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PROPERTY

PROPERTY  All things which are, or may be the object of appropriation  1. 2. 3. Requisites: (USA) utility substantivity or individuality appropriability a fixed place on a river, lake or coast; and 11. contracts for public works, and servitudes and other real rights over immovable property  Categories: (NIDA) 1. Real by nature – it cannot be carried from place to place (pars. 1 & 8, Art. 415, Civil Code) 2. Real by incorporation – attached to an immovable in a fixed manner to be an integral part thereof (pars. 1-3 Art. 415, Civil Code) 3. Real by destination – placed in a n immovable for the utility it gives to the activity carried thereon (pars. 4-7 and 9 Art. 415, Civil Code) 4. By analogy it is so classified by express provision of law (par. 10, Art. 415, Civil Code) B.MOVABLE PROPERTIES 1. those movables susceptible of appropriation which are not included in the preceding article; 2. real property which by any special provision of law is considered as personalty; 3. forces of nature which are brought under control of science; 4. in general, all things which can be transported from place to place without impairment of the real property to which they are fixed; 5. obligations and actions which have for their object movables or demandable sums; and 6. shares of stock of agricultural, commercial and industrial entities, although they have real estate. TESTS: a) By exclusion: movables are everything not included in Art. 415. b) By description: an object is movable if it possesses: 1) Ability to change location 2) Without substantial injury to the immovable to which it is attached. Important Doctrines/principles on immovable and movable properties: a) A Building is an immovable even if not erected by the owner of the land. The only criterion is union or incorporation with the soil. (Ladera vs. Hodges, 48 O.G. 4374). b) Parties to a contract may by agreement treat as

I. A. IMMOVABLE PROPERTIES 1. land, buildings, roads and constructions of all kinds adhered to the soil; 2. trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable; 3. everything attached to an immovable in a fixed manner in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; 4. statues, reliefs, paintings or other objects for use or ornamentation, 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; 5. machinery, receptacles, 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, and which tend directly to meet the needs of the said industry or works; Requisites: a. made by owner b. industry or works carried on building or on land c. machines, etc must tend directly to meet needs of the industry or works d. machines, etc. must be essential and principal elements of the industry. 6. animal houses, pigeon-houses, 7. beehives, fishponds or breeding places of similar nature, in case their owner has placed or preserved them, with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in those places are included; 8. fertilizer actually used on a piece of land; 9. mines, quarries and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; 10. docks and structures which, though floating, are intended by their nature and object to remain at

personal properties that which by nature would be real property; and it is a familiar phenomenon to see things classes as real property for purposes of taxation which on general principle might be considered personal property (Standard Oil Co. vs. Jaranillo, 44 Phil 631). c) For purposes of attachment and execution and for purposes of the Chattel Mortgage Law, ungathered products have the nature of personal property. (Sibal vs. Valdez, 50 Phil, 512). d) The human body, whether alive or dead, is neither real nor personal property, for it is not even property at all, in that it generally cannot be appropriated. Under certain conditions, the body of a person or parts thereof may be subject matter of a transaction. (See RA No. 349, RA No. 7170, RA No. 7719). e) What is the effect of temporary separation of movables from the immovables to which they have been attached? 2 Views: 1) They continue to be regarded as immovables. 2) Fact of separation determines the condition of the objects thus recovering their condition as movables. * the latter view is supported by Paras and Tolentino who maintains that the failure of the codifiers to reproduce the provision of the partidas on the matter is an indication that they did not intend the rule to continue. f) A building that is to be sold or mortgaged and which would be immediately demolished may be considered personal property and the sale or mortgage thereof would be a sale of chattel, or a chattel mortgage respectively, for the true object of the contract would be the materials. II. A. PROPERTY OF PUBLIC DOMINION  Concept: It is not owned by the state but pertains to the state, which, as territorial sovereign exercises certain juridical prerogatives over such property. The ownership of such properties is in the social group, whether national, provincial or municipal.  Purpose: To serve the citizens and not the state as a juridical person.  Kinds: 1. Those intended for public use 2. Those which are not for public use but intended for public service 3. Those intended for the development of the national wealth  CHARACTERISTICS: 1. Outside the commerce of man 2. Inalienable. But when no longer needed for public use or service, may be declared patrimonial property. In Laurel vs. Garcia (187 SCRA 797), the Supreme Court held that “whether or not the Roppongi and related properties will eventually be sold is a policy determination where both the President and Congress must concur”.

