CIVIL LAW: OWNERSHIP AND ITS MODIFICATIONS

B. Ownership > 2. Object of Ownership

Ownership, as defined in Article 427 of the Civil Code of the Philippines, refers to the independent and general right of a person to control a thing, particularly in terms of its enjoyment, disposition, or preservation. It is the most comprehensive real right that a person can have over a thing.

When discussing the object of ownership, this focuses on the things or properties over which ownership can be exercised. Below is a detailed examination:

I. General Principles

Things or Properties as the Object of Ownership
- Ownership pertains to things that are susceptible of appropriation. A thing is considered capable of ownership if it can be lawfully possessed and utilized by a person.
- Article 414 of the Civil Code: "All things which are or may be the object of appropriation are considered either:
  (1) Immovable or real property;
  (2) Movable or personal property."
Classifications of Property Subject to Ownership
- Movable Property (Article 416): Includes all objects that can be transported from place to place without impairing their substance.
- Immovable Property (Article 415): Includes land, buildings, trees, and other things fixed to a specific location.

II. Limitations on the Object of Ownership

Not all things may be the object of ownership. The Civil Code specifies certain limitations:

Common Things for General Use (Article 420):
- Properties of public dominion cannot be appropriated by private individuals. Examples include:
  - Public waters
  - Natural resources
  - Airspace
- Exception: Public properties may be transferred to private ownership if they are declared patrimonial.
Things Outside the Commerce of Man (Article 427):
- Properties that cannot be the object of ownership due to legal or inherent restrictions, such as:
  - Sacred religious objects
  - National treasures of historical or cultural value
- These are deemed outside the commerce of man and cannot be validly owned or sold.

III. Types of Ownership by Classification of Objects

Ownership rights vary depending on the classification of the object:

Ownership of Movable Property:
- Easier to transfer, pledge, or encumber.
- Rights are governed by possession and proof of ownership through title or other legal instruments.
Ownership of Immovable Property:
- Includes land and items permanently attached to it (buildings, trees).
- Governed by laws such as the Torrens System (property registration system).
- Subject to restrictions under agrarian reform laws (e.g., limits on agricultural landholding).
Ownership of Intellectual Property:
- Non-physical objects such as patents, copyrights, and trademarks can also be owned.
- Governed by specific laws outside the Civil Code, such as the Intellectual Property Code (R.A. 8293).

IV. Modes of Acquiring Ownership

Ownership can be acquired through various modes, depending on the type of property:

Original Modes of Acquisition:
- Occupation: Appropriation of things without an owner (e.g., hunting, fishing).
- Intellectual Creation: Ownership arises through innovation and creation (e.g., works of art or inventions).
Derivative Modes of Acquisition:
- Sale or Donation: Ownership is transferred through legal agreements.
- Succession: Ownership passes upon death of a decedent to their heirs.
- Prescription: Ownership is acquired by uninterrupted possession for a specific period, in accordance with Article 1106.

V. Ownership and Related Legal Concepts

Right to Dispose of the Object:
- Owners can transfer, sell, or encumber their property, provided there are no legal restrictions.
Ownership of Fruits:
- Owners are entitled to the fruits of their property:
  - Natural Fruits: Products of the soil, animals, and other natural processes.
  - Civil Fruits: Rents, interest, and other income derived from the property.
Limitations to Ownership Rights:
- Restrictions are imposed by laws such as the Civil Code, zoning ordinances, and environmental laws.
- Eminent domain, taxation, and police power may encroach upon private ownership for public welfare.
Co-Ownership:
- When two or more persons own a thing in common, their rights and obligations are governed by the rules on co-ownership (Articles 484–501).

VI. Ownership of Special Classes of Property

Ownership of Natural Resources:
- Governed by the Constitution (Article XII, Section 2).
- Natural resources such as minerals, forests, and bodies of water are owned by the State and cannot be alienated, except as provided by law.
Ownership by Indigenous Peoples:
- Under R.A. 8371 (Indigenous Peoples’ Rights Act), ancestral domains and lands are recognized as property owned collectively by indigenous cultural communities.
Ownership of Public Property:
- Properties owned by the State are categorized into:
  - Public Dominion: Roads, bridges, and rivers (not subject to private ownership).
  - Patrimonial Property: State property not intended for public use (may be alienated).

VII. Remedies in Cases of Disputes

Action for Quieting of Title (Articles 476–481):
- Remedy to resolve conflicting claims of ownership over property.
Recovery of Possession (Accion Publiciana):
- Action to recover rightful possession of immovable property.
Replevin:
- Remedy for recovery of specific movable property.

VIII. Jurisprudence on the Object of Ownership

Republic v. Sandiganbayan (G.R. No. 152154, 2012): Reiterated the principle that properties unlawfully acquired by public officers are recoverable as they are subject to State ownership.
Heirs of Malabanan v. Republic (G.R. No. 179987, 2009): Clarified the rules on prescription and classification of land under the Civil Code.

Conclusion

The object of ownership encompasses all things susceptible to appropriation, subject to legal limitations and modifications. Ownership is dynamic, involving rights, restrictions, and obligations to balance individual and societal interests. The Civil Code provides a robust framework to determine what constitutes a valid object of ownership, ensuring equitable application and protection of rights.