Professional Documents
Culture Documents
Classification (according to mobility): 1. Immovable real property 2. Movable personal property Requisites: 1. Utility 2. Individuality/Substantivity 3. Susceptibility of appropriation Real Rights 1. no passive subject claim against whole world 2. object is corporeal thing (obligation) 3. creates juridical relations through mode & title 4. extinguished through loss or destruction of thing e.g. Registration Real rights arises from (OPLUMEPARP) 1. Ownership 6) Easement 2. Possession 7) Pledge 3. Lease 8) Antichresis 4. Usufruct 9) Redemption 5. Mortgage 10) Preemption Personal Rights 1. Passive and active subject 2. Object is an intangible thing (specific thing) 3. Creates juridical relations through title 4. Not extinguished through loss or destruction of thing E.g. Action to recover sum of money or debt Immovable property 1. By nature cannot be moved from place to place because of their nature a) land, buildings & all kinds of constructions adhered to soil b) mine, quarries 2. By incorporation essentially movables but attached to an immovable that it becomes an integral part of it a) trees, plants & growing fruits adhered to soil b) everything attached to an immovable that it will break if separated c) statues, paintings if intended by owner to be integral part of immovable d) animal houses if intended by owner to become permanently attached to immovable 3. By destination movables but purpose is to partake of an integral part of an immovable
Title II OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL Definitions of Ownership
Independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. Power of a person over a thing for purposes recognized by law & within the limits established by law Attributes:
1. Jus possidendi right to possess 2. Jus utendi right to enjoy 3. Jus fruendi right to fruits 4. Jus abutendi right to use and abuse 5. Jus disponendi right to dispose 6. Jus vindicandi right to exclude others from possession of the thing Actions for possession: 1. movable replevin (return of a movable) 2. immovable a) forcible entry used by person deprived of possession through violence, intimidation (physical possession, 1 year unlawful deprivation) b) unlawful detainer used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation) c) accion publiciana plenary action to recover possession d) accion reinvindicatoria recovery of dominion of property as owner 7. Principle of self help self defense Elements: a) Person exercising rights is owner or lawful possessor b) There is actual or threatened unlawful physical invasion of his property c) Use force as may be reasonably necessary to repel or prevent it Available only when possession has not yet been lost, if already lost resort to judicial process May be exercised by 3rd person negotiorum gestio 3
presumption is owner made them at his expense Exception: contrary is proven Right of owner of material 1. Right to be indemnified or paid of value of property by owner of land 2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid 3. Right to damages and demolition even if with injury to work if owner of land is in bad faith
OWNER & BUILDER BOTH IN GOOD FAITH 1. Appropriate as his own after paying for indemnity 2. Oblige the planter, builder to pay for price of land or rent, except when value of lands is greater than thing built convert to rent Right of Builder in good faith before payment of indemnity of owner in good faith 1. Right to retain land & building 2. Right not to be compelled to pay for rent 3. Right of retention ceases when obliged to pay for value of and if he fails to do so Right of owner in good faith when builder is in bad faith 1. Right to appropriate what has been built w/o paying indemnity 2. Order demolition of building 3. Compel the builder to pay for price of land or rent 4. Right to damages Right of builder in bad faith when owner is in good faith Right to be reimbursed for necessary expenses for preservation of land Right of Builder in good faith when owner is in bad faith 1. Right to indemnity for value of building 2. Right to damages 3. Right to demolish w/o payment of indemnity Bad faith on both builder & owner in pari delicto (no cause of action vs. each other) Right of 3rd person who owns materials 1. Right to be indemnified for value of materials irrespective of good faith or bad faith of builder or owner; if builder has no property, owner is subsidiarily liable 2. When builder is in bad faith & owner in good faith & owner compel builder to remove improvements, owner is not subsidiarily liable 3. When 3rd person is paid by builder, builder may demand from landowner the value of labor & materials
g) distribution of profits in partnerships may be stipulated , this is not flexible in coownership but depends on ideal share/interest Rights of co-owners 1. Right to benefits proportional to respective interest; stipulation to contrary is void 2. Right to use thing co-owned a. for purpose for which it is intended b. without prejudice to interest of ownership c. without preventing other co-owners from making use thereof 3. Right to change purpose of co-ownership by agreement 4. Right to bring action in ejectment in behalf of other co-owner 5. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes
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Title V: POSSESSION
