1

CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Ti t l e I PROPERTY
Classifiati!" (a!#$i"% t! &!'ilit())
1. Immovable real property
2. Movable personal property
Re*+isites)
1. Utility
2. Individuality/Substantivity
3. Susceptibility of appropriation
Real Ri%,ts
1. no passive subject claim against !ole orld
2. object is corporeal t!ing "obligation#
3. creates juridical relations t!roug! mode $ title
%. e&tinguis!ed t!roug! loss or destruction of t!ing
Pe#s!"al Ri%,ts
1. 'assive and active subject
2. (bject is an intangible t!ing "specific t!ing#
3. )reates juridical relations t!roug! title
%. *ot e&tinguis!ed t!roug! loss or destruction of t!ing
I&&!-a'le .#!.e#t(
1. By nature cannot be moved from place to place because of t!eir nature
a# land+ buildings $ all ,inds of constructions ad!ered to soil
b# mine+ -uarries
2. By incorporation essentially movables but attac!ed to an immovable t!at it
becomes an integral part of it
a# trees+ plants $ groing fruits ad!ered to soil
b# everyt!ing attac!ed to an immovable t!at it ill brea, if separated
c# statues+ paintings if intended by oner to be integral part of immovable
d# animal !ouses if intended by oner to become permanently attac!ed to
immovable
3. By destination movables but purpose is to parta,e of an integral part of an
immovable
a# mac!inery placed by oner of t!e tenement $ tend directly to meet t!e needs
of suc! or,s/industry
b# fertili.ers !en applied to soil
c# doc,s $ floating structures
%. By analogy/by law contracts for public or,s+ servitude $ ot!er real rig!ts over
immovable property
M!-a'le .#!.e#t(
1. susceptible of appropriation t!at are not included in enumeration in immovable
2. immovable t!at are designated as movable by special provision of la
3. forces of nature broug!t under control by science
%. t!ings /c can be transported /o impairment of real property !ere t!ey are
fi&ed
/. obligations !ic! involve demandable sums "credits#
0. s!ares of stoc,s of agricultural+ commercial $ industrial entities alt!oug! t!ey
may !ave real estate
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Classifiati!" !f M!-a'les
1. consumable cannot be utili.ed /o being consumed
2. non1consumable
Classifiati!" !f P#!.e#t( (a!#$i"% t! !/"e#s,i.))
1. 'ublic dominion
a# intended for public use
b# intended for public service of state+ provinces+ cities $ municipalities
)!aracteristics2
a# outside t!e commerce of men cannot be alienated or leased
b# cannot be ac-uired by private individual t!roug! prescription
c# not subject to attac!ment $ e&ecution
d# cannot be burdened by voluntary easement
2. 'rivate (ners!ip
a# patrimonial property of state+ provinces+ cities+ municipalities
1. e&ist for attaining economic ends of state
2. property of public dominion !en no longer intended for public
use/service declared patrimonial
b# property belonging to private persons individually or collectively
Ti t l e I I OWNERS0I P
C,a.te# 1) OWNERS0IP IN 1ENERAL
Defi"iti!"s !f O/"e#s,i.
Independent and general rig!t of a person to control a t!ing particularly in !is
possession+ enjoyment+ disposition+ and recovery+ subject to no restrictions e&cept
t!ose imposed by t!e state or private persons+ it!out prejudice to t!e provisions of
t!e la.
'oer of a person over a t!ing for purposes recogni.ed by la $ it!in t!e limits
establis!ed by la
Att#i'+tes)
1. 3us possidendi rig!t to possess
2. 3us utendi rig!t to enjoy
3. 3us fruendi rig!t to fruits
%. 3us abutendi rig!t to use and abuse
/. 3us disponendi rig!t to dispose
0. 3us vindicandi rig!t to e&clude ot!ers from possession of t!e t!ing
4ctions for possession2
1. movable replevin "return of a movable#
2. immovable
a# forcible entry used by person deprived of possession t!roug! violence+
intimidation "p!ysical possession+ 1 year unlaful deprivation#
b# unlaful detainer used by lessor/person !aving legal rig!t over property
!en lessee/person it!!olding property refuses to surrender possession of
property after e&piration of lease/rig!t to !old property "p!ysical possession+
1 year from unlaful deprivation#
c# accion publiciana plenary action to recover possession
d# accion reinvindicatoria recovery of dominion of property as oner
5. 'rinciple of self !elp self defense
6lements2
a# 'erson e&ercising rig!ts is oner or laful possessor
b# 7!ere is actual or t!reatened unlaful p!ysical invasion of !is property
c# Use force as may be reasonably necessary to repel or prevent it
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
4vailable only !en possession !as not yet been lost+ if already lost resort
to judicial process
May be e&ercised by 3
rd
person negotiorum gestio
8. 9ig!t to enclose or fence /o detriment to servitude constituted
:. 9ig!t to surface $ everyt!ing under it only as far as necessary for !is practical
interest "benefit or enjoyment#
1;. 9ig!t to !idden treasure found in on property
a# !idden and un,non movables /c consist of money or precious objects
b# oner is un,non
c# by c!ance if property oner is state < belongs to finder= also if in anot!er>s
property= t!e finder must not be trespasser
Li&itati!" !" O/"e#s,i.
1. general limitations for t!e benefit of t!e state "eminent domain+ police poer+
ta&ation#
2. specific limitations imposed by la "servitude+ easements#
3. specific limitations imposed by party transmitting oners!ip "ill+ contract#
%. limitations imposed by oner !imself "voluntary servitude+ mortgages+ pledges#
/. in!erent limitations arising from conflicts it! ot!er similar rig!ts "contiguity of
property#
0. oner cannot ma,e use of a t!ing !ic! s!all injure/prejudice rig!ts of 3
rd
persons "neig!bors#
5. acts in state of necessity la permits injury or destruction of t!ings oned by
anot!er provided t!is is necessary to avert a greater danger "it! rig!t to
indemnity vs. principle of unjust enric!ment#
8. true oner must resort to judicial process !en t!ing is in possession of
anot!er= la creates a disputable presumption of oners!ip to t!ose in actual
possession
a# identify property
b# s!o t!at !e !as better title
C,a.te# 2) RI10T O2 ACCESSION
Aessi!" oner of t!ing becomes oner of everyt!ing it may produce or t!ose
!ic! may be incorporated or united t!ereto
1. principle of justice
2. accessory follos t!e principal
Accession continua accession to products of t!e t!ing
Ri%,ts !f !/"e#s2 natural+ industrial $ civil fruits
e&ception2 possession in good fait! by anot!er+ usufruct+ lease+ antic!resis
O'li%ati!" !f !/"e#s)
a) I&&!-a'les a#eti!"
