Title I. - CLASSIFICATION OF PROPERTY
Fungible
Art. 414. All things which are or may be the object of
appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property.
Property - All things which are or may be the object of
appropriation considered as either real or personal property
Not all things are properties, but all properties are things.
THINGS classified into the following groups:
1. Res nullius – No owner, either because they have
been abandoned by their owners or that they were
never appropriated in the first place. THEY CAN
BE APPROPRIATED AND ARE CONSIDERED
AS PROPERTY.
2. Res communes – Belonging to everyone (sun,
star, moon). THEY CANNOT BE
APPROPRIATED
3. Res alicujus – Tangible objects or intangible ones
(rights) which belong to someone. THEY
CANNOT BE APPROPRIATED
Requisites for a thing to be considered as property
(USA)
1. Utility – Capacity to satisfy human wants
2. Substantivity/ Individuality – It has a separate and
autonomous existence. It can exist by itself and not merely
as a part of a whole (Paras, 2008).
3. Appropriability - Susceptibility to ownership/possession,
even if not yet actually appropriated
Properties NOT susceptible of appropriation
1. Common things (res communes) –
GR: Those properties belonging to everyone. While in
particular no one owns common property, still in another
sense, res communes are really owned by everybody in that
their use and enjoyment are given to all of mankind. e.g. air,
wind, sunlight (Paras, 2008).
XPN: Those that may be appropriated under certain
conditions in a limited way. e.g. Electricity
2. Not susceptible due to physical impossibility e.g. Sun
3. Not susceptible due to legal impossibility e.g. Human
body
CLASSIFICATIONS OF PROPERTY
1. As to mobility
a. Immovable or real property
b. Movable or personal property
2. As to ownership
a. Public dominion
b. Private ownership
3. As to alienability
a. Alienable
b. Inalienable
4. As to individuality
a. Specific property
b. Generic property
5. As to susceptibility to touch
a. Tangible
b. Intangible
6. As to susceptibility to substitution
a.
b. Non fungible
7. As to accession
a. Principal
b. Accessory
8. As to existence
a. Existing or present property (res existentes)
b. Future property (res futurae)
9. As to consumability
a. Consumable
b. Non-consumable
10. As to divisibility
a. Divisible
b. Indivisible
RABUYA CLASSIFIES PROPERTY AS FOLLOWS:
1. Immovable or movable
2. Movables, in turn, are classified into consumable
or non-consumable
3. From the viewpoint of ownership, property is
classified either as property of public dominion or
private ownership
Importance of Classification
1. For purposes of applying the rules of acquisitive
prescription
2. In determining the propriety of the object of the
contracts of pledge, chattel mortgage and real
estate mortgage
3. For purposes of determining the formalities of a
donation
4. In extrajudicial deposit
5. In crimes of theft, robbery and usurpation
6. For purposes of determining the venue in
remedial law
CHAPTER I
IMMOVABLE PROPERTY
Art. 415. The following are immovable property:
(1) Land, buildings, roads and constructions of
all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they
are attached to the land or form an integral part
of an immovable;
(3) Everything 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;
(4) Statues, reliefs, paintings or other objects
for use or ornamentation, placed in buildings
or on lands by the owner of the immovable in
such a manner that it reveals the intention to
attach them permanently to the tenements;
(5) 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;
(6) Animal houses, pigeon-houses, beehives,
fish ponds or breeding places of similar
nature, in case their owner has placed them or
preserves them with the intention to have them
permanently attached to the land, and forming
 a permanent part of it; the animals in these Par. 3 distinguished from Par. 4
places are included; PAR. 3 PAR. 4
Cannot be separated Can be separated
(7) Fertilizer actually used on a piece of land; from the immovable from the immovable
without breaking or without breaking or
(8) Mines, quarries, and slag dumps, while the deterioration. deterioration.
matter thereof forms part of the bed, and Need not be placed Must be placed by the
waters either running or stagnant; by the owner. owner of the
immovable, or by his
(9) Docks and structures which, though agent whether
floating, are intended by their nature and express or implied.
object to remain at a fixed place on a river, Real property by Real property by
lake, or coast; incorporation. incorporation and
destination.
(10) Contracts for public works, and servitudes
and other real rights over immovable property.
(334a) Real Property under Article 415(5) - REQUISITES
CATEGORIES OF IMMOVABLE PROPERTY: (1) They must be machinery, receptacles, instruments or
implements;
Real Property by: (NIDA) (2) They must be placed by the owner of the tenement or
1. Nature – Those which cannot be carried from place to by his agent;
place. (1, 2) (3) There must be an industry or work carried in such
2. Incorporation – Those which are attached to an building or on the piece of land; and
immovable in a fixed manner and considered as an integral (4) They must tend directly to meet the needs of said
part thereof, irrespective of its ownership. (1,2,3,4,6) industry or work.
