PROPERTY

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PROPERTY- an object or a right which is appropriated or susceptible of appropriation by man, with capacity to satisfy human wants and needs. CLASSIFICATION OF PROPERTY (SANDO DED CMC) 1. Susceptibility of Substitution. Fungible or Nonfungible 2. Alienability. Within the commerce of man or Outside the Commerce of Man. 3. Nature. Real, Personal or Mixed 4. Divisibility. Divisible or Indivisible 5. Ownership. Public or Private 6. Dependence or Importance. Principal or Accessory 7. Existence. Existing or Future 8. Definiteness or Designation. Generic or Specific 9. Consumability. Consumable or Non-Consumable 10. Materiality. Corporeal/Tangible or Incorporeal/Intangible 11. Custody or Court or Free. In custodia legis or Free. REQUISITES/CHARACTERISTICS OF PROPERTY. (USA) 1. Utility- the capacity to satisfy some moral or economic human wants. 2. Substantivity or Individuality- the quality of having existence apart from any other thing. 3. Appropriability- susceptibility of being possessed by men. CLASSIFICATION OF IMMOVABLE PROPERTY. (NIDA) 1. Nature- Cannot be moved from place to place because of their nature. a. Land, Buildings, roads and constructions of all kinds adhered to the soil. (415.1) b. Mines, Quarries and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant. (415.8) Jurisprudence: a. Bicarro vs. Teneza: “Once a house is demolished, its character as an immovable ceases.” b. Leung Yee vs. Strong Machinery Co.: “The building of strong materials in which the ricecleaning machinery was installed by the "Compañia Agricola Filipina" was real property, and the mere fact that the parties seem to have dealt with it separate and apart from the land on which it stood in no wise changed its character as real property. It follows that neither the original registry in the chattel mortgage of the building and the machinery installed therein, nor the annotation in that registry of the sale of the mortgaged property, had any effect whatever so far as the building was concerned.” c. Standard Oil Co. of New York vs. Jaramillo- The parties to a contract of chattel mortgage may by agreement treat as personal property that which by nature would be real property, such as leasehold rights and building. d. Evangelista vs. Alto Surety & Insurance Co.- “Intention to treat as personal property not binding to third persons, but only to contracting parties.” e. Makati Leasing & Finance Corp. vs. Wearever Textile Mills, Inc.-“The law makes no distinction as to the ownership of land on which the house is built.” f. Davao Sawmill Co., Inc. vs. Castillo- “A mortgaged house built on a rented land is personal property not only because the deed of mortgage considered it as such, but also because it did not form part of the land for it is now well-settled that an object placed on land by one who has only a temporary right to the same such as the lessee or usufructuary, does not become immobilized by attachment.”

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g. Tumalad vs. Vicencio- “Statements by the owner declaring his house to be a chattel is a conduct that may conceivably estop him from subsequently claiming otherwise. (Ladera vs. C.N. Hodges. Although there is no specific statement referring to the subject house as personal property, yet by ceding, selling or transferring a property by way of chattel mortgage defendantsappellants could only have meant to convey the house as chattel, or at least, intended to treat the same as such, so that they should not now be allowed to make an inconsistent stand by claiming otherwise.” 2. Incorporation-essentially movables but attached to an immovable that it becomes an integral part of it. (TESA) a. Trees, plants & growing fruits adhered to the soil. (415.2) b. Everything attached to an immovable in a fixed manner that it will break or deteriorate if separated. (415.3) c. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach them permanently to the immovable is revealed. (Only the owner or agent should place them. 415.4 d. Animal houses if intended by the owner to become permanently attached to the immovable. (415.6) Jurisprudence: a. Lavarro vs. Labitoria- “Since trees and plants annexes to the lands are parts thereof, unless rights or interests in such trees or plants are claimed in the registration proceedings by others, they become the property of the persons to whom the land is adjudicated.” b. Sibal vs. Valdez- “For purposes of attachment, execution and the chattel mortgage law, growing crops or fruits or ungathered products or fruits have the nature of personal property.” c. Uprooted timber still part of the timber land according to Manresa. 3. Destination- movables but purpose is to partake of an integral part of an immovable for the utility it gives to the activity carried thereon. a. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach them permanently to the immovable is revealed. (Only the owner or agent should place them. 415.4 b. Machinery, receptacles, or instruments placed by owner of the tenement or his agent and tend directly to meet the needs of such works/industry. (415.5) c. Animal houses if intended by the owner to become permanently attached to the immovable. (415.6) d. Fertilizer actually used on a piece of land. (415.7) e. Docks and structures which though floating are intended by their nature and object to remain at a fixed place on a river, lake or coast. (415.9) Jurisprudence: a. Davao Sawmill vs. Castillo- “Machinery which is movable in its nature only becomes immobilized when placed in a plant by the owner of the property or the plant. But not when so placed by the tenant, a usufructuary or any person having only a temporary right, unless such person acted as the agent of the owner.” b. Burgos, Sr. vs. Chief of Staff- “Machinery, though in fact bolted to the ground, remains movable property susceptible to seizure under a search warrant, where its owner is not the owner of the land and/or building on which it was placed.”

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c. Mindanao Bus Co. vs. City Assessor and Treasurer- “A transportation business is not carried on in a building or on a specified land. Hence, equipment destined only to repair or service a transportation business may not be deemed real property.” d. Berkenkotter vs. Cu Unjieng-“Movable equipment to be immobilized must first be essential and principal elements of an industry or works without which, such industry or works would be unable to function or carry on the industrial purpose for which it was established.” -“Improvements must be in a permanent nature and essential to the industry or works.” e. Board of Assessment Appeals vs. Manila Electric Co. – “Poles and steel supports or towers of Meralco are not real property. They do not constitute buildings or constructions adhered to the soil. They are merely attached to a square metal frame by means of bolts, could easily be dismantled and moved from place to place. They are not attached to an immovable in a fixed manner and they can be separated. They are not machineries, but even if they are, they are not intended for industry or works on the land in which they are constructed.” f. Standard Oil Co. of New York vs. Jaramillo- “It is a familiar phenomenon to see things as real property for purposes of taxation which on general principles might be considered personal property.” g. Rubiso vs. Rivera- “Vessels are essentially movable but they partake to a certain extent of the nature and conditions of real property due to their value or importance.” 4. Analogy/Law- united to the immovable property by express provision of law. --Contracts for public works, and servitudes and other real rights over immovable property. (415.10) MOVABLE PROPERTY (SIFTOS) 1. Susceptible of appropriation that are not included in Art. 415. 2. Immovable that is designated as movable by special provision of law. 3. Forces of nature brought under control by science. 4. Things which can be transported from place to place without impairment of the real property where they are fixed. 5. Obligations and actions which involve demandable sums. 6. Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. *** Other Incorporeal property: Copyrights, Patents, Trademarks etc. TESTS TO DETERMINE WHETHER PROPERTY IS MOVABLE. 1. Rule of Exclusion- not included in ART. 415. 2. Rule of Description- if the property can be transported from one place to another, and no injury would be suffered by it, then it is personal property, unless expressly included in Art. 415. Jurisprudence: 1. Involuntary Solvency of Strochecker vs. Ramirez- “½ Interest in Business is movable is movable” 2. Sibal vs. Valdez- “Growing crops or ungathered products raised by labor and cultivation are considered personal property. The existence of a right on the growing crops is a mobilization by anticipation.” [The Chattel Mortgage Law considers them also personal property] 3. US vs. Carlos- “The true test of what is a proper subject of theft seems to be not whether the subject is corporeal or incorporeal but whether it is capable of appropriation by another than the owner. Electricity, the same as gas is a valuable article of merchandise, bought and sold like other personal property and is capable of appropriation by another.”

quantity and quality. 2. intended for public use (420) b.” 3. can be used by everybody. cities and municipalities (424) i. not subject to attachment or execution. 6.“A lot on which stairways were built for the use of the people as passageway to the highway is a property intended for public use. A foreshore land is that strip of land that lies between the high and low water marks and is alternatively wet and dry according to the flow of the tide. c. Republic vs. exists for attaining the economic ends of the State. 420(1) speaks of only rivers and banks. Consumable. intended for public service of state.individually or collectively. CLASSIFICATION OF PROPERTY ACCORDING TO OWNERSHIP.” 5. 2.PROPERTY CLASSIFICATION OF MOVABLE PROPERTY. Moreno. Non-Consumable 2.if it can be substituted by another thing of the same kind. 5. cannot be burdened by voluntary easement. for the development of national wealth. Fungible. Patrimonial property of State.outside the commerce of men. (420) 4 2. property of public dominion when no longer intended for public use/service (422) NOTE: Patrimonial Properties may be acquired by private individuals or corporations through prescription. 1. 4. According to the intention or purpose of the parties. Santos vs. provinces. (420/424) Characteristics: 1. b. Non-Fungible. a. They may be an object of an ordinary contract.“Property is presumed to be State property in the absence of any showing to the contrary.if not replaceable in such equivalents. cities & municipalities. outside the commerce of men-cannot be alienated or leased or be the subject of any contract.“Although Art. B. “rivers” is a composite term which includes the running waters. Private OwnershipA. Property belonging to private persons. 1. cannot be acquired by private individual through prescription 3. Public Dominion. Rabuco vs.“A court has no jurisdiction to award foreshore land to any private person or entity. b. Kinds: a. cannot be registered under the Land Registration Law. Sarmiento.” . provinces. They are neither public nor private. According to Nature. a.Villegas. CA.cannot be utilized without being consumed. (425) NOTE: Sacred and religious objects are considered outside the commerce of men. Villearico vs. 4.“Canals constructed on private lands of private ownership but the owner loses his proprietary right over said canal through prescription by allowing the public to use it for transportation and fishing purposes. JURISPRUDENCE: 1. the bed and the banks. ii. in general. Binalay vs. Manalo.

They would fall under the phrase ‘public works for public service’. There could. such as for the municipal court house. did not convert the land into a property of the municipality.” 8. public waters. the hospital and leprosarium sites and the school sites will be considered patrimonial for they are not for public use. public school. A property continues to be part of the public domain until there is a formal declaration on the part of the government to withdraw it from being such.PROPERTY 5 6. Dacanay vs.“A city council which closed a portion of a street and authorized its sale to the highest bidder has such power. Property for Public Use (provincial roads. Assistio Jr.” 4. RA 3039 is valid insofar as it affects the lots used as capitol site. The property. Capitulo vs. squares.” PROPERTY OF POLITICAL SUBDIVISIONS. for such public works must be for free and indiscriminate use by anyone. Macasiano vs.“Political subdivisions have no authority whatsoever to control or regulate the use of public property unless specific authority is vested upon them by the Congress. school sites and its grounds. Province of Zamboanga Del Norte vs. city/municipal streets. Director of Lands. “Buildings follow classification of public lands on which they are built.” “Registration cannot convert public property to private property. Diokno. Local Government cannot withdraw a public street for public use. Even the capitol site. Salas vs. Laurel vs.” “Civil Code Classification is without prejudice to provisions of special laws. Municipality of Hinunangan vs. Garcia.“A municipality which permitted erection of private houses on a land upon which was built a stone fort which had not been used for many years for the purpose for which it was contructed.. City of Zamboanga.“A lot registered in the name of the City of Manila which was converted by law as disposable or alienable land of the State is not patrimonial absent any evidence in contrary. vs. Patrimonial Property Jurisprudence: 1. or public market. 3. It is property belonging to the State and intended for some public service. unless it has been granted such authority by law. It remains property for public use or service. The ownership of the State of the property becomes patrimonial. 1. Cebu Oxygen & Acetylene Co. Inc. hospital and leprosarium sites and the highschool playground sites since they were held by the former Zamboanga province in its governmental capacity and therefore subject to absolute control of Congress.“It does not matter if property intended for public use is not actually devoted for public use. but this does not deprive the State ownership of therein. Aquino. A withdrawn property can be the object of ordinary contract.” 7. . The fortress may not have been used for many years for the purposes for which it was intended. promenades and public works) 2. – “Public streets or thoroughfares may not be leased or licensed to market stallholders by virtue of a city ordinance or resolution.“Roppongi property which was acquired by the Philippines under the Reparation Agreement entered into with Japan is of public dominion unless it is convincingly shown that the property has become patrimonial. however be a prescription in favor of the Municipality where the land has been used for purposes distinctly public. It was held that all the properties in question except the two lots used as High School playgrounds could be considered as patrimonial properties of the Zamboanga Province. regardless of the source or classification in the possession of a municipality excepting those acquired with its own funds in its private or corporate capacity. Bercilles.” 2. Jarencio. is held in trust for the State and subject to its paramount power. Abandonment cannot be inferred from non-use. The issue in this case is whether the properties are for public use or patrimonial property.” 9. for purposes of ascertaining the control of Congress.“Properties belonging to Zamboanga DN were transferred under RA 3039 free of charge in favor of Zamboanga City.

(voluntary servitude. unity of the property.Powers may be reduced and thereafter automatically recovered upon the cessation of the limiting rights.“The grant made by Act No. easements) 3. (431) 7.is that which constitutes a just cause of exclusive possession or which is the foundation of ownership of property. Owner cannot make use of thing which shall prejudice 3rd persons.the right to make use of all the possibilities or utility of the thing owned. It cannot be extinguished by non-user but only by adverse possession. Specific limitations imposed by law. Perpetuity. taxation) 2. 1360 of the reclaimed land to the City of Manila is a grant of a public nature.ownership is vested only in one person 4. 761 v. mortgages. CA. without prejudice to the provisions of the law. 2. Co-Ownership/Tenancy in Common. subject to no restrictions except those imposed by the State or private persons. Inherent limitations arising from conflict with other rights. contract) 4. (eminent domain. Manila Lodge No. tends strongly to support the contention that it is a private way or privately owned by the enterprise. plurality of subjects. Cuaycong vs. the same having been made to a local political subdivision. Limitations imposed by the owner himself. Independence. enjoyment.there can only be one ownership over a thing at a time. disposition and recovery. 2. Sole Ownership. except those attached to other real rights existing thereon. (Naked Ownership + Usufruct = Full Ownership) 3.” “Executive or legislative declaration is necessary to convert property of public domain into patrimonial. There may be two or more owners but only one ownership. Exclusive. State of Necessity (432) 8.[425] OWNERSHIP.PROPERTY 6 5.(contiguity of property) 6. Benedicto. -Ownership may be exercised over a thing or a right (427) TITLE. General limitations imposed by the state.ownership lasts as long as the thing exists. (will. Full Ownership. pledges) 5.It is the independent and general right of a person to control a thing particularly in his possession. Such grants have always been strictly construed against the grantee.“The fact that a road has been kept in repair by a private enterprise and the government has not contributed to the cost of its construction or maintenance.”.ownership is vested in two or more owners.It exists without necessity of any other right 5. Naked Ownership. therefore it is of public domain. Elastic. 3.where the right to the use and the fruits has been denied.. True Owner must resort to Judicial Process (433) SEVEN RIGHTS OF OWNERSHIP (AADF PUV) . (servitudes.” “An intention to devote property to public use is sufficient to make property of public domain. LIMITATIONS 1. And the mere fact that a tract of land has been used for a long time as a road will not alone warrant the presumption that it has been dedicated to the public. CHARACTERISTICS OF OWNERSHIP (EGEIP) 1. police power.” 6. KINDS OF OWNERSHIP 1. Limitations imposed by the party transmitting the property. 4.includes all the rights of the owner. General.

PROPERTY
1. Jus Abutendi- Right to consume the thing by its use 2. Jus Accessiones- Right to accessories 3. Jus Disponendi-Right to dispose 4. Jus Fruendi- Right to fruits 5. Jus Possidendi- Right to possess 6. Jus Utendi- Right to enjoy 7. Jus Vindicandi- Right to exclude others from possession of the thing

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Jurisprudence: 1. Roxas vs. CA- “Right to use not necessarily included in right to possess, as in contract of deposit, since a bailee only holds the property in trust.” 2. Jabon vs. Alo- “A judgment of ownership may not include possession, which may be in the hands of a lessee.” 3. Republic vs. Baylosis- “The Right to dispose includes the right not to dispose” ACTIONS FOR POSSESSION 1. Movable- Replevin (return of a movable) Note: A machinery and equipment used for an industry and indispensable for the carrying of such industry, cannot be the subject of replevin, because they are real properties. *** Calub vs. CA- A property that is validly deposited in custodia legis cannot be the subject of a replevin suit. 2. Immovable a. Accion Interdictal i. Forcible Entry- used by a person deprived of possession through: force, intimidation, strategy, threat or stealth (FISTS) (issue: de facto or physical possession not juridical, must recover within one year from unlawful deprivation, or from discovery in case of stealth or strategy. Summary proceeding) ii. Unlawful Detainer- used by a 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, must recover within 1 year from unlawful deprivation; date of last demand or last letter of demand); summary proceeding. b. Accion Publiciana- plenary action to recover the better right of possession; must be brought within a period of 10 years, otherwise the real right of possession is lost; issue is possession de jure; ordinary civil proceeding. c. Accion Reinvindicatoria- recovery of dominion of property as owner. *** Sarmiento vs. CA- “Where the facts averred in the complaint reveals that the action is neither one of forcible entry nor unlawful detainer but essentially involves a boundary dispute, the same must be resolved in accion reinvindicatoria. PRINCIPLE OF SELF-HELP (429) - Use of reasonable force to repel or prevent an actual or threatened unlawful physical invasion or usurpation of property.

