Jag Iesu Iigo G.

Murillo
Law 2 S.Y. 2014-2015

Q&A (Adapted from Paras 17
th
Ed., 2013)
TITLE I Classification of Property
Chapter 1 Movable Property


1. What properties are deemed movable or personal?

(1) Those movables susceptible of appropriation which are not included in Article 415 of the Civil Code;
(2) Real property which by special provisions of law are considered personalty;
(3) Forces of Nature brought under control by science; and
(4) In general, all things that can be transported from place to place without impairment of the real property
to which they are fixed. (Article 416, NCC)

2. Are growing crops real or personal properties?

Growing crops, generally are real, but when levied for execution, they become personal property as they are
mobilized by anticipation.

3. Are electricity real or personal?

While electric current is not a fluid, still its manifestations and effects like those of gas may be seen and felt.
The true test of what may be stolen is not whether it is corporeal or incorporeal, but whether, being
possessed of value, a person other than the owner, may appropriate the same. Electricity, like gas, is a
valuable merchandise, and may thus be stolen.

4. What are the three tests to determine whether property is movable or immovable?

(a) If property is capable of being carried from place to place (test by description);
(b) If such change in location can be made without injuring the real property to which it may in the
meantime be attached (test by description); and
(c) If it is not one of those mentioned in Article 415 (test by exclusion).

Test by exclusion is superior than test by description.

5. Who can issue an Order of Demolition?

Sec. 10(d) of the Rules of Court mandates that the executing officer shall not destroy, demolish, or remove
improvements except upon special order of the court. Administrative agencies powers are constrained by
the statute creating them.

6. What other properties are considered as movable or personal?

(1) Obligations and actions which have for their object a movable or demandable sums of money; and
(2) Shares of stock of agricultural, commercial, or industrial entities, even though they may have real
properties.

7. Is the share of partnership considered real or personal?

The law does not distinguish. All shares in a juridical entity are considered personal.

8. Where are shares of stock enforced?

Shares of stock are a peculiar kind of personal property, unlike other classes of personal property in that the
property right of share of stock can only be exercised or enforced where the corporation is organized and
has its place of business, and can exist only as an incident to and connected with the corporation, and this
class of property is inseparable from the domicile of the corporation itself.

9. Is money merchandise?

Money is legal tender and is, therefore, NOT merchandise. When, however, it is attempted to be exported or
smuggled, it is deemed taken out of domestic circulation and may be, therefore, now considered as
merchandise or commodity subject to forfeiture.

Note: It is still property; although, not merchandise.




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Jag Iesu Iigo G. Murillo
Law 2 S.Y. 2014-2015

10. How does the civil code classify movables?

(a) Consumable those which cannot be used appropriate to their nature without their being consumed
(b) Non-consumable all other movables which are not consumable.

11. What are the classifications of movable?

According to their nature:
(a) Consumable
(b) Non-consumable

According to the intention of owner:
(a) Fungible those which can be replaced by another of the same quantity and quality
(b) Non-fungible not susceptible of such replacement

Note: the civil code uses both consumable and fungible interchangeably.


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