Possession holding of a thing or enjoyment of a right 1. occupancy actual or constructive (corpus) 2. intent to possess (animus) How acquired: a. material occupation possession as a fact 1. physical 2. constructive tradicion brevi manu (one who possess a thing short of title of owner lease ); tradicion constitutum possesorium (owner alienates thing but continues to possess depositary, pledgee, tenant) cannot be recognized at the same time in 2 different personalities except copossession question arise regarding fact of possession 1. present possessor preferred 2. 2 possessors one longer in possession 3. dates of possession the same one who presents a title 4. both have titles judicial resolution b. subject to action of our will- possession as a right 1. tradicion simbolica delivering object or symbol of placing thing under control of transferee (keys) 2. tradicion longa manu pointing out to transferee the things which are being transferred c. proper acts and legal formalities established for acquiring rights donation, sale What can be subject of possession things or rights which are susceptible of being appropriated 12
Degrees of possession: 1. holding w/o title and in violation of right of owner 2. possession with juridical title but not that of owner 3. possession with just title but not from true owner 4. possession with just title from true owner
Classes of ownership: 1. in concept of owner owner himself or adverse possessor Effects: a. may be converted into ownership through acquisitive prescription b. bring actions necessary to protect possession c. ask for inscription of possession d. demand fruits and damages from one unlawfully detaining property 2. in concept of holder usufruct, lessee, bailee 3. in oneself personal acquisition a. he must have capacity to acquire possession b. intent to possess c. possibility to acquire possession 4. in name of another agent; subject to authority and ratification if not authorized; negotiorum gestio a. representative has intention to acquire for another and not for himself b. person from whom it is acquired has intention of possessing it 5. in good faith not aware that there exist flaw in title or mode w/c invalidates it; mistake upon doubtful question of law; always presumed; it may be interrupted by extraneous evidence or suit for recovery of property of true owner 6. in bad faith aware of defect
Possession through succession 1. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same ) 2. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title;
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4. Take care of property as a good father of family 5. Liable for negligence & fault of person who substitute him 6. If usufruct is constituted on animals duty bound to replace dead animals that die from natural causes or became prey; if all of them perish w/o fault but due to contagious disease / uncommon event deliver remains saved; if perish in part due to accident continue on remaining portion; if on sterile animals as if fungible replace same kind & quality 7. Obliged to make ordinary repairs wear & tear due to natural use of thing and are indispensable for preservation; owner may make them at expense of usufructuary during existence of usufruct 8. Obliged to make expenses due to his fault; cannot escape by renouncing usufruct 9. Pay legal interest from extraordinary expenses made by owner 10. Payment of expenses, charges & taxes affecting fruits 11. Payment of interest on amount paid by owner charges on capital 12. Obliged to notify owner of act of 3 rd person prejudicial to rights of ownership he is liable if he does not do so for damages as if it was caused through his own fault 13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary Obligations of owner 1. extraordinary expenses; usufructuary obliged to inform owner when urgent and there is the need to make them
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Domesticated animals
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Pigeons & fish when they go to another breeding place, they shall be owned by the new owner provided they are not enticed
Movables: 1) Treasure found on anothers property 2) consist of (1) money, precious objects & 2) hidden & owner is unknown finding must be by chance in order that stranger may be entitled to of the treasure Movable found w/c is not treasure must be returned to owner if finder retains the thing found may be charged with theft if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks in way he deems best If owner does not appear 6 months after publication, thing found shall be awarded to finder if owner appears, he is obliged to pay 1/10 of value of property to finder as price if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication
What cannot be acquired by occupation Ownership of a piece of land because when a land is without an owner, it pertains to the state land that does not belong to anyone is presumed to be public land but when a property is private and it is abandoned can be object of occupation
PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run
Kinds: 1. Acquisitive 2. Extinctive Who may acquire by prescription: a. person who are capable of acquiring property by other legal modes
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Things subject to prescription: all things within the commerce of men a. private property b. patrimonial property of the state
Things not subject to prescription: 1. public domain 2. in transmissible rights 3. movables possessed through a crime 4. registered land
Renunciation of prescription: persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future may be express or tacit prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply abandonment of right acquired creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation
PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS Kinds of Acquisitive prescription 1. ordinary
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title must be one which would have been sufficient to transfer ownership if grantor had been the owner through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership IN CONCEPT OF OWNER possession not by mere tolerance of owner but adverse to that of the owner claim that he owns the property PUBLIC, PEACEFUL & UNINTERRUPTED Must be known to the owner of the thing
