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8679440-property-ma-copy

8679440-property-ma-copy

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C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Title I – PROPERTY

• Classification (according to mobility): 1. Immovable – real property 2. Movable – personal property • Requisites: 1. Utility 2. Individuality/Substantivity 3. Susceptibility of appropriation • Real Rights 1. no passive subject – claim against whole world 2. object is corporeal thing (obligation) 3. creates juridical relations through mode & title 4. extinguished through loss or destruction of thing  e.g. Registration  Real rights arises from (OPLUMEPARP) 1. Ownership 6) Easement 2. Possession 7) Pledge 3. Lease 8) Antichresis 4. Usufruct 9) Redemption 5. Mortgage 10) Preemption • Personal Rights 1. Passive and active subject 2. Object is an intangible thing (specific thing) 3. Creates juridical relations through title 4. Not extinguished through loss or destruction of thing  E.g. Action to recover sum of money or debt • Immovable property 1. By nature – cannot be moved from place to place because of their nature a) land, buildings & all kinds of constructions adhered to soil b) mine, quarries

2. By incorporation – essentially movables but attached to an immovable that it
becomes an integral part of it a) trees, plants & growing fruits adhered to soil b) everything attached to an immovable that it will break if separated c) statues, paintings if intended by owner to be integral part of immovable d) animal houses if intended by owner to become permanently attached to immovable

3. By destination – movables but purpose is to partake of an integral part of an
immovable

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C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
a) machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry b) fertilizers – when applied to soil c) docks & floating structures

4. By analogy/by law – contracts for public works, servitude & other real rights
over immovable property • Movable property 1. susceptible of appropriation that are not included in enumeration in immovable 2. immovable that are designated as movable by special provision of law 3. forces of nature brought under control by science 4. things w/c can be transported w/o impairment of real property where they are fixed 5. obligations which involve demandable sums (credits) 6. shares of stocks of agricultural, commercial & industrial entities although they may have real estate • Classification of Movables 1. consumable – cannot be utilized w/o being consumed 2. non-consumable • Classification of Property (according to ownership): 1. Public dominion – a) intended for public use b) intended for public service of state, provinces, cities & municipalities  Characteristics: a) outside the commerce of men – cannot be alienated or leased b) cannot be acquired by private individual through prescription c) not subject to attachment & execution d) cannot be burdened by voluntary easement 2. Private Ownership – a) patrimonial property of state, provinces, cities, municipalities 1. exist for attaining economic ends of state 2. property of public dominion when no longer intended for public use/service – declared patrimonial b) property belonging to private persons – individually or collectively

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C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Title II – OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL • Definitions of Ownership

 Independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law.  Power of a person over a thing for purposes recognized by law & within the limits established by law • Attributes:

1. Jus possidendi – right to possess 2. Jus utendi – right to enjoy 3. Jus fruendi – right to fruits 4. Jus abutendi – right to use and abuse 5. Jus disponendi – right to dispose 6. Jus vindicandi – right to exclude others from possession of the thing
Actions for possession: 1. movable – replevin (return of a movable) 2. immovable – a) forcible entry – used by person deprived of possession through violence, intimidation (physical possession, 1 year unlawful deprivation)

b) unlawful detainer – used by lessor/person having legal right over property
when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation)

c) accion publiciana – plenary action to recover possession d) accion reinvindicatoria – recovery of dominion of property as owner 7. Principle of self help – self defense
Elements: a) Person exercising rights is owner or lawful possessor b) There is actual or threatened unlawful physical invasion of his property c) Use force as may be reasonably necessary to repel or prevent it  Available only when possession has not yet been lost, if already lost – resort to judicial process

 May be exercised by 3rd person – negotiorum gestio

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the finder must not be trespasser • Limitation on Ownership 1. specific limitations imposed by party transmitting ownership (will. limitations imposed by owner himself (voluntary servitude.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 8. true owner must resort to judicial process – when thing is in possession of another. acts in state of necessity – law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity – vs. Right to hidden treasure found in own property a) hidden and unknown movables w/c consist of money or precious objects b) owner is unknown c) by chance – if property owner is state – ½ belongs to finder. contract) 4. law creates a disputable presumption of ownership to those in actual possession a) identify property b) show that he has better title Chapter 2: RIGHT OF ACCESSION • Accession – owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto 1. specific limitations imposed by law (servitude. lease. easements) 3. inherent limitations arising from conflicts with other similar rights (contiguity of property) 6. accessory follows the principal • • Accession continua – accession to products of the thing Rights of owners: natural. Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment) 10. also if in another’s property. pledges) 5. police power. principle of unjust enrichment) 8. taxation) 2. antichresis • Obligation of owners: a) Immovables – accretion 4 . general limitations for the benefit of the state (eminent domain. usufruct. mortgages. principle of justice 2. industrial & civil fruits exception: possession in good faith by another. Right to enclose or fence w/o detriment to servitude constituted 9. owner cannot make use of a thing which shall injure/prejudice rights of 3 rd persons (neighbors) 7.

