Property Law – is that branch of civil law
which classifies and defines the different kinds
of appropriable objects, provides for their
acquisition and loss and in general, trats of the
nature and consequences of real rights.
Classification of Things
Three kinds of things:
(a) Res nullius – belonging to no one
(b) Res communes – belonging to everyone
(c) Res alicujus – belonging to someone
 Res nullius belongs to no one because,
the thing is not yet been appropriated
 Res communes are owned by everybody,
their use of enjoyment are given to all
mankind (e.g. Air, light).
 Res alicujus these are objects, tangible
or intangible, which are owned privately.
o And since they can be owned
they should be considered
“property”.
414
Classification of Property
(a) Immovable or real property
(b) Movable or personal property
 The importance of knowing movable to
immovable is that different laws govern
the both of it.
 Human body cannot be an object of a
contract for he is considered outside the
commerce of man.
o It can only be, when requiring
demonstration of strength or
posing for painter
415
Immovable Property
(1) Land, building, roads of construction of
all kinds adhered to soil.
(2) Trees, plants and growing fruits
o While they are attached to the
land
o Or form an integral party of an
immovable
(3) Everything attached to an immovable in
a fixed manner
o In such a way it cannot be
separated without breaking it
(4) Statues, reliefs, paintings, or other
objects for us of ornamentation placed
in buildings or lands
o In manner that the intention of
the owner is to attach it
permanently
(5) Machinery, receptacles,instruments or
implements
o Which is attachedto a building
or land, which tend to directly
meet the needs of the said
industry or work
(6) Animal houses, pigeon houses, bee
hives, fish ponds or breeding places
o With the intention of the owner
to attach it to the land,
permanently
o The animals in these places are
included
(7) Fertilizer actually used in a piece of land
(8) Mines, quarries and slog dumps
o When they form part of the bed
and waters either running or
stagnant
(9) Docks ans structures which though
floating are intended by their nature to
remain at fixed place
(10) Contracts for public works ans
servitudes and other real rights over
immovable property
Academic Classification of Real Property
a. Real Property by nature (trees, plants)
b. By incorporation (building)
c. By destination or purpose (machinery)
d. By analogy (usufruct, contract for
public works)
416
Movable Property
Three test to determine whether property is
movable:
a. If the property is capable of being
carried place to place
b. Such change in location doesn’t
damaged the real property it was
attached
c. Not included in Art 415
o Letter C is superior over A and
B property
 DENR and Bureau of Lands (now, LMB)
has no authority to issue an order of
demolition (Baguio vs. Nino)
417
Other kinds of Personal Property
1.) (a) Obligations and actions for a specific
property maybe personal property
o e.g. (right to collect a sum of a
personal property)
o XPN. (when the object of
obligation or action is real
property) e.g. Right to recover a
piece of land (land is real)
(b) A promissory note is a personal
property
o A right to collect a promissory
note is also a personal property
2.) Shares of stocks, receipts or
certificate evidencing a share to
agricultural, commercial or industrial
entities is personal property, even the
entities where the stock belong are real
estate (Real Property)
o All shares in a juridical person
are personal property
o Money is a personal property
whether it is the legal tender or
merchandise
418
Consumable – this cannot be used
according to its nature without being
consumed.
Non-Consumable – any other kind of
property.
Classification:
1.) According to nature
2.) According to intention (fungible and
non-fungible)
o Identical Thing be returned,
even though it is consumable by
nature is non fungible (for
exhibition of a consumable
thing = non fungible)
o Equivalent be returned =
fungible (returned of same kind
and quality = fungible)
o Replaceable by an equal quality,
kind and quantity = fungible
o Irreplaceably by any kind
because the identical thing must
be returned = non fungible
419
Property Classified according to ownership
a.) Public dominion/ capacity
b.) Private dominion/ capacity
 The executive officials has the
function of disposing and
administering land of public
dominion in manners prescribed by
law
 The state own properties both in
public and private capacity
river
420
Property of Public Dominion
Public Dominion – ownership by the state in
that the state has control and administration.