3. Destination – Things placed in buildings or on lands by
the owner of the immovable or his agent in such a manner
that it reveals the intention to attach them permanently
CHAPTER 2
thereto. (4,5,6,7,9)
MOVABLE PROPERTY
4. Analogy – Classified by express provision of law. (10)
Art. 416. The following things are deemed to be
JUST READ ON FURTHER DISCUSSIONS OF EACH
personal property:
ENUMERATION UNDER ART. 415
(1) Those movables susceptible of
appropriation which are not included in the
REQUISITES FOR A BUILDING TO BE CONSIDERED
preceding article;
AS IMMOVABLE
1. Substantial adherence to the soil
2. Made more or less of strong material (2) Real property which by any special
provision of law is considered as personal
(thus making shanties or barong-barong not immovable) property;

Trees may be either be: (3) Forces of nature which are brought under
1. A real property control by science; and
a. by nature - If they are spontaneous products of
the soil.
(4) In general, all things which can be
b. by incorporation - If they have been planted
transported from place to place without
through cultivation or
impairment of the real property to which they
labor.
are fixed. (335a)
2. A personal property

The moment trees are detached or uprooted from the land
it is considered as personal property.
NOTE: In case of uprooted timber, they are still not
considered as personal property because timber is an
integral part of the timber land.
Growing fruits
GR: Growing fruits are considered as real property so long
as they are still attached to the soil.
XPN: Growing fruits may be exceptionally treated as
personal property pursuant to the provisions of Art. 416(2)
of the New Civil Code (Rabuya, 2008).
E.g.
1. For the purposes of sale of the whole or part of the crops
2. For purposes of attachment and execution; and
3. For applying the provisions of the Chattel Mortgage Law.
Art. 417. The following are also considered as personal
property:
(1) Obligations and actions which have for
their object movables or demandable sums;
and
(2) Shares of stock of agricultural, commercial
and industrial entities, although they may have
real estate.
Interest in business is a personal property
With regard to the nature of the property mortgaged which
is one half interest in the business, such interest is a
personal property capable of appropriation and not included
in the enumeration of real properties in articles 335 of the
Civil Code, and may be the subject of mortgage.
TESTS TO DETERMINE WHETHER A PROPERTY IS A
MOVABLE PROPERTY or NOT (MES)
A. Test of Mobility – If the property is capable of being
carried from place to place without injuring the real property
to which it may in the meantime be attached
B. Test of Exclusion – Everything not included in Art. 415 of
NCC, e.g. ships or vessels or interest in a business
C. By reason of a Special law – Immovable by nature but
movable for the purpose of the special law, e.g. Growing
crops for purposes of the Chattel Mortgage Law
Art. 418. Movable property is either consumable or
nonconsumable. To the first class belong those
movables which cannot be used in a manner
appropriate to their nature without their being
consumed; to the second class belong all the others.
Properties classified according to consumability
1. Consumable property – That which cannot be used
according to its nature without being consumed or being
eaten or used up
2. Non-Consumable property – That which can be used
according to its nature without being consumed or being
eaten or used up.
Properties classified according to susceptibility to
substitution
1. Fungible property – That property which belongs to a
common genus permitting its substitution
2. Non- fungible property – That property which is specified
and not subject to substitution
NOTE: As to whether a property is fungible or non-fungible
is determined by the agreement of the parties and not on
the consumability of the thing.
Examples:
(1) Rice is by its nature consumable but if the parties
intend a loan of rice, for display or exhibition, it is
in that sense nonfungible because the identical
rice need be returned. If the rice is loaned for
consumption, it is not only consumable but also
fungible.
(2) Money is by its nature (physically) non-
consumable but it is considered consumable in the
sense that when used, money leaves the owner
who thereby parts with it. Money is fungible
because the debtor need only to return an
equivalent amount in case of simple loan. But if the
obligation is that the identical bills given are the
same ones to be returned, then the money is
nonfungible.
(3) The obligation to deliver ten copies of a particular
book involves fungible, but non-consumable
things.
CHAPTER 3
PROPERTY IN RELATION TO THE PERSON TO WHOM
IT BELONGS
Art. 419. Property is either of public dominion or of
private ownership. (338)
CLASSIFICATION OF PROPERTY BY OWNERSHIP
1. In relation to the State
a. Public Dominion
b. Patrimonial
2. In relation to political subdivisions/local
government unit
a. Public use
b. Patrimonial
3. In relation to private persons
a. Owned individually
b. Owned collectively
NOTE: Sacred and religious objects are considered outside
the commerce of man. They are neither public nor private
party (Barlin v. Ramirez, November 24, 1906).