planted or sown belongs to owner of land. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters  Rights of riparian owner a) Right to portion of land transferred if not claimed by owner within 2 years (prescription) b) Right to trees uprooted if not claimed by owner w/in 6 months. made through effects of current of water c. subject to reimbursement for necessary expenses for gathering them & putting them in safe place 3. building. Change of river bed  Right of owner of land occupied by new river course 1. Right to old bed ipso facto in proportion to area lost 2. planting & sowing • General Rule – whatever is built. Formation of island in non-navigable river a) owner of margin nearest to islands formed – if nearest to it b) owner of both margins – if island is in the middle (divided into halves longitudinally) 4. deposit is gradual & imperceptible b. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed 3. Alluvium .owner of lands adjoining banks of river belongs the accretion gradually received from effects of the water's current  Requisites: a. land where accretion takes place is adjacent to banks of river  Rights of riparian owner Right to accretion ipso facto – no need to make an express act of possession 2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid 3.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. Right to damages and demolition even if with injury to work if owner of land is in bad faith 5 . presumption is owner made them at his expense  Exception: contrary is proven  Right of owner of material 1. Right to be indemnified or paid of value of property by owner of land 2.

C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001  Right of owner when another builds. Right to appropriate what has been built w/o paying indemnity 2. Right to retain land & building 2. Right of retention ceases when obliged to pay for value of and if he fails to do so  Right of owner in good faith when builder is in bad faith 1. if builder has no property. When builder is in bad faith & owner in good faith & owner compel builder to remove improvements. builder may demand from landowner the value of labor & materials b) Movables 6 . owner is not subsidiarily liable 3. owner is subsidiarily liable 2. Oblige the planter. Right to be indemnified for value of materials irrespective of good faith or bad faith of builder or owner. builder to pay for price of land or rent. Right not to be compelled to pay for rent 3. plants or sows in his land:  OWNER & BUILDER BOTH IN GOOD FAITH 1. Right to indemnity for value of building 2. Right to damages 3. each other)  Right of 3rd person who owns materials 1. When 3rd person is paid by builder. Appropriate as his own after paying for indemnity 2. Right to damages  Right of builder in bad faith when owner is in good faith Right to be reimbursed for necessary expenses for preservation of land  Right of Builder in good faith when owner is in bad faith 1. Compel the builder to pay for price of land or rent 4. Order demolition of building 3. except when value of lands is greater than thing built – convert to rent  Right of Builder in good faith before payment of indemnity of owner in good faith 1. Right to demolish w/o payment of indemnity  Bad faith on both builder & owner – in pari delicto (no cause of action vs.

Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent – may demand that a thing equal is kind. If owner of accessory is in bad faith – owner of accessory with damages to principal 4. If person who made the transformation is in bad faith.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. If both are in good faith – may separate them if no injury will be caused. value and price 2. volume  Rights: 1. Specification – One employs the materials of another in whole or in part on order to make a thing of a different kind. Commixtion / confusion – 2 things of the same or different kinds are mixed & are not separable w/o injury  Rights: 7 . that to w/c the other intended to be united as ornament or for its use of perfection b. If person who made the transformation is in good faith . If both are in good faith – owner of principal acquired the accessory with indemnification 2. if value of accessory is greater than principal. transformation  Rights: 1. owner of material cannot appropriate 3. owner of accessory may demand separation even if damages will be caused to the principal (expenses to be borne by one who caused the conjunction) 3. If transformed thing is more valuable than material. owner of material shall appropriate the work to himself w/o paying maker or demand indemnity for value of materials & damages 4. Conjunction / adjunction – 2 movable things which belong to different owners are united to form a single object  Test to determine w/c one is the principal: a.he shall appropriate the thing transformed as his own with indemnity to owner of material for its value 2. value c. If material is more precious than transformed thing – owner of material may appropriate the new thing to himself after indemnity paid to labor or demand indemnity for materials 3. If owner of principal is in bad faith – owner of accessory shall have option of principal paying value of accessory or removal of accessory despite destruction of principal 5.