 State or its subdivisions may not
make it as an object of commerce as
long as they remain properties for
public use
Three kinds of Property of Public Dominion:
1.) for public use – maybe use by anybody
(road)
2.) for public service – used by authorized
person (army vessel, national buildings)
3.) for the development of national
wealth – like our natural resources
 Natural Expropriation – when a part
of a privately owned property was
converted into a public domain.
o XPN: Land become part of
shores due to waves of the
sea
 Shores are property of public
domain, thus not registrable. Such in
a certificate of title does not convert
the same into properties of private
ownership.
 Canals constructed by the state for
public use are public ownership
(Santol vs Moreno)
 But canals constructed by a private
person within private land and for
private use are private ownership
 Article 420, must be constructed by
state in order for it to be public
domain
 Navigable river, stream is a public
dominion (Palanca vs
Commonwealth)
 If rivers are non navigable they are
not of public dominion
 Public streams, obstructed by a
person claiming ownership maybe
held liable for obstruction
 Ownership of a navigable stream is
not acquired by prescription
 Navigable rivers are outside the
commence of man, therefore cannot
be registered
Characteristic of Properties of Public
Dominion:
a.) They are outside the commerce of man
 Cannot be registered, leased,
donated or sold or be the object of
any contract
XPN: They are the objects of
repairs or improvements and other
incidental things.
b.) They cannot be acquired by prescription
 No matter how long the possession
of the properties has been
 Any property of state cannot be the
object of prescription.
XPN: Patrimonial in character
 Even city or municipality cannot
acquire them by prescription as
against the state
c.) Cannot be registered under the Land o Public Forest are in a liable public
Registration Law and be subject of Torrens Title land

 If erroneously included in Torrens title,

the property remains a public domain
421
d.) They, as well as their usufruct, cannot be
Patrimonial Property – The property that the
levied upon by execution, nor can be attached
states own but which are not devoted for public
e.) In general, they can be used by everybody use, public service or the development of
national wealth.
f.) They maybe either real or personal property
 Owned by the state in its private
 A town plaza cannot be used for the capacity
construction of residence or market stall
 Patrimonial property may be acquired
 In case of emergency, town plazas by private individual or corporation thru
maybe temporarily occupied by private prescription (Art 1113)
individuals, still when emergency ceases,
the temporary use must also cease
 A town plaza cannot be donated to the
422
Roman Catholic Church
 The intention of the law is to prevent Property of public dominion, when no longer
usurpation of any part of public intended for public use or for public service
dominion shall form part of the patrimonial property of the
 Forest land cannot be registered state
 Land produced by action of the seais of
 When it is no longer in use for public or
public ownership and cannot be owned
public service, the state does not lose
by private person
ownership but just turns into its
 Mayors do not have the authority to give
patrimonial properties
permits to occupy a public domain, such
permit is null and void
 Port in Article 420 (1) includes seaports 423
and airports (MIAA vs CA)
Properties of Political Subdivisions
a) Property for public use
Public Land - Land that has not been b) Patrimonial property
subjected to private right or devoted to public
use. They are the part of government lands Alienation of properties
which are thrown open to private appropriation a) Properties of a political subdivision for
and settlement by homestead public use cannot be alienated as such,
and may not be acquired by prescription.
o e.g. Agri lands, mines, forest
b) Properties of a political subdivision
o Agri land maybe sold to or acquired
which are patrimonial in character may
by private individuals or entities
be alienated and may be acquired by
o Ownership over mining and forest
others through prescription.
lands cannot be transferred, but leases
for them maybe had
 The National Government may donate its
patrimonial property to a municipality and
the latter may own the same.
 The property donated becomes either public
use or patrimonial depending on the use
given to the property.
 The term National Government of the
Philippines is not synonymous to the
Government of the Philippines. The former
is restrictive and does not include local
government or other governmental entities.
It only refers to the Central Government.
(Legislative, Executive, and Judiciary)
 When a municipality’s public dominion is
no longer in use, it becomes a patrimonial
property, which may be a subject of a
common contract
 The right of the public to use the city street
may not be bargained away through
contracts.
 EO may not infringe the public use of the
city street.
425
Private Property – are those that belong to
private persons, individually or collectively.
 Collectively – Co-owners; or by
corporation, partnership or other
juridical persons.
Possession by private person since time
immemorial carries the presumption that the
land had never been part of public domain.