1. 4lluvion 1 oner of lands adjoining ban,s of river belongs t!e accretion
gradually received from effects of t!e ater?s current
9e-uisites2
a. deposit is gradual $ imperceptible
b. made t!roug! effects of current of ater
c. land !ere accretion ta,es place is adjacent to ban,s of river
9ig!ts of riparian oner
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
9ig!t to accretion ipso facto no need to ma,e an e&press act of
possession
2. 4vulsion transfer of a ,non portion of land from one tenement to anot!er
by force of current of aters
9ig!ts of riparian oner
a# 9ig!t to portion of land transferred if not claimed by oner it!in 2
years "prescription#
b# 9ig!t to trees uprooted if not claimed by oner /in 0 mont!s= subject
to reimbursement for necessary e&penses for gat!ering t!em $
putting t!em in safe place
3. )!ange of river bed
9ig!t of oner of land occupied by ne river course
1. 9ig!t to old bed ipso facto in proportion to area lost
2. (ner of adjoining land to old bed s!all !ave rig!t to ac-uire t!e
same by paying its value value not to e&ceed t!e value of area
occupied by ne bed
3. @ormation of island in non1navigable river
a# oner of margin nearest to islands formed if nearest to it
b# oner of bot! margins if island is in t!e middle "divided into
!alves longitudinally#
%. building+ planting $ soing
Aeneral 9ule !atever is built+ planted or son belongs to oner of land=
presumption is oner made t!em at !is e&pense
6&ception2 contrary is proven
9ig!t of oner of material
1. 9ig!t to be indemnified or paid of value of property by oner of land
2. 9ig!t to remove materials if !e can do so /o injury to or, constructed if
oner !as not paid
3. 9ig!t to damages and demolition even if it! injury to or, if oner of
land is in bad fait!
9ig!t of oner !en anot!er builds+ plants or sos in !is land2 "(B*69 $
CUIDE69 C(7F I* A((E @4I7F#
1. 4ppropriate as !is on after paying for indemnity
2. (blige t!e planter+ builder to pay for price of land or rent+ e&cept !en
value of lands is greater t!an t!ing built convert to rent
9ig!t of Cuilder in good fait! before payment of indemnity of oner in good
fait!
1. 9ig!t to retain land $ building
2. 9ig!t not to be compelled to pay for rent
3. 9ig!t of retention ceases !en obliged to pay for value of and if !e fails
to do so
9ig!t of oner in good fait! !en builder is in bad fait!
1. 9ig!t to appropriate !at !as been built /o paying indemnity
2. (rder demolition of building
3. )ompel t!e builder to pay for price of land or rent
%. 9ig!t to damages
9ig!t of builder in bad fait! !en oner is in good fait!
9ig!t to be reimbursed for necessary e&penses for preservation of land
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
9ig!t of Cuilder in good fait! !en oner is in bad fait!
1. 9ig!t to indemnity for value of building
2. 9ig!t to damages
3. 9ig!t to demolis! /o payment of indemnity
Cad fait! on bot! builder $ oner in pari delicto "no cause of action vs.
eac! ot!er#
9ig!t of 3
rd
person !o ons materials
1. 9ig!t to be indemnified for value of materials irrespective of good fait! or
bad fait! of builder or oner= if builder !as no property+ oner is
subsidiarily liable
2. B!en builder is in bad fait! $ oner in good fait! $ oner compel builder
to remove improvements+ oner is not subsidiarily liable
3. B!en 3
rd
person is paid by builder+ builder may demand from landoner
t!e value of labor $ materials
') M!-a'les
1. )onjunction / adjunction 2 movable t!ings !ic! belong to different oners
are united to form a single object
7est to determine /c one is t!e principal2
a. t!at to /c t!e ot!er intended to be united as ornament or for its use
of perfection
b. value
c. volume
9ig!ts2
1. If bot! are in good fait! oner of principal ac-uired t!e accessory
it! indemnification
2. If bot! are in good fait! may separate t!em if no injury ill be
caused= if value of accessory is greater t!an principal+ oner of
accessory may demand separation even if damages ill be caused to
t!e principal "e&penses to be borne by one !o caused t!e
conjunction#
3. If oner of accessory is in bad fait! oner of accessory it!
damages to principal
%. If oner of principal is in bad fait! oner of accessory s!all !ave
option of principal paying value of accessory or removal of accessory
despite destruction of principal
/. (ner of accessory or principal !as rig!t to indemnity !en t!ing
adjuncts /o !is consent may demand t!at a t!ing e-ual is ,ind+
value and price
2. Specification (ne employs t!e materials of anot!er in !ole or in part on
order to ma,e a t!ing of a different ,ind= transformation
9ig!ts2
1. If person !o made t!e transformation is in good fait! 1 !e s!all
appropriate t!e t!ing transformed as !is on it! indemnity to oner
of material for its value
2. If material is more precious t!an transformed t!ing oner of material
may appropriate t!e ne t!ing to !imself after indemnity paid to labor
or demand indemnity for materials
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
3. If person !o made t!e transformation is in bad fait!+ oner of
material s!all appropriate t!e or, to !imself /o paying ma,er or
demand indemnity for value of materials $ damages
%. If transformed t!ing is more valuable t!an material+ oner of material
cannot appropriate
3. )ommi&tion / confusion 2 t!ings of t!e same or different ,inds are mi&ed $
are not separable /o injury
9ig!ts2
1. If bot! oners are in good fait! 6ac! oner s!all ac-uire a rig!t
proportional to t!e part belonging to !im "vis1a1vis t!e value of t!e
t!ings mi&ed or confused#
2. If one oner is in bad fait! !e s!all lose t!e t!ing belonging to !im
plus indemnity for damages caused to oner of ot!er t!ing mi&ed it!
