personal property by Chattel Mortgage Law. Sibal v. Valdez, 50 Phil 512 (1927)
House built on leased land may be treated insofar as the parties are concerned as personal property and be the object of a chattel mortgage.
Navarro v. Reyes,[9 SCRA 63 (1963)]
3. F orces of nature brought under control by science. Examples− appropriation by another. United States v. Carlos,[21 Phil. 364 (1946)]
4. T hings which can be transported w/o impairment of real property where they are fixed
5. O bligations which have for their object movables or demandable sums (credits)
obligations and actions must be legally demandable
demandable sums must be liquidated 6. S hares of stocks of agricultural, commercial
& industrial entities although they may have real estate
Classification Of Movables:
1. According to nature
a. Consumable – cannot be utilized w/o identical thing is returned, do not admit of substitution
Test To Determine Whether Property Is Real Or Personal
1. Whether the property can be transported or carried from place to place (Rule of Description)
2. Whether such change of location can be made without injuring the immovable to which the object may be attached (Rule of Description)
3. Whether the object does not fall within any of the cases enumerated in Art. 415 (Rule of Exclusion)
3.
ACCORDING TO OWNERSHIP a. Public Dominion
Public Dominion – outside the commerce of men.
KINDS: (USD)
A. intended for public use– can be used by the public or everybody B. intended for specific public service
of state, provinces, cities &
municipalities – can be used only by duly authorized persons, such as government buildings and vehicles C. for the development of national
wealth
Characteristics:
A. Outside the commerce of men – cannot be alienated or leased or be the subject of any contract
B. Cannot be acquired by private individual or even municipalities through prescription subject of a Torrens Title
F. In general, can be used by everybody
NOTE: Fishponds are considered as part of public dominion and cannot be acquired by private persons unless it is converted into patrimonial property. However, fishponds may be leased by the government.
Properties which the government owns for fundamental purposes for rendering government services are properties of public dominion. They are held by the local governments for public service, but at the same time, they can be removed by the State from the LGUs without having to pay just compensation because the LGUs are merely acting as agents. (City of Zamboanga Del Norte v. Province of Zamboanga Del Norte)
b. Private Ownership KINDS:
Patrimonial property - the property of the State owned by it in its private or proprietary capacity, the property is not intended for public use, or for some public service, or for the development of the national wealth.
G.
- Exist for attaining economic ends of state
- Property of public dominion when no longer intended for public use/service – declared patrimonial (Article 422 NCC)- Subject to prescription
- May be an object of ordinary contract - Example: property acquired in execution and tax sales, incomes or rents of the State
H. Property for LGUs
- Property for public use
- roads, streets, squares, fountains, public waters, promenades and public works for public service paid for by the LGUs- all other properties possessed by LGUs without prejudice to special laws are considered patrimonial
NOTE: Patrimonial properties of LGUs cannot be removed by the State without paying just compensation.
I. Property of Private Ownership - all properties belonging to private persons and those belonging to the State and any of its political subdivisions which are patrimonial in nature
Conversion Of Property Of Public Dominion To Patrimonial Property
1. Property of the National Government
formal declaration by the executive or legislative department that the property is no longer needed for public use or for public service
2. Property of political subdivisions
must be authorized by law
NOTE: Sacred and religious objects are outside the commerce of man. They are neither public nor private party.
Political subdivisions cannot register as their own any part of the public domain, UNLESS:
1. grant has been made
2. possession has been enjoyed during the period necessary to establish a presumption of ownership
Aliens have no right to acquire any public or private agricultural, commercial, or residential lands except by hereditary succession.
Private individual has superior right over the property against the state.
The right of the public to use the city streets may not be bargained away through contract. Rule: Local government
cannot withdraw a public street from public use, unless it has been granted such authority by law. Dacanay v. Asistio Jr.,[208 SCRA 404 (1992)]
The power to vacate or withdraw a street or alley from public use is discretionary and such will not be interfered with by the courts. The Charter of Cebu City gives such power to the City Council. Such withdrawn portion thus becomes patrimonial property which can be the object of an ordinary contract. Cebu Oxygen v. Bercilles, [66 SCRA 481 (1975)]
A property continues to be part of the public domain until there is a formal declaration on the part of the government to withdraw it from being such. An abandonment of the intention to use the property for public service and to make it patrimonial property must be definite. It cannot be inferred from the non-use alone. Laurel v.
Garcia, [187 SCRA 797 (1990)]
==============================
======================
TOPICS UNDER SYLLABUS
B. Ownership (Arts. 427-439, CC) 1. Rights of Ownership/Limitations 2. Doctrines of Incomplete Privilege/Self Help
3. Presumption of Ownership 4. Rule of Hidden Treasure
==========================
==================
OWNERSHIP -is the independent right of a person to the exclusive enjoyment and control of a thing including its disposition and recovery subject only to the restrictions or limitations established by law and the rights of others.
TITLE -is that which constitutes a just cause of exclusive possession or which is the foundation of ownership of property.
Kinds Of Ownership:
1. FULL OWNERSHIP (dominium or jus in re propia) – includes all the rights of the owner 2. NAKED OWNERSHIP (nuda proprietas) – where the right to the use and the fruits has been denied
Naked ownership + usufruct = Full ownership
3. SOLE OWNERSHIP – ownership is vested only in one person
4. CO-OWNERSHIP/TENANCY IN COMMON – ownership is vested in two or more owners; unity of the property, plurality of the subjects
1. RIGHTS OF OWNERSHIP/LIMITATIONS Seven Rights Of Ownership:
1. JUS ABUTENDI – right to consume, transform or abuse by its use
2. JUS ACCESIONES – right to fruits and accessories
3. JUS DISPONENDI – right to dispose, including the right not to dispose, or to alienate
4. JUS FRUENDI – right to fruits
5. JUS POSSIDENDI – right to possess
does not necessarily include the right to use (e.g. contract of deposit)
6. JUS UTENDI – right to use and enjoy
Includes the right to transform and exclude any person from the enjoyment and disposal thereof
Limitation: use in such a manner as not to injure the rights of a third person 7. JUS VINDICANDI – right to vindicate or
recover
Limitations on the Right of Ownership:
(CLOGS)
1. those arising from conflicts of private rights (e.g. those which take place in accession continua)
2. those imposed by law (e.g. Legal easement)
3. those imposed by the owner himself (e.g.
Voluntary easement, pledge, lease)
4. those imposed by the grantor of the property on the grantee
A. by contract (e.g. donation) B. by last will
5. those imposed in general by the State A. police power
B. power of taxation
C. power of eminent domain Right of Ownership not absolute
The welfare of the people is the supreme law of the land. Salus populi suprema est lex.
Use your property so as not to impair the rights of other. Sic utere tuo ut alienum non laedas.