Torrens title is generally a conclusive evidence
of the ownership of the land.
Payment of land tax is not an evidence of
ownership, especially when the land paid is
covered by a Torrens title.
Acquisition by Alien
An alien has had no right to acquire any
public or private, agricultural, commercial or
residential land, since the date of effectivity of
the 1987 Philippine Constitution.
XPN: Hereditary succession
 Same with foreign corporation (Art XII,
Sec 3)
 The constitutional prohibition against
acquisition of land by aliens is absolute.
OWNERSHIP IN GENERAL
Ownership
Independent and general power of a person over
a thing for purposes recognized by law and
within the limits established thereby. (Filomusi)
Independent and general right of a person to
control a thing particularly in his possession,
enjoyment, disposition, and recovery, subject to
no restrictions except those imposed by the state
or private persons, without prejudice to the
provisions of law. (Paras)
Kinds of Ownership
a) Full ownership (jus in re propia) – all
the rights of an owner.
b) Naked ownership (nuda proprietas) –
ownership where the right to the use and
the fruits has been denied.
c) Sole ownership – ownership is vested
only in one person.
d) Co -ownership – ownership is vested in
two or more persons.
 unity of the property and plurality of
the subjects (Manresa)
Real rights vs. Personal rights
Real Rights - Rights that confer upon its holder
an autonomous power to derive directly from a
thing certain economic advantages
independently of whoever the possessor of the
thing.
Personal Rights - Rights of a person to demand
from another as a definite passive subject, the
fulfillment of a prestation to give, to do or not to
do.
Rights of an owner under the Roman Law:
a) jus possidendi – right to possess.
b) jus utendi – right to use.
c) jus abutendi- right to consume.
d) jus fruendi – right to the fruits.
e) jus dispodendi – right to dispose.
f) jus vindicandi – right to recover.
Limitation on Ownership
1. General limitations for the benefit of the
state (eminent domain, police power,
taxation)
2. Specific limitations imposed by law
(servitude, easements)
3. Specific limitations imposed by party
transmitting ownership (will, contract)
4. Limitations imposed by owner himself
(voluntary servitude, mortgages, pledges)
5. Inherent limitations arising from
conflicts with other similar rights
(contiguity of property)
6. Owner cannot make use of a thing
which shall injure/prejudice rights of
3rd persons (neighbors)
7. Acts in state of necessity – law permits
injury or destruction of things owned by
another provided this is necessary to
avert a greater danger (with right to
indemnity – vs. principle of unjust
enrichment)
8. True owner must resort to judicial
process – when thing is in possession of
another; law creates a disputable
presumption of ownership to those in
actual possession
Possessory information – (informacio
possessoria) prima facie evidence that the
registered possessor is also the owner of the
land involved.
Squatter – is one who settles on the land of
another without any lawful authority.
 The term is particularly applied to a
person who settles on public land.
 Even if the land is private, the
unlawful settler may still be regarded
as a squatter.
 Squatter is always deemed to be in
bad faith.
RIGHT OF ACCESSION
Accession – owner of thing becomes owner of
everything it may produce or those which may
be incorporated or united thereto, either
naturally or artificially.
 Artificial includes improvement made
therein.
Accessories – things joined to or included with
the principal thing for the latter’s embellishment,
better use, or completion.
Modes of Acquiring Ownership:
(a) Occupation
(b) Intellectual creation
(c) Law
(d) Donation
(e) Succession
 (f) Tradition (as a consequence of a certain Accession Discreta - Right of ownership to the
contracts) fruits produced by the property.
(g) Prescription
GEN:
To the owner of the principal belongs the natural,
Accession is not a mode of acquiring ownership.
industrial and civil fruit.
Accession is a right implicitly included in
ownership. XPN:
(1) Possession in good faith of land
Right to accession is generally automatic,
(2) Usufructuary
requiring no prior act on the part of the owner of
(3) Lease (lessee gets the fruit of the land)
the principal.
(4) Antichresis
Classification of Accession:
(a) Fruits Kind of Fruits
1. Natural Fruits
a) Natural Fruits – Spontaneous products
2. Industrial Fruits
of soil and the young and other products
3. Civil Fruits
of animals.
