Intro to Public and Private Laws PDF

**COLLEGE OF ENGINEERING** **Bayombong Campus** **DEGREE PROGRAM** **BSGE** **COURSE NO.** **GEO 3** -------------------- ---------- ------------------ --------------------------------------------- ------------...

**COLLEGE OF ENGINEERING** **Bayombong Campus** **DEGREE PROGRAM** **BSGE** **COURSE NO.** **GEO 3** -------------------- ---------- ------------------ --------------------------------------------- ------------ ----------- ------------ ------- **SPECIALIZATION** **COURSE TITLE** **INTRODUCTION TO PUBLIC AND PRIVATE LAWS** **YEAR LEVEL** **2** **TIME FRAME** **6HRS** **WK NO.** **10-12** **IM NO.** **3** I. **UNIT TITLE/CHAPTER TITLE** II\. **LESSON TITLE** **3.1Alienable and Disposable Lands and Private** **3.2 Ownership of Private Land and Evidence of Ownership (Land Titles and Deeds)** **3.3Civil Code Provisions pertaining to Private Property Ownership** **III. LESSON OVERVIEW** The social and political context in which private property is administered will determine the extent to which an owner will be able to exercise rights over the same. The rights to private property often come with limitations. Local government may enforce rules about what kind of building may be built on private land (building code), or whether a historical building may be demolished or not. Theft is common in many societies, and the extent to which central administration will pursue property crime varies enormously. II. **DESIRED LEARNING OUTCOMES** 1\. Discuss the nature of alienable and disposable lands 2\. Explain the evidences in acquiring ownership of lands 3\. Provide an overview on the civil code of the Philippines pertaining to property ownership III. **LESSON CONTENT** **CHAPTER 3** **PUBLIC,PRIVATE PROPERTY/PRIVATE LANDS** **INTRODUCTION** **Private property** promotes efficiency by giving the owner of resources an incentive to maximize its value. The more valuable a resource, the more trading power it provides the owner of the resource. This is because, in a capitalist system, someone who owns property is entitled to any value associated with the property. **Private property** is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from collective or cooperative property, which is owned by a group of non-governmental entities. The distinction between private and personal property varies depending on political philosophy, with socialist perspectives making a hard distinction between the two, while others blend the two together. As a legal concept, private property is defined and enforced by a country\'s political system. **History** Ideas about and discussion of private property date back at least as far as Plato. Prior to the 18th century, English speakers generally used the word \"property\" in reference to land ownership. In England, \"property\" came to have a legal definition in the 17th century. Private property defined as property owned by commercial entities was invented\[by whom? with the emergence of the great European trading companies of the 17th century. The issue of the enclosure of agricultural land in England, especially as debated in the 17th and 18th centuries, accompanied efforts in philosophy and political thought---by Thomas Hobbes (1588--1679), James Harrington (1611--1677) and John Locke (1632--1704), for example---to address the phenomenon of property ownership Influenced by the rise of mercantilism, Locke argued that private property was antecedent to and thus independent of government. Locke distinguished between \"common property\", by which he meant common land, and property in consumer goods and producer-goods. His chief argument for property in land ownership was that it led to improved land management and cultivation over common land. In the 19th century, the economist and philosopher Karl Marx (1818--1883) provided an influential analysis of the development and history of property formations and their relationship to the technical productive forces of a given period. Marx\'s conception of private property has proven influential for many subsequent economic theories and for communist, socialist and anarchist, political movements, and led to the widespread association of private property - particularly private property in the means of production - with capitalism. **Legal and real world aspects** **Some forms of private property are uniquely identifiable, and may be described in a title or a certificate of ownership**. The rights to a property may be transferred from one \"owner\" to another. A transfer tax is a tax on the passing of title to property from one person (or entity) to another. An owner may request that, after death, private property be transferred to family members, through inheritance. Socialist economists are critical of private property as socialism aims to substitute private property in the means of production for social ownership or public property. Socialists generally argue that private property relations limit the potential of the productive forces in the economy when productive activity becomes a collective activity, where the role of the capitalist becomes redundant (as a passive owner). Socialists generally favor social ownership either to eliminate the class distinctions between owners and workers and as a component of the development of a post-capitalist economic system. **Gate with a private property sign** **Criticism** **Public property** is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a state). This is in contrast to private property, owned by an individual person or artificial entities that represent the financial interests of persons, such as corporations. State ownership, also called public ownership, government ownership or state property, are property interests that are vested in the state, rather than an individual or communities. **Differences from private property** **Provided, That said lands**, A **land patent is known in law as \"letters patent\",** and usually issues to the original grantee and to their heirs and assigns forever. The patent stands as supreme title to the land because it attests that all evidence of title existent before its issue date was reviewed by the sovereign authority under which it was sealed and was so sealed as irrefutable; thus, at law the land patent itself so becomes the title to the land defined within its four corners. In practice, **the \"irrefutability\"** of counter-claims is relative; however, once a patent is granted permanence of title is established. **SOCIAL CONCEPT OF PROPERTY OWNERSHIP** (Obligation of the Owner). Pertinent provisions related to this concept are: 1\. The State shall promote social justice to ensure the dignity, welfare and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits. 2\. