San Beda College of Law

26

MEMORY AID

IN

CIVIL LAW

PROPERTY
PROPERTY  All things which are, or may be the object of appropriation  1. 2. 3. Requisites: (USA) utility substantivity or individuality appropriability places of similar nature, in case their owner has placed or preserved them, with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in those places are included; fertilizer actually used on a piece of land; mines, quarries and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake or coast; and contracts for public works, and servitudes and other real rights over immovable property

8. 9.

I. A. IMMOVABLE PROPERTIES 1. land, buildings, roads and constructions of all kinds adhered to the soil; 2. trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable; 3. everything attached to an immovable in a fixed manner in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; 4. statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; 5. machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; Requisites: a. made by owner b. industry or works carried on building or on land c. machines, etc must tend directly to meet needs of the industry or works d. machines, etc. must be essential and principal elements of the industry. 6. animal houses, pigeon-houses, 7. beehives, fishponds or breeding CIVIL LAW COMMITTEE

10.

11.

 Categories: (NIDA) 1. Real by nature – it cannot be carried from place to place (pars. 1 & 8, Art. 415, Civil Code) 2. Real by incorporation – attached to an immovable in a fixed manner to be an integral part thereof (pars. 1-3 Art. 415, Civil Code) 3. Real by destination – placed in a n immovable for the utility it gives to the activity carried thereon (pars. 4-7 and 9 Art. 415, Civil Code) 4. By analogy it is so classified by express provision of law (par. 10, Art. 415, Civil Code) B.MOVABLE PROPERTIES 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 of science;

 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

San Beda College of Law
27

MEMORY AID
4. in general, all things which can be transported from place to place without impairment of the real property to which they are fixed; 5. obligations and actions which have for their object movables or demandable sums; and 6. shares of stock of agricultural, commercial and industrial entities, although they have real estate. TESTS: a) By exclusion: movables are everything not included in Art. 415. b) By description: an object is movable if it possesses: 1) Ability to change location 2) Without substantial injury to the immovable to which it is attached. Important Doctrines/principles on immovable and movable properties: a) A Building is an immovable even if not erected by the owner of the land. The only criterion is union or incorporation with the soil. (Ladera vs. Hodges, 48 O.G. 4374). b) Parties to a contract may by agreement treat as personal properties that which by nature would be real property; and it is a familiar phenomenon to see things classes as real property for purposes of taxation which on general principle might be considered personal property (Standard Oil Co. vs. Jaranillo, 44 Phil 631). c) For purposes of attachment and execution and for purposes of the Chattel Mortgage Law, ungathered products have the nature of personal property. (Sibal vs. Valdez, 50 Phil, 512). d) The human body, whether alive or dead, is neither real nor personal property, for it is not even property at all, in that it generally cannot be appropriated. Under certain conditions, the body of a person or parts thereof may be subject matter of a transaction. (See RA No. 349, RA No. 7170, RA No. 7719). e) What is the effect of temporary separation of movables from the CIVIL LAW COMMITTEE

IN

CIVIL LAW

immovables to which they have been attached? 2 Views: 1) They continue to be regarded as immovables. 2) Fact of separation determines the condition of the objects thus recovering their condition as movables. * the latter view is supported by Paras and Tolentino who maintains that the failure of the codifiers to reproduce the provision of the partidas on the matter is an indication that they did not intend the rule to continue. f) A building that is to be sold or mortgaged and which would be immediately demolished may be considered personal property and the sale or mortgage thereof would be a sale of chattel, or a chattel mortgage respectively, for the true object of the contract would be the materials. II. A. PROPERTY OF PUBLIC DOMINION  Concept: It is not owned by the state but pertains to the state, which, as territorial sovereign exercises certain juridical prerogatives over such property. The ownership of such properties is in the social group, whether national, provincial or municipal.  Purpose: To serve the citizens and not the state as a juridical person.  Kinds: 1. Those intended for public use 2. Those which are not for public use but intended for public service 3. Those intended for the development of the national wealth  CHARACTERISTICS: 1. Outside the commerce of man 2. Inalienable. But when no longer needed for public use or service, may be declared patrimonial property. In Laurel vs. Garcia (187 SCRA 797), the Supreme Court held that “whether or not the Roppongi and related

 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

public waters. promenades and public works for public service paid for by the LGUs 2. B. Ownership is Elastic – power/s may be reduced and thereafter automatically recovered upon the cessation of the limiting rights. 449).  Rights included: 1. General – the right to make use of all the possibilities or utility of the thing owned. Note that there are exceptions to this definition and are generally not included as furniture unless the law or the individual’s declaration include them. OWNERSHIP  The right to enjoy. 3. Cannot be acquired by prescription 4. Property for public use – consist of roads. Ma. Here. squares.  CHAIRPERSON: Romuald Padilla  ASST. fence and delimit b) to repel intrusions even with force  Characteristics: (EGEIP) 1. Commonwealth. except those attached to other real rights existing thereon. Patrimonial Property – all other property possessed by LGUs without prejudice to provisions of special laws NOTE: In the case of Province of Zamboanga Del Norte vs. Right to exclude: (ER) a) to enclose. Sha Elijah Dumama(Sales and Lease). The classification of municipal property devoted for distinctly governmental purposes as public should prevail over the Civil Code in this particular case”. D. Ligaya Alipao(Torts and Damages). Right to vindicate: (RP) a) pursuit b) recovery 4.CHAIRPERSON: Vida Bocar. Christopher Cabigao(Credit Transactions). the Supreme Court categorically stated that “this court is not inclined to hold that municipal property held and devoted to public service is in the same category as ordinary private property. Not subject to attachment or execution 5. Alejandro Casabar(Property). dispose.San Beda College of Law 28 MEMORY AID properties will eventually be sold is a policy determination where both the President and Congress must concur”. Anthony Purganan(LTD). PROPERTY OF PRIVATE OWNERSHIP  refers to all property belonging to private persons either individually or collectively and those belonging to the State and any of its political subdivisions which are patrimonial in nature  Muebles or furniture generally has for its principal object the furnishing or ornamenting of a building. PROPERTY OF LOCAL GOVERNMENT UNITS (LGUs) 1. streets. 69 Phil. the Law of Municipal Corporations CIVIL LAW COMMITTEE IN CIVIL LAW was considered as a special law in the context of Article 424 of the NCC. Ian Dominic Pua(Obligations and Contracts). Right to dispose: (DATE) a) to destroy b) to alienate c) to transform d) to encumber 3. Rhodora Ferrer(Wills and Succession). fountains. City of Zamboanga. John Stephen Quiambao(PAT). 2. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). and recover a thing without further limitations than those established by law or the will of the owner. The character of public property is not affected by possession or even a Torrens Title in favor of private persons. Ma. (Palanca vs. Right to enjoy: (PUFA) a) to possess (jus possidendi) b) to use (jus utendi) c) to the fruits (jus fruendi) and accessions d) to abuse (jus abutendi) 2. PATRIMONIAL PROPERTY OF THE STATE  Property of the State owned by it in its private or proprietary capacity. Ricasion Tugadi (Conflicts of Law) . Joyce Vidad  EDP: Alnaiza Hassiman.  the state has the same rights over this kind of property as a private individual in relation to his own private property C. Cannot be burdened with easements NOTE: They cannot be registered under the land registration law and be the subject of a Torrens title.

Ma. withholds intimidation. actual or threatened physical invasion or usurpation IN CIVIL LAW 1. ACCION INTERDICTAL  Nature: summary action to recover physical or material possession only. Independence – It exists without necessity of any other right 5.remedy when the complaint prays for the recovery of the possession of personal property. Specific limitations imposed by law 3.San Beda College of Law 29 MEMORY AID 3. Ligaya Alipao(Torts and Damages). Christopher Cabigao(Credit Transactions). reasonable force 2. Ma. EXCEPTION: Doctrine of Incomplete Privilege or State of Necessity (Article 432)  Requisites: (ID) CIVIL LAW COMMITTEE As to when possession became unlawful Possession of the Possession is defendant is inceptively lawful unlawful from the but becomes illegal beginning as he from the time acquires defendant possession by unlawfully Force. It cannot be extinguished by non user but only by adverse possession. Alejandro Casabar(Property). Principle of Self-Help  right of the owner or lawful possessor to exclude any person from the enjoyment and disposal of the property by the use of such force as may be necessary to repel or prevent actual or threatened unlawful physical invasion or usurpation of his property. or other person against whom the possession of the same was unlawfully withheld after the expiration or termination of the right to hold possession. General limitations imposed by the State for its benefit 2. threat the expiration or or stealth termination of his right thereto. Unlawful Detainer  Action for recovery of possession of any land or building by landlord. intimidation. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Exclusive – there can only be one ownership over a thing at a time. 2. Perpetuity – ownership lasts as long as the thing exists. Forcible Entry Unlawful Detainer GENERAL RULE: A person cannot interfere with the right of ownership of another. owner or lawful possessor is the person who will exercise 3. 4. Ian Dominic Pua(Obligations and Contracts). strategy. possession after strategy.  Requisites: (RONA) 1. Real Property: a. Inherent limitations arising from conflict with other rights De Facto case of Eminent Domain  expropriation resulting from the actions of nature as in one case where land becomes part of one sea. vendee. Forcible entry  Action for recovery of material possession of real property when a person originally in possession was deprived thereof by force.  Limitations: 1. It consists of the summary actions of: 1. John Stephen Quiambao(PAT). no delay in one’s exercise 4. Ricasion Tugadi (Conflicts of Law) . Rhodora Ferrer(Wills and Succession). Interference necessary 2.CHAIRPERSON: Vida Bocar. Joyce Vidad  EDP: Alnaiza Hassiman. threat or stealth 2. The owner loses his property in favor of the state without any compensation. Limitations imposed by the owner himself 5. by virtue of any contract. There may be two or more owners but ONLY ONE ownership. Anthony Purganan(LTD). Limitations imposed by the party transmitting the property either by contract or by will 4. Sha Elijah Dumama(Sales and Lease). vendor. As to the necessity of demand No previous Demand is demand for the jurisdictional if the defendant to ground is nonvacate is payment of rentals  CHAIRPERSON: Romuald Padilla  ASST. Personal property: Replevin  REPLEVIN . Damage to another much greater than damage to property LEGAL REMEDIES TO RECOVER POSSESSION OF ONE’S PROPERTY 1.

