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

Classification (according to mobility): 1. 2. Immovable real property Movable personal property

Requisites: 1. Utility 2. 3. Individuality/Substantivity Susceptibility of appropriation

Real Rights 1. 2. 3. no passive subject claim against whole world object is corporeal thing (obligation) creates juridical relations through mode & title

4. extinguished through loss or destruction of thing e.g. Registration 1. 2. 3. 4. 5. Real rights arises from (OPLUMEPARP) Ownership 6) Easement Possession 7) Pledge Lease 8) Antichresis Usufruct 9) Redemption Mortgage 10) Preemption

Personal Rights 1. 2. 3. Passive and active subject Object is an intangible thing (specific thing) Creates juridical relations through title

4. Not extinguished through loss or destruction of thing E.g. Action to recover sum of money or debt Immovable property 1. By nature cannot be moved from place to place because of their nature a) land, buildings & all kinds of constructions adhered to soil b) mine, quarries

2.

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

3.

By destination movables but purpose is to partake of an integral part of an immovable a) machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry 1

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001


b) fertilizers when applied to soil c) docks & floating structures

4.

By analogy/by law contracts for public works, servitude & other real rights over immovable property Movable property 1. susceptible of appropriation that are not included in enumeration in immovable 2. 3. immovable that are designated as movable by special provision of law forces of nature brought under control by science

4. things w/c can be transported w/o impairment of real property where they are fixed 5. obligations which involve demandable sums (credits)

6. shares of stocks of agricultural, commercial & industrial entities although they may have real estate Classification of Movables 1. 2. consumable cannot be utilized w/o being consumed non-consumable

Classification of Property (according to ownership): 1. Public dominion a) intended for public use b) intended for public service of state, provinces, cities & municipalities Characteristics: a) outside the commerce of men cannot be alienated or leased b) cannot be acquired by private individual through prescription c) not subject to attachment & execution d) cannot be burdened by voluntary easement 2. Private Ownership a) patrimonial property of state, provinces, cities, municipalities 1. exist for attaining economic ends of state

2. property of public dominion when no longer intended for public use/service declared patrimonial b) property belonging to private persons individually or collectively

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Title II OWNERSHIP


Chapter 1: OWNERSHIP IN GENERAL Definitions of Ownership Independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. Power of a person over a thing for purposes recognized by law & within the limits established by law Attributes:

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

b) unlawful detainer used by lessor/person having legal right over property


when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation)

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

May be exercised by 3rd person negotiorum gestio


8. Right to enclose or fence w/o detriment to servitude constituted

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 9. Right to surface & everything under it only as far as necessary for his practical
interest (benefit or enjoyment) 10. Right to hidden treasure found in own property a) hidden and unknown movables w/c consist of money or precious objects b) owner is unknown c) by chance if property owner is state belongs to finder; also if in anothers property; the finder must not be trespasser Limitation on Ownership 1. general limitations for the benefit of the state (eminent domain, police power, taxation) 2. 3. specific limitations imposed by law (servitude, easements) specific limitations imposed by party transmitting ownership (will, contract)

4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges) 5. inherent limitations arising from conflicts with other similar rights (contiguity of property)

6. 7.

owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors) acts in state of necessity law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity vs. principle of unjust enrichment)

8.

true owner must resort to judicial process when thing is in possession of another; law creates a disputable presumption of ownership to those in actual possession a) identify property b) show that he has better title Chapter 2: RIGHT OF ACCESSION

Accession owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto 1. principle of justice 2. accessory follows the principal

Accession continua accession to products of the thing Rights of owners: natural, industrial & civil fruits exception: possession in good faith by another, usufruct, lease, antichresis

Obligation of owners: a) Immovables accretion

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. Alluvium - owner of lands adjoining banks of river belongs the accretion
gradually received from effects of the water's current Requisites: a. deposit is gradual & imperceptible b. made through effects of current of water c. land where accretion takes place is adjacent to banks of river Rights of riparian owner Right to accretion ipso facto no need to make an express act of possession

2. Avulsion transfer of a known portion of land from one tenement to


another by force of current of waters Rights of riparian owner a) Right to portion of land transferred if not claimed by owner within 2 years (prescription) b) Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary expenses for gathering them & putting them in safe place 3. Change of river bed Right of owner of land occupied by new river course 1. Right to old bed ipso facto in proportion to area lost

