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Revised Property Midterm Exam Reviewer

Revised Property Midterm Exam Reviewer

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Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S.

Santos (4CLM)

CLASSIFICATION OF PROPERTY
-immovable or real property -movable or personal property *THING (cosa) ± any object that exists and is capable of satisfying human needs - includes objects already possessed (res alicujus) and those that are capable of being possessed *PROPERTY (bienes) ± anything which is already the object of appropriation or is found in the possession of man Requisites of Property 1.UTILITY ± capacity to satisfy human wants 2.SUBSTANTIATION ± individuality; the quality of having existence apart from any other thing 3.APPROPRIABILITY ± susceptibility of being possessed by men *NB: -common things (res communes) are NOT capable of appropriation in their entirety BUT they may be appropriated under certain conditions in a limited. Ex: sunlight=electricity; air=oxygen) -things can NOT be considered as property when they are not susceptible of appropriation because of the ff: a. physical impossibility b. legal impossibility c. outside the commerce of men RIGHTS AS PROPERTY Real Rights (Jus In Re) -right or interest belonging to a person over a specific thing without a definite passive subject against whom such right may be personally enforced Classification of Real Rights based upon dominion 1. Domino Pleno ± power to enjoy and to dispose are united a.Dominion b. Civil Possession c. Hereditary right 2. Domino Menos Pleno ± powers to enjoy and to dispose are separated a. surface rights b. usufruct 3. Domino Limitado ± power to enjoy and dispose, though united, are limited a. by a charge b. by a guaranty c. by a privilege Personal Rights (Jus in Personam/ Jus ad Rem) -right or power of a person (creditor or oblige) to demand from another (debtor or obligor) as a definite passive subject, the fulfillment of the latter¶s obligation Elements: 1. Active Subject 2. Passive Subject 3. Object or prestation 4. Juridical or Legal Tie CLASSIFICATION OF PROPERTY 1. Nature a. Real (Art. 415, CCP) b. Personal (Art. 416-417, CCP) c. mixed 2. Ownership a. Public b. Private

3.

Divisibility a. Divisible b. Indivisible 4. Consumability a. Consumable b. Non-Consumable 5. Susceptibility of Distribution a. Fungible b. Non-Fungible 6. Alienability a. Within the commerce of men b. Outside the commerce of men 7. Existence in time a. Existing b. Future 8. Dependence or Importance a. Principal b. Accessory 9. Definitiveness or Designation a. Generic b. Specific 10. Manifestability to the Senses a. Corporeal b. Incorporeal

Importance of Classification (special rules): 1. PRIVATE INTERNATIONAL LAW: immovables are governed by the country in which they are located; movables are governed by the personal law of the owner ± his nationality or his domicile 2. CRIMINAL LAW: immovables ± usurpation of property; movables ± theft and robbery 3. PROCEDURE: actions concerning real property ± RTC where the property is located; personal property ± court where the defendant reside or may be found 4. ACTION TO RECOVER POSSESSION: for immovables ± action for forcible entry or unlawful detainer (accion interdictal, publiciana, reinvindicatoria); for movables ± remedy of replevin, manual delivery of personal property 5. CONTRACTS: immovables ± subject matter of real mortgage and antichresis; movables ± subject matter of simple loan or mutuum, voluntary deposit, pledge and chattel mortgage 6. DONATION: immovables ± valid if made in a public instrument; movables ± may be made orally or in writing unless the value exceeds P5,000, in which case, there¶ll be a need for private instrument 7. PRESCRIPTION: immovables ± acquired through prescription although there is bad faith, in 30 years; movables ± 8 years 8. REGISTRATION: immovables ± recorded in the rd Registry of Property to affect 3 persons; movables ± not required except in cases of chattel mortgage Mixed Property/Semi-movables ± things which are strictly neither movables nor immovables but partake of the nature of both Ex: -movables that are rendered immovables by reason of attachment; -immovables that are treated movables because they can be transplanted or dismantled and moved to another place without impairing their substance -animals in animal houses are classified as immovables though transferrable from place to place or can move by themselves.