!is t!ing
3. If bot! in bad fait! no cause of action against eac! ot!er
C,a.te# 3) 45IETIN1 O2 TITLE
Reas!"s)
1. prevent litigation
2. protect true title $ possession
3. real interest of bot! parties !ic! re-uires t!at precise state of title be ,non
Ati!" t! *+iet title
put end to ve&atious litigation in respect to property involved= plaintiff asserts !is
on estate $ generally declares t!at defendant>s claim is /o foundation
!en proper2
1. contract !as been e&tinguis!ed or terminated
2. contract !as prescribed
3. remove cloud
Ati!" t! #e&!-e l!+$
intended to procure cancellation+ delivery+ release of an instrument+
encumbrance+ or claim constituting a on plaintiff>s title !ic! may be used to
injure or ve& !im in t!e enjoyment of !is title
)loud any instrument !ic! is inoperative but !as semblance of title
9e-uisites2
1. 'laintiff must !ave legal or e-uitable interest
2. *eed not be in possession of property
3. 9eturn to defendant all benefits received !e !o ants justice must do
justice
C,a.te# 6) R5INO5S B5ILDIN1S AND TREES IN DAN1ER O2 2ALLIN1
Lia'ilit( f!# $a&a%es)
1. collapse engineer+ arc!itect or contractor
2. collapse resulting from total or partial damage= no repair made oner= state
may compel !im to demolis! or ma,e necessary or, to prevent if from falling
3. if no action done by government at e&pense of oner
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Ti t l e I I I ) CO7 OWNERS0I P
C!7!/"e#s,i.
a# plurality of subjects many oners
b# unity of material "indivision# of object of oners!ip
c# recognition of ideal s!ares
Ca+ses8S!+#es)
1. la
2. contracts
3. succession
%. fortuitous event/c!ance commi&tion
/. occupancy 2 persons catc! a ild animal
Disti"%+is,e$ f#!& .a#t"e#s,i.
a# partners!ip created only by agreement= co1oners!ip !as many sources
b# purpose of partners!ip is to obtain profit= co1oners!ip is collective enjoyment of
a t!ing
c# in partners!ip t!ere is juridical personality distinct from individuals+ none in co1
oners!ip
d# partners!ip can be created for more t!an 1; years+ not in co1oners!ip
e# partners cannot transfer rig!ts /o consent of ot!er co1partners+ not co1
oners!ip
f# partners!ip e&tinguis!ed !en partner dies+ not in co1oners!ip
g# distribution of profits in partners!ips may be stipulated+ t!is is not fle&ible in co1
oners!ip but depends on ideal s!are/interest
Ri%,ts !f !7!/"e#s
1. 9ig!t to benefits proportional to respective interest= stipulation to contrary is void
2. 9ig!t to use t!ing co1oned
a. for purpose for !ic! it is intended
b. it!out prejudice to interest of oners!ip
c. it!out preventing ot!er co1oners from ma,ing use t!ereof
3. 9ig!t to c!ange purpose of co1oners!ip by agreement
%. 9ig!t to bring action in ejectment in be!alf of ot!er co1oner
/. 9ig!t to compel co1oners to contribute to necessary e&penses for preservation
of t!ing and ta&es
0. 9ig!t to e&empt !imself from obligation of paying necessary e&penses and ta&es
by renouncing !is s!are in t!e pro1indiviso interest= but can>t be made if
prejudicial to co1oners!ip
5. 9ig!t to ma,e repairs for preservation of t!ings can be made at ill of one co1
oner= receive reimbursement t!erefrom= notice of necessity of suc! repairs
must be given to co1oners+ if practicable
8. 9ig!t to full oners!ip of !is part and fruits
:. 9ig!t to alienate+ assign or mortgage on part= e&cept personal rig!ts li,e rig!t to
use and !abitation
1;. 9ig!t to as, for partition anytime
11. 9ig!t of pre1emption
12. 9ig!t of redemption
13. 9ig!t to be adjudicated t!ing "subject to rig!t of ot!ers to be indemnified#
1%. 9ig!t to s!are in proceeds of sale of t!ing if t!ing is indivisible and t!ey cannot
agree t!at it be allotted to one of t!em
D+ties8Lia'ilities
1. S!are in c!arges proportional to respective interest= stipulation to contrary is void
2. 'ay necessary e&penses and ta&es may be e&ercised by only one co1oner
3. 'ay useful and lu&urious e&penses if determined by majority
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
%. Euty to obtain consent of all if t!ing is to be altered even if beneficial= resort to
court if non1consent is manifestly prejudicial
/. Euty to obtain consent of majority it! regards to administration and better
enjoyment of t!e t!ing= controlling interest= court intervention if prejudicial
appointment of administrator
0. *o prescription to run in favor co1oner as long as !e recogni.es t!e co1
oners!ip= re-uisites for ac-uisition t!roug! prescription
a. !e !as repudiated t!roug! une-uivocal acts
b. suc! act of repudiation is made ,non to ot!er co1oners
c. evidence must be clear and convincing
5. )o1oners cannot as, for p!ysical division if it ould render t!ing unserviceable=
but can terminate co1oners!ip
8. 4fter partition+ duty to render mutual accounting of benefits and reimbursements
for e&penses
:. 6very co1oner liable for defects of title and -uality of portion assigned to eac! of
t!e co1oner
Ri%,ts !f 3
#$
.a#ties
1. creditors of assignees may ta,e part in division and object if being effected
it!out t!eir concurrence+ but cannot impugn unless t!ere is fraud or made
notit!standing t!eir formal opposition
2. non1intervenors retain rig!ts of mortgage and servitude and ot!er real rig!ts
and personal rig!ts belonging to t!em before partition as made
Ti t l e V) POSSESSI ON
P!ssessi!" !olding of a t!ing or enjoyment of a rig!t
1. occupancy actual or constructive "corpus#
2. intent to possess "animus#
0!/ a*+i#e$)
a. material occupation possession as a fact
1. p!ysical
2. constructive 1 tradicion brevi manu "one !o possess a t!ing s!ort of title
of oner lease #=
tradicion constitutum possesorium "oner alienates t!ing but continues to
possess depositary+ pledgee+ tenant#
cannot be recogni.ed at t!e same time in 2 different personalities e&cept co1
possession
-uestion arise regarding fact of possession
1. present possessor preferred
2. 2 possessors one longer in possession
3. dates of possession t!e same one !o presents a title
%. bot! !ave titles judicial resolution
b. subject to action of our ill1 possession as a rig!t
1. tradicion simbolica delivering object or symbol of placing t!ing under
control of transferee ",eys#
2. tradicion longa manu pointing out to transferee t!e t!ings !ic! are
being transferred
c. proper acts and legal formalities establis!ed for ac-uiring rig!ts donation+ sale
W,at a" 'e s+'9et !f .!ssessi!" t!ings or rig!ts !ic! are susceptible of
being appropriated
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
De%#ees !f .!ssessi!")