CIVIL LAW COMMITTEE GENERAL RULE: To the owner belongs the natural. Discovery was made on the property of another. Alejandro Casabar(Property). Ma. 2. Ian Dominic Pua(Obligations and Contracts). EXCEPTIONS: The finder is entitled to ½ provided: 1. Ricasion Tugadi (Conflicts of Law) . Sha Elijah Dumama(Sales and Lease). except in cases of forcible entry and unlawful detainer. EXCEPTIONS: If the thing is: (PULA) a) in possession of a possessor in good faith. the lawful ownership of which does not appear. The finder is not married under the absolute community or the conjugal partnership system (otherwise his share belongs to the community). HIDDEN TREASURE  Definition: any hidden or unknown deposit of money. industrial. Joyce Vidad  EDP: Alnaiza Hassiman. ACCESSION  The right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto. The finder is not a co-owner of the property where it is found. The finding was made by chance. The finder is not an agent of the landowner. ACCION REIVINDICATORIA  Nature: action to recover real property based on ownership. Ligaya Alipao(Torts and Damages). Ma. c. The finder is not a trespasser. 4. The involved is not possession de facto but possession de jure. 5.  CHAIRPERSON: Romuald Padilla  ASST. Here. and civil fruits.  Requisites: 1.  Classifications: 1. Rhodora Ferrer(Wills and Succession). 3. price of leases or lands and the amount of perpetual or life annuities or other similar income b. jewelry or other precious objects.San Beda College of Law 30 MEMORY AID necessary or failure to comply with the lease contract IN CIVIL LAW As to necessity of proof of prior physical possession Plaintiff must Plaintiff need not prove that he was have been in prior in prior physical physical possession possession of the premises until he was deprived thereof by the defendant As to when the 1 year period is counted from 1 year period is 1 year period is generally counted counted from the from the date of date of last actual entry on demand or last the land letter of demand GENERAL RULE: It belongs to the owner of the land. building or other property on which it is found. civil fruits – rents of buildings. industrial fruits – those produced by lands of any kind through cultivation or labor c. natural fruits – spontaneous products of the soil and the young and other products of animals b. Accession Discreta – the right pertaining to the owner of a thing over everything produced thereby Kinds of Fruits a. the object is the recovery of the dominion over the property as owner. or of the state or any of its political subdivisions. Identity of the Property 2. ACCION PUBLICIANA  Nature: Ordinary civil proceeding to recover the better right of possession. either naturally or artificially. Plaintiff’s title to the property Surface Rights  The owner of parcel of land is the owner of its surface and everything under it. Christopher Cabigao(Credit Transactions).  The economic utility which such space or subsoil offers to the owner of the surface sets the limit of the owner’s right to the same.CHAIRPERSON: Vida Bocar. Anthony Purganan(LTD). John Stephen Quiambao(PAT). 6. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations).

accession industrial  building. or d) in possession of an antichretic creditor 2. 2. change of river course. 27 Phil 387) Article 448 does not apply to cases which are governed by other provisions of law such as coownership. 6. lease. a. Ma. Alluvion or alluvium – increment which lands abutting rivers gradually receive as a result of the current of the waters. c) leased or pledged. Anthony Purganan(LTD). 7.San Beda College of Law 31 MEMORY AID b) subject to a usufruct. ACCESSION NATURAL 1. With respect to personal property i. Ian Dominic Pua(Obligations and Contracts). avulsion. 4. agency. He is entitled to such removal ONLY when. Bad faith involves liability for damages. Inc. Bad faith of one party neutralizes the bad faith of the other. CA 244 SCRA 407). John Stephen Quiambao(PAT). 76 Phil. Right of Accession with respect to Immovable Property NOTE: See TABLES  Important Doctrines/Principles: a) Under Art 448. 605) Should no other arrangement be agreed upon. Accessory follows the principal. With respect to real property i. There should be no unjust enrichment at the expense of others. Rhodora Ferrer(Wills and Succession).CHAIRPERSON: Vida Bocar. Accession exists only if the incorporation is such that separation would either seriously damage the thing or diminish its value. Alejandro Casabar(Property). adjunction or conjuction ii. (Coleongco vs. 5. Ricasion Tugadi (Conflicts of Law) . by external forces. after having chosen to sell the land. Regalado. 106 Phil. Ligaya Alipao(Torts and Damages). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). (Ignacio vs. not the building. He who is in good faith may be held responsible but will not be penalized. To the owner of a thing belongs the extension or increase of such thing. the other CIVIL LAW COMMITTEE IN CIVIL LAW b) c) d) e) party fails to pay for said land. (Filipinas Colleges. 3. Accession Continua – the right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially. Christopher Cabigao(Credit Transactions). planting or sowing ii. the owner of the land does not automatically become the owner of the improvement. 448 may be applied by analogy considering that the primary intent of the law is to avoid a state of forced co-ownership especially where the parties in the main agree that Articles 448 and 546 are applicable and indemnity for the improvements may be paid although they differ as to the basis of the indemnity. and formation of islands b. Timbang. Joyce Vidad  EDP: Alnaiza Hassiman. The provision on indemnity in Art. NOTES:  The owners of the lands adjoining the banks of the river (riparian  CHAIRPERSON: Romuald Padilla  ASST.  Requisites: a)the deposit be gradual and imperceptible b) that it be made through the effects of the current of the water c)that the land where accretion takes place is adjacent to the banks of the river. the landowner may not refuse both to pay for the building and to sell the land and instead seek to compel the owner of the building to remove the building from the land. Sha Elijah Dumama(Sales and Lease). the original identity of the deposit being lost. usufruct. accession natural  alluvium.  Concept: it is the gradual deposit of sediment by the natural action of a current of fresh water (not sea water. Hilario. (Pecson vs. Ma. vs. 247) Article 448 is not applicable where a person constructs a house on his own land and then sells the land. commixtion or confusion iii specification Basic Principles: (GONE BAD) 1.

If formed in lakes. belongs to the owner from whose property it was detached 4. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Accretion operates ipso jure. The portion of land must be such that it can be identified as coming from a definite tenement. Ma. the owners of the invaded land become owners of the abandoned bed to the extent provided by this article. Avulsion – the transfer of a known portion of land from one tenement to another by the force of the current. However. or navigable or floatable rivers . 4. Ligaya Alipao(Torts and Damages). Formation of Islands  RULES ON OWNERSHIP a. Joyce Vidad  EDP: Alnaiza Hassiman. Change of course of rivers  Requisites: a) There must be a natural change in the course of the waters of the river b) The change must be abrupt or sudden NOTES:  Once the river bed has been abandoned. Ricasion Tugadi (Conflicts of Law) .  It does not apply to cases where the river simply dries up because there are no persons whose lands are occupied by the waters of the river. creek or torrent. CIVIL LAW COMMITTEE 3. In this latter case. Sha Elijah Dumama(Sales and Lease). the owner retains ownership if he makes a claim within 6 months. Doctrines: a) Where the deposit is by sea water. If formed on non-navigable or non-floatable rivers: 1) if nearer to one margin or bank – to the nearer reparian owner 2) if equidistant from both banks. the additional area is not covered by a Torrens title and the riparian owner must register the additional area. Alejandro Casabar(Property). This refers only to uprooted trees and does not include trees which remain planted on a known portion of land carried by the force of the waters. identifiable and verifiable 3. Ma. sudden or abrupt process 2. NOTE: There is no accession when islands are formed by the branching of a  CHAIRPERSON: Romuald Padilla  ASST. belongs to the owner of the property to which it is attached 4.  Requisites: a) The segregation and transfer must be caused by the current of a river. by halves. it belongs to the state b) A gradual change of bed is also governed by the rules of alluvium (Canas vs. 689) Alluvium 1. If formed by the sea: 1) within territorial waters State 2) outside territorial waters – to the first occupant b. Tuason 5 Phil. as it is subject thereto ipso jure from the moment the mode of acquisition becomes evident. Anthony Purganan(LTD). detachment followed by attachment 2. merely an attach-ment IN CIVIL LAW Avulsion   1.to the reparian owners. Rhodora Ferrer(Wills and Succession). (Payatas vs. the trees are regarded as accessions of the land through gradual changes in the course of adjoining stream.San Beda College of Law 32 MEMORY AID lands) shall own the accretion which they gradually receive. John Stephen Quiambao(PAT).CHAIRPERSON: Vida Bocar. Tuazon)  Registration under the Torrens system does not protect the riparian owner against diminution of the area of his land through gradual changes in the course of adjoining stream (Payatas vs. Ian Dominic Pua(Obligations and Contracts). soil cannot be identified 3. b) The segregation and transfer must be sudden or abrupt c) The portion of land transported must be known or identified NOTES:  The owner must remove the transported portion within two years to retain ownership  In case of uprooted trees. No positive act is needed on their part.State c. Tuazon). gradual and imperceptible 2. Christopher Cabigao(Credit Transactions).