CONCEPT OF REGALIAN DOCTRINE IN RELATION TO
PROPERTY
All lands of the public domain belong to the State and lands
not otherwise appearing to be clearly within private
ownership are presumed to belong to the State. Unless
public land is shown to have been reclassified as alienable
or disposable, and subsequently alienated to a private
person by the State, it remains part of the inalienable public
domain. Occupation thereof in the concept of owner, no
matter how long, cannot ripen in ownership and be
registered as a title.
Art. 420. The following things are property of public
dominion:
(1) Those intended for public use, such as
roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks,
shores, roadsteads, and others of similar
character;
(2) Those which belong to the State, without
being for public use, and are intended for
some public service or for the development of
the national wealth. (339a)
Kinds of property of public dominion (USD)
1. For public Use;
2. Intended for public Service and not for public use; and
3. For the Development of the national wealth (NCC, Art.
420).
PUBLIC USE VS. PUBLIC SERVICE VS. DNW
Property for Public Use – may be used indiscriminately by
the public
Property for Public Service – may be used only by those
authorized by proper authority
Property for the Development of National Wealth - this
class of property constituted property of public dominion
although employed for some economic or commercial
activity to increase the national wealth
PUBLIC DOMINION - It means ownership by the public in
general. It may also mean properties or things held by the
State by regalian right.
Their purpose is not to serve the State as a juridical person
but the citizens. They are intended for the common and
public welfare and so they cannot be the object of
appropriation either by the State or by private persons.
Viewed in this light, the State holds these properties not in
the concept of an owner125 but only in consequence of its
territorial integrity.126 Hence, the relation of the State to
these properties arises from the fact that the State is the
juridical representative of the social group, and as such it
takes care of them, preserves them and regulates their use
for the general welfare.
“Public Dominion,” as Referring To “State Ownership”
In another sense, the term “public dominion” may also mean
properties or things held by the State by regalian right.128
Under Section 2 of Article XII of the 1987 Philippine
Constitution, which reaffirms the regalian doctrine or jura
regalia earlier enshrined in the 1935 Philippine Constitution,
all lands of the public domain as well as all natural
resources are owned by the State.129 While these
properties are owned
by the State, they remain to be part of the public dominion.
“Public Ownership” Distinguished From “State
Ownership”
Property of public dominion falling under the concept of
State ownership by virtue of regalian right must be
distinguished from property of public dominion in the
concept of public ownership. In the latter, not even the State
may make them the object of commerce. Hence, they
cannot be leased, donated, sold or be the object of any
contract.
Q: ARE NATURAL RESOURCES TOTALLY OUTSIDE
THE COMMERCE OF MEN?
A: NO. Constitution allows the State to enter into co-
production, joint venture or production-sharing agreements
with private individuals or corporations for their exploration,
development and utilization.
Q: HOW ABOUT FISHPONDS?
A: They may be leased although they may not be
alienated.
Public lands such as tidal swamps, mangroves, marshes,
foreshore lands and ponds suitable for fishery operations
shall not be disposed or alienated but they may be the
subject matter of a fishpond lease agreement.
Intent to Devote, Sufficient
The Supreme Court clarified that in order to be property of
public dominion an intention to devote it to public use is
sufficient and it is not necessary that it must actually be
used as such.
Property of Public Dominion: Intended For Public Use
1. Roads
2. Canals
3. Torrents
4. Ports and bridges constructed by the state
5. Banks
6. Shores
7. Roadsteads
8. Others of similar character
“The Water Code of the Philippines,” add to the above
enumeration, the following:
“Art. 5. The following belong to the State:
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs and brooks
running in their natural beds and the bed themselves;
c. Natural lakes and lagoons;
d. All other categories of surface waters such as water
flowing over lands, water from rainfall whether natural or
artificial, and water from agriculture runoff, seepage and
drainage;
e. Atmospheric water;
f. Subterranean or ground waters; and
g. Seawater.”
“Art. 6. The following waters found on private lands also
belong to the State:
a. Continuous or intermittent waters rising on such lands.
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
d. Subterranean or ground waters; and
e. Waters in swamps and marshes.’’
“Others of Similar Character”
1. Creeks
2. Water works system
3. Reclaimed lands of Public Estates Authority
4. Military Reservation
PROPERTY OF PUBLIC DOMINION: FOR PUBLIC
SERVICE
All properties of the State that are devoted or intended for
some public service are likewise part of the public dominion.
A good example of a property falling under this category is
the Roppongi property.