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Receptacles. Machinery. 7. Statutes. and waters either running or stagnant. while they are attached to the land or form an integral part of an immovable. 10.. Animal houses. they become movable GROWING FRUITS: growing crops or ungathered products or fruits may be treated as personal property -when growing crops are sold. and which tend directly to meet the needs of the said industry or works. they become movable. independent and regardless of the ownership of the land on which it is erected -a structure which is superimposed may be considered movable (ex: barong-barong) -house which is sold to be demolished is movable -once a house is demolished. they continue to be immovable although temporarily separated from the tenement Animal Houses. 8. #3 are temporarily separated from the immovable. the animals in these places are included. 3. though floating. and forming a permanent part of it. 5. Mines. the moment they are no longer used or needed in the industry.415. in such a way that it can not be separated therefrom without breaking the material or deterioration of the object. etc.all objects placed with an intention of permanent annexation become part of the land and lose their identity as movables or chattels Statues. roads and constructions of all kinds adhered to the soil.immovable character of the objects depends uppo their being destined for use in the industry or works carried on in a building or on a piece of land. The machinery. attachment or destination Machinery. Buildings. 6.fertilizers already on land but still in their containers are still regarded as movables Mines. Everything attached to an immovable in a fixed manner.where the res of a real right is real property. may or may not be attached to an immovable. Fertilizers actually used on a piece of land. Docks and structures which.Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. beehives. they revert to their normal condition of movables. receptacles. reliefs. placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements. The industry or works must be carried on in a building or on a piece of land ± 3. are intended by their nature and object to remain at a fixed place on a river. paintings or other objects for use or ornamentation.objects must be placed by the owner: if placed by a person not the owner of the immovable. 415 The ff.although things mentioned in Art.as long as they are utilized or still needed in the industry. Trees. the right itself is a real property. buildings. Lands. Contracts for pubic works and servitudes and other real rights over immovable property. are immovable property: 1. Plants and Growing Fruits TREES AND PLANTS: once trees and plants are cut or uprooted.A personal right is always regarded personal property EXCEPT in the case of contract for public works which are considered as real property Page 2 . instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land. Beehives. where it is personal property. Land. 9. they are to be regarded as personal property IN CASE of alienation and for purposes of criminal law (robbery or theft) Fertilizers: must actually be used . Reliefs. lake or coast. must tend directly to meet the needs of the said industry or works ± . they shall continue to be regarded as immovable if there is an intent to put them back . Instruments or Instruments for an Industry or Works 3 requisites: 1. Santos (4CLM) IMMOVABLE PROPERTY Art. Roads and Constructions of All Kinds -must adhere to the soil LAND: real property by nature and definition even if rented. Slag Dumps -once severed. the object will not attain the character of an immovable unless such person acts as an agent of the owner -there must be an intention to attach them permanently -immovable both by incorporation. Quarries. Pigeon Houses. etc. fish ponds and breeding places of similar nature. must be places by the owner of the tenement or his agent ± 2. while the matter thereof forms a part of the bed. 4. in case their owner has placed them or preserves them with the intention to have them permanently attached to the land. for then they are no longer mines but minerals Contracts for Public Works and Servitudes and other Real Rights over Immovables . quarries and slag dumps. Machinery. the transaction is considered as sale of movables because it is understood that they are to be gathered or harvested for delivery and thus are no longer attached to the land or integral parts thereof Everything Attached to an Immovable in a Fixed Manner . the right itself is personal property . plants and growing fruits. 2. its character as an immovable ceases ROADS and CONSTUCTIONS: immovable as long as there is an intent to attach it permanently Trees. pigeon houses. BUILDINGS: immovable if permanent in structure. Painting or other Objects used for Ornamentation . although they are not separated from the immovable . Fish Ponds or Breeding Places of Similar Nature Animals: since animals can be moved from place to place without injury.