3. Cannot be acquired by prescription 4. Not subject to attachment or execution 5. Cannot be burdened with easements NOTE: They cannot be registered under the land registration law and be the subject of a Torrens title. The character of public property is not affected by possession or even a Torrens Title in favor of private persons. (Palanca vs. Commonwealth, 69 Phil. 449). B. PATRIMONIAL PROPERTY OF THE STATE  Property of the State owned by it in its private or proprietary capacity.  the state has the same rights over this kind of property as a private individual in relation to his own private property C. PROPERTY OF LOCAL GOVERNMENT UNITS (LGUs) 1. Property for public use – consist of roads, streets, squares, fountains, public waters, promenades and public works for public service paid for by the LGUs 2. Patrimonial Property – all other property possessed by LGUs without prejudice to provisions of special laws NOTE: In the case of Province of Zamboanga Del Norte vs. City of Zamboanga, the Supreme Court categorically stated that “this court is not inclined to hold that municipal property held and devoted to public service is in the same category as ordinary private property. The classification of municipal property devoted for distinctly governmental purposes as public should prevail over the Civil Code in this particular case”. Here, the Law of Municipal Corporations was considered as a special law in the context of Article 424 of the NCC. D. PROPERTY OF PRIVATE OWNERSHIP  refers to 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  Muebles or furniture generally has for its principal object the furnishing or ornamenting of a building. Note that there are exceptions to this definition and are generally not included as furniture unless the law or the individual’s declaration include them. OWNERSHIP  The right to enjoy, dispose, and recover a thing without further limitations than those established by law or the will of the owner.  Rights included: 1. Right to enjoy: (PUFA) a) to possess (jus possidendi) b) to use (jus utendi) c) to the fruits (jus fruendi) and accessions d) to abuse (jus abutendi) 2. Right to dispose: (DATE) a) to destroy b) to alienate c) to transform

It cannot be extinguished by non user but only by adverse possession. General – the right to make use of all the possibilities or utility of the thing owned. As to the necessity of demand No previous Demand is demand for the jurisdictional if the defendant to ground is nonvacate is payment of rentals necessary or failure to comply with the lease contract As to necessity of proof of prior physical possession Plaintiff must Plaintiff need not prove that he was have been in prior in prior physical physical possession possession of the premises until he was deprived thereof by the defendant As to when the 1 year period is counted from 1 year period is 1 year period is generally counted counted from the from the date of date of last actual entry on demand or last the land letter of demand GENERAL RULE: A person cannot interfere with the right of ownership of another. no delay in one’s exercise 4. Interference necessary 2. except those attached to other real rights existing thereon. The owner loses his property in favor of the state without any compensation. Forcible Entry Unlawful Detainer As to when possession became unlawful Possession of the Possession is defendant is inceptively lawful unlawful from the but becomes illegal beginning as he from the time acquires defendant possession by unlawfully Force. Personal property: Replevin  REPLEVIN . intimidation. fence and delimit b) to repel intrusions even with force  Characteristics: (EGEIP) 1.remedy when the complaint prays for the recovery of the possession of personal property. 2. ACCION INTERDICTAL  Nature: summary action to recover physical or material possession only. 2. Specific limitations imposed by law 3. withholds intimidation.  Limitations: 1. Right to vindicate: (RP) a) pursuit b) recovery 4. It consists of the summary actions of: 1. General limitations imposed by the State for its benefit 2. Perpetuity – ownership lasts as long as the thing exists. by virtue of any contract. There may be two or more owners but ONLY ONE ownership. Real Property: a. Ownership is Elastic – power/s may be reduced and thereafter automatically recovered upon the cessation of the limiting rights. Limitations imposed by the party transmitting the property either by contract or by will 4. Forcible entry  Action for recovery of material possession of real property when a person originally in possession was deprived thereof by force. reasonable force 2. threat the expiration or or stealth termination of his right thereto. Independence – It exists without necessity of any other right 5. 4. vendor. strategy. or other person against whom the possession of the same was unlawfully withheld after the expiration or termination of the right to hold possession. EXCEPTION: Doctrine of Incomplete Privilege or State of Necessity (Article 432)  Requisites: (ID) 1. 