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5 years - actions where periods are not fixed by law 4 years - upon injury to rights of plaintiff upon a quasi-delict
1 year - for forcible entry & detainer - for defamation Rights not extinguished by prescription: 1. demand right of way 2. abate public /private nuisance 3. declare contract void 4. recover property subject to expressed trust 5. probate of a will 6. quiet title DONATION Characteristics: a) b) Unilateral obligation imposed on the donor Consensual perfected at time donor knows of acceptance
Requisites of Donation: 1. Reduction in patrimony of donor 2. Increase in patrimony of donee 3. Intent to do act of liberality 4. Donor must be owner of property donated
Requirements of a donation: 1. subject matter anything of value; present property & not future, must not impair legitime 2. causa anything to support a consideration: generosity, charity, goodwill, past service, debt 25
Donation Inter Vivos Disposition and acceptance to take effect during lifetime of donor and donee Already pertains to the donee unless there is a contrary intent
Donation Mortis Causa Disposition happens upon the death of donor Even if there is a term of effectivity and effectivity is upon the death of the donor, still entitled to fruits Formalities required - follow law on Formalities required - follow law on donations and certain kinds of donations & succession to be valid, and donation must law on obligations and contracts be in the form of a will (suppletory) Irrevocable at the instance of the donor; Revocable ad mutuum (exclusive will of may be revoked only by reasons provided donor) by law Revoked only for reasons provided for by law (except onerous donations) Acceptance a) acceptance must be made personally or thru agent b) donation may be made orally or in writing movable: 5,000 & below may be oral or written, if oral it must be with simultaneous delivery of thing/document & acceptance need not be in writing above 5,000 - must be written and accepted also in writing immovable - must be in a public instrument & acceptance must also be in a public instrument (in same instrument or in other instrument) In case of doubt with regards to nature of donation: inter vivos Badges of mortis causa: 1. Title remains with donor (full or naked ownership)& conveyed only upon death 2. Donor can revoked ad mutuum 3. Transfer is void if transferor survives transfer Kinds of donation INTER VIVOS 1) 2) 3) 4) pure/simple remuneratory conditional onerous Remuneratory Liberality or merits of donee or burden/ charge of past services Conditional Valuable consideration is imposed but value is Onerous Valuable consideration given
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Extent of burden
c) form of acceptance Required d) reservation w/regards to personal support & legitime Applicable e) warranty against eviction & hidden defects In bad faith only f) revocation Applicable
Required
Required
Applicable
Applicable
Not Applicable
Applies Applicable
Who may give donations - All persons who may contract and dispose of their property
Who may accept donations: 1. natural & juridical persons w/c are not especially disqualified by law 2. minors & other incapacitated a) by themselves - if pure & simple donation if it does not require written acceptance
b) by guardian, legal representatives if needs written acceptance 1. natural guardian not more than 50,000 2. court appointed - more than 50,000 3. conceived & unborn child, represented by person who would have been guardian if already born Who are disqualified to donate: 1. guardians & trustees with respect to property entrusted to them 2. husband & wife 3. between paramours/persons guilty of adultery 4. between parties guilty of same criminal offense 5. made to public officers, wife, descendant, ascendant Other persons disqualified to receive donations: 27
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Extent: portion which may Extent: whole portion but impair legitime of heirs court may rule partial revocation only Property must be returned Property in excess Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be Alienations/mortgages returned the value must imposed are void unless be returned registered with Register of If mortgaged donor may Deeds redeem the mortgage with right to recover from donee Fruits to be returned at Fruits to be returned at filing of action for filing of complainant revocation Prescription of action is 4 Prescription is 4 years from years from birth, etc. non-fulfilment Action cannot be renounced Right of action transmitted to heirs Action extends to donees heirs
Extent: returned
Whole
portion
Property to be returned
Prior ones are void; demand value of property when alienated and cant be recovered or redeemed from 3rd persons
Prescription is 1 year from knowledge of fact and it was possible for him to bring action
Action cannot be renounced in advance Right of action at instance Heirs cant file action of donor but may be transmitted to heirs Action does not extend to donees heirs
Exception to rule on intransmissibility of action with regards to revocation due to ingratitude: 1. personal to the donor; general rule is heir cannot institute if donor did not institute 2. heirs can only file in the ff cases: a) donor has instituted proceedings but dies before bringing civil action for revocation b) donor already instituted civil action but died, heirs can substitute c) donee killed donor or his ingratitude caused the death of the donor d) donor died w/o having known the ingratitude done e) criminal action filed but abated by death
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