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*** German Management & Services vs. CA: “It can only be exercised at the time of an actual or threatened dispossession.” *** May be exercised by a 3rd Person- Negotiorum Gestio ELEMENTS OF SELF-HELP 1. Person exercising rights is the lawful owner or possessor. 2. Can only be exercised at the time of an actual or threatened dispossession. 3. Use of force may be reasonably necessary to repel or prevent it. - May be liable for excess force. Art. 430- Right to enclose or fence w/o detriment to servitudes Art. 431-Obligation to respect rights of others STATE OF NECESSITY (432) - Principle which authorizes the destruction of a property which is lesser in value to avert the danger poised to another property the value of which is much greater. ** COMPARATIVE DANGER: Danger must be greater than the damage to property. Must consider the economic and sentimental value of the property. ** The owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his reimbursement by all those who benefited. ** In case of conflict between the exercise of the right of self-help and a proper and licit state of necessity, the latter prevails because there is no unlawful aggression when a person or a group of persons acts pursuant to the right given in a state of necessity. Art. 433- Possessor has disputable presumption of ownership. Judicial Process. Art. 434- Person claiming a right must prove: (a) That he has a better title to the property and (b) Identity of the property -One must depend on the strength of his title and not on the weakness of the defense. Evidence to Prove Ownership. 1. Torrens Title. 2. Title from Spanish Government 3. Patent Duly registered in the Registry of Property by the grantee. 4. Deed of Sale 5. Operating a Business for nine years in defendant’s own name representing himself to the public to be the owner and the plaintiff never made any protest or objection. (Florida vs. Yearby) 6. Occupation of a building for a long time by a party without paying rent (Gatdula vs. Santos) 7. A letter in which defendant recognized the ownership of parcels of land for a long time attested not only by witnesses but also by declaration of properties, payment of taxes and a deed of mortgage executed by the possessor’s predecessors-in-interest as owners of the property. (Alano vs. Ignacio) Additional Jurisprudence: 1. Calicdan vs. Cendaña- “A deed of donation inter vivos, albeit void for having been executed by one who was not the owner of the property donated, may still be used to show the exclusive and adverse character of the donee’s possession.” 2. Heirs of S. Maningning vs. CA- “While a verbal donation under which the donee and his predecessors-in-interest have been in possession of the lands in question is not effective as a transfer of title, still it is a circumstance which may explain the adverse and exclusive character of the possession.”

PROPERTY
Art. 435- Condemnation or Seizure in the exercise of Power of Eminent Domain. Art. 436- Condemnation or Seizure in the exercise of Police Power. Art. 437- Surface Rights and everything under of a Landowner. Concept of Hidden Treasure (439) 1. Consists of money, jewels or other precious objects. 2. Hidden and unknown 3. Owner is unknown

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Right to Hidden Treasure (438) 1. Finder is the same as owner of the property- treasure totally belongs to him. 2. Finder is 3rd person and he discovered it by chance- finder is entitled to ½ of the value of the treasure 3. Finder is an intruder- he is not entitled to anything 4. Finder is given an express permission from the owner- subject to the contract of service and principle of unjust enrichment RIGHT OF ACCESSION - The right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto either naturally or artificially. (440) TWO KINDS OF ACCESSION 1. Accession Discreta - refers to the right over the fruits or products of a thing. 2. Accession Continua- accession things which have been incorporated or attached to a thing. ACCESSION DISCRETA General rule: The owner of the land owns the fruits. Exceptions: (PULA) 1. Possessor in Good Faith of the land. 2. Usufructuary 3. Lessee gets the fruits of the land 4. Antichretic creditor. Fruits apply to interest first if owing and then to principal. NATURAL FRUITS- spontaneous products of the soil and the young of animals INDUSTRIAL FRUITS- those produced by lands of any kind through cultivation or labor CIVIL FRUITS- rents of buildings, the price of lease of lands and other property and the amount of perpetual or life annuities or other similar income. (441/442) PRINCIPLES ON ACCESSION CONTINUA (GONE BAD) 1. He who is in Good Faith may be held responsible but will not be penalized. 2. To the owner of a thing belongs the extension or increase of such thing. 3. Bad faith of one party neutralizes the bad faith of the other. 4. There should be no unjust enrichment at the expense of others. 5. Bad Faith involves liability for damages. 6. Accessory follows the principal. 7. Accession exists only if the incorporation is such that separation would either seriously damage the thing or diminish its value. Art. 443. Obligation of recipient of fruits to reimburse necessary expenses of 3rd person. OBLIGATIONS

Standing Crops Planter in GF Planter in BF Owner Owns fruits provided he pays planter expenses (forced coownership) Owns Fruits Art. RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY. RULES WHEN LAND OWNER (LO) CONSTRUCTS OR PLANTS ON HIS LAND WITH MATERIALS OF ANOTHER (OM). When Male and Female belong to different owners. (447) 1. 446-Improvements presumed made by owner. gathering & preservation Planter Reimbursed for expenses for production.Right to Reimbursement for necessary expenses Art. in the absence of proof to the contary. 455. 452. Caballero). (US vs. No right to be reimbursed Owner No necessity to reimburse the planter of expenses since he retains the fruits Gets Fruits. 454. Or 2.Both LO and BPS in BF Art. Entitled to reimbursement provided he does for their value. 451-Entitlement to Damages Art.GF may co-exist with negligence A.LO. 448-Table B Art. by the right of accretion. 456. the owner of the female was considered to be the owner of the young unless there is a contrary custom or speculation. pay planter expenses 10 2. 453. BPS and OM different persons Art. gathering & preservation Loses Everything. as well as its mother belong to the owner of the latter. 444. LO and OM in Good Faith. Art. 447-Table A Art. or LO and OM in Bad Faith LO OM Becomes owner of the materials but must pay 1. not remove them. who own the offspring? Under the Partidas. The legal presumption. When Natural Fruits and Industrial Fruits Deemed to Exist. Gathered Fruits Planter in GF Planter in BF Planter Keeps fruits Reimbursed for expenses for production. is that the calf. This is also in accord with the maxim “pratus sequitor ventrem”(The offspring follows the mother) 445-456. 449-BPS in bad faith Art.PROPERTY 1. 450-Alternative Rights of owner of the land where BPS in BF Art. Art.Applicability of 447 when LO in BF and BPS in GF Art. Entitled to removal provided there is no EXCEPTION: When they can be removed substantial injury .

OM in Bad Faith LO Exempted from Reimbursement and entitled to damages OM No Right! B. Right of retention until reimbursed. Right of retention 2. LO in Good Faith. unless the value of the land be considerably more than the value of the house—in such case builder pays rent. (448) EXAMPLE: A HOUSE WAS BUILT ON THE LAND. REMOVAL plus damages OR EXCEPTION: When decides to remove destruction would Removal). Entitled to ABSOLUTE for their value plus damages. 1. LO and BPS in Good Faith. Entitled to reimbursement plus damages in them whether or not case he chooses not to remove be caused. in such case the owner of material may removed them. Appropriate house after payment of indemnity OR 2. 2. SOWS OR PLANTS (BPS) ON LANDOWNER’S (LO) LAND. OM in Good Faith LO OM Becomes owner of the materials but must pay 1. If builder pays. Right to payment of indemnity: a. Owner of entitled to damages RIGHT OF 11 Owner of the Materials 2. and if his successor in . or LO and BPS in Bad Faith LO Has a choice either to: 1. b.PROPERTY without destruction to the work made or to the plants. LO in Bad Faith. May remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby. Necessary Expenses. Useful Expenses. RULES WHEN A 3RD PERSON BUILDS. he has no right of BPS 1. (Absolute Materials would still be 3. Compel the builder to buy the land upon which the building was built.

2. The BPS does not claim ownership over the land but possesses it as mere holder. . but must pay necessary expenses for preservation of the land. 2. Owner of entitled to damages RIGHT OF Owner of the Materials 2. agent. Leave things as they are and assume relation of lessor and lessee. Demand demolition of the work. 448 (3RD PERSON PLANTS. 12 2. Loses what is built. (Absolute Materials would still be Remedies if option exercised by the Landowner was compulsory selling and Builder fails to pay: 1. planted or sown without right to indemnity. sown or planted. Entitled to reimbursement plus damages (in them whether or not case he chooses not to remove) be caused. BPS 1. Entitled to ABSOLUTE for their value plus damages. BUILDS. Francisco) Exception: if a tenant whose lease is about to expire. Demolish what has been built. usufructuary or tenant. pay rents 2. SOWS) DOES NOT APPLY WHEN: 1.Entitled to reimbursement for necessary expenses of preservation of land 3. (Balucaneg vs. Hilario) 3. (Ignacio vs. and the sower the proper rent whether or not the value of the land is considerably more than the value of the house PLUS damages. not knowing that the crops will no longer belong to him. LO in Good Faith. Therefore he may enforce payment thru an ordinary action for recovery of a money debt (levy and execution). Compel the BPS to pay the price of the land. he knows that the land is not his. BPS in Good Faith LO BPS Becomes owner of the materials but must pay 1. BPS in Bad Faith LO 1. nevertheless still sows. Liability for damages 3. amount expended.PROPERTY retention and LO is entitled to remove possession does not prefer to refund the improvement. or that the planting or sowing be removed at the BPS’s expense PLUS damages 3. ART. Gets the accessory without paying any indemnity. Consider price of land as an ordinary money debt of the builder. REMOVAL plus damages OR EXCEPTION: When decides to remove destruction would Removal). LO is entitled to damages. LO in Bad Faith.

moreover: a. The BPS is a co-owner. He may appropriate what has been built as his own. He can be compelled to remove the building. Rights of OM: a. if he makes use of the materials. Compel the builder to pay the price of the land whether the land is considerably more valuable than the building or not.” . The new owner will thus not be required to pay any indemnity for the building. He can even be liable for consequential damages if the materials are of inferior quality. CA. 448” 2. 2. the builder must go against him. The builder is a belligerent occupant.“Owner of the land on which an improvement was built by another in good faith is entitled to removal of the improvement only after the landowner has opted to sell the land and the builder refused to pay for the same. Depra vs. 2.e. but when the 3rd person paid the landowner. BF. c. there could be no question of good faith or bad faith on the part of the builder. *** 448 applies only when BPS is in GF. LO can ask damages from both. BPS must reimburse OM but in case BPS cannot pay LO will not be subsidiarily liable because as to him OM is in Bad faith. the builder may still file a case against him but the 3 rd person may file a 3rd party complaint against the landowner. A person constructs a building on his own land. Rights of LO and BPS the same as preceding tables. good faith must govern. even if later on. Jurisprudence: 1. BPS and OM) 1. Dumlao. the portion of the land used is awarded to another co-owner. b. during the partition. LO in Good Faith 1.“The landowner on which a building has been constructed in good faith by another has the option to buy the building or sell his land to the builder. Demand the demolition of the house at builder’s expense. and then sells the land but not the building to another. In such event. Ballatan vs. In case of insolvency on the part of the builder the LO is subsidiarily liable.” 3. 3. *** Landowner’s alternative right against a SOWER is to demand proper rent. Rule when three parties are involved: (LO. Regalado) 4. As between OM and BPS. i. Sarmiento vs.he is entitled to reimbursement from the builder principally since it was the builder who first made use of the materials.Loses all rights to be indemnified. (Coleongco vs.“The right to choose between appropriating the improvement or selling the land is given to the owner of the land and not the court. Agana. Where the land’s value is considerably more than the improvement. (buildings use is temporary. airfield/campsite) *** When Landowner sells land to a 3rd person who is in Bad faith. b. An order by a court compelling a builder in good faith to remove his building from a land belonging to another who chooses neither to pay for such building nor sell the land is null and void for being offensive to Art. without payment of any indemnity for useful or necessary expenses for the building but with indemnity for the necessary expenses for the preservation of the land. Rule when OM and BPS in Bad faith.PROPERTY 13 2. GF. he cannot refuse to exercise their option and compel the builder to remove or demolish the improvement. the landowner cannot compel the builder to buy the land. a forced lease is created and the court shall fix the terms thereof in case the parties disagree thereon.

2. if the co-ownership is terminated by partition and it appears that the house of the defendant (a former co-owner) overlaps or occupies a portion of the land pertaining to the plaintiff (another former co-owner) which the defendant build in good faith.” 8.” ALLUVIUM . vs.” 5. His only remedy would be to recover damages for the value of the property taken considering that the corporation merely exercised its power of eminent domain as authorized by law. Nuguid vs. The builder may however be entitled to the cost of construction with interest upon securing authorization of proper authorities or designate such road a toll road to raise the funds necessary to reimburse the company.“Offsetting necessary and useful expenses with the fruits received by the builder-possessor in good faith is not allowed.PROPERTY 14 4. Pecson vs. However.” 7. Calapan Lumber Co. the basis for the builder’s right to retain the premises is extinguished. hence there is no other recourse for him but to vacate the premises and deliver the same to the landowner. Riparian Owners.is the process whereby the soil is deposited ESSENTIAL ELEMENTS OF ALLUVIUM (AGA) 1. the excess shall be returned to the owner of the land. Inc. CA. Paredes. vs.soil imperceptibly and gradually deposited on lands adjoining the banks of rivers caused by the current of water. then Art. Community Sawmill Co. The land where accretion takes place is ADJACENT to the banks of river.“Parties may agree that Art. whatever fruits he receives during the pendency of retention must be deducted from whatever indemnity is due to him. 448 should apply even when there was a co-ownership. is NOT guilty of negligence and his violation of the contract of sale or instalment may not be the basis to negate the presumption of good faith as such violation has no bearing on his state of mid at the time he built the improvements. 3. ACCRETION . Littoral Owners. honestly believing that the said lot was what he brought from the seller. built its track on a land without any opposition from the owner who merely stood by. the BPS cannot exactly be considered a possessor in good faith. Pleasantville Development Corporation vs. Del Ocampo vs. Hence. Mendoza vs. and in case it exceeds the value of the indemnity.” 6. Obesia.“A co-owner is not a 3rd Person with respect to the land owned in common for it cannot be said that it exclusively belongs to another but of which he is a co-owner.” 9.“The right of retention of a builder in good faith until payment of the proper indemnity does not apply to property of public domain.” 10. Sps. Manotok Realty. Tecson.” 11. CA.“Once the owner elects to appropriate the improvements. CA.“When Manila Railroad Co. Manila Railroad Co..“A lot buyer who constructs improvements on the wrong property erroneously delivered by the owner’s agent. the owner was deemed to have waived his right to recover possession of his property and the construction thereon. Jurisprudence: . Deguzman. Result of the ACTION of the waters of the river.are owners of lands adjoining the banks or rivers.“Where the improvements have been destroyed by a fortuitous event without the fault of the landowner.owners of lands bordering the shore of the sea or lake or other tidal waves. 448 and 546 are applicable and indemnity for the improvements may be paid although they differ as to the basis of the indemnity. Deposit of soil and sediment be GRADUAL and imperceptible. vs.

2. Ignacio vs. 4. IAC. 2. AVULSION . 3. by failure of such owner to register said accretion within the prescribed period.” 2. caused by natural forces.“A sudden and forceful action like that of flooding is not the alluvial process contemplated under Art. [459] Art. Until a formal declaration on the part of the government through the executive or legislative. for public use. does not automatically become registered land. creek or torrent and transferred to another estate. Right to old bed ipso facto in proportion to area lost.” 3. Portion of Land must be known or identifiable *** The former owner preserves his ownership of the segregated portion provided he removes (not merely claims) the portion within 2 years. creek. or for special industries. Director of Lands. i. The changing of the course must be more or less permanent and not temporary overflooding another’s land. although by mandate of Art. to the effect that such lands are no longer needed for coast guard service.” 5.“Registration does not protect the riparian owner against diminution of the area of his land thorugh gradual changes in the course of the adjoining stream. or torrent. There must be a definite abandonment by the government 5.“Laguna de Bay is a lake and that part around it which becomes covered with water. and therefore registrable under the Torrens System. [459] Elements of Avulsion: 1.CA. a mere indentation of the same. it being a part of the sea. The segregation and transfer must be caused by the current of a river. 458. Art. it must not completely dry up or disappear. if the owners do not claim them within 6 months. CA. not due to tidal action. CA. The change must be a natural one. Navarro vs. Viajar vs. The river must continue to exist that is.PROPERTY 15 1.Estates adjoining ponds or lagoons.e. they continue to be part of the public domain.” 7. 457 does not apply where the accretion is caused by action of Manila Bay. River beds abandoned through natural change in the course of the waters.“Art. 460. Reynante vs. Trees uprooted and carried away by the current belong to owner of land which they may be cast.“Rules on alluvion do not apply to man-made or artificial accretions to lands that adjoin canals or esteros or artificial drainage system. Manalo. 457. Art. Binalay vs. 457 is automatically owned by the riparian owner from the moment the soil deposit can be seen.” 4. Change must be sudden in order that the old river bed may be identified. Ronquillo vs. just because the lot which receives such accretion is covered by a Torrens title.“Alluvial deposit acquired by a riparian owner of registered land by accretion may be subjected to acquisition through prescription by a 3rd person. Republic vs CA. 461. owners do not acquire land left dry. cannot be considered part of the bed or basin of the bay nor as foreshore lands.” 6. Sudden or Abrupt 3.process whereby a portion of land is segregated from an estate by the current of a river. thereby making the alluvial property imprescriptible. It is the slow and hardly perceptible accumulation of sould deposits that the law grants to the riparian owner. .“An alluvion. Requisites of Change of River Beds: 1. but due to rain. Heirs of E. Right of Owner of Land Occupied by New River Course 1.

union of two movable things belonging to different owners in such a way that they form a single object.if in the middle of the river. Of greater volume. Formed on the seas within the jurisdiction of the Phils. utility and volume of their respective things (475) When Separation Allowed 1. the owner of the former may demand its separation even though the principal may suffer injury. 462. Art. plumbatura. RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY Adjunction or Conjunction. if they are of unequal values (468) 3. (469) 3.such as when a person writes on paper belonging to another 5. Tejido (weaving). 2.different metals 3.such as when a person paints on canvas belonging to another Tests to determine principal in adjunction (467/468) 1. 463.it shall be divided longitudinally in halves. Isolation of a piece of land or part thereof (without being physically transferred to another place). Owner of the principal in bad faith.PROPERTY 16 2. Islands belong to State: (464) 1. Escritura (writing). Separation with injury. Soldadura (soldering).To which the other (accessory) has been united as an ornament or for its use or perfection. but each one of the component things preserves its value. Of greater value. 1. Pintura (painting).Island shall pertain and belong to the owners of the margins or banks of the river nearest to each of them .such as setting a precious stone on a ring 2.same metals b. Of greater merits taking into consideration the comparative merits. 2.such as when threads belonging to different owners are used in making textile 4. Inclusion (engraftment).accessory is much precious than the principal. New Bed through private estate becomes of public dominion. Separation without injury (469) 2. Rule on Importance of Purpose (467).such as joining a piece of metal to another metal. a. Separation(or physical transfer) of a portion of land from an estate by the current. [466] Kinds of Adjunction (ISTEP) 1. River divides itself into branches forming an island. if they are of an equal value (468) 4. 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. 2. On lakes 3. (470) . On navigable or floatable rivers Islands formed in non-navigable or non-floatable rivers (465) . ferruminacion. Art.

