PROTECTION

The Constitution protects property and provides that no person may be deprived thereof
without due process of law. This means that a person cannot be dispossessed or deprived of his
property arbitrary, even by the government. Deprivation may only take place for legal cause,
upon order by the proper authorities (usually courts or quasi-judicial agencies), and after
following the proper procedure as prescribed by law or rules. At a minimum, the procedure
involves an impartial tribunal and a right to be heard before judgment is rendered.
Protection also entails the enforcement by law of property rights. This means that if a persons
property rights are violated, he may seek redress from the law and avail himself of the fates
coercive powers to repair the injury done to him.

REAL AND PERSONAL RIGHTS
A real right is the power belonging to a person over a specific thing or right, without a passive
subject individually determined, against whom such right may be personally exercised. A
personal right is the power of one person to demand of another, as a definite passive subject,
the fulfillment of a prestation to give, to do, or not to do.
In real rights, the holder is able to act directly upon the thing by himself. Thus, e.g., in the right of
ownership, the owner can occupy, utilize, transform, dispose or fence off the property he owns.
Moreover, a real right is absolute in the sense that it is enforceable against any possessor of the
subject property.
In personal rights, the holder must enforce his rights through the action of another person.
Thus, e.g., a buyer cannot just seize the thing he bought, he must require the seller to deliver it to
him. Moreover the person right is relative in the sense that is enforceable against a specific
person only.

CLASSIFICATION OF PROPERTY
I. CLASSIFICATION OF PROPERTY BASED ON MOBILITY
The classification is important in determining:
a. The formalities governing a transaction over the property;
b. If the property is subject to real property taxes;
c. If the property may validly be the subject of chattel mortgage or real estate mortgage;
d. Which procedure is applicable for attachment or execution;
e. If the taking of the property can be considered theft;
f. Which period applies for acquisitive prescription of the property.

IMMOVABLE PROPERTY. ART. 415
These may be grouped according to the following categories:
Immovable by Nature
Immovable by Incorporation
Immovable by Destination
Immovable by Analogy






IMMOVABLES BY NATURE
Definition: Those which cannot be moved or transported from place to place, such as:

a. Land, buildings, roads and constructions of all kinds adhered to the soil (Art. 415,
par.1)
Buildings are always immovable. The mere fact that parties deal with the building
separately or apart from the land on which it stands does not change its character as
real property. Thus, a chattel mortgage over the building would not bind third parties.
The mere fact that the building and the land on which it stands do not belong to the
same owner does not make the building movable.
But such chattel mortgage is binding on the parties, as parties may validly agree to
treat a real property as personal property. They are estopped from repudiating their
treatment of the property as movable.

b. Mines, quarries and slag dumps, while the matter thereof forms part of the bed, and
waters either running or stagnant (Art. $!%, par. 8);

IMMOVABLES BY INORPORATION
Definition: those which are essentially movables, but are attached to an immovable in
such a manner as to be an integral part thereof, such as:

a. Trees, plants and growing fruits, while they are attached to the land or form an integral
part of an immovable (Art. 415, par. 2);
-When they are cut or uprooted, they become movables.
b. Everything attached to an immovable in a fixed manner, in such a way that it cannot be
separated without breaking the material or deterioration of the object (Art. 415. Par.
3);
When they are detached from the immovable, they become movable again.
WATER PUMP. INSTALED IN RESIDENCE BUT REMOVABLE WITHOUT
DETERIORATION, NOT IMMOVABLE PROPERT The Civil Code considers as
immovable property, among others, anything attached to an immovable in a fixed
manner, in such a way that it cannot be separated therefrom without breaking the
material or deterioration of the object. The pump does not fit this description. It
could be, and was in fact separated from Yaps premises without being broken or
suffering deterioration. Obviously the separation or removal of the pump involved
nothing more complicated than the loosening of bolts or dismantling of other
fasteners. ( Yap v. Tanada, et al., G.R. No. L-32917. July 18, 1988)
Fertilizer actually used on a piece of land (Art. 415, par. 7)

IMMOVABLES BY DESTINATION
Definition: those which are essentially movables but, by the purpose for which they have
been placed in an immovable, partake of the nature of the latter because of the added
utility derived therefrom.

