Title I. - CLASSIFICATION OF PROPERTY a.

Fungible
b. Non fungible
Art. 414. All things which are or may be the object of 7. As to accession
appropriation are considered either: a. Principal
(1) Immovable or real property; or b. Accessory
(2) Movable or personal property. 8. As to existence
a. Existing or present property (res existentes)
Property - All things which are or may be the object of b. Future property (res futurae)
appropriation considered as either real or personal property 9. As to consumability
a. Consumable
Not all things are properties, but all properties are things. b. Non-consumable
THINGS classified into the following groups: 10. As to divisibility
1. Res nullius – No owner, either because they have a. Divisible
been abandoned by their owners or that they were b. Indivisible
never appropriated in the first place. THEY CAN
BE APPROPRIATED AND ARE CONSIDERED RABUYA CLASSIFIES PROPERTY AS FOLLOWS:
AS PROPERTY. 1. Immovable or movable
2. Res communes – Belonging to everyone (sun, 2. Movables, in turn, are classified into consumable
star, moon). THEY CANNOT BE or non-consumable
APPROPRIATED 3. From the viewpoint of ownership, property is
3. Res alicujus – Tangible objects or intangible ones classified either as property of public dominion or
(rights) which belong to someone. THEY private ownership
CANNOT BE APPROPRIATED
Importance of Classification
Requisites for a thing to be considered as property 1. For purposes of applying the rules of acquisitive
(USA) prescription
2. In determining the propriety of the object of the
1. Utility – Capacity to satisfy human wants contracts of pledge, chattel mortgage and real
2. Substantivity/ Individuality – It has a separate and estate mortgage
autonomous existence. It can exist by itself and not merely 3. For purposes of determining the formalities of a
as a part of a whole (Paras, 2008). donation
3. Appropriability - Susceptibility to ownership/possession, 4. In extrajudicial deposit
even if not yet actually appropriated 5. In crimes of theft, robbery and usurpation
6. For purposes of determining the venue in
remedial law
Properties NOT susceptible of appropriation
CHAPTER I
1. Common things (res communes) – IMMOVABLE PROPERTY

GR: Those properties belonging to everyone. While in Art. 415. The following are immovable property:
particular no one owns common property, still in another (1) Land, buildings, roads and constructions of
sense, res communes are really owned by everybody in that all kinds adhered to the soil;
their use and enjoyment are given to all of mankind. e.g. air,
wind, sunlight (Paras, 2008). (2) Trees, plants, and growing fruits, while they
XPN: Those that may be appropriated under certain are attached to the land or form an integral part
conditions in a limited way. e.g. Electricity of an immovable;

2. Not susceptible due to physical impossibility e.g. Sun (3) Everything attached to an immovable in a
fixed manner, in such a way that it cannot be
3. Not susceptible due to legal impossibility e.g. Human separated therefrom without breaking the
body material or deterioration of the object;