separation without injury b. KINDS (accession continua as to movables): 1.  Requisites a) the two things must belong to different owners b) that they form a single object. pintura or painting e. By one owner in bad faith: i) he loses all his rights to his own material ii) he is liable for damages 3. Commixtion – mixture of solids b.  Labor is the principal  Rules: a) Owner of the principal (worker) in good faith: i) maker acquires the new thing ii) he must indemnify the owner of the material EXCEPTION: if the material is more valuable than the resulting thing. By the will of both owners or by accident: each owner acquires an interest in proportion to the value of his material b. Otherwise. indemnifying for the labor. that of greater value c. Rhodora Ferrer(Wills and Succession). Ma. thereby forming a single object. the owner retains ownership of the isolated piece of land. or 2) to demand indemnity for the  CHAIRPERSON: Romuald Padilla  ASST. The material becomes a thing of different kind. Joyce Vidad  EDP: Alnaiza Hassiman. soldadura or soldering c. Ma. the “rule of importance and purpose b. Adjunction  the union of two things belonging to different owners. escritura or writing d. or that their separation would impair their nature  Kinds: a. Right of Accession with respect to movable property  Basic Principle: Accession exists only if separation is not feasible. that of greater volume d. Confusion – mixture of liquids  Rules: a.  Kinds: a. Sha Elijah Dumama(Sales and Lease). the owner of the material has the option: 1) to acquire the work. By one owner in good faith: apply rule(a) c. Ricasion Tugadi (Conflicts of Law) . inclusion or engraftment b. Ian Dominic Pua(Obligations and Contracts). Mixture  Union of materials where the components lose their identity. EXCEPTIONS if the accessory is much more precious than the principal. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Christopher Cabigao(Credit Transactions). Alejandro Casabar(Property). tejido or weaving  Tests to determine principal: a.San Beda College of Law 33 MEMORY AID river. separation may be demanded. that of greater merits   Rules: a) Adjunction in good faith by either owner: GENERAL RULE: accessory follows the principal. John Stephen Quiambao(PAT). accessory is more precious than the principal c. Anthony Purganan(LTD). the owner of the accessory may demand the separation even if the principal suffers some injury b) Adjunction in bad faith by the owner of the principal  option of the owner of the accessory: i) to recover the value plus damages ii) to demand separation plus damages CIVIL LAW COMMITTEE c) IN CIVIL LAW Adjunction in bad faith by the owner of the accessory i) he loses the accessory ii) he is liable for damages  When separation of things allowed: a. Ligaya Alipao(Torts and Damages). owner of the principal acted in bad faith 2.CHAIRPERSON: Vida Bocar. Specification  It is the transformation of another’s material by the application of labor. in such a manner that they cannot be separated without injury.

or reimburse him for expenses that may have redounded to his benefit. Christopher Cabigao(Credit Transactions). there must be a cloud in such title. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). plaintiff not in possession – 10 (ordinary) or 30 years (extraordinary) Action to quiet title Action to remove a cloud on title Mixture Involves at least 2 things Specification May involve one thing (or more) but form is changed Accessory follows the principal The new object retains or preserves the nature of the original object. voidable or unenforceable. John Stephen Quiambao(PAT). Ma.CHAIRPERSON: Vida Bocar. and 4. record.  The complainant must show that his  CHAIRPERSON: Romuald Padilla  ASST. Things joined retain their nature Coownership results Things mixed or confused may either retain or lose their respective natures PURPOSE to put an end to to remove a troublesome possible foundation litigation in for a future hostile respect to the claim property involved NATURE OF THE ACTION remedial action Preventive action involving a present to prevent a future adverse claim cloud on the title  QUIETING OF TITLE  It is an equitable action in rem to determine the condition of the ownership or the rights to immovable property. Ian Dominic Pua(Obligations and Contracts).San Beda College of Law 34 MEMORY AID material b) owner of the principal (worker) in bad faith: the owner of the material has the option: i) to acquire the result without indemnity ii) to demand indemnity for the material plus damages c) Owner of the material in bad faith i) he loses the material ii) he is liable for damages Adjunction 1. ineffective. Alejandro Casabar(Property). claim. Rhodora Ferrer(Wills and Succession). Ma. plaintiff must return to the defendant all benefits he may have received from the latter. 2. Ligaya Alipao(Torts and Damages). Accessory follows the principal 3. CIVIL LAW COMMITTEE The action to quiet title does not apply: a) to questions involving interpretation of documents b) to mere written or oral assertions of claims. Anthony Purganan(LTD). or take measures to insure public safety. Involves at least 2 things IN CIVIL LAW  Prescriptive Period: 1. encumbrance or proceeding which is apparently valid but is in truth invalid.  Requisites: 1. Joyce Vidad  EDP: Alnaiza Hassiman. plaintiff must have a legal or equitable title to. 2. Sha Elijah Dumama(Sales and Lease). or interest in the real property which is the subject matter of the action. and remove doubts thereon. plaintiff in possession – imprescriptible 2. 3. such cloud must be due to some instrument. Should he fail to do so. the authorities shall order its demolition at the expense of the owner. and is prejudicial to the plaintiff’s title. EXCEPT: i) if made in a legal proceeding ii) if it is being asserted that the instrument or entry in plaintiff’s favor is not what it purports to be c) to boundary disputes d) to deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff e) to instruments invalid on their face f) where the validity of the instrument involves pure questions of law Ruinous Buildings and Trees in Danger of Falling:  As to buildings – the owners is obliged to demolish or execute necessary work to prevent the building from falling. Ricasion Tugadi (Conflicts of Law) .

Purpose is collective enjoyment of the thing 4. Purpose is to obtain profits 4. Testamentary disposition or donation inter vivos Co-ownership 1.  Rules: 1. Joyce Vidad  EDP: Alnaiza Hassiman. Christopher Cabigao(Credit Transactions). A partner.  Characteristics: a)plurality of subjects (the coowners) b) there is a single object which is not materially divided c)there is no mutual representation by the co-owners d) it exist for the common enjoyment of the co-owners e) it has no distinct legal personality f) it is governed first of all by the contract of the parties. Contract 3. Ricasion Tugadi (Conflicts of Law) . then the builder is responsible for the damages. Sha Elijah Dumama(Sales and Lease). Occupation 5.San Beda College of Law 35 MEMORY AID property is adjacent to the dangerous construction. or must have to pass by necessity in the immediate vicinity. There is no mutual representation 6. Death or incapacity dissolves the partnership 8. John Stephen Quiambao(PAT). Rhodora Ferrer(Wills and Succession). Distribution of profits is subject to the stipulation of the parties 7. by special legal provisions. Alejandro Casabar(Property). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Chance 4. Ian Dominic Pua(Obligations and Contracts). Rights of each co-owner as to the thing owned in common: USBRAPLDP a) To use the thing owned in common  Limitations: i) use according to the purpose for which it was intended ii) interest of the co-ownership must not be prejudiced iii) other co-owners must not be prevented from using it according to their own rights b) To share in the benefits and charges in proportion to the interest of each. Distribution of profits must be proportional to the respective interests of the co-owners 7. Law 2. Can be created only by contract. Ma. The owner is responsible for damages to others due to lack of necessary repairs. no public instrument needed even if real property is the object of the co-ownership 9. if the damage is caused by defects in the construction. by the provisions of Title III on co-ownership Sources: 1. Can be created without the  Partnership 1. An agreement to keep the thing undivided for a period of more than 10 years is void IN CIVIL LAW express or implied 2.CHAIRPERSON: Vida Bocar. Ma. There may be agreement as to a definite term without limit set by law  CO-OWNERSHIP  Definition: the right of common dominion which two or more persons have in a spiritual part of a thing which is not physically divided. Has no juridical or legal personality 3. Anthony Purganan(LTD). unless authorized cannot dispose of his share and substitute another as a partner in his place 5. and in default of such provisions. A co-ownership is not dissolved by the death or incapacity of a co-owner 8. Co-owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co-owner 5.  Concept: co-ownership exists where the ownership of a thing physically undivided pertains to more than one person. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. otherwise. Ligaya Alipao(Torts and Damages). Succession 6. However. A partner can generally bind the partnership 6. Has juridical personality distinct from the partners 3. May be made in any form except when real property is contributed 9. formalities of a contract 2.