real interest of both parties which requires that precise state of title be known • Action to quiet title  put end to vexatious litigation in respect to property involved. collapse resulting from total or partial damage. delivery. prevent litigation 2. contract has been extinguished or terminated 2. Plaintiff must have legal or equitable interest 2. If both owners are in good faith – Each owner shall acquire a right proportional to the part belonging to him (vis-a-vis the value of the things mixed or confused) 2. If both in bad faith no cause of action against each other Chapter 3: QUIETING OF TITLE • Reasons: 1. protect true title & possession 3. encumbrance.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. contract has prescribed 3. if no action – done by government at expense of owner 8 . Need not be in possession of property 3. state may compel him to demolish or make necessary work to prevent if from falling 3. collapse – engineer. plaintiff asserts his own estate & generally declares that defendant’s claim is w/o foundation  when proper: 1. no repair made – owner. release of an instrument. or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title  Cloud – any instrument which is inoperative but has semblance of title  Requisites: 1. remove cloud • Action to remove cloud  intended to procure cancellation. architect or contractor 2. Return to defendant all benefits received – he who wants justice must do justice Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING • Liability for damages: 1. If one owner is in bad faith – he shall lose the thing belonging to him plus indemnity for damages caused to owner of other thing mixed with his thing 3.

C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 9 .

Right to change purpose of co-ownership by agreement 4. succession 4. not in co-ownership g) distribution of profits in partnerships may be stipulated. Right to bring action in ejectment in behalf of other co-owner 5. occupancy – 2 persons catch a wild animal • Distinguished from partnership a) partnership created only by agreement. contracts 3. without preventing other co-owners from making use thereof 3. for purpose for which it is intended b. co-ownership has many sources b) purpose of partnership is to obtain profit. without prejudice to interest of ownership c. fortuitous event/chance – commixtion 5. co-ownership is collective enjoyment of a thing c) in partnership there is juridical personality distinct from individuals. stipulation to contrary is void 2. law 2. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes 10 . not coownership f) partnership extinguished when partner dies. this is not flexible in coownership but depends on ideal share/interest • Rights of co-owners 1. not in co-ownership e) partners cannot transfer rights w/o consent of other co-partners.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Title III: CO-OWNERSHIP • Co-ownership a) plurality of subjects – many owners b) unity of material (indivision) of object of ownership c) recognition of ideal shares • Causes/Sources: 1. Right to use thing co-owned a. none in coownership d) partnership can be created for more than 10 years. Right to benefits proportional to respective interest.

if practicable 8. notice of necessity of such repairs must be given to co-owners. Right to be adjudicated thing (subject to right of others to be indemnified) 14. Duty to obtain consent of majority with regards to administration and better enjoyment of the thing. he has repudiated through unequivocal acts b. Pay necessary expenses and taxes – may be exercised by only one co-owner 3. assign or mortgage own part. Share in charges proportional to respective interest. resort to court if non-consent is manifestly prejudicial 5. Every co-owner liable for defects of title and quality of portion assigned to each of the co-owner 11 . but can’t be made if prejudicial to co-ownership 7. Pay useful and luxurious expenses – if determined by majority 4. Right to make repairs for preservation of things can be made at will of one coowner. After partition. Right to alienate. but can terminate co-ownership 8. Duty to obtain consent of all if thing is to be altered even if beneficial. such act of repudiation is made known to other co-owners c.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 6. court intervention if prejudicial – appointment of administrator 6. receive reimbursement therefrom. Right of redemption 13. Right to full ownership of his part and fruits 9. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one of them • Duties/Liabilities 1. evidence must be clear and convincing 7. stipulation to contrary is void 2. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest. except personal rights like right to use and habitation 10. No prescription to run in favor co-owner as long as he recognizes the coownership. duty to render mutual accounting of benefits and reimbursements for expenses 9. Right of pre-emption 12. Co-owners cannot ask for physical division if it would render thing unserviceable. requisites for acquisition through prescription a. Right to ask for partition anytime 11. controlling interest.

