Civil Law and Land Titles and Deeds › Property, Ownership, and its Modifications › Classification of Property › According to Nature
b. Movable Property
Period for acquisition
- Movable
- 4 years of uninterrupted possession in good faith
- 8 years if without
- Immovable
- 10 years with good faith & just title
- 30 years if without
Rules When Movable Found is not Treasure:
- Must be returned to owner (Art. 719)
- If finder retains the thing found he may be charged with theft
- If owner is unknown, the movable must be deposited with the mayor; mayor shall announce publicly the finding of the movable for 2 weeks in a way he deems best (Art. 719)
- If owner does not appear 6 months from publication, the movable shall be awarded to the finder (Art. 719)
- If the owner appears in time, the owner must give the finder a reward equal to one-tenth of the value of the property or of the sum found. (Art. 720)
- If movable is perishable or cannot be kept without deterioration or without expenses, it shall be sold at public auction 8 days after the publication. (Art. 719)
Consumable things and Non-consumable things
A thing is consumable when it cannot be used in a manner appropriate to its nature without being consumed.(NCC, Art. 418)
On the other hand, a non-consumable thing is a movable thing which can be used in a manner appropriate to its nature without it being consumed. (NCC, Art. 418)
What are considered as Movable? (SIFTOS)
- Susceptible of appropriation that are not included in enumeration in immovables. (Art. 416 (1))
- Immovables that are designated as movables by special provision of law. (Art. 416 (2))
- Forces of nature brought under control by science. (Art. 416 (3))
- Things which can be transported w/o impairment of real property where they are fixed (Art. 416 (4))
- Obligations and actions which have for their object movables or demandable sums (Art. 417 (1))
- Shares of stock of agricultural, commercial & industrial entities although they may have real estate (Art. 417 (2))
What is an example of a movable Designated by Special Provision of Law?
Growing crops are considered immovable under Art. 415(2) but personal property under Chattel Mortgage Law (Sibal v. Valdez, GR No. L-26278, 1927)
House built on leased land may be treated as personal property and be the object of a chattel mortgage, insofar as the parties are concerned. (Navarro v. Pineda, GR No. L-18456, November 30, 1963)
What are examples of Forces of Nature? Electricity, gas, rays, heat, light, oxygen, atomic energy, water, power etc. Electricity, the same as gas, is an article bought and sold like other personal property and is capable of appropriation by another. (United States v. Carlos, GR No. 6295, 1911)
Authorities
- Chattel Mortgage Law
- Civil Code, Art. 416
- Civil Code, Art. 417
- Civil Code, Art. 418
- Civil Code, Sec. 415
- Navarro v. Pineda, G.R. No. L-18456, 30 November 1963
- Sibal v. Valdez, G.R. No. L-26278
- United States v. Carlos, G.R. No. 6295, 1 September 1911