Christopher Cabigao(Credit Transactions). but not to exceed 10 years. Rhodora Ferrer(Wills and Succession). Joyce Vidad  EDP: Alnaiza Hassiman. consolidation or merger in one coowner 2. Rights as to the ideal share of each co-owner: a) Each has full ownership of his part and of his share of the fruits and benefits b) Right to substitute another person its enjoyment.CHAIRPERSON: Vida Bocar. EXCEPT when personal rights are involved c) Right to alienate. John Stephen Quiambao(PAT). The value of the property at the time of the renunciation will be the basis of the portion to be renounced. Ricasion Tugadi (Conflicts of Law) . Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations).San Beda College of Law 36 MEMORY AID NOTE: Any stipulation to the contrary is void. Anthony Purganan(LTD). even if beneficial. but not to exceed 20 years. CIVIL LAW COMMITTEE IN CIVIL LAW EXCEPTIONS: 1) When there is a stipulation against it. acquisitive prescription in favor of a third person or a co-owner who repudiates the co-ownership  CHAIRPERSON: Romuald Padilla  ASST. Alejandro Casabar(Property). b) Enjoyment c) Improvement or embellishment 3. 3) When the legal nature of the community prevents partition. Ma. 2. dispose or encumber d) Right to renounce part of his interest to reimburse necessary expenses incurred by another coowner e) Transactions entered into by each co-owner only affect his ideal share.  Expenses to improve or embellish are decided by the majority f) To protest against seriously prejudicial decisions of the majority g) Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another coowner to a stranger h) To defend the co-ownership’s interest in court i) To demand partition at any time  Partition is the division between 2 or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from others GENERAL RULE: Partition is demandable by any of the coowners as a matter of right at any time. c) To the benefits of prescription: prescription by one co-owner benefits all. NOTES:  Alteration is an act by virtue of which a co-owner changes the thing from the state in which the others believe it should remain. Ian Dominic Pua(Obligations and Contracts). or withdraws it from the use to which they desire it to be intended. 5) When partition is prohibited by law 6) When another co-owner has possessed the property as exclusive owner for a period sufficient to acquire it by prescription. Ligaya Alipao(Torts and Damages). Ma. Sha Elijah Dumama(Sales and Lease). 4) When partition would render the thing unserviceable. EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. NOTE: The co-owner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. The following questions are governed by the majority of interests: a) Management  Minority may appeal to the court against the majority’s decision if the same is seriously prejudicial. e) Alterations: to oppose alterations made without the consent of all. 2) When the condition of indivision is imposed by the donor or testator. d) Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice.

Ligaya Alipao(Torts and Damages). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). 5. and there shall be no judicial partition thereof: EXCEPTIONS: 1. or that the condominium owners holding in aggregate more than 70% interest in the common areas are opposed to the continuation of the condominium regime.San Beda College of Law 37 MEMORY AID 3. office or store or other space therein. apprehension. When the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction 3 years after damage or destruction which rendered a material part thereof unfit for use. Rhodora Ferrer(Wills and Succession). except in cases of hereditary succession. judicial or extra-judicial partition CONDOMINIUM ACT (R. however. the membership or shareholdings in the condominium corporation: provided. 3. or taking deliberate intention to possess by virtue of ones own right GENERAL RULE: Common areas shall remain undivided. When the project has been in existence for more than 50 years. Ricasion Tugadi (Conflicts of Law) . Ian Dominic Pua(Obligations and Contracts). 4. WATERS  Classification a) Waters public per se (water is the principal. Joyce Vidad  EDP: Alnaiza Hassiman. that where the common areas in the condominium project are held by the owners of separate units as co-owners thereof. loss or destruction of property coowned 4. in a proper case.  1. IN CIVIL LAW the projects. Requisites: occupancy. possession with just title sufficient to transfer ownership 4. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital stock of which belong to Filipino citizens. 2.A. 502 [1] and 502 [2]) b) Waters public or private according to their bed (water is accessory to bed) c) Waters public by special provision POSSESSION  Concept: the material holding or control of a thing or the enjoyment of a right. remodeling or modernizing. When the project or a material part thereof has been condemned or expropriated and the project is no longer viable. NO. Christopher Cabigao(Credit Transactions). in the land on which it is located and in other common areas of the building. When damage or destruction has rendered ½ or more of the units untenantable and that the condominium owners holding more than 30% interest in the common areas are opposed to restoration of CIVIL LAW COMMITTEE  Degrees: 1. shall include transfer or conveyance of the undivided interest in the common areas or.  Any transfer or conveyance of a unit or an apartment. When conditions for partition by sale set forth in the declaration of restrictions duly registered have been met. the bed follows the character of the water (See Arts. expropriation 7. possession without any title whatsoever 2. 4726) CONDOMINIUM  an interest in real property consisting of a separate interest in a unit in a residential. sale of property co-owned 5. 3. Ma. Sha Elijah Dumama(Sales and Lease). Alejandro Casabar(Property). 2. and the condominium owners holding in aggregate more than 50% interest in the common areas are opposed to restoration. that it is obsolete and uneconomic. termination of period agreed upon by the co-owners 6. directly or indirectly. Anthony Purganan(LTD). Ma. possession with juridical title 3. John Stephen Quiambao(PAT).CHAIRPERSON: Vida Bocar. industrial or commercial building and an undivided interest in common. possession with a title in fee simple  a) Classes: In one’s own name – where possessor  CHAIRPERSON: Romuald Padilla  ASST.

Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). of non-interruption in favor of the present possessor 5. Conflicts between several claimants: GENERAL RULE: Possession cannot be recognized in two different personalities except in case of co-possession when there is no conflict  Criteria in case of dispute: 1. the one with a title 4. However. of extension of possession of real property to all movables contained therein  1. John Stephen Quiambao(PAT). is considered or is believed by other people as the owner. Anthony Purganan(LTD).  Possession in good faith ceases from the moment defects in his title are made known to the possessor. NOTES:  Only personal knowledge of the flaw in one’s title or mode of acquisition can make him a possessor in bad faith. Ma. possessor acknowledges in another a superior right which he believes to be ownership.  Object of possession: GENERAL RULE: All things and rights susceptible of being appropriated EXCEPTIONS: 1. with respect to the right they respectively exercise over the thing. Presumptions in favor of possessor: of good faith of continuity of initial good faith of enjoyment in the same character in which possession was acquired until the contrary is proved 4. 2. Non-apparent servitudes Acquisition of possession:  Manner 1. Ligaya Alipao(Torts and Damages). Property of public dominion 3. Discontinuous servitudes 4. e) In good faith – possessor is not aware that there is in his title or mode of acquisition a defect that invalidates it  Requisites: 1. 3. Ostensible title or mode of acquisition 2. of continuous possession by the one who recovers possession of which he was wrongfully deprived 6. Proper acts and legal formalities established for acquiring such right. Ian Dominic Pua(Obligations and Contracts). (Kasilag vs Roque. Sha Elijah Dumama(Sales and Lease). the fact of possession shall be judicially determined. Ma. and in the meantime. if all the above are equal. the one longer in possession 3. Rhodora Ferrer(Wills and Succession).CHAIRPERSON: Vida Bocar. the thing shall be placed in judicial deposit  CHAIRPERSON: Romuald Padilla  ASST. if there are two possessors. if the dates of possession are the same. Possessor is ignorant of the vice or defect and must have an honest belief that the thing belongs to him NOTE: Gross and inexcusable ignorance of the law may not be the basis of good faith. It is not transmissible even to an heir. 69 PHIL 217) f) In bad faith – possessor is aware of the invalidating defect in his own title. Subjection to the action of our will 3. Res communes 2. the ownership pertaining to another person. regardless of the good or bad faith of the possessor d) In the concept of holder – possessor holds it merely to keep or enjoy it. This interruption of good faith may take place at the date of summons or that of the answer if the date of CIVIL LAW COMMITTEE IN CIVIL LAW summons does not appear. NOTE: None of these holders assert a claim of ownership in himself over the thing but they may be considered as possessors in the concept of owner. Christopher Cabigao(Credit Transactions).San Beda College of Law 38 MEMORY AID claims the thing for himself b) In the name of another – for whom the thing is held by the possessor c) In the concept of owner – possessor of the thing or right . present/actual possessor shall be preferred 2. there is a contrary view that the date of summons may be insufficient to convince the possessor that his title is defective. Alejandro Casabar(Property). Vice or defect in the title 3. excusable ignorance may be such basis. or under claim of ownership. by his actions. Joyce Vidad  EDP: Alnaiza Hassiman. Material occupancy of the thing 2. Ricasion Tugadi (Conflicts of Law) . but possible.

