The Study Guide on the Law on Property

Property
Property all things which are or may be appropriated. [Art. 414]
Appropriation to appropriate or set apart; to
have dominion over a thing Art. 414. All things
which are or may be
the object of
appropriation are
Classification of Things:
considered either:
1. Res nullius or belonging to no one these 1) Immovable or real
are things which have yet to be appropriated such property; or
as wild animals (ferae naturae) or abandoned
things (res derelictae) 2) Movable or personal

2. Res communes or belonging to everyone

these are things which are owned and enjoyed by Things vs
everyone Property

3. Res alicujus or belonging to someone Things include

these are things which are owned privately by appropriable and non-
someone appropriable things

Property includes

Classification of Property in General:

a. Mobility can they be transported from place to place

1. Movable Attributes of
Dominion:
2. Immovable
P-E-D-R-O
b. Ownership is it owned by an individual or the
P possession
State
E enjoyment
1. public dominion
D disposal
2. private dominion

c. Alienability can it be the subject of contracts

1. within the commerce of man

 The Study Guide on the Law on Property
2. outside the commerce of man

d. Existence is it existing at this moment or in the future

1. present property

2. future property

e. Materiality can they be seen or touched

1. tangible or corporeal

2. intangible or incorporeal

f. Importance

1. principal

2. accessory

g. Capability of Substitution

1. fungible (capable)

2. non-fungible (incapable)

h. Nature

1. generic (referring to a group or class)

2. specific (unique or individual)

i. In the custody of Court

1. Custodia legis (yes)

2. Free

Characteristics of Property

1. U utility for satisfaction of moral or economic wants

2. S susceptibility to appropriation

3. I individuality or substantivity. (can it exist by itself)

 The Study Guide on the Law on Property

Chapter 1:

Immovable Property
Juridical Classification of Immovable
Properties (NIDA) Art. 415. The following
are immovable
1. By Nature property:

1. Land, buildings,
roads, and
constructions of all
kinds adhered on soil;

2. Trees, plants and

growing fruits while
they are attached to
the land or form an
integral part of the
immovable

3. Everything attached
to the 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;
The Study Guide on the Law on Property

Art. 415. The following

are immovable
property:

6. Animal houses,
pigeon-houses,
beehives, fish ponds or
breeding places of
similar nature, in case
the owner 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
places are included;

7. Fertilizer actual used

on a piece of land;

8. Mines, quarries, and

slag dumps, while the
matter thereof forms
part of the bed, and
waters either running
or stagnant;

9.Docks and structures

which, though floating,
are intended by their
nature or object to
remain at a fixed place
on a river, lake or
coast;

10. Contracts for public