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Art. 415.
Immovable by DESTINATION
•or those which are placed in an
immovable for the use, exploitation or
perfection (UEP) of such immovable,
such as those mentioned in Nos. 4, 5, 6,
7 and 9 of Art. 415
STATUES, RELIEFS, PAINTING,
etc. (par. 4) REQUISITES:
1. Must be a statue, relief, painting or other objects for use
or ornamentation
2. Must be placed in a building or land
3. Must be placed there by the owner of the building or land
4. Must be placed there in a manner that reveals the
intention to attach them permanently to the building or
land
*RP even if they can be separated without damage to the
land of building to which they are attached.
MACHINERY, RECEPTACLES,
INSTRUMENTS or IMPLEMENTS
(par.5) REQUISITES:
1. MRII are placed in a building or a piece of land
2. Must have been placed there by the owner of the bldg.
or the piece of land
3. Must have been intended by the owner for an industry
or work
4. Industry or work must be carried on in the same
building or piece of land where the MRII were placed
5. MRII must tend to meet directly the needs of the
industry or work
The following are immovable property:
(4) Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the owner of
the immovable in such a manner that it reveals the intention to
attach them permanently to the tenements;
*It must be noted that these objects must be placed by their
owners permanently to the land or building even if such land or
building is not owned by him. The intent of the owner of the
objects must be looked upon so as to know that he wanted to
incorporate it permanently which would make these objects also
immovables.
79 80
Art. 415.
The following are immovable property:
(5) Machinery, receptacles, instruments or implements
intended by the owner of the tenement for an industry or
works which may be carried on in a building or on a piece of
land, and which tend directly to meet the needs of the said
industry or works;
*For these objects to become immovable, these must be
placed by the owner of the tenement or the property where
these objects would be attached and where the industry or
works would be carried. These objects must also be
essential to said industry or works.
81 82
INCLUDED
• MII delivered by the owner to the tenants for the
cultivation of the land
• Furniture of an inn and the furnishings and
machinery of a theater
• M may be installed by the agent of the owner
but not by the tenant, usufructuary or any other
person having only temporary right unless such
persons acted as an agent of the owner
83 84
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Example of the Unless Clause EXCLUDED

• The tenant can be considered an agent of the • Work animals
owner if the contract of lease provides that any
• Printing machinery placed by the tenant
machine installed by the tenant on the leased
premises shall belong to the owner upon the
expiration of the lease without compensation.
(Valdez v Central Altagracia, 225 US 58)

85 86

•TSAI vs CA MAKATI LEASING vs WEAREVER

TEXTILE

87 88

Art. 415.
The following are immovable property:
(6) Animal houses, pigeon-houses, beehives, fish ponds or However, these animals will be considered as
breeding places of similar nature, in case their owner has personal property under laws which so provide for
placed them or preserves them with the intention to have
them permanently attached to the land, and forming a them pursuant to the 2nd paragraph of Art. 416 –
permanent part of it; the animals in these places are referring to real property which by any special
included; provision of law is considered as personal
*The constructions mentioned must be intended by the property.
owner to be permanently a part of the land. The animals,
though can be transferred from place to place, are also
included. Ex. Fish in the fishponds = personal property for
89
purposes of theft under the RPC 90

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Art. 415.
The following are immovable property: DOCKS
(9) Docks and structures which, though floating, • Although they are floating, are expressly
are intended by their nature and object to remain recognized as immovables.
at a fixed place on a river, lake, or coast; • Include power barges that are moored in a
bay (FELS Energy Case)
*It can be inferred in the way they are
constructed that they are to stay in fixed place
and as a permanent fixture to their location.
91 92

FELS ENERGY INC. vs PCI LEASING CAPITAL WIRELESS INC. vs

PROVINCIAL TREASURER of
BATANGAS

93 94

Immovable by ANALOGY
•or those which are considered
immovable by operation of law because
it is regarded as united to the property
such as those mentioned in No. 10 of
Art. 415
•(exs. Usufruct, easement)
95
Art. 415.
The following are immovable property:
(10) Contracts for public works, and servitudes
and other real rights over immovable property.
*These are considered real property just
because the law said so. Real property itself,
produces real right or real right is always
regarded as real property.
96

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REAL PROPERTY
Go v. UCPB, 14 November 2004 •Includes all the RIGHTS, INTERESTS,
and BENEFITS related to the ownership
of REAL ESTATE (Sec. 3f, R.A. 9646,
2009 RESA Law)

97 98

Movable or Personal Property Movable or Personal Property

– Arts. 416-417 – Art. 416
The following are DEEMED to be PERSONAL PROPERTY:
Classes of personal property - Art. 418, NCC 1. Those movables susceptible of appropriation which are not
1. Possibility of being consumed included in the preceding article
2. Real property which by any special provision of law is
2. Intention of the parties considered as personalty
3. Forces of nature which are brought under control by
science; and
4. In general, all things which can be transported from place
to place without impairment of the real property to which
99 they are attached. 100

Movable or Personal Property TESTS TO DETERMINE IF

– Art. 417 PROPERTY IS MOVABLE
The following are also considered as PERSONAL PROPERTY:
1. Obligations* and actions** which have for their object
movables or demandable sums; and 1. TEST BY EXCLUSION
2. Shares of stock of agricultural, commercial and industrial
entities, although they may have real estate. 2. TEST BY DESCRIPTION
= *legal duty, however created, the violation of which may
become the basis of an action at law
=**proceeding in court which if completed will result in a
judgment
101 102

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TEST BY EXCLUSION TEST BY DESCRIPTION

-Determine if the property is included in - Property is considered personal if, by its

Art. 415 nature, it can be moved from place to
-If not one, then PERSONAL / place and can be removed from the real
MOVABLE property property without impairment of the real
property

103 104

CASES - MOVABLE PROPERTY

1. Laurel v. Abrogar, 13 January 2009

2. BPI v. Franco, 23 November 2007

106