Ornamental expenses h. owner’s option: i. ordinarily. in money. to owner or lawful possessor e. indemnity pro rata to possessor (owner’s option) i. not reimbursed to possessor c. taxes and charges i.  Doctrines: a) owner of the thing must prove (1) ownership of the thing and (2) loss or unlawful deprivation. liable in every case k.. Loss of possession: g. no reimbursement j. Ricasion Tugadi (Conflicts of Law) . cost without removal h. reimbursed to possessor. Taxes and charges i. no retention f. Production expenses of pending fruits IN CIVIL LAW ii. Useful expenses g. only if acting with fraudulent intent or negligence. Ma. charged to possessor iii. Christopher Cabigao(Credit Transactions). retention Possessor in bad faith a. Improvements due to time or nature k. on f. reimbursed to possessor (owner’s option) i. Sha Elijah Dumama(Sales and Lease). Cultivation Expenses of gathered fruits c. Fruits pending and charges d. taxes and charges i. by allowing full cultivation and gathering of all fruits e. fruits on ii.  Requisites: a) possession is in good faith b) the owner has voluntarily parted with the possession of the thing c) possessor is in the concept of owner One who has lost or has been unlawfully deprived of it .San Beda College of Law 39 MEMORY AID Subject a. charged to owner iii. plus value  may remove if no reimbursement. he cannot recover it from the possessor c) The owner may recover the movable in case of loss or involuntary deprivation. Ligaya Alipao(Torts and Damages). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). or ii. reimbursed to possessor. or bad faith of the possessor b) Where the owner acts negligently or voluntarily parts with the thing owned. no reimbursement j. or ii. John Stephen Quiambao(PAT). Joyce Vidad  EDP: Alnaiza Hassiman. or ii. charges i. Rhodora Ferrer(Wills and Succession). Anthony Purganan(LTD). to possessor b. Improvements no longer existing j. to owner or lawful possessor k. Alejandro Casabar(Property). prorated d. value at time of recovery h. to owner Possessor in good faith a. Necessary expenses f. to owner capital ii. Ian Dominic Pua(Obligations and Contracts). without reimbursement. removal. Ma. and no damage is caused to the principal by the removal g. prorated according to time d. reimbursed to possessor c. but must reimburse the price paid if possessor acquired the thing in good faith and at a public sale. removal if no injury. initial cost ii. charged to owner CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. to owner b.CHAIRPERSON: Vida Bocar. reimbursement at owner’s option: i. Fruits gathered b. no reimbursem ent Possession of movables  Possession of movables in good faith is equivalent to title. no indemnity iii. after summons i. may recover it from whomsoever possesses it. charged to owner e. Liability for accidental loss or deteriorati on i.

may be constituted on real or personal property. Alejandro Casabar(Property). By the will of the possessor a) Abandonment b) Transfer or conveyance 2. generally. To lease the thing. the ownership of which is vested in another e. withdrawal from commerce USUFRUCT  gives a right to enjoy the property of another with the obligation of preserving its form and substance. Involves a more or less passive owner who allows the usufructuary to enjoy the object given in usufruct 6. consumable or non-consumable. Person creating the usufruct should be the owner or his duly authorized agent 3. destruction or total loss of the things ii. To receive and benefit from the fruits b. May be created by law. To enjoy any increase through accessions and servitudes c. To the half of the hidden treasure he accidentally finds d. but he may still bring action publiciana or reivindicatoria e) By reason of the object i. e. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). 598) h) over things which gradually deteriorate (Art. tangible or intangible. or by prescription 4. for the same or shorter period as the usufruct. Ma. Lessor may not be the owner CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Rhodora Ferrer(Wills and Succession). Joyce Vidad  EDP: Alnaiza Hassiman. transmissible GENERAL RULE: Usufructuary is bound to preserve the form and substance of the thing in usufruct.Lessee is not generally under obligation to undertake repairs or pay taxes Special Usufructs a) of pension or income (Art 570) b) of property owned in common (Art. Pays for ordinary repairs and taxes on the fruits IN CIVIL LAW 3.San Beda College of Law 40 MEMORY AID 1. 578) f) on mortgaged property (Art. Real right b. by will of the testator. Anthony Purganan(LTD). unless the title constituting it or the law otherwise provides. To derive all advantages from the thing due to normal exploitation d. usufruct covers all the fruits and all the uses and benefits of the entire property 5. Ian Dominic Pua(Obligations and Contracts). Against the will of the possessor a) Eminent domain b) Acquisitive prescription c) Judicial decree in favor of better right d) Possession of another for more than one year NOTE: this refers to possession de facto where the possessor loses the right to a summary action. To retain the thing until he is reimbursed for advances for Lease 1. Ricasion Tugadi (Conflicts of Law) .  Characteristics: a. To improve the thing without altering its form and substance f. 582) c) of cattle (livestock) (Art. EXCEPTION: Abnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing. As to the thing and its fruits a. Right to set-off the improvements he may have made on the property against any damage to the same g. 573) i) of consumable property (Art 574) Rights of the Usufructuary 1. 591) d) on vineyards and woodlands (Art.Generally created by contract 4.Lease generally refers to uses only 5. Ligaya Alipao(Torts and Damages). by contract. Christopher Cabigao(Credit Transactions). 575-576) e) on a right of action (Art. Ma. 600) g) over the entire patrimony (Art. John Stephen Quiambao(PAT). Usufruct 1. Sha Elijah Dumama(Sales and Lease). Of temporary duration c. As a rule. Always a real right 2.CHAIRPERSON: Vida Bocar. Lease involves a more active owner or lessor who makes the lessee to enjoy 6.Generally a personal right 2.

Ma. To give a bond. owner shall have the following options: a.  takes an oath to take care of the things and restore them  property cannot be alienated or encumbered or leased because this would mean that the usufructuary does not need it. To secure the naked owner’s or court’s approval to collect credits in certain cases j. To pay interest on taxes on capital paid by the naked owner h. OR CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. To indemnify the owner for any losses due to his negligence or of his transferees Extinguishment of Usufruct: (PT2DERM) 1. the net product shall be delivered to the usufructuary 3. or investment of money. receivership of realty. To pay debts when the usufruct is constituted on the whole patrimony i. Ma. To make an inventory of the property b. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). deposit of securities. To pay annual taxes and charges on the fruits g. Joyce Vidad  EDP: Alnaiza Hassiman. Sha Elijah Dumama(Sales and Lease). NOTE: Effects of failure to post bond: 1. Ian Dominic Pua(Obligations and Contracts). At the termination of the usufruct: a. To make ordinary repairs d. To pay legal interest on the amount spent by the owner for extraordinary repairs or taxes on the capital c. being unable to file the required bond or security. Alejandro Casabar(Property). usufructuary cannot collect credits due or make investments of the capital without the consent of the owner or of the court until the bond is given. To permit works and improvements by the naked owner not prejudicial to the usufruct f. and damages caused to him. To notify the owner of any prejudicial act committed by third persons k. During the usufruct: a. Prescription 2. Anthony Purganan(LTD). To remove improvements made by him if the same will not injure the property to the usufruct itself To mortgage the right of usufruct except parental usufruct To alienate the usufruct IN CIVIL LAW h. To pay for court expenses and costs regarding usufruct. To take care of the property b. Before exercising the usufruct: a. To return the thing in usufruct to the owner unless there is a right of retention b. b. Termination of right of the person Obligations of the usufructuary: 1. John Stephen Quiambao(PAT). retention of the property as administrator 2. Ricasion Tugadi (Conflicts of Law) . As a. taxes on the capital he advanced. b. Christopher Cabigao(Credit Transactions). 2. 2. i.San Beda College of Law 41 MEMORY AID extraordinary expenses and taxes on the capital To collect reimbursements from the owner for indispensable extraordinary repairs. sale of movables. files a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security. EXCEPT 1) when no prejudice would result 2) when the usufruct is reserved by the donor or parents 3) in cases of caucion juratoria where the usufructuary. 3. Ligaya Alipao(Torts and Damages). To notify the owner of urgent extra-ordinary repairs e. To replace with the young thereof animals that die or are lost in certain cases when the usufruct is constituted on flock or herd of livestock c. Rhodora Ferrer(Wills and Succession).CHAIRPERSON: Vida Bocar.

Ian Dominic Pua(Obligations and Contracts). and. Real right. Imposed only on real property Usufruct May involve either real or personal property  CHAIRPERSON: Romuald Padilla  ASST. Rhodora Ferrer(Wills and Succession). Ma. constituted on the corporeal immovable property of another. Anthony Purganan(LTD). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). As to duty of servient owner a) Positive – the servient owner must allow something to be done in his property or do it himself.  Concept: it is a real right. or when its subject matter is real property and the duration exceeds one year May involve either real or personal Limited right to both the possession and use of another’s property 2. by virtue of which the owner of the latter has to refrain from doing or must allow something to be done on his property. without possession g) It cannot consist in the doing of an act unless the act is accessory in relation to a real easement h) It is a limitation on the servient owner’s rights of ownership for the benefit of the dominant owner. incessant without the intervention of any act of man b) Discontinuous Easements – those which are used at intervals and depend upon the acts of man 2. Joyce Vidad  EDP: Alnaiza Hassiman. therefore. never on one’s own property c) It involves two neighboring estates (in case of real easements) d) It is inseparable from the estate to which it is attached. As to the indication of their existence: a) Apparent Easements – those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same b) Non-apparent Easements – those which show no external indication of their existence 3. Christopher Cabigao(Credit Transactions). As to its exercise: a)Continuous Easements – those the use of which is. There is a limited right to the use of real property of another but without the right of possession Easement 1. Merger of the usufruct and ownership in the same person EASEMENT OR SERVITUDE  Encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner. Total loss of the thing 4.CHAIRPERSON: Vida Bocar. Expiration of the period or fulfillment of the resolutory condition 6. whether registered or not  Characteristics: a) It is a real right but will affect third persons only when duly registered b) It is enjoyed over another immovable. These are called servitudes of intrusion and or/service” b) Negative – the servient owner must refrain from doing something which he could lawfully do if the easement did not exist Easement 1. and.San Beda College of Law 42 MEMORY AID constituting the usufruct 3. Death of the usufructuary. therefore. John Stephen Quiambao(PAT). Renunciation of the usufructuary 7. Ma. Ligaya Alipao(Torts and Damages). Imposed only on real property 3. or may be. IN CIVIL LAW  Classification: 1. cannot be alienated independently of the estate e) It is indivisible for it is not affected by the division of the estate between two or more persons f) It is a right limited by the needs of the dominant owner or estate. Alejandro Casabar(Property). for the benefit of another person or tenement. Sha Elijah Dumama(Sales and Lease). unless contrary intention appears 5. Ricasion Tugadi (Conflicts of Law) . it is not presumed CIVIL LAW COMMITTEE Lease Real right only when it is registered.