tradicion simbolica – delivering object or symbol of placing thing under control of transferee (keys) 2. proper acts and legal formalities established for acquiring rights – donation. both have titles – judicial resolution b. intent to possess (animus) • How acquired: a. pledgee. 2 possessors – one longer in possession 3. creditors of assignees may take part in division and object if being effected without their concurrence. non-intervenors – retain rights of mortgage and servitude and other real rights and personal rights belonging to them before partition was made T i t l e V: P O S S E S S I O N • Possession – holding of a thing or enjoyment of a right 1. subject to action of our will. but cannot impugn unless there is fraud or made notwithstanding their formal opposition 2. tradicion longa manu – pointing out to transferee the things which are being transferred c. occupancy – actual or constructive (corpus) 2.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 • Rights of 3rd parties 1. tenant)  cannot be recognized at the same time in 2 different personalities except copossession  question arise regarding fact of possession 1. material occupation – possession as a fact 1.possession as a right 1. constructive – tradicion brevi manu (one who possess a thing short of title of owner – lease ). present possessor preferred 2. dates of possession the same – one who presents a title 4. tradicion constitutum possesorium (owner alienates thing but continues to possess – depositary. sale • What can be subject of possession – things or rights which are susceptible of being appropriated 12 . physical 2.

person from whom it is acquired has intention of possessing it 5. in concept of holder – usufruct. in good faith – not aware that there exist flaw in title or mode w/c invalidates it. subject to authority and ratification if not authorized. may be converted into ownership through acquisitive prescription b. in concept of owner – owner himself or adverse possessor Effects: a. 13 . but effects of possession in good faith shall not benefit him except from date of death of decedent. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title. in bad faith – aware of defect • Possession through succession 1. always presumed. intent to possess c. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same ) 2. possibility to acquire possession 4. mistake upon doubtful question of law.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 • Degrees of possession: 1. holding w/o title and in violation of right of owner 2. demand fruits and damages from one unlawfully detaining property 2. representative has intention to acquire for another and not for himself b. negotiorum gestio a. lessee. he must have capacity to acquire possession b. possession with juridical title but not that of owner 3. it may be interrupted – by extraneous evidence or suit for recovery of property of true owner 6. possession with just title from true owner • Classes of ownership: 1. ask for inscription of possession d. in oneself – personal acquisition a. in name of another – agent. possession with just title but not from true owner 4. bring actions necessary to protect possession c. bailee 3.

Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 • Minors/ Incapacitated may acquire material possession but not right to possession. Co-possessors deemed to have exclusively possessed part which may be allotted to him. Possession of real property presumes that movables are included 5. possession not interrupted a. 14 . Possession has to be in concept of owner. Possessor in good faith has right of retention over thing unless necessary expenses paid by owner 9. interruption in whole or in part shall be to the prejudice of all 6. Title short of ownership 3. clandestine and unknown acts c. spoliation 2. Possessor in good faith has right to be reimbursed for useful expenses with right of retention. Person in concept of owner has in his favor the legal presumption of just title (prima facie) 4. public. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession ). the following do not affect acts of possession ( not deemed abandonment of rights ). owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses. if disturbed – protected by means established by law. may only acquire them through guardian or legal representatives • Acquisition 1. peaceful and uninterrupted b. acts of violence • Rights of possessor: 1. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription a. cannot be acquired through force or intimidation when a possessor objects thereto – resort to courts 2. civil – accrue daily ) 7. acts merely tolerated b. Right to be respected in his possession. if possessor in good faith refuses – barred from indemnification in other manner 8. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial – gathered or severed.

possession unjustly lost is deemed to have enjoyed it w/o interruption • Liabilities/duties of Possessor 1. real right of possession not lost except after 10 years • Not lost: 1. Bear cost of litigation 3. One who recovers. Possession may still be recovered: a. Sale under order of the court e. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession 13. Purchases made at merchant stores. Return of fruits if in bad faith – fruits legitimate possessor could have received 2. domesticated – possessed if they retain habit of returning back home 14. Provision of law enabling the apparent owner to dispose as if he is owner d. Even for time being he may not know their whereabouts.unless owner exercises option of paying. assignment made to another by onerous or gratuitous title 3. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them provided principal is not injured – provided owner does not refund the amount expended 12. fairs or markets 15 . When agent encumbered property without express authority – except when ratified 3. abandonment of the thing – renunciation of right. intent to lose the thing 2. Unlawfully deprived or lost b. Possessor in good faith may remove improvements if can be done w/o damage to principal thing. Acquired at public sale in good faith – with reimbursement c. Person who recovers possession not obliged to pay for improvements which have ceased to exist at time of occupation • Loss of possession: 1. destruction or total loss of the thing or thing went out of commerce 4. possession of another if new possession lasted longer that 1 year ( possession as a fact). possessor in bad faith not entitled. Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence intervened 4. Wild animals possessed while in one’s control. according to law. 11.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 owner has option of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses 10. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event 5. possession of movable is not deemed lost 2.

