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Movable Property

PERSONAL PROPERTY

As previously mentioned in this post, property in the Philippines is classified by law also as personal property. To also distinguish a personal from real property, this test can be employed whether it is personal:

  1. By description if the object can be moved one place to another and this will not cause injury to the immovable to which it may be attached;
  1. By exclusion, if it is not included in the enumeration found in Art. 415 of the Civil Code of the Philippines.
  1. By provision of the law, if real property is considered as personalty by special provision of the law

What are personal properties according to the law?

Art. 416. The following things are deemed to be personal property:

(1) Those movables susceptible of appropriation which are not included in the preceding article;

*By appropriability it means that it can be capable of being possessed by men. Therefore all other things which are not falling under Art. 415 are considered as personal property.


 

(2) Real property which by any special provision of law is considered as personal property;

*There are properties which by nature are real properties. However, special laws and judicial decisions may define them in another manner. These will be controlling and will therefore adopt the status of being a personal property instead.


 

(3) Forces of nature which are brought under control by science; and

*These forces of nature may be for example, electricity, gas, heat, light, oxygen and so forth which, if controlled by man and became subject of appropriation, will become personal properties.


 

(4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a)

*By nature these things which can be transported from place to place without causing impairment to where they are previously attached is movable.


 

Art. 417. The following are also considered as personal property:

(1) Obligations and actions which have for their object movables or demandable sums; and

*This provision contemplate various contracts which have for their object movable properties or demandable sums or those amounts which are liquidated or determined. Being so, the subject matter being movable, it makes the right created therein as likewise personal right.


 

(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (336a)

*This provision includes all juridical entities although they do not issue shares of stock which may mean participation or interest in a business. This also recognizes that although real estate are involved, the law still considers them personal property.

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What are the other classification of personal property?

Art. 418 has further classified movables based on its capability to being used repeatedly. It can further be classified accordingly:

  1. By nature or as to their likelihood of being consumed when it is used according to their nature as mentioned in Art. 418 of the New Civil Code:

 Art. 418. Movable property is either consumable or nonconsumable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others. (337).


  1. By intention or as to their possibility of being substituted by another property having the same kind or quality can be either be fungible or being replaceable by an equal quality and quantity, either by the nature of the substitute or by agreement of the parties. It is also non-fungibles, in opposite, are irreplaceable because identical objects must be returned.

References:

De Leon, H., & De Leon, J. H. (2011). Comments and Cases on Property. Quezon City: Rex Printing Company, Inc.

Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.

The New Civil Code of the Philippines

 

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