1. !olding /o title and in violation of rig!t of oner
2. possession it! juridical title but not t!at of oner
3. possession it! just title but not from true oner
%. possession it! just title from true oner
Classes !f !/"e#s,i.)
1. in concept of oner oner !imself or adverse possessor
6ffects2
a. may be converted into oners!ip t!roug! ac-uisitive prescription
b. bring actions necessary to protect possession
c. as, for inscription of possession
d. demand fruits and damages from one unlafully detaining property
2. in concept of !older usufruct+ lessee+ bailee
3. in oneself personal ac-uisition
a. !e must !ave capacity to ac-uire possession
b. intent to possess
c. possibility to ac-uire possession
%. in name of anot!er agent= subject to aut!ority and ratification if not aut!ori.ed=
negotiorum gestio
a. representative !as intention to ac-uire for anot!er and not for !imself
b. person from !om it is ac-uired !as intention of possessing it
/. in good fait! not aare t!at t!ere e&ist fla in title or mode /c invalidates it=
mista,e upon doubtful -uestion of la= alays presumed= it may be interrupted
by e&traneous evidence or suit for recovery of property of true oner
0. in bad fait! aare of defect
P!ssessi!" t,#!+%, s+essi!"
1. possession of !ereditary property is deemed transmitted /o interruption from
moment of deat! " if accepted# and if not accepted " deemed never to !ave
possessed t!e same #
2. one !o succeeds by !ereditary title s!all not tac, t!e bad fait! of predecessors
in interest e&cept !en !e is aare of flas affecting title= but effects of
possession in good fait! s!all not benefit !im e&cept from date of deat! of
decedent.
Mi"!#s8 I"a.aitate$
may ac-uire material possession but not rig!t to possession= may only ac-uire t!em
t!roug! guardian or legal representatives
A*+isiti!"
1. cannot be ac-uired t!roug! force or intimidation !en a possessor objects
t!ereto resort to courts
2. t!e folloing do not affect acts of possession " not deemed abandonment of
rig!ts #= possession not interrupted
a. acts merely tolerated
b. clandestine and un,non acts
c. acts of violence
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Ri%,ts !f .!ssess!#)
1. 9ig!t to be respected in !is possession= if disturbed protected by means
establis!ed by la= spoliation
2. 'ossession ac-uired and enjoyed in concept of oner can serve as title for
ac-uisitive prescription
a. 'ossession !as to be in concept of oner+ public+ peaceful and
uninterrupted
b. 7itle s!ort of oners!ip
3. 'erson in concept of oner !as in !is favor t!e legal presumption of just title
"prima facie#
%. 'ossession of real property presumes t!at movables are included
/. )o1possessors deemed to !ave e&clusively possessed part !ic! may be
allotted to !im= interruption in !ole or in part s!all be to t!e prejudice of all
0. 'ossessor in good fait! entitled to fruits received before possession is legally
interrupted " natural and industrial gat!ered or severed= civil accrue daily #
5. 'ossessor in good fait! entitled to part of net !arvest and part of e&penses of
cultivation if t!ere are natural or industrial fruits " proportionate to time of
possession #= oner !as option to re-uire possessor to finis! cultivation and
gat!ering of fruits and give net proceeds as indemnity for !is part of e&penses= if
possessor in good fait! refuses barred from indemnification in ot!er manner
8. 'ossessor !as rig!t to be indemnified for necessary e&penses !et!er in good
fait! or in bad fait!= 'ossessor in good fait! !as rig!t of retention over t!ing
unless necessary e&penses paid by oner
:. 'ossessor in good fait! !as rig!t to be reimbursed for useful e&penses it! rig!t
of retention= oner !as option of paying e&penses or paying t!e increase in value
of property !ic! t!ing ac-uired by reason of useful e&penses
1;. 'ossessor in good fait! may remove improvements if can be done /o damage
to principal t!ing1 unless oner e&ercises option of paying= possessor in bad fait!
not entitled.
11. 'ossessor in good fait! and bad fait! may not be entitled to payment for
lu&urious e&pense but may remove t!em provided principal is not injured
provided oner does not refund t!e amount e&pended
12. Improvements caused by nature or time to inure to t!e benefit of person !o !as
succeeded in recovering possession
13. Bild animals possessed !ile in one>s control= domesticated possessed if t!ey
retain !abit of returning bac, !ome
1%. (ne !o recovers+ according to la+ possession unjustly lost is deemed to !ave
enjoyed it /o interruption
Lia'ilities8$+ties !f P!ssess!#
1. 9eturn of fruits if in bad fait! fruits legitimate possessor could !ave received
2. Cear cost of litigation
3. 'ossessor in good fait! not liable for loss or deterioration or loss e&cept !en
fraud and negligence intervened
%. 'ossessor in bad fait! liable for loss or deterioration even if caused by fortuitous
event
/. 'erson !o recovers possession not obliged to pay for improvements !ic!
!ave ceased to e&ist at time of occupation
L!ss !f .!ssessi!")