natural & industrial fruits of property 2. consumable b.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 f. voluntary – contracts. things – movable/immovable b. pure 9. but can’t do acts of ownership such as alienation or conveyance except when property is: a. Negotiable document of title Possession is equivalent to title a. possession is in good faith b. wills 3. successive 8. partial 6. mixed – prescription 4.parents over children 2. rights – provided it is not strictly personal • Kinds: 1. if not appraised & consumable – return same quality (mutuum) 4. appraised when delivered. Right to transfer usufructuary rights – gratuitous or onerous. owner has voluntarily parted with the possession of the thing 1. Right to hidden treasure as stranger 3. Right to civil. but is co-terminus with term of usufruct. conditional 10. fruits proportionate at duration of usufruct. legal . total 5. Right not exempt from execution and can be sold at public auction by owner 16 . intended for sale c. simultaneous 7. With a term • Rights of usufructuary: 1. possessor is in concept of an owner • Title VI: USUFRUCT • Usufruct – right to enjoy another’s property with correlative duty of preserving its form and substance a.

Right to necessary expenses 14. if co-ownership cease – usufruct of part allotted to co-owner belongs to usufructuary – not affected 17. Right to necessary expenses from cultivation at end of usufruct 8. Construct any works and make any improvement provided it does not diminish value or usufruct or prejudice right of usufructuary • Obligations of usufructuary: 1. then he shall be liable 3.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 5. cannot cut down trees unless it is for the restoration of improvement of things in usufruct – must notify owner first 11. Right to set-off improvements against damages he made against the property 16. Can’t do anything prejudicial to usufructuary 4. usufructuary has no liability when due to wear & tear. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner. uprooted trees at the disposal of owner with right to demand that owner should clear & remove them – if caused by calamity or extraordinary event – impossible to replace them 12. whose who have right to fruits should reimburse expenses incurred 2. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right 13. Alienate thing 2. may still exercise act of ownership –bring action to preserve 6. Can’t alter form or substance 3. growing fruits at termination of usufruct belongs to owner 7. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct. Right of usufructuary of woodland – ordinary cutting as owner does habitually or custom of place. Right to fruits growing at time usufruct begins. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein 9. except when there is fraud or negligence. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent & necessary for preservation of thing • Rights of naked owner 1. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew 10. obliged to return in that state. Generally. Right to leave dead. Right to administer when property is co-owned. Naked owner still have rights but w/o prejudice to usufructuary. thing deteriorates. Before entering into usufructuary: a) Notice of inventory of property (appraisal of movables & description) b) Posting of security 17 . may remove improvement if can be done w/o damage 15.

Payment of interest on amount paid by owner charges on capital 12. owner may make them at expense of usufructuary – during existence of usufruct 8. Liable for negligence & fault of person who substitute him 6. taxes & expenses imposed directly on capital 4. immovables be placed under administration b. NI can be converted into registered certificates or deposited in bank c. Interest on proceeds or property under admin belong to usufructuary e. Effect of security is retroactive to day he is entitled to fruits 4. Obliged to make ordinary repairs – wear & tear due to natural use of thing and are indispensable for preservation. if property is mortgaged. extraordinary expenses. if perish in part due to accident – continue on remaining portion. if all of them perish w/o fault but due to contagious disease / uncommon event – deliver remains saved. Take care of property as a good father of family 5. not required by law or no one will be injured  failure to give security: owner may demand that: a. Payment of expenses.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. If usufruct is constituted on animals – duty bound to replace dead animals that die from natural causes or became prey. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership – he is liable if he does not do so for damages – as if it was caused through his own fault 13. expenses after renunciation of usufruct 3. owner to be liable for whatever is lost by usufructuary 18 . excused – allowed by owner. usufructuary has no obligation to pay mortgage. Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives sufficient security f. not applicable to parents who are usufructuary of children except when 2nd marriage contracted 2. charges & taxes affecting fruits 11. Obliged to make expenses due to his fault. Capital & proceeds of sale of movables be invested in safe securities d. cost & liabilities in suits brought with regard to usufructuary – borne by usufructuary • Obligations of owner 1. if attached. Pay legal interest from extraordinary expenses made by owner 10. if on sterile animals – as if fungible – replace same kind & quality 7. cannot escape by renouncing usufruct 9. Expenses. usufructuary obliged to inform owner when urgent and there is the need to make them 2.

