Title VII – EASEMENTS OR SEVITUDES

Chapter 1
Easements in General

Different Kinds of Easements:

1. Real (predial) easement – an encumbrance imposed
upon an immovable for the benefit of another
immovable belonging to a different owner. – Article 413
2. Personal easement – an encumbrance imposed upon
an immovable for the benefit of a community, or of one
or more persons to whom the encumbered estate does
not belong. – Article 414

Characteristics of Easement
1. a real right – therefore an action in rem is possible
against the possessor of the servient estate
2. imposable only to another’s property (hence, there
can be no true easement on one’s own property; thus,
merger in the same person of the ownership of the
dominant and servient estate extinguishes the
easement.
3. it is a jus in re aliena – a real right that may be
alienated although naked ownership is maintained.
4.
 Title III – Donation
Chapter 1
Nature of Donation
Art. 725
Donation – is an act of liberality whereby a person disposes
gratuitously of a thing or of a right in favor of another,
who accepts it.
Essential Characteristics of Donation:
1. consent, subject matter, cause
2. the necessary form
3. consent or acceptance of the donee during the
donor’s lifetime
4. irrevocability
5. intent to benefit the donee
6. resultant decrease in the assets or patrimony of
the donor.
Necessity of acceptance – is required because no one can
be compelled to accept the generosity of another.
Donation – an act of liberality and never an obligatory.
Art. 726
Classifications of Donations
1. Simple – the cause is pure liberality
2. Renumeratory of the first kind – to reward past
services, with no string attached.
3. Renumeratory of the second kind – to reward
future services or because of certain future charges
or burdens, when the value of said services, burdens or
charges is less than the value of the donation.
4. Onerous – there are burdens, charges or future
services equal in value to that of the thing donated.
Governed by the rule on contracts.
Classifications from the viewpoint of taking effect:
1. inter vivos – governed by the general provisions on
contracts and obligations
2. in praesenti to be delivered in futuro
3. mortis causa – governed by the rules on
testamentary succession
Classification from the viewpoint of occasion:
1. ordinary
2. donation propter nuptias
Art 727
Illegal or impossible conditions in simple and renumeratory
donations shall be considered as not imposed.
Like in testamentary dispositions, only the illegal or
impossible conditions are disregarded. The donation itself
remains valid.
Art. 728
Inter vivos
1. take effect during the lifetime of the donor
2. must follow the formalities of donations
3. cannot be revoked except for ground provided for
by law
4. in case of impairment of the legitime, donations
inter vivos are preferred to donations mortis causa
5. the right of disposition is completely transferred
to the donee (although certain reservations as to
usufruct may be made)
6. acceptance by donee must be during lifetime of
the donor
Mortis causa
1. takes effect after the death of the donor
2. must follow the formalities of wills or codicils
a. holographic will
• handwritten
• signed
• dated
b. notarial will
• attestation clause
• signatures of 3 witnesses
• signature of donor on every
page
3. can be revoked at any time and for any reason
while the donor is still alive
4. in case the legitime is impaired, donations mortis
cause are reduced ahead of donations inter vivos
5. the right of disposition is not transferred to the
donee while the donor is still alive
6. acceptance by doneed mortis causa can only be
done after the donor’s death.
Donation in praesenti to be delivered in futuro – is
considered a donation inter vivos
Art. 730 - 731
Also considered inter vivos donations:
1. suspensive condition which may be fulfilled beyond
the lifetime of the donor
2. Donation subject to the resolutory condition of
the donor’s survival
3. conditions to last during the lifetime
Art. 732
Donations inter vivos – shall be governed by the general
provisions on contracts and obligations
Art 733
Onerous donations – shall be governed by the rules on
contracts and remuneratory donations as regards that
portion which exceeds the value of the burden imposed.
Art. 734
Perfection of donation – from the moment the donor knows
of the acceptance by the donee. Acceptance must be made
during the lifetime of the donor and of the donee.
Chapter 2
Person Who May Give or Receive A Donation
Art. 735
Any person who has a capacity to enter into a contract and
also has the capacity to dispose.
Capacity of a husband
1. if he is a sui juris
2. donations taken from his capital or individual
property
3. conjugal property – with marital consent, except:
• moderate donations given for charity or on
occasions of family gathering
• donations or promises to common
legitimate children for the exclusive purpose of
commencing or completing a professional or
vocational course or other activity of self-
improvement
Capacity of the Wife
1. conjugal property – not allowed
except she is the administratrix or in case of moderate
donation for charity or on occasion of family rejoicing
or family distress.
2. exclusive property – if of age,
may dispose without the husband’s consent.
Donations made by unemancipated minors or of those of
unsound mind – voidable
Art 736
Donations of ward’s property by a guardian – null and void
unless made in the name of, with the consent of the ward
and with judicial permission.
Art 737
Donor’s capacity – shall be determined as of the time of
making of the donation (perfection – knowledge of
acceptance)
Art 738
Persons specifically disqualified to accept a donation
