Title I - Classification of Property Flashcards
Preliminary Provisions (107 cards)
1
Q
What are the two classifications of property under Article 414 of the Civil Code?
A
(1) Immovable or real property; and (2) Movable or personal property.
2
Q
What is the origin of the word “property”?
A
From the Latin word “proprius,” meaning belonging to one or one’s own. (Rabuya)
3
Q
According to Paras, what is property?
A
An object which is or may be appropriated.
4
Q
What does the study of property in civil law include?
A
Classification and definition of appropriable objects, their acquisition and loss, and the nature and consequences of real rights.
5
Q
How is the concept of property related to “things”?
A
The terms are often used interchangeably and include both corporeal and incorporeal objects.
6
Q
Does the Civil Code define the term “property”?
A
No, it implies that property refers to things susceptible to appropriation.
7
Q
Are things that cannot be controlled due to physical impossibility considered property?
A
No, they are not considered property.
8
Q
According to the Revised Penal Code (RPC), is the human body considered property?
A
No, whether alive or dead, it is not considered real or personal property.
9
Q
What does Article 416(4) of the Civil Code say about personal property?
A
All things transportable from place to place are deemed personal property.
10
Q
Based on the Civil Code and jurisprudence (Laud v. People), can human remains be considered personal property?
A
Yes, because they can generally be transported from place to place.
11
Q
What does the Organ Donation Act of 1991 provide?
A
That all or part of a human body may only be appropriated after death, defined as the irreversible cessation of circulatory and respiratory functions.
12
Q
In terms of scope, how does property differ from things?
A
Property is more limited in scope and includes only appropriable things.
13
Q
What does the term things include that property does not?
A
Things has a broader scope, including both appropriable and non-appropriable objects.
14
Q
What are the two main classifications of property under the Civil Code?
A
(1) Immovable (Art. 415); (2) Movable (Arts. 416–417)
15
Q
What are the sub-classifications of movable property under Article 418?
A
(a) Consumable; (b) Non-consumable
16
Q
What is consumable property?
A
Property that is consumed when used (e.g., food, fuel).
17
Q
What is non-consumable property?
A
Property that can be used repeatedly without being consumed (e.g., furniture, tools).
18
Q
From the viewpoint of ownership, what are the two classifications of property?
A
(1) Property of public dominion; (2) Property of private ownership
19
Q
What is res nullius?
A
Things belonging to no one.
20
Q
What is res communes?
A
Things belonging to everyone (e.g., air, seas).
21
Q
What is res alicujus?
A
Things belonging to someone.
22
Q
What are the two classifications of things based on mobility?
A
(1) Movable (Arts. 416–417); (2) Immovable (Art. 415)
23
Q
What are the classifications of things based on ownership?
A
(1) Public; (2) Private
24
Q
What are the classifications of things based on existence?
A
(1) Present; (2) Future
25
What are the two types of things based on alienability?
(1) Within the commerce of man; (2) Outside the commerce of men
26
What are the classifications of things based on materiality?
(1) Tangible/corporeal; (2) Intangible/incorporeal
27
What are the two types of things based on dependence?
(1) Principal; (2) Accessory
28
What is fungible property?
Property capable of substitution with the same kind and quantity.
29
What is non-fungible property?
Property that cannot be substituted; the exact item must be returned.
30
What is generic property?
Refers to a group or class of objects.
31
What is specific property?
Refers to a unique, individual object.
32
What does in custodia legis mean?
Property under the custody of the court.
33
What does free mean in the context of custody of the court?
Property not under judicial custody.
34
What is the required period for acquisitive prescription of immovables in good faith?
10 years
35
What is the required period for acquisitive prescription of immovables in bad faith?
30 years
36
What is the required period for acquisitive prescription of movables in good faith?
4 years
37
What is the required period for acquisitive prescription of movables in bad faith?
8 years
38
What are the four classifications of immovable property under the Civil Code?
(1) By nature, (2) By incorporation, (3) By destination, (4) By analogy or by law.
39
What is immovable property by nature?
Property that cannot be carried from place to place, such as land and trees (Par. 1, 2, 8).
40
What is immovable property by incorporation?
Property attached to an immovable in a fixed manner, making it an integral part of it (e.g., buildings, roads) — Par. 1, 2, 3.
41
What is immovable property by destination?
Movable things placed in or attached to an immovable for its use or exploitation (e.g., machinery in a factory) — Par. 4, 5, 6, 7, 9.
42
What is immovable property by analogy or by law?
