MOVABLE PROPERTY
CLASSES OF MOVABLE OR PERSONAL PROPERTY
1.
Property not included in Art. 415
2.
Real property considered personal property by
special provision of law
3.
Forces of nature – ex.: electricity, gas, heat
4.
In general, all movable things
§
Three test in determining whether a particular
object is movable property or not:
(a)
Whether the property can be transported or
carried from place to place
(b)
Whether such change of location can be made
without injuring the immovable to which the object may be attached
(c)
Whether the object does not fall within any of
the 10 cases enumerated in Art. 415
5.
Obligations and actions
§
Includes the infinite variety of contracts,
promises or obligation which confer on one party the right to recover movable
property or a sum of money from another by action
§
“Demandable sums’’ mean that the amounts are
liquidated or determined. Both obligations and actions must be legally
demandable or enforceable.
6.
Shares of stocks
§
The term “entities’’ mentioned in Article 417(2)
should be deemed to include all juridical persons, even partnerships although
they do not issue shares of stocks.
§
The word “stock’’ means “participation’’ or
“interest.’’
7.
Other incorporeal personal property – ex.:
copyrights, patents, trademarks
·
IN WWC v.
People, the court held that since PLDT encodes, augments, enhances, decodes
and transmits telephone calls using its complex communications infrastructure
and facilities, the use of these communications facilities without its consent
constitutes theft, which is the unlawful taking of telephone services and
business. We then concluded that the business of providing telecommunications
and telephone services is personal property under Article 308 of the Revised
Penal Code.
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