2. Owner of adjoining land to old bed shall have right to acquire the
same by paying its value value not to exceed the value of area occupied by new bed 3. Formation of island in non-navigable river a) owner of margin nearest to islands formed if nearest to it

b) owner of both margins if island is in the middle (divided into halves longitudinally) 4. building, planting & sowing

General Rule whatever is built, planted or sown belongs to owner of land;

presumption is owner made them at his expense

Exception: contrary is proven


Right of owner of material 1. land Right to be indemnified or paid of value of property by owner of

2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid 3. Right to damages and demolition even if with injury to work if owner of land is in bad faith

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Right of owner when another builds, plants or sows in his land:

OWNER & BUILDER BOTH IN GOOD FAITH 1. Appropriate as his own after paying for indemnity

2. Oblige the planter, builder to pay for price of land or rent, except when value of lands is greater than thing built convert to rent Right of Builder in good faith before payment of indemnity of owner in good faith 1. 2. Right to retain land & building Right not to be compelled to pay for rent

3. Right of retention ceases when obliged to pay for value of and if he fails to do so Right of owner in good faith when builder is in bad faith 1. 2. 3. 4. Right to appropriate what has been built w/o paying indemnity Order demolition of building Compel the builder to pay for price of land or rent Right to damages

Right of builder in bad faith when owner is in good faith Right to be reimbursed for necessary expenses for preservation of land Right of Builder in good faith when owner is in bad faith 1. 2. 3. Right to indemnity for value of building Right to damages Right to demolish w/o payment of indemnity

Bad faith on both builder & owner


in pari delicto (no cause of action vs. each other)

Right of 3rd person who owns materials


1. Right to be indemnified for value of materials irrespective of good faith or bad faith of builder or owner; if builder has no property, owner is subsidiarily liable 2. When builder is in bad faith & owner in good faith & owner compel builder to remove improvements, owner is not subsidiarily liable

3.

When 3rd person is paid by builder, builder may demand from landowner the value of labor & materials b) Movables 6

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. Conjunction / adjunction 2 movable things which belong to different
owners are united to form a single object Test to determine w/c one is the principal: a. that to w/c the other intended to be united as ornament or for its use of perfection b. value c. volume Rights:

1. If both are in good faith owner of principal acquired the


accessory with indemnification

2. If both are in good faith may separate them if no injury will be


caused; if value of accessory is greater than principal, owner of accessory may demand separation even if damages will be caused to the principal (expenses to be borne by one who caused the conjunction)

3. If owner of accessory is in bad faith owner of accessory with


damages to principal

4. If owner of principal is in bad faith owner of accessory shall have


option of principal paying value of accessory or removal of accessory despite destruction of principal

5. Owner of accessory or principal has right to indemnity when thing


adjuncts w/o his consent may demand that a thing equal is kind, value and price

2. Specification One employs the materials of another in whole or in part


on order to make a thing of a different kind; transformation Rights:

1. If person who made the transformation is in good faith - he shall


appropriate the thing transformed as his own with indemnity to owner of material for its value

2. If material is more precious than transformed thing owner of


material may appropriate the new thing to himself after indemnity paid to labor or demand indemnity for materials

3. If person who made the transformation is in bad faith, owner of


material shall appropriate the work to himself w/o paying maker or demand indemnity for value of materials & damages

4. If transformed thing is more valuable than material, owner of


material cannot appropriate

3. Commixtion / confusion 2 things of the same or different kinds are


mixed & are not separable w/o injury Rights:

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. If both owners are in good faith Each owner shall acquire a
right proportional to the part belonging to him (vis-a-vis the value of the things mixed or confused)

2. If one owner is in bad faith he shall lose the thing belonging to


him plus indemnity for damages caused to owner of other thing mixed with his thing

3. If both in bad faith no cause of action against each other


Chapter 3: QUIETING OF TITLE Reasons: 1. prevent litigation 2. protect true title & possession

3. real interest of both parties which requires that precise state of title be known Action to quiet title put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendants claim is w/o foundation when proper: 1. contract has been extinguished or terminated 2. contract has prescribed 3. remove cloud Action to remove cloud intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiffs title which may be used to injure or vex him in the enjoyment of his title

