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Property - Title I, Immovable or Real Property (art. 415), Movable or…

- - - - Property owned by the general public intended for public use and public welfare. Cannot be appropriated by any individual person; extends to public juridical entities such as municipalities, cities or provinces.
        
        Property of State
        
        Intended for Public Service (420 par. 2)
        
        Properties that are not accessible indiscriminately to the public, but are intended for public service.
        
        E.g. government offices, machinery and weaponry used in national defense, etc.
        
        For the development of national wealth (420 par. 2)
        
        Covers natural resources.
        
        Intended for Public Use (420 par. 1: 424)
        
        Intended for public use means that there is no actual use required. Public use refers to use that is not confined to privileged individuals, but is open to indefinite public
        
        Examples - roads, canals, rivers, torrents, etc. BUT private subdivisions roads are not considered as public property, though the owner may tolerate their use by the public (See Woodridge v. ARB 2007)
        
        Property of Municipal Corporations - Also includes property for public use in provinces, cities and municipalities as they are under the control of Congress, thought hey may pertain to local governments. (424 par. 1)
        
        Effects and Significance of Classification as Property of Public Dominion
        
        Outside the Commerce of man
        
        Cannot be leased, donated, sold or become the object of any contract except only for repairs or improvements or other incidental things of similar characters.
        
        Natural resources can be exploited via- joint venture or production sharing agreements. (See Cruz v. DENR) & Art. XII Sec 2. of Constitution
        
        Cannot be the subject of Acquisitive Prescription
        
        No prescription against the state unless the property is patrimonial. (Palanca v. Commonwealth) - Because publicly owned,
        
        Cannot be levied upon in Execution or Attachment
        
        Includes the usufruct, cannot be levied upon. Ratio being essential public services will stop if properties of public dominion become encumbered. Any encumbrance is void for being contrary to public policy.
        
        Cannot be burdened with voluntary easement
        
        Easement - a grant of right to someone else to use land/real property for specified purpose. Public property by nature is intended for public use/service thus cannot be subject to voluntary easement in favor of specific individuals.
        
        Cannot be Taxed
      - Article 419. Property is either of public dominion or of private ownership. (338)
        
        Article 420. The following things are property of public dominion:
        
        Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character;
        
        Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (339a)
        
        Article 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. (340a)
        
        Article 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. (341a)
        
        Article 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities.
        All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws. (344a)
    - - Patrimonial Property (421,424-425)
        
        Not enumerated - Refers to property of the state not enumerated under Art. 420-421 i.e. those not intended for public use, service and not for the development of national wealth. (425)
        
        Abandoned Public Property - property of public dominion no longer intended for public use/service also considered as patrimonial property. (421)
        
        Unlike properties under public dominion, patrimonial property can be the subject of acquisitive prescription.
        
        Local Government Owned - All other properties owned by cities or municipalities not intended for public use is considered as patrimonial property. (424)
      - Refers to (1) All property belonging to private persons, either individually or collectively OR Patrimonial properties of the State, municipalities, provinces or cities.
  - - - Corporeal
      - Incorporeal - refers to property such as rights, etc.
    - - Principal
      - Accessory
    - - Consumability
        
        Consumable if consumed after one use
      - Fungibility
        
        Fungible if unique
      - Deteriorability
    - - Divisible/Indivisible
    - - Generic/Specific
    - - Present/Future objects
    - - Singular
        
        Simple
        
        if it is singular, without any other elements
        
        Compound
        
        If it consists of multiple elements that constitute a whole e.g. river - waters + bed + banks
      - Universal
    - - Appropriable/Non-appropriable
    - - Within/Outside commerce of man
- - - - Traditional requisites for classification as property
        
        (1) Susceptibility to appropriation - must be capable of human control.
        
        "Outside the commerce of man" does not equal incapable of appropriation. The former refers to things that may not be the object of contracts, while the latter refers to susceptibility of control. While lands of public dominion are outside the commerce of man, they are considered property.
        
        (3) Substantivity/Individuality - the thing must haven
        
        Implicit in Art. 414 definition. If a part is separated from the whole and, in that state it is capable of satisfying any human need or want, the it is separate property.
        
        Illustrated in Art. 466 - which provides that: “whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.”
        So if a jewel is attached to a ring, both parts are now one property. If stone is removed, then they are separate property once again.
        
        (2) Utility - can serve as a means to satisfy human needs
        
        Little use for law, as practically everything satisfies some human need or want.
- - - - Nature of Trees/Plants - Note that trees and plants can be immovable by nature, if they are spontaneous from the soil and immovable by incorporation if they are a product of labor.
        
        Effect of Uprooting Trees/Plants -
        
        GR - If they are uprooted, then they became personal property.
        
        Exception - timber from timber land is still immovable because the timber is an integral part of the land.
  - - - Exception - Under Ladaera v. CN Hodges a building that is superimposed on the soil such that its removal would not mean its destruction can be considered as personal property.
        
        If parties stipulate to treat buildings as personal property, they are estopped from claiming otherwise. Contract is enforceable but classification does not change in the eyes of the law. Note that this applies only in cases where the nature of the property is not essential to the resolution of the case.
        
        Estoppel applies under Rules of Estoppel under NCC 1412 , where both parties are guilty.
        
        This doesn't just apply to buildgins tho. I think any immoveable can be treated as personal by stipulation.
        Serg's Produyts vs PCI Leasing
        and
        Tsai vs CA
    - - Here, intent of the parties may govern. If parties treated bolted down movables as movables, then they are.
  - - - Par. 5 - Industry and works must be carried on in the building or on the land. Said machines must tend directly to meet the needs of industry/works; they must be essential and principal elements in the industry.
        
        If the machine is no longer used in the industry then it reverts to being personal property. But if it still is, and is removed from the building it retains status as immovable by destination.
        
        Par. 6 - Even if animals are temporarily outside, so long as intent to return can be determined they are still immovables. However, from POV of criminal law they are personal property and can be objects of theft and robbery.
        
        If only animals are alienated, the transaction is one for personal property only, because their immovable nature is attached to the immovable building. If the immovable building is also alienated, it also becomes an alienation of personal property as the animal structures must be detached from the land to be alienated upon which they revert to personal property.
        
        Par. 9 - A floating house tied to a shore is an immovable, because the "waters" on which it floats are immovables. However, once it detaches and journeys it becomes a vessel, which is personal property.
- - - - Personal Property by special provision - Also covers real property which, by special provision of law is considered as personalty. e.g. "growing crops" under the chattel mortgage law (416 par. 2)
        
        Forces of nature - Also includes forces of nature brought under control by science (416 par. 3)
    - - Consumable - Movables which cannot be used in the manner appropriate to their nature without being consumed e.g. food
      - Non-Consumable - All other movables e.g. jewelry, clothes
      - Movables by Fungibility - Can be fungible by nature (money) or by will of the parties.
        
        De Leon - Money, which is fungible by nature can become non-fungible if the parties specify that the same bills must be returned.
        
        Fungible - Things which have no distinct individuality, can be substituted by another item of equal quantity or quality; can be fungible by nature (money) or by will of the parties
        
        Non-fungible - Things which have distinct individuality; cannot be substituted