(donee):
1. minors, unless acceptance shall be done through
their parents or legal representative
2. persons with unsound mind
3. husbands and wives with respect to immoderate
donations from each other
Donations to alien religious organization – valid if 60% of
its capital stock is owned by Filipinos.
Art. 741
Minors may become donees provided the acceptance shall
be done through their parents or legal representative.
May minors accept by themselves?
1. If the donation is simple – yes, because after all
this is for the benefit of the child except when a
written acceptance of the donation is required, in such
case, the parents or legal representative must
intervene.
2. If donation is onerous or conditional – no unless
the parents or legal representative must intervene for
some burden is imposed on the child.
Art. 742
Simple and onerous donations made to conceived and unborn
children may be accepted by those persons who would
legally represent them if they were already born. However,
if the onerous donation proves unfavorable to the child, it
is as if the conceived child possessed no juridical
personality.
Art. 744
In case of double donation
1. Movable – first person who may have first taken
possession thereof in good faith
2. Immovable
a. Ownership shall belong to the person
acquiring it in good faith and have it first recorded
in the Registry of Property;
b. Ownership shall pertain to the person who
in good faith was the first who took possession;
c. The person who presents the oldest title
provided he is in good faith.
Art. 745
Formalities of acceptance, if any, must also be present
otherwise the donation is void.
General rule: Ordinary agent or administrator cannot
accept in behalf of the principal, both in simple and onerous
donations because:
1. simple – the principal may not want to accept the
donor’s generosity
2. onerous – the principal may not want to be bound
Authorization – must be in public instrument
Unauthorized onerous donation – unenforceable contract
Art. 746
Acceptance – must be made during the lifetime of the
donor and of the donee
Acceptance of donations mortis causa – must be made only
after the donor’s death.
Art. 747
Authorized persons to accept donations for others – are
obliged to make notification and notation.
Art. 748
Formalities for the Donation of Movable Property
1. If the value of the donation is more than P5,000
• Should always be in writing
• Acceptance must also be in writing, otherwise, void
2. If the value of the donation is P5,000 or less
• Can be made orally provided there is
simultaneous delivery of the thing or of the
document representing the right donated
• Can be made in writing
Art. 749
Formalities for Donations of Real Property
1. must be made in public document
2. must specify the property donated and the
charges (burdens), if any
3. acceptance must be either on the same instrument
or in a different instrument
• must be in a public instrument
• the donor shall be notified in authentic
form of the fact of that acceptance is being made
or has been made in a separate document
• the fact that there has been notification
must be noted in both instruments.
Charges
1. conditions or burdens imposed if any but which
should not be equal in value to the realty donated
2. encumbrances on the property such as lease,
usufruct or mortgage
Donation is only in a private document
• null and void
• donee may acquire property through
prescription for the possession is adverse.
Chapter 3
Effect of Donations and Limitations Thereon
Art. 750
Excessive donation – not void but merely reducible to
extent support of the relatives is impaired.
Donations not included in this article:
1. onerous donation
2. mortis causa
3. donation propter nuptias
Art. 751
Future inheritance – prohibited. For the reason that one
cannot give away that which he does not have. Exception –
donation mortis causa up to the extent of 1/5 of their
present property.
Art. 752
A person may not give by donation more than what he can
give by will. Likewise a donee may not receive more that
what the donor may give by virtue of a will.
Prescription for an action to revoke or reduce the
inofficious donation must be brought by the donor’s
compulsory heirs within 5 years after the donor’s death.
Art. 753
Instances where accretion is proper
1. in case of predecease – donee dying ahead of the
donor before perfection
2. in case of incapacity of the donee
3. in case of refusal or repudiation by the donee
In case of donation is made by a friend to the wife of
another, the husband of the latter has to consent
otherwise, the donation is not valid.
Art. 754
Donee is subrogated to all the rights and actions which in
case of eviction would pertain to the donor.
Art. 758
When there is stipulation to pay debts, the following rules
must apply:
1. pay only for prior debts
2. pay only for debts up to the value of the property
donated
Art. 759
There being no stipulation regarding payment of debts, the
donee shall be responsible therefore only when the
donation has been made in fraud of creditors.
General rule: Donee is not required to pay
Chapter 4
Revocation and Reduction of Donations
Rule when donation can be covered by the free disposal:
the donation will remain valid up to that extent.
Art. 762
What donee must do if the donation is reduced:
1. if the property is with him, return the property.
2. if the property has been sold, give the value to the
donor (selling price)
3. if the property has been mortgaged, the donor may
pay off the debt, but he can recover reimbursement
from the donee (Art. 767)
4. if the property cannot be returned as when it is
totally destroyed, return its value at the time of
perfection of the donation