(b) Attachment or Incorporation
 Accession Industrial (artificial)  Products of the soil in whose
1. Building
generation human labor does not
2. Planting
intervene.
3. Sowing
 Accession Natural (natural) b) Industrial Fruits – Produced by lands
1. Alluvium
of any kind through cultivation or labor.
2. Avulsion
3. Change of course of  Offspring of animals always belong
rivers to the owner of the female animal,
4. Formation of islands
for the burden is borne by the
female animal when pregnant
Principle:
c) Civil Fruits –Rents of buildings, the
 That the owner of a thing belongs to the
price of leases of lands and other
extension or increase of such thing.
property and the amount of perpetual or
 That this extension of the right of ownership life annuities or other similar income.
is realized, as a general rule under the
juridical principle that the accessory follows
 Easily prorated for under NCC 544
the principal.
they are deemed to accrue daily and
 That the incorporation of the accessory with
belong to the possessor in good faith
the principal, saving the exceptions provided
in that proportion.
by law, is effected only when two things are
so united that they cannot be separated
 Dividend is an income or fruits because it
without injuring or destroying the juridical
is declared out of the profit of the
nature of one of them.
corporation and not out of the capital.
Article 443
Obligation of the recipient of fruits to reimburse
the necessary expenses.
The expenses must have been used for
production, gathering or preservation, not for the
improvements of property
They must have been necessary and not
luxurious or excessive.
PRINCIPLES APPLICABLE
ACCESSION CONTINUA
Accession Continua – right of accession
over immovable property.
ACCESSION CONTINUA (Artificial or
Industrial)
 GEN: The owner of the land is also the
owner of whatever is built, planted or
sown thereon.
with the knowledge and without
opposition on his part.
(b) On the part of owner of materials -
Allows the use of his materials without
protest.
(c) On the part of the builder, sower and
planter - Knows that he does not have title
to the land, nor the right to build thereon or
no permission of the owner of the
TO
materials to pay their value.
Nota bene:
 Bad faith leads to liability for damages and
the loss of the works or the improvement
without reimbursement.
 Bad faith of both party off set the bad faith
of another; consequently both are deemed
to be in good faith.

XPN: Conjugal partnership

Land Owner’s Material Owner’s
Building – all kinds of construction with roof, Right Right
used for residence, office, or social meetings.
1. Material owner
 All works are presumed made at the Land right of
1. Material is
owner’s expense, unless the contrary is Owner in reimbursement
Owned
proved. Good Faith 2. Removal (when
 The owner of the principal thing owns the no injury)
natural, industrial and civil fruits, except
when the following persons exist:
1. Possessor in Good Faith 1. Material owner
2. Usufructuary Land indemnities plus
1. Material is
3. Lessee Owner in damages.
Owned
4. Antichretic creditor Bad Faith 2. Absolute removal
plus damages

MEANING OF BAD FAITH

(a) On the part of the landowner - Whenever

the building, planting or sowing was done
 Land Owner’s Builder, Sower,
Rights Planter’s Rights LO =
1. LO Bad
appropriate &  Offset,  Aforementioned
Faith
payment of became both Remedies
indemnity in good faith applicable
LO = BSP =
Good Bad
2. LO sell land
1. BSP right of Faith
Faith if Bldg >
retention of
Land
Note: if Land >
necessary and
BSP = 1. BSP
Bldg = Lease useful expenses Material
Good principally
Faith owner
liable
3. LO Entitled =
to rent if he
2. LO
Good
chose not to secondarily
Faith
appropriate liable

1. LO
appropriate Material 1. No
without Owner indemnificat
LO = indemnity = ion
Good Bad 2. Consequential
Faith damages
Faith 2. LO absolute 1. Reimbursement
right of of Necessary
BSP = removal expenses
Bad ACCESSION CONTINUA (Natural)
Faith 3. LO can pay
BSP (value
ALLUVIUM AVULSION
of land +
damages) Sudden or abrupt
The deposit of soil
process may be
1. BSP
here is gradual.
LO = seen.
indemnification
Bad
plus damages Soil cannot be Identifiable or
Faith
identified. verifiable.