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others. **STEWARDSHIP CONCEPT OF OWNERSHIP**. A legal document which holds that a property ownership presupposes concomitant obligations to the State and the community, and that property is supposed to be held by the individual only as trustee by people in general. As mere trustee, the property owner must exercise his rights to the property not just for his own exclusive and selfish interest but for the good and general welfare of the nation as a whole. It carries the following features and characteristics: 1\. Ownership carries with it a distinct social obligation. As stewards of their lands, the owners are bound to use or utilize their properties in a manner that will promote not only their welfare and benefit but also those of the State. 2\. Every citizen retains the right of private ownership. However, when his landholdings exceed the requirements for his essential necessities or its utilization is not conducive to the general welfare, the State may exercise its authority to control or regulate such right. 3\. The right of the citizen to own land continues to be guaranteed by the New Constitution. The guarantee extends to the exercise of the so-called "Bundle of Rights" or attributes which are inherent in ownership, subject only to the limitations or restrictions imposed by law or government regulations. **PROPERTY OWNERSHIP** is based on various doctrines and concepts that shape our understanding of this aspect in real estate. A "doctrine" is a principle or the principles in a system of belief (from the Latin word "docere" meaning "to teach"). On the other hand, "OWNERSHIP" is the independent right of a person to the exclusive enjoyment and control of a property, including its disposition and recovery, subject only to the restrictions established by law and rights of others. Ownership may be exercised over things or rights (Article 427, CCP). Ownership of property includes the following: Surface, Subsurface and Air Rights; Right to Hidden Treasure and Right of Accession. **Pertinent provisions in the Philippine Constitution embodied therein are**: 1\. No person shall be deprived of life, liberty or property without due process of law nor shall any person be denied the equal protection of laws." (Section 1, Article III -- Bill of Rights) 2\. "Private property shall not be taken for public use without just compensation." (Section 9, Article III -- Bill of Rights) **The Title And Ownership** Title is the legal way of saying you own a right to something.For real estate purposes, title refers to Ownership of the property, meaning that you have the rights to use that property.title also means that you can transfer or portion that you can transfer that interest or portion that you own to others. And when you have ownership then you have only ownership and when you have title then you have ownership as well as title. Title can transfer person to person. **Lawful Owne**r-Entity that has an enforceable case or title to an advantage or property, and is perceived in that capacity by law. For instance, a bank is the legitimate proprietor of a property (sold as a security for instalment of a credit) by a borrower who is its lawful holder and holds just the privilege of recovery. This idea has been talked about by the majority of the essayists before that of ownership. In any case, it isn\'t the correct technique. The possibility of ownership started things out in the psyches of individuals and it was later on that the possibility of proprietorship appeared. Proprietorship is a complex juristic idea which has its cause in the Ancient Roman Law. In Roman law proprietorship and ownership were separately named as dominium and possession. The term dominium indicates supreme appropriate to a thing while ownership suggested just physical command over it. They gave more significance to proprietorship in light of the fact that as they would see it is progressively imperative to have total directly over a thing than to have physical power over it. In English law the idea of proprietorship grew a lot later than ownership. The prior law offered significance to ownership on the misguided judgment that ownership incorporates inside its proprietorship too. Holds worth saw that the English law acknowledged the idea of proprietorship as a flat out directly through progressive the slow improvement in the law of ownership. The idea of possession comprises of various cases, for example, freedom, power and invulnerability with respect to the thing claimed. Proprietorship is therefore a whole of ownership, mien and demolition which incorporates the privilege to appreciate property by the proprietor. The proprietor needs to one next to the other comply with the principles and guideline of the nation. **Title** According to Salmond, title is the fifth element of a legal right. He said Every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in its owner. Holland does not include title as an element of legal right. A tendency is noticed towards the identification of title with right. Austin also does not approve of the use of title for right. His contention is that, title is not the right itself but merely an element of right. Legal rights are created by title. A person has right to a thing because he has a title to that thing. Title means any fact which creates a right or duty. According to Salmond. The title is the de facto antecedent of which the right is the de jure consequent. Title is the root from which rights proceed. Classification of Titles: According to Salmond: 1. Vestitive facts are those which have relation to right. They relate to the creation, extinction and transfer of rights. 