LM 7 Property Law (1st Week)

a. Discuss In re: Joaquin Borromeo, 241

SCRA 405, A.M. No. 93-7-696-0, 21
February 1995.

b. Discuss Department of Education Culture

and Sports v. San Diego, G.R. No. 89572,
21 December 1989.

c. What is law as defined by St. Thomas

Aquinas?
An ordinance of reason promulgated by
competent authority for the sake of
COMMON GOOD.
f. Discuss the inherent powers of the State.
d. Discuss the hierarchy of laws. (Article 7,
Republic Act No. 386 or the Civil Code
1. for public good or welfare - Police
of the Philippines)1
Power
2. for public use - Power of Eminent
Article 7. Laws are repealed only by
Domain
subsequent ones, and their violation or
3. for revenu - Power of Taxation
non-observance shall not be excused by
disuse, or custom or practice to the
g. Memorize and discuss Article 414.
contrary.
Article 414. All things which are or may
be the object of appropriation are
When the courts declared a law to be
considered either:
inconsistent with the Constitution, the
former shall be void and the latter shall
(1) Immovable or real property; or
govern.
(2) Movable or personal property.
Administrative or executive acts, orders
and regulations shall be valid only when
Art. 416. The following things are
they are not contrary to the laws or the
deemed to be personal property:
Constitution. (5a)
(1) Those movables susceptible of
appropriation which are not included in
the preceding article;
e. Discuss the hierarchy of courts.
(2) Real property which by any special
1 provision of law is considered as personal
property;
LM 7 Property Law (1st Week)

(3) Forces of nature which are brought h. Discuss the concepts of property, thing,
under control by science; and and appropriation.

(4) In general, all things which can be PROPERTY refers to things which are
transported from place to place without capable of satisfying human wants and
impairment of the real property to which needs and are susceptible of appropriation.
they are fixed. (335a)
APPROPRIATION refers to the physical
Art. 417. The following are also taking and occupation of property by the
considered as personal property: government or its actual, substantial
(1) Obligations and actions which have interference with the owner's right to use the
for their object movables or demandable land according to personal wishes by virtue
sums; and of the government's power of Eminent
Domain.
(2) Shares of stock of agricultural,
commercial and industrial entities,
although they may have real estate.
(336a) i. Distinguish between things and property.

Art. 418. Movable property is either Thing is that which is considered to exist as
consumable or nonconsumable. To the a separate entity, object, quality or concept
first class belong those movables which while Property is something that is owned.
cannot be used in a manner appropriate to
their nature without their being j. Discuss the classification of things.
consumed; to the second class belong all
the others. k. Discuss the classification of property
according to:
Personal property is movable property. k.1. Mobility
It's anything that can be subject to k.2. Ownership
ownership, except land. Real property is k.3. Alienability
immovable property - it's land and k.4. Individuality
anything attached to the land. Normally, k.5. Susceptibility to Touch
a piece of property can be easily k.6. Susceptibility to Substitution
classified as either personal property or k.7. Accession
real property.
l. Discuss the attributes of property;
g.1. Discuss HPS Software and
Communication Corporation v. m. What are the rights considered as
PLDT, G.R. No. 170217, 10 property?
December 2012.
LM 7 Property Law (1st Week)

n. What are the classes of rights considered implements directly related to the industry in
as property? question or public works
3.) In case of lakes, rivers or coasts, docks
o. Memorize Article 415. and other structures which are intended by
their nature or object to remain at a fixed
p. Discuss the juridical classification of place (even if floating)
immovable properties. 4.) Animal houses, pigeon houses,
p.1. by nature. fishponds, breeding places, beehives and
p.2. by incorporation. even the animals in these places; in case the
p.3. by destination. owner put all these (buildings, animals, etc.)
p.4. by analogy. there, intending to have them permanently
part of the land
Real Property by Nature
Real Property by Analogy
1.) Land as well as buildings and other
forms of construction attached to the soil 1.) Public works contracts as well as
2.) Trees and plants, if they weren't planted servitudes and other real rights over
by anybody immovable property
3.) Mines, quarries and slag dumps (slag
dumps form part of the bed and water) Note: Timber cut down on timberland is
considered real property until it's taken out
Real Property by Incorporation of the land. Also, the above list is Art. 415
broken down into the academic
1.) Trees and plants that were planted (the classification.
fruit hanging on the trees is considered part
of real property until harvested or removed) q. Discuss Paragraph 1 of Article 415.
2.) Things attached to the real property in
such a way that they can't be removed (1) Land, buildings, roads and constructions
without damaging the real property of all kinds adhered to the soil;
3.) Statues, paintings, reliefs that have been
put there by the owner with the intention q.1. Discuss Navarro v. Pineda, G.R.
that they form part of the property No. L-18456, 30 November 1963.
permanently
r. Discuss Paragraph 2 of Article 415.
Real Property by Destination
(2) Trees, plants, and growing fruits, while
1.) Fertilizer that was actually used on the they are attached to the land or form an
land (if it's not used, it's considered personal integral part of an immovable;
property)
2.) In case there is an industry on the land, s. Discuss Paragraph 3 of Article 415.
machinery receptacles, instruments or
LM 7 Property Law (1st Week)

(3) Everything attached to an immovable in

a fixed manner, in such a way that it cannot (6) Animal houses, pigeon-houses, beehives,
be separated therefrom without breaking the fish ponds or breeding places of similar
material or deterioration of the object; nature, in case their owner has placed them
or preserves them with the intention to have
s.1. Discuss Board of Assessment them permanently attached to the land, and
Appeals v. Manila Electric forming a permanent part of it; the animals
Company, G.R. No. L-15334, 31 in these places are included;
January 1964
s.2. Discuss Meralco Securities w. Discuss Paragraph 7 of Article 415.
Industrial Corp. v. Central Boad of
Assessment Appeals, G.R. No. L- (7) Fertilizer actually used on a piece of
46245, 31 May 1982 land;

t. Discuss Paragraph 4 of Article 415. x. Discuss Paragraph 8 of Article 415.

(4) Statues, reliefs, paintings or other objects (8) Mines, quarries, and slag dumps, while
for use or ornamentation, placed in buildings the matter thereof forms part of the bed, and
or on lands by the owner of the immovable waters either running or stagnant;
in such a manner that it reveals the intention
to attach them permanently to the tenements; y. Discuss Paragraph 9 of Article 415.

u. Discuss Paragraph 5 of Article 415. (9) Docks and structures which, though
floating, are intended by their nature and
(5) Machinery, receptacles, instruments or object to remain at a fixed place on a river,
implements intended by the owner of the lake, or coast;
tenement for an industry or works which
may be carried on in a building or on a piece z. Discuss Paragraph 10 of Article 415.
of land, and which tend directly to meet the
needs of the said industry or works; (10) Contracts for public works, and
servitudes and other real rights over
u.1. Discuss Mindanao Bus immovable property. (334a)
Company v. City Assessor of
Cagayan de Oro City, G.R. No. L-
17870, 29 September 1962.
u.2. Discuss People’s Bank and
Trust Co. V. Dahican Lumber
Company, G.R. No. L-17500, 16
May 1967.

v. Discuss Paragraph 6 of Article 415.