CIVIL LAW: PROPERTY – REVIEWER

PROPERTY vs. THING

 All Properties are Things; not all Things are Properties
Property
- physical or real, juridical, and legal entity capable of becoming the subject
matter or object of a juridical relation
- object to the validity of a contract
- susceptible to appropriation
Requisites (USA):
- has Utility
- possesses Substance (has separate autonomous existence)
- subject to Appropriation
Thing
- object that exists
- capable of satisfying human needs
MOVABLE vs. IMMOVABLE [Article 414, New Civil Code]
- Enumeration;
o Immovable – Art. 415, New Civil Code
o Movable – Art. 416, New Civil Code + Art. 417, New Civil Code

Movable (PERSONAL PROPERTY)

- transferable from one place to another
Immovable (REAL PROPERTY)
- fixed or permanent
- integral to an immovable property
- not transferrable; transfer results to destruction/deterioration
- ornamental, intended to be permanently attached [Article 415 (4)]
- those intended to be permanently fixed/attached
Juridical Classification of Real Properties (NIDA)
- Nature – by itself cannot be moved
- Incorporation – separation results do destruction
- Destination – placed
o Machinery/Equipment – calls for necessity
o Ornament – factors in owner’s intention
- Analogy – real rights
FUNGIBLE vs. CONSUMABLE [Article 418, New Civil Code]
Consumable – upon use:
- there is reduction/decrease in quantity
- there is physical destruction
- there is deterioration
CIVIL LAW: PROPERTY – REVIEWER

Fungible
- replaceable by another property with the same kind of equal quantity
o equality by nature or by agreement

PROPERTY OF PUBLIC DOMINION vs. PATRIMONIAL PROPERTY

Private Property – owned by private persons, juridical or natural
Public Properties
- Public Dominion
o owned by the government
o outside the commerce of man
o inalienable
- Patrimonial Properties
o owned by the state in its private capacity
o proprietary
o alienable

PROPERTY FOR PUBLIC USE vs. PROPERTY FOR PUBLIC SERVICE

- Property for Public Use – used by indiscriminately everyone
- Property for Public Service – only used by authorized persons
RES NULLIUS vs. RES COMMUNES vs. RES DERELICTA vs. RES ALICUJUS
(N) R. Nullius – unowned; susceptible to appropriation
(C) R. Communes – owned by everyone
(D) R. Derelicta – abandoned; intended to be no longer owned
(A) R. Alicujus – tangible/intangible; owned privately, collectively/individually
BUILDER/POSSESSOR IN GOOD FAITH
B. in Good Faith
- a person built in a property he thought he owned
o or with the consent of the landowner

NECESSARY EXPENSES vs. USEFUL EXPENSES vs. ORNAMENTAL/LUXURY

EXPENSES
Necessary
- without it, the thing will physically deteriorate or perish
Useful
- increase the productivity or raise the value
Ornamental/Luxury
- add to the value of the thing
o neither essential nor useful

ORDINARY vs. EXTRAORDINARY EXPENSES

Ordinary – shouldered by the person enjoying the possession of the property
Extraordinary – responsibility of the owner
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REAL RIGHT vs. PERSONAL RIGHT

Personal Right
- belonging to one person
- attached to the owner
Action in PERSONAM
- attached to the person
Real Right
- autonomous power to derive directly from an appropriate thing certain
economic advantages
- respected regardless of the owner
Action in REM
- attached to the property, whomever the owner may be
Classification of Real Rights:
1. Of Full Control
OWNERSHIP vs. POSSESSION
Possession – right of an owner
Ownership – exercised over things or rights; all-encompassing
Kinds of Ownership
- Full – all rights
- Naked – right to use; no fruits
- Sole – vested only in one
- Co-ownership – vested to 2 or more
(6) RIGHTS OF AN OWNER
1. Jus Possidendi – to possess
2. Jus Fruendi – to the fruits
3. Jus Utendi – to use
4. Jus Abutendi – to abuse
5. Jus Disponendi – to dispose
6. Jus Vindicandi – to recover
LEASE vs. USUFRUCT
Lease Usufruct
Nature Onerous Gratuitous or Onerous
Possess
Use
Under stipulation
Enjoy rd
3 person (right to dispose
—original owner)
CIVIL LAW: PROPERTY – REVIEWER

DOCTRINE OF SELF-HELP vs. DOCTRINE OF INCOMPLETE PRIVILEGE

Doctrine of Self-Help [Article 429, New Civil Code]
- use of reasonable force necessary to repel/prevent actual or threatened
unlawful act, i.e., physical invasion/usurpation of property
Doctrine of Incomplete Privilege [Article 432, New Civil Code]
- necessary interference to prevent more significant damage to adjoining
properties
o factor in the absence of absolute right
o a justifying circumstance in Criminal Law

