Property

Atty. Ronic Treptor

Introduction
MODULE 1
Introduction
• What is Property?
• Property is defined as anything that is or can be appropriated. (See Art. 414)

• What does appropriation mean?

• To make one’s own
• To subject to ownership

• This simply means that anything that can be owned, or is already owned is
considered “property”. In this definition, it is clear that ownership (or the
possibility of ownership) is material to the concept of Property.

• Note that all property are things, but not all things are property.
Introduction
• Because ownership (or its acquisition) is material to the definition of what
a property is, what are the modes of acquiring ownership under our laws?
• PISTOL-D (Art. 712)

• Prescription - By prescription, one acquires ownership and other real rights through
the lapse of time in the manner and under the conditions laid down by law. (Art.
1106)
• Intellectual Creation – This simply means that if a composer makes a musical
composition, he will be the owner of that composition. (see Art. 721)
• Succession - Succession is a mode of acquisition by virtue of which the property,
rights and obligations to the extent of the value of the inheritance, of a person are
transmitted through his death to another or others either by his will or by operation
of law. (Art. 774)
Introduction
• Traditio (delivery) – This can be a mode of acquiring ownership if the delivery is
made in consequence of certain contracts. (see Art. 712)
• Occupation - Things appropriable by nature which are without an owner, such as
animals that are the object of hunting and fishing, hidden treasure and abandoned
movables, are acquired by occupation. (Art. 713)
• Law – This simply means that ownership can be acquired by provision of law. (Ex: Art.
438 – this provision governs ownership of hidden treasures.
• Donation - Donation is an act of liberality whereby a person disposes gratuitously of
a thing or right in favor of another, who accepts it. (Art. 725)

• Note that in this subject, we will cover Occupation and Donation. The other modes
will be covered by your other subjects.
Introduction
• Are all things considered property?
• No. Property is defined as anything that is or can be appropriated. If a thing is
not appropriated AND it cannot be appropriated, then it is not considered
property.

• Note that the term property is not limited to tangible or corporeal things,
under our law, intangible or incorporeal things may be property.
• Ex: ideas like a musical composition can be property.
Classification of Things
• Res nullius – belonging to no one (yet to be owned)
• Ex: wild animals
• Res communes – belonging to everyone (cannot be owned
individually)
• Ex: air, wind, sunlight
• Res alicujus – belonging to someone (already subjected to ownership)
• Ex: pen, book
Classification of Property (and why is it
important)
• Why is classification of property important?
• Classification of property is important because different rules will govern
different classifications of property. I have given examples of different laws
that will govern the different classifications of property for your better
understanding.
Classification of Property
• As to Mobility and Non-mobility
• Personal or movables
• Real or immovables
• Example of different rules: under the law on donation, different formalities are required
for personal property and real property.
• As to Ownership
• Properties of public dominion
• Properties of private dominion
• Example of different rules: under the law on prescription, properties of public dominion
cannot be acquired through prescription, while properties of private dominion can be
acquired through prescription.
Classification of Property
• As to Existence
• Present property
• Future property
• Example of different rules: under the law on donations, future property cannot be
donated.

• As to Alienability
• Within the commerce of man
• Outside the commerce of man
• Example of different rules: under the law on contracts, if the object of a contract is a
thing that is outside the commerce of man, then the contract will be void.
Classification of Property
• Materiality or Immateriality
• Tangible or corporeal
• Intangible or incorporeal
• Example of different rules: under the law on sales, tangible and intangible properties
require different modes of delivery to transfer ownership.

• Dependence or Importance
• Principal
• Accessory
• Example of different rules: under the law on accession, there is a general rule that states
that the accessory follows the principal. It is material to know which between two
attached properties is the principal and the accessory.
Classification of Property
• Capability of Substitution
• Fungible
• Non-fungible
• Example of different rules: under the law on usufruct, different rules will govern if the
object of the usufruct is fungible or non-fungible.

• Nature or Definiteness
• Generic
• Specific
• Example of different rules: under the law on obligations, loss of a generic thing will not
extinguish the obligation to deliver a generic thing. While loss of a specific thing
generally extinguishes the obligation to deliver that specific thing.
Classification of Property
• Whether in custody of the court
• Property in custodia legis
• Free property
• Example of different rules: under the rules of civil procedure, an action for replevin
(recovery of possession of personal property) cannot be used against properties in
custodia legis.