471 Form of Indemnity. RULES: 1. Commixtion.takes place when two or more things belonging to different owners are mixed or combined with the respective identities of the component parts destroyed or lost.PROPERTY 17 1. When the maker (considered principal) is in GF . Art. for its value If value of accessory is greater than principal. Mixture. Mixture by will of the owners. Pay OA value of accessory PLUS Right to choose between DAMAGES OR 1. Specification. 472/473. OP in Bad faith.or the mixture of solid things belonging to different owners.or the mixture of liquid things belonging to different owners. Principal and accessory be separated 2.means the giving of a new form to a material belonging to another person through the application of labor or industry.the actor forfeits his things and is liable for damages. 3.Their rights shall be governed by their stipulations. Two Kinds: 1. each acquires a right or interest in proportion to the value of his material. OWNER OF PRINCIPAL (OP) AND OWNER OF ACCESSORY(OA) IN GOOD FAITH/BAD FAITH OP OA Acquires the accessory. (Thing equal in kind/value or price) Art. Mixture caused by an owner in GF or by chance. OP in Good Faith. OA may demand separation even if damages may be caused to the principal (expenses to be borne by the one who caused the conjunction) 2.each share shall still be in proportion to the value of their thing. Rules: 1. 474. 2. OA in Good Faith OP OA 1. OA in Bad faith OP Owns the accessory plus damages OA Loses the thing incorporated and indemnify OP for damages 3. Without stipulation. Confusion. OP paying him the value or 2. . Mixture caused by the owner in BF. That the thing be separated even if principal PLUS DAMAGES will be destroyed Both with right to damages Art. indemnifying the OA May separate them if no injury will be caused. 2.

delivery. encumbrance or claim constituting a plaintiff’s title which may be used to injure or vex him in the enjoyment of his title. he must invoke his remedy within the prescriptive period. plaintiff asserts his own estate and generally declares that defendant’s claim is without foundation -remedial -not suits in rem nor personam but suits against a particular person/s in respect to the res(quasi in rem) -may not be brought for settling boundary disputes (Vda. May not appropriate –material transformed is worth more than the new thing. release of an instrument. When the maker is in BF a. -an action to quiet title brought by the person in possession of the property is IMPRESCRIPTIBLE.any instrument which is inoperative but has semblance of title. The law however.PROPERTY a. does not exclude personal property from actions to quiet title. appropriate the new thing subject to payment of the value of the work or ii. Classification 1.one to prevent the casting of a (threatened) cloud on the title Action to Remove Cloud -intended to procure cancellation. OM cannot appropriate if the value of the work is considerably more than the value of the material due to artistic or scientific importance. The OM may i.one to remove cloud on title 2. Requisites: . demand indemnity for material with damages . protect true title and possession 3. De Aviles vs. OM can appropriate the work without paying for the labor or industry b. Remedial Action. 18 2. -if he is not in possession. Appropriate but must indemnify the owner of the material b. OM can demand indemnity plus damages c. -preventive Cloud. Preventive Action. COMPARISON OF THE 3 TYPES ACCESSION OF MOVABLES Adjunction Mixture Specification Involves at least 2 things Involves at least 2 things Involves at least 2 things Accessory follows principal Co-ownership results Accessory follows principal Things joined retain their Things joined Either retain or The new object retains or nature lose their nature preserves the nature of the original object QUIETING OF TITLE (476) Reasons: 1. real interest of both parties which requires that precise state of title be known Action to Quiet Title -put an end to vexatious litigation in respect to property involved. CA) -applicable to any property or interest therein. prevent litigation 2.

CA. For mere written or oral assertions of claims. A forged contract.“Free Patent issued over private land is null and void” . release litigation of an instrument. Need not be in possession of the property. Prescriptive Period: 1. but must invoke within prescriptive period. encumbrance or claim in the plaintiff’s title which affects the title or enjoyment of the property Nature Plaintiff asserts own claim and Plaintiff declares his own declares that the claim of the claim and title. A voidable contract. Where the validity of the instrument involves pure questions of law. Plaintiff in possession. except: a. A sale by an agent without written authority or after expiration of his authority. 5. An absolute fictitious contract of sale or a sale with simulated consideration. 3. Heirs of M. ineffective.PROPERTY 19 1. To boundary disputes(ibid) 4. Nagaño vs. record. Hussain) 3. pointing its property that the same may defects and prays for the be determined by the court declaration of its invalidity Jurisprudence: 1. 2. claim encumbrance or proceeding which is apparently valid or effective but in truth and in fact invalid. The cloud must be due to an instrument. and at the defendant is unfounded and same time indicates the calls on the defendant to source and nature of the justify his claim on the defendant’s claim. 4. if it is being asserted that the instrument or entry in plaintiff’s favor is not what it purports to be. Plaintiff not in possession. or has been extinguished or terminated or has been barred by extinctive prescription (478). (479) Instances of Cloud of title 1.10 (ordinary). and such instrument may be prejudicial to said title. (477) 2. 5.To questions involving interpretation of documents. Plaintiff must have a legal or equitable title or interest. To deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff. 2.imprescriptible 2. 30(extraordinary) Action to quiet title does not apply: 1. 4. DISTINCTIONS BETWEEN ACTION TO QUIET TITLE & ACTION TO REMOVE CLOUD Basis Action to Quiet Title Action to Remove Cloud Purpose Put an end to vexatious Procure cancellation. (Gallar vs. 3. A contract of sale or donation which has become inoperative because of non-performance by the vendee or donee of a condition precedent. voidable or unenforceable. Plaintiff must return to the defendant all benefits he may have received from the latter or reimburse him for expenses that may have redounded to his benefit. if made in a legal proceeding b.

if no action by owner.PROPERTY 20 2. Roman Catholic Archbishop of Caceres vs. absolute community of property b/w spouses 2. Heirs of M. Legal. contracts 3. Jurisprudence: *Juan F. Singular or Particular-over particular or specific thing .1) 3. law.“The contractor and architect are liable for the damage sustained by a building because of an earthquake. (484) Requisites: 1. Universal. which does not have any semblance of a title. Having made substantial deviations from the plans and specifications. easement of part walls. vs. occupancy—2 persons catch a wild animal 6. architect or contractor (1723) 2. both of them cannot escape liability. To constitute an act of God the following requisites must concur: 1) the cause of the breach of obligation must be independent of the will of the debtor 2) the event must be either unforeseeable or unavoidable 3) the event must be such as to render it impossible for the debtor to fulfil his obligation in a normal manner 4) the debtor must be free from any participation in or aggravation of the injury to the creditor.created by law 2. succession 4. Alejo. Compulsory.” 3. Nakpil & Sons vs.2) ***The complainant must show that his property is adjacent to the dangerous construction. and the architect made plans that contain defects and inadequacy.Right of partition exists 3. having failed to observe requisite workmanship in construction.engineer. unity of material (indivision of object) of ownership 3. in danger of falling–state may compel owner to demolish or make necessary work to prevent from falling (482. recognition of ideal shares Causes/Sources (LCS FOD) 1. donation Kinds of Co-Ownership (LOC CUSI) 1.is that form of ownership which exists whenever an undivided thing or right belongs to different persons. fortuitous event or by chance.“The finding in the case for quieting title prevails over the ruling in the forcible entry case.over universal things (co-heirs) 6.no right of partition exists (party wall) 4.i. CO-OWNERSHIP .commixtion 5. or must have to pass by necessity in the immediate vicinity. Plurality of Subjects—many owners 2.“The judgment of trial court cancelling the TCT in the name of the mortgagor without notice to the mortagee-bank cannot be considered a cloud on the mortgagee’s title or interest over the property. collapse within 15 years from completion.done by government at the expense of owner (482. CA.created by contract 5. Metropolitan Bank & Trust Co. Contractual. Abella.e.” RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING (482 & 483) Liability for Damages 1. Ordinary.

Each co-owner may not dispose of his own share without the consent of all the rest. his share goes by accretion to the other joint-tenants by virtue of their survivorship or jus accrecendi If one joint-tenant is under legal disability (like minority). this benefits the other against whom prescription will not run RIGHTS OF CO-OWNERS (BUCA CERF APPRAP) . JOINT TENANCY Involves a physical whole. the excess is void) NOTE: 20 years is the maximum if imposed by the testator or donee of the common property As a rule. each and all of them own the whole thing. But there is an ideal (abstract) division. Incidental. there is mutual representation Dissolved Cannot substitute another as a partner in his place without consent of others on May be stipulated upon DISTINGUISHED FROM JOINT TENANCY CO-OWNERSHIP Shares Involves a physical whole. because he really has no ideal share If a joint tenant dies. But there is no ideal (abstract) division. and prescription therefore runs against them. each co-owner being the owner of his ideal share Disposal of Shares Each co-owner may dispose of his ideal or undivided share (without boundaries) without the other’s consent Effect of Death If a co-owner dies his share goes to his own heirs Effect of Disability If a co-owner is a minor.PROPERTY 7.exists independently of the will of the parties 21 DISTINGUISHED FROM PARTNERSHIP CO-OWNERSHIP Legal Personality No Legal Personality Source Created by contract or other things Purpose Collective enjoyment of a thing Term Agreement for it to exist for 10 years—valid(if more than 10 years. this does not benefit the others for the purpose of prescription. no mutual representation Not dissolved Can dispose of his share without consent of others Must always depend proportionate shares PARTNERSHIP Has legal/juridical personality Created by contract only (express or implied) Profit No term limit set by law Representation Effect of Death Substitution Profits As a rule.

(495) 8. Pay necessary expenses and taxes—may be exercised only by one co-owner. Right to change purpose of co-ownership by agreement (486) 4. Right to alienate. Reciprocal warranty for defects of title or quality of the portion assigned to the owner. Duty to obtain consent of all if the thing is to be altered even if beneficial. Indemnity for damages caused by reason of negligence and fraud. Right to compel co-owners to contribute to necessary expenses and taxes (488) 6. continuous. such act of repudiation is made known to the other co-owners c. court intervention if prejudicial—appointment of administrator. evidence must be clear and convincing d. Share in charges proportional to respective interest. (498) DUTIES/LIABILITIES OF A CO-OWNER 1. Duty to obtain consent of majority with regards to the administration and better enjoyment of the thing. (492) 6. without preventing other co-owners from making use thereof 3. if practicable. except personal rights like right to use and habitation. (500) 10. Rights to benefits proportional to respective interests. exclusive and notorious. Co-owners cannot ask for physical division if it would render the thing unserviceable. . . (Addille vs. (493) 10. assign or mortgage own part. Pay useful and luxurious expenses if determined by majority (489. he has repudiated through unequivocal acts b. resort to court if nonconsent is manifestly prejudicial. Right to ask for partition anytime (494) 11. notice of necessity of such repairs must be given to co-owners. stipulation to the contrary is void. Right to be adjudicated the thing (subject to right of others to be indemnified) 14.PROPERTY 22 1. CA) 7. (485) 2. (488) 3. Trinanes) (1620) 13. (489) 8. Right to bring an action for ejectment in behalf of the other co-owner (487) 5. but can terminate co-ownership. but can’t be made if prejudicial to co-ownership (488) 7. stipulation to the contrary is void. requisites for acquisition through prescription: a. without prejudice to interest of ownership c. Right to pre-emption (in relation to imprescriptibility-494) 12. for purpose for which it was intended b.The division between two or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from others. Right to use the thing co-owned (486) a. After partition.(500) PARTITION. Right to make repairs for preservation of things can be made at will of one co-owner. his possession is open. (491) 5. controlling interest. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest. duty to render mutual accounting of benefits and reimbursement of expenses (500) 9. receive reimbursement therefrom. 492) 4.(485) 2. Right to redemption in case the shares of all the other co-owners or any of them are sold to a 3rd person (Cadag vs. 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. (493) 9. No prescription to run in favor of a co-owner as long as he recognizes the co-ownership (494). Right to full ownership of his part and fruits.

insofar as his share is concerned. held in possession by the former. who shall indemnify the others. 2. When the legal nature of the common property does not allow partition. (494) Exception: When a co-owner may not successfully demand a partition 1. 2. CA) Art. Loss or destruction of property co-owned. Filing by a trustee of an action in court against a trustor to quiet title to property or for recovery of ownership thereof. (494) 3. EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. Partition (Judicial or Extrajudicial) TERMINATION OF CO-OWNERSHIP Jurisprudence: . Expropriation 7. 4. 3. Execution of a deed of partition and on the strength thereof cancellation of title to the property was obtained in the name of the predecessor and the issuance of a new one wherein plaintiff appears as new owner. may constitute an act of repudiation of the trust reposed on him by the latter. 4. 497. The issuance of the certificate of title. and the lapse of more than 20 years. Each co-owner may at any time demand the partition of the thing owned in common. but in this case. 3. (498) 5. If by agreement (for a period not exceeding 10 years) partition is prohibited. When partition is prohibited by law. (De lima vs. Sale of property co-owned 5. and the proceeds distributed. open and adverse possession as owner would certainly suffice to vest title by prescription. the property may be allotted to one of the co-owners. Creditors or Assignees of co-owners cannot impugn any partition already executed unless there has been fraud or made notwithstanding a formal opposition. 5. Consolidation or merger in one co-owner. Termination of period agreed upon by the co-owners. Positive Acts of Repudiation 1. (494) 4. When one who is an apparent administrator of property causes the cancellation of the title thereto in the name of the apparent beneficiaries and gets a new certificate of title in his own name.PROPERTY 23 General Rule: No co-owner shall be obliged to remain in the co-ownership. A co-owner cannot acquire the whole property as against the other co-owners. (494) 2. An action for reconveyance of land based on implied or constructive trust prescribes within 10 years and it is from the date of the issuance of such title that the effective assertion of adverse title for purposes of the statute of limitation is counted. or in case of disagreement it will be sold. Exception: valid repudiation—prescription shall start from such repudiation Exception to the Exception: In constructive trusts prescription does not run. Acquisitive prescription in favor of a 3rd person or a co-owner who repudiates the co-ownership. When a physical partition would render the property unserviceable (495). 6. When partition is prohibited by a donor or testator (for a period not exceeding 20 years) from whom the property came. PRESCRIPTION General Rule: Prescription does not adversely affect a co-owner or co-heir.