DIFFERENT MODES OF ACQUIRING OWNERSHIP • Different Modes of acquiring ownership: (OLDTIPS) 1) Occupation 2) Law 3) Donation 4) Tradition 5) Intellectual Property 6) Prescription 7) Succession 19 . if property is expropriated for public use – owner obliged to either replace it or pay legal interest to usufructuary of net proceeds of the same Extinguishment of usufruct 1. renunciation of usufructuary – express 5. prescription – use by 3rd person  loss in part – remaining part shall continue to be held in usufruct  usufruct cannot be constituted in favor of a town. if only owner – then proceeds will go to owner only  effect if bad use of the thing – owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary  at termination of usufruct:  thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c should be reimbursed  security of mortgage shall be cancelled BOOK III.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 5. Corp or assoc. death of usufructuary – unless contrary intention appears 2. for more than 50 years  usufruct constituted on immovable whereby a building is erected . termination of right of person constituting usufruct • 7. expiration of period of usufruct 3. merger of usufruct & ownership 4. total loss of thing 6.& building is destroyed – right to make use of land & materials  if owner wishes to construct a new building – pay usufructuary the value of interest of land & materials  both share in insurance if both pays premium.

becomes res nullius if they lose that habit of returning & regain their original state of freedom c) domestic/tame animals – born & ordinarily raised under the care of people. become res nullius when abandoned by owner  hidden treasure (only when found on things not belonging to anyone)  abandoned movables • Animals: a) Swarm of bees b. owner did not pursue the bees Domesticated animals may be redeemed within 20 days from occupation of another person. they shall pertain to the one who caught them c) Pigeons & fish when they go to another breeding place. merely constituted the means OCCUPATION 1. abandoned  stolen property cannot be subject of occupation  animals that are the object of hunting & fishing kinds of animals: a) wild – considered res nullius when not yet captured. if any) land owner shall occupy/retain the bees if after 2 days. when captured & escaped – become res nullius again b) domesticated animals – originally wild but have been captured & tamed. if no redemption made. they shall be owned by the new owner provided they are not enticed • Movables: 20 . thing must be subjected to one’s control/disposition 3. There must be an intention to occupy 4.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 • • • MODE– Proximate cause of ownership ( sales. donation) TITLE – Remote cause of ownership. Accomplished according to legal rules • What are the things susceptible to occupation?  things that are w/o owner – res nullius. now belong to their capturer. has habit of returning to premises of owner.) owner shall have right to pursue them to another’s land (owner to identify latter for damages. There must be actual occupancy. There should be a corporeal thing (tangible) which must have a “corpus” (body) & that thing should have no owner 2.

thing found shall be awarded to finder if owner appears. it pertains to the state  land that does not belong to anyone is presumed to be public land  but when a property is private and it is abandoned – can be object of occupation • PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time. rights & actions. Acquisitive 2. precious objects & 2) hidden & owner is unknown finding must be by chance in order that stranger may be entitled to ½ of the treasure Movable found w/c is not treasure must be returned to owner if finder retains the thing found – may be charged with theft if owner is unknown. STATE c. person who are capable of acquiring property by other legal modes b. minors & incapacitated person who have guardians absentees who have administrators • 21 . give to mayor. mayor shall announce finding of the movable for 2 weeks in way he deems best If owner does not appear 6 months after publication. Extinctive Who may acquire by prescription: a. retroactive from the moment period began to run • Kinds: 1.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1) Treasure found on another’s property 2) consist of (1) money. also a means by which one loses ownership. minors – through guardians of personally • Against whom prescription run: 1. 2. he is obliged to pay 1/10 of value of property to finder as price if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication • What cannot be acquired by occupation Ownership of a piece of land  because when a land is without an owner.

private property b. registered land • Renunciation of prescription:  persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future  may be express or tacit  prescription is deemed to have been tacitly renounced. 4. patrimonial property of the state • Things not subject to prescription: 1.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 3. 5. persons living abroad who have administrators juridical persons except the state with regards to property not patrimonial in character between husbands & wife between parents & children (during minority/insanity) between guardian & ward (during guardianship) between co-heirs/co-owners between owner of property & person in possession of property in concept of holder • Things subject to prescription: all things within the commerce of men a. 9. within time fixed by law  4 years for movables 22 . just title 3. movables possessed through a crime 4. renunciation results from the acts w/c imply abandonment of right acquired  creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS • Kinds of Acquisitive prescription 1. 8. ordinary 2. extra-ordinary • Requisites for ordinary prescription: 1. public domain 2. in transmissible rights 3. possession in good faith 2. 7. 6.

