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Property: (Paras, 2008)

The document discusses various classifications and properties of property. It defines property as things or rights that can satisfy human wants/needs and can be appropriated. Property is classified based on 10 attributes: alienability, individuality, susceptibility to touch, substitution, accession, existence, consumability, divisibility, mobility, and ownership. Things like common goods, human bodies, and things impossible to appropriate are not considered property. Property is further divided into real (immovable) and personal (movable) categories based on whether they can be moved or are attached to land.

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565 views2 pages

Property: (Paras, 2008)

The document discusses various classifications and properties of property. It defines property as things or rights that can satisfy human wants/needs and can be appropriated. Property is classified based on 10 attributes: alienability, individuality, susceptibility to touch, substitution, accession, existence, consumability, divisibility, mobility, and ownership. Things like common goods, human bodies, and things impossible to appropriate are not considered property. Property is further divided into real (immovable) and personal (movable) categories based on whether they can be moved or are attached to land.

Uploaded by

Romar Taroy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Property Overview
  • Categories of Immovable Property

Property 3.

As to alienability
All things which are or may be the object of a. Alienable; and
appropriation considered as either real or personal b. Inalienable.
property (NCC, Art. 414). 4. As to individuality
It is an object or a right which is appropriated or a. Specific property; and
susceptible of appropriation by man, with capacity to b. Generic property.
satisfy human wants and needs (Pineda, 1999). 5. As to susceptibility to touch
NOTE: Property does not only cover material things a. Tangible; and
because it mentions of rights which could either be b. Intangible.
classified as real or personal right. 6. As to susceptibility to substitution
Q: Are the rights under the Bill of Rights considered a. Fungible; and
as property? b. Non fungible.
A: NO. They are not susceptible of appropriation. 7. As to accession
Requisites for a thing to be considered as property a. Principal; and
(USA) b. Accessory.
1. Utility – Capacity to satisfy human wants; 8. As to existence
2. Substantivity/ Individuality – It has a separate and a. Existing or present property (res existentes); and
autonomous existence. It can exist by itself and not b. Future property (res futurae).
merely as a part of a whole (Paras, 2008). 9. As to consumability
3. Appropriability - Susceptibility to a. Consumable; and
ownership/possession, even if not yet actually b. Non-consumable.
appropriated. 10. As to divisibility

Properties NOT susceptible of appropriation a. Divisible; and


1. Common things (res communes) – b. Indivisible PROPERTY
GR: Those properties belonging to everyone. While in 135
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 (Paras, 2008).
e.g. air, wind, sunlight
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


The human body is NOT a property
It is neither real nor personal property, whether alive or
dead. It is not even property at all, in that it generally
cannot be appropriated.
While a human being is alive, he cannot, as such, be the
object of a contract, for he is considered outside the
commerce of man. He may donate part of his blood, may
even sell part of his hair, but he cannot sell his body
(Paras, 2008).
Under the R.A. 7170 or the Organ Donation Act of 1991,
donation of all or a part of a human body may only occur
after a person’s “death” (i.e., the irreversible cessation of
circulatory and respiratory functions or the irreversible
cessation of all functions of the entire brain, including
the brain system) [Sec. 2(j), RA 7170, as amended]
CLASSIFICATIONS OF PROPERTY
1. As to mobility
a. Immovable or real property; and
b. Movable or personal property.
2. As to ownership
a. Public dominion; and
b. Private ownership.
CLASSIFICATION OF PROPERTY BY MOBILITY
REAL OR IMMOVABLE PROPERTY (1995, 1997, 2007 Bar)
Categories of immovable property:
Real properties are categorized by: (NIDA)
1. Nature – Those which cannot be carried from place to place;
2. Incorporation – Those which are attached to an immovable in a fixed manner and considered as an integral
part thereof, irrespective of its ownership;
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 thereto; and
4. Analogy – Classified by express provision of law.

IMMOVABLE BY NATURE AND


INCORPORATION Par. 1, Art. 415. Land,
buildings, roads and constructions of all
kinds adhered to the soil.

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