may not be bargained away through contract 2. Dominion vs. forest and other natural resources) Definition: 1. and regulates its use for the general welfare. Those movables susceptible of appropriation which are not included in the preceding article. NON-FUNGIBLE: not replaceable in such equivalents *NB: terms consumable and fungible are interchangeable. Ownership . leased. are also considered as personal property: 1. 417 The ff. Private Ownership or property owned by: a. The State in its private capacity (patrimonial property) b. Can not be sold.can NOT be an object of appropriation either by the State or by private persons As to RELATION« . Real property which by any special provision of law is considered as personalty. 418: Consumables and Non-Consumables . Those which belong to the State without being for public use. and 4. 3. CREEKS ± small islet extending further into the land. things are property of public dominion: 1. intended for the development of the national wealth (minerals.public dominion does NOT import the idea of ownership . 420 The ff. Can not be acquired by prescription not even by municipalities as against the State 3. bed and banks 7.consumable goods cannot be the subject matter of a contract of commodatum unless the purpose of the contract is not the consumption of the object.NOT synonymous terms *PUBLIC LANDS ± uniformly used to describe so much of the national domain under the legislative power of Congress PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS Property Classified According to Ownership 1.purpose is NOT to serve the State as juridical person BUT the citizens . As to PURPOSE« . rivers. oil.intended for the common and public welfare . Property. such as roads. 2. quantity and quality. 2. Can not be burdened with easements 5. coal.the relation of the State to this property arises from the fact that the State is the juridical representative of the social Page 3 . 416 The ff. TORRENTS ± a violent stream of water as a flooded river or one suddenly raised by a heavy rain descending a steep incline 8. even if not employed for public use or public service. Can not be registered under the land registration law and be the subject of a Torrens title Public Lands vs. or otherwise be the subject matter of contracts. either individually or collectively *NB: Property is presumed to be State property in the absence of any showing to the contrary.property of public dominion is NOT owned by the State but simply under its jurisdiction and administration for the collective enjoyment of all people of the State. shores. Art. group and as such it takes care of and preserves the same. all things which can be transported from place to place without impairment of the real property to which they are fixed. SHORES ± portion of the land bordering the sea and which is subject to the ebb and flow of the waters 5. such as government buildings and vehicles). torrents.public dominion. the subject matter is money or other consumable thing Fungibles and Non-Fungibles FUNGIBLE: can be substituted by another thing of the same kind. Property which Is not for public use but intended for some specific public services (can be used only by duly authorized persons. although they may have real estate Art. 2. Can not be attached and sold at public auction to satisfy judgment 4. 2. and are intended for some public service or for the development of the national wealth 3 Kinds of Property of Public Dominion 1. Those intended for public use. roadsteads. Property intended for public use (can be used by everybody). Shares of stock of agricultural. banks. Government Lands . PORT ± place where ships may take on or discharge cargo 4. Santos (4CLM) MOVABLE PROPERTY Art. Obligations and actions which have for their object movables or demandable sums.Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. Private persons. Art. commercial and industrial entities. things are deemed to be personal property: 1. 3. CANALS ± artificial waterways designed for navigation or for irrigating or draining land 3. Public Dominion or property owned by the State in its public or sovereign capacity and intended for public use and not for the use of the State as a juridical person. RIVERS ± natural surface stream of water of considerable volume and permanent seasonal flow. a natural stream of water normally smaller than and often tributary to a river Property of Public Dominion are Outside Commerce of Men Hence: 1.in simple loan or mutuum. a compound concept consisting of running water. and others of similar character. canals. Forces of nature which are brought under control by science. ports and bridges constructed by the State. ROAD ± public ways constructed and maintained by the national government 2. BANKS ± lateral strips or zones of its bed which are washed by the stream only during such high floods as do not cause inundations 9. not public ownership As to OWNERSHIP« . In general. ROADSTEAD ± place less sheltered or enclosed than a harbor where ships may ride at anchor 6. and 2. as when it is merely for exhibition .