2. · Investitive facts create them and · divestitive facts destroy them. 3. The main features of Vestitive facts are that they create either a right or extinguish it or transfer it from one person to another. 4. The Vestitive facts are classified into two parts investitive facts or titles and divestitive facts Titles are also called investitive facts or facts as a result of which a right comes to be vested on its owner. Investitive facts or titles are further divided into original titles and derivative titles. 5\. Original title - A right may be created de novo and it may have no previous existence. Such a right is called an original title. Derivative title - If a right is created by the transfer of an existing right, it is called a derivative title. 6\. Divestitive facts are divided into alienative facts and extinctive facts 7\. Extinctive divestitive facts- The facts of which the legal result is to destroy rights are called extinctive divestitive facts. Alienative derivative facts-The facts of which the legal result is to transfer right from the owner are called alienative derivative facts. 8\. It is to be noted that in the case of a transfer of right, the same facts are derivative investitive facts and alienative divestitive facts. Bentham: 1. Dipositive facts can be divided into three parts " investitive facts, divestitive facts and translative facts. 2\. Translative facts refer to transferring of rights and duties. 3\. Investitive facts are divided into two parts " collative and impositive facts. · Collative facts- confer rights and · Impositive facts- impose duties. 4.Divestitive facts are subdivided into " destructive and exonerative facts. · Destructive divestitive facts ends rights and · Exonerative divestitive facts release a person from duties. Act In The Law 1. Acts in the law are really the acts of parties performed voluntarily. These facts create, transfer and extinguish rights. They express the will of the parties. 2\. Acts in law are of two kinds " unilateral and bilateral. 3\. Unilateral acts are those in which the will of only one party is effective or operative. The transaction is perfectly valid even without the consent of the parties who are going to be affected. E.g. Avoidance of voidable contract 4\. Bilateral acts require the consenting will of two or more distinct persons or parties. E.g. Contract. 5\. It is to be observed that the same act in law may be unilateral with regard to some parties and bilateral with regard to others. Kinds of Agreements 1. There are three kinds of agreements broadly. Some of them create rights, some transfer and some extinguish them 2\. Create rights: Contracts " legal tie of a personal right and binds the parties · Two kinds Grants " rights other than contractual rights are created. · According to Salmond, contracts are bilateral but there are some unilateral contracts as well. Contracts are unilateral when a promise is made by one party and accepted by the other. 3\. Transfer rights - Agreements which transfer rights are called assignments. 4\. Extinguish rights â€" Agreements which extinguish rights are known as releases. Validity Of Agreements: 1\. Salmond points out many defects which makes agreements invalid. The first is capacity of parties. 2\. Certain legal formalities have to be fulfilled and if they are not fulfilled the agreement becomes invalid. 3\. Agreements against morality or public policy. 4\. Error or mistake in agreement. 5\. Agreement without due consent of parties is invalid. Lack of consideration makes agreement Conclusion \*Ownership We may in conclusion say that: 1\. Ownership is a right which comprise of powers, claims, privileges etc. 2\. Ownership is in respect of a thing may be corporeal or incorporeal 3\. The right relating to or connection with ownership are subject to the state regulation i.e. can be limited or restricted by law 4. Owner is he who is entitled to the residue of rights with respect to an object left after the limitation resulting from the voluntary acts of the owner or those imposed by law are exhausted 5\. Ownership does not imply or indicate absolute or unlimited rights either use, disposal or duration. **Difference Between Ownership And Title** One of the popular misconceptions that I run into when I train people, is the belief that the assignment from a parent application does not need to be filed against its child continuation or divisional applications. The problem here is that there is a disconnect between the words owner and title. The word owner refers to a legal right of possession and the word title refers to the instrument that constitutes the evidence of such legal right, which is located in the ownership registry of the applicable jurisdiction in which the patent is registered. In the US, the title to a patent application is at first held by the innovator; in any case, the underlying proprietor of that application might be either the creator or the element to which the designer has a lawful commitment to exchange or relegate their rights. On the off chance that the creator is utilized, and the innovator has a legitimate commitment to exchange the responsibility for development to the business, the business would then be the genuine proprietor of the development. Regularly, the possession exchange will likewise be affirmed by a task from the innovator to their boss, which is then recorded against that underlying patent application. Much of the time, when a continuation or divisional application is documented sometime in the future, that kid application will likewise be claimed by the business, yet the title to that kid application does not change until the task is recorded at the patent office. For what reason is it essential to keep the chain of title