Things classified as immovable by express provision of law (Par. 10).
43
Why are lands considered immovable property?
Because they are naturally fixed and cannot be moved from one place to another.
44
What is the general rule regarding buildings as immovable property?
Buildings are considered immovable when they are permanent structures substantially adhered to the soil.
45
Is a building always considered immovable even if treated separately from the land?
Yes. A building remains immovable even if dealt with separately from the land (Leung Yee v. Strong Machinery Co).
46
Does it matter if the building is built on land owned by another person?
No. A true building is immovable property even if erected on land owned by someone else (Evangelista v. Alto Surety).
47
What kind of building is not considered immovable?
A building that is merely superimposed on the land and not substantially adhered to the soil.
48
What is the legal issue with tying the status of a building to land ownership?
It creates uncertainty, as the building's nature would change depending on land ownership transfers.
49
Can a building be treated as personal property?
Yes, under specific circumstances such as estoppel, particularly when parties voluntarily treat it as personal property.
50
What is the Doctrine of Estoppel in relation to buildings?
If a party treats a building as personal property (e.g., through a chattel mortgage), they are estopped from later claiming it is immovable (Tumulad v. Vicencio).
51
What does the Standard Oil Co. v. Jaramillo case say about the Register of Deeds?
Their duty to register chattel mortgages is ministerial—they cannot question the nature of the property described.
52
What is the effect of registering a building in the chattel mortgage registry?
It does not bind third persons but is effective between the contracting parties under estoppel (Associated Ins. & Surety Co. v. Iya).
53
Why can't the registration of a real property in the chattel mortgage registry bind third persons?
Because the Chattel Mortgage Law only covers personal property, and such registration has no legal effect on real property as to third parties (Art. 1473, Civil Code).
54
What is the exception to the application of estoppel in treating buildings as personal property?
Foreclosure and execution proceedings — third persons are not bound by estoppel.
55
What is the rule for constructions to be considered immovable by incorporation?
The construction must be permanently attached to the land.
56
How is a pipeline system classified under the rule of incorporation?
It is immovable, as it is welded and cannot be removed without dismantling (Meralco Securities v. CBAA).
57
What is the general rule (GR) on the classification of trees, plants, and growing fruits?
They are considered immovable property as long as they are attached to the land.
58
What are the two classifications of trees and plants as immovable property?
By nature – spontaneous products of the soil
By incorporation – planted through human labor
59
What is the exception (XPN) to the immovability of trees and plants?
If they are cut or uprooted for purposes like timber or firewood, they become movable property.
60
What is the exception to the exception (XPN of XPN) regarding timber?
Timber is still considered immovable if it is the natural product of timber land.
61
When are growing fruits considered real property?
When they are still attached to the soil.
62
When can growing fruits be treated as personal property under Article 416(2)?
When sold as part of the sale of crops
For attachment, execution, or application of the Chattel Mortgage Law (Sibal v. Valdez)
63
What happens once fruits are detached from the soil?
They are no longer considered real property and become movable.
64
What is the rule for classifying an object as an immovable due to attachment?
It must be attached to an immovable in a fixed manner, such that it cannot be separated without breaking the material or causing deterioration.
65
Are Meralco’s steel towers considered immovable?
No. The Supreme Court ruled they are not attached in a fixed manner and can be removed without damage (BAA v. Meralco).
66
Does the Civil Code require that the attachment be made by the owner of the land?
No. The Civil Code does not require that the attachment be made by the landowner.
67
What did the Court rule in Tsai v. CA regarding property attached to land?
Even if the properties seem immovable, if the parties intended to treat them as chattels (e.g., through a Real and Chattel Mortgage), such intent governs due to estoppel.
68
What is the exception to the rule of fixed attachment?
The intent of the parties may prevail—if they treat machinery as chattels, their agreement binds them under the principle of estoppel.
69
When are statues, reliefs, or paintings considered immovable property?
When placed in buildings or on land by the owner, with intent to attach them permanently to the property.
70
Requisites for statues/ornaments to be considered immovable:
Placed by the owner or agent
Intended to be permanently attached
70
When is machinery considered immovable under Art. 415 par. 5?
When intended by the owner for an industry or works carried out on a building or land, and it tends directly to meet the needs of that industry.
70
What is the effect if machinery is placed by a tenant or lessee?
Generally not considered immovable, unless:
The tenant acted as agent of the owner
Or, under a contract, the machinery becomes property of the owner at lease termination (Davao Sawmill v. Castillo)
71
What did the Court rule in Valdez v. Central Altagracia?