CLASSIFICATIONS OF PROPERTY (4) Statues, reliefs, paintings or other objects

for use or ornamentation, placed in buildings
1. As to mobility or on lands by the owner of the immovable in
a. Immovable or real property such a manner that it reveals the intention to
b. Movable or personal property attach them permanently to the tenements;
2. As to ownership
a. Public dominion (5) Machinery, receptacles, instruments or
b. Private ownership implements intended by the owner of the
3. As to alienability tenement for an industry or works which may
a. Alienable be carried on in a building or on a piece of land,
b. Inalienable and which tend directly to meet the needs of
4. As to individuality the said industry or works;
a. Specific property
b. Generic property (6) Animal houses, pigeon-houses, beehives,
5. As to susceptibility to touch fish ponds or breeding places of similar
a. Tangible nature, in case their owner has placed them or
b. Intangible preserves them with the intention to have them
6. As to susceptibility to substitution 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 Art. 417. The following are also considered as personal
it is considered as personal property. property:
(1) Obligations and actions which have for
NOTE: In case of uprooted timber, they are still not their object movables or demandable sums;
considered as personal property because timber is an and
integral part of the timber land. (2) Shares of stock of agricultural, commercial
and industrial entities, although they may have
Growing fruits real estate.
GR: Growing fruits are considered as real property so long
as they are still attached to the soil. Interest in business is a personal property
XPN: Growing fruits may be exceptionally treated as With regard to the nature of the property mortgaged which
personal property pursuant to the provisions of Art. 416(2) is one half interest in the business, such interest is a
of the New Civil Code (Rabuya, 2008). personal property capable of appropriation and not included
E.g. in the enumeration of real properties in articles 335 of the
1. For the purposes of sale of the whole or part of the crops Civil Code, and may be the subject of mortgage.
2. For purposes of attachment and execution; and
3. For applying the provisions of the Chattel Mortgage Law.
TESTS TO DETERMINE WHETHER A PROPERTY IS A CLASSIFICATION OF PROPERTY BY OWNERSHIP
MOVABLE PROPERTY or NOT (MES)
1. In relation to the State
A. Test of Mobility – If the property is capable of being a. Public Dominion
carried from place to place without injuring the real property b. Patrimonial
to which it may in the meantime be attached
2. In relation to political subdivisions/local
B. Test of Exclusion – Everything not included in Art. 415 of government unit
NCC, e.g. ships or vessels or interest in a business a. Public use
b. Patrimonial
C. By reason of a Special law – Immovable by nature but
movable for the purpose of the special law, e.g. Growing 3. In relation to private persons
crops for purposes of the Chattel Mortgage Law a. Owned individually
b. Owned collectively

Art. 418. Movable property is either consumable or NOTE: Sacred and religious objects are considered outside
nonconsumable. To the first class belong those the commerce of man. They are neither public nor private
movables which cannot be used in a manner party (Barlin v. Ramirez, November 24, 1906).
appropriate to their nature without their being
consumed; to the second class belong all the others. CONCEPT OF REGALIAN DOCTRINE IN RELATION TO
PROPERTY
Properties classified according to consumability All lands of the public domain belong to the State and lands
1. Consumable property – That which cannot be used not otherwise appearing to be clearly within private
according to its nature without being consumed or being ownership are presumed to belong to the State. Unless
eaten or used up public land is shown to have been reclassified as alienable
2. Non-Consumable property – That which can be used or disposable, and subsequently alienated to a private
according to its nature without being consumed or being person by the State, it remains part of the inalienable public
eaten or used up. domain. Occupation thereof in the concept of owner, no
matter how long, cannot ripen in ownership and be
Properties classified according to susceptibility to registered as a title.
substitution
Art. 420. The following things are property of public
1. Fungible property – That property which belongs to a
dominion:
common genus permitting its substitution
2. Non- fungible property – That property which is specified
and not subject to substitution (1) Those intended for public use, such as
roads, canals, rivers, torrents, ports and
NOTE: As to whether a property is fungible or non-fungible bridges constructed by the State, banks,
is determined by the agreement of the parties and not on shores, roadsteads, and others of similar
the consumability of the thing. character;

Examples: (2) Those which belong to the State, without

being for public use, and are intended for
(1) Rice is by its nature consumable but if the parties some public service or for the development of
intend a loan of rice, for display or exhibition, it is the national wealth. (339a)
in that sense nonfungible because the identical
rice need be returned. If the rice is loaned for
Kinds of property of public dominion (USD)
consumption, it is not only consumable but also
1. For public Use;
fungible.
2. Intended for public Service and not for public use; and
(2) Money is by its nature (physically) non-
3. For the Development of the national wealth (NCC, Art.
consumable but it is considered consumable in the
420).
sense that when used, money leaves the owner
who thereby parts with it. Money is fungible
PUBLIC USE VS. PUBLIC SERVICE VS. DNW
because the debtor need only to return an
equivalent amount in case of simple loan. But if the
Property for Public Use – may be used indiscriminately by
obligation is that the identical bills given are the
the public
same ones to be returned, then the money is
nonfungible. Property for Public Service – may be used only by those
(3) The obligation to deliver ten copies of a particular authorized by proper authority
book involves fungible, but non-consumable
things. 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
CHAPTER 3
PROPERTY IN RELATION TO THE PERSON TO WHOM
IT BELONGS
PUBLIC DOMINION - It means ownership by the public in
Art. 419. Property is either of public dominion or of general. It may also mean properties or things held by the
private ownership. (338) State by regalian right.
Their purpose is not to serve the State as a juridical person “Art. 5. The following belong to the State:
but the citizens. They are intended for the common and a. Rivers and their natural beds;
public welfare and so they cannot be the object of b. Continuous or intermittent waters of springs and brooks
appropriation either by the State or by private persons. running in their natural beds and the bed themselves;
c. Natural lakes and lagoons;
Viewed in this light, the State holds these properties not in d. All other categories of surface waters such as water
the concept of an owner125 but only in consequence of its flowing over lands, water from rainfall whether natural or
territorial integrity.126 Hence, the relation of the State to artificial, and water from agriculture runoff, seepage and
these properties arises from the fact that the State is the drainage;
juridical representative of the social group, and as such it e. Atmospheric water;
takes care of them, preserves them and regulates their use f. Subterranean or ground waters; and
for the general welfare. g. Seawater.”