2. BSP right to
BSP =
absolute Belongs to owner
Good Belongs to the owner
removal plus from whose
Faith of the property to
damages property it was
which it has attached.
detached.
Nota bene:
In the absence of evidence that the change is
sudden or it occurred through alluvium, the
presumption is that the change is gradual and
was caused by alluvium and erosion
Riparian Owner – owner of such estate;
A person who owns the land bounding upon
a river, lake or other water course.
Alluvium - Soil is gradually deposited on banks
adjoining the river. There can be no acquisition
of soil deposited on the shores of the sea.
 Alluvium strictly speaking, applies only
to the soil deposited on river banks.
o Thus, making a soil deposit
made on the banks of lakes is not
called alluvium.
Nota bene: (Accretion vs Alluvium)
Accretion is the process whereby the soil is
deposited, while Alluvium is the soil deposited
on the estate fronting river.
Requisites: (GCCCC)
1) Deposit of soil or sediment is gradual
and imperceptible;
2) Cause is the current of the river;
3) Current must be that of a river;
 If Lake, Spanish law of waters
will apply
 If Sea, the deposit belongs to the
State
4) The river must continue to exist
 If the river disappears Art 461 will apply
5) The increase must be comparatively
little.
Effect
The riparian owner automatically owns the
Alluvion BUT it does not automatically become
registered property in his name.
Nota bene: BAR Q
Failure to register the acquired alluvial deposit
by accretion for a period of 50 years, subject
said accretion to acquisition through prescription
by 3rd person.
A. Bank of a Lake
Accretion on the bank of a lake belong to
the owner of the estate to which they have
been added
B. Sea Bank
Accretion on a sea bank still belongs to the
public domain and not available for private
ownership until the state declared that it is
no longer needed for public use.
 Article 457 cannot be applied.
C. Estate adjoining ponds or lagoon (in case
of extra ordinary flood)
The owners of estates adjoin ponds or
lagoon does not lose the land that inundated
by them in extraordinary flood.
 Art 458 does not apply when the estate
adjoins, lake, river, creek or other
streams
Avulsion - A portion of land is segregated from
one estate by the forceful current of a river,
creek or torrent and transferred to another.
Requisites:
1) Segregation and transfer of land is
sudden and abrupt;
 2) Caused by the current of the water; and
3) The portion of land transported must be
known and identifiable; OR
4) Can also apply to sudden transfer by
other forces of nature such as land
transferred from a mountain slope
because of an earthquake.
Effect
The ownership of the detached property is
retained by the owner subject to removal within
2 years from the detachment.
Nota Bene:
 In avulsion to retain ownership. He must
remove the property.
 He must claim for its value within two
years, otherwise, he will be deemed to
have renounced his right thereto.
Uprooted Tree
If the trees are uprooted and were carried
away by the current of waters to other estate,
such trees are still owned by the person
owning it and not the land owner where it
was dragged.
 can be claimed within six months
 owner claiming it shall pay the expenses
incurred in gathering them or putting
them safe
When to compensate land owner:
1. When he incurred expenses for
preserving the trees.
2. When he suffered an injury and the
claimant of trees benefited from it.
Change of Course of Water
There is a natural change of course of
water to other property
 The owner of the property affected is
entitled to the old, abandoned river bed
which is used to be the course of water.
 Abandoned river bed is given to the
owners of the lands onto which the river
changed its course instead of the
riparian owner (Celestial vs. Cachopero)
 The adjoining owner of old river bed
may be entitled to reimbursement of the
said river bed to the new owner.
Formation of Islands
A. They belong to the State if:
1. Formed on the seas within the
jurisdiction of the Philippines.
2. Formed on lakes, or
3. Formed on navigable or floatable rivers:
a) Capable of affording a channel or
passage for ships and vessels;
b) Must be sufficient not only to
float bancas and light boats, but
also bigger watercraft;
c) Deep enough to allow
unobstructed movements of ships
and vessels.
TEST: can be used as a highway
of commerce, trade and travel.
B. They belong to the owners of the nearest
margins or banks if:
1. Formed through successive
accumulation of alluvial deposits
2. On non-navigable and non-floatable
rivers
3. If island is in the middle: divided
longitudinally in half.