Therefore. Tuason vs.” 7. Hence.an interest in real property consisting of a separate interest in a unit in a residential. it will not put an end to existing co-ownership. constitutes no such unequivocal act of repudiation amounting to an ouster of the other co-owner and cannot constitute adverse possession as basis for title by prescription. CA.“Creditors and assignees have the right to be notified of a partition. Vda. then. Mariano vs. or commercial building and an undivided interest in common directly or indirectly.“The Statute of Frauds does not apply to partition because it is not legally deemed a conveyance or a sale of property resulting in change of ownership but simply a segregation and designation of that part of the property which belongs to each of the co-owners. Although there are apparently separate and distinct properties. Barreto vs. Laguna vs. Adille vs. or without the consent of the other co-owners. he can also cancel his own lease independently of the other coowner. By virtue of the document the parties thereto practically and substantially entered into a contract of partnership as the ebst and most expedient means of eventually dissolving the co-ownership.” PERPENDICULAR CO-OWNERSHIP.” 5. industrial.” 6.” 3. De Castro vs. De Santos vs.“Accounting should be with respect to net proceeds not the gross proceeds derived from the sale” 3. Respondent should be held liable for monthly rentals.“When petitioner filed an action to compel the sale of the property and the trial court granted the petition. Atienza. (490) -. Lim. Cabigao vs.PROPERTY 24 1. Thus. *Title to the common areas may be held by a corporation specially formed for the purpose.“The torrens title does not furnish shield of fraud. Abaya. each story being divided into different units owned by different persons who are members or shareholders of a condominium corporation. Bank of Phil. where one registered the property in question in his name in fraud of his co-heirs. CA.This is to be distinguished from a CONDOMINIUM.“If a lease could be entered into partially by a co-owner insofar as his interest is concerned.“Redemption of the whole property by a co-owner does not vest in him sole ownership over said property. Redemption within the period prescribed by law by a co-owner will inure to the benefit of all co-owners. prescription can only be deemed to have commenced from the time the latter discovers the fraudulent act.” 2. CONDOMINUM ACT (RA 4726) Condominium. the sale is valid insofar as his ideal quota is concerned unless the sale is authorized by the other co-owners. De Espina vs. in which holders of separate interests automatically become members or shareholders. Tuason. . these are indestructively united for their ornamentation and use and even for their very existence with other necessary and essential things which are the main and party walls.” 9. which is a building consisting of several stories. Thereafter. Islands. such obligation is a mere incident to the main object of dissolving the co-ownership. Aguilar vs. a co-owner who cancels a lease of his share of a property is liable on his express undertaking to refund the advance rental paid to him by the lessee.“Even if a co-owner sells the whole property as his own. the roof and other things used in common. CA.“When co-owners agreed to subdivide a parcel of land into small lots and then divide the parcels among them. Levantino-“The sole fact of a co-owner having declared the lands in question in his name for tax purposes nor the payment of land taxes. CA. such absence would make the partition executed not binding on them.” 4.” 8. Vda. --Different stories of a house belong to different owners. the co-ownership was deemed terminated and the right to enjoy the possession jointly also ceased. the continued stay of respondent and his family in the house prejudiced the interest of the petitioner as the property should have been sold and the proceeds divided equally between them. in the land on which it is located and in other common areas of the building.

that they consent to the registration of the deed. (f) A certificate of the registered owner of the property. its relative location and approximate dimensions. office or store or other space therein. (g) The following plans shall be appended to the deed as integral parts thereof: (1) A survey plan of the land included in the project. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation. (h) Any reasonable restriction not contrary to law. the following: (a) Description of the land on which the building or buildings and improvements are or are to be located. To divide real property. (d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. an enabling or master deed which shall contain. (b) Description of the building or buildings.means a part of the condominium project intended for any type of independent use or ownership. morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. (e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use.means the entire project excepting all units separately granted or held or reserved. including accessories appended. Project. the number of units and their accessories. if the latter had been patented or registered under either the Land Registration or Cadastral Acts. in sufficient detail to identify each unit. Common areas. among others. TRANSFER OR CONVEYANCE Any transfer or conveyance of a unit or an apartment. including all structures thereon.PROPERTY 25 Unit. (c) Description of the common areas and facilities. (2) A diagrammatic floor plan of the building or buildings in the project. APPLICABILITY: Property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land. in a proper case. except in cases of hereditary succession.means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof. if he is other than those executing the master deed. shall include the transfer or conveyance of the undivided interests in the common areas or. a statement to this effect shall be included. the membership or shareholdings in the condominium corporation: Provided. stating the number of stories and basements. Incidents of a condominium grant . if any. That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof. however. unless a survey plan of the same property had previously bee filed in said office. or corporations at least sixty percent of the capital stock of which belong to Filipino citizens.the entire parcel of real property divided. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens. as well as of all registered holders of any lien or encumbrance on the property.

duly registered have been met. tile. an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. (e) Each condominium owner shall have the exclusive right to paint. . reservoirs. (b) There shall pass with the unit. ceilings. wires and other utility installations. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. conduits. DECLARATION OF RESTRICTIONS (a) As to any such management body. or (e) That the conditions for such partition by sale set forth in the declaration of restrictions. columns. GENERAL Rule: Common areas shall remain undivided and there shall be no judicial partition thereof: EXCEPTIONS: (a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto. The following are not part of the unit bearing walls. pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him. that it is obsolete and uneconomic. in equal shares. pumps and other central services and facilities. wax. tanks. or (c) That the project has been in existence in excess of fifty years. (g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties. ceilings. central refrigeration and central air-conditioning equipment. floors. provided. (c) Unless otherwise.PROPERTY 26 (a) The boundary of the unit granted are the interior surfaces of the perimeter walls. hallways. or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof. flues. stairways. except the outlets thereof when located within the unit. floors. ducts. (f) Each condominium owner shall have the exclusive right to mortgage. repaint. and other areas of common use. chutes. (d) A non-exclusive easement for ingress. windows and doors bounding his own unit. floors. as an appurtenance thereof. pipes. the common areas are held in common by the holders of units. and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project. elevator equipment and shafts. the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction. paper or otherwise refinish and decorate the inner surfaces of the walls. or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project. windows and doors thereof. egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. foundations and other common structural elements of the building: lobbies. central heating. one for each unit. roofs. wherever located.

All other categories of surface waters such as water flowing over lands. (e) For the subordination of the liens securing such assessments to other liens either generally or specifically described. or undivided interest in. each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas. Seawater The following waters found on private lands also belong to the State (CLRSS) a. and g. Continuous or intermittent waters rising on such lands. subject to the superior rights of the corporation creditors.PROPERTY 27 (b) The manner and procedure for amending such restrictions: Provided. except if conditions on partition is present(Sec. Rivers and their natural beds. water form rainfall whether natural or artificial. be transferred pro-indiviso and in proportion to their interest in the corporation to the members or stockholders thereof. or upon any other reasonable condition. or upon specified percentage of damage to the building. exchange of common areas owned or held by it in the condominium project WATER CODE OF THE PHILIPPINES (PD 1067) Ownership of Waters The following belong to the state: (RCL SASS) a. Subterranean or ground water. Affirmative vote of all the stockholders or members thereof at a general or special meeting duly called for the purpose. Involuntary dissolution of a condominium corporation. dissolves the corporation provided requirements of Corporation Law complied. Natural lakes and lagoons. Lakes and lagoons naturally waters rising on such lands. e. Term of a condominium corporation. 8). d. After such transfer or conveyance. . lease. Atmospheric water. That the vote of not less than a majority in interest of the owners is obtained. Affirmative vote of all the stockholders or members necessary to dispose. The common areas owned or held by the corporation shall. Such transfer or conveyance shall be deemed to be a full liquidation of the interest of such members or stockholders in the corporation. or upon a decision of an arbitrator. the provisions of this Act governing undivided coownership of. seepage and drainage. f. Corporation not Voluntary Dissolved if Master deed not revoked. and water from agriculture runoff. (d) For reasonable assessments to meet authorized expenditures. (f) Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds. (c) For independent audit of the accounts of the management body. the common areas in condominium projects shall fully apply. b. the provisions of the Corporation Law to the contrary notwithstanding. Effect. Co-terminus with the duration of the condominium project. by way of liquidation. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves c. b.

Municipal c. who are duly qualified by law to exploit and develop water resources. tanks. thereafter. Power generation e. as well as juridical persons. Livestock raising g. APPROPRIATION OF WATERS (DMIP FLIRO) a. Appropriation of water by means of hand carried receptacles. so long as it is being beneficially used for the purposes for which it was appropriated. springs and lakes. Rain water and falling on such lands. . after due notice and hearing. d. streams. **Only citizens of the Philippines. a. and. and b. Recreational i. * Any person who captures or collects water by means of cisterns. Bathing or washing. may apply for water permits. Waters in swamps and marshes. mortgage or one having real right over the land upon which he purposes to use water. Subterranean or ground waters. however. Fisheries f. The Council. so that a superior right in one is not adversely affected by an inferior right in the other. Domestic b. Irrigation d. That the proposed easement is the most convenient and the least onerous to the servient estate.PROPERTY c. and navigation of watercrafts or transportation of logs and other objects by flotation. provided that such use shall have been registered. Industrial h. lessee. e. * Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator's canal or aqueduct leading to the place where the water will be used or stored and. Other purposes **A person may appropriate or use natural bodies of water without securing a water permit for any of the following. when required by the Council. or pools shall have exclusive control over such water and the right to dispose of the same. or in times of emergency. may regulate such use when there is wastage. watering or dipping of domestic or farm animals. of legal age. That he is the owner. 28 *The owner of the land where the water is found may use the same for domestic purposes without securing a permit. **The utilization of subterranean or ground water shall be coordinated with that of surface waters such as rivers. and b. **A holder of a water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of the waters to be appropriated subject to the requirements of just compensation and to the following conditions: a. **Water rights may be lent or transferred in whole or in part to another person with prior approval of the Council.

irrigation. encroachment by the river or change in the course of the river. and utilization of subterranean or ground water and surface waters. subject to the requirements of just compensation. the owners or the affected lands may not compel the government to restore the river to its former bed. flotage. aqueduct or reservoir. No person shall be allowed to stay in this zone longer than what is necessary for recreation. ** When a drainage channel is constructed by a number of persons for their common benefit. twenty (20) meters in agricultural areas and forty (40) meters in forest areas. The owner of the lower estate can not construct works which will impede this natural flow. ** When a water resources project interferes with the access of landowner to a portion of his property or with the conveyance of irrigation or drainage water. **Water contained in open canals. neither can the owner of the higher estate make works which will increase this natural flow. **Lower estates are obliged to receive the waters which naturally and without the intervention of man flow from the higher estates. as circumstances warrant. ** When artificial means are employed to drain water from higher to lower land. provided that such constructions does not cause damage to the property of another. navigation. cost of construction and maintenance of the channel be borne by each in proportion to the benefits derived. as well as the stones or earth which they carry with them. the owner of the higher land shall select the routes and methods of drainage that will cause the minimum damage to the lower lands. along their margins. The owners of the lands thus affected are not entitled to compensation for any damage sustained thereby. Provided. The boundary of a control area may be altered from time to time. **Any person may erect levees or revetments to protect his property from flood.PROPERTY 29 For this purpose. However. the Council shall promulgate rules and regulations and declare the existence of control areas for the coordinated development. flumes and other structures necessary for maintaining access. or drainage in addition to paying compensation for land and incidental damages. That this right may be restricted by the owner should it result in loss or injury to him. fishing or salvage or to build structures of any kind. **When a river or stream suddenly changes its course to traverse private lands. . the former owners of the new bed shall be the owners of the abandoned bed proportion to the area lost by each. fishing and salvage. navigation. **The banks or rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas. nor can they restrain the government from taking steps to revert the river or stream to its former course. Control area is an area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other. flotage. are subject to the easement of public use in the interest of recreation. aqueducts or reservoirs of private persons may be used by any person for domestic purpose or for watering plants as long as the water withdrawn by manual methods without checking the stream or damaging the canal. unless he provides an alternative method of drainage. protection. the person or agency constructing the project shall bear the cost of construction and maintenance of the bridges.

Demand fruits and damages from one unlawfully detaining property 4. (524) Forms or Degrees of Possession (WJJF) 1. 3. Possession in behalf of juridical entities. 3. apprehension.The holding of a thing or the enjoyment of a right. 2. Ex. (524) 2. Lessee. Unauthorized (negotiorum gestio)—this will become the principal’s possession only after there has been a ratification without prejudice to the effects of negotiorum gestio. Juridical: when possession gives the transferee a right over the thing which the transferee may set-up against the owner. 5. Possession without any title—mere holding without any right at all. Possession in good faith. Requisites: (OIR) 1. (524) Note: Subject to ratification if not authorized by principal. Provided. Occupancy. May ask for inscription of possession d. An action may be brought to protect possession c.PROPERTY 30 The owners of the affected lands may undertake to return the river or stream to its old bed at their own expense. 4. depositary. Voluntary—agent possesses for the principal b. Ex. agent. Possession with juridical title—predicated on juridical relation existing between the possessor and the owner. That a permit therefore is secured from the Secretary of Public Works. Possession in one’s own name—possessor claims the thing/right for himself. Possession with a title in fee simple—derived from the right of dominion or possession of an owner. By virtue of one’s own right—in his own name or in that of another. or taking of a thing or right (possession in fact) 2. which is ownership. pledgee and trustee. Classes of Possession (GO BAHO) 1. Necessary/legal—as when a mother possesses for a child still in the maternal womb or incapacitated. Transportation and Communication and work pertaining thereto are commenced within two years from the changes in the course of the river or stream. c. Lessee. (i.(526) . Deliberate intention to possess (animus possidendi) 3. This is the highest degree of possession. Physical or material Possession: as when possessor is a mere custodian (i. Seller is not the true owner or could not transmit his right thereto to a possessor who acted in GF.(525) Note: Possessor may be the owner himself or an adverse possessor. (525) Examples: Usufructuary. May be converted into ownership through acquisitive prescription b. possession of money by a bank teller. Possession in name of another—possessor holds the thing/right owned by another.e.e. Thief or squatter. b. Possession. Possession with just title sufficient to transfer ownership. This may be: a. bailee in commodatum. Effects: a. Ex. usufructuary. Possession in the concept of owner—possessor by his actions is considered or is believed by other people as the owner regardless of good faith or bad faith. Possession in the concept of holder—possessor acknowledges that there is a superior right over the thing by another person. possession of an agent who receives the proceeds of sales of goods delivered to him in agency by his principal) Classes: a.

” (Heirs of Roxas v. “Where the land sold is in the possession of another other than the vendor. CA 1982) 8. Possessor has a title or mode of acquisition (712) b. When for example a person took possession of land by planting trees and constructed building. Dela Cruz 1907) 3. Tuason & Co.”(Javier v. “Where the petitioner acquired his interest in the land aware that a litigation concerning the land was still pending. CA 1984) Extent of Possession 1. 31 Instances of Bad Faith 1.PROPERTY Requisites: a.” (J.”—(Republic vs.M.” (Somodio v. Director of Lands-1938) 2. 2. “Mere cultivation does not constitute possession under a claim of ownership. on the certificate of title of which an adverse claim was previously annotated. Inc. “Doctrine of constructive possession does not apply where the possession is wrongful or the part allegedly constructively possessed is in adverse possession of another”—(Sarmiento v. Actual. “Where the purchaser of land has notice that it is subject to right of repurchase from his vendor (vendee a retro in a previous sale) although such right has already lapsed but the title has not yet been cleared of the encumbrance. which land was owned by another as evidenced by the latter’s Torren’s title thereto. failing in this purchaser cannot invoke good faith. “Mere planting of a sign or symbol of possession cannot justify a Magellan-like claim of dominion over an immense tract of territory” – (Lasam v.possessor is aware of defect or flaw in his title. “Where the possessor has always believed that the land in question did not belong to him. Lesaca 1960) . vs. CA 2004) 7. Diaz 1979) 6. Director of Lands 1934) 4. the purchaser must go beyond the certificate of title and make inquiries.” (Conde v.occupancy in fact of the whole or at least substantially whole.”—(Ramirez vs.occupancy of part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole. CA 1988) 3. “Mere fact of declaring uncultivated land for taxation purposes and visiting it every once in a while has been held not to constitute acts of possession. There is a flaw or defect in said title or mode c.” (Gardner v. It is sufficient that the property was able to be subjected to his will. it was immaterial that the building was unfinished and that he left the place and visited the property intermittently. in view of the presumptive knowledge of the Torren’s title. Javier 1906) 2. Possession in bad faith. “Where one purchased a land.” – (Lerma v. Mumar 1968) 5.1994) Exceptions/Qualifications: 1. (526). Constructive. “Where a purchaser believed that the seller was the owner of the land sold. Doctrine of Constructive Possession General Rule: “Possession and cultivation of a portion of a tract of land under claim of ownership is constructive possession.”—(Rivera v. CA. “Where the wife was present when her husband entered into the lease contract and was not ignorant of the defect in her husband’s alleged prescriptive title when she pretended to take possession thereunder. “Where the lessee continues to occupy the premises after the period of the lease contract has already expired as he becomes a usurper with no right to legitimately continue in the use and enjoyment thereof. 6.” (Republic v. Possessor is unaware or aware of the flaw or defect or believes that the thing belongs or does not belong to him. Moran 1926) 4.

Of enjoyment in the same character in which possession was acquired until the contrary is proved [529] 4. Uninterrupted possession of hereditary property (533. 2. Exclusive possession of common property [543] 8. Continuous possession [554] 9. Heir accepts: from the moment of death since there is no interruption. By proper acts and legal formalities established for acquiring such right of possession. By the subjection of the thing or right to our will (tradition longa manu and tradition symbolica) 3.2] OBJECT OF POSSESSION [530] (RPDN) 1. Res Communes (privately owned property) {Res Nullius: No Owner} 2. [534] Time of acquisition: a. One who succeeds by hereditary title shall not tack the bad faith of the predecessors-in-interest except when he is aware of flaws affecting title. Thru an authorized person or by his legal representative or agent 3. By the material occupation of exercise of a right (Traditio brevi manu and traditio constitutum possessorium) 2. Non-apparent servitudes Acquisition of Possession (MWA) [531] 1. By whom possession is acquired (532) 1.PROPERTY 32 Presumptions in favor of the possessor 1. Possession during intervening period [1138. Uninterrupted possession [561] 10. but effects of possession in good faith shall not benefit him except from the date of death of decedent. Of continuity of initial good faith [528] 3. [533] 2. Heir refuses or incapacitated to inherit: he is deemed never to have possessed the same Acquisition by Minors/Incapacitated Persons [535] May acquire material possession but not right to possession. Thru an unauthorized person or by any person without any power or authority whatever Possession through succession 1. . Of Good Faith (527) 2. Possession of movables with real property [542] 7. Possession with just title [561] 6. Possession of hereditary property is deemed transmitted w/o interruption from moment of death (if accepted) and if not accepted is deemed never to have possessed the same. Such right to possession may only be acquired through their legal representatives. Personally or by the same person who is to enjoy it.1) 5. b. Property of public dominion 3. Discontinuous servitudes 4.

