PROPERTY Mines, quarries, slag dumps
1. While the matter thereof forms part of the bed
A. CLASSIFICATION OF PROPERTY 2. Meaning, the matter thereof remains unsevered from the
1. IMMOVABLES (ART 415) soil
1. Lands, buildings, roads, and other constructions Waters, running / stagnant classified as immovables
adhered to the soil; Docks and structures, through floating
2. Trees and plants while attached to land or are 1. intended by their nature and object
integral part of immovable 2. to remain at a fixed place on
3. Everything attached/fixed to immovable and cannot 3. a river lake or coasts
be removed without damage to it; Contracts for public works and servitudes, and other real rights
4. Statues, paintings, and others for use as over immovables
ornamentation placed By owner of land or building, a. res – real right is real property, the right itself is real
with intention to attach them permanently; property
5. Machinery, instruments or implements placed by b. so ownership is a real property if the thing owned is
owners of tenements to meet directly needs of immovable
industry or works carried threat; c. where it is a personal property, the right itself is personal
6. Animal houses, beehives fishponds placed by property. Except – case of contracts for public works
owner with intention to attach them permanently on which are considered real propert
the land;
7. Fertilizer actually used on a piece of land 2. MOVABLES (ART 416)
8. Mines, quarries while forming parts of bed and 1.Those not included in list of immovable in Art. 415
waters either running or stagnant 2. Real property considered personalty by special
9. Docks and structures, which though floating, are provision of law, eg. Chattel Mortgage Law;
intended by their nature and object to remain at a 3. Forces of nature brought under control by science;
fixed place on a river, lake, or coast 4. In general, those that can be removed or transported
10. Contracts for public works, servitudes and real without impairment to immovable to which they are
rights over immovable attached;
5. Obligation and actions whose objects movables or
Classes: (NIDA) money
a. Nature – cannot be carried from place to place 6. Shares of stocks and their certificates
b. Incorporation –attached to an immovable in a fixed manner to 7. Intellectual property, like copyrights, patents, and
be an integral part trademarks.
c. Destination –placed in an immovable for the utility it gives
d. Analogy –express provision because it is regarded as united to Q: May a Meralco post be considered machinery / real property?
the immovable property – YES. Machinery, instruments or implements placed by owners
of tenements to meet directly needs of industry or works carried
Lands, buildings, roads, constructions threat; (par.5, 415) immovables by destination, or “Those which
1. Adhered to the soil are essentially movables, but by purpose for which they have been
2. Buildings – permanent structure, regardless of ownership placed in an immovable, partake of the nature of the latter, because
3. Roads – whether public/private of the added utility derive therefrom.”
Trees, Plants, Growing fruits Properties become immobilized if the ff requisites concur:
1. Attached to land a. They are placed in the tenement by the owner of such
2. Form an integral part of an immovable tenement
If cut – movable b. They are destined for use in the industry / work in the
Growing crops / ungathered fruits – may be treated as needs in the tenement
personal property for purposes of attachment, execution, c. They tend to directly meet the needs of said industry/
chattel mortgage law works (Manila Electric v. City Assessor, Oct 16,2016)
Everything attached to an immovable in fixed manner
1. Cannot be separated from immovable
2. Without breaking the material, or B. OWNERSHIP
3. Deterioration of the object - Exercised over things / rights
If temporarily separated, immovable parin, if - Beneficial – legal title is in another; Naked – all benefits and
there’s intent to put back privileged enjoyed
Intent to attach permanently is essential
Statutes, reliefs, paintings, objects used for ornamentation 1. Bundle of rights
1. Placed on the immovable by OWNER /agent Seven Jus-es
2. In such manner that it reveals the intention to attach them 1. Possisendi – to possess
permanently 2. Utendi – to use and enjoy
Machinery, receptacles, instruments, implements for industry or 3. Fruendi – to receive the fruits
works 4. Accessionis –to receive accessories
1. Placed by the OWNER of the tenement or his agent 5. Abutendi – to consume – use that extinguishes
2. Destined for use in industry/work in the needs of tenement 6. Disponendi – to dispose/not to dispose – sale/donation
3. Machinery, etc used must tend directly to meet the needs (total) / mortgage / pledge (partial
of said industry/works 7. Vindicandi – to recover possession and / or ownership
Essential and be principal elements of an industry or work
Attachment or incorporation to immovable not essential, a. ACTIONS TO RECOVER OWNERSHIP AND
since they become immovable because of destination, POSSESSION OF REAL PROPERTY AND ITS
what is essential is their utility. DISTINCTIONS
Animal houses, pigeon houses, beehives, fish ponds or Real Property –
breeding places of similar nature Accion interdictal or ejectment suit, which involves mere physical