3. Limitations imposed by the owner himself 5. Right to exclude: (ER) a) to enclose. Damage to another much greater than damage to property b. threat or stealth 2. vendee. ACCION PUBLICIANA . Unlawful Detainer  Action for recovery of possession of any land or building by landlord.  Requisites: (RONA) 1. owner or lawful possessor is the person who will exercise 3. Principle of Self-Help  right of the owner or lawful possessor to exclude any person from the enjoyment and disposal of the property by the use of such force as may be necessary to repel or prevent actual or threatened unlawful physical invasion or usurpation of his property. Inherent limitations arising from conflict with other rights De Facto case of Eminent Domain  expropriation resulting from the actions of nature as in one case where land becomes part of one sea. actual or threatened physical invasion or usurpation LEGAL REMEDIES TO RECOVER POSSESSION OF ONE’S PROPERTY 1.d) to encumber 3. Exclusive – there can only be one ownership over a thing at a time. possession after strategy.

Hilario. 27 Phil 387) d) Article 448 does not apply to cases which are governed by other provisions of law such as coownership. Inc. ACCION REIVINDICATORIA  Nature: action to recover real property based on ownership. accession natural  alluvium.  Requisites: 1. The finding was made by chance. Accession Discreta – the right pertaining to the owner of a thing over everything produced thereby Kinds of Fruits a. civil fruits – rents of buildings. EXCEPTIONS: The finder is entitled to ½ provided: 1. ( Coleongco vs. HIDDEN TREASURE  Definition: any hidden or unknown deposit of money. 6. 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. a. 6. 5.  Classifications: 1. c. GENERAL RULE: It belongs to the owner of the land. by external forces. 4. planting or sowing ii. price of leases or lands and the amount of perpetual or life annuities or other similar income GENERAL RULE: To the owner belongs the natural. commixtion or confusion iii specification Basic Principles: (GONE BAD) 1. Bad faith involves liability for damages. either naturally or artificially. 7. the lawful ownership of which does not appear. 2. industrial fruits – those produced by lands of any kind through cultivation or labor c. 3. Regalado. Accession Continua – the right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially. The involved is not possession de facto but possession de jure. except in cases of forcible entry and unlawful detainer. Accessory follows the principal. 106 Phil. not the building. With respect to personal property i. 76 Phil. natural fruits – spontaneous products of the soil and the young and other products of animals b. lease. Plaintiff’s title to the property Surface Rights  The owner of parcel of land is the owner of its surface and everything under it. or of the state or any of its political subdivisions. and formation of islands b. the other party fails to pay for said land. avulsion. 5. Accession exists only if the incorporation is such that separation would either seriously damage the thing or diminish its value. EXCEPTIONS: If the thing is: (PULA) a) in possession of a possessor in good faith. the owner of the land does not automatically become the owner of the improvement. The finder is not a co-owner of the property where it is found. adjunction or conjuction ii. e) The provision on indemnity in Art. the object is the recovery of the dominion over the property as owner. Discovery was made on the property of another. The finder is not a trespasser. He who is in good faith may be held responsible but will not be penalized. 2. after having chosen to sell the land. ( Filipinas Colleges. Right of Accession with respect to Immovable Property NOTE: See TABLES  Important Doctrines/Principles: a) Under Art 448. Bad faith of one party neutralizes the bad faith of the other. c) leased or pledged. Nature: Ordinary civil proceeding to recover the better right of possession. Here. building or other property on which it is found. accession industrial  building.  The economic utility which such space or subsoil offers to the owner of the surface sets the limit of the owner’s right to the same. To the owner of a thing belongs the extension or increase of such thing. 247) c) Article 448 is not applicable where a person constructs a house on his own land and then sells the land. The finder is not married under the absolute community or the conjugal partnership system (otherwise his share belongs to the community). Identity of the Property 2. change of river course. the landowner may not refuse both to pay for the building and to sell the land and instead seek to compel the owner of the building to remove the building from the land. industrial. and civil fruits. There should be no unjust enrichment at the expense of others. b) subject to a usufruct. 4. or d) in possession of an antichretic creditor 2. 605) b) Should no other arrangement be agreed upon. jewelry or other precious objects. With respect to real property i. 448 may be applied by analogy considering that the primary intent of the law is to avoid a state of forced coownership especially where the parties in the . agency. Timbang. (Ignacio vs. He is entitled to such removal ONLY when. vs. 3. The finder is not an agent of the landowner. usufruct.

