ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
DATE: January 13, 2025 ➢ Human: governed by laws promulgated
COVERAGE: Art. 414 to Art. 415 by man.
■ Material, Corporeal or Physical:
Property manifest to the senses, can be
touched or taken.
- All things which are or may be appropriated ■ Intangible, Incorporeal or Juridical:
[Art. 414] personal prestations, or acts, or
- Susceptible to appropriation, it is not necessary services.
that the thing has an owner ● Must be external, personal
and possible.
Right to Property | Ownership
Requisites to be juridically considered as a thing
a. Right to Property - juridical tie which vests or property
exclusive power to a person to receive or obtain
benefits from a thing. 1. Utility: capacity to meet or satisfy human wants
b. Ownership - a person’s mass of rights over the 2. Individuality and substance: separate or
thing autonomous existence.
3. Susceptibility of being appropriated: factors to
Things are all objects that exist and can be of some measure susceptibility are distance, depth,
use to man. immensity.
- Things become property in a juridical sense ● General Rule: Diffused forces of nature
when they are appropriated. (light, rain), common things (sun, moon,
earth, sea, stars, etc.), living human
❖ Classification of Things body cannot be considered as things and
➢ Divine: created directly or indirectly by are therefore not susceptible of
God for worship and sanctification of appropriation
men.
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
○ Exception: When appropriated in Non-fungible Things - those which cannot be
parts. Forces of nature and substituted of other things of the same class
common things to electricity. Parts
of the human body such as hair, Types of Property as defined under the Civil Code
blood, etc.
● Res Nullius or things which are ❖ Immovable or Real Property [Art. 415]
intentionally abandoned are juridically
recognized as things. A. Immovables by nature: those which cannot be
moved from one place to another
Rights as Property
● General Rule: Rights are also considered as (1)Lands, buildings, road and construction
things in a juridical sense. adhered to soil
○ Exception: patrimonial rights are not - Buildings: separate treatment by
considered as things. parties does not change it as
1. Real Rights - power of a person over a specific movable
thing against the whole world without a passive - Buildings & Constructions: become
subject over which to exercise such power. movable when placed by lessee
- Direct and immediate juridical power over presupposing an agreement which
a thing vests right to remove such at the
2. Personal rights - power of a person to demand end of lease
of a passive subject, to give, to do or not to do - Buildings: those which are merely
also known as obligation. Enforceable only superimposed on the soil may also
against determinate or specific individuals be considered movable
- Construction: those which are built
Fungible Things - those which can be substituted of attached to the soil
other things of the same class
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
(8) Mines, quarries and slag dumps while - If it is placed by a holder not as an agent
forming part of the bed and waters either or without order by the owner, it is
running or stagnant considered as movable
(6) Animal houses, pigeon houses, beehives,
● Only refers to natural water, water in fish ponds
drums collected are not applicable
C. Immovables by destination: depends upon their
use in the industry or work
B. Immovables by incorporation
(2) Trees, plants and growing fruits while (4) Statues, reliefs, paintings for use or
attached to land ornamentation placed by the owner
- Trees, Plants: immovable when attached
to land, becomes movable when uprooted (5) Machinery, receptacles, instrument or
except when constitutes natural product implements which tend directly to the industry
of tenement by which it is placed
- Fruits: immovable when ungathered or
unharvested Exception: Principle of Estoppel
(3) Everything attached to an immovable in a ● When parties by stipulation, agree to
fixed manner also known as rex vinta cannot be treat them as personal property.
detached
without breaking or deterioration of the object (6) Animal houses, pigeon houses, beehives,
- Becomes movable when separated from fish ponds or breeding places of similar nature
the tenement
(4) Statues, reliefs, paintings for use or Exception:
ornamentation placed by the owner ● Purposes of sale
● Donation
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
(7) Fertilizer actually used in the land 2. Individuality and substance
3. Appropriability
(9) Floating docks, structures which are
intended to remain at a fixed place on the river, Next Meeting: Art. 416 to 439
coast, etc.
● Example: Power barges NAPOCOR usually CHAPTER 2
docked or floating, considered as real
Movable Property
property. Floating Restaurant
ARTICLE 416. The following things are deemed to be
D. Immovables by analogy/law personal property:
(1) Those movables susceptible of appropriation which
(10) Contracts for public works, servitudes and
other real rights over immovable property are not included in the preceding article;
(2) Real property which by any special provision of law
is considered as personalty;
❖ Movable or Personal Property
● Example: Growing Crops under Chattel
Mortgage Law, it is mobilization by anticipation
(3) Forces of nature which are brought under control
01/27/25 by science; and
Not all things are property. It must meet 3 essential ● Nuclear, wind power, electricity
characteristics
1. Utility
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
(4) In general, all things which can be transported Art. 420
from place to place without impairment of the real
Property of public dominion - cannot be subject of
property to which they are fixed. (335a)
contracts
ARTICLE 417. The following are also considered as
- Conversion to patrimonial property, requires
personal property: formal declaration whether legislative or
(1) Obligations and actions which have for their object executive.
movables or demandable sums; and A. Property for public use - Open indiscriminately
for everyone
(2) Shares of stock of agricultural, commercial and
industrial entities, although they may have real estate. B. Property for public service -
(336a)
In determination of PP or PD, considered use of
● Regardless of type of assets of the corporation property.