Cloud any instrument which is inoperative but has semblance of title Requisites: 1. Plaintiff must have legal or equitable interest 2. Need not be in possession of property 3. Return to defendant all benefits received he who wants justice must do justice

Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING Liability for damages:

1.

collapse engineer, architect or contractor

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 2.


collapse resulting from total or partial damage; no repair made owner; state may compel him to demolish or make necessary work to prevent if from falling

3.

if no action done by government at expense of owner

C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Title III: CO-OWNERSHIP


Co-ownership a) b) c) plurality of subjects many owners unity of material (indivision) of object of ownership recognition of ideal shares

Causes/Sources: 1. law 2. 3. 4. 5. contracts succession fortuitous event/chance commixtion occupancy 2 persons catch a wild animal

Distinguished from partnership

a) b) c)

partnership created only by agreement; co-ownership has many sources

purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing in partnership there is juridical personality distinct from individuals, none in co-ownership

d) e) f) g)

partnership can be created for more than 10 years, not in co-ownership

partners cannot transfer rights w/o consent of other co-partners, not coownership partnership extinguished when partner dies, not in co-ownership

distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but depends on ideal share/interest Rights of co-owners 1. Right to benefits proportional to respective interest; stipulation to contrary is void 2. Right to use thing co-owned a. for purpose for which it is intended b. without prejudice to interest of ownership c. without preventing other co-owners from making use thereof 3. Right to change purpose of co-ownership by agreement 4. Right to bring action in ejectment in behalf of other co-owner 5. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes

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

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Rights of 3rd parties 1. creditors of assignees may take part in division and object if being effected without their concurrence, but cannot impugn unless there is fraud or made notwithstanding their formal opposition 2. non-intervenors retain rights of mortgage and servitude and other real rights and personal rights belonging to them before partition was made

Title V: POSSESSION
Possession holding of a thing or enjoyment of a right 1. occupancy actual or constructive (corpus) 2. intent to possess (animus) How acquired:

a. material occupation possession as a fact


1. physical 2. constructive tradicion brevi manu (one who possess a thing short of title of owner lease ); tradicion constitutum possesorium (owner alienates thing but continues to possess depositary, pledgee, tenant) cannot be recognized at the same time in 2 different personalities except co-possession question arise regarding fact of possession 1. present possessor preferred

2. 2 possessors one longer in possession 3. dates of possession the same one who presents a title 4. both have titles judicial resolution b. subject to action of our will- possession as a right 1. tradicion simbolica delivering object or symbol of placing thing under
control of transferee (keys)

2. tradicion longa manu pointing out to transferee the things which are
being transferred

c. proper acts and legal formalities established for acquiring rights donation,
sale What can be subject of possession things or rights which are susceptible of being appropriated

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Degrees of possession: 1. holding w/o title and in violation of right of owner 2. possession with juridical title but not that of owner 3. possession with just title but not from true owner 4. possession with just title from true owner Classes of ownership:

1. in concept of owner owner himself or adverse possessor


Effects: a. may be converted into ownership through acquisitive prescription b. bring actions necessary to protect possession c. ask for inscription of possession d. demand fruits and damages from one unlawfully detaining property

2. in concept of holder usufruct, lessee, bailee 3. in oneself personal acquisition


a. he must have capacity to acquire possession b. intent to possess c. possibility to acquire possession

4. in name of another agent; subject to authority and ratification if not authorized;


negotiorum gestio a. representative has intention to acquire for another and not for himself b. person from whom it is acquired has intention of possessing it

5. in good faith not aware that there exist flaw in title or mode w/c invalidates it;
mistake upon doubtful question of law; always presumed; it may be interrupted by extraneous evidence or suit for recovery of property of true owner

6. in bad faith aware of defect


Possession through succession 1. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same ) 2. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title; but effects of possession in good faith shall not benefit him except from date of death of decedent.