Even under Puerto Rican law, machinery placed by a tenant becomes immovable if the contract provides it will belong to the landowner.
72
What must be shown for machinery to be immovable under industrial use?
It must be essential and principal to the industry
Without it, the industry cannot function (Mindanao Bus v. City Assessor)
73
What is the limitation in the application of the doctrine of estoppel?
The doctrine of estoppel applies only to actions between the parties involved and cannot prejudice actions involving third persons.
74
When are animal houses, pigeon-houses, beehives, fish ponds, or similar breeding places considered immovable?
When the owner places or preserves them with the intention of permanently attaching them to the land, making them a permanent part of it.
75
What is the rule for animals temporarily outside their enclosures regarding classification as property?
They are still considered real property as long as there is an intent to return them.
76
What is the general rule (GR) on fish in a fish pond?
Fish in a fish pond are considered real property.
77
What is the exception (XPN) to the rule that fish in fish ponds are real property?
For purposes of theft, fish in fish ponds are considered personal property under Article 416(2) of the Revised Penal Code.
78
When are fertilizers considered immovables by destination?
When they are actually used on the land, showing the owner's clear intention to use them on the tenement.
78
What is the rule regarding fertilizers as immovable property?
They must be actually used on the land to be considered immovables.
79
Are fertilizers still wrapped and stored in a barn considered real or personal property?
They are considered personal property because they have not yet been actually used.
79
When are mines, quarries, and slag dumps considered real property?
While the matter remains part of the bed, they are considered immovables.
80
What is the rule for classifying matter from mines, quarries, and slag dumps as immovable?
The matter must still form part of the bed.
81
When are minerals considered personal property?
Once extracted, minerals are no longer part of the soil/bed and are considered personal property.
82
What is a slag dump?
It is the dirt and soil taken from a mine and piled on the surface of the ground.
83
What type of water is considered real property?
Waters found in their natural beds (e.g., streams, rivers, canals) are considered real property.
83
What are the exceptions to the rule that waters and minerals are real property?
Extracted minerals are considered chattels (personal property)
Water, as a commodity (not in its natural bed), is considered personal property
84
When are floating docks and structures considered immovable property?
When they are intended by their nature and object to remain at a fixed place on a river, lake, or coast.
85
What rule determines whether floating structures are immovable?
They must be intended by their nature and object to remain at a fixed place on a river, lake, or coast.
86
Are floating houses considered real or personal property?
They are considered real property because they are fixed in place and rest on immovable waters.
87
Under Article 415(9) of the New Civil Code, what kind of floating structures are immovable?
Those intended by their nature and object to remain at a fixed place on a river, lake, or coast.
88
Why are power barges considered immovable by destination?
Because they are machinery or implements intended by the owner for an industry or work, directly serving that purpose and intended to remain fixed.
89
What is the exception to the rule that some floating structures are real property?
Vessels — they are considered personal property and are governed by the Chattel Mortgage Law.
90
What is a key difference in registering chattel mortgages on vessels compared to other personal property?
For vessels, the mortgage must be entered in the record of the Collector of Customs at the port of entry, not just in the registry of deeds.
91
Are contracts for public works considered real or personal property?
They are considered real property, even though the piece of paper they are written on is personal property.
92
What kinds of rights can be considered property?
Rights that are patrimonial in nature—i.e., with economic value—can be considered property.
93
What determines whether a right is classified as personal or real property?
The nature of the right (personal or real)
The subject matter of the right (whether personal or real property)
94
What are the two types of patrimonial rights?
Real rights – classification depends on the subject matter
Personal rights – generally considered personal property regardless of subject matter
95
When is a structure considered an "improvement" and thus real property?
If it is permanent in character and enhances the value or utility of the land to which it is annexed.
96
Does an improvement have to be used perpetually to be considered "permanent"?
No, it must remain as long as the land is used for the intended purpose.
97
Can submarine communication cables be taxed as real property?
Yes. They are similar in function and location to electric lines and thus do not merit different tax treatment. (Capitol Wireless v. Batangas)
98
To what does the constitutional prohibition on alien ownership apply?
It applies only to the ownership of land, not to all immovable property under Article 415 of the Civil Code.
99
Does the constitutional prohibition on alien ownership extend to trees, plants, and growing fruits attached to land?
No, extending the prohibition would lead to an unreasonable situation where only Filipinos could own such items. (JG Summit v. CA)
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