Anthony Purganan(LTD). Ligaya Alipao(Torts and Damages). by apparent sign established by the owner of two adjoining estates 5. Ma. Waiver by the dominant owner EASEMENT FOR WATERING CATTLE  This is really a combined easement for drawing of water and right of way  Requisites: CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Resolution of the right to create the servitude. Permanent Impossibility to use the easement 6.CHAIRPERSON: Vida Bocar. Joyce Vidad  EDP: Alnaiza Hassiman. Christopher Cabigao(Credit Transactions). Cannot render the easement or render it more burdensome 2. by title Dominant Owner  Rights 1. To exercise all the rights necessary for the use of the easement 2. John Stephen Quiambao(PAT). Not extinguished by the death of the dominant owner Includes all the uses and the fruits of the property Involves a right of possession in an immovable or immovable Extinguished by the death of the usufructuary IN CIVIL LAW Servient Owner  Rights: 1.when either or both estates fall into such a condition that the easement could not be used 8.e. Bad condition . Ian Dominic Pua(Obligations and Contracts). Expropriation of the servient estate 10. Rhodora Ferrer(Wills and Succession). Alejandro Casabar(Property). by deed of recognition 3. Contribute to the necessary expenses if there are several dominant estates Extinguishment of Easements: (REMAIN BREW) 1. Limited to particular or specific use of the servient estate 3. Cannot impair the use of the easement 2. Merger of ownership of the dominant and servient estate 4. by final judgment 4. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner 4. To change the place or manner of the easement. unless there is an agreement to the contrary  Modes of Acquisition: (PDFAT) 1. Non-user for 10 years a.San Beda College of Law 43 MEMORY AID 2. To make use of the easement. i. Notify the servient owner of works necessary for the use and preservation of the servitude 3. To retain ownership and possession of the servient estate 2. Ricasion Tugadi (Conflicts of Law) . discontinuous: counted from the day they ceased to be used b. Expiration of the term or fulfillment of the resolutory condition 3. unless there is agreement to the contrary 3. when the property is redeemed 9. To renounce the easement if he desires to exempt himself from contribution to necessary expenses 4. To ask for mandatory injunction to prevent impairment of his use of the easement  Obligations: 1. Ma. To make on the servient estate all the works necessary for the use and preservation of the servitude 3. continuous: counted from the day an act adverse to the exercise takes place 7. Contribute to the necessary expenses in case he uses the easement. A non-possessory right over an immovable 4. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). provided it be equally convenient  Obligations: 1. Annulment of the title to the servitude 5. in case of pacto de retro. by prescription of 10 years (continuous and apparent easements) 2. Sha Elijah Dumama(Sales and Lease). Redemption agreed upon 2.

Ligaya Alipao(Torts and Damages). in dividing fences. Ricasion Tugadi (Conflicts of Law) . No limitation as to use of the party wall for exclusive benefit of a party 3.San Beda College of Law 44 MEMORY AID a) must be imposed for reasons of public use b) must be in favor of a town or village c) indemnity must be paid EASEMENT OF AQUEDUCT  The right arising from a forced easement by virtue of which the owner of an estate who desires to avail himself of water for the use of said estate may make such waters pass through the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow. Sha Elijah Dumama(Sales and Lease). Owner may free himself from contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto  Presumptions of existence (juris tantum): 1.CHAIRPERSON: Vida Bocar. Shares of parties cannot be physically segregated but they can be physically identified Co-ownership Shares of the coowners can be divided and separated physically but before such division. Party Wall 1. There must be no adequate outlet to a public highway 3. Joyce Vidad  EDP: Alnaiza Hassiman. in ditches or drains between tenements Rebuttal of presumption:   CHAIRPERSON: Romuald Padilla  ASST. Ma. in adjoining walls of buildings. Isolation must not be due to the claimant’s own act 5. Christopher Cabigao(Credit Transactions). and these needs may vary from time to time (Encarnacion vs. There must be a demand for extinction coupled with tender of indemnity by the servient owner. Payment of proper indemnity  it is the needs of the dominant property which ultimately determine CIVIL LAW COMMITTEE IN CIVIL LAW  the width of the passage. and least onerous to the 3rd person d) payment of indemnity RIGHT OF WAY  The right granted to the owner of an estate which is surrounded by other estates belonging to other persons and without an adequate outlet to a public highway to demand that he be allowed a passageway throughout such neighboring estates after payment of proper indemnity  Requisites: 1. walls and live hedges of rural tenements 4. in dividing walls of gardens and yards (urban) 3. Alejandro Casabar(Property). a co-owner cannot point to any definite portion of the property as belonging to him None of the coowners may use the community property for his exclusive benefit Partial renunciation is allowed 2. NOTE: the extinction in NOT automatic. Right of way must be absolutely necessary 4. Ma. Rhodora Ferrer(Wills and Succession).  Character: apparent and continuous  Requisites: a) dominant owner must prove that he has the capacity to dispose of the water b) that the water is sufficient for the intended use c) that the course is most convenient. up to common elevation 2. John Stephen Quiambao(PAT). Special cause of extinction: the opening of a public road. CA. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). 195 SCRA 72). Easement must be established at the point least prejudicial to the servient estate 6. Ian Dominic Pua(Obligations and Contracts). or joining the dominant tenement to another with exit on a public road. Claimant must be an owner of enclosed immovable or one with real right 2. PARTY WALL  a common wall which separates 2 estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts. Anthony Purganan(LTD).

Santamaria. (30 cm each side) 2. at his expense b. John Stephen Quiambao(PAT). close the openings if the wall becomes a party wall b. Direct views: the distance of 2 METERS between the wall and the boundary must be observed 2. they cancel each other  Rights of part owners: 1. Anthony Purganan(LTD). negative – counted from the formal prohibition on the servient owner. Sha Elijah Dumama(Sales and Lease). bear the cost of construction d. upon payment of proper indemnity c. to make use of the wall in proportion to their respective interests. Rhodora Ferrer(Wills and Succession). and b. bear the increased expenses of preservation c. Alejandro Casabar(Property). by signs contrary to the existence of the servitude (Arts. to increase the height of the wall a. openings must be at the height of the joists. Modes of acquisition 1. opening must not be greater than 30 centimeters squared. give additional land. paying a proportionate share in the cost of the work and of the land covered by the increase Obligations of each part-owners: 1. block the light by building or erecting his own wall unless a servitude is acquired by title or prescription c. made on the ceiling or on the wall. to thicken the wall IN CIVIL LAW 2. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). it cannot exceed 1 foot sq. by prescription a. Christopher Cabigao(Credit Transactions). if necessary. to acquire half interest in any increase of thickness or height. Easement of view (jus prospectus) – the right to make openings or windows. does not give rise to prescription VOLUNTARY EASEMENTS  Constituted by the will of the parties  LIGHT AND VIEW 1. Easement of Light (jus luminum) right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. to contribute proportionately to the repair and maintenance unless he renounces his partownership 2. bear the cost of maintenance of the additions b.CHAIRPERSON: Vida Bocar. by contrary proof: 3. ask for the reduction of the opening to the proper size Restrictions as to views 1. It necessarily includes easement of light Restrictions on openings in one’s own wall when contiguous (less than 2m) to another’s tenement: 1. Ma. by title 2. 670 without formal prohibition. the abutting owner may: a.  Requisites: a. if one part owner raises the height of the wall. positive – counted from the time of the opening of the window. NOTE: mere non-observance of distances prescribed by Art. there must be an iron grating CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Ricasion Tugadi (Conflicts of Law) . resting buildings on it or inserting beams up to one-half of the wall’s thickness 2. Ligaya Alipao(Torts and Damages). Joyce Vidad  EDP: Alnaiza Hassiman. 660 & 661) NOTE: if the signs are contradictory. 21 Phil 132) 3. he must: a. title 2. Ma.San Beda College of Law 45 MEMORY AID 1. to enjoy the view through the estate of another and the power to prevent all constructions or work which would obstruct such view or make the same difficult. Ian Dominic Pua(Obligations and Contracts). near the ceiling (Choco vs. if it is through a party wall b. Oblique views: (walls perpendicular or at an angle to the boundary line) must not be less than 60cm from the boundary line to the nearest edge of the window NOTE: Any stipulation permitting lesser distances is void.