just title is proved within time fixed by law  10 years for movables  30 years for immovables 3. in concept of an owner 4. PEACEFUL & UNINTERRUPTED  Must be known to the owner of the thing  Acquired & maintained w/o violence  Uninterrupted (no act of deprivation by others) in the enjoyment of property • INTERRUPTION a) Natural . possession ceases for more than 1 year - if 1 year of less – as if no interruption 23 . 2. uninterrupted Requisites for extra-ordinary prescription: 1. in concept of an owner • 5.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001  8 years for immovables 4.through any cause. peaceful. peaceful. uninterrupted • GOOD FAITH  Reasonable belief that person who transferred thing is the owner & could validly transmit ownership  Must exist throughout the entire period required for prescription • JUST TITLE (TRUE & VALID) – must be proved & never presumed a) b) Titulo Colorado Titulo putativo -  title must be one which would have been sufficient to transfer ownership if grantor had been the owner  through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership • IN CONCEPT OF OWNER  possession not by mere tolerance of owner but adverse to that of the owner  claim that he owns the property • PUBLIC. public. public.

mortgage action upon written contract upon obligation created by law upon a judgement  8 years .action to recover movables from time possession is lost  6 years .upon an oral contract upon a quasi-contract  5 years . First day excluded.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 b) civil . last day included • TACKING PERIOD  there must be privity between previous & present possessor  possible when there is succession of rights  if character of possession different:  predecessor in bad faith possessor in good faith – use extraordinary prescription PRESCRIPTION OF ACTIONS  By lapse of time fixed by law  30 years . . void for lack of legal solemnities 2. possessor is absolved from complaint express or tacit renunciation possession in wartime RULES IN COMPUTATION OF PERIOD: a.actions where periods are not fixed by law 24 . plaintiff desist from complaint/allow proceedings to lapse b) c) • 3.action over immovables from time possession is lost  10 years .except 1. Present possessor may tack his possession to that of his grantor or predecessor in interest b. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved c.produced by judicial summons.

debt 3. capacity to donate & dispose & accept donation 4.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001  4 years . quiet title DONATION • Characteristics: a) Unilateral – obligation imposed on the donor b) Consensual – perfected at time donor knows of acceptance • Requisites of Donation: 1. demand right of way 2. subject matter – anything of value. must not impair legitime 2. declare contract void 4. Reduction in patrimony of donor 2. present property & not future. abate public /private nuisance 3. Increase in patrimony of donee 3. goodwill. causa – anything to support a consideration: generosity. probate of a will 6. recover property subject to expressed trust 5.upon injury to rights of plaintiff upon a quasi-delict  1 year .for forcible entry & detainer . form – depends on value of donation • Kinds of Donation according to Effectivity: Donation Mortis Causa Disposition happens upon the death of donor Even if there is a term of effectivity and effectivity is upon the death of the donor. past service. Donor must be owner of property donated • Requirements of a donation: 1.for defamation  Rights not extinguished by prescription: 1. Intent to do act of liberality 4. charity. Donation Inter Vivos Disposition and acceptance to take effect during lifetime of donor and donee Already pertains to the donee unless there is a contrary intent 25 .

000 & below – may be oral or written. Revocable ad mutuum (exclusive will of may be revoked only by reasons provided donor) by law Revoked only for reasons provided for by law (except onerous donations) • Acceptance a) acceptance must be made personally or thru agent b) donation may be made orally or in writing  movable: 5. if oral it must be with simultaneous delivery of thing/document & acceptance need not be in writing above 5.must be in a public instrument & acceptance must also be in a public instrument (in same instrument or in other instrument) • • In case of doubt with regards to nature of donation: inter vivos Badges of mortis causa: 1.must be written and accepted also in writing  immovable . Transfer is void if transferor survives transfer • Kinds of donation INTER VIVOS 1) 2) 3) 4) pure/simple remuneratory conditional onerous Remuneratory Liberality or merits of donee or burden/ charge of past services provided they do not constitute demandable debt Conditional Valuable consideration is imposed but value is less than value of thing donated Onerous Valuable consideration given Pure/Simple a) Consideration Merits of donee b) law to apply/ forms Law on donations Law on donations Extent of burden Law on obligations imposed>oblicon excess>donation Required c) form of acceptance Required d) reservation Required Required 26 .follow law on donations and certain kinds of donations & succession to be valid.follow law on Formalities required . Donor can revoked ad mutuum 3. and donation must law on obligations and contracts be in the form of a will (suppletory) Irrevocable at the instance of the donor.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 still entitled to fruits Formalities required . Title remains with donor (full or naked ownership)& conveyed only upon death 2.000 .