clear? Cash, obviously. Protected innovation is property that can be entirely significant. On the off chance that an organization that claims IP needs to get an advance however a bank, the IP could be utilized as the insurance for the credit. One of the due persistence steps taken by (or in the interest of) banks when they are thinking about giving an advance is to confirm that the guarantee is really claimed by the substance who is requesting the cash. The most straightforward method for demonstrating that is by means of a title look in the appropriate library. The bank needs to check that the \"chain of title\" is clear and detectable back to the creator, with no breaks in the chain. Consider it along these lines, when you purchase a house it will typically be financed by means of a bank. The bank will loan you the cash and the house is utilized as security. Yet, before the bank will give you an advance, they need a title pursuit to check that the element who is selling the property has a legitimate ideal to offer it, and that there are no encumbrances that are obscure. Banks ordinarily treat \"Scholarly\" property equivalent to \"Genuine\" property. Banks require the title to every property be spotless provided that the organization defaults on the credit and the bank needs to assume control over the responsibility for IP " typically to exchange it " it is a lot simpler over the long haul if the possession can be completely followed through the title history. An ensuing purchaser will typically need verification that the IP is lawfully held by the bank before they get it. So why record the assignments at filing when it can be recorded at a later date? To cut costs? After all not legally required. Well, unless the client is filing purely for posterity sake, recording the assignments up front IS cutting costs and saving them from unwarranted expenses. It will be much more expensive to trace and fix assignments than to simply record them up front. Time is money in our industry. Being more cost-effective with your time while saving your client money means filing the assignment concurrently the application. **What is a land title?** A land title is the evidence of the right of the owner or the extent of his/her interest, and by which means he/she can maintain control and as a rule assert right to exclusive possession and enjoyment of the property. **Is a land title different from a deed**? Yes, a deed refers to a written document executed in accordance with law, wherein a person grants or conveys to another a certain land? **How do I know if the land title is real and clean**? Firstly, and most obviously, one must check the quality of the paper used. The forms used in property titles are exclusively printed by the Bangko Sentral ng Pilipinas. The judicial form uses a type of paper which contains various security features, with the paper made out of 50% cotton and 50% chemical wood pulp with colored fibers. The paper has a similar texture to a bank check. Fake title forms typically use material similar to cartolina or paper of inferior quality. **How can one acquire a land title?** The easiest way is through the sale and by executing a document called a Deed of Sale, which shows the legal transfer of title from the name of the seller to the buyer. The Deed of Sale is then taken to the Registry of Deed to be officially recorded. This type of title is also called Transfer Certificate of Title. Land registration is the process wherein the state provides a public record of the land title itself upon which a prospective purchaser or someone else interested may rely on. Basic requirements for registration 1.Original of the deed/instrument. If the original document cannot be presented, the duplicate original certified true copy shall be presented together with a sworn affidavit executed by the interested party stating why the original document cannot be submitted. 2.Certified copy of the latest Tax Declaration of the property. 3.If titled property, owner's copy of the certificate of title, and all issued co-owner's copy, if any. **Can land titling be done online?** Yes! With its agency-wide computerization program now in place, the Land Registration Authority (LRA) has significantly shortened its land titling process to just five easy steps which can be taken in a single visit to any register of deeds (RD) office anywhere in the country. The agency has streamlined the processing and issuance of land titles. Here are the simple steps in applying for a title to a property: Submit the conveyance instrument and all supporting documents to the entry clerk at the RD. The applicant will receive an electronic primary entry book (EPEB) number, to confirm receipt of the conveyance instrument and supporting documents. Pay the corresponding fees. The documents will be turned over the examiner who will check if all the requirements have been met, after which the information would be encoded. If the requirements are complete, the RD approves the applicant. A new land title will finally be printed and issued to the applicant. All things considered, though, it is important that one consults a professional when fixing the legal proceedings of one's properties. Better to be safe than sorry, of course when it comes to serious matters like this that could mean saving yourself from a boat-load of hassle in the future! **application of prescription concerning properties of public dominion and patrimonial property** 1.Public dominion cannot be acquired by prescription, even by city or municipality 2.Patrimonial property of the State may be the subject of acquisition through prescription 3.Public lands become patrimonial property upon express government manifestation that the property is already patrimonial and declaration that these are already alienable and disposable. 