San Beda College of Law 46 MEMORY AID  or of a testator. or surroundings. 4. 2. Civil Action 2. of the aptitude and intent of persons. location. omission. value of destruction does not exceed P3. Ma. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). predial servitudes: a. Prosecution under the RPC or local ordinance 2. Public – affects the community or a considerable number of persons.000. prior demand. 2. as the result of the presence of a special condition of things. THEORY OF MODE AND TITLE  MODE is the specific cause which gives rise to them. Ma. This is the proximate cause of the acquisition. business or condition of property or anything else which: (ISAHO) 1.CHAIRPERSON: Vida Bocar. establishment. for the owner of the dominant estate b. Private – affects only a person or a small number of persons. Ian Dominic Pua(Obligations and Contracts). Civil Action 3. 4. Alejandro Casabar(Property). Extrajudicial Abatement Remedies against private nuisance: (CE) 1. Per se – nuisance at all times and under all circumstances regardless of location and surrounding. and 6. 2. or body of water. even if the child is technically a trespasser in the premises. Obstructs or interferes with the free passage to any public highway or street. Annoys or offends the senses. Anthony Purganan(LTD). Ricasion Tugadi (Conflicts of Law) . no breach of peace or unnecessary injury must be committed. Extrajudicial Abatement Extrajudicial Abatement  Requisites: 1. This is the remote cause of the acquisition. personal servitudes: for anyone capacitated to accept. if the owner ratifies it. Hinders or impairs the use of property. Sha Elijah Dumama(Sales and Lease). Remedies against public nuisance: (PCE) 1. 3. Joyce Vidad  EDP: Alnaiza Hassiman.  Classes: 1. prior demand has been rejected. 2.  NUISANCE  Any act. Rhodora Ferrer(Wills and Succession). John Stephen Quiambao(PAT). Injures/endangers the health or safety of others. Ligaya Alipao(Torts and Damages). but consent once given is not revocable Voluntary easements are established in favor of: 1. ALL must consent. nuisance must be specially injurious to the person affected. defies or disregards decency or morality. Shocks. for any other person having any juridical relation with the dominant estate. 3. Christopher Cabigao(Credit Transactions).  Doctrine of Attractive Nuisance:  One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play and who fails CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. approval by district health officer and assistance of local police. or 5. Per accidens – nuisance by reason of circumstances. 4. The owner possessing capacity to encumber property may constitute voluntary servitude. TITLE is the juridical justification for the acquisition or a transfer of ownership or other real right. 3. If there are various owners. IN CIVIL LAW to exercise ordinary care to prevent children from playing therewith or resorting thereto is liable to a child of tender years who is injured thereby. and of compliance with the conditions established by law. 5.

San Beda College of Law 47 MEMORY AID DIFFERENT MODES (and TITLES) of ACQUIRING OWNERSHIP Modes of acquiring ownership Titles of acquiring ownership IN CIVIL LAW A. Prescription 6. Real Tradition . Contract of the parties 6. Ma. Work which 2. Ma. actually or constructively.  Kinds: 1. and according the rules laid down by law. Death 5. Succession 7. Contract of the parties 5. transfer of fish to another breeding place without fraud or artifice TRADITION/DELIVERY  a mode of acquiring ownership as a consequence of certain contracts . Creation. finding of movables which do not have an owner 3. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). the thing seized must be corporeal personal property 3. there must be an intention to appropriate Specific instances: 1. Anthony Purganan(LTD). Alejandro Casabar(Property).actual delivery 2. the thing must be susceptible of appropriation by nature 4. the thing must be without an owner 5. under certain conditions 6.  Requisites: 1. by virtue of which.CHAIRPERSON: Vida Bocar. traditio brevi manu – when the vendee already has possession of the thing sold by virtue of another title d. includes discovery or Intellectual invention creation B. right transmitted should have OCCUPATION  a mode of acquiring ownership by the seizure of things corporeal which have no owner. Sha Elijah Dumama(Sales and Lease). finding of abandoned movables 4. Joyce Vidad  EDP: Alnaiza Hassiman. with the intention of acquiring them. Quasi-tradition – exercise of the right of the grantee with the consent of the grantor 4. Original Modes 1. Tradition 4. John Stephen Quiambao(PAT). Constructive Tradition a. Tradition by public instrument Requisites: 1. Condition of being without known owner 2. Ian Dominic Pua(Obligations and Contracts). traditio constitutum possessorium – when the vendor continues in possession of the thing sold not as owner but in some other capacity 3. Rhodora Ferrer(Wills and Succession). traditio symbolica – parties make use of a token or symbol to represent the thing delivered b. Existence of required conditions 4. Derivative modes 3. finding of hidden treasure   CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Christopher Cabigao(Credit Transactions). traditio longa manu – by mere consent of the parties if the thing sold cannot be transferred to the possession of the vendee at the time of the sale c. Occupation 1. Tradicion por ministerio de la ley – delivery by operation of law 6. Possession in the concept of owner 7. there must be seizure of a thing 2. the object is placed in the control and possession of the transferee. catching of pigeons without fraud or artifice 8. catching of domesticated animals that have escaped from their owners. Donation 5. Ricasion Tugadi (Conflicts of Law) . catching of swarm of bees that has escaped from its owner. Ligaya Alipao(Torts and Damages). Law 3. hunting and fishing 2. under certain conditions 7.

or the minister of the gospel who extended spiritual aid to him during the same period. transmission should be by just title 3. or to the church to which such priest belongs.San Beda College of Law 48 MEMORY AID previously existed in patrimony of the grantor the IN CIVIL LAW 2. Christopher Cabigao(Credit Transactions). Made to the priest who heard the confession of the donor during the latter’s last illness. or anyone claiming under them. Anthony Purganan(LTD). descendants or ascendants in consideration of his/her office. transmission should be manifested by some act which should be physical. As to perfection/extinguishment: a. he must have donative intent (animus donandi) 3. 748 and 749 of the Code Donation Mortis Causa Takes effect upon the death of the donor Title conveyed upon donor’s death Void if donor survives donee Always revocable Must comply with the formalities required by law for the execution Of wills   Classification: 1. Made to a physician. Sha Elijah Dumama(Sales and Lease). Ma. Ligaya Alipao(Torts and Damages). Alejandro Casabar(Property).gratuitous b. Rhodora Ferrer(Wills and Succession). Made to an attesting witness to the execution of donation. inter vivos b. mortis causa c. Made by a ward to the guardian before the approval of accounts. John Stephen Quiambao(PAT). Ma. symbolical or legal DONATION  an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it  Requisites: CIDA 1. associations or corporations not permitted by law to  CHAIRPERSON: Romuald Padilla  ASST. grantor and grantee should have intention and capacity to transmit and acquire 4. Made to relatives of such priest.CHAIRPERSON: Vida Bocar. parents. Ricasion Tugadi (Conflicts of Law) . or children. Joyce Vidad  EDP: Alnaiza Hassiman. donor must have capacity to make the donation 2. 7. if there is any. Made to a public officer or his/her spouse. etc. nurse. Generally irrevocable during donor’s lifetime 5. 6. As to consideration: a. 4. Made by individuals. Valid if donor survives donee 4. health officer or druggist who took care of the donor during his/her last illness. donee must accept or consent to the donation Essential features/elements of a true donation: a) Alienation of property by the donor during his lifetime. simple . Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). surgeon. 8. with a term 3. 3. which is accepted b) Irrevocability by the donor c) Intention to benefit the donee (animus donandi) d) Consequent impoverishment of the donor (diminution of his assets) c. 5. As to effectivity: a. with a condition c. Made between persons found guilty of the same criminal offense in consideration thereof. Title conveyed to the donee before the donor’s death 3. there must be delivery 4. remuneratory or compensatory – made on account of donee’s merits CIVIL LAW COMMITTEE Donations prohibited by law: 1. 9. propter nuptias 2. modal – imposes upon the donee a burden which is less than the value of the thing donated Donation Inter Vivos 1. within the 4th degree. Must comply with the formalities required by Arts. Ian Dominic Pua(Obligations and Contracts). 2. or to the spouse. Made by persons guilty of adultery or concubinage at the time of donation. Takes effect independently of the donor’s death 2. pure b.

