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 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, NCC2140]