Q: What do you understand about property?

Q: Can we say that rainfall is property?

A: Rainfall cannot be appropriated. Hence, it is not property? NO. Rainfall gathered through pails and
buckets can be owned through occupation

Q: How do we construe the term “appropriable”?

Q: What are the other means of acquiring ownership aside from sale?

A: Occupation – hunting or fishing

Q: Rainfall collected through bucket/pails, a violation? Since it is not appropriable?

Q: Butterflies or spiders that are caught? Can we consider them owned?

A: Yes

Q: Distinguish thing from property.

Q: What are the factors that should be considered in distinguishing things from property?

A: Utility, Appropriability, Individuality – presence of these factors makes a thing

Q: Are there things which cannot stand alone?

Q: Connection between matter (science) and property?

A: Matter refer to things in Civil Law

Q: What is classification of property based on mobility?

A: Personal or Real Property?

Q: What is an immovable property?

Q: Why is a blackboard immovable?

A: Attachment is key factor? Not necessarily. Intention/Necessity.

Personal property may be considered real property. If it is the owner who introduced the property and
the blackboard is necessary. In classrooms> yes. In canteen> even if it is the owner who introduced it,
regardless of the intention, cannot be considered real property

Statutory Construction (Art. 415) (4) Ejusdem Generis – “other ornamentation” > intention was to
decorate or beautify

 Ornament – introduced by the owner and intention

 Machinery – Introduced by owner and is necessary in the trade or industry

A: Lights - real or personal property? What manner/degree of attachment is required for a personal
property to be considered real property?
Q: Is the intention important with reference to attachment to determine won a property is real or
personal.

A: Intention is immaterial in immovable property by incorporation .Art. 415 (3). Who introduced the
property is immaterial in Art. 415 (3)

 Real Property Destination > ownership + necessity

 RP by incorporation > attachment regardless of ownership. IMPORTANT attachment will cause
injury to the personal property or the real property. Attachment is permanent

A: Air conditioning unit remains to be a personal property because it is detachable property. Same with
the fluorescent lamp.

A: Distinction between real and personal is important because

 Pawnshops
o Principal Contract: Loan
o Accessory Contract: Pledge (only personal property)
 Foreclosure of real property? Are the structure classified real or personal? A distinction must be
made to determine what will be included in the foreclosure?