“Public Dominion,” as Referring To “State Ownership” “Art. 6. The following waters found on private lands also
In another sense, the term “public dominion” may also mean belong to the State:
properties or things held by the State by regalian right.128 a. Continuous or intermittent waters rising on such lands.
Under Section 2 of Article XII of the 1987 Philippine b. Lakes and lagoons naturally occurring on such lands;
Constitution, which reaffirms the regalian doctrine or jura c. Rain water falling on such lands;
regalia earlier enshrined in the 1935 Philippine Constitution, d. Subterranean or ground waters; and
all lands of the public domain as well as all natural e. Waters in swamps and marshes.’’
resources are owned by the State.129 While these
properties are owned “Others of Similar Character”
by the State, they remain to be part of the public dominion. 1. Creeks
2. Water works system
“Public Ownership” Distinguished From “State 3. Reclaimed lands of Public Estates Authority
Ownership” 4. Military Reservation
Property of public dominion falling under the concept of
State ownership by virtue of regalian right must be PROPERTY OF PUBLIC DOMINION: FOR PUBLIC
distinguished from property of public dominion in the SERVICE
concept of public ownership. In the latter, not even the State All properties of the State that are devoted or intended for
may make them the object of commerce. Hence, they some public service are likewise part of the public dominion.
cannot be leased, donated, sold or be the object of any
contract. A good example of a property falling under this category is
the Roppongi property.
Q: ARE NATURAL RESOURCES TOTALLY OUTSIDE
THE COMMERCE OF MEN? PROPERTY OF PUBLIC DOMINION: FOR THE
DEVELOPMENT OF NATIONAL WEALTH
A: NO. Constitution allows the State to enter into co- All lands of the public domain, waters, minerals, coal,
production, joint venture or production-sharing agreements petroleum, and other mineral oils, all forces of potential
with private individuals or corporations for their exploration, energy, fisheries, forests or timber, wildlife, flora and fauna,
development and utilization. and other natural resources are owned by the State. With
the exception of agricultural lands, all other natural
Q: HOW ABOUT FISHPONDS? resources shall not be alienated. The exploration,
development and utilization of natural resources shall be
A: They may be leased although they may not be under the full control and supervision of the State. The State
alienated. may directly undertake such activities or it may enter into
coproduction, joint venture, or production-sharing
Public lands such as tidal swamps, mangroves, marshes, agreements with Filipino citizens, or corporations or
foreshore lands and ponds suitable for fishery operations associations at least sixty per centum of whose capital is
shall not be disposed or alienated but they may be the owned by such citizens. Such agreements may be for a
subject matter of a fishpond lease agreement. period not exceeding twenty-five years, renewable for not
more than twenty-five years, and under such terms and
Intent to Devote, Sufficient conditions as may be provided
The Supreme Court clarified that in order to be property of by law.
public dominion an intention to devote it to public use is
sufficient and it is not necessary that it must actually be A. NATURAL RESOURCES
used as such. a. Fish Pond – may not be alienated but only
leased
Property of Public Dominion: Intended For Public Use b. Watershed Reservation
1. Roads c. Submerged lands
2. Canals
3. Torrents B. LANDS OF THE PUBLIC DOMAIN
4. Ports and bridges constructed by the state
5. Banks CLASSIFICATION OF LANDS ACCORDING TO
6. Shores OWNERSHIP
7. Roadsteads 1. Public Dominion – if it is intended for public use,
8. Others of similar character or for public service, or for the development of
national wealth
“The Water Code of the Philippines,” add to the above 2. Private Ownership
enumeration, the following:
  Patrimonial Property - those An executive or legislative act is necessary to reclassify
belonging to the state that is not property into patrimonial. The conversion cannot be inferred
of such character (as above), or from non-use.
although of such character but
no longer intended for public Art. 421. All other property of the State, which is not of
use or for public service the character stated in the preceding article, is
 Those that belong to private patrimonial property. (340a)
individuals (either
individually or collectively) - may be alienated
- may be acquired by acquisitive prescription
NOTE: Only agricultural lands of the public domain
may be alienated; all other natural resources may not
be. EXAMPLE OF PATRIMONIAL PROPERTIES
1. Friar Lands
ALIENABLE AND DISPOSABLE LANDS OF THE STATE 2.
1. Patrimonial lands of the state, or those classified 3.
as lands of private ownership
2. Agricultural lands of the public domain Art. 422. Property of public dominion, when no longer
intended for public use or for public service, shall form
Agricultural public lands - those alienable portions of the part of the patrimonial property of the State. (341a)
lands of the public domain which are not forest or timber,
mineral,224 or national parks NOTE: This is not automatic. There must be a formal
declaration on the part of the government, either through
Classification of Public Lands, Prerogative of the the Executive Dep’t or the Legislative, to the effect that the
Executive property is no longer needed for public service, for public
It is only the President, upon the recommendation of the use or for special industries.
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, Art. 423. The property of provinces, cities, and
therefore, is an exclusive prerogative of the Executive municipalities is divided into property for public use
Department of the Government and not of the courts. and patrimonial property. (343)