* Colorable Title.may be written or oral proof.one which a person has when he buys a thing in good faith. Present of actual possessor shall 2. as when one is in possession of a thing in the mistaken belief that it had been bequeathed to him. Civil Fruits accrue daily).PROPERTY 33 Resort to Courts necessary to acquire possession when there is a possessor objecting thereto. 5. This is the required title for acquisitive prescription (De Jesus v. EFFECTS OF POSSESSION Rights of Possession 1. Possessor in good faith entitled to fruits received before possession is legally interrupted. [536] Acts that do not give rise to presumption of abandonment of right of possession [537] 1. [541] * Just Title. Title sufficient to transfer ownership without need of possessing the property for the period necessary for acquiring title by prescription.one which a person believes he has but in fact he has not because there was no mode of acquiring ownership. Right to a part of expenses of cultivation and net harvest in proportion to time of possession if there would be any natural or industrial fruits at the time good faith ceases. longer in possession 3. Right to secure the proper writ to restore him in his possession from a competent court in an action for forcible entry. Co-possessors deemed to have exclusively possessed part which may be allotted to him. The application of force or intimidation therefore could not result to acquisition of possession. [543] 7. [544] 8. CA-1993) * Putative Title. the fact of possession shall be judicially determined and in the meantime. [539] 3. the thing shall be placed in judicial deposit. Right to be respected in his possession and should he be disturbed he shall be protected in or restored to said possession. If there are two possessors. Possession acquired and enjoyed in the concept of an owner can serve as title for acquisitive prescription. [539] 2. [542] 6. It is title that it true and valid. Possession of real property presumes that movables are included. interruption in whole or in part shall be to the prejudice of all. from one who is not the owner but whom he believes to be the owner. even if acted in BF [540] 4. possessor with a title (i. Acts of violence Conflicts between several claimants [538] General Rule: Possession cannot be recognized in two different personalities except in case of co-possession when there is no conflict Preference of Possession 1. If all the above are equal. Acts merely tolerated 2.e right or document evidencing his right to support his possession) 4. Possession in concept of owner has in his favor the legal presumption of just title. If dates of possession are the same. (Natural and industrial: received from the time gathered/severed. Clandestine or unknown acts 3. (Owner has the option to allow the possessor to finish the cultivation and gathering of the growing fruits which .

Possessor in GF has the right to be reimbursed for necessary expenses whether in GF or in BF. if he refuses this concession he loses the right to be indemnified. Possessor in BF liable for loss or deterioration even if caused by fortuitous event. (Calagan v. CFI Davao-1980) 12.1] 4. no right of retention is granted to the vendee a retro. possession unjustly lost is deemed to have enjoyed it without interruption. living in a state of nature independently of and without the aid and care of man Domesticated or Tamed Animals: animals which are wild or savage by nature but have been subdued and made use of by man and become accustomed to live in a tamed condition 15. Bear cost of litigation [550] 3.—SC ruled that requiring the vendor a retro to return the value of house constructed was illegal. Possessor in GF may remove improvements if can be done w/o damage to principal thing unless owner exercises option of paying expenses/increase in value. Only Possessor in GF has the right of retention. [549] 2. [551] 14.2] *Person who recovers possession not obliged to pay for improvements which have ceased to exist at the time of occupation.2] 11. It being clear that vendor a retro is not exercising the option to refund the useful expenses. [548] 13. Possessor in GF not liable for loss or deterioration except when fraud and negligence intervened. [553] LOSS OF POSSESSION [555] {AA PEA DC} . One who recovers according to law. Right to possession wild animals while under one’s control. [560] Wild Animals: whether terrestrial or aquatic. [546. [552. [561] Liabilities/Duties of Possessor 1.PROPERTY 34 shall be considered indemnity for his part of expenses and net proceeds. Possessor in GF and BF may not be entitled to payment for luxurious expenses but may remove them provided principal is not injured and provided owner does not choose to refund the amount expended.1] 10. [552. Incidentally. Improvements caused by nature or time shall inure to the benefit of person who has succeeded in recovering possession.) [545] 9. Possessor in GF has the right to be reimbursed for useful expenses with right of retention (Owner has the option to pay expenses or the increase in value of the property by reason of the useful expenses) [546. Possessor in BF must reimburse the value of fruits which the legitimate possessor could have received [549 in relation to 443] *Luxurious expenses shall not be refunded to Possessor in BF but may remove improvements without injury and provided lawful possessor does not prefer to retain them by paying their value. then the vendee a retro may remove the house since this can be done without damage to the principal thing. a homesteader exercising his right of repurchase was ordered to refund the value of a house constructed on subject land by a vendee a retro. [547] * Vendor a retro.

Owner has voluntarily parted with the possession of a thing 3. No further proof is necessary.[Gaboya v. Warehouse Receipts Law) 3. Where the owner of the movable by his conduct precluded from denying the seller’s authority to sell 2. (PD 1529. in law. Where recovery is no longer possible because of prescription (1132) 7. Where the law enables the apparent owner to dispose of the movable as if he were the true owner thereof. Acquired in GF 2. NIL. Thing went out of commerce POSSESSION WHEN NOT LOST 1.[556] 2. Cui -1971] . Where the possessor becomes the owner of the thing in accordance with the principle of finder’s keeper (719) USUFRUCT -Right to enjoy the property of another with the obligation of preserving its form and substance. Where the sale is sanctioned by statutory or judicial authority 4. When may possession may not be recovered if unlawfully deprived of 1. which are not prejudiced except in accordance with Mortgage Law and Land Registration Laws. Destruction or total loss of the thing 7. real right not lost until after 10 years. When agent encumbered property without express authority unless ratified [558] Possession of movable equivalent to title [559] 1. [562] * “A Person cannot create a usufruct over his own property and at the same time retain ownership of the same. Eminent Domain 5. Abandonment of the thing 2.PROPERTY By will of the Possessor 1.”. [557] 3. Assignment to another by onerous or gratuitous title 35 Against the Will of the Possessor 3. For usufruct is essentially jus in re aliena. Where the sale is made at merchant’s stores. Where the seller has a voidable title which has not been avoided at the time of the sale to the buyer in GF for value and w/o notice of the seller’s defect of title (1506) 6. It is equivalent to a title. fairs or markets (1505) 5. With respect to third persons. unless the title constituting it or the law otherwise provides. 4. When remained with possessor’s control eventhough for the time being he may not know their whereabouts. and to be a usufructuary of one’s own property is. Acquisitive Prescription By Reason of the Object 6. Possession is in the concept of owner Doctrine of Irrevindicability—Possession in GF of a movable is presumed ownership. a contradiction in terms and a conceptual absurdity. Possession of another if new possession lasted longer than one year(possession as a fact).

2. May be constituted on real or personal. simple b. Universal—if over the entire patrimony b. As to extent of owner’s patrimony [598/599] a.at the same time 2. Legal.created by will of the parties either by donation inter vivos or donation mortis causa c. normal b. 4. The number of years it will exist c. in usufruct created by donation. Whether it be pure or a conditional usufruct b. Mixed. consumable or nonconsumable.those which may be present or absent depending upon the stipulation of the parties a. Real right of use and enjoyment (whether registered or not) b. of things . Accidental. As to quality of kind of object a. successive. Total ii. Voluntary or conventional. Temporary Duration c. Transmissible e. As to whether or not impairment of object is allowed [562] a. abnormal 2. As to number of persons enjoying the right [611] a. gave in his will the usufruct of the property for the requisite prescriptive period to his wife and naked ownership to his brother and wife possessed it in GF as usufructuary.those which are ordinarily present but can be eliminated by a contrary stipulation a. Particular/Singular—if only individual things are included 6. Essential a. As to origin [563] a. multiple 1. Partial 5. Whether it is in favor of one person or several Classifications of Usufruct 1.PROPERTY CHARACTERISTICS/ELEMENTS 36 1. Natural.created by law such as usufruct of the parents over the property of their unemancipated minor b. Tangible or intangible property. all the donees must be alive or at least already conceived at the time of the perfection of the donation.one after the other *In case of multiple usufructuaries. Its purpose is to enjoy the benefits and derive all advantages from the object as a consequence of normal use or exploitation d. The obligation of conserving or preserving the form and substance of the thing 3. 3. As to quantity or extent of object [564] i.acquired by prescription such as when believing himself the owner of the property of an absentee. simultaneous.

ex die in diem—from a certain day up to a certain day c. or when a builder has built in GF on the land of another a building. Resolutory ii. last will or prescription by a contract. With a condition i. Abnormal(or imperfect or irregular)—involves consumable things b. As to terms or conditions a. Suspensive DISTINGUISHED FROM LEASE Extent Nature Usufruct Lease Covers all fruits and uses as a Generally covers only a rule particular or specific use Is always a real right Is a real right only if registered.PROPERTY 37 i. (so present and future support cannot be an object of usufruct) 7. Normal(or perfect or regular)—this involves non-consumable things where the form and substance are preserved ii. acting in behalf of the sublease or when the lessor is owner only a usufructuary May be created by law. ex die—from a certain day ii. or by a duly authorized the owner as when there is a agent. and by way of exception by law (as in the case of an implied new lease. Pure—No term or condition b. With a term or period i. when the land is considerably worth more in value than the building The owner is more or less The owner or lessor is more or passive and he allows the less active and he makes the usufructuary to enjoy the thing lessee enjoy given in usufruct The usufructuary has the duty The lessee generally has no to make ordinary repairs duty to pay repairs The usufructuary pays for the The lessee generally pays no annual charges and taxes on taxes the fruits A usufructuary may lease the The lessee cannot constitute a thing to another usufruct on the property leased USUFRUCT EASEMENT Creator Origin Cause Repairs Taxes As to other things DISTINGUISHED FROM EASEMENTS . May be created as a rule only contract. in diem—up to a certain day iii. as in the case of lease of real property OR if contracted for more than one year Can be created only by the The lessor may or may not be owner. of rights—rights must not be personal or intransmissible in character.

Industrial and Natural Fruits i. the pending crop expenses and charges shall be pro-rated b/w said possessor and the usufructuary ii. Fruits pending at the termination of usufruct [567]  belong to the owner  BUT the owner must reimburse the usufructuary for ordinary cultivation expenses and for seeds and similar expenses. Civil Fruits Accrue Daily [569] i. the usufructuary should pay the appraised value at the termination of usufruct if the thing/s were appraised when delivered. Right to enjoy any increase which the thing in usufruct may acquire through accession [571] 4. return the same quantity and quality or pay the current price. Both stock and cash dividends are considered civil fruits b. but w/o prejudice to the rights of 3rd persons (thus if the fruits had been planted by a possessor in GF. If there is no appraisal.PROPERTY Object Extent Coverage May be real or personal property What can be enjoyed here are all uses and fruits of the property Cannot be constituted on an easement. AS TO THINGS AND ITS FRUITS 1. Right to personally enjoy the thing in usufruct or lease it to another [572-577]  Right to make use for the purpose intended of things which gradually deteriorate and shall not be responsible for deterioration due to wear and tear and is only obliged to return the thing in that condition but shall pay indemnity if deterioration was caused by his fraud or negligence [573]  In case of usufruct on consumables. Belong to the usufructuary in proportion to the time the usufruct may last ii. Right to Hidden Treasure as stranger [566] 3. Fruits pending at the beginning of usufruct [567]  belong to the usufructuary  no necessity of refunding the owner for expenses incurred. [577] . fallen or uprooted trunks if trees or shrubs disappeared through calamity or extraordinary event and demand their removal from the owner. but it may be constituted on the land burdened by an easement Usually extinguished by death of usufructuary Involves only real property Limited to particular use 38 May be constituted on a piece of land held in usufruct Not extinguished by the death of the dominant estate Effect of Death RIGHTS OF THE USUFRUCTUARY I. (Hence the excess of expenses over the proceeds need not be reimbursed) 2. Right to fruits a. [574]  Right to make use of the dead trunks (of fruit-bearing trees and shrubs) and those cut-off or uprooted by accident with obligation to replace them [575]  Right to leave the dead. from the proceeds of the fruits. [576]  Right to benefits produced naturally in usufruct of woodland.

Querol 1908) 4. Bachrach 1947] 2. Right to retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on capital [612] II. [599] 5. Other . the usufructuary is not obliged to pay the debt for the security of the mortgage. w/ or w/o interest the capital he has collected. (Pichay v. The right of the usufructuary is not affected by the division but it is limited to the fruits of said part allotted to the co-owner. he may collect the credits and invest the capital which must be at interest with the consent of the naked owner or approval of the court. [594] 2. Right to make on the property in usufruct such improvements or expenses he may deem proper and to remove the improvements provided no damage is caused to the property [579] 6. Right to be reimbursed for indispensable extraordinary repairs made by him in an amount equal to the increase in value which the property may have acquired by reason of such repairs. collect them and use and invest. (All other cutting down of trees ofther than this should be for the purpose of restoring or improving things in usufruct and subject to consent of the owner) [577]  Right to make necessary thinnings in nurseries [577] 5. As to advances and damages 1. Right to alienate (or mortgage) the right of usufruct except parental usufruct [572] * “After a usufrucruary has donated her usufructuary right over a certain property she cannot get it back on the ground that she did not own the properties” –[Seifert v. Right to exercise all the rights pertaining to the co-owner with respect to the administration and collection of fruits or interests from the property. As to Usufruct itself 1.2] 3. usufructuary may claim matured credits. He shall have a right to whatever he may lose by reason of the attachment of sale of the immovable for the payment of debt of the owner. Right to be indemnified for damages caused to him by the naked owner who caused an alteration which diminished the value of the thing in usufruct [581] IV. Right to be reimbursed for taxes on the capital advanced by him [597. in any manner he may deem proper. [582] *”The usufructuary shall be bound by the partition made by the owners of the undivided property although he took no part in the partition but the naked owner to whom the part held in usufruct has been allotted must respect the usufruct. Right to set-off the improvements he may have made on the property against any damage to the same [580] 7. in a usufruct of part of a common property. [600] III. In usufruct of mortgaged immovables. Right to bring action and oblige owner thereof to give him proper authority and necessary proof in a usufruct to recover property or a real right [578] 3. If he has not given security or it is insufficient or he has been excused to give one.PROPERTY 39  He shall have the right to ordinary cutting or felling habitually made by the owner (or according to customs of the place) if the woodland is a copse or consists of timber for building. In usufruct of Matured Credits.

if perish in part due to accident—continue on remaining portion If usufruct was constituted on sterile animals—as if fungible. Capital & proceeds of sale of movables be invested in safe securities(Interest on proceeds or property under administration belong to the usufructuary) 4. Those before the usufruct begins [583] a. Retain property as administrator but with obligation to deliver net proceeds(after deducting expenses of administration agreed upon or judicially allowed) to usufructuary until he gives sufficient security. and it was lost. immovable be placed under administration 2. when building forming part of the usufruct on immovable has been destroyed in any manner [607] {Same rule if Usufruct is constituted on building only} 2. [591] . Posting of security i. Right to make use of the land and materials. Notice of inventory of property (appraisal and description of movables) b. not required by law or no one will be injured [585] Failure to Give Security: owner may demand that: 1.PROPERTY 40 1. ** Court may grant petition not to deliver the furniture. but he must take an oath. If usufructuary shares in insurance of tenement in usufruct. Liability for negligence or fault of substitute [590] 6. Pay expenses to 3rd persons for cultivation and production at beginning of the usufruct 2. Not applicable to parents who are usufructuary of children except when 2 nd marriage was contracted and to donor who has reserved the usufruct of the property donated [584] ii. may be replaced of same kind and quality. If usufruct is constituted on animals—duty bound to replace dead animals that die from natural causes or became prey. if all of them perish w/o fault but due to contagious disease/uncommon event—deliver those that are saved. Excused—allowed by owner. These shall be delivered to him if he gives security to the usufructuary for the payment of legal interest on their appraised value. Pay damages in case of usufruct of movable subject to deterioration if such was due to fraud or negligence of usufructuary. implements or tools necessary for use of the usufructuary or industry as security and that he and his family be allowed to live in the house included in the usufruct. Take care property with diligence of a good father of a family [589] 5. Net income may be converted into registered certificates or deposited in bank 3. [587] ** Owner may refuse that articles with artistic or sentimental value be sold. 3. usufructuary has a right to proceeds and benefits to the day he is entitled to receive them(588) THOSE DURING THE USUFRUCT 4. [608] OBLIGATIONS OF THE USUFRUCTUARY 1.[587] ** When the Security given. he shall continue in enjoyment of the new one if one be constructed OR receive interest on the insurance indemnity.

Alienate thing 2. Obliged to make ordinary repairs. Right to occupy the land and to make use of materials on Usufruct of a Building which was destroyed and a new building was constructed by owner [607. Taxes and expenses imposed directly on capital 4. Of property owned in common (582) 3.2] 4. Notify owner of any prejudicial act committed by 3rd persons [601] 13. Pay debts when the usufruct is constituted on the whole of a patrimony [598] * Previously contracted debts only unless there is a contrary stipulation * Not liable for debts in excess of the value of the assets received unless contrary is intended 12. Of pension or income (570) 2. Of cattle/livestock (591) . Payment of proper interest on the taxes on capital paid by the owner [597] 17. If expropriated for public use—owner may replace it or pay legal interest to usufructuary of net proceeds of the same. Demand the return of the thing if the abuse should cause considerable injury to him (owner). Expenses after renunciation of usufruct 3. Payment of the legal interest on the amount expended by owner for extraordinary repairs [594] 16. Pay Usufructuary the interest on the value (this actually is the insurance received for the destroyed building) of the land occupied and materials used by naked owner after constructing a replacement building in Usufruct of a Building which was destroyed. Payment of annual charges and taxes affecting fruits [596] 11. Pay court expenses and costs regarding usufruct [602] THOSE AT THE TERMINATION OF THE USUFRUCT 14. [609] 6. Liable for whatever may be lost by the usufructuary in usufruct of mortgaged immovables if these were sold. Pay annual net proceeds less expenses of administration if he demanded return of the thing after it was found out to be in bad use and causes injury to him [610] Special Usufructs (POC-VM-PDC) 1. Indemnify the naked owner for any losses due to his negligence or of his transferees [589-590] RIGHTS OF NAKED OWNER 1. Extraordinary Expenses 2. Return the thing in usufruct to the naked owner unless there is a right of retention pertaining to him (usufructuary) or his heirs for extraordinary expenses or taxes it paid [612] 15. 5.PROPERTY 41 7.2] 7. (*Ordinary Repairs. but shall pay annual net proceeds less expenses of administration [610] OBLIGATIONS OF NAKED OWNER 1. Construct any works and make any improvement or plantings (if rural) provided it does not diminish the value of usufruct or prejudice the right of usufructuary [595] 3. Permit works and improvements by the naked owner not prejudicial to the usufruct [595] 10.required by wear and tear due to natural use of the thing and are indispensable for its preservation) 8. Notify the owner when the need for extraordinary repairs is urgent [593] 9. [607.

