injuring the real property

1. Chattel Mortgage law

-you can have growing crops and fruits as subject of a chattel mortgage.

-the growing crops become personal property

-umutang ka sa BPI ng 1million pesos tas mangoes na lang ganern. Mangoes which are not yet
gathered from the trees, then they are considered personal property.

2. Revised penal code

-ungathered fruits ay ninakaw, nagiging personal property.

Forces of nature brought under control of man through the help of science, thereby

-Oxygen. Intangible. Pero w/ help of science.

-Air nagiging personal property if with the help of man.

-Gas and electricity.

Personal Property

-although intangible/incorporeal right, it is a thing in action. Right of a person to bring an

action.

-means a thing in action. A personal right

-May kasalanan yung isang tao sayo, tas nag-file ka ng action for damages, that right to
bring an action is called chose in action.

-this is personal property. From demandable sum.

Obligations in general

-obligation arising from law.

-magulang suusportahan under family code to support anak. arising from law

-magbayad ng tax

-Arising from contract

-obligation to pay the contract of loan.

-contract of lease.

-Arising from Quasi-Contract

-2 examples

Solution indebti

-no pre-existing contract

-principle of unjust enrichment.

-nasobrahan yung sweldo. Tas bat ako nasobrahan. Meron kang

obligation na ibalik yung sobra.

-Pumunta kang 7/11. 500

Negotiorum Gestio

-Pumunta sa .

-walang contract.

-kung ano man yung expenses sa pag-save.

Delict / Crime

-acts or omissions punished by law.

-nakasuhan ka. Babayaran ka ng damages. Bukod sa makukulong ka, merong

damages. Obligation to pay the private complainant.

Quasi-delict

-semi-crime
 -negligence. Sa isang reckless imprudence. Nag-ddrive ka tas may biglang
nabangga. So meron kang babayaran kasi may quasi delict

Since may personal right. Therefore it is personal property.

Article 417.

Shares of stock – unit of ownership.

Considered personal property. Obligations and actions

Subj ng contract is movable, then therefore it follows that the obligation is movable.

Rights or credits.
If the object is illegal.

Right to recover possession for instance

If object ng obligation is movable, then right to demand is movable/personal.

If object ng obligation is real property, then the right is real.

2nd paragraph. In terms of obligation, obligation must be due and demandable. Saka ka
lang magkakaron ng right to collect the money. Didismiss kaso mo if hindi.

Super important ng oblicon.

Gerard nangutang ng 100k.

July 1 babayaran. Judicially and extrajudicially demand. (Write a demand letter, uy magbayad ka
na)

Demand to vacate. Unlawful detainer case.

Paragraph 2. Shares of stock.

Certificate of subscription – evidence. Certain number of shares. Pwedeng collateral yung stocks. Fully
paid. 10,000 shares. 5 pesos. Edi 50k

Article 418
Consumable.

-those movables which cannot be used in a manner appropriate to their nature.

-nature is kakainin.

-nature is gagamitin. Edi gagamitin.

-Bread. A food which is consumable.

-cake.

Non-Consumable

-any other kind of movable property

Fungible

-the very nature of the corporeal object itself.

-the intention of the parties.

-replaced by another of the same kind.

-commodatum.

-nanghihiram ka without any consideration. Nanghiram ka ng phone. Bailor and bailee.

Non-Fungible

-otherwise it

-muttum. Debtor and creditor.

Are consumable and non-consumable always movable?

Yes. It cannot be immovable.

Ownership of the Properties

Who owns the property?

Article 419. Public dominion or of private ownership.

Public dominion

Those intended for public use

Those which belong to the State.

Public dominion.

Public so state-owned.

Private ownership

Owned by a private individual AND the government or the national government or the local
government.
 The government may have a property that is for public use and cannot be subject of sale of
lease.

-It can be sold, it can be subject of lease – yun yung. Property owned by the LGU, through an
ordinance. Sa LGU ganern, ordinance lang. pero pag national, through congress.

Kailangan dumaan muna. Ownership.

So, 420. Public dominion.

-intended for public use. – para sa lahat, roads, creeks, ports, banks, shores

-belonging to the state – not for public use. Forest. Masyado delikado ganern, pero
dinedevelop ng scientists.

Public Dominion
In relation to state, either of public dominion or patrimonial properties

Patrimonial property

Properties owned by government that may be leased, sale (enabling law dapat pag may
sale)

Private ownership ng government. Kahit sa barangay.

In relation to the political subdivisions. Either individually or collectively.

Public dominion

3 kinds of property of public dominion

(1) anybody
 (2) public service – army rifles
(3) development – benham rise (maraming natural resources), forests for exclusive economic zone
ng Philippines
a. Malampaya – palawan, gitna ng dagat nasa exclusive economic zone. Nakatayong
structure na hihigupin lahat ng gas. Paubos ng chuchu. For Luzon.
b. West Philippine Sea

Others of similar character

-lands reclaimed by the Sea. Manila bay. Along Roxas boulevard na dating tubig. Ni-reclaim. MOA
ay pagmamay-ari ng government. Pero yung MOA was sold

I. Onti-onting kinakain ng water. Right of accretion and right of accession. Lupa napupunta sa
sea. Belongs to the government.

Public dominion

-Regalian Doctrine / Jura Regalia

-what is being estoused under section 2

-that all lands of the public domain, as well as all natural resources are owned by the
state.

-walang nagmamay-ari niyan except state

-Regalian, san galing yung word?

-we can trace it back before, King. Siya yung nagmamay-ari ng lupa sa
Philippines.

-colony ng spain.
 -all lands are owned by the state. They remain to be part of dominion.

Chavez v. Public Estates Authority.

-the submerged lands are part of the state’s inalienable natural resources and classified
as property of public dominion.

-ownership of MOA. Binenta sa SY.

Public Dominion

-ownership by the public in general, pero government yung may-ari ng government.

-administer

-so government lang nag-aadminister.

-in the consequence of its territorial integrity.

-government by the people, of the people, for the people,

Arises

Merong mga public properties that cannot be subject to sale, hence cannot be leased,
donated, sold or be the object.
 Natural resources. Pwede joint venture with private individuals. Exploration,
development, and utilization. Wag lang isuko yung ownership. Joint venture.

Benham Rise. Joint venture ng isang company

Sa isang company na foreign. Together with DOST and marine scientists. Including the
institute of marine biology sa UP

Fisheries code. Of 1998. Fishponds which are likewise owned by state, they may be leased.

Alienated = sold.

Pagmamay-ari ng state, pwedeng ipa-lease. Meron din private keme keme.

Tidal swamps. Pwedeng fishpond lease agreement. Mangroves sa Palawan

Intent to devote, sufficient

 -public dominion, it is not necessary that the same be actually used for some public use
or for some public service.

Kapag abandoned, need ng go signal.

Executive dept. Office of President, pwedeng i-benta. BGC. Military camp daw siya,
abandoned. Anong ginawa ng Ramos admin. Gumawa ng executive order selling/privatizing itong lupa.
May positive act from executive, but better if congress.

Kahit na abandoned yan, pero there is an intention to use it for public use. Unless there
is a positive act from congress/government which directs that agency to sell it.

Public Use

Use which is not confined to privileged individuals, but open to indefinite public.

Public Service

Although used for public, ilang individuals lang. Cannot be indiscriminately be used by the
public. Gymnasium. Hospital for public service. School. For public service. 7am – 5pm.
420

Water code of the Philippines

River and natural beds.

Ilalim ng river is natural bed.

Continuous or intermittent waters of springs and brooks

Water flowing over lands