1. abandonment of t!e t!ing renunciation of rig!t= intent to lose t!e t!ing
2. assignment made to anot!er by onerous or gratuitous title
3. destruction or total loss of t!e t!ing or t!ing ent out of commerce
%. possession of anot!er if ne possession lasted longer t!at 1 year " possession
as a fact#= real rig!t of possession not lost e&cept after 1; years
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CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
N!t l!st)
1. 6ven for time being !e may not ,no t!eir !ereabouts+ possession of movable
is not deemed lost
2. B!en agent encumbered property it!out e&press aut!ority e&cept !en
ratified
3. 'ossession may still be recovered2
a. Unlafully deprived or lost
b. 4c-uired at public sale in good fait! it! reimbursement
c. 'rovision of la enabling t!e apparent oner to dispose as if !e is oner
d. Sale under order of t!e court
e. 'urc!ases made at merc!ant stores+ fairs or mar,ets
f. *egotiable document of title
P!ssessi!" is e*+i-ale"t t! title
a. possession is in good fait!
b. oner !as voluntarily parted it! t!e possession of t!e t!ing
1. possessor is in concept of an oner
Ti t l e VI ) 5S52R5CT
5s+f#+t rig!t to enjoy anot!er>s property it! correlative duty of preserving its
form and substance
a. t!ings movable/immovable
b. rig!ts provided it is not strictly personal
:i"$s)
1. legal 1 parents over c!ildren
2. voluntary contracts+ ills
3. mi&ed prescription
%. total
/. partial
0. simultaneous
5. successive
8. pure
:. conditional
1;. Bit! a term
Ri%,ts !f +s+f#+t+a#()
1. 9ig!t to civil+ natural $ industrial fruits of property
2. 9ig!t to !idden treasure as stranger
3. 9ig!t to transfer usufructuary rig!ts gratuitous or onerous= but is co1terminus
it! term of usufruct= fruits proportionate at duration of usufruct= but can>t do acts
of oners!ip suc! as alienation or conveyance e&cept !en property is2
a. consumable
b. intended for sale
c. appraised !en delivered= if not appraised $ consumable return same
-uality (mutuum)
%. 9ig!t not e&empt from e&ecution and can be sold at public auction by oner
/. *a,ed oner still !ave rig!ts but /o prejudice to usufructuary= may still e&ercise
act of oners!ip bring action to preserve
0. 9ig!t to fruits groing at time usufruct begins= groing fruits at termination of
usufruct belongs to oner
5. 9ig!t to necessary e&penses from cultivation at end of usufruct
8. 9ig!t to enjoy accessions $ servitudes in its favor $ all benefits in!erent t!erein
:. 9ig!t to ma,e use of dead trun,s of fruit bearing trees $ s!rubs or t!ose
uprooted/cut by accident but obliged to plant ane
12
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
1;. 9ig!t of usufructuary of oodland ordinary cutting as oner does !abitually or
custom of place= cannot cut don trees unless it is for t!e restoration of
improvement of t!ings in usufruct must notify oner first
11. 9ig!t to leave dead+ uprooted trees at t!e disposal of oner it! rig!t to demand
t!at oner s!ould clear $ remove t!em if caused by calamity or e&traordinary
event impossible to replace t!em
12. 9ig!t to oblige oner to give aut!ority $ furnis! !im proofs if usufruct is
e&tended to recover real property or real rig!t
13. 9ig!t to necessary e&penses
1%. 9ig!t to introduce useful $ lu&urious e&penses but it! no obligation of
reimbursement on part of oner= may remove improvement if can be done /o
damage
1/. 9ig!t to set1off improvements against damages !e made against t!e property
10. 9ig!t to administer !en property is co1oned= if co1oners!ip cease usufruct
of part allotted to co1oner belongs to usufructuary not affected
15. 9ig!t to demand t!e increase in value of property if oner did not spend for
e&traordinary repairs !en urgent $ necessary for preservation of t!ing
Ri%,ts !f "a;e$ !/"e#
1. 4lienate t!ing
2. )an>t alter form or substance
3. )an>t do anyt!ing prejudicial to usufructuary
%. )onstruct any or,s G ma,e any improvement provided it does not diminis!
value or usufruct or prejudice rig!t of usufructuary
O'li%ati!"s !f +s+f#+t+a#()
1. 'ay e&penses to 3rd persons for cultivation $ production at beginning of usufruct=
!ose !o !ave rig!t to fruits s!ould reimburse e&penses incurred
2. Aenerally+ usufructuary !as no liability !en due to ear $ tear+ t!ing
deteriorates+ obliged to return in t!at state= e&cept !en t!ere is fraud or
negligence+ t!en !e s!all be liable
3. Cefore entering into usufructuary22
a# *otice of inventory of property "appraisal of movables $ description#
b# 'osting of security
1. not applicable to parents !o are usufructuary of c!ildren e&cept !en
2
nd
marriage contracted
2. e&cused alloed by oner+ not re-uired by la or no one ill be injured
failure to give security2 oner may demand t!at2
a. immovables be placed under administration
b. *I can be converted into registered certificates or deposited in ban,
c. )apital $ proceeds of sale of movables be invested in safe securities
d. Interest on proceeds or property under admin belong to usufructuary
e. (ner may retain property as administrator / obligation to deliver
fruits to usufructuary until !e gives sufficient security
f. 6ffect of security is retroactive to day !e is entitled to fruits
%. 7a,e care of property as a good fat!er of family
/. Diable for negligence $ fault of person !o substitute !im
0. If usufruct is constituted on animals duty bound to replace dead animals t!at
die from natural causes or became prey= if all of t!em peris! /o fault but due to
contagious disease / uncommon event deliver remains saved= if peris! in part
due to accident continue on remaining portion= if on sterile animals as if
fungible replace same ,ind $ -uality
5. (bliged to ma,e ordinary repairs ear $ tear due to natural use of t!ing and
are indispensable for preservation= oner may ma,e t!em at e&pense of
usufructuary during e&istence of usufruct
8. (bliged to ma,e e&penses due to !is fault= cannot escape by renouncing
usufruct
:. 'ay legal interest from e&traordinary e&penses made by oner
1;. 'ayment of e&penses+ c!arges $ ta&es affecting fruits
13
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
11. 'ayment of interest on amount paid by oner c!arges on capital
12. (bliged to notify oner of act of 3
rd
person prejudicial to rig!ts of oners!ip !e
is liable if !e does not do so for damages as if it as caused t!roug! !is on
fault
13. 6&penses+ cost $ liabilities in suits broug!t it! regard to usufructuary borne by