4.And only when the property has become patrimonial can the prescriptive period for the acquisition Of property of the public domain begin to run **PRESIDENTIAL DECREE No. 1529** **AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER PURPOSES** **WHEREAS**, there is a need to update the Land Registration Act and to codify the various laws relative to registration of property, in order to facilitate effective implementation of said laws; **WHEREAS,** to strengthen the Torrens system, it is deemed necessary to adopt safeguards to prevent anomalous titling of real property, and to streamline and simplify registration proceedings and the issuance of certificates of title; **WHEREAS,** the decrees promulgated relative to the registration of certificates of land transfer and emancipation patents issued pursuant to Presidential Decree No. 27 to hasten the implementation of the land reform program of the country form an integral part of the property registration laws; **CHAPTER I** **GENERAL PROVISIONS** **Section 1**. Title of Decree. This Decree shall be known as the PROPERTY REGISTRATION DECREE. **Sec. 2.** Nature of registration proceedings; jurisdiction of courts. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system. Courts of First Instance shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. The court through its clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings, exhibits, orders, and decisions filed or issued in applications or petitions for land registration, with the exception of stenographic notes, within five days from the filing or issuance thereof. **Sec. 3.** Status of other pre-existing land registration system. The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands. Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree, until the land shall have been brought under the operation of the Torrens system. The books of registration for unregistered lands provided under Section 194 of the Revised Administrative Code, as amended by Act No. 3344, shall continue to remain in force; provided, that all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this Decree. **Title (property)** **In property law**, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, typically evidence of title is established through title reports written up by title insurance companies, which show the history of title (property abstract and chain of title) as determined by the recorded public record deeds: 1\. the title report will also show applicable encumbrances such as easements, liens, or covenants. 2\. In exchange for insurance premiums, the title insurance company conducts a title search through public records and provides assurance of good title, reimbursing the insured if a dispute over the title arises. **The main rights in the title bundle are usually:** ▪ Exclusive possession ▪ Exclusive use and enclosure ▪ Acquisition ▪ Conveyance, including by bequest ▪ Access easement ▪ Hypothecation ▪ Partition ▪ Water rights, including riparian rights and runoff rights ▪ Mineral rights ▪ Easement to neighboring property, for utility lines, etc. ▪ Tenancy or tenure in improvements ▪ Timber rights ▪ Farming rights ▪ Grazing rights ▪ Hunting rights ▪ Air rights ▪ Development rights to erect improvements under various restrictions ▪ Appearance rights, often subjected to local zoning ordinances and deed restrictions **Possession** is the actual holding of a thing, whether or not one has any right to do so. The right of possession is the legitimacy of possession (with or without actual possession), the evidence for which is such that the law will uphold it unless a better claim is proven. The right of property is that right which, if all relevant facts were known (and allowed), would defeat all other claims. Each of these may be in a different person. For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been an heirloom of D\'s family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s). **Common law equitable title** is the right to obtain full ownership of property, where another maintains legal title to the property. When a contract for the sale of land is executed, equitable \[interest/title\] passes to the buyer. When the conditions on the sale contract have been met, legal title passes to the buyer in what is known as closing. Some companies, such as Econohomes/Visio Financial, use this term to describe a \"trailing deed\".\[citation needed\] This is not the case.\[citation needed\] Properties that are sold on the basis of equitable title have a legal chain of title intact, and a recorded transfer with the local municipality. **Legal title** is actual ownership of the property as when the property has been bought, the seller paid in full and a deed or title is properly recorded. Equitable title separates from legal title upon the death of the legal title holder (owner). For example: When a person having legal title to property dies, heirs at law or beneficiaries per the last will, automatically receive equitable interest in the property. When an executor or administrator qualifies, that person acquires legal title, subject to divestment when the estate has been administered so as to allow for the lawful passing of the legal title to those having an equitable interest. The resulting merger of the legal and equitable gives rise to \"perfect title,\" often referred to as marketable title. Legal and equitable title also arises in trust. In a trust, one person may own the legal title, such as the trustees. Another may own the equitable title such as the beneficiary. **Paramount title** is the best title in Fee simple available for the true owner. The person who is owner of real property with paramount title has the higher (or better, or \"superior\") right in an action to Quiet title. The concept is inherently a relative one. Technically, paramount title is not always the best (or highest) title, since it is necessarily based on some other person\'s title. Art. 414. All things which are or may be the object of appropriation are considered either: \(1) Immovable or real property; or \(2) Movable or personal property. (333) **IMMOVABLE PROPERTY** Art. 415. The following are immovable property: \(1) Land, buildings, roads and constructions of all kinds adhered to the