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Minors/ Incapacitated may acquire material possession but not right to possession; may only acquire them through guardian or legal representatives Acquisition

1. cannot be acquired through force or intimidation when a possessor objects


thereto resort to courts

2. the following do not affect acts of possession ( not deemed abandonment of


rights ); possession not interrupted a. acts merely tolerated b. clandestine and unknown acts c. acts of violence Rights of possessor: 1. Right to be respected in his possession; if disturbed protected by means established by law; spoliation 2. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription a. Possession has to be in concept of owner, public, peaceful and uninterrupted b. Title short of ownership 3. Person in concept of owner has in his favor the legal presumption of just title (prima facie) 4. Possession of real property presumes that movables are included 5. Co-possessors deemed to have exclusively possessed part which may be allotted to him; interruption in whole or in part shall be to the prejudice of all 6. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial gathered or severed; civil accrue daily ) 7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession ); owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses; if possessor in good faith refuses barred from indemnification in other manner 8. Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith; Possessor in good faith has right of retention over thing unless necessary expenses paid by owner 9. Possessor in good faith has right to be reimbursed for useful expenses with right of retention;

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

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f. Negotiable document of title Possession is equivalent to title a. possession is in good faith b. owner has voluntarily parted with the possession of the thing

1. possessor is in concept of an owner

Title VI: USUFRUCT


Usufruct right to enjoy anothers property with correlative duty of preserving its form and substance a. things movable/immovable b. rights provided it is not strictly personal Kinds: 1. legal - parents over children 2. voluntary contracts, wills 3. mixed prescription 4. total 5. partial 6. simultaneous 7. successive 8. pure 9. conditional 10. With a term Rights of usufructuary: 1. 2. 3. Right to civil, natural & industrial fruits of property Right to hidden treasure as stranger Right to transfer usufructuary rights gratuitous or onerous;

but is co-terminus with term of usufruct; fruits proportionate at duration of usufruct; but cant do acts of ownership such as alienation or conveyance except when property is: a. consumable b. intended for sale

c. appraised when delivered; if not appraised & consumable return same


quality (mutuum) 4. Right not exempt from execution and can be sold at public auction by owner

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5. Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of ownership bring action to preserve 6. Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct belongs to owner 7. Right to necessary expenses from cultivation at end of usufruct

8. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein 9. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew 10. Right of usufructuary of woodland ordinary cutting as owner does habitually or custom of place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct must notify owner first 11. Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner should clear & remove them if caused by calamity or extraordinary event impossible to replace them 12. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right 13. Right to necessary expenses

14. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner; may remove improvement if can be done w/o damage 15. Right to set-off improvements against damages he made against the property 16. Right to administer when property is co-owned; if co-ownership cease usufruct of part allotted to co-owner belongs to usufructuary not affected 17. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent & necessary for preservation of thing Rights of naked owner 1. 2. 3. Alienate thing Cant alter form or substance Cant do anything prejudicial to usufructuary

4. Construct any works and make any improvement provided it does not diminish value or usufruct or prejudice right of usufructuary Obligations of usufructuary: 1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to fruits should reimburse expenses incurred 2. Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to return in that state; except when there is fraud or negligence, then he shall be liable 3. Before entering into usufructuary: a) Notice of inventory of property (appraisal of movables & description)

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b) Posting of security 1. not applicable to parents who are usufructuary of children except nd when 2 marriage contracted 2. excused allowed by owner, not required by law or no one will be injured failure to give security: owner may demand that: a. immovables be placed under administration b. NI can be converted into registered certificates or deposited in bank c. Capital & proceeds of sale of movables be invested in safe securities d. Interest on proceeds or property under admin belong to usufructuary e. Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives sufficient security f. Effect of security is retroactive to day he is entitled to fruits

4. Take care of property as a good father of family 5. Liable for negligence & fault of person who substitute him

6.

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 remains saved; if perish in part due to accident continue on remaining portion; if on sterile animals as if fungible replace same kind & quality

7.

Obliged to make ordinary repairs wear & tear due to natural use of thing and are indispensable for preservation; owner may make them at expense of usufructuary during existence of usufruct

8.

Obliged to make expenses due to his fault; cannot escape by renouncing usufruct 9. 10. 11. Pay legal interest from extraordinary expenses made by owner Payment of expenses, charges & taxes affecting fruits Payment of interest on amount paid by owner charges on capital

12.