usufructuary
O'li%ati!"s !f !/"e#
1. e&traordinary e&penses= usufructuary obliged to inform oner !en urgent is t!e
need to ma,e t!em
2. e&penses after renunciation of usufruct
3. ta&es $ e&penses imposed directly on capital
%. if property is mortgaged+ usufructuary !as no obligation to pay mortgage= if
attac!ed+ oner to be liable for !atever is lost by usufructuary
/. if property is e&propriated for public use oner obliged to eit!er replace it or
pay legal interest to usufructuary of net proceeds of t!e same
E<ti"%+is,&e"t !f +s+f#+t
1. deat! of usufructuary unless contrary intention appears
2. e&piration of period of usufruct
3. merger of usufruct $ oners!ip
%. renunciation of usufructuary e&press
/. total loss of t!ing
0. termination of rig!t of person constituting usufruct
5. prescription use by 3
rd
person

loss in part remaining part s!all continue to be !eld in usufruct
usufruct cannot be constituted in favor of a ton+ )orp or assoc. for more t!an /;
years
usufruct constituted on immovable !ereby a building is erected 1 $ building is
destroyed rig!t to ma,e use of land $ materials
if oner is!es to construct a ne building pay usufructuary t!e value of
interest of land $ materials
bot! s!are in insurance if bot! pays premium= if only oner t!en proceeds ill
go to oner only
effect if bad use of t!e t!ing oner may demand t!e delivery of and
administration of t!e t!ing it! responsibility to deliver net fruits to usufructuary
at termination of usufruct2
t!ing to be delivered to oner it! rig!t of retention for ta&es $ e&traordinary
e&penses /c s!ould be reimbursed
security of mortgage s!all be cancelled
BOO: III= DI22ERENT MODES O2 AC45IRIN1 OWNERS0IP
Diffe#e"t M!$es !f a*+i#i"% !/"e#s,i.)
1# (ccupation
2# Eonation
3# 'rescription
%# Succession
/# 7radition
M(E6 'ro&imate cause of oners!ip " sales+ donation#
7I7D6 9emote cause of oners!ip= merely constituted t!e means
1%
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
OCC5PATION
1. 7!ere s!ould be a corporeal t!ing "tangible# !ic! must !ave a HcorpusI "body# $
t!at t!ing s!ould !ave no oner
2. 7!ere must be actual occupancy= t!ing must be subjected to one>s
control/disposition
3. 7!ere must e an intention to occupy
%. 4ccomplis!ed according to legal rules
What are the things susceptible to occupation?
t!ings t!at are /o oner res nullius= abandoned
stolen property cannot be subject of occupation
animals t!at are t!e object of !unting $ fis!ing
,inds of animals2
a# ild considered res nullius !en not yet captured= !en captured
$ escaped become res nullius again
b# domesticated animals originally ild but !ave been captured $ tamed=
no belong to t!eir capturer= !as !abit of returning to premises of oner=
becomes res nullius if t!ey lose t!at !abit of returning $ regain t!eir
original state of freedom
c# domestic/tame animals born $ ordinarily raised under t!e care of
people= become res nullius !en abandoned by oner
!idden treasure "only !en found on t!ings not belonging to anyone#
abandoned movables
A"i&als)
a# Sarm of bees
- oner s!all !ave rig!t to pursue t!em to anot!er>s land "oner to identify
latter for damages+ if any#
- land oner s!all occupy/retain t!e bees if after 2 days+ oner did not
pursue t!e bees
b.# Eomesticated animals
- may be redeemed it!in 2; days from occupation of anot!er person= if no
redemption made+ t!ey s!all pertain to t!e one !o caug!t t!em
c# 'igeons $ fis!
- !en t!ey go to anot!er breeding place+ t!ey s!all be oned by t!e ne
oner provided t!ey are not enticed
M!-a'les)
1# 7reasure found on anot!er>s property
- consist of "1# money+ precious objects $ 2# !idden $ oner is un,non
- finding must be by c!ance in order t!at stranger may be entitled to < of
t!e treasure
2# Movable found /c is not treasure
- must be returned to oner
- if finder retains t!e t!ing found may be c!arged it! t!eft
- if oner is un,non+ give to mayor= mayor s!all announce finding of t!e
movable for 2 ee,s in ay !e deems best
- of oner does not appear 0 mont!s after publication+ t!ing found s!all be
aarded to finder
- if oner appears+ !e is obliged to pay 1/1; of value of property to finder
as price
- if movable is peris!able or cannot be ,ept /o deterioration or /o
e&penses it s!all be sold at public auction 8 days after t!e publication
What cannot be acquired by occupation
(ners!ip of a piece of land
because !en a land is it!out an oner+ it pertains to t!e state
land t!at does not belong to anyone is presumed to be public land
1/
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
but !en a property is private and it is abandoned can be object of occupation
PRESCRIPTION
mode by !ic! one ac-uires oners!ip and ot!er real rig!ts t!ru lapse of time= also
a means by !ic! one loses oners!ip+ rig!ts $ actions= retroactive from t!e
moment period began to run
:i"$s)
1. 4c-uisitive
2. 6&tinctive
Who may acquire by prescription:
a. person !o are capable of ac-uiring property by ot!er legal modes
b. S7476
c. minors t!roug! guardians of personally
4gainst !om prescription run2
1. minors $ incapacitated person !o !ave guardians
2. absentees !o !ave administrators
3. persons living abroad !o !ave administrators
%. juridical persons e&cept t!e state it! regards to property not patrimonial in
c!aracter
/. beteen !usbands $ ife
0. beteen parents $ c!ildren "during minority/insanity#
5. beteen guardian $ ard "during guardians!ip#
8. beteen co1!eirs/co1oners
:. beteen oner of property $ person in possession of property in concept of
!older
7!ings subject to prescription2 all t!ings it!in t!e commerce of men
a. private property
b. patrimonial property of t!e state
7!ings not subject to prescription2
1. public domain
2. in transmissible rig!ts
3. movables possessed t!roug! a crime
%. registered land
9enunciation of prescription2
persons it! capacity to alienate may renounce prescription already obtained but
not t!e rig!t to prescribe in t!e future
may be e&press or tacit
prescription is deemed to !ave been tacitly renounced= renunciation results from
t!e acts /c imply abandonment of rig!t ac-uired
creditors $ persons interested in ma,ing prescription effective may avail
t!emselves notit!standing e&press or tacit renunciation
PRESCRIPTION O2 OWNERS0IP > OT0ER REAL RI10TS
Jinds of 4c-uisitive prescription
1. ordinary
2. e&tra1ordinary
9e-uisites for ordinary prescription2
1. possession in good fait!