soil; \(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; \(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; \(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; \(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; \(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; \(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; \(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a) \(1) Those movables susceptible of appropriation which are not included in the preceding article; \(2) Real property which by any special provision of law is considered as personal property; \(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 they are fixed. (335a) Art. 417. The following are also considered as personal property: \(1) Obligations and actions which have for their object movables or demandable sums; and \(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate **CHAPTER 3** **PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS** Art. 419. Property is either of public dominion or of private ownership. (338) Art. 420. The following things are property of public dominion: \(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; \(2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (339a) Art. 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. (341a) Art. 423. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. (343) Art. 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws. (344a) Art. 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. (345a) Art. 426. Whenever by provision of the law, or an individual declaration, the expression \"immovable things or property,\" or \"movable things or property,\" is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2. Whenever the word \"muebles,\" or \"furniture,\" is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. (346a) Art. 427. Ownership may be exercised over things or rights. Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (355a) Art. 444. Only such as are manifest or born are considered as natural or industrial fruits. Art. 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. (358) Art. 450. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. (363a) Art. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. (n) Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. (n) Art. 453. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. Art. 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. (n) Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. (365a) Art. 456. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. (n) Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. (336) Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods. (367) Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. (368a) Art. 460. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. (369a) Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. (370a) Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. (372a) Art. 464. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. (371a) Art. 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. (373a) If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages. IV. **LEARNING ACTIVITIES** Activity no. 1 Research The full context of the civil code of the Philippines pertaining to property RA No.386. Activity No. 2 For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been an heirloom of D\'s family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s). How may one claim his possession and what is his right in the property? Activity No. 3 Case study: A parcel of sandy land located \[in\] Paringao, Bauang, La Union, bounded on the North by Emiliana Estepa, on the South by Carlos Calica and Girl Scout\[s\] Camp and on the West by China Sea, containing an area of 1,514 square meters more or less, with an assessed value \[of\] P130.00.\] Finding that the Deed of Partition with Absolute Sale executed by the heirs of Trinidad included the Subject Property, the heirs of Espinas filed a Complaint for Recovery of Ownership, Possession and Damages to protect their interests (Civil Case No. 1301-Bg). The heirs of Espinas also sought a Temporary Restraining Order to enjoin the Writ of Partial Execution of the Decision in Civil Case No. 881, a Forcible Entry complaint filed by the heirs of Trinidad against them. In the Complaint for Recovery of Ownership, Possession and Damages, Dumo, one of the defendants therein, filed a Motion to Dismiss based on res judicata. Dumo argued that Espinas had already applied for the registration of the Subject Property and that such application had been dismissed. The dismissal of the land registration application of Espinas was affirmed by the CA, and attained finality on 5 December 1980. The Motion to Dismiss filed by Dumo was denied by the RTC, which held that the land registration case cannot operate as a bar to the Complaint for Recovery of Ownership, Possession and Damages because the decision in the land registration case did not definitively and conclusively adjudicate the ownership of the Subject Property in favor of any of the parties.The heirs of Trinidad thereafter filed their collective Answer. Where they denied the material allegations in the complaint.? V. **EVALUATION** VI. ASSIGNMENT 1\. Is private property a good thing? 2\. Who were against private property? 3\. Is private property a natural right? 4\. What is an example of public property? 5\. What is the importance of public property? 6\. What may be classified as alienable lands of the public domain? 7\. How much in percent is the Philippine land area classified as alienable and disposable land? 8; What is inalienable land? 9\. How long before you can claim ownership of land Philippines? 10\. What is the problem with land ownership in the Philippines? 11\. How do I prove ownership of land? 12\. How does a landowner demonstrate his or her ownership of that land? VII. REFERENCES 1\. https//www.studo.com.BS Geodetic Engineering Introduction to laws on Public and private laws 2\. https//www, science direct.com Private land an overview 3\. [www.nap](http://www.nap) edu.com. Public and private land an overview 4.www. legal dictionay.com. Legal definitions