belongs to the owner from whose property it was detached 4. sudden or abrupt process 2. ACCESSION NATURAL 1. b) The segregation and transfer must be sudden or abrupt c) The portion of land transported must be known or identified NOTES:  The owner must remove the transported portion within two years to retain ownership  In case of uprooted trees. separation may be demanded. the owner retains ownership of the isolated piece of land.  It does not apply to cases where the river simply dries up because there are no persons whose lands are occupied by the waters of the river. However. No positive act is needed on their part.main agree that Articles 448 and 546 are applicable and indemnity for the improvements may be paid although they differ as to the basis of the indemnity. the owner retains ownership if he makes a claim within 6 months. Formation of Islands  RULES ON OWNERSHIP a.State 2) outside territorial waters – to the first occupant b. as it is subject thereto ipso jure from the moment the mode of acquisition becomes evident. 4. the owners of the invaded land become owners of the abandoned bed to the extent provided by this article. NOTE: There is no accession when islands are formed by the branching of a river. Otherwise.to the reparian owners. gradual and imperceptible 2.  Requisites a) the two things must belong to different owners . the additional area is not covered by a Torrens title and the riparian owner must register the additional area. If formed in lakes. detachment followed by attachment 3. Tuason 5 Phil. (Pecson vs.State c. Right of Accession with respect to movable property  Basic Principle: Accession exists only if separation is not feasible. it belongs to the state b) A gradual change of bed is also governed by the rules of alluvium (Canas vs. belongs to the owner of the property to which it is attached 4. Alluvium 1. by halves. Avulsion – the transfer of a known portion of land from one tenement to another by the force of the current. Adjunction  the union of two things belonging to different owners. thereby forming a single object. If formed by the sea: 1) within territorial waters . (Payatas vs. in such a manner that they cannot be separated without injury. This refers only to uprooted trees and does not include trees which remain planted on a known portion of land carried by the force of the waters. CA 244 SCRA 407). identifiable and verifiable 3. Tuazon). Alluvion or alluvium – increment which lands abutting rivers gradually receive as a result of the current of the waters. Change of course of rivers  Requisites: a) There must be a natural change in the course of the waters of the river b) The change must be abrupt or sudden NOTES:  Once the river bed has been abandoned. the original identity of the deposit being lost. If formed on non-navigable or non-floatable rivers: 1) if nearer to one margin or bank – to the nearer reparian owner 2) if equidistant from both banks. the trees are regarded as accessions of the land through gradual changes in the course of adjoining stream.  Concept: it is the gradual deposit of sediment by the natural action of a current of fresh water (not sea water. 689) 2.  Doctrines: a) Where the deposit is by sea water.  Accretion operates ipso jure. The portion of land must be such that it can be identified as coming from a definite tenement.  Requisites: a) the deposit be gradual and imperceptible b) that it be made through the effects of the current of the water c) that the land where accretion takes place is adjacent to the banks of the river. Tuazon)  Registration under the Torrens system does not protect the riparian owner against diminution of the area of his land through gradual changes in the course of adjoining stream ( Payatas vs. NOTES:  The owners of the lands adjoining the banks of the river (riparian lands) shall own the accretion which they gradually receive. In this latter case. soil cannot be identified 3. merely an attach-ment Avulsion 1.  KINDS (accession continua as to movables): 1. creek or torrent.  Requisites: a) The segregation and transfer must be caused by the current of a river. or navigable or floatable rivers .

