Classification of Property | Property | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW: IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

A. Property

2. Classification of Property

The classification of property under Philippine Civil Law is primarily governed by the Civil Code of the Philippines. Property can be broadly categorized into immovable (real) and movable (personal), with further sub-classifications and distinctions based on their nature, use, ownership, and other legal criteria. Here is an exhaustive overview:

A. Property as an Object of Ownership

Property, in the context of ownership, refers to all things or rights that may be appropriated and are susceptible to being the object of legal transactions.

B. General Classifications of Property

1. Immovable Property (Real Property)

Under Article 415 of the Civil Code, the following are considered immovable property:

  1. Land, Buildings, Roads, and Constructions
    • Land and anything permanently attached to it are immovable.
    • Buildings, roads, and constructions of all kinds adhered to the soil.
  2. Trees, Plants, and Growing Fruits
    • These are immovable as long as they are attached to the land.
    • Once severed, they become movable.
  3. Permanently Attached Items
    • Machinery, receptacles, or instruments intended for a business or trade permanently attached to land or a building.
  4. Dams, Structures, and Waters
    • Dams, ponds, and irrigation systems are immovable if constructed to meet the needs of the property.
  5. Minerals and Quarries
    • As long as they remain under the land, these are immovable.
  6. Contracts for Permanent Use
    • Rights of usufruct, easements, or servitudes established over immovable property.
  7. Other Properties by Law
    • Other items classified as immovable by specific statutes or jurisprudence.

2. Movable Property (Personal Property)

Defined under Article 416 of the Civil Code, movable property includes:

  1. All Things Susceptible to Manual Delivery
    • Tangible goods such as furniture, books, and vehicles.
  2. Forces of Nature Appropriated by Industry
    • Includes electricity, gas, and other energy sources that are subject to control and commercialization.
  3. Rights and Obligations
    • Rights over credit instruments or negotiable documents.

Movable property also includes anything not classified as immovable.

C. Classification by Ownership

  1. Public Property (Dominio Público)
    • Property owned by the State or government, intended for public use (e.g., roads, bridges, rivers).
    • Public domain property is governed by special laws.
  2. Private Property (Dominio Privado)
    • Property owned by private individuals or entities.
    • Includes patrimonial property of the State not devoted to public use.

D. Classification by Use

  1. Property for Public Use
    • Roads, canals, ports, and public squares used freely by the general population.
  2. Patrimonial Property
    • Property owned by the State but not devoted to public use or public service.
  3. Property for Private Use
    • Owned by individuals or corporations.

E. Distinction Based on Susceptibility to Appropriation

  1. Res Nullius (Property without an Owner)
    • Includes items like wild animals or abandoned property.
  2. Res Communes (Property Common to All)
    • Examples include the high seas and air, which cannot be privately owned.

F. Classification Based on Legal Function

  1. Consumable vs. Non-Consumable
    • Consumable: Property that deteriorates or is consumed through use (e.g., food, money).
    • Non-Consumable: Property that does not perish through use (e.g., houses, machinery).
  2. Fungible vs. Non-Fungible
    • Fungible: Interchangeable property based on quantity and quality (e.g., grain, money).
    • Non-Fungible: Unique property with specific value or character (e.g., works of art, heirlooms).

G. Special Categories

  1. Intellectual Property
    • Classified as incorporeal personal property, governed by special laws such as the Intellectual Property Code of the Philippines (RA 8293).
  2. Cultural and Historical Properties
    • Items classified as part of the cultural heritage of the Philippines, regulated under laws like the National Cultural Heritage Act (RA 10066).

H. Legal Implications of Classification

  • Immovable Property:

    • Subject to registration under the Torrens system (Property Registration Decree).
    • Easements and servitudes may attach to them.

  • Movable Property:

    • Governed by possession and transfer rules that are less rigid than for immovables.

  • Public vs. Private Property:

    • Public property cannot be alienated unless reclassified as patrimonial.
    • Private property enjoys constitutional protection from undue seizure (e.g., eminent domain).

I. Modification of Property Classifications

  1. Modes of Acquisition
    • Occupation, succession, donation, or prescription can modify ownership and classifications.
  2. Transformation of Property
    • Trees (immovable) may become movable upon cutting.
    • Materials in a building become immovable upon integration with the structure.

This detailed classification reflects the Civil Code’s intent to delineate property in terms of its nature, ownership, and legal implications, ensuring clarity in transactions and disputes. Mastery of these classifications is critical for resolving legal issues involving ownership and property rights.

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