PROPERTY OF PUBLIC DOMINION: FOR THE
DEVELOPMENT OF NATIONAL WEALTH
All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With
the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration,
development and utilization of natural resources shall be
under the full control and supervision of the State. The State
may directly undertake such activities or it may enter into
coproduction, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or
associations at least sixty per centum of whose capital is
owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not
more than twenty-five years, and under such terms and
conditions as may be provided
by law.
A. NATURAL RESOURCES
a. Fish Pond – may not be alienated but only
leased
b. Watershed Reservation
c. Submerged lands
B. LANDS OF THE PUBLIC DOMAIN
CLASSIFICATION OF LANDS ACCORDING TO
OWNERSHIP
1. Public Dominion – if it is intended for public use,
or for public service, or for the development of
national wealth
2. Private Ownership
  Patrimonial Property - those
belonging to the state that is not
of such character (as above), or
although of such character but
no longer intended for public
use or for public service
 Those that belong to private
individuals (either
individually or collectively)
NOTE: Only agricultural lands of the public domain
may be alienated; all other natural resources may not
be.
ALIENABLE AND DISPOSABLE LANDS OF THE STATE
1. Patrimonial lands of the state, or those classified
as lands of private ownership
2. Agricultural lands of the public domain
Agricultural public lands - those alienable portions of the
lands of the public domain which are not forest or timber,
mineral,224 or national parks
Classification of Public Lands, Prerogative of the
Executive
It is only the President, upon the recommendation of the
proper department head, who has the authority to classify
the lands of the public domain into alienable or disposable,
timber and mineral lands. The classification of public lands,
therefore, is an exclusive prerogative of the Executive
Department of the Government and not of the courts.
In the absence of such classifi cation, the land remains as
unclassified land until it is released therefrom and rendered
open to disposition.
Q: When Public Lands Classified As Patrimonial
Property?
A: Public domain lands become patrimonial property only if
there is a formal declaration that these are alienable and
disposable, together with an express government
manifestation that the property is already patrimonial or no
longer retained for public service or the development of
national wealth.
CHARACTERISTICS OF PROPERTIES OF PUBLIC
DOMINION
1. Outside the Commerce of Men
2. Not susceptible to private appropriation and
acquisitive prescription
3. Not subject to attachment or execution
4. They cannot be burdened with voluntary
easement
Properties in private ownership of private persons or
entities (NCC, Art.425)
All properties not belonging to the State or its political
subdivision are properties of private ownership pertaining to
private persons, either individually or collectively.
Patrimonial property of the State
It is the property intended for the attainment of the economic
ends of the State, that is, for subsistence. It is owned by the
State in its private or proprietary capacity. It is the property
not devoted to public use, public service, or the
development of the national wealth.
An executive or legislative act is necessary to reclassify
property into patrimonial. The conversion cannot be inferred
from non-use.
Art. 421. All other property of the State, which is not of
the character stated in the preceding article, is
patrimonial property. (340a)
- may be alienated
- may be acquired by acquisitive prescription
EXAMPLE OF PATRIMONIAL PROPERTIES
1. Friar Lands
2.
3.
Art. 422. Property of public dominion, when no longer
intended for public use or for public service, shall form
part of the patrimonial property of the State. (341a)
NOTE: This is not automatic. There must be a formal
declaration on the part of the government, either through
the Executive Dep’t or the Legislative, to the effect that the
property is no longer needed for public service, for public
use or for special industries.
Art. 423. The property of provinces, cities, and
municipalities is divided into property for public use
and patrimonial property. (343)
Art. 424. Property for public use, in the provinces,
cities, and municipalities, consist 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.
All other property possessed by any of them is
patrimonial and shall be governed by this Code,
without prejudice to the provisions of special laws.
(344a)
Property of municipal corporations
1. Provincial roads;
2. City streets;
3. Municipal streets;
4. Squares;
5. Fountains;
6. Public waters;
7. Promenades; and
8. Public works for public service paid for by said
provinces, cities, or municipalities (NCC, Art. 424).
NOTE: All other property possessed by any of them are
patrimonial.
Art. 425. Property of private ownership, besides the
patrimonial property of the State, provinces, cities, and
municipalities, consists of all property belonging to
private persons, either individually or collectively.
(345a)
Art. 426. Whenever by provision of the law, or an
individual declaration, the expression "immovable
things or property," or "movable things or property," is
used, it shall be deemed to include, respectively, the
things enumerated in Chapter 1 and Chapter 2.
Whenever 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 furnishing or
ornamenting of a building, except where from the
context of the law, or the individual declaration, the
contrary clearly appears. (346a)