8. Involves two neighboring estates. 2. buildings. easement is just one form of servitude. Differences Between Servitude And Easement 1. Characteristics of Easement or Servitude 1. (The other property must be owned by another owner. Expiration of period of usufruct 3. It is a limitation on the servient’s owner’s rights of ownership for the benefit of the dominant owner and therefore it is not presumed. It is inseparable from the estate to which it is attached and therefore cannot be alienated independently of the estate. Merger of usufruct and ownership 4. It is enjoyed over another immovable. . Real right but will affect third persons only when registered. Servitude is broader in scope. It is indivisible [618] 6.) 3.an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. that which is subject thereto. Total loss of thing 6. Over the things which gradually deteriorate (573) 8. 3. Right is limited by the needs of the dominant owner or estate without possession 7. In common law. While in common law easement is always predial or real easement. [617] 5. Express renunciation of usufructuary 5. Prescription 42 *Thing Loss in Part.PROPERTY 4. Of consumable property EXTINGUISHMENT OF USUFRUCTUARY [603] [DEMET-TP] 1. Over the entire patrimony (598) 7. Servitude is the term used in Civil Law Countries like Spain. the servient estate. It is not understood in its legal sense under Article 415 where even birds and fish may be considered immovable properties. On vineyards and woodlands (575-576) 5. Death of Usufructuary—unless contrary intention appears 2. (The immovable is understood in its common meaning such as lands. Servitude in Civil Law refers to both real easement (predial) or to a personal easement. right on the remaining part continues [604] *Usufruct cannot be constituted in favor of town.) 4. The immovable in favor of which the easement is established is called the dominant estate. while easement is used in commonlaw countries like England 2. roads and constructions attached to the soil. It cannot consist in the doing of an act unless the act is accessory in relation to a real easement. Termination of the right of the person constituting the usufruct 7. On mortgaged Property (600) 6. corporation or association for more than 50 years[605] *Usufruct with duration dependent on the age of a person (expires when person attains a certain age) subsists even if such person die before the period expires unless usufruct is expressly granted only in consideration of the existence of such person [606] * Usufruct in favor of several persons not extinguished until death of last survivor [611] EASEMENTS OR SERVITUDES Easement.

According to purpose of easement or the nature of limitation or obligation of servient owner [616] a. If branches of a tree extend over a neighboring estate. Continuous—their use is incessant or may be incessant without the intervention of any act of man. the owner of the tree (servient estate) has the obligation to allow the cutting of the invading roots [680. Easement of light and view b. Non-Apparent—those which do not show signs of their use and enjoyment. Negative—one which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. Discontinuous—used at intervals and depend upon the acts of man. Positive—one which imposes the duty on the owner of the servient estate to do something or to allow something to be done by the owner of the dominant estate. Example: Easement of right of way 2. iii. Easement of right of way if there is no visible pathway or alley. According to Presence of Signs Indicative of their existence [615] a. iv. If the roots of the tree would penetrate into the land of another. [615] a. Its cause must be perpetual (as long as the dominant and/or the servient estate exists unless sooner extinguished by the causes enumerated by law) CLASSIFICATION 1. (Also called SERVITUDES OF ABSTENTION or LIMITATION or RESTRICTION Examples: . Easement of right to support a beam on another’s wall iii. Easement of intermediate distance [679] iii. Example: i. Easement of light and view in a party wall [668. Right of way if there is a permanent path constructed. Example: i.1] iv. Easement of aqueduct ii. Easement of Dam Exception: An easement of aqueduct is always considered apparent for legal purposes [646] b. Examples: i. Easement of right of way b.2] iii. Window in a party wall which is visible to owners of the party wall ii. According to the Manner they are exercised. the owner of the latter estate has the right to demand from the owner of the tree the cutting of the overreaching branches [680]. (SERVITUDES OF SUFFERANCE or INTRUSION) Examples: i. Apparent—those which are made known and continually kept in view by external signs revealing their use and enjoyment by the owner of the dominant estate.PROPERTY 43 9. ii. Easement of not building to more than a certain height 3. Easement of lateral and subjacent support ii.

By Title 1. b.e. [668] ii. According to right given a. Easement of Party Wall d. real (or predial)—for the benefit of another belonging to a different owner. Mixed—created partly by agreement and partly by law c. continuous and apparent **Computation of time of Possession for acquisition through prescription [621] Positive: From the day the dominant estate began to exercise the right (i. Ex. By Final Judgment [623] . Voluntary—constituted by will or agreement of the parties or by a testator. the owner of the servient estate can construct structures on his own tenement that could obstruct the light passing through the said opening. However. Ex. Right of Way b. (Natural Drainage) [637] b. Right to impede or prevent the neighboring estate from performing a specific act of ownership. According to party given the benefit a. III. Easement of intermediate distances as when the servient estate cannot plant trees w/o observing certain distances. 6. According to source or origin a. Were it not for the easement. Ex. By Deed of Recognition [623] IV. the dominant owner can object to the construction of any barring structures only after the lapse of ten years following the receipt by the servient owner of a notarial prohibition restraining him from making such blocking structures. Ex. Right to get specific materials or objects from the servient estate. discontinous and non-apparent II. Easement not to build higher structure which will block the easement 4.PROPERTY 44 i. discontinous and apparent 2. Right to participate in ownership. continuous and non-apparent 3. By Title & Presciption(10 years irrespective of good faith or bad faith) 1. Example: i. Legal—constituted by law for public use or for private interest MODES of ACQUIRING EASEMENTS I. Right to partially use the servient estate. regarding a window in a party wall. personal—for the benefit of one or more persons or community Example: i.[669] The owner of the other tenement cannot construct anything which will obstruct the entry of light. Easement of light created by the making of an opening in one’s own wall below the ceiling joists. Easement of Drawing Water c. from the day the opening or window was built [668] ) Negative: From the time Notarial Prohibition was made on the servient estate. Easement of right of way for passage of livestock [657] 5. Easement of water where lower estates are obliged to allow water naturally descending from upper estates to flow into them.

Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner [627.1] . (Paras. restore conditions to status quo at his expense plus damages. Contribute to the necessary expenses if there are several dominant estates in proportion to the benefits derived from the works [628. Must notify the servient owner c. By Apparent sign established by the owner of two adjoining estates should either of the estates are alienated. Cannot alter the easement or render it more burdensome [627. [629. Retain ownership and possession of the portion of the estate on which the easement is established [630]. Must be at his own expense b.2] 3. Make on the servient estate all works necessary for the use and preservation of the servitude. Cannot impair the use of the easement [629. Must not alter the easement nor render it more burdensome [627. w/o injury to the dominant estate. In case of impairment. as when the servient owner fences the original right of way. Renounce totally the easement if he desires exemption from contribution to expenses [628] 4. which is farther and requires turning at a sharp angle. and offers an inconvenient substitute. Lazo] OBLIGATIONS OF THE DOMINANT ESTATE OWNER [ANCC] 1. Pay for expenses incurred for the change of location or form of the easement [629. Exercise the easement and all necessary rights for its use including accessory easement [625] 2.1] 3. even if indemnity for the right is given (as in the case of easement of right of way) [649]. Change the place or manner of the use of the easement. unless the contrary has been stipulated.2] 4. 2. he may be restrained by injunction—Resolme v.1] 2.PROPERTY 45 V.2] 3. unless at the time the ownership is divided the contrary is provided in the title of conveyance OR sign removed before execution of deed [624] VI. Use the easement unless deprived by stipulation provided that the exercise of the easement is not adversely affected [630] and provided further that he contributes to the expenses in proportion to benefits receives. By Exproriation *Absence of a document or proof showing origin of an easement w/c cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate OR by a final judgment RIGHTS OF THE DOMINANT ESTATE OWNER (EMRA) 1. Lazo) 3. Notify the servient owner of works necessary for the use and preservation of the servitude [627. BUT a. Select convenient time and manner d. provided that an equally convenient substitute is made.2] OBLIGATIONS OF THE SERVIENT ESTATE OWNER (PRIC) 1.1] RIGHTS OF THE SERVIENT ESTATE OWNER [RUC] 1. Ask for mandatory injunction to prevent impairment of his use of the easement [Resolme v. citing Sanchez Roman) (In case of obstruction. unless there’s an agreement to the contrary [628.2] 2.

MERGER in the same person of the ownership of the dominant and servient estates. Easement of a dam [639. salvage and towpath [638] 4.2] MODES OF EXTINGUISHMENT OF EASEMENTS [631] (MN BERR) 1. but he may construct works preventing erosion [Law on Waters]. Easement Against Nuisance 8. (But shall revive if the subsequent condition again permit its use unless prescription takes place. KINDS: (WRPL DIAL) 1. if easement is temporary or conditional. Easement of Light and View 5. Easement on riparian banks for navigation. Discontinuous: from the day on which they ceased to be used 2. 647] 5. EXPIRATION of the term of the fulfilment of the condition. Easement for drawing water or for watering animals [640-641] 6. Lateral and Subjacent Support EASEMENTS RELATING TO WATERS [DD R DD AC] 1. 5. *Merger must be absolute. NON-USER for 10 Years. Easement Relating to Waters 2. Natural Drainage of Lands [637] 2. REDEMPTION agreed upon between the owners of the dominant and servient estates. . BAD CONDITION of either or both of the tenement. complete. unless there is a contrary stipulation. by the Civil Code. Drainage of Building 6. floatage.PROPERTY 46 4. Easement for the construction of a stop lock or sluice gate [647] Natural Drainage of Lands *Servient Estate owner cannot construct works that would divert the flow of water or burden another tenement. 2. [628. Intermediate Distances and Works for Certain Constructions and Plantings 7. LEGAL EASEMENTS. Contribute to the expenses in case he uses the easement. Easement of Right of Way 3. Easement of aqueduct [643-646] 7. fishing. nor enclosed his land by ditches or fences which would impede the flow *Dominant Estate owner cannot collect water. nor increase the velocity of the descent by maing the ground more impervious or less absorbent. Easement of Party Wall 4. 4. [633] 3. Natural Drainage of Buildings [674] 3. not temporary. They shall be governed by the special laws and regulations relating thereto. How computed? 1.are those imposed by law having their object either public use or the interest of private persons. Continuous: from the day on which an act contrary to the same took place *Use by at least one co-owner of the dominant estate of the easement prevents prescription as to the others inasmuch as an easement is indivisible. and in the absence thereof. RENUNCIATION of the owner of the dominant estate 6. in such a case that it cannot be used.

(Law on Waters) Drainage of Buildings *Owner of Building must construct its roof in such manner that the rain water falls on his own land or on a street or public place.PROPERTY 47 *If the descending waters are the result of artificial development or proceed from industrial establishments recently set up or are the overflow from irrigation dams. Those in the lower areas may be receiving in their roofs rain water coming or falling from neighboring roofs.. This is applicable in places where buildings are constructed in mountainous or elevated areas and roofings are of different heights. animal or a team of human pullers to tow a boat. Conditions: (a) No adequate outlet for rain water (b) Outlet must be at the point of easiest egress (c) least possible damage (d) payment of proper indemnity [676] Easements along Riparian Banks *This whether the bank be private or public and whether the river be navigable or not. [674] *If Tenement or Land is subject to easement of receiving water falling from roofs—owner of such tenement may build in such manner as to receive the water upon his own roof or give it another outlet [675]. canal or other inland waterway. [638] *Entire Length and Width of Zone Burdened of 3 meters along the river margins Easements of TOW PATH *Towpath: road or track that runs alongside the banks of a river. the purpose of which is to allow a land vehicle. *Person who is to construct and not the owner of the supporting lands or banks must pay indemnity. [640] . [638] *Width Zone: (a) 2 meters—animals (b) 1 meter—pedestrians Easement of a Dam *Purpose: To divert or take water from a river or brook or for the use of any other continuous or discontinous stream. *Banks must be navigable or floatable rivers. [639] Construction of stop lock or sluice gate [647] *Requisites: (a) Purpose must be for irrigation or improvement (b) Construction must be on the estate of another (c) Damages must be paid (d) Third persons should not be prejudiced Easement for drawing water or for watering animals *Only for reasons of public use in favor of a town or village after indemnity. *Owner is obliged to collect the water without causing damage to the adjacent land or tenement. the owner of the lower estate shall be entitled to compensation for his loss or damage. Servient owner should provide an outet for the passage of falling water to public street. often a barge. *Outlet of Rain Water through surrounding houses—like compulsory easement of right of way.

{The new access must be adequate and convenient} . However. *Basis of Indemnity: [649] a. the direction of the path may be changed. Easement of Aqueduct * Requisites: Dominant estate owner must [643] {PSI} 1. Claimant must be owner of enclosed immovable or one with real right. The isolation must not be due to the claimant’s own act. Indemnify the owner of the servient estate * Cannot be imposed on buildings. 3.. Necessary Passage (i. which cannot be altered by owners of the servient estates. 5. Permanent Passage: Value of Land occupied + Amount of Damage to Servient Estate b.e..PROPERTY 48 *Servient estates owners has obligation to allow passage to persons and animals to place where easements are to be used. He shall pay a proportionate share of taxes to servient estate (According to Paras “Proportionate” means the WHOLE tax for the whole estate) [654] * EXTINGUISHMENT OF EASEMENT OF RIGHT OF WAY(Legal/Compulsory Right of Way) [655] –Not automatic as the law says servient owner “may demand” 1. The easement must be established at the point least prejudicial to the servient estate. The donor however is not required to pay indemnity. provided use of easement is not prejudiced.e. Prove that he can dispose of the water and that it is sufficient for the use for which it is intended.(for private interests) [644] * Possible Ways: (a) Construction of an open or covered canal (b) construction of tubes or pipes * Servient owner may still enclose or fence the servient estate or even build over the aqueduct so long as no damage is caused or repairs and cleanings become impossible. also with indemnity [641] Right of way have a maximum width of 10 meters. 4. usually through one particular path or line. [645] EASEMENT OF RIGHT OF WAY -easement or privilege by which one person or a particular class of persons is allowed to pass over another’s land. exchanger) is surrounded by his (grantor’s) other estates he shall be obliged to grant right of way w/o indemnity to him.. cultivation of estate): Amount of Damage * Width is dependent on the sufficient needs of the dominant estate [651] * If the land conveyed by the grantor (i. Show that the proposed right of way is the most convenient and the least onerous to 3rd persons 3. co-owner. In case of simple donation. Opening of a new road 2. Joining the dominant estate to another(that is the latter becomes also the property of the dominant owner) which abuts and therefore has access to the public highway. There must be payment of proper indemnity. [653] * If right of way is permanent—necessary repairs are made by the dominant estate owner. The right of way must be absolutely necessary. courtyards. Requisites: [650] (OANILI) 1. 6. donor is indemnified if a right of way is established [652] * If it is the land of the grantor that was isolated he may demand a right of way after paying indemnity. 2. 2. annexes or outhouses or orchards or gardens already existing. vendor. There must be no adequate outlet to a public highway.

alteration or beautification of a building to carry materials to estate of another.PROPERTY 49 *Temporary Easement of Right of Way: As when it is indispensable for the construction. Animal Trail—37. EXTERIOR SIGNS NEGATIVING EXISTENCE OF PARTY WALL [660] (WOBB CSI) (1) Whenever in the dividing wall of buildings there is a window or opening . a co-owner cannot pinpoint to any definite portion of the property as belonging to him None of the co-owners may use the community property for his exclusive benefit Partial renunciation is allowed PRESUMPTION THAT A WALL IS A PARTY WALL [659] 1.5 meters c. Animal Path—75 meters b. Dividing walls of adjoining buildings up to the point of common elevation 2. repair. Title to the contrary b. improvement. towns or in rural communities 3. CO-OWNERSHIP PARTY WALL Shares of parties cannot be physically segregated but they can be physically identified No limitation as to use of the party wall for exclusive benefit of a party Owner may free himself from contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto CO-OWNERSHIP Shares of the co-owners can be divided and separated physically but before such division. walls and live hedges dividing rural lands How Presumption rebutted? a. PARTY WALL—a common wall which separates two estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts. Proof to the contrary *Title prevails over a mere exterior sign. It is a forced coownership. PARTY WALL vs. Dividing walls of gardens or yards situated in cities. Fences. enclosures or hedges by the owners of adjacent buildings and estates separated by such objects. [656] *Easement of Right of Way for the Passage of Livestock: [657] Width (Maximum): a. Exterior signs to the contrary c. fence. Passageway for animals under 640/641 for watering—10 meters EASEMENT OF PARTY WALL -refers to all those mass of rights and obligations emanating from the existence and common enjoyment of wall.

but not those of the others. But there is a rebuttable presumption: if a deposit of dirt is on one side alone.right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. (3) Whenever the entire wall is built within the boundaries of one of the estates. Easement of View-right to make openings or windows to enjoy the view through the estate of another and the power to prevent all constructions or works which would obstruct such view or make the same difficult. has stepping stones. the latter is exempt [662] * When owner of the building supported by a party wall desires to demolish the building he may also renounce his part-ownership of the wall. gardens. Must pay the necessary damages caused even if damage is temporary 3. (4) Whenever the dividing wall bears the burden of the binding beams. (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. unless there is total renunciation of the share of one owner. but not on the other. (5) Whenever the dividing wall between courtyards. [666] EASEMENT OF LIGHT AND VIEW * Consent of part-owners of a party wall necessary in opening a window [667] Easement of Light. He however bears the cost of repairs necessary to prevent damage which the demolition may cause. which at certain intervals project from the surface on one side only. straight and plumb on all its facement. but the lower part slants or projects outward. and on the other. Must do so at his own expense 2. [665] * Use by the co-owners of the wall is in proportion to their right in the co-ownership. on one side. Must give the necessary additional space of his land if wall is to be thickened *One desiring the increase height or depth shall be the exclusive owner of the additions. and tenements is constructed in such a way that the coping sheds the water upon only one of the estates. Must bear the costs of maintenance of the portion added 4. [663] * Requisites for Increasing the Height of the Party Wall [664] [DP BP RG] 1.PROPERTY 50 (2) Whenever the dividing wall is. it has similar conditions on the upper part. *Coping: highest or covering course of a wall often of tile and usually with a sloping top to carry off water and commonly cut with a drip (6) Whenever the dividing wall. owner of that side is considered owner of the ditch. unless the other owners(who have not contributed in increasing height or depth) pay proportionally the value of the work at the time of the acquisition by other persons outside the original part-ownership and of the land used for its thickness. Must reconstruct if original wall cannot bear the increased height 6. [661] * Proportionate contribution to repairs and construction similar to co-ownership. * Presumption of party wall applies to ditches and drains opened between two estates. Must pay for the increased cost of preservation 5. *Period of Prescription how counted? [668] . being built of masonry. floors and roof frame of one of the buildings.