Obliged to notify owner of act of 3rd person prejudicial to rights of ownership he is liable if he does not do so for damages as if it was caused through his own fault 13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary Obligations of owner 1. extraordinary expenses; usufructuary obliged to inform owner when urgent and there is the need to make them 2. expenses after renunciation of usufruct

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3. taxes & expenses imposed directly on capital

4. if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to be liable for whatever is lost by usufructuary 5. if property is expropriated for public use owner obliged to either replace it or pay legal interest to usufructuary of net proceeds of the same Extinguishment of usufruct 1. death of usufructuary unless contrary intention appears 2. expiration of period of usufruct 3. merger of usufruct & ownership 4. renunciation of usufructuary express 5. total loss of thing 6. termination of right of person constituting usufruct

7. prescription use by 3rd person


loss in part remaining part shall continue to be held in usufruct

usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years usufruct constituted on immovable whereby a building is erected - & building is destroyed right to make use of land & materials if owner wishes to construct a new building pay usufructuary the value of interest of land & materials both share in insurance if both pays premium; if only owner then proceeds will go to owner only effect if bad use of the thing owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary at termination of usufruct:

thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c should be reimbursed security of mortgage shall be cancelled

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP


Different Modes of acquiring ownership: (OLDTIPS) 1) Occupation 2) 3) 4) Law Donation Tradition

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5) 6) 7) Intellectual Property Prescription Succession

MODE Proximate cause of ownership ( sales, donation)

TITLE Remote cause of ownership; merely constituted the means OCCUPATION 1. There should be a corporeal thing (tangible) which must have a corpus (body) & that thing should have no owner 2. There must be actual occupancy; thing must be subjected to ones control/disposition 3. 4. There must be an intention to occupy Accomplished according to legal rules

What are the things susceptible to occupation?

things that are w/o owner res nullius; abandoned stolen property cannot be subject of occupation animals that are the object of hunting & fishing

kinds of animals:

a) wild considered res nullius when not yet captured; when captured
& escaped become res nullius again

b) domesticated animals originally wild but have been captured & tamed;
now belong to their capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit of returning & regain their original state of freedom

c) domestic/tame animals born & ordinarily raised under the care of


people; become res nullius when abandoned by owner Animals: a) Swarm of bees b.) owner shall have right to pursue them to anothers land (owner to identify latter for damages, if any) land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees hidden treasure (only when found on things not belonging to anyone) abandoned movables

Domesticated animals may be redeemed within 20 days from occupation of another person; if no redemption made, they shall pertain to the one who caught them

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c) Pigeons & fish Movables: 1) Treasure found on anothers property 2) consist of (1) money, precious objects & 2) hidden & owner is unknown finding must be by chance in order that stranger may be entitled to of the treasure Movable found w/c is not treasure must be returned to owner if finder retains the thing found may be charged with theft if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks in way he deems best If owner does not appear 6 months after publication, thing found shall be awarded to finder if owner appears, he is obliged to pay 1/10 of value of property to finder as price if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication when they go to another breeding place, they shall be owned by the new owner provided they are not enticed

What cannot be acquired by occupation Ownership of a piece of land because when a land is without an owner, it pertains to the state land that does not belong to anyone is presumed to be public land

but when a property is private and it is abandoned can be object of occupation

PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run Kinds: 1. Acquisitive 2. Extinctive Who may acquire by prescription: a. b. c. person who are capable of acquiring property by other legal modes STATE minors through guardians of personally

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Against whom prescription run: 1. 2. 3. 4. 5. 6. 7. 8. 9. minors & incapacitated person who have guardians absentees who have administrators persons living abroad who have administrators juridical persons except the state with regards to property not patrimonial in character between husbands & wife between parents & children (during minority/insanity) between guardian & ward (during guardianship) between co-heirs/co-owners between owner of property & person in possession of property in concept of holder

Things subject to prescription: all things within the commerce of men a. b. private property patrimonial property of the state

Things not subject to prescription: 1. 2. 3. 4. public domain in transmissible rights movables possessed through a crime registered land

Renunciation of prescription: persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future may be express or tacit

prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply abandonment of right acquired creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS Kinds of Acquisitive prescription 1. 2. ordinary extra-ordinary

Requisites for ordinary prescription: 1. possession in good faith 22

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2. 3. just title within time fixed by law 4 years for movables 8 years for immovables 4. in concept of an owner

5. public, peaceful, uninterrupted Requisites for extra-ordinary prescription: 1. 2. just title is proved within time fixed by law 10 years for movables 30 years for immovables 3. 4. in concept of an owner public, peaceful, uninterrupted