and is prejudicial to the plaintiff’s title. separation without injury b. such cloud must be due to some instrument.  Labor is the principal  Rules: a) Owner of the principal (worker) in good faith: i) maker acquires the new thing ii) he must indemnify the owner of the material : if the material is more valuable than the resulting thing. 2. pintura or painting e. the “rule of importance and purpose b. Involves at least 2 things Mixture Involves at least 2 things Specification May involve one thing (or more) but form is changed Accessory follows the principal The new object retains or preserves the nature of the original object. plaintiff must return to the defendant all benefits he may have received from the latter. tejido or weaving  Tests to determine principal: a. Accessory follows the principal 3. accessory is more precious than the principal c. Things joined retain their nature Coownership results Things mixed or confused may either retain or lose their respective natures QUIETING OF TITLE  It is an equitable action in rem to determine the condition of the ownership or the rights to immovable property. voidable or unenforceable. or reimburse him for expenses that may have redounded to his benefit. claim. 2. that of greater merits  Rules: a) Adjunction in good faith by either owner: : accessory follows the principal. Specification  It is the transformation of another’s material by the application of labor. The material becomes a thing of different kind.that they form a single object. inclusion or engraftment b. Mixture  Union of materials where the components lose their identity. escritura or writing d. if the accessory is much more precious than the principal. encumbrance or proceeding which is apparently valid but is in truth invalid.  Prescriptive Period: 1. plaintiff not in possession – 10 (ordinary) or 30 years (extraordinary) Action to quiet title Action to remove a cloud on title PURPOSE to put an end to to remove a troublesome possible foundation litigation in for a future hostile respect to the claim property involved NATURE OF THE ACTION remedial action Preventive action involving a present to prevent a future adverse claim cloud on the title .  Requisites: 1. record. and 4. or interest in the real property which is the subject matter of the action. soldadura or soldering c. plaintiff must have a legal or equitable title to. By the will of both owners or by accident: each owner acquires an interest in proportion to the value of his material b. that of greater volume d. indemnifying for the labor. or 2) to demand indemnity for the material b) owner of the principal (worker) in bad faith: the owner of the material has the option: i) to acquire the result without indemnity ii) to demand indemnity for the material plus damages c) Owner of the material in bad faith i) he loses the material ii) he is liable for damages Adjunction 1. Commixtion – mixture of solids b. 3. that of greater value c. ineffective. Confusion – mixture of liquids  Rules: a.  Kinds: a. and remove doubts thereon. there must be a cloud in such title. the owner of the accessory may demand the separation even if the principal suffers some injury b) Adjunction in bad faith by the owner of the principal  option of the owner of the accessory: i) to recover the value plus damages ii) to demand separation plus damages c) Adjunction in bad faith by the owner of the accessory i) he loses the accessory ii) he is liable for damages  When separation of things allowed: a. plaintiff in possession – imprescriptible 2. the owner of the material has the option: b) 1) to acquire the work. owner of the principal acted in bad faith 2. By one owner in good faith: apply rule(a) c. By one owner in bad faith: i) he loses all his rights to his own material ii) he is liable for damages 3. or that their separation would impair their nature  Kinds: a.