Maximum size—30cm. square ii. --This is measured from the outer line of the wall when the openings do not project OR from the outer line of the openings when they project [671] Side/Oblique View: At least 60 centimeters between the boundary line and nearest edge of the window (Santos v. the owner of the servient estate cannot build thereon at less than a distance of 3 meters. Direct View—gaining of direct sigt from an opening in a wall parallel to the boundary line w/o having to extend out or turn one’s head to see the adjoining tenement. Any stipulation permitting distances less than the prescribed under Art. No waiver or alteration by stipulation is allowed for reasons of public safety. Wells. [672] * When a right has been acquired to have direct views. From the time of the formal prohibition upon the proprietor of the adjoining land or tenement. 670 applicable to buildings separated by a public way or a public alley which is not less than 3 meters wide. stable. *Construction of Aqueduct.PROPERTY 51 a. Side/oblique view—gaining of sight of the other tenement from an opening made at an angle with the boundary line. 670 is void. forge. * Distances in Art. There must be an iron grating imbedded in the wall iii. [678] * Planting of trees subject to distances provided by ordinances or customs if there be none. machinery or factory w/c are dangerous or noxious not should observe the distances prescribed regulations and customs of the place. * When distances under Art. sewers. 670 not observed. such that to be able to see the adjoining tenement there is a necessity for putting out or turning one’s head either to the left or to the right. if the window is through a wall on the dominant estate. owner of a wall w/c is not a party wall adjoining a tenement or a piece of land belonging to another may make in it openings to admit LIGHT: [669] i. From the time the opening of the window if it is through a party wall b. depository of corrosive substances. Rufino) --This is measured from the dividing line between the two properties. [673] INTERMEDIATE PLANTINGS DISTANCES AND WORKS FOR CERTAIN CONSTRUCTIONS AND *No constructions and plantings near fortified places or fortresses [677] --Fortified Places/fortresses—military structure for the defense of the State against foreign aggression. chimney. There must be a wire screen --This is referred to as RESTRICTED WINDOWS *Rules for REGULAR WINDOWS (670) Direct View: At least 2 meters distance between the wall having the windows and the boundary line. If both not present: [679] . furnace.

dust 7. Small trees or shrubs—50 cm. Tall trees—2 meters(minimum) from boundary line to center of the tree b.PROPERTY a. heat 6. offensive odor 4. jarring 3. water 8. noise 2. glare 52 .(minimum) from boundary line to center of tree or shrub --This is applicable even if trees have grown spontaneously. smoke 5. * Fruits naturally falling upon adjacent land belong to the owner of said land [681] EASEMENT AGAINST NUISANCE --Forms of Nuisance [682][N-JOSH-DWG] 1.

[686] VOLUNTARY EASEMENTS * Consent of the usufructuary is not necessary if the Naked Owner imposes any servitude on the land or tenement as long as it does not injure the usufructuary. If created by title. [691] * Governing Rules for Voluntary Easements: [692] a. Illegal construction on another’s land) Negligence vs. . Obstructs or interferes with the free passage of any public highway or street or any body of water (Ex. too much blowing of horns) 3. If created by prescription. Civil code is suppletory. Injures or endangers the health or safety of others (Ex. * When servient estate owner bound himself to pay the cost of maintenance work. But once a co-owner gave his consent he cannot revoke it. omission. House of prostitution) 4. Market Stalls constructed on streets) 5. Factory causing pollution or house in danger of falling) 2. Consent need not be given simultaneously. establishment. which if diminished through diggings or excavations may cause crumbling or sliding of the neighboring land. * Any stipulaton or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void [685] * Applicability is not only for standing buildings but also for future ones to be erected.Any act. or disregards decency or morality (Ex. defies. Nuisance Basis Condition of the act Negligence Nuisance Liability is based on lack of Liability attached regardless of proper care or diligence the degree of care or skill exercised to avoid injury Act complained of is already There is continuing harm done which caused injury to being suffered by the the plaintiff aggrieved party by the maintenance of the act or thing which constitutes the nuisance Abatement is not available as Abatement w/o judicial a remedy. this is not necessarily so in nuisance. Subjacent Support—support when the supported land is above and the supporting land is beneath it. Hinders or impairs the use of property (Ex. he may free himself if he renounces his property to the dominant estate owner [693] NUISANCE [694] -. which if diminished through diggings or excavations may cause sinking of the neighboring land. Annoys or offends the senses (Ex. title governs and Civil code is suppletory b. condition of property or anything else which [IASOH] 1. Trespass --In trespass there is entry into another’s property. Shocks. in nuisance it is only consequential. The action is for proceedings is allowed to damages. [689] * Both the naked and beneficial owner’s consent is necessary if a perpetual voluntary easement is to be established [690] * Consent of all co-owners necessary in order to impose an easement over the undivided tenement or land. --In trespass the injury is direct and immediate. form and manner in which it had been acquired governs.PROPERTY 53 LATERAL AND SUBJACENT SUPPORT Lateral Support--support when the supported and supporting lands are divided by a vertical plane. business. suppress the nuisance Abatement Nuisance vs. Garbage cans.

is so enticing or alluring to children of tender years as to induce them to approach. nuisance per accidens—a nuisance only because of the location or other circumstances. Demand to owner or possessor of property 2. those abatable extra-judicially C. DOCTRINE OF ATTRACTIVE NUISANCE “One who maintains on his estate or premises an attractive nuisance (which is a dangerous instrumentality or appliance which is likely to attract children). A noisy factory in a residential district) 2.000 . PUBLIC—affets a community or neighborhood or any considerable number of persons although the extent of annoyance. (Ex. even if the child is technically a trespasser in the premises. those abatable judicially iv. According to manner of relief i. Old Classification a. ex. nuisance per se—always a nuisance (Ex.” --The principal reason for the doctrine is that the condition or appliance in question although its danger is apparent to those of age. Civil Action 3.PROPERTY 54 CLASSIFICATION OF NUISANCE 1. As when it affects the community but there is a special injury to a private person. get on or use it. Abatement w/o judicial proceedings *All remedies may be simultaneously pursued * Civil action is commenced by the Mayor [701] * District health officer determines w/n extra-judicial abatement is the best remedy [702] * A private person may file an action against a public nuisance if it is specially injurious to him [703] Conditions for extra-judicial abatement of a public nuisance by a private person 1. those abatable only by civil actions iii. Criminal Prosecution 2. Abatement is approved by district health officer and executed w/ local police assistance 4. without exercising due care to prevent children from playing therewith or resorting thereto is liable to a child of tender years who is injured thereby. non-actionable B. PRIVATE—that which is not public or only affects certain individuals or affects private rights [695] *There may be a MIXED NUISANCE or which affects both public and private. Demand was rejected 3. According to the Civil Code i. New Classification A. Non-user for ten years of an easement. danger or damage be unequal. and this attractiveness is an implied invitation to such children. According to relief (whether given or not) i. artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location. those abatable by criminal and civil actions ii. Value of destruction does not exceed P3. Thus a swimming pool or reservoir of water is considered an attractive nuisance. --Generally not applicable to bodies of water. * Successor of a property constitution nuisance is liable if he did not remove it—[696] * Abatement for nuisance does not preclude recovery of damages for its past existence—[697] * Lapse of time cannot legalize any nuisance except. Example: A house abutting on a street railway track is a private nuisance to the railway company and a public nuisance because it obstructs the street. [695] ii. actionable ii. House of prostitution) b. An easement of a dam which was considered a nuisance was not used for 10 years [698] Remedies against Public Nuisance 1.

registration under wrong system. *Registration cannot bind property where it is legally ineffective i.PROPERTY 55 Remedies against a private nuisance 1. *Registration does not vest title.e. 4. [706] * A private person extra-judicially abating a nuisance is liable for damages if: a. the book of registry iii. marginal notes. Registration under the Spanish Mortgage Law 3. effects and cancellation of registration. and the manner of keeping the books and the value of the entries contained in said books [711] MODES OF ACQUIRING OWNERSHIP [712] (OLDTIPS) 1. Procedure for extra-judicial abatement of a public nuisance by a private person is indispensable. Civil Action 2. he causes unnecessary injury b. To give true notice of the real status of real property and real rights thereto 2. an alleged nuisance is later declared by courts not a real nuisance [707] REGISTRY OF PROPERTY --has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. i. as wel as the form. Tradition 4. Intellectual Creation 6. Law 3. annotation. Prescription . Donation 4. it is not a mode of acquiring ownership *The books in the Registry of Property shall be public for those who have known interest in ascertaining the status of the immovable or real rights annotated or inscribed therein [710] *Reference to special laws must be made to determine what titles are subject to registration. Abatement w/o judicial proceedings * A private person injured by a private nuisance may abate it by removing/destroying w/o committing breach of peace. the official concerned Three systems of registration in the Philippines 1. as amended by Act 3344 Purposes of Registration 1. [708] Registration—any entry made in a book or public registry of deeds. thus insuring the effectivity of real rights over real property. 194 of the Revised Administrative Code. “Register” This may refer to: i. Registration under Sec. Registration under the Land Registration Act (Torrens System) 2. the office concerned iv. To record acts or contracts (transmissions and modifications of ownership and other eal rights over real properties) Note: Registration does not validate or cure a defective instrument like a forged deed. the act of recording or annotating ii. To prevent the commission of frauds. Occupation 2. cancellation.e. To prejudice third persons (unless they have actual knowledge of the transaction concerned) [709] 3.

Law (Alluvium. assignment. Things w/o owner 2. Derivative Modes—somebody else was the owner before 1. Hunting Law. shall pertain to one who caught them if no redemption made w/in the period 3. The property seized must be susceptible of appropriation (either abandoned property or unowned property) 4. Tradition. The requisites or conditions of the law complied with Things susceptible to Occupation [713] 1. Prescription 4. adjunction. Hidden Treasure found on another’s property. There must be intent to appropriate 5. and accomplished according to legal rules. Act 1499 prohibition on use of explosives and poisons for fishing. simple loan or mutuum) MODE vs. The property seized must be corporeal personal property 3. Hidden treasure * Ownership of a piece of land cannot be acquired by occupation [714] *Right to hunt and fish regulated by special laws [715] (such as Fisheries Act. Pigeons and fish -when they go to another breeding place. owner did not pursue the bees 2. made with the intention of acquiring them. Abandoned movables 4. Succession 2. accession. fruits falling on another’s land 5. TITLE Mode Directly produces real right Proximate cause The true cause (or process) Essence of right w/c is to be created or transmitted Creates a real right Title Serves merely to give occasion for its acquisition or existence Remote cause The justification for the process Means whereby essence is transmitted Creates a personal right OCCUPATION --The acquisition of ownership by seizing corporeal things that have no owner. MOVABLES 1. paying damages to the owner of the latter’s land. There must be seizure or apprehension (the material holding is not required as long as there is right of disposition) 2. barter. animals that are object of hunting and fishing 3. Swarm of bees -owner shall have a right to pursue them to another’s land. Donation 3. Requisites: (SCA-IC) 1. Succession A. Original Modes—independent of any pre-existing or preceding title or right of another 1. Domesticated Animals -may be redeemed w/in 20 days from occupation of another person. -land owner shall occupy/retain bees if after 2 days. as a consequence of certain contracts (like sale. they shall be owned by the owner thereof provided they are not enticed. declaring close and open season) ANIMALS [716/717] 1. rights under 438 acquired [718] . Intellectual Creation or work B.PROPERTY 56 7. Occupation 2. abandonment of river beds.

with respect to the product of his art. with the sole & exclusive privilege of multiplying copies of the same & publishing and selling them. if owner is unknown. scientific or other work. if finder retains. thing is awarded to finder e. The painter. Patent—an exclusive right to an invention granted to the patentee. he may be charged with theft c. *Works of Government are exempted from copyrights. if owner appears. 3. must be returned to owner b. [723] (Letter here means paper with words. Movable found w/c is not treasure [719/720] a. his heirs or assigns for the term thereof (20 years under Intellectual Property Code) . POSSESSION Occupation Mode of acquiring ownership Applies only corporeal personal property The thing is w/o owner There is intent to acquire ownership Takes place w/ some form of possession Generally with short duration Cannot lead to another mode of acquisition OCCUPATION vs. PRESCRIPTION OCCUPATION Original Mode Shorter period of possession Possession Raises presumption of ownership (concept of an owner) Applies to both corporeal and incorporeal Thing is w/ owner Possession may be had in the concept of mere holder Takes place w/o occupation Usually takes place with longer duration Can lead to acquisition through prescription PRESCRIPTION Derivative Mode Generally longer period of possession INTELLECTUAL CREATION Persons who may acquire ownership through intellectual creation [721] 1. or other artist. The scientist or technologist or any other person with regard to his discovery or invention. he is obliged to pay 1/10 of value of property to finder as reward [720] f. for a specified period. 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 publication OCCUPATION vs. Publication of such requires consent of writer or heirs except for reasons of public good of interest of justice. 4.PROPERTY 57 2. if owner does not appear 6 months after publication. legal. The author with regard to his literary. The composer as to his musical composition. sculptor. incorporeal right granted by statute to the author or originator of certain (literary or artistic productions whereby he is invested. historical. philosophical. When ownership takes place? [722]  Author & Composer—Before publication (Copyright Laws govern after publication)  Painter/Sculptor—before copyrighted  Scientist/technologist—before patented *Ownership of letters and private communications belong to the person to whom they are addressed and delivered. mayor shall announce the finding of the movable for two consecutive weeks d. 2. dramatic. give to mayor. because the ideas or thoughts really belongs to the sender) Some Terms: Copyright—an intangible.

(Case law provides that this is not really a donation) B. debt 3. a device. which is accepted b. charges or future service equal in value to that of the thing donated. Simple—the cause is pure liberality (no strings attached) 2. Delivery. He must have the donative intent (animus donandi) or intent to make the donation out of liberality to benefit the donee. Contrary to public order or morality DONATION --An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it. 3. Capacity to donate and dispose and accept donation 4. Onerous—here there are burdens. Patentable—refers to something suitable to be patented. A donates to B a parcel of land worth P700K but B should give A a ring worth P150K or teach him certain things. Subject Matter—anything of value. Computer Programs c. (The services here do not constitute recoverable debts. Donee must accept or consent to donation Requirements of a Donation 1. goodwill. To be patentable. the value of instruction being P90K 4. A donates a parcel of land to B who had previously helped him review the bar exams. present property & not future. Remuneratory—purpose: to reward past services. past service. Aesthetic creations f. mathematical methods b. inter vivos—takes effect during the lifetime of the donor 2. Irrevocability by the donor c. [725] Characteristics: a. MODAL—purpose: to reward future services or because of certain future changes or burdens or charges is less than the value of donation. Consequent impoverishment of the donor (diminution of his assets) Kinds of Donation A. Methods for treatment of human or animal body d. Animus Donandi d. with no strings attached.) Ex. Discoveries. Unilateral—obligation imposed on the donor b. process or improvement must embody a new idea or principle not before known and it must be a discovery as distinguished from mere mechanical skill or knowledge. 3. Alienation of property by the donor during his lifetime. As to effectivity 1. generosity. The donor must have capacity to make the donation of a thing or right 2. Form—depends on value of donation Essential Elements/features of a true donation a. scientific theories. Ex. Ex. in praesenti—to be delivered in future (also considered inter vivos) . mortis causa—takes effect upon the death of the donor 3. As to consideration 1.PROPERTY 58 Patent Infringement—act of using or selling any patented invention w/o authority during the term of the patent and this includes one who induces the infringement. Plant varieties or animal breeds e. must not impair legitime 2. Causa—anything to support a consideration. Consensual—perfected at the time donor knows of the acceptance [734] Requisites: (CIDA) 1. A donated land worth P2M to B but B has to give A a Ford Expedition worth also P2M. whether actual or constructive of the thing or right donated 4. Not Patentable: a. charity.