→ If for government use, PD
→ Absence of evidence of source of funds used to
acquire, presumption is property for the State hold in
trust by the municipal for benefit of inhabitants
Patrimonial Property - can be the subject of
contracts
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
Ownership Negligence does not preclude use of Art. 432
Treasure - hidden or unknown deposit of money,
- Includes all things on the surface and jewelry or other precious objects.
everything beneath it.
- Exception: Minerals belong to Kabalikat ng ● Rule: It belongs to the owner of the building,
Kaunlaran/ State land or property.
● If found by other than owner: the division would
Right to Use be 50-50
- Must be used in a way not to injure others ○ Should be found by chance
Right to Consume by its use ○ By a stroke of good fortune, no guarantee
Right to dispose of finding.
Right to vindicate or recover ● If finder is employed: not entitled to share.
Remuneration would be dependent upon
Limitations agreement with the contract owner
● By Gov’t: Taxation, Police Power, Eminent
Domain Accession
Doctrine of Self-help - use of reasonable force
- When there is actual or threatened invasion or Value at the time indemnity is to be paid
usurpation NOT AFTER Pecson v. CA
- After, the party must resort to judicial process
as remedy MT: Until Possession
Custodio v. CA: Damnum Absque Injuria
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
Action to Quiet Title Rights of Possessor in Good Faith
- The plaintiff asserts ownership over the - Fruits
defendant's claim. - Retention
- Its nature is quasi in rem which therefore only - Necessary Expenses
binds the parties to the case - Useful Expenses or reimbursement of increase
in value at the option of possessor recovering
Action to Remove Cloud
- Plaintiff declares his own title, also avers the EASEMENTS
source and nature of defendant’s claim, points - Encumbrance upon an immovable belonging to
out its defect and prays that it be declared void. another
General Rule: Actions apply only to immovable Easement v. Lease
property
→ Exception: Movables which have their own registries Continuous: use does not depend human acts
Discontinuous: use is dependent upon acts of man
Apparent: there are external signs that reveal its use
and enjoyment or Non-apparent
Ruinous Buildings and Trees in Danger of
Falling Positive: if it imposes obligation upon owner to do
something or
Negative: prevents owner to do something which he
could lawfully do if it were not for the easement
PRESERVATION - no consent.
Light and View - continuous
-
Easement of drainage - continuous
ALTERATION - ALL
Abutment of a dam - continuous because it does not
ADMINISTRATION - majority
depend upon acts of man
IMPROVE/EMBELLISH - majority
Easement of Right of Way
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
- discontinuous, impossible to continuous pass 24/7 Easement by Prescription – 10 years
- cannot be acquired by prescription
Is it apparent? ● Continuous and Apparent Easements: can
GR: If there is a concrete road, yes. be acquired by title or prescription.
-> XPN: If it only involves simply the right to pass, ○ Continuous and Non-apparent easements
non-apparent. can only be acquired by title.
Easement of aqueduct - always apparent and
continuous. → Positive Easements: from the day it
commenced to be exercised upon the servient
Significance of kinds of easement: acquisition of estate
easement on prescription only apparent and → Negative Easements: from date of notarial
continuous easements can be acquired by prescription. prohibition
Art. 617: Easements are inseparable from estate it Ex: Light and View. An opening made on one’s
belongs own wall is a negative easement. Hence
● Alienation of property includes easement even prescription would only commence by the time a
without prior stipulation. notarial prohibition was served.
If made on a party wall, it is a positive
Art. 618: Easements are indivisible easement. Hence, the prescription would
● Among owners of servient and dominant estate commence by the time the opening was made.
○ As to servient estate: each of them must
bear it according to what is allotted to
you Apparent sign which exists prior alienation constitutes
○ As to dominant estate: each of them may as title hence a notarial prohibition would not be
use without changing place or making it required. [Art. 624]
more burdensome
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
Ex: Easement of Right of Way cannot be acquired by
Party Rights Obligations
prescription.
Modes of Extinguishment of Easements Dominant 1. Exercise all
1. Merger: must not be merely temporary Owner rights
a. Ex: Pacto de retro: easement is only necessary for
use
suspended and revived when right to
2. Make
repurchase is exercised necessary
works for use
2. Non user for 10 years and
3. Either of estates cannot be used but can be preservation
revived of servient
4. Expiration of term estate
3. Renounce
5. Renunciation
easement
4. Ask for
mandatory
Use of Easement injunction
● GR: Shall be in the manner or benefit
Servient
contemplated [Art. 626]
Estate
● XPN: When easement has been established in a
general way, it can be used for all needs of
dominant estate
Easements relating to waters
Art. 637 - it must be natural
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
ARELLANO UNIVERSITY SCHOOL OF LAW
PROPERTY LAW
Dean Domingo Navarro | Mon 1:00 pm to 5:00 pm
S.Y. 2024 - 2025 | 2nd Semester Gas Notes