by special legal provisions. A partner can generally bind the partnership 6. d) Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice. Purpose is collective enjoyment of the thing 4. Law 2. A co-ownership is not dissolved by the death or incapacity of a co-owner 8. However. and in default of such provisions. otherwise. A partner. Death or incapacity dissolves the partnership 8. Chance  Rules: 1. the authorities shall order its demolition at the expense of the owner. Purpose is to obtain profits 4. unless authorized cannot dispose of his share and substitute another as a partner in his place 5. Succession 6. There may be agreement as to a definite term without limit set by law  Characteristics: a) plurality of subjects (the co-owners) b) there is a single object which is not materially divided c) there is no mutual representation by the coowners d) it exist for the common enjoyment of the coowners e) it has no distinct legal personality f) it is governed first of all by the contract of the parties. Contract 3. Distribution of profits is subject to the stipulation of the parties 7. EXCEPT: i) if made in a legal proceeding ii) if it is being asserted that the instrument or entry in plaintiff’s favor is not what it purports to be c) to boundary disputes d) to deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff e) to instruments invalid on their face f) where the validity of the instrument involves pure questions of law Ruinous Buildings and Trees in Danger of Falling:  As to buildings – the owners is obliged to demolish or execute necessary work to prevent the building from falling. Occupation 5. May be made in any form except when real property is contributed 9. or take measures to insure public safety. An agreement to keep the thing undivided for a period of more than 10 years is void Partnership 1. then the builder is responsible for the damages. Co-owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co-owner 5. Has juridical personality distinct from the partners 3. . NOTE: Any stipulation to the contrary is void. Has no juridical or legal personality 3. Can be created without the formalities of a contract 2. 4. Can be created only by contract. Should he fail to do so. CO-OWNERSHIP  Definition: the right of common dominion which two or more persons have in a spiritual part of a thing which is not physically divided. There is no mutual representation 6. Rights of each co-owner as to the thing owned in common: USBRAP-LDP a) To use the thing owned in common  Limitations: i) use according to the purpose for which it was intended ii) interest of the co-ownership must not be prejudiced iii) other co-owners must not be prevented from using it according to their own rights b) To share in the benefits and charges in proportion to the interest of each. The action to quiet title does not apply: a) to questions involving interpretation of documents b) to mere written or oral assertions of claims. or must have to pass by necessity in the immediate vicinity. no public instrument needed even if real property is the object of the co-ownership 9. if the damage is caused by defects in the construction. Distribution of profits must be proportional to the respective interests of the co-owners 7.  The owner is responsible for damages to others due to lack of necessary repairs. Testamentary disposition or donation inter vivos Co-ownership 1.  The complainant must show that his property is adjacent to the dangerous construction.  Concept: co-ownership exists where the ownership of a thing physically undivided pertains to more than one person. express or implied 2. c) To the benefits of prescription: prescription by one co-owner benefits all. by the provisions of Title III on co-ownership  Sources: 1.

loss or destruction of property co-owned 4. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital stock of which belong to Filipino citizens. dispose or encumber d) Right to renounce part of his interest to reimburse necessary expenses incurred by another co-owner e) Transactions entered into by each co-owner only affect his ideal share. 2. acquisitive prescription in favor of a third person or a co-owner who repudiates the co-ownership 3. that it is obsolete and uneconomic. even if beneficial. in a proper case. sale of property co-owned 5. When damage or destruction has rendered ½ or more of the units untenantable and that the condominium owners holding more than 30% interest in the common areas are opposed to restoration of the projects. however.NOTE: The co-owner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. When the project or a material part thereof has been condemned or expropriated and the project is no longer viable.  Any transfer or conveyance of a unit or an apartment. The following questions are governed by the majority of interests: a) Management  Minority may appeal to the court against the majority’s decision if the same is seriously prejudicial. industrial or commercial building and an undivided interest in common. EXCEPT when personal rights are involved c) Right to alienate. remodeling or modernizing. 4. NO. that where the common areas in the condominium project are held by the owners of separate units as co-owners thereof. Rights as to the ideal share of each co-owner: a) Each has full ownership of his part and of his share of the fruits and benefits b) Right to substitute another person its enjoyment. The value of the property at the time of the renunciation will be the basis of the portion to be renounced. b) Enjoyment c) Improvement or embellishment 3. directly or indirectly. expropriation 7. 2) When the condition of indivision is imposed by the donor or testator. EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. shall include transfer or conveyance of the undivided interest in the common areas or. EXCEPTIONS: 1) When there is a stipulation against it. 3) When the legal nature of the community prevents partition.A. e) Alterations: to oppose alterations made without the consent of all. 4726) CONDOMINIUM  an interest in real property consisting of a separate interest in a unit in a residential. 3. 