2. just title
3. it!in time fi&ed by la
10
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
% years for movables
8 years for immovables
%. in concept of an oner
/. public+ peaceful+ uninterrupted
9e-uisites for e&tra1ordinary prescription2
1. just title is proved
2. it!in time fi&ed by la
1; years for movables
3; years for immovables
3. in concept of an oner
%. public+ peaceful+ uninterrupted
A((E @4I7F
9easonable belief t!at person !o transferred t!ing is t!e oner $ could validly
transmit oners!ip
Must e&ist t!roug!out t!e entire period re-uired for prescription
3US7 7I7D6 "79U6 $ K4DIE# must be proved $ never presumed
a# Titulo Colorado 1
b# Titulo putativo 1
title must be one !ic! ould !ave been sufficient to transfer oners!ip if
grantor !ad been t!e oner
t!roug! one of t!e modes of transferring oners!ip but t!ere is vice/defect in
capacity of grantor to transmit oners!ip
I* )(*)6'7 (@ (B*69
possession not by mere tolerance of oner but adverse to t!at of t!e oner
claim t!at !e ons t!e property
'UCDI)+ '64)6@UD $ U*I*7699U'76E
Must be ,non to t!e oner of t!e t!ing
4c-uired $ maintained /o violence
Uninterrupted "no act of deprivation by ot!ers# in t!e enjoyment of property
I*7699U'7I(*
a# *atural
- t!roug! any cause+ possession ceases for more t!an 1 year
- if 1 year of less as if no interruption
b# civil
- produced by judicial summons= e&cept
1. void for lac, of legal solemnities
2. plaintiff desist from complaint/allo proceedings to lapse
3. possessor is absolved from complaint
b# e&press or tacit renunciation
c# possession in artime
9UD6S I* )(M'U747I(* (@ '69I(E2
a. 'resent possessor may tac, !is possession to t!at of !is grantor or predecessor
in interest
b. 'resent possessor presumed to be in continuous possession I intervening time
unless contrary is proved
c. @irst day e&cluded+ last day included
15
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
18
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
74)JI*A '69I(E
t!ere must be privity beteen previous $ present possessor
possible !en t!ere is succession of rig!ts
if c!aracter of possession different2
predecessor in bad fait! possessor in good fait! use e&traordinary
prescription
PRESCRIPTION O2 ACTIONS
Cy lapse of time fi&ed by la
30 (ea#s
- action over immovables from time possession is lost
10 (ea#s
- mortgage action
- upon ritten contract
- upon obligation created by la
- upon a judgement
? (ea#s
- action to recover movables from time possession is lost
@ (ea#s
- upon an oral contract
- upon a -uasi1contract
A (ea#s
- actions !ere periods are not fi&ed by la
6 (ea#s
- upon injury to rig!ts of plaintiff
- upon a -uasi1delict
1 (ea#
- for forcible entry $ detainer
- for defamation
9ig!ts not e&tinguis!ed by prescription2
1. demand rig!t of ay
2. abate public /private nuisance
3. declare contract void
%. recover property subject to e&pressed trust
/. probate of a ill
0. -uiet title
DONATION
)!aracteristics2
a# Unilateral obligation imposed on t!e donor
b# )onsensual perfected at time donor ,nos of acceptance
9e-uisites of Eonation2
1. 9eduction in patrimony of donor
2. Increase in patrimony of donee
3. Intent to do act of liberality
%. Eonor must be oner of property donated
9e-uirements of a donation2
1. subject matter anyt!ing of value= present property $ not future+ must not impair
legitime
2. causa anyt!ing to support a consideration2 generosity+ c!arity+ goodill+ past
service+ debt
1:
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
3. capacity to donate $ dispose $ accept donation
%. form depends on value of donation
Jinds of Eonation according to 6ffectivity2
Eonation Inter Kivos Eonation Mortis )ausa
Eisposition and acceptance to ta,e effect
during lifetime of donor and donee
Eisposition !appens upon t!e deat! of
donor
4lready pertains to t!e donee unless t!ere
is a contrary intent
6ven if t!ere is a term of effectivity and
effectivity is upon t!e deat! of t!e donor+
still entitled to fruits
@ormalities re-uired 1 follo la on
donations and certain ,inds of donations $
la on obligations and contracts
"suppletory#
@ormalities re-uired 1 follo la on
succession to be valid+ and donation must
be in t!e form of a ill
Irrevocable at t!e instance of t!e donor=
may be revo,ed only by reasons provided
by la
9evocable ad mutuum "e&clusive ill of
donor#
9evo,ed only for reasons provided for by
la "e&cept onerous donations#
Ae.ta"e
a# acceptance must be made personally or t!ru agent
b# donation may be made orally or in riting
movable2
/+;;; $ belo may be oral or ritten+ if oral it must be it!
simultaneous delivery of t!ing/document $
acceptance need not be in riting
above /+;;; 1 must be ritten and accepted also in riting
immovable 1 must be in a public instrument $ acceptance must also be in a
public instrument "in same instrument or in ot!er instrument#
In case of doubt it! regards to nature of donation2 inter vivos
Ba$%es !f mortis causa)
1. 7itle remains it! donor "full or na,ed oners!ip#$ conveyed only upon deat!
2. Eonor can revo,ed ad mutuum
3. 7ransfer is void if transferor survives transfer
:i"$s !f $!"ati!" INTER VIVOS
1# pure/simple
2# remuneratory
3# conditional
%# onerous
2;
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
'ure/Simple 9emuneratory )onditional (nerous
a) C!"si$e#ati!"