1378 applies. Donation was accepted by donees who were given limited right of disposition. Donor warrants title to property over which she reserved life time usufruct 2. in case of remuneratory donations where the portion exceeds the value of burden. Registration of deed of donation prohibited 2. with donor reserving beneficial ownership 3. Causes of revocation specified 6. From the viewpoint of object donated 1.PROPERTY 59 4. Donations of personal property 2. The legal principle enunciated in Art. Donations of real property b. Right to dispose and enjoy reserved by donor * In case of doubt the conveyance should be deemed Mortis Causa in order to avoid uncertainty as to the ownership of the property. propter nuptias—on the occasion of marriage C. Corporeal a. Donation to take effect and pass title only by and because of death 3. Donor states that he makes a perfect. Donor and donee prohibited from alienating and encumbering the property 8. where in case of gratuitous contracts the least transmission of rights and interests must prevail. excess is governed by contracts and the remaining. Donation was executed out of love and affection as well as a recognition of the personal services tendered by the donee 4. Incorporeal—donations of alienable rights INTER VIVOS Takes effect independently of the donor’s death Made out of donor’s pure generosity MORTIS CAUSA Takes effect upon the death of the donor Made in contemplation of his death without the intention to lose the thing or its free disposal in case of survival Title conveyed to the donee before the donor’s Title conveyed upon donor’s death death Valid if donor survives donee Void if donor survives donee Generally irrevocable during donor’s lifetime Always revocable at anytime and for any except for grounds provided by law reason before the donor’s death Must comply with the formalities required by Must comply with formalities required by Law Law on donations on Succession Must be accepted by the donee during his Can only be accepted after the donor’s death lifetime Subject to donor’s tax Subject to estate tax Instances of Donation Inter Vivos 1. Usufruct reserved by the donor Instances of Donation Mortis Causa 1. w/c may take place beyond the natural expectation of life of the donor does not affect the nature of a donation inter vivos unless a contrary intention appears [730] * Donation subject to the resolutory condition of the donor’s survival is a donation inter vivos [731] *Donations w/ an onerous cause governed by rules on contracts. Ownership and possession of property immediately transferred to donee but his right to fruits begin only after donor’s death 5. rules on donations [733] . * Fixing of an event or imposition of a suspensive condition. irrevocable and consummated donation 7.

Donation of Immovables [749] Must be in a public document. Made to a Physician. Minors & other incapacitated a. Made between persons who are guilty of adultery and concubinage at the time of donation 2. if there is any. church. Made to public officers or his/her spouse. or to the spouse. Made by a ward to the guardian before the approval of accounts 8. associations or corporations not permitted by law to make donations 10. or children or anyone claiming under them 9. Conceived and unborn child represented by person who would have been guardian if already born. but must be made during the lifetime of donor Acceptance in a separate document requires notification to donor in an authentic form What may be given? LIMITATIONS ON DONATION OF PROPERTY [750] • All or part donor’s present property provided he reserves sufficient means for the support of the following: a. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir. Made to Relatives of priest w/in the 4th civil degree. Natural and juridical persons w/c are not specially disqualified by law. Made to the Priest who heard confession of donor during his last illness or the minister of the gospel who extended spiritual aid to him during the same period 5. Made to an attesting witness to the execution of donation. Made b/w persons found guilty of the same criminal offense in consideration thereof 3. by guardian. legal representatives if needs written acceptance i. if pure and simple donation ii. if it does not require written acceptance b. who took care of the donor during his last illness 7. court appointed—more than 50K 3. Made by individuals. specifying the property donated and the value of charges the donee should satisfy Acceptance may be made in the same deed or separately. by themselves i. parents.000 donation and acceptance must be in writing Non-compliance w/ foregoing renders donation void. descendants and ascendants by reason of his office 4. [738] 2.PROPERTY 60 Who May Give Donations? All persons who may contract and dispose of their property [735] Therefore: Guardians and trustees cannot donate property entrusted to them [736] * Donor’s capacity determined as of the time of making the donation [737] Who may accept donations? 1. nurse etc. relatives who by law are entitled to his support . order of community where the priest belongs 6. natural guardian—not more than 50K ii. [742] PROHIBITED DONATIONS 1. * Donations of the same thing to two or more different donees governed by the provisions on Double Sale [744] * Donee must accept donation personally or through an authorized person with special power of attorney or one with a general and sufficient power [745] * Acceptance s/d be made during lifetime of both donee and donor [746] Donation of Movables [748] Orally or in writing If oral—simultaneous delivery of thing or document representing right required If value of personal property exceeds P5. himself b.

the donor must release the property from encumbrances. Return the property. but if he dies it pertains to the donee. In donations propter nuptias. Donor’s warranty exists if: (a) expressed (b) donation is propter nuptias (c) donation is onerous (d) donor is in bad faith 5. When the donation is made to several donees jointly they are entitled to equal portions. Donor however is not obliged to warrant the thing donated except when donation is onerous. [755] *The donation of naked ownership and usufruct may be made to different persons provided all the donees are living the time of donation [756] * Reversion may be established in favor of the donor and to other persons(who are living at the time of donation).PROPERTY 61 c. it is understood to be in equal shares and there is no right of accretion among them unless the donor otherwise provides. It is considered in fraud of creditors when the donor did not reserve sufficient property to pay debts prior to donation [759] EFFECTS OF DONATION 1. legitimes shall not be impaired if he has forced heirs • When there is no reservation of the abovementioned or if donation is inofficious. unless there is an agreement to the contrary. even though they be dead b. [753] *Donee is subrogated to all rights of donor in case of eviction. whom he believed to be dead should turn out to be alive c. [758] * Donee is responsible to pay debts even if there is no stipulation if the donation was made in fraud of creditors. mortis causa and propter nuptias(which cannot be reduced. except servitudes 4. [761] What the donee must do after reduction or revocation? [762] 1. as they are only revocable on grounds expressly provided by law) *When donation is made to several persons jointly. Donor is liable for hidden defects in case there is bad faith. unless a contrary intention appears. w/o accretion. CONDITIONS TO TAKE EFFECT [760] a. unless the contrary is stipulated REVOCATION OR REDUCTION OF DONATIONS REVOCATION WHEN DONOR DOES NOT HAVE CHILDREN DURING DONATION. if the donor after the donation should have legitimate or legitimated or illegitimate children. The donee shall not be responsible to debts exceeding the value of property donated. Stipulations by the donor in favor of 3rd persons who are not living at the time of donation is void but shall not nullify the donation [757] * Stipulation that donee should pay debts of the donor applicable only to debts contracted previous to the donation. may be reduced on petition of persons affected. [754] *Donor may make reservations to dispose part of the object donated. Donee may demand the delivery of the thing donated 2. if the donor should adopt a minor. Donee is subrogated to the rights of the donor in the property 3. 750 does not apply to onerous donation. if the child of the donor. This rule is not applicable to donations made to husband and wife jointly. • Donations should not prejudice 3rd persons • Future property cannot be donated [751] Note: Art. --The reduction or revocation is only insofar as it exceeds the portion that may be freely disposed of by will after taking account the whole estate of the donor at the time of existence of the abovementioned events. .

(Even if donor died before the 1 year expiration period). Fruits accruing from the time action is filed must be returned if the ground is 1. If it was mortgaged donor may pay the debt subject to reimbursement from the donee. therefore the subsequent donations must first be reduced [773] Revocation vs. devisees (recipients of gifts of real property in a will) 3.PROPERTY 62 2.Alienations and mortgages effected before the notation of the complaint for revocation in the Registry of Property shall subsist. Reduction Revocation Reduction . [763] *Donation is revoked upon failure of the donee to comply with conditions. Return the value at the time of perfection of donation if property lost or totally destroyed. voluntary heirs of the donor (friends. And also actions cannot be brought against the donee’s heirs unless the complaint was filed upon his(donee’s) death. Ingratitude [765] b. his wife or children under his authority (3) If he unduly refuses support to donor when the donee is legally or morally bound to give support to the donor. other descendants. [770] --Exceptions: 1. Action for revocation prescribes in four years and also transmissible to heirs and may be exercised against donee’s heirs. recognition or adoption or from judicial declaration of filiation or from the time information was received of child’s existence. Article 760 (revocation by donor having no children) 2. [764] REVOCATION BY REASON OF INGRATITUDE [765] [CIR] (1) If the donee should commit some offense against the person. [766] -. Action is not renounces and transmitted upon donor’s death to legitimate and illegitimate children and descendants.) 2. or any act involving moral turpitude. or of his wife or children under his parental authority (2) If the donee imputes to the donor any criminal offense. he may recover the value of property(at the time of donation) to the donee [767] -. 3.If donor cannot recover property to 3rd persons. legatees (recipients of gifts of personal property in a will) 4. Give the value (usually price of the sale) if it was sold. Prescription of action for revocation or reduction: after 4 years from the birth of the first child or from his legitimation. ascendants or surviving spouse) 2. [764] *Actions are not transmissible to the heirs if the donor did not institute the same. The compulsory heirs of the donor (whether children. The heirs and successors-in-interest of the compulsory heirs PERSONS WHO CANNOT ASK FOR REDUCTION OF INOFFICOUS DONATION upon donor’s death [772] [VDLC] 1. Inofficiousness of the donation because the legitime is impaired [771] 3. When donor died w/o knowing act of ingratitude PERSONS WHO CAN ASK FOR THE REDUCTION OF INOFFICIOUS DONATION upon donor’s death [772] 1. Donee killed the donor (donor never had the chance to revoke) 2. even though he should prove it. the honor or the property of the donor. -. unless the crime or the act has been committed against the donee himself. Alienations or mortgages made by donee void. brothers etc. Fruits received after failure to fulfill the condition/s must be returned if the ground is NonCompliance with any of the conditions imposed. Action prescribes w/in 1 year from the time donor had knowledge of the fact that it was possible for him to bring the action[769] *What fruits must be returned when donation is revoked [768] a. creditors of the deceased Prescriptive Period to reduce or revoke: 5 Years from the time of donor’s death * Preference on reduction is given to earlier donations..Action cannot be renounced in advance.

. Within the time fixed by law a. Requisites: (CTPL) a. peaceful and uninterrupted possession (Must be known to the owner of the thing. rights and actions. The old possession is not revived if a new possession should be exercised by the same adverse claimant. Extra-ordinary—acquisition of ownership and other real rights without need of title or of good faith or any other condition Requisites: 1. non Applicable to cases of supervening birth and fulfilment of conditions/charges. in concept of an owner 4.PROPERTY 63 Affects the whole property regardless of As a rule only part of the property is affected. Acquisitive Prescription—one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. for the benefit of the donor As a rule for the benefit of the heirs of the donors (because of their legitimes) Applicable to cases of supervening birth. no act of deprivation by others)  Possession is naturally interrupted when through any cause it should cease for more than one year. acquired and maintained w/o violence. Extinctive Prescription—rights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. If the possessor should be absolved from the complaint  Any express or tacit recognition by the possessor of the owner’s right also interrupts possession. b) w/o conditions-8 years IMMOVABLES: a) 10 years  In concept of an owner  Public. acts of inofficious donations and when legitimes are ingratitude and inofficious donations impaired or donor did not reserved for support of himself and relatives PRESCRIPTION. If it should be void for lack of legal solemnities b. lapse of time provided by law a. must be true and valid. possession of the thing under certain conditions d. This must exist throughout the entire period required for prescription)  Just title (through any of the modes recognized by law. 30 years for immovables 3. also a means by which one loses ownership. capacity to acquire by prescription b. If the plaintiff should desist from the complaint or should allow the proceedings to lapse c. Ordinary—requires possession of things in good faith and with just title for the time fixed by law. Requisites (1117-1120):  Possession in Good Faith (Reasonable belief that the person who transferred the thing is the owner & could validly transmit ownership.(1125)  Area possessed prevails over the area in the title (1135) b. Just title is proved 2. Kinds: 1. 8 years for movables b. whether the legitime has been impaired or not and applies only when legitime is impaired As a rule. peaceful and uninterrupted 2. (1122) Civil interruption is produced by judicial summons to the possessor (1123)  When Judicial Summons shall be deemed not issued: (1124) a. a thing capable of acquisition by prescription c.a mode by which one acquires ownership and other real rights thru lapse of time. public. must be proved)  Within the time fixed by law: MOVABLES: a) in GF-4 years.

Juridical persons except the State and its subdivisions 5. Persons living abroad who have managers or administrators 4. It is negligence or omission to assert a right within a reasonable time. it is the possessor who is the actor Requires possession by a claimant who is not the Requires inaction of the owner or neglect of one owner with a right to bring his action Applicable to ownership and other real rights in the Applies to all kinds of rights. it need not be pleaded as an affirmative allegation specifically pleaded Based on a fixed time Not based on a fixed time Who may acquire by prescription (1107) 1. guardians or other legal representatives 2. Absentees who have administrators. whether real or occupant personal Results in the acquisition of ownership or other real Results in the loss of a real or personal right or rights in a person as well as the loss of said bars the cause of action to enforce the said right ownership or real rights in another Can be proven under the general issue w/o its Should be affirmatively pleaded and proved to bar being affirmatively pleaded the action or claim of the adverse party Vests ownership or other real rights in the occupant Produces the extinction of rights or bars a right of action Laches—failure or neglect for an unreasonable and unexplained length of time. guardians or legal representatives Against whom Prescription runs (1108) (MAP-JC) 1. The person renouncing must have capacity to alienate property. Between guardian and ward during the continuance of the guardianship Renunciation of Prescription Already Obtained. Between husband and wife eventhough there be a separation of property agreed upon in the marriage settlements or by judicial decree. 2. by exercising due diligence. Persons who are capable of acquiring property by other legal modes 2. Minors and other incapacitated personally or through their parents. Between co-heir or co-owner—Prescription obtained by one co-heir/co-owner benefits others(1111) Against whom Prescription does not run (1109) 1. PRESCRIPTION vs.PROPERTY 64 DISTINCTION BETWEEN ACQUISITIVE AND EXTINCTIVE PRESCRIPTION ACQUISITIVE EXTINCTIVE Relationship between the occupant and the land in One does not look to the act of the possessor but terms of possession is capable of producing legal to the neglect of the owner consequences. Requisites (1112) 1. warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. 2. Between parents and children during the minority or insanity of the latter 3. one could or should have done earlier. either appointed by them before their disappearance or by the courts 3. this inequity being founded on some subsequent change in the condition or the relation of the parties Statutory Not statutory Applies at law Applies in equity Cannot be availed of unless it is especially Being a defense in equity. Minors and other incapacitated persons who have parents. to do that which. The renunciation must refer to prescription already obtained . LACHES PRESCRIPTION Concerned with the fact of delay A question or matter of time LACHES Concerned with the effect of delay Principally a question of inequity of permitting a claim to be enforced.

First day excluded. Present possessor may tack his possession to that of his grantor or predecessor in interest 2. last day included PRESCRIPTIVE PERIOD OF ACTIONS Prescriptive Period Imprescriptible Actions  To declare an inexistent or void contract .PROPERTY 65 3. private property & patrimonial property of the state Things not subject to Prescription: 1. registered land under PD 1529 RULES IN COMPUTATION OF PERIOD (1138) 1. executor or other legal representative has been given a special power of attorney 4. Of Public domain 2. It must be made by the owner of the right. movables possessed through a crime (1133) 4. It must not prejudice the rights of creditors  The right to acquire by prescription in the future cannot be renounced (1112)  There is tacit renunciation when the renunciation results from acts which imply abandonment of the right acquired (1112)  Notwithstanding the express or tacit renunciation by a person of a prescription already obtained. his creditors and all persons interested in making prescription effective may still plead prescription for themselves to the extent of their credit (1114) Things subject to Prescription (1113): All things w/in the commerce of men. unless an administrator. intransmissible rights 3. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved 3.

PROPERTY 66 30 Years 10 Years 8 Years 6 Years 5 Years 4 Years 3 Years 2 Years 1 Year  To quiet title  To demand a right of way  To bring an action for abatement of public nuisance  To demand partition in co-ownership  To enforce a trust  Probate of a will  To recover possession of a registered land under PD 1529 by the registered owner  real actions over immovables (but not foreclosure) w/o prejudice to the acquisition of ownership or real rights by acquisitive prescription  Actions upon a written contract  Actions upon an obligation created by law  Actions upon a judgment from the time judgment becomes final  Actions among co-heirs to enforce warranty against eviction in partition  Mortgage action  Action to recover movables w/o prejudice to acquisition of title for a shorter period or to the possessors title under Arts. counted from the time action accrues  Action to revoke donations due to noncompliance of conditions  Action to rescind partition of deceased’s estate on account of lesion  Action to claim rescission of contracts  Annulment of contracts for vice of consent  Actions upon a quasi-delict  Action to revoke or reduce donations based on birth. appearance or adoption of a child  Actions upon an injury to the rights of the plaintiff (not arising from contract)  Actions under the eight hour labor law  Actions to recover losses in gambling  Money claims as a consequence of employeremployee relationship  Action to impugn legitimacy of a child if the husband or his heirs reside abroad  Action to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth  Action to impugn legitimacy of a child if the husband or his heirs are residing in the city of municipality of birth  Forcible entry and unlawful detainer  Defamation  Revocation of donation on the ground of ingratitude  Rescission or for damages if immovable is sold with an apparent burden or servitude  Action for warranty of solvency in assignment of credits . 559. 1505. 1133  Actions upon an oral contract  Actions upon a quasi-contract  Action for annulment of marriages (except on the ground of insanity) and for legal separation counted from the occurrence of the cause  Actions against the co-heirs for warranty of solvency of the debtor in credits assigned in partition  Action for declaration of the incapacity of an heir (devisee or legatee) to succeed  All other actions whose periods are not fixed by law.

PROPERTY 67 6 Months 40 Days  Actions for warranty against hidden defects or encumbrances over the thing sold  Redhibitory action based on faults or defects of animals .

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