OWNERSHIP

OWNERSHIP IN GENERAL
Art. 427. Ownership may be exercised over things or rights. (n)

OWNERSHIP
Independent and general right of a person to control a thing particularly in his possession, enjoyment,
disposition and recovery, subject to no restrictions except those imposed by the state or private persons, without
prejudice to the provisions of the law

KINDS OF OWNERSHIP
1.
2.
3.
4.

Full ownershipall rights of an owner

Naked ownershipownership where the right to the use and the fruits have been denied
Sole ownershipownership is only vested in one person
Co-ownership

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those
established by law.
The owner has also a right of action against the holder and possessor of the thing in order to recover
it. (348a)

7 RIGHTS OF AN OWNER UNDER ROMAN LAW

Jus possidendi -The right to possess
Jus utendi -The right to use
Jus fruendi -The right to the fruits
Jus abutendi -The right to consume
Jus disponendi -The right to dispose
Jus vindicandi -The right to recover
Jus accessiones -The right to accessories

ACTIONS TO RECOVER
1.

Replevin

2.

Accion interdictalforcible entry and unlawful detainer

3.

Accion publiciana

4.

Accion reinvidicatoria

5.

Writ of possession | writ of demolition

6.

Writ of preliminary injunction

REPLEVIN
An action or provisional remedy where the complainant prays for the recovery of the possession of PERSONAL
PROPERTY

FORCIBLE ENTRY
> Summary action to recover material or physical possession of real property when a person originally in
possession was deprived thereof by force, intimidation, strategy, threat or stealth
> Action must be brought within 1 year from the dispossession
> Issue involved is mere physical possession or possession de facto and not juridical possession nor ownership

UNLAWFUL DETAINER
> Action that must be brought when the possession by a landlord, vendor, vendee or other person of any
land or building is being unlawfully withheld after the expiration or termination of the right to hold possession, by
virtue of any contract, express or implied

>Action must be brought within one year from last demand letter

ACCION PUBLICIANA
> Recovery of the better right to possess, and is a plenary action in an ordinary civil proceeding before the RTC
>Must be brought within a period of 10 years otherwise the real right to possess is lost
> Issue is possession de jure

ACCION REINVIDICATORIA

> Action to recover ownership over real property

> Must be brought in the RTC
> It must be brought within 10 or 30 years as the case may be
> Issue involved is ownership and for this purpose, evidence of title or mode may be introduced
> It is permissible to file both an action for ownership and for detainer over the same land, and between
the same parties, because the issues involved are different

WRIT OF INJUNCTION
> A person deprived of his possession of real or personal property is ordinarily not allowed to avail himself of this
remedy, the reason being that the defendant in actual possession is presumed disputably to have the better
right

WRIT OF POSSESSION
> Used in connection with the Land Registration Law is an order directing the sheriff to place a successful
registrant under the Torrens system in possession of the property covered by a decree of the Court

OWNERSHIP HAS LIMITATIONS

1.
2.
3.

Those given by the State or the laws

Those given by the owner himself
Those given by the person who gave the right to its present owner

Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment
and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to
repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (n)

DOCTRINE OF SELF-HELP
> The right to counter force with force
> Comparable with self-defense under justifying circumstances in Criminal Law

Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or
dead hedges, or by any other means without detriment to servitudes constituted thereon. (388)
Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a
third person. (n)

NO INJURY TO RIGHTS OF THIRD PERSONS

> This is one of the fundamental bases of police power and constitutes a just restriction on the right of
ownership

Art. 432. The owner of a thing has no right to prohibit the interference of another with the same, if the
interference is necessary to avert an imminent danger and the threatened
damage, compared to the damage arising to the owner from the interference, is much greater. The owner
may demand from the person benefited indemnity for the damage to him. (n)

STATE OF NECESSITY
ANALOGOUS TO THE RULE UNDER CRIMINAL LAW
Any person who, in order to avoid an evil or injury, does an act which causes damage to another doesn't
incur criminal liability provided that the following requisites are present:
1. That the evil sought to be avoided actually exists
2. That the injury feared be greater than that done to avoid it
3. That there be no other practical or less harmful means of preventing it
Art. 433. Actual possession under claim of ownership raises disputable presumption of ownership. The
true owner must resort to judicial process for the recovery of the property. (n)

RULE OF EVIDENCE
REQUIREMENTS TO HAVE DISPUTABLE PRESUMPTION
1.

Actual possession of the property

2.

Claim of ownership

Art. 434. In an action to recover, the property must be identified, and the plaintif must rely on the
strength of his title and not on the weakness of the defendant's claim. (n)

REQUISITES IN AN ACTION TO RECOVER

1.
2.

Identity of the property

Strength of the plaintiffs title

Art. 435. No person shall be deprived of his property except by competent authority and for public
use and always upon payment of just compensation.
Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the
owner in his possession. (349a)

EMINENT DOMAIN V. EXPROPRIATION

- Eminent domain is the power of the state and expropriation is the proceeding
Art. 436. When any property is condemned or seized by competent authority in the interest of health,
safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such
condemnation or seizure is unjustified. (n)
Art. 437. The owner of a parcel of land is the owner of its surface and of everything under it, and he can
construct thereon any works or make any plantations and excavations which he may deem proper,
without detriment to servitudes and subject to special laws and ordinances. He cannot complain
the reasonable requirements of aerial navigation. (350a)

of

SURFACE RIGHT OF A LAND OWNER

Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is
found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its
subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a
trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science of the arts, the State may acquire them at their just price,
which shall be divided in conformity with the rule stated. (351a)
Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry,
or other precious objects, the lawful ownership of which does not appear. (352)

RULES REGARDING HIDDEN TREASURES

1.
2.
3.
4.
5.

If the treasure is not hidden, there is no 50-50 sharing

If the precious metals are in their raw state, it will be owned by the State by virtue of the Regalian doctrine
If the owner finds the treasure in his own land, he owns the treasure
If finder finds it not in his own land, there is 50-50 sharing with the owner of the land
If the finder is hired, then compensation or salary or fixed fee will be given to him

6.

If the finder is a trespasser, then he would not receive anything

2 SCHOOLS OF THOUGHT REGARDING BY CHANCE

1.
2.

If there is deliberate search, it is not to be construed as by chance

Even if there is a deliberate search, still by chance since there is uncertainity of finding a treasure