promenades. fountains. Property of Private Ownership .Jus Possidendi (possess) 2. mortgage -the owner creates an encumbrance on his property that restricts the use or transfer of the same Page 4 . when no longer intended for public use or for public service.Partially ± without transferring ownership.not intended for public use. SUBJECT MATTER OF OWNERSHIP 1.Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. and public works for public service paid for by said provinces.property of the State owned by it in its private or proprietary capacity. when it is placed in the control and possession of the vendor Right to Use and Enjoy -includes right ti transform and right ti exclude any person from enjoyment and disposal thereof -an owner cannot make use of his property to injure the rd rights of a 3 person Right to Receive Fruits and Accessories *FRUITS ± accessions (types: natural.Jus Fruendi (fruits) 4. or devoted to public use. 423 and 424 . or for some public services. *NB: provision NOT self-executing (there must be a formal declaration by the legislative dept of the government) *REGALIAN DOCTRINE ± all lands of public domain belong to the State and lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State Property of Political Subdivisions (Provinces. industrial civil) -possessor who is not the owner is entitled to fruits such as: -possessor in good faith -usufructuary -lessee of an agricultural land -antichretic creditor *Gen.Thing ± anything that is material (corporeal.Rights ± real/personal Art.Jus Dispondendi (dispose/alienate) 7.Totally ± sale/donation b.Rule: all accessions and accessories are included in the obligation to deliver a determinate thing although they may not have been mentioned. pledge. tangible) 2.Jus Accessionis (Accessories) 5.Jus Vindicandi (vindicate/recover) Right to Possess -right to hold a thing/enjoy a right -exercised in one¶s own name or in that of another -NOT necessarily included (ownership is different from possession) *right to possess does NOT always include the right to use -possessor may be declared an owner but he may not be entitled to possession -judgment of ownership does NOT necessarily include possession as a necessary incident -vendor is bound to deliver not only to transfer the ownership of. *PP can be an object of an ordinary contract. municipal streets. or subject to private rights and patrimonial lands .speaks of property for public use. With the exception of public agricultural lands. SHALL form part of the PATRIMONIAL PROPERTY of the State.includes not only the first. public waters. cities or municipalities) are PATRIMONIAL PROPERTY .428 The owner has the right to enjoy and dispose of a thing. indicating that property for PUBLIC SERVICE are patrimonial. encumber as in lease. RIGHTS INCLUDED IN OWNERSHIP: 1. Cities and Municipalities) Art.all property belonging to private persons either individually or collectively and those belonging to the State and any of its political subdivisions which are patrimonial in nature. city streets. but also other lands of the government already reserved. Right to Consume -the use that extinguishes things which are consumable Right to Dispose/Alienate May be disposed: a. or for development of national wealth Examples: Incomes or rents of the State Vacant lands without known owner or possessor Property escheated to the State Property acquired in execution and tax sales Property donated to the government *Patrimonial Property MAY be acquired by private individuals or juridical persons through PRESCRIPTION.Jus Abutendi (consume thing by its use) 6. including its disposition and recovery subject only to the restrictions or limitations established by law and the rights of others. squares.equivalent to lands of the public domain and does not include by any means all lands of government ownership but only so much of said lands as are thrown open to private appropriation and settlement by homestead law and other general laws *GOVERNMENT LANDS ± broader term .ALL property OTHER THAN property for public use (provincial roads. they are NOT subject to alienation Patrimonial Property . partnerships and other juridical entities which are allowed under the law to acquire and possess property of all kinds OWNERSHIP IN GENERAL OWNERSHIP ± independent right of a person to the exclusive enjoyment and control of a thing. . but also to deliver as well as warrant the thing which is the object of the sale -shall be understood as delivered. Santos (4CLM) as has NOT been subjected to private right or devoted to public use .Jus Utendi (use and enjoy) 3. *Collective Ownership ± includes co-ownership and ownership by corporations. Conversion of Property of Public Dominion to Patrimonial Property Art.government owns real estate which is a part of the ³public lands´ and other real estate which is not a part thereof *NB: all natural resources belong to the State. Owner has also a right of action against the holder and possessor of the thing in order to recover it. without other limitations than those established by law. 422 Property of PUBLIC DOMINION.

