PROPERTY LAW - STUDY GUIDE : ARTS: 414 – 425
I. ARTICLES 414 – 417
A. REAL AND PERSONAL PROPERTIES:
1.) Classify Immovable or Real Properties according to –
a.) NATURE
b.) INCORPORATION
c.) DESTINATION
d.) ANALOGY
State the specific paragraphs (1) –(10) in Art. 415 falling under the above classifications
2.) State the REQUISITES for properties which become real/immovable by Destination or
Purpose, such as follows:
a.) If property involved is for use or ornamentation placed on land or building;
b.) If the property involved is machinery, receptacles or instruments, implements used
to meet the industry or work carried on land or building;
c.) If the property involved is a house for animals, birds, bees or ponds for fish or those
of similar nature;
d.) Structures on water whether docked or floating;
3.) What are the 3 Tests to Determine whether a Property is Movable or Immovable?
4.) What are those considered as Personal Property?
B. Read the following cases and then Write in summary, (1-3 sentences), the Supreme
Court rulings: ARTICLES 415 – 417
1. Biscerra v. Teneza, L-16218, Nov. 29, 1962
2. Lopez v. Oroso Jr. et al L-10817-18, Feb. 28, 1958;
3. Evangelista v. Alto Surety, L-11139, April 23, 1958
4. Assoc. Inc. and Surety Co., Inc. v. Iya et al., L-10837-38, May 30, 1958
5. Tumalad v. Vivencio, G.R. No. L-30173 ,September 30, 1971
6. Board of Assessment Q.C. v. MERALCO 10 SCRA 68
7. Meralco Securities Industrial Corporation vs. Central Board of Assessment Appeals, 114
SCRA 260 , May 31, 1982
8. Caltex (Phil.) Inc. vs. Central Board of Assessment Appeals, 114 SCRA 296, 1982
9. Yap vs. Tanada, 163 SCRA 464, July 18, 1988
10. Leung Yee v. Strong Machinery Co., 37 Phil. Reports 644
11. Standard Oil v. Jaranillo 44 Phil. 631
12. Lavarro v. Labitoria, 54 Phil. 788
13. Sibal v. Valdez, 50 Phil. 512
14. Davao Sawmill Co., v. Castillo, 61 Phil.709
15. People´s Bank and Trust Co., v. Dahican Lumber Co., L-17500, May 16, 1967
16. Hilado v. Reg.of Deeds, 49 Phil.542
17. H Berkenkotter v. Cu Unjieng 61 Phil. 663
18. Ago v. C ourt of Appeals, et al., L-17898, Oct. 31, 1962
19. People´s Bank and Trust Co., v. Dahican Lumber Co., L-17500, May 16, 1967
20. U.S. v. Carlos, 21 Phil. 543
21. Burgos vs. Chief of Staff, 133 SCRA 800 (1984)
22. Involuntary Insolvency of Stochecker v. Ramirez, 44 Phil. 933
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II. ARTICLES 419 – 425
A. PUBLIC DOMINION PROPERTIES [ Arts. 419 – 420; 423 - 424 ]
1. What are the 2 classification of Properties according to Ownership?
2. What are the Public Dominion Properties which may be owned by the State?
3. What are the Public Dominion Properties which may be owned by the Local Govt. or political
subdivisions?
4. State the Characteristics of Properties of Public Dominion
5. If a private person or entity is able to have a portion of the beach or foreshore, included in the
transfer certificate of registration, will this now convert the said property into patrimonial or
private property of the land title owner?
o See: RP v. Lat Vda. De Castillo et al, GR 69002, June 30, 1988
6. A private estate adjoining a body of water (lake, river, stream, or sea, or pond, lagoon) is
inundated with water or flooded, and submerged for some time. If later the water receded
and the land is again uncovered and recovered, who will own the land – the original private
estate owner, or the State?
Study and compare the rulings of the SC in these cases:
a.) Govt. v. Cabangis, 53 Phil. 112 -
b.) Govt. v. Colegio de San Jose, 53 Phil. 423 -
7. A private estate owner constructed canal/s on his land and nearby residents are allowed use
thereof. Later, the landowner closed access to the canal by the public and converted it into a
fishpond. Complaint was filed to have the landowner open the canal and allow use and
access by the public. What is the ruling of the Supreme Court on this issue?
Study and compare the rulings of the SC in these cases:
a.) Santos v. Moreno, L-15829, Dec. 4, 1967 -
b.) Mercado v. Mun. Pres. of Macabebe, 59 Phil. 592 -
A.1. Read the following cases and then Write in summary (1-3 sentences), the Supreme
Court rulings:
1. Maneclang et al., v. IAC, G.R. 66575, Sept. 30, 1986
2. Chavez v. PEA, 415 SCRA 403, 2003
3. Hilario v. City of Manila, L-19570, April 27, 1967
4. Tufexis v. Olaguera, 32 Phil. 654
5. City of Manila v. Garcia, L-26053, Feb. 21, 1967 –
B. PATRIMONIAL PROPERTY or PROPERTY OF PRIVATE OWNERSHIP (Arts. 421 – 425)
1) What is a Patrimonial or Private property?
2) What are the 3 Kinds Patrimonial or Private Ownership Properties classified according to
ownership, or to whom it belongs?
3) Can public dominion properties be later converted, or withdrawn from public use and form
part of the patrimonial property of the State or the Local Government?
o Read and Write summary of SC rulings in the following cases:
1. Faustino Ignacio v. Dir. Of Lands, L-12958, May 30, 1960
2. Municipality of Oas v. Roa, 7 Phil. 20
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3. Cebu Oxygen and Acetylene Co., Inc. v. Bercilles, L-40474, Aug. 29, 1975
4. Municipality of Hinunang v. Director of Lands, 24 Phils. 125
5. Chavez v. NHA et al, G.R No. 164527, Aug. 15, 2007
6. Dacanay v. Asistio, Jr. 208 SCRA 404
7. Salas v. Jarencio, L-29788, Aug. 30, 1972
8. Harty v. Mun. of Victoria, 13 Phil. 152
4) Is property acquired by the Philippine government pursuant to the reparations agreement
between the Philippine and foreign government classified as property of Public Domain, or
Patrimonial property of the State?
a.) Can this property be disposed or alienated?
b.) Is there a legal process required before the same may be disposed, if at all?
c.) If so, who are the proper authorities allowed to dispose it?
o Laurel v. Garcia, G.R. No. 92013, July 25, 1990 (Read the dissent of Justice Feliciano)
5) Are the waterworks and sewerage systems owned by the provinces, cities and municipalities
properties of public domain or patrimonial properties?
a.) Can this property be taken and transferred to the State by law without compensation?
o City of Baguio v. NAWASA, G.R. No. L-12032, August 31, 1959 –
6) If a province is divided into two, should the new province created pay just compensation for
the properties transferred to the latter, such as the capital site, and capitol building, school
sites, hospital and school playgrounds? Explain - Why or Why Not?
o Province of Zamboanga del Norte v. City of Zamboanga, et al., L-24440, March 28, 1968
7) If a political subdivision or local govt. has an unpaid debt to a private person or entity, can the
latter levy against the properties of the Local Govt.?
a.) What are the limitations if any?
o Viuda de Tan Toco v. Mun. Council of Iloilo, 49 Phil. 52 -
o Mun. of Paoay, Ilocos Norte v. Manaois, et al., L-3485, June 30, 1950 -