In the absence of such classifi cation, the land remains as Art. 424. Property for public use, in the provinces,
unclassified land until it is released therefrom and rendered cities, and municipalities, consist of the provincial
open to disposition. roads, city streets, municipal streets, the squares,
fountains, public waters, promenades, and public
Q: When Public Lands Classified As Patrimonial works for public service paid for by said provinces,
Property? cities, or municipalities.

A: Public domain lands become patrimonial property only if All other property possessed by any of them is
there is a formal declaration that these are alienable and patrimonial and shall be governed by this Code,
disposable, together with an express government without prejudice to the provisions of special laws.
manifestation that the property is already patrimonial or no (344a)
longer retained for public service or the development of
national wealth.
Property of municipal corporations
1. Provincial roads;
CHARACTERISTICS OF PROPERTIES OF PUBLIC 2. City streets;
DOMINION 3. Municipal streets;
4. Squares;
1. Outside the Commerce of Men 5. Fountains;
2. Not susceptible to private appropriation and 6. Public waters;
acquisitive prescription 7. Promenades; and
3. Not subject to attachment or execution 8. Public works for public service paid for by said
4. They cannot be burdened with voluntary provinces, cities, or municipalities (NCC, Art. 424).
easement
NOTE: All other property possessed by any of them are
Properties in private ownership of private persons or patrimonial.
entities (NCC, Art.425)
All properties not belonging to the State or its political Art. 425. Property of private ownership, besides the
subdivision are properties of private ownership pertaining to patrimonial property of the State, provinces, cities, and
private persons, either individually or collectively. municipalities, consists of all property belonging to
private persons, either individually or collectively.
Patrimonial property of the State (345a)
It is the property intended for the attainment of the economic
ends of the State, that is, for subsistence. It is owned by the Art. 426. Whenever by provision of the law, or an
State in its private or proprietary capacity. It is the property individual declaration, the expression "immovable
not devoted to public use, public service, or the things or property," or "movable things or property," is
development of the national wealth. 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)