Merits of donee Diberality or merits of
donee or burden/
c!arge of past services
provided t!ey do not
constitute demandable
debt
Kaluable
consideration is
imposed but value is
less t!an value of
t!ing donated
Kaluable
consideration
given
') la/ t! a..l(8
f!#&s
Da on donations Da on donations 6&tent of burden Da on
obligations
imposedLoblicon
e&cessLdonation
) f!#& !f
ae.ta"e
9e-uired 9e-uired 9e-uired 9e-uired
$) #ese#-ati!"
/8#e%a#$s t!
.e#s!"al s+..!#t
> le%iti&e
4pplicable 4pplicable 4pplicable *ot 4pplicable
e) /a##a"t(
a%ai"st e-iti!" >
,i$$e" $efets
In bad fait! only In bad fait! only In bad fait! only 4pplies
f) #e-!ati!"
4pplicable 4pplicable 4pplicable 4pplicable
B!o may give donations
1 4ll persons !o may contract and dispose of t!eir property
B!o may accept donations2
1. natural $ juridical persons /c are not especially dis-ualified by la
2. minors $ ot!er incapacitated
a# by t!emselves
- if pure $ simple donation
- if it does not re-uire ritten acceptance
b# by guardian+ legal representatives if needs ritten acceptance
1. natural guardian not more t!an /;+;;;
2. court appointed 1 more t!an /;+;;;
3. conceived $ unborn c!ild+ represented by person !o ould !ave been
guardian if already born
B!o are dis-ualified to donate2
1. guardians $ trustees it! respect to property entrusted to t!em
2. !usband $ ife
3. beteen paramours/persons guilty of adultery
%. beteen parties guilty of same criminal offense
/. made to public officers+ ife+ descendant+ ascendant
(t!er persons dis-ualified to receive donations2
1. priest !o !eard confession of donor during !is last illness
2. relatives of priest it!in %
t!
degree+ c!urc!+ order+ community !ere priest
belongs
3. p!ysician+ nurse+ etc. !o too, care of donor during !is last illness
%. individuals+ corporations+ associations not permitted
21
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
What may be given:
4ll or part of donor>s present property provided !e reserves sufficient means for
t!e support of t!e ff2
a# !imself
b# relatives !o by la are entitled to !is support
c# legitimes s!all not be impaired
!en /o reservation or if inofficious+ may be reduced on petition of persons
affected
e&cept2 conditional donation $ donation mortis causa
e&cept2 future property
E(UCD6 E(*47I(*S2
9ule2 'riority in time+ priority in rig!t
1. If movable one !o first ta,e possession in good fait!
2. If immovable one !o recorded in registry of property in good fait!
1 no inscription+ one !o first too, possession in good fait!
1 in absence t!ereof+ one !o can present oldest title
96K()47I(* (@ E(*47I(*S
applies only to donation inter vivos
not applicable to onerous donations
Bit! regards to donations made by person it!out c!ildren or descendants at time
of donation2
1. If donor s!ould !ave legitimate+ legitimated or illegitimate c!ildren
2. If c!ild came out to be alive $ not dead contrary to belief of donor
3. If donor subse-uently adopts a minor c!ild
4ction for revocation based on failure to comply it! condition in case of conditional
donations
4ction for revocation by reason of ingratitude
1. Eonee commits offense against person+ !onor+ property of donor+ spouse+
c!ildren under !is parental aut!ority
2. Eonee imputes to donor any criminal offense or any cat involving moral turpitude
even if !e s!ould prove it unless act/crime !as been committed against donee
!imself+ spouse or c!ildren under !is parental aut!ority
3. Eonee unduly refuses to give support to donor !en legally or morally bound to
give support to donor
BIRT0 O2 C0ILD NON725L2ILLMENT O2
CONDITION
IN1RATIT5DE
Ipso jure revocation+ no
need for action.+ court
decision is merely
declaratory
needs court action needs court action
6&tent2 portion !ic! may
impair legitime of !eirs
6&tent2 !ole portion but
court may rule partial
revocation only
6&tent2 B!ole portion
returned
'roperty must be returned 'roperty in e&cess 'roperty to be returned
22
CI VI L LAW ( PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
4lienation/mortgages done
prior to recording in
9egister of Eeeds2
If already sold or cannot be
returned t!e value must
be returned
If mortgaged donor may
redeem t!e mortgage it!
rig!t to recover from donee
4lienations/mortgages
imposed are void unless
registered it! 9egister of
Eeeds
'rior ones are void=
demand value of property
!en alienated and can>t be
recovered or redeemed
from 3
rd
persons
@ruits to be returned at
filing of action for
revocation
@ruits to be returned at
filing of complainant
'rescription of action is %
years from birt!+ etc.
'rescription is % years from
non1fulfilment
'rescription is 1 year from
,noledge of fact and it
as possible for !im to
bring action
4ction cannot be
renounced
4ction cannot be
renounced in advance
9ig!t of action transmitted
to !eirs
9ig!t of action at instance
of donor but may be
transmitted to !eirs
Feirs can>t file action
4ction e&tends to donee>s
!eirs
4ction does not e&tend to
donee>s !eirs
E<e.ti!" t! #+le !" i"t#a"s&issi'ilit( !f ati!" /it, #e%a#$s t! #e-!ati!" $+e
t! i"%#atit+$e)
1. personal to t!e donor= general rule is !eir cannot institute if donor did not institute
2. !eirs can only file in t!e ff cases2
a# donor !as instituted proceedings but dies before bringing civil action for
revocation
b# donor already instituted civil action but died+ !eirs can substitute
c# donee ,illed donor or !is ingratitude caused t!e deat! of t!e donor
d# donor died /o !aving ,non t!e ingratitude done
e# criminal action filed but abated by deat!
3. can only ma,e !eirs of donee liable if complaint as already filed !en donee
died
I"!ffii!+s $!"ati!"s)
1. s!all be reduced it! regards to t!e e&cess
2. action to reduce to be filed by !eirs !o !ave rig!t to legitimate at time of
donation
3. donees/creditors of deceased donor cannot as, for reduction of donation
%. if t!ere are 2 or more donation2 recent ones s!all be suppressed
/. if 2 or more donation at same time treated e-ually $ reduction is pro rata but
donor may impose preference !ic! must be e&pressly stated in donation