POSSESSION LIES FROM THE TIME OF ENTRY *UNLAWFUL DETAINER ± landlord. *Injunction is NOT designed to protect contingent on future rights (its proper function is to maintain the status quo at the commencement of the action) *INJUNCTION CAN NOT BE A SUBSTITUTE FOR OTHER SUITS FOR RECOVERY OF POSSESSION (Accion Interdictal and Publiciana) Exception 1. 3. the writ of injunction may be issued to restrain the acts of trespass and illegal interference with his possession. Urgency. OR 2. within 10 days from the filing of the complaint.includes JUS UTENDI and JUS FRUENDI . Acts against which the injunction is to be directed are violative of the said right *a person entitled to recover possession of property from another who is in actual possession is ORDINARILY NOT ALLOWED to avail himself of the remedy of preliminary preventive or mandatory injunction BUT must bring the necessary action for the recovery of possession. strategy or stealth. he may avail of the equitable remedy of injunction to protect his possession). Possessor admittedly owner or in possession in concept of owner ± where the actual possessor of the property who is admittedly the owner (as proved by documentary evidence).action must be brought to the Municipal Trial Court within 1 YEAR after such unlawful deprivation or withholding of possession -issue resolved: PHYSICAL/MATERIAL POSSESSION or Possession de Facto (NOT juridical or civil possession or Possession de Jure) ACCION PUBLICIANA . ACCION INTERDICTAL B.BOTH to RECOVER POSSESSION and VINDICATE HIS OWNERSHIP Recovery of Personal Property REMEDY OF REPLEVIN (manual delivery of personal property) Requirements: 1. mortgaged or leased ± -may be constituted only by the absolute owner of the thing pledged (otherwise. Santos (4CLM) *Right NOT to dispose ± right to dispose includes right NOT to dispose *Duty of Vendor to Transfer Ownership ± seller must be able to transfer ownership and he must be the owner or at least authorized by the owner of the thing sold -seller need not be the owner at the time of the perfection of the contract of sale (sufficient that he be the owner at the time of DELIVERY of the thing sold) *ownership of property pledged. and his transferee can maintain either of those actions against the wrongdoer ACTIONS AVAILABLE TO RECOVER POSSESSION AND/OR OWNERSHIP Forms of actions depends on: 1. ACCION PUBLICIANA C.Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S.Whether the property is REAL or PERSONAL 2.State in an affidavit that he is the owner of the property claimed. threat. Actions for Forcible Entry ± dispossessed may file.He is entitled to the possession thereof and that it is ³wrongfully detained by the adverse party´ -both a form of PRINCIPAL remedy and PROVISIONAL remedy that would allow the detainee to retain the thing wrongfully detained by another pondente lite *need NOT be the holder of the legal title to the property (as to the applicant). sufficient that at the time he applied he is found to be entitled to the possession thereof *NB: Property validly in CUSTODIA LEGIS can not be the subject of a replevin suit Recovery of Real Property 3 kinds: A. a motion for a writ of preliminary mandatory injunction to restore him in possession 2.action must be brought to the Regional Trial Court within 30 YEARS without prejudice to what is established for the acquisition of ownership and other real rights by prescription *NB: ALL 3 actions are ACTIONS IN PERSONAM (real actions but not actions ³in rem´ or actions against the whole world) and binds only the parties and their privies or successors-in-interest INJUNCTION A juridical process whereby a person is required to do or refrain from doing a particular thing Requisites: 1. There must be an existing clear and positive right over the property in question which should be judicially protected through the writ. LATER ON BECAME ILLEGAL .Action must be brought to the Regional Trial Court within 10 YEARS -issue resolved: JURIDICAL/CIVIL POSSESSION or Possession de Jure ACCION REINVIDICATORIA . and 2. vendee or other person against whom the possession of any and or building is unlawfully withheld after expiration or termination of the right to hold possession. Possessor clearly not entitled to property ± when there is a clear finding of right of ownership and possession of a land in favor of the party who claims the subject property in possession of another as where the property is covered by a Torrens title pointing to such party as the disputed owner 4.Applicable for FE and UD when 1 year period has expired . ACCION REINVIDICATORIA ACCION INTERDICTAL Forcible Entry/ Unlawful Detainer *FORCIBLE ENTRY ± for a person deprived of the possession of any land or building by force. POSSESSION WAS FIRST LAWFUL. it is Void) -object of lease need not belong to the lessor.Whether the purpose of the action is MERELY TO RECOVER POSSESSION or OWNERSHIP 3. Expediency and Necessity require Immediate Possession ± material and irreparable injury will be done which can not be compensated by damages if the injunction sought is not granted Page 5 . provided he has the ENJOYMENT of the thing. intimidation. (If it turns out that the person in possession in the concept of owner for more than 1 year is not the owner.action to recover possession based on ownership . seeks protection from a repeated or further intrusions by a stranger.Plenary Action to recover possession . vendor. Right to Recover Possession/Ownership -owner has the right of action against the holder and possessor of the thing or right in order to recover it -right of action is a right which can be transferred by him.

