7 reasons why property movability is important
The movability or immovability of property as determined by the law on property is important. The reason is different provisions of law treat movables and immovables differently. There are rules only applicable to real property and others, only to personal property. This is especially true in the following areas of law:
[1] Criminal Law
[a] Usurpation of property can take place only with respect to real property.
[b] Robbery and theft can be committed only against personal property.
[2] Obligation and Contracts
[a] Subject matter of specific contracts: [aa] Only real property can be the subject of real mortgage and [ab] Only personal property can be the subject of voluntary deposit, pledge and chattel mortgage.
[b] Donations of real property are required to be in a public instrument but a donation of a movable may be made orally or in writing.
[3] Acquisitive Prescription
[a] Real property can be acquired by prescription in 30 years (if bad faith) and 10 years (if good faith).
[b] Movables can be acquired by prescription in 8 years (if bad faith) and 4 years (if good faith)
[4] Actions to Recover Possession
[a] Possession of real property is recovered through accion reivindicatoria, accion publiciana, forcible entry and unlawful detainer.
[b] Possession of movable property is recovered through replevin.[5] Venue of Actions
[a] Real actions are those concerning real property are commenced in the court which has jurisdiction over the area where the real property is situated. (Rule 4, Sec. 1)
[b] Personal actions, i.e. those other than real actions, shall be commenced where the plaintiff or any of the principal plaintiffs, or where the defendant or any of the principal defendants resides, or if a non-resident defendant, where he may be found, at the election of the plaintiff. (Rule 4 Sec. 2)
[6] Conflict of Laws
[a] Immovables are governed by the law of the country where they are located. This is known as lex situs or lex rei sitae.
[b] Movables are governed by the personal laws of the owner (which in some cases is the law of his nationality and in other cases, the law of his domicile). Other textbooks discuss this under the heading "movables follow the owner" or "mobilia sequuntur personam."
[7] Effect on Third Persons
[a] In transactions involving real property, they must be recorded in the Registry of Property to affect third persons.
[b] In transactions involving personal property, registration is not required, except for chattel mortgages