The following things are deemed to be personal property:
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 personalty;
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. (Art. 416, CC)
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. (Art. 417, CC)
Classification of movable property
Movable property is either consumable or
non-consumable. 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. (Art. 418, CC)
As to their possibility
of being consumed by their use:
1. Consumables - those
which cannot be used in a manner appropriate to their nature without their
being consumed
2. Non-consumables
- those which can be used in a manner appropriate to their nature without
their being consumed
As to their possibility
of being substituted by others of the same kind and quality:
1. Fungibles - those
which can be substituted by others of the same kind and quality
2. Non-fungibles -
those which cannot be substituted by others of the same kind and quality
Test to determine whether an object is
movable or not
The tests which must be applied
successively are:
1. Whether the object can be transported
from place to place;
2. Whether the change of location can
take place without injury to the immovable to which it may be attached; and
3. Whether it is not included in the
enumeration found in Art. 415 of the Civil Code
If the answer to all above questions is
in the affirmative, then the object is movable.
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