IMPORTANCE AND SIGNIFICANCE OF CLASSIFICATION UNDER THE CIVIL CODE

(1) In Criminal Law

(a) Usurpation of property can take place only with respect to real property. [RPC 312] (b) Robbery and theft can be committed only

against personal property. [RPC 293, 308] (2) In the Form of Contracts Involving Movables and

Immovables

(a) Subject matter of specific contracts:

(i) Only real property can be the subject of real mortgage [NCC 2124] and antichresis [NCC 2132]

(ii) Only personal property can be the subject of voluntary deposit [NCC 1966], pledge [NCC 2094] and chattel mortgage [Act 1508[

(b) Donations of real property are required to be in a public instrument [NCC 749] but a donation of a movable may be made orally or in writing [NCC 748]

(3) For Acquisitive Prescription

(a) Real property can be acquired by prescription in 30 years (bad faith) and 10 years (good faith). (NCC 1137, 1134)

(b) Movables can be acquired by prescription in 8 years (bad faith) and 4 years (good faith). (NCC 1132)

(4) Actions for Recovery of Possession

(a) Possession of real property - recovered through accion reivindicatoria, accion publiciana, forcible entry and unlawful detainer. (b) Possession of movable property - recovered

through replevin. (5) Venue of actions

(a) Real actions - Actions concerning real property are commenced in the court which has jurisdiction over the area where the real property is situated. [Rules of Court Rule 4 Sec. 1]

(b) Personal actions - Commenced where the plaintiff or any of the principal plaintiffs, or where the defendant or any of the principal defendants resides, or if a non-resident

UP COLLEGE OF LAW PROPERTY BAR OPERATIONS COMMISSION

defendant, where he may be found, at the election of the plaintiff. [Rule 4 Sec. 2]

(6) The Governing Law (Private International Law) (a) Immovables - governed by the law of the

country where they are located

(b) Movables - governed by the personal laws of the owner (which in some cases is the law of his nationality and in other cases, the law of his domicile)

(7) In affecting third persons

(a) In transactions involving real property – must be recorded in the Registry of Property to affect third persons

(b) In transactions involving personal property – registration is not required, except for chattel mortgages [Chattel Mortgage Register, NCC 2140]

BASEDONOWNERSHIP

Either of public dominion or private ownership [NCC 419]

Churches and other consecrated objects are considered outside the commerce of man; they are considered neither public nor private property PUBLIC DOMINION

Property of public dominion is outside the commerce of man. They cannot be the subject matter of private contracts, cannot be acquired by prescription and they are not subject to attachment and execution nor burdened with a voluntary easement.

Public

Dominion As defined by NCC 420

Public

Domain Used in Art XII, Section 2, 1987 Constitution

Public Lands Public Land Act

Characteristics:

(1) Not owned by the State but pertains to it as territorial sovereign; to hold in trust for the interest of the community.

(2) Purpose: For public use, and not for use by the State as a juridical person

(3) Cannot be the subject of appropriation either by the State or by private persons

Classifications:

Administered by the State: [NCC 420]

(1) Those intended for public use (roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character)

May be used by everybody, even by strangers or aliens but nobody can exercise over it the rights of a private owner

(2) Those intended for some public service

(a) may be used only by authorized persons but exists for the benefit of all

(b) e.g. fortresses, unleased mines and civil buildings

(3) Those for the development of the national wealth Includes natural resources such as minerals, coal, oil and forest

(4) Patrimonial property

(a) Owned by the State over which it has the same rights as private individuals in relation to their own property

(b) Subject to the administrative laws and regulations on the procedure of exercising such rights.

(c) E.g. friar lands, escheated properties and commercial buildings

(d) Purpose:

(i) Enables the State to attain its economic ends

(ii) Serves as a means for the State’s subsistence and preservation

(iii) Enables the State to fulfill its primary mission

(e) Conversion of Property of Public Dominion for Public Use to Patrimonial Property:

(i) Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State [NCC 422, Civil Code]

(ii) Requires a Declaration by the Government (executive or legislative departments) that it is no longer needed for public use or service.

Administered by Municipal Corporations: [NCC 424]

(1) Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities.

(2) Patrimonial property of Municipal Corporations: (a) The province or municipality, as a juridical

entity, also possesses private property to answer for its economic necessities.

(b) Classification of Properties of provinces, cities, and municipalities [Salas v. Jarencio, (1972)]

(i) Properties acquired with their own funds in their private or corporate capacity over which the political subdivision has ownership and control

(ii) Properties of public dominion held in trust for the State’s inhabitants are subject to the control and supervision of the State (c) A municipal corporation must prove that they

acquired the land with their own corporate funds

(d) Presumption: that land comes from the State upon the creation of the municipality. All lands in the possession of the municipality Except for those acquired with its private funds, are deemed to be property of public dominion, held in trust for the State for the benefit of its inhabitants.

(e) Congress has paramount power to dispose of lands of public dominion in a municipality, the latter being a subdivision only for purposes of local administration. [Salas v. Jarencio, (1972)] PRIVATE OWNERSHIP

Can be exercised by the State in its private capacity or by private persons

Kinds:

(1) Patrimonial property - Property owned by the State and its political subdivisions in their private capacity; all property of the State not included in NCC 420 (on public dominion) [NCC 421-424] (2) Property belonging to private persons, either

individually or collectively [NCC 425]

(1) Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively.

(2) Refers to all property belonging to private persons, natural or juridical, either individually or collectively (co-owned property)

Determination (two different views):

(1) Determined by how the property was used:

In Province of Zamboanga v. City of Zamboanga (1968), property was considered patrimonial for they were not for public use.

(2) Determined by how the property was acquired: According to Salas v. Jarencio (1972), the absence of a title deed to any land, showing that it was

acquired with its private or corporate funds, the presumption is that such land came from the State upon the creation of the municipality. Conversion

Alienable Public Land converted to Private Property through Prescription – Alienable public land held by a possessor – personally/through predecessors-in- interest, openly, continuously and exclusively – for 30 years is CONVERTED to private property by the mere lapse or completion of the period. The application for confirmation is mere formality, because land had already been converted, giving rise to a registrable title. [Director of Lands v. IAC] Private Land converted to Property of Public Dominion through abandonment and reclamation – Through the gradual encroachment or erosion by the ebb and flow of the tide, private property may become public IF the owner appears to have ABANDONED the land, and permitted it to be totally destroyed so as to become part of the shore. The land having disappeared on account of the gradual erosion, and having remained submerged until they were reclaimed by the government, they are public land. [Government v. Cabangis]