GOOD FAITH Reasonable belief that person who transferred thing is the owner & could validly transmit ownership Must exist throughout the entire period required for prescription

JUST TITLE (TRUE & VALID) must be proved & never presumed

a) b)

Titulo Colorado Titulo putativo title must be one which would have been sufficient to transfer ownership if grantor had been the owner through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership

IN CONCEPT OF OWNER possession not by mere tolerance of owner but adverse to that of the owner claim that he owns the property

PUBLIC, PEACEFUL & UNINTERRUPTED Must be known to the owner of the thing Acquired & maintained w/o violence Uninterrupted (no act of deprivation by others) in the enjoyment of property

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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001


INTERRUPTION a) Natural - through any cause, possession ceases for more than 1 year

b) civil -

if 1 year of less as if no interruption produced by judicial summons; except 1. void for lack of legal solemnities 2. plaintiff desist from complaint/allow proceedings to lapse

3. possessor is absolved from complaint b) express or tacit renunciation c) possession in wartime RULES IN COMPUTATION OF PERIOD: a. Present possessor may tack his possession to that of his grantor or predecessor in interest b. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved c. First day excluded, last day included

TACKING PERIOD there must be privity between previous & present possessor possible when there is succession of rights if character of possession different:

predecessor in bad faith


extraordinary prescription PRESCRIPTION OF ACTIONS By lapse of time fixed by law -

possessor in good faith use

30 years action over immovables from time possession is lost 10 years mortgage action upon written contract upon obligation created by law upon a judgement 8 years action to recover movables from time possession is lost 6 years

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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001


upon an oral contract upon a quasi-contract 5 years actions where periods are not fixed by law 4 years upon injury to rights of plaintiff upon a quasi-delict 1 year for forcible entry & detainer

- for defamation Rights not extinguished by prescription: 1. 2. 3. 4. 5. 6. DONATION Characteristics: a) b) Unilateral obligation imposed on the donor Consensual perfected at time donor knows of acceptance demand right of way abate public /private nuisance declare contract void recover property subject to expressed trust probate of a will quiet title

Requisites of Donation: 1. 2. 3. 4. Reduction in patrimony of donor Increase in patrimony of donee Intent to do act of liberality Donor must be owner of property donated

Requirements of a donation:

1. subject matter anything of value; present property & not future, must not impair
legitime

2. causa anything to support a consideration: generosity, charity, goodwill, past


service, debt 3. capacity to donate & dispose & accept donation

4. form depends on value of donation


Kinds of Donation according to Effectivity: 25

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Donation Inter Vivos Disposition and acceptance to take effect during lifetime of donor and donee Already pertains to the donee unless there is a contrary intent Donation Mortis Causa Disposition happens upon the death of donor Even if there is a term of effectivity and effectivity is upon the death of the donor, still entitled to fruits Formalities required - follow law on Formalities required - follow law on donations and certain kinds of donations & succession to be valid, and donation must law on obligations and contracts be in the form of a will (suppletory) Irrevocable at the instance of the donor; Revocable ad mutuum (exclusive will of may be revoked only by reasons provided donor) by law Revoked only for reasons provided for by law (except onerous donations) Acceptance a) acceptance must be made personally or thru agent b) donation may be made orally or in writing movable: 5,000 & below may be oral or written, if oral it must be with simultaneous delivery of thing/document & acceptance need not be in writing above 5,000 - must be written and accepted also in writing immovable - must be in a public instrument & acceptance must also be in a public instrument (in same instrument or in other instrument)

In case of doubt with regards to nature of donation: inter vivos Badges of mortis causa: 1. Title remains with donor (full or naked ownership)& conveyed only upon death

2. Donor can revoked ad mutuum


3. Transfer is void if transferor survives transfer Kinds of donation INTER VIVOS 1) 2) 3) 4) pure/simple remuneratory conditional onerous Remuneratory Liberality or merits of donee or burden/ charge of past services provided they do not constitute demandable debt Conditional Valuable consideration is imposed but value is less than value of thing donated Onerous Valuable consideration given