associations not permitted • What may be given: 27 . nurse. priest who heard confession of donor during his last illness 2. wife. minors & other incapacitated a) by themselves . church.if pure & simple donation if it does not require written acceptance b) by guardian.more than 50.000 3. etc. individuals. corporations. who took care of donor during his last illness 4.000 2. physician. court appointed . between parties guilty of same criminal offense 5. ascendant • Other persons disqualified to receive donations: 1. made to public officers. legal representatives if needs written acceptance 1.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 w/regards to personal support & legitime Applicable e) warranty against eviction & hidden defects In bad faith only f) revocation Applicable • Applicable Applicable Not Applicable In bad faith only Applicable In bad faith only Applicable Applies Applicable Who may give donations . conceived & unborn child. natural guardian – not more than 50.All persons who may contract and dispose of their property • Who may accept donations: 1. relatives of priest within 4th degree. between paramours/persons guilty of adultery 4. guardians & trustees with respect to property entrusted to them 2. represented by person who would have been guardian if already born • Who are disqualified to donate: 1. husband & wife 3. natural & juridical persons w/c are not especially disqualified by law 2. community where priest belongs 3. descendant. order.

property of donor.in absence thereof. If immovable – one who recorded in registry of property in good faith . honor. If donor subsequently adopts a minor child • • Action for revocation based on failure to comply with condition in case of conditional donations Action for revocation by reason of ingratitude 1. spouse or children under his parental authority 3.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001  All or part of donor’s present property provided he reserves sufficient means for the support of the ff: a) himself b) relatives who by law are entitled to his support c) legitimes shall not be impaired  when w/o reservation or if inofficious. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor BIRTH OF CHILD Ipso jure revocation. one who first took possession in good faith .no inscription. no need for action. priority in right 1. If movable – one who first take possession in good faith 2. children under his parental authority 2. Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he should prove it unless act/crime has been committed against donee himself. may be reduced on petition of persons affected  except: conditional donation & donation mortis causa  except: future property DOUBLE DONATIONS: •  Rule: Priority in time. legitimated or illegitimate children 2. If donor should have legitimate. Donee commits offense against person. one who can present oldest title • REVOCATION OF DONATIONS  applies only to donation inter vivos  not applicable to onerous donations • With regards to donations made by person without children or descendants at time of donation: 1. If child came out to be alive & not dead contrary to belief of donor 3. spouse. court decision is merely declaratory NON-FULFILLMENT OF CONDITION needs court action INGRATITUDE needs court action 28 ..

if there are 2 or more donation: recent ones shall be suppressed 29 . general rule is heir cannot institute if donor did not institute 2. can only make heirs of donee liable if complaint was already filed when donee died • Inofficious donations: 1. shall be reduced with regards to the excess 2. demand value of property when alienated and can’t be recovered or redeemed from 3rd persons Prescription is 1 year from knowledge of fact and it was possible for him to bring action Action cannot be renounced in advance Right of action at instance Heirs can’t file action of donor but may be transmitted to heirs Action extends to donee’s Action does not extend to heirs donee’s heirs • Exception to rule on intransmissibility of action with regards to revocation due to ingratitude: 1. action to reduce to be filed by heirs who have right to legitimate at time of donation 3. heirs can only file in the ff cases: a) donor has instituted proceedings but dies before bringing civil action for revocation b) donor already instituted civil action but died. heirs can substitute c) donee killed donor or his ingratitude caused the death of the donor d) donor died w/o having known the ingratitude done e) criminal action filed but abated by death 3. donees/creditors of deceased donor cannot ask for reduction of donation 4. non-fulfilment Action cannot be renounced Right of action transmitted to heirs Extent: returned Whole portion Property to be returned Prior ones are void. etc.C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Extent: portion which may Extent: whole portion but impair legitime of heirs court may rule partial revocation only Property must be returned Property in excess Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be Alienations/mortgages returned – the value must imposed are void unless be returned registered with Register of If mortgaged – donor may Deeds redeem the mortgage with right to recover from donee Fruits to be returned at Fruits to be returned at filing of action for filing of complainant revocation Prescription of action is 4 Prescription is 4 years from years from birth. personal to the donor.

C I V I L L AW ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 5. if 2 or more donation at same time – treated equally & reduction is pro rata but donor may impose preference which must be expressly stated in donation 30 .

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