PROPERTY – an object which may be appropriated
AS A LAW COURSE – branch of civil law which classifies and defines the different kinds of
appropriable objects, provides for their acquisition and loss, and in general, treats of their nature
and consequences of real rights.
ETYMOLOGY – Latin word proprius – belonging to one or one’s own
THING vs PROPERTY
- Thing is synonymous w property.
- Thing is broader in scope for it includes both appropriable and non-appropriable objects.
- Property involves not only material objects but also intangible things, like rights or credits.
- Concept of property is said to be limited compared to the concept of things, which extends to all
objects that exist, whether it is already in the possession of man or not.
CLASSIFICATION / KIND OF THINGS
1. Res nullius – belonging to no one
o They have not yet been appropriated or abandoned by the owner with the intention of no
longer owning them.
2. Res communes – belonging to everyone
o Use and enjoyment are given to all of mankind.
3. Res alicujus – belonging to someone
o Property
CLASSIFICATION OF PROPERTY (MOAEMDCNW)
Mobility and non-mobility
1. 1) movable or personal property (like a car)
2. 2) immovable or real property (like land)
Ownership
3. 1) public dominion or ownership (like rivers)
4. 2) private dominion or ownership (like a fountain pen)
Alienability
5. 1) within the commerce of man (or which may be the objects of contracts or judicial
transactions)
6. 2) outside the commerce of man (like prohibited drugs)
2. (d) Existence
1. 1) present property (res existentes)
2. 2) future property (res futurae)
3. (e) Materiality or Immateriality
1. 1) tangible or corporeal (objects which can be seen or touched, like the paper on which
is printed a P1,000 Bangko Sentral Note)
2. 2) intangible or incorporeal (rights or credits, like the credit represented by a P1,000
Bangko Sentral Note)
Dependence or Importance
1) Principal
2) Accessory
Capability of Substitution
1. 1) fungible (capable of substitution by other things of the same quantity and quality)
2. 2) non-fungible (incapable of such substitution, hence, the identical thing must be given or
returned)
Nature or Definiteness
1) generic (one referring to a group or class)
2) specific (one referring to a single, unique object)
Whether in the Custody of the Court or Free
1) incustodialegis(inthecustodyofthecourt)—when it has been seized by an officer under a writ of at-
tachment or under a writ of execution.
2) “free’’ property (not in “custodia legis’’).
CHARACTERISTICS OF PROPERTY
a. Utlity for the satisfaction of moral or economic wants
b. Susceptibility of appropriation
o Things which cannot, therefore, be subjected to human control by reason of sheer
physical impossibility are not considered as property.
c. Individuality or Susceptibilitiy
o Thus, to be considered a separate property, a thing must have an autonomous and
separate existence and not simply a part of a whole. But if a part is separated from the
whole and, while in that state, is capable of satisfying any human need or want, it can
then be considered as a separate property.
o
ARTICLE 414. All things which are or may be the object of appropriation are considered either:
1. (1) Immovable or real property; or
2. (2) Movable or personal property.
Importance of Classification
- The classification of property in Article 414 into immovable (real) and movable (personal) is based
on the nature of the thing itself and is the most important in point of law because of the various
legal consequences flowing therefrom, as follows:
For purposes of applying the rules of acquisitive prescription: The ownership of movables
prescribes through uninterrupted possession for four years in good faith or through uninterrupted
possession for eight years, without need of any other condition. 9 Ownership and other real rights over
immovable property, on the other hand, are acquired by ordinary prescription through possession of ten
years10 or thirty years, without need of title or of good faith. 11
In determining the propriety of the object of the contracts of pledge, chattel mortgage and real
estate mortgage: Only movables can be the object of the contracts of pledge and chattel mortgage. 12
On the other hand, only immovables can be the object of a real estate mortgage contract. 13 As a
consequence, should the parties execute a chattel mortgage over a real property, the same is null and
void and registration of the instrument in the Registry of Property does not validate it insofar as third
parties are concerned.14
For purposes of determining the formalities of a donation: If the value of the personal property
donated exceeds P5,000.00, the donation and the acceptance are required to be in writing; otherwise, the
donation is void.15 In order that the donation of an immovable property may be valid, it must be made in a
public document, as well as the acceptance thereof. 16
In extrajudicial deposit: Only movable things may be the object of extrajudicial deposit. 17
In crimes of theft, robbery and usurpation: Only personal property can be the object of the crimes of
theft and robbery. However, the crime of usurpation defined in Article 312 of the Revised Penal Code can
be committed only with respect to a real property.
For purposes of determining the venue in remedial law: In the law of procedure, it is important to
know the classification of property for purposes of venue. If the action affects title to or possession of real
property, or interest therein, the action (referred to as “real action”) must be filed in the proper court
wherein the real property involved, or a portion thereof, is situated. All other actions (referred to as
“personal action”) may be commenced and tried where the plaintiff or the defendant resides, at the
election of the plaintiff.