Pure/Simple a) Consideration Merits of donee

b) law to apply/ forms Law on donations Law on donations

Extent of burden

Law on obligations

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imposed>oblicon excess>donation c) form of acceptance Required d) reservation w/regards to personal support & legitime Applicable e) warranty against eviction & hidden defects In bad faith only f) revocation Applicable Required Required Required

Applicable

Applicable

Not Applicable

In bad faith only Applicable

In bad faith only Applicable

Applies Applicable

Who may give donations - All persons who may contract and dispose of their property

Who may accept donations: 1. natural & juridical persons w/c are not especially disqualified by law 2. minors & other incapacitated a) by themselves - if pure & simple donation if it does not require written acceptance

b) by guardian, legal representatives if needs written acceptance 1. natural guardian not more than 50,000 2. court appointed - more than 50,000 3. conceived & unborn child, represented by person who would have been guardian if already born Who are disqualified to donate: 1. guardians & trustees with respect to property entrusted to them 2. husband & wife 3. between paramours/persons guilty of adultery 4. between parties guilty of same criminal offense 5. made to public officers, wife, descendant, ascendant Other persons disqualified to receive donations: 1. priest who heard confession of donor during his last illness

2.

relatives of priest within 4th degree, church, order, community where priest belongs 3. physician, nurse, etc. who took care of donor during his last illness

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4. individuals, corporations, associations not permitted

What may be given: All or part of donors present property provided he reserves sufficient means for the support of the ff: a) himself b) relatives who by law are entitled to his support c) legitimes shall not be impaired when w/o reservation or if inofficious, may be reduced on petition of persons affected except: conditional donation & donation mortis causa except: future property DOUBLE DONATIONS:

Rule: Priority in time, priority in right

1. If movable one who first take possession in good faith 2. If immovable one who recorded in registry of property in good faith - no inscription, one who first took possession in good faith - in absence thereof, one who can present oldest title REVOCATION OF DONATIONS applies only to donation inter vivos not applicable to onerous donations

With regards to donations made by person without children or descendants at time of donation: 1. 2. 3. If donor should have legitimate, legitimated or illegitimate children If child came out to be alive & not dead contrary to belief of donor If donor subsequently adopts a minor child

Action for revocation based on failure to comply with condition in case of conditional donations Action for revocation by reason of ingratitude 1. Donee commits offense against person, honor, property of donor, spouse, children under his parental authority 2. Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he should prove it unless act/crime has been committed against donee himself, spouse or children under his parental authority 3. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor BIRTH OF CHILD NON-FULFILLMENT OF CONDITION INGRATITUDE

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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001


Ipso jure revocation, no need for action., court decision is merely declaratory needs court action needs court action

Extent: portion which may Extent: whole portion but impair legitime of heirs court may rule partial revocation only Property must be returned Property in excess Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be Alienations/mortgages returned the value must imposed are void unless be returned registered with Register of If mortgaged donor may Deeds redeem the mortgage with right to recover from donee Fruits to be returned at Fruits to be returned at filing of action for filing of complainant revocation Prescription of action is 4 Prescription is 4 years from years from birth, etc. non-fulfilment Action cannot be renounced Right of action transmitted to heirs

Extent: returned

Whole

portion

Property to be returned

Prior ones are void; demand value of property when alienated and cant be recovered or redeemed from 3rd persons

Prescription is 1 year from knowledge of fact and it was possible for him to bring action

Action cannot be renounced in advance Right of action at instance Heirs cant file action of donor but may be transmitted to heirs Action extends to donees Action does not extend to heirs donees heirs Exception to rule on intransmissibility of action with regards to revocation due to ingratitude: 1. personal to the donor; general rule is heir cannot institute if donor did not institute 2. heirs can only file in the ff cases: a) donor has instituted proceedings but dies before bringing civil action for revocation b) donor already instituted civil action but died, heirs can substitute c) donee killed donor or his ingratitude caused the death of the donor d) donor died w/o having known the ingratitude done e) criminal action filed but abated by death 3. can only make heirs of donee liable if complaint was already filed when donee died Inofficious donations: 1. shall be reduced with regards to the excess

2. action to reduce to be filed by heirs who have right to legitimate at time of donation

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3. donees/creditors of deceased donor cannot ask for reduction of donation if there are 2 or more donation: recent ones shall be suppressed

4. 5.

if 2 or more donation at same time treated equally & reduction is pro rata but donor may impose preference which must be expressly stated in donation

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