Power of Taxation ± power of the State to impose charge or burden upon persons. 4. police power and power of eminent domain. speedy and adequate remedy LIMITATIONS ON THE RIGHT OF OWNERSHIP 1. such as voluntary easement. 2. public morals. Reasonable force (if not: liable for damages) c. Torren¶s title b. There must be actual (physical/material) possession of the property b. and 5. Interference is necessary b. Operating a business for 9 years in defendant¶s own name representing himself to the public to be the owner and the plaintiff never made any protest or objection f. 430 Every owner may enclose/fence his land or tenements (building) by means of walls.Law on Property Midterm Exam Reviewer (Introduction to Right of Accession) Danika S. ditches. Possession must be under claim of ownership if he fails to exercise the right. the owner must resort to judicial process d. Occupation of building for a long time by a party without paying rent g. either by contract or by last will. Self-Help Doctrine Owner may use force as may be reasonably necessary Requisites: a. Art. Damage to another much greater than damage to property Art 433 ± Actual possession under claim of ownership raises a disputable presumption of ownership True owner must resort to judicial process fo the recovery of the property Requisites to Raise Disputable Presumption of Ownership: a. mortgage. Person defending the property must be the owner/ lawful possessor b. Title from the Spanish government c. pledge and lease. public safety and general welfare and convenience of the people. Deed of Sale e. written or oral) a. compared to the damage arising to the owner from the interference is much greater Requisites: a. if delay has taken place. Those imposed in general by the State in the exercise of the power of taxation. live or dead hedges or by any other means without detriment to servitudes (right of way) constituted thereon. for the use and support of the government and to enable it to discharge its appropriate functions. and the plaintiff must rely on the strength of his title and not on the weakness of the defendant¶s claim preponderance of evidence needed Pieces of Evidence to Prove Ownership: (ownership may be shown by any evidence. Those imposed by the owner himself. he can not use force or violence to regain possession because no one is justified to take the law in his own hands Art 434 In an action to recover. the property must be identified. property or propriety rights. Santos (4CLM) and there is no plain. Actual threatened physical invasion/ usurpation Art. Adverse and exclusive possession and ownership of parcels of land for a long time attested not only by witness but also by declaration of properties. payment of taxes and a deed of mortgage executed by the possessor¶s predecessors-ininterest as owners of the property Page 6 . 431 The owner of a thing can not make use thereof in rd such manner as to injure the rights of a 3 person -based on the police power of the State Exception: owner of a thing makes use of it in a lawful manner Art 432 DOCTRINE OF STATE NECESSITY Exception to the rule that a person cannot interfere with the right of ownership of another States that µthe owner of a thing has no right to prohibit interference of another with the same if the interference is necessary to avert an imminent damage. 3. Patent duly registered in the Registry of Property by the grantee d. Letter in which defendant recognized the ownership of the property by the plaintiff h. No delay (exercised at the time of an actual/threatened dispossession OR immediately after dispossession to regain possession). Those imposed by law such as legal easement and the requirement of legitimate in succession. Those arising from conflicts of private rights such as those which take place in accession continua Police Power ± power of the State to enact such laws or regulations in relation to persons and property as may promote public health. Those imposed by the grantor of the property on the grantee.

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