CIVIL LAW: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

A. Property

I. Definition of Property

Under the Civil Code of the Philippines, property refers to all things that are or may be the object of appropriation. Property is classified based on ownership, use, and characteristics, as described below.

II. Classification of Property

According to Ownership:
- Public Property:
  - Owned by the State or its political subdivisions.
  - For public use (e.g., roads, bridges, plazas).
  - For government service (e.g., government buildings, military installations).
- Private Property:
  - Owned by private individuals or entities.
  - Includes personal and real property not designated for public use.
According to Nature:
- Real Property (Immovable):
  - Defined under Article 415 of the Civil Code.
  - Includes land, buildings, roads, trees, and other immovable structures attached to the land.
- Personal Property (Movable):
  - Defined under Article 416.
  - Includes all things that can be transported from one place to another without altering their substance.
According to Purpose:
- Consumable Property:
  - Goods that are consumed or extinguished upon use (e.g., food, fuel).
- Non-Consumable Property:
  - Goods that can be used repeatedly without being consumed (e.g., furniture, tools).
According to Susceptibility of Appropriation:
- Common Property:
  - Things owned by all, such as air, the high seas, and sunlight.
- Res Nullius:
  - Things that have no owner but can be appropriated, such as wild animals or abandoned property.

III. Ownership (Articles 427–440, Civil Code)

Definition and Attributes:
- Ownership is the right to enjoy, dispose, and exclude others from property.
- It includes the right to the fruits and accessories of the property (Article 428).
Limitations on Ownership:
- Must respect the rights of others (Article 429).
- Subject to laws, such as zoning laws, taxation, and public welfare regulations.
Modes of Acquiring Ownership:
- Original Modes:
  - Occupation.
  - Intellectual creation.
- Derivative Modes:
  - Through contracts, succession, donation, prescription, and accession.
Rights and Obligations:
- The owner has the right to recover property from any unlawful possessor (Article 428).
- Must use property responsibly and prevent damage to others.

IV. Modifications of Ownership

Co-ownership (Articles 484–501):
- Arises when ownership is shared by two or more persons.
- Each co-owner holds an undivided interest in the property.
- Partition may be demanded unless prohibited by agreement or law.
Usufruct (Articles 562–612):
- The right to enjoy the use and fruits of property owned by another.
- Usufructuary must preserve the property and return it upon termination of the usufruct.
Easements (Articles 613–651):
- Encumbrances imposed on a property for the benefit of another (e.g., right of way).
- Created by law, contract, or prescription.
Lease (Articles 1642–1676):
- Temporary use of property by another under agreed conditions.
- Lessors retain ownership but transfer possession and use.
Trusts:
- Legal arrangement wherein ownership is separated from benefit.
- Governed by special laws.

V. Public Property (Articles 420–425)

Definition and Scope:
- Public property is for public use or service and cannot generally be alienated.
Disposition and Use:
- State property can only be alienated under conditions provided by law (e.g., public bidding).
- Property of public dominion cannot be acquired through prescription.
Reclassification of Public Property:
- Public property may become patrimonial if explicitly declared by the government (Article 422).

VI. Private Property

Acquisition:
- Through modes such as sale, donation, inheritance, or prescription.
Loss of Ownership:
- By abandonment, prescription, or destruction of the property.
Protection of Rights:
- Remedies include replevin, action for damages, and recovery of possession.

VII. Accession (Articles 440–465)

Definition:
- Accession refers to the right of the owner to all that is produced by, incorporated, or attached to their property.
Types:
- Accession Discreta: Refers to natural or industrial fruits.
- Accession Continua: Refers to improvements or additions to immovable property (e.g., buildings, plants).
Rules:
- Ownership of improvements belongs to the owner of the principal property unless otherwise agreed upon.

VIII. Possession (Articles 523–561)

Definition:
- Possession is the holding or control of property with the intention of ownership.
Kinds:
- In Good Faith: Belief in lawful ownership.
- In Bad Faith: Awareness of lack of ownership.
Acquisition and Loss:
- Possession may be acquired by material holding or intention.
- Lost through abandonment, destruction, or transfer to another.
Legal Effects:
- Possessors in good faith are entitled to fruits and improvements.
- Possessors in bad faith must return the property and pay damages.

IX. Prescription (Articles 1106–1155)

Definition:
- Prescription is a mode of acquiring or losing property through the passage of time.
Kinds:
- Acquisitive Prescription:
  - Ordinary: Possession in good faith and with just title for ten years.
  - Extraordinary: Continuous possession for 30 years.
- Extinctive Prescription:
  - Bars claims to property after the lapse of the statutory period.

This comprehensive treatment of property under Philippine Civil Law provides a meticulous guide to understanding its scope, classification, ownership rights, and legal implications.