4) When partition would render the thing unserviceable. termination of period agreed upon by the coowners 6. NOTES:  Alteration is an act by virtue of which a coowner changes the thing from the state in which the others believe it should remain. GENERAL RULE: Common areas shall remain undivided. and there shall be no judicial partition thereof: EXCEPTIONS: 1. or that the condominium owners holding in aggregate more than 70% interest in the common areas are opposed to the . but not to exceed 20 years. office or store or other space therein. When the project has been in existence for more than 50 years. in the land on which it is located and in other common areas of the building. 5) When partition is prohibited by law 6) When another co-owner has possessed the property as exclusive owner for a period sufficient to acquire it by prescription. 2. but not to exceed 10 years. When the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction 3 years after damage or destruction which rendered a material part thereof unfit for use.  Expenses to improve or embellish are decided by the majority f) To protest against seriously prejudicial decisions of the majority g) Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another co-owner to a stranger h) To defend the co-ownership’s interest in court i) To demand partition at any time  Partition is the division between 2 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 GENERAL RULE: Partition is demandable by any of the co-owners as a matter of right at any time. judicial or extra-judicial partition CONDOMINIUM ACT (R. or withdraws it from the use to which they desire it to be intended. consolidation or merger in one co-owner 2. except in cases of hereditary succession. and the condominium owners holding in aggregate more than 50% interest in the common areas are opposed to restoration. the membership or shareholdings in the condominium corporation: provided.

This interruption of good faith may take place at the date of summons or that of the answer if the date of summons does not appear. or taking deliberate intention to possess by virtue of ones own right  Only personal knowledge of the flaw in one’s title or mode of acquisition can make him a possessor in bad faith. 2. 2. Res communes Property of public dominion Discontinuous servitudes Non-apparent servitudes Degrees: possession without any title whatsoever possession with juridical title possession with just title sufficient to transfer ownership 4. Vice or defect in the title 3. 3. to owner b. It is not transmissible even to an heir. and in the meantime. NOTES: Acquisition of possession:  Manner 1.  1.  Object of possession: All things and rights susceptible of being appropriated 1. possessor acknowledges in another a superior right which he believes to be ownership. is considered or is believed by other people as the owner. excusable ignorance may be such basis. the ownership pertaining to another person. e) In good faith – possessor is not aware that there is in his title or mode of acquisition a defect that invalidates it  Requisites: 1. the thing shall be placed in judicial deposit Subject a. possession with a title in fee simple  Classes: a) In one’s own name – where possessor claims the thing for himself b) In the name of another – for whom the thing is held by the possessor c) In the concept of owner – possessor of the thing or right . NOTE: None of these holders assert a claim of ownership in himself over the thing but they may be considered as possessors in the concept of owner. the one with a title 4. 502 [1] and 502 [2]) b) Waters public or private according to their bed (water is accessory to bed) c) Waters public by special provision POSSESSION  Concept: the material holding or control of a thing or the enjoyment of a right. or under claim of ownership. 3. 2. reimbursed to possessor . if there are two possessors. Requisites: occupancy. with respect to the right they respectively exercise over the thing. to possessor b. Ostensible title or mode of acquisition 2. However. Conflicts between several claimants: Possession cannot be recognized in two different personalities except in case of copossession when there is no conflict  Criteria in case of dispute: 1. 3. by his actions. of extension of possession of real property to all movables contained therein  1. the fact of possession shall be judicially determined. not reimbursed to possessor Possessor in bad faith a. Subjection to the action of our will 3. When conditions for partition by sale set forth in the declaration of restrictions duly registered have been met. Fruits gathered b. but possible. if all the above are equal. Presumptions in favor of possessor: of good faith of continuity of initial good faith of enjoyment in the same character in which possession was acquired until the contrary is proved 4. if the dates of possession are the same. the bed follows the character of the water (See Arts. WATERS  Classification a) Waters public per se (water is the principal. present/actual possessor shall be preferred 2. the one longer in possession 3. Cultivation Expenses of gathered Possessor in good faith a. (Kasilag vs Roque. Possessor is ignorant of the vice or defect and must have an honest belief that the thing belongs to him NOTE: Gross and inexcusable ignorance of the law may not be the basis of good faith. 4.  1. 2.continuation of the condominium regime. 5. apprehension. Material occupancy of the thing 2. Proper acts and legal formalities established for acquiring such right. 3. there is a contrary view that the date of summons may be insufficient to convince the possessor that his title is defective.  Possession in good faith ceases from the moment defects in his title are made known to the possessor. 69 PHIL 217) f) In bad faith – possessor is aware of the invalidating defect in his own title. of non-interruption in favor of the present possessor 5. of continuous possession by the one who recovers possession of which he was wrongfully deprived 6. regardless of the good or bad faith of the possessor d) In the concept of holder – possessor holds it merely to keep or enjoy it.