a. Statues, paintings or other objects for use or ornamentation, placed in buildings or on
lands by the owner of the immovable in such manner that it reveals the intention to
attach them permanently to the tenements (Art. 415, par.4)
b. Machinery, receptacles, instruments or implements intended by the owner of the
tenement for an industry or works which may be carried on in a building or on a piece
of land, and which tend directly to meet the needs of the said industry or works (Art.
415, par. 5)
Under Art. 415, pars 4 and 5, to become immovable, the items must be placed by the
owner of the immovable (or his agent)
Items placed by mere lessee or usufructuary or other person having temporary
right, remain movable, unless there is a stipulation that the items will remain with
the immovable at the end of the lease or usufruct ( in which case the lessee or
usufruct may be considered as agent of the owner in placing the items- Thus, these
may now be considered as Immovables by Destination).
The machinery or implements covered buy Art. 415, par. 4 are those which are the
principal and essential elements of the business. i.e., those without which the
business would be unable to function or carryout its purpose. Examples: the brewing
machinery of a beverage company or the milling machinery of a sugar central.
The provision does not cover those items, which are merely incidental to the
business. Examples: repair tools of a transportation company; cash registers or
typewriters of a hotel or restaurant business; forklifts, jeep wagons, or pressure
pumps of airline companies; delivery trucks of manufacturing busineses
c. Docks and structures which, though floating, are intended by their nature and object
to remain at a fixed place on a river, lake or coast (Art. 415, par.9)
Power barges are immovable properties by destination.

IMMOVABLE PROPERTIES BY ANALOGY
Definition: these refer to intangible rights related to immovable.
Contracts for public works, and servitudes and other real rights over immovable
property. (Art. 415, par. 10)
Examples of real rights over immovable: real estate mortgages; usufruct;
antichresis


MOVABLE PROPERTY: in general, movable property are those which are not included
in the enumeration in Art. 415. They may also be categorized as follows:
Movables by Nature;
Movables by analogy;
Subclassification of movables based on consumability
Subclassification of movables based on fungibility
Muebles or furniture.

MOVABLE BY NATURE
a. Those movables susceptible of appropriation, which are not included in Art. 415 (Art.
416, par.1)
The simplest test is whether an object is included in Art. 415. If it is not, it is movable.
b. Real property which by any special provision of law is considered as personality (Art.
416, par 2)
Example: the Chattel Mortgage Law treats growing crops as personal property which
may be the subject of Chattel mortgage
c. Forces of nature which are brought under control by science (Art. 416, par3)
; In general, all things which can be transported from place to place without impairement
of the real property to which they are fixed. (Art. 416, par. 4)
Examples: electricity, heat, light, oxygen, radiation

SUBCLASSIFICATION OF MOVABLES BASED ON CONSUMABILITY
Consumable those movables which cannot be used in a manner appropriate to their
nature without their being consumed. (Art. 418)
Examples: food; electricity; cellphone load
Non-consumable all other movables (Art. 418)
Examples: jewelry; cars; clothes
Fungible things which have no distinct individuality, and may therefore be substituted
with another item of equal quantity and quality, either by nature or by the will of the
parties.
Non-fungible things which have distinct individuality and, therefore, cannot be
substituted with another item of equal quantity and quality.
Example: the barong wore by President Magsaysay at his inaugural

MUEBLES OR FURNITURE
Whenever by provision of the law, or an individual declaration, the word muebles or
furniture is used alone, it shall not be deemed to include money, credits, commercial
securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms,
clothing, horses or carriages and their accessories, grains, liquids and merchandise, or
other things which do not have as their principal object the turnishing or ornamenting of
a building. (Art 426)
Except where from the context of the law, or the individual declaration, the contrary
clearly appears. (Art. 426)


II. CLASSIFICATION OF PROPERTY IN RELATION TO WHOM IT BELONGS
PROPERTY IS EITHER OF:
public domain
OR
Private ownership
(419)

A. PUBLIC DOMINION
Nature. Property of public dominion are owned by the general public. The ownership
of such property is in the social group, whether national, provincial or municipal, and
are intended for the common and public welfare. They cannot be appropriated or
possessed by any individual person, whether private or public (e.g., municipalities,
cities or provinces or by public corporations, or even by the State.)


They are outside the commerce of man, which means that they:
Cannot be alienated or leased or otherwise be the subject matter of contracts;
Cannot be acquired by prescription against the State;
Are not subject to attachment and execution; and
Cannot be burdened by any voluntary easement

WHAT ARE PROPERTIES OF PUBLIC DOMINION?
What are property of public dominion:
Those intended for public use (Art. 420, par1)
Public use is use that is not confined to privileged individuals, but is pen to the indefinite
public. Note that Art. 420 speaks of intended, not actual use.
It is not material that the Government charges or collects fees and tolls for the use of the
property.
Examples: roads, canals, rivers, torrents, ports (including seaports and airports) ans
bridges constructed by the State, bans, shores, roadsteads and other of similar character;
(Art. 420, par. 1)
Similar character creeks
However, roads in private subdivision remain private even when the owner tolerates
their use by the public.

PROPERTIES OF PUBLIC DOMINION OF LGUs
Property of public dominion also covers property for public use in the provinces, cities,
and municipalities consisting of the provincial roads, city streets municipal streets, the
squares, fountains, public waters, promenades, and public works for public service paid
for by said provinces, cities, or municipalities. (Art. 424)
These properties, although pertaining to local governments, are under the control of
congress.
They are governed by the same principles as of public dominion of the State.

B. PRIVATE OWNERSHIP: Property of private ownership consists of
All property belonging to private persons, either individually or collectively (Art. 425)
Patrimonial property
4263