LIMITATIONS TO OWNERSHIP
(3) Inherent Powers of the State
Police Power
- destruction/taking of private property for the general welfare of society
- without just compensation
Eminent Domain
- taking of private property for public use
- with just compensation
Taxation
- imposition of taxes
Limitations Imposed by 3rd Persons [Article 431, New Civil Code]
- impairment of others’ rights
HIDDEN TREASURE [Article 438, New Civil Code]
- hidden and unknown money, jewelry, and other precious objects discovered
by chance
o the lawful owner is unknown
- shared with a spouse under Absolute Community Property [Article 117,
Family Code]
- G.R. Owner of the property; discovers = owns hidden treasure //
o the State, in the interest of Science or the Arts
 with just price
o Finder’s entitlement
 ½ of the Hidden Treasure
 Not an Agent or Trespasser
ACCESSION
- not a mode of acquiring ownership
o an extension of ownership over a thing to whatever is incorporated into
it
 natural or artificial
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- Attached, Produced, and Incorporated

Accessories – ornaments; add beauty and may be removed without causing
injury
Kinds of Accession
AS TO REAL PROPERTY
1. Accession Discreta [Article 441, New Civil Code]
- Right to the Fruits
- the Owner //
o Possessor in good faith
o Usufructuary
o Antichresis Creditor
o Lessee
2. Accession Continua
- by External Forces
Accession Industrial
- by human intervention = API
o by the Builder, Planter, Sower

Category Personalities
Landowner = B/P/S B/P/S Landowner
Different from the owner of the material Owner of the material
Landowner Landowner
Different from the Owner of the material,
who is the B/P/S B/P/S Owner of the material
Landowner Landowner
Different from the Owner of the material Owner of the Material
Different from the B/P/S B/P/S

Accession Natural (AAUA/R)

- without human intervention = API
o Alluvium
 unidentifiable
 gradual accumulation of small particles to a greater mass
 belongs to the owner of the property it is attached to
 delayed accession
 ownership takes effect after two years without a claim
from the owner of the detached area
o Avulsion
 identifiable
 sudden/abrupt process
 belongs to the owner of the property it detached from
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 may claim within (2) two years

o Uprooted Trees
 the owner of the uprooted tree can be found
 delayed accession
 (2) two months for the owners to claim
o Abandoned Riverbeds
 does not apply to canals
 change of river flow
 the owner of the area where the river now flows may
claim the abandoned riverbed
AS TO PERSONAL PROPERTY
Conjunction/Adjunction
- two personal properties put together
- removal of one results in destruction // if possible
o may be separated by the owners
o the owner of the principal may demand separation
- separate identities are retained
- determining the principal and accessory
o by the higher value // if unidentifiable
 Rule of Importance //
 Both in Bad Faith
 O. Principle in Bad Faith
o O.P. is liable for damages
o O.A. may demand separation even if there is
destruction
 O. Accessory in Bad Faith
o O.A. is liable for damages
o O.P. takes the accessory property
 No Bad Faith
o Qualify the properties
 Rule of Greater Value
 Rule of Greater Volume
 Rule of Greater Merit/Sentimental Value
Mixture
- union of property
o Commixtion – the mixture of two solids
o Confusion – the mixture of two liquids
 separate identities are lost
- results to Co-Ownership
- impossibility of separation
- no Principal or Accessory
CIVIL LAW: PROPERTY – REVIEWER

- //
o by accident in Good Faith = Co-Ownership
o by accident in Bad Faith
 liability for damages
 loss of right over property

Specification
- the transformation of an object by the application of labor
o becoming a thing of a different kind
o HUMAN LABOR is the principal
- the identity of the personal property is transferred to another by human
intervention
- RULES:
o EMPLOYER OF LABOR IN GOOD FAITH
 G.N. Maker acquires the new thing and compensates the owner of
the materials. [(1) Art. 474]
 If the value of the material is greater than the value of labor, the
Owner Of The Material may:
 to acquire the property & indemnify for labor
 demand indemnity for the material
o EMPLOYER OF LABOR IN BAD FAITH
 The owner of the material may:
 acquire the result without indemnity (due to the
impossibility of separation)
 acquire indemnity for the material with damages
o OWNER OF MATERIAL IN BAD FAIT
 the material is lost, and damages must be paid
QUIETING OF TITLE
CO-OWNERSHIP
POSSESSION4
2. Of Enjoyment
3. Of Guaranty
4. Of Acquisition