Art. 763
Prescription ( Art. 760):
1. 4 years from the birth of the first child
2. 4 years from the time of legitimation
3. 4 years from the time of reappearance of the child
4. 4 years from the time of adoption
The action cannot be renounced and is transmitted on his
death to his legitimate and illegitimate children and
descendants ( not ascendants and surviving spouse)
Art. 764
Failure to comply with conditions – may be revoked within 4
years from the non-compliance of the condition.
Note; Non-fulfillment of the conditional does not
automatically revoke the donation. Court action is essential
for the revocation, unless the donee willingly surrenders
the property or its value.
Art. 766
Although the donation is revoked on account of ingratitude,
nevertheless, the alienations and mortgages effected
before the notation of the complaint for revocation in the
Registry of Property shall subsist.
Art. 768
Fruits must be returned when the donation is revoked
1. those accruing from the time the action is file
2. fruits received after failure to fulfill condition
Art. 769
The action to revoke because of ingratitude prescribes
within 1 year counted form the time;
1. the donor knew of the fact or cause of ingratitude
2. provided it was possible for him to bring the
action.
Actions to revoke because of ingratitude – cannot be
renounced in advance. However, if the act to revoke may
be renounced (already been committed) – form of
forgiveness, renunciation maybe done expressly or impliedly
and must comply with formalities of donations.
Art. 770
Action to revoked donations due to ingratitude cannot be
transmitted because the right is purely personal to the
donor.
Art. 771
Rules regarding inofficious Donations;
1. note that the value of the estate is that which it
had, not at the time of donation, but at the time of the
donor’s death
2. Inofficious donations may not be reduces; they
may be completely cancelled.
3. Since inofficiousness of the donation cannot be
determined till after the donor’s death, it follows that
in the meantime, the donation is valid and ownership is
transmitted to the donee during the donor’s lifetime.
Art. 772
Persons who can ask for reduction of inofficious donation;
1. the compulsory heirs of the donor
2. the heirs and successors-in-interest of the
compulsory heirs
Persons who cannot ask for reduction;
1. voluntary heirs (friend brothers, etc.)
2. devises – receipients of gifts of real property in a
will
3. legatees – receipients of gifts of personal property
4. creditors of the deceased
Prescription: 5 years from the time of the donor’s death
Art. 773
Grounds for Revocation:
1. non-fulfillment of resolutory condition or charges
(Art. 764)
2. Ingratitude (Art. 765)
• If the donee should commit some offense against
the person, the honor or the property of the
donor, or of his wife or children under his parental
authority
• if the donee imputes to the donor any criminal
offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or the
act has been committed against the donee himself,
his wife, or children under his authority
• if he unduly refuses him support when the donee is
legally or morally bund to give support to the
donor.
Grounds for Reduction
1. Birth, adoption and reappearance (Art. 760)
• if donor, after the donation, should have legitimate
or legitimated or illegitimate children, even though
they be posthumous;
• if the child of the donor, whom the latter believed
to be dead when he made the donation, should turn
out to be living;
• if the donor should subsequently adopt a minor
child.
2. Inofficious (Art. 771)
3. If insufficient property is left for support of
donor and his relatives (Art. 750)
4. If made in fraud of creditors
Void, Ineffective or unperfected Donations:
a. those not perfected in
accordance with the forms and solemnities of law
b. those made with property
outside of the commerce of men
c. those made with future
property (art. 751) except those provided for in
marriage settlements
d. Those made to persons specially
disqualified:
• By reason of public policy (Art. 739)
 a. those made between persons
who are guilty of adultery or concubinage at
the time of donation
b. those made between persons
found guilty of the same criminal offense, in
consideration thereof
c. those made to a public officer
or his wife, descendants and ascendants, by
reason of his office
• By reason of unworthiness (Art. 740)
a. absolute incapacity – where in
no case can there be a transmission of the
inheritance (example: an abortive infant)
b. relative incapacity – where
under certain conditions, a particular person
cannot inherit from a particular decedent
(example: a priest who heard the confession
of the testator during his last illness)
• By reason of possible undue influence