1. In case owner has placed them or preserves them possession or possession de facto.
2. With the intention to have them permanently attached to o Forcible entry, when the dispossession was
the land effected by force. Intimidation, strategy, threat,
3. And forming a permanent part of it stealth (FISTS) and
4. The animals in these places are included i. Instituted by person deprived of
1. Must permanently form part of the land and so intended by possession
the owner ii. Unlawful deprivation of the
Fertilizers actually used on a piece of land possession of any land / building by
a. Actually used on a piece of land FISTS
- Fertilizers kept in a barn are not immovable
iii.Filed within 1 yr from date of actual 7. Succession
entry, but for cases of stealth and 4. LIMITATIONS OF OWNERSHIP
strategy from date of knowledge 1. By state’s power to tax, police power, eminent domain
o Illegal detainer, where the possession by the 2. Those imposed by law, such as legal easement
defendant was at first lawful but became 3. Those imposed by the owner himself, such as voluntary
unlawful later. easement
i. Instituted by landlord, vendor, vendee 4. Those imposed by grantor of the property on the grantee
or other person against who the 5. Those rights arising from conflict of private rights which take
possession of any land or building is place in accession continua
unlawfully withheld 6. Prohibition against the acquisition of private lands by aliens
ii. Unlawful possession after the
expiration or termination of the right C. ACCESSION
to hold possession (by virtue of 1. RIGHT TO HIDDEN TREASURE
contract, etc) 2. RULES FOR ACCESSION
iii.Filed with 1 year from date of last A. FOR IMMOVABLES
demand to vacate B. FOR MOVABLES
iv.At the MTC where property is located
o This summary action is filed with the proper
MTC within 1 year from the forcible entry or D. QUIETING OF TITLE
last demand to vacate in the case of illegal 1. REQUISITES
detainer. 2.DISTINCTION BETWEEN QUIETING AND
It requires: REMOVING/PREVENTING A CLOUD
o proof of prior physical possession and/or 3. PRESCRIPTION/NON-PRESCRIPTION OF ACTION
o the termination of the right to possess by the
defendant. E. CO-OWNERSHIP
1. CHARACTERISTICS OF CO-OWNERSHIP
Accion publiciana, possessory action filed when accion interdictal 2. SOURCES OF CO-OWNERSHIP
has prescribed, and within 10 years prescription therefrom, with the 3. RIGHTS OF CO-OWNERS
proper RTC. 4. TERMINATION OF CO-OWNERSHIP
The issue is possession de jure or the better right of possession. F. POSSESSION
The remedy of preliminary injunction may be granted, though 1. CHARACTERISTICS
sparingly, when the plaintiff has clear positive right over the property 2. ACQUISITION OF POSSESSION
and defendant clearly not entitled thereto. 3. EFFECTS OF POSSESSION
4. LOSS OR UNLAWFUL DEPRIVATION OF A MOVABLE
Accion reinvindicatoria, also known as reinvindicatory action is filed 5. POSSESSION IN CONCEPT OF OWNER, HOLDER, IN ONE’S
within the same prescriptive period as accion publiciana with the OWN NAME, AND IN THE NAME OF ANOTHER
proper RTC. It involves both the issue of possession and ownership, 6. RIGHTS OF THE POSSESSOR
that is: 7. LOSS OR TERMINATION OF POSSESSION
(a) that the plaintiff is the owner of the land or possessed it in
concept of owner; and G. USUFRUCT
(b) the defendant dispossessed him of the land. 1. CHARACTERISTICS
2. CLASSIFICATION
ACTIONS FOR RECOVERY OF POSSESSION OF MOVABLE 3. RIGHTS AND OBLIGATIONS OF USUFRUCTUARY
PROPERTY 4. RIGHTS OF THE OWNER
5. EXTINCTION, TERMINATION, AND EXTINGUISHMENT
The suit is the principal action for Replevin, the provisional
remedy of writ of replevin for the immediate delivery of the
property to the plaintiff upon the of a bond and his retention
H. EASEMENTS
thereof pendent lite (Rule 60).
1. CHARACTERISTICS
2. CLASSIFICATION
The suit must be filed within the prescriptive period of 4 years or 3. MODES OF ACQUIRING EASEMENTS
8 years from the time of possession depending if the holder has 4. RIGHTS AND OBLIGATIONS OF THE OWNERS OF THE
good or bad faith. DOMINANT AND SERVIENT ESTATES
5. MODES OF EXTINGUISHMENT
2.Distinction between real and personal rights
Real right Personal right
I.NUISANCE
Definite active subject – who has Definite active subject and a
1. NUISANCE PER SE
a right against all persons, definite passive subject
2. NUISANCE PER ACCIDENS
generally as an indefinite
3. LIABILITIES
passive subject
4. NO PRESCRIPTION
Object is generally a corporeal Incorporeal
5. CRIMINAL PROSECUTION
thing
6. JUDGEMENT WITH ABATEMENT
Created by mode / title Created by title 7. EXTRAJUDICIAL ABATEMENT
Extinguished by the loss or Personal right survies the subject 8. SPECIAL INJURY TO INDIVIDUAL
destruction of the thing which it matter 9. RIGHT OF INDIVIDUAL TO ABATE A PUBLIC NUISANCE
is exercised 10. RIGHT TO DAMAGES
Directed against the whole world Directed against a particular 11. DEFENSES TO ACTION
(action in rem against 3rd person (action in personam) 12. WHO MAY SUE ON PRIVATE NUISANCE
persons)
J. MODES OF ACQUIRING OWNERSHIP
3.MODES OF ACQUIRING OWNERSHIP 1. OCCUPATION
OLD-TIPS 2. DONATION
1. Occupation 3. PRESCRIPTION
2. Law
3. Donation
4. Tradition
5. Intellectual Property
6. Prescription
