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Law on Property | CIVIL LAW | MDT Notes 2021

PROPERTY

A. CLASSIFICATION OF PROPERTY

1. Immovables

CLASSIFICATION
ART. 415 NOTES
OF IMMOVABLE
(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
(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
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Law on Property | CIVIL LAW | MDT Notes 2021
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

2. Movables

ARTS. 416 & 417 NOTES

(1) Those movables susceptible of
appropriation which are not included
in the preceding article;
(2) Real property which by any special
provision of law is considered as
personalty;
(3) Forces of nature which are brought
under control by science; and
(4) In general, all things which can be
transported from place to place
without impairment of the real
property to which they are fixed.
(5) Obligations and actions which have
for their object movables or
demandable sums; and
(6) Shares of stock of agricultural,
commercial and industrial entities,
although they may have real estate.

Article 418. Movable property is either consumable or nonconsumable. To the first class belong those movables which cannot
be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others.

Classification of Property by Nature

According to consumability:

1. Consumable property – That which cannot be used according to its nature without being consumed or being
eaten or used up.

2. Non-consumable property – That which can be used according to its nature without being consumed or being
eaten or used up.

According to susceptibility to substitution:

1. Fungible property – That property which belongs to a common genus permitting its substitution.
2. Non-fungible property – That property which is specified and not subject to substitution.

NOTE: As to whether a property is F or NF is determined by the agreement of the parties and to the consumability
of the thing.
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Law on Property | CIVIL LAW | MDT Notes 2021

B. OWNERSHIP

1. Bundle of rights

a. Actions to recover ownership and possession of real property and its distinctions
b. Actions for recovery of possession of movable property

2. Distinction between real and personal rights

3. Modes of acquiring ownership
4. Limitations of ownership

C. ACCESSION

1. Right to hidden treasure

2. Rules of accession

a. For immovables
b. For movables

D. QUIETING OF TITLE

1. Requisites
2. Distinctions between quieting title and removing/preventing a cloud
3. Prescription/non-prescription of action

E. CO-OWNERSHIP

1. Characteristics of co-ownership
2. Sources of co-ownership
3. Rights of co-owners
4. Termination of co-ownership

F. POSSESSION

1. Characteristics
2. Acquisition of possession
3. Effects of possession
4. Loss or unlawful deprivation of a movable
5. Possession in concept of owner, holder, in one's own name, and in name of another
6. Rights of the possessor
7. Loss or termination of possession

G. USUFRUCT

1. Characteristics
2. Classification
3. Rights and obligations of usufructuary
4. Rights of the owner
5. Extinction, termination, and extinguishment

H. EASEMENTS

1. Characteristics
2. Classification
3. Modes of acquiring easements
4. Rights and obligations of the owners of the dominant and servient estates
5. Modes of extinguishment
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Law on Property | CIVIL LAW | MDT Notes 2021

I. NUISANCE

1. Nuisance per se
2. Nuisance per accidens
3. Liabilities
4. No prescription
5. Criminal prosecution
6. Judgment with abatement
7. Extrajudicial abatement
8. Special injury to individual
9. Right of individual to abate a public nuisance
10. Right to damages
11. Defenses to action
12. Who may sue on private nuisance

J. MODES OF ACQUIRING OWNERSHIP

1. Occupation
2. Donation
3. Prescription