in another public instrument. Ligaya Alipao(Torts and Damages). Anthony Purganan(LTD). or any act involving moral turpitude. they are entitled to equal portions. and noted in both deeds NOTE: Expression of gratitude to the donor without express acceptance was held a sufficient acceptance ( Cuevas vs Cuevas) LIMITATIONS ON DONATION OF PROPERTY 1. Joyce Vidad  EDP: Alnaiza Hassiman. Donation of immovable property: a. honor or property of the donor. or of his wife or children under his parental authority 2. donor is in bad faith 5. regardless of value b. Donation should not prejudice creditors 4. Rhodora Ferrer(Wills and Succession). With simultaneous delivery of property donated: i. and 2) those relatives entitled to support from him CIVIL LAW COMMITTEE IN CIVIL LAW 3) property sufficient to pay the donor’s debt contracted prior to the donation. donee may demand the delivery of the thing donated 2. if not otherwise specified. Future property cannot be donated. notified to the donor in authentic form. in the same instrument. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir. unless the contrary is stipulated Payment of the donor’s debt by the donee 1. Ma. Present property that can be donated: a) if the donor has forced heirs: he cannot give or receive by donation more than he can give of receive by will b) if the donor has no forced heirs: donation may include all present property provided he reserves in full ownership or in usufruct: 1) the amount necessary to support him. Without simultaneous delivery:  the donation and acceptance must be written in a public or private instrument. 3. if no stipulation is made to the contrary 2. but the donee answers only up to the value of the property donated. donation is onerous d. and 10. If there is express stipulation: the donee is to pay only debts contracted before the donation. in donations propter nuptias. Ricasion Tugadi (Conflicts of Law) . acceptance must be either: i.000 or less. donee is subrogated to the rights of the donor in the property 3. the donor must release the property from encumbrances. ACTS OF INGRATITUDE 1. it may be oral/written – P5.CHAIRPERSON: Vida Bocar. Ma. Ian Dominic Pua(Obligations and Contracts). Christopher Cabigao(Credit Transactions). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). regardless of value 2. 2. if value exceeds P5. If the donee should commit some offense against the person. must be in a public instrument specifying the property donated and the burdens assumed by donee. without accretion. EFFECTS OF DONATION 1. Donations of movable property: a. If there is no stipulation: the donee is answerable for the debts of the donor only in case of fraud against creditors. donation is propter nuptias c. If the donee imputes to the donor any criminal offense. or ii. expressed b. Forms of donations: 1. ii. donor’s warranty exists if a. Sha Elijah Dumama(Sales and Lease). unless the crime or act has been committed  CHAIRPERSON: Romuald Padilla  ASST.000 – written in public or private document b. Donee must reserve sufficient means for his support and for his relatives which are entitled to be supported by him.San Beda College of Law 49 MEMORY AID make donations. when the donation is made to several donees jointly. except servitudes 4. even though he should prove it. John Stephen Quiambao(PAT). Alejandro Casabar(Property).

Ian Dominic Pua(Obligations and Contracts). Extinctive Prescription – rights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. or bars the cause of action to enforce said right 6.one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. one does not look to the act of the possessor but to the neglect of the owner 2. Persons living abroad who have managers or administrators 4. It is presumed that the present possessor who was also the possessor at a previous time. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor 2. a. Extraordinary acquisitive prescription: acquisition of ownership and other real rights without need of title or of good faith or any other condition  Requisites: 1) capacity to acquire by prescription 2) a thing capable of acquisition by prescription 3) possession of thing under certain conditions 4) lapse of time provided by law 2. Acquisitive prescription . Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Ma. guardians or other legal representatives 2. Acquisitive prescription 1. except the state and its subdivision Persons against whom prescription does NOT run: 1. Ligaya Alipao(Torts and Damages). John Stephen Quiambao(PAT). The first day shall be excluded and the last day included Persons Against Whom Prescription runs: 1. should be affirmatively pleaded and proved to bar the action or claim of the adverse party 6.CHAIRPERSON: Vida Bocar. Alejandro Casabar(Property). Christopher Cabigao(Credit Transactions). Anthony Purganan(LTD). it is the possessor who is the actor 2. Good Faith 10 years 2. Ordinary acquisitive prescription: requires possession of things in good faith and with just title for the time fixed by law b. results in the acquisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another IN CIVIL LAW extinction of rights or bars a right of action 5. Rhodora Ferrer(Wills and Succession). Between husband and wife. Minors and other incapacitated persons who have parents. produces the CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. has continued to be in possession during the intervening time. Ma. relationship between the occupant and the land in terms of possession is capable of producing legal consequences. Joyce Vidad  EDP: Alnaiza Hassiman. vests ownership or other real rights in the occupant 5. Juridical persons. his wife or children under his authority 3. can be proven under the general issue without its being affirmatively pleaded Period of Prescription Movables 4 years 8 years Immovables 1. Bad Faith 30 years Rules on Computation of Period: 1. whether real or personal 4. applicable to ownership and other real rights 4. requires inaction of the owner or neglect of one with a right to bring his action 3. Sha Elijah Dumama(Sales and Lease). Absentees who have administrators 3. applies to all kinds of rights. unless there is proof to the contrary 3. results in the loss of a real or personal right. Refusal to support the donor PRESCRIPTION  Kinds: 1.San Beda College of Law 50 MEMORY AID against the donee himself. even though there be separation of property agreed upon in the marriage settlements or by judicial Extinctive prescription 1. requires possession by a claimant who is not the owner 3. Ricasion Tugadi (Conflicts of Law) .

CHAIRPERSON: Vida Bocar. Rhodora Ferrer(Wills and Succession). Ma. Between parents and children. Anthony Purganan(LTD). Ligaya Alipao(Torts and Damages). Ricasion Tugadi (Conflicts of Law) . Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Ma. appearance or adoption of a child  actions upon an injury to the rights of the plaintiff (not arising from contract)  actions under the eight hour labor law  actions to recover losses in gambling money claims as a consequence of employeremployee relationship  action to impugn legitimacy of a child if the husband or his heirs reside abroad b) 30 YEARS  real actions over immovables (but not foreclosure) without prejudice to the acquisition of ownership or real rights by acquisitive prescription h) 3 YEARS CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Between guardian and ward during the continuance of the guardianship Actions  to declare an inexistent or void contract  to quiet title  to demand a right of way  to bring an action for abatement of public nuisance  to demand partition in coownership  to enforce a trust  probate of a will  to recover possession of a registered land under the Land Registration Act by the registered owner Prescriptive period g) 4 YEARS Actions  action to revoke donations due to non-compliance of conditions  action to rescind partition of deceased’s estate on account of lesion  action to claim rescission of contracts  annulment of contracts for vice of consent  actions upon a quasi-delict  action to revoke or reduce donations based on birth. during the minority or insanity of the latter Prescriptive period a) Imprescriptible IN CIVIL LAW 3. Christopher Cabigao(Credit Transactions). Ian Dominic Pua(Obligations and Contracts).San Beda College of Law 51 MEMORY AID decree. John Stephen Quiambao(PAT). Sha Elijah Dumama(Sales and Lease). Alejandro Casabar(Property). Joyce Vidad  EDP: Alnaiza Hassiman. 2.

CHAIRPERSON: Vida Bocar. Joyce Vidad  EDP: Alnaiza Hassiman. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Ian Dominic Pua(Obligations and Contracts). Ma. John Stephen Quiambao(PAT). 1505 and 1133 j) 1 YEAR  action to impugn legitimacy of a child if the husband or his heirs are residing in the city or municipality of birth  forcible entry and unlawful detainer  Defamation  Revocation of donation on the ground of ingratitude  Rescission or for damages if immovable is sold with an apparent burdens or servitude  action for warranty of solvency in assignment of credits  actions for loss or damage to goods under the COGSA e) 6 YEARS  actions upon an oral (verbal) contract  actions upon a quasi-contract k) 6 MONTHS  actions for warranty against hidden defects or encumbrances over the thing sold CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Ligaya Alipao(Torts and Damages). 559. Alejandro Casabar(Property). Sha Elijah Dumama(Sales and Lease). Ricasion Tugadi (Conflicts of Law) . Rhodora Ferrer(Wills and Succession). Anthony Purganan(LTD). Ma.San Beda College of Law 52 MEMORY AID c) 10 YEARS  actions upon a written contract  actions upon an obligation created by law  actions upon a judgment from the time judgment becomes final  actions among co-heirs to enforce warranty against eviction in partition  Mortgage action i) 2 YEARS IN CIVIL LAW  action to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth d) 8 YEARS  action to recover movables without prejudice to acquisition of title for a shorter period or to the possessors title under Arts. Christopher Cabigao(Credit Transactions).

Ian Dominic Pua(Obligations and Contracts). Rhodora Ferrer(Wills and Succession). Ma. Ma. Sha Elijah Dumama(Sales and Lease). Ligaya Alipao(Torts and Damages). Alejandro Casabar(Property).CHAIRPERSON: Vida Bocar. Christopher Cabigao(Credit Transactions). John Stephen Quiambao(PAT). counted from the time the right of action accrues l) 40 DAYS IN CIVIL LAW  redhibitory action based on faults or defects of animals CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Anthony Purganan(LTD).San Beda College of Law 53 MEMORY AID f) 5 YEARS  action for annulment of marriages (except on the ground of insanity) and for legal separation counted from the occurrence of the cause  actions against the co-heirs for warranty of solvency the debtor in credits assigned in partition  action for the declaration of the incapacity of an heir (devisee or legatee) to succeed)  all other actions whose periods are not fixed by law. Joyce Vidad  EDP: Alnaiza Hassiman. Ricasion Tugadi (Conflicts of Law) . Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations).

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