to owner or lawful possessor k. To derive all advantages from the thing due to normal exploitation d. Production expenses of pending fruits c. prorated according to time d. Ornamental expenses h. taxes and charges i. after summons k. he cannot recover it from the possessor c) The owner may recover the movable in case of loss or involuntary deprivation. without reimbursement. unless the title constituting it or the law otherwise provides. on capital ii. liable in every case iii. transmissible Usufructuary is bound to preserve the form and substance of the thing in usufruct. reimbursed to possessor. removal if no injury. By the will of the possessor a) Abandonment b) Transfer or conveyance 2. to owner i. to owner to time or nature possessor d. owner’s option: i. charged to possessor iii. cost without removal h. Useful expenses g.  Requisites: a) possession is in good faith b) the owner has voluntarily parted with the possession of the thing c) possessor is in the concept of owner One who has lost or has been unlawfully deprived of it . e. no reimbursement j.. only if acting with fraudulent intent or negligence. retention c. or bad faith of the possessor b) Where the owner acts negligently or voluntarily parts with the thing owned. ordinarily. no indemnity Possession of movables  Possession of movables in good faith is equivalent to title. Necessary expenses f. by allowing full cultivation and gathering of all fruits e. no reimbursem ent g. or ii. charged to owner ii. Against the will of the possessor a) Eminent domain b) Acquisitive prescription c) Judicial decree in favor of better right d) Possession of another for more than one year NOTE: this refers to possession de facto where the possessor loses the right to a summary action. but must reimburse the price paid if possessor acquired the thing in good faith and at a public sale. Improvements no longer existing j. may be constituted on real or personal property. Liability for accidental loss or deteriorati on i. may recover it from whomsoever possesses it. Improvements due k. withdrawal from commerce USUFRUCT  gives a right to enjoy the property of another with the obligation of preserving its form and substance. initial cost ii. fruits on f.  Characteristics: a. charges i. taxes and charges i.fruits c. prorated e. charged to owner iii. Fruits pending and charges d. removal. value at time of recovery h. or ii. the ownership of which is vested in another e. reimbursed to possessor (owner’s option) i. in money. consumable or non-consumable. no reimbursement j. no retention f. destruction or total loss of the things ii. indemnity pro rata to possessor (owner’s option) i. tangible or intangible. Loss of possession: 1. Real right b. and no damage is caused to the principal by the removal g. plus value  may remove if no reimbursement. but he may still bring action publiciana or reivindicatoria e) By reason of the object i. charged to owner ii.  Doctrines: a) owner of the thing must prove (1) ownership of the thing and (2) loss or unlawful deprivation. owner lawful to or . Of temporary duration c. or ii. Taxes and charges i. reimbursed to possessor. reimbursement at owner’s option: i.

retention of the property as administrator 2. Usufruct 1. To mortgage the right of usufruct except parental usufruct b. 600) g) over the entire patrimony (Art. files a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security.Lessee is not generally under obligation to undertake repairs or pay taxes Special Usufructs a) of pension or income (Art 570) b) of property owned in common (Art. Right to set-off the improvements he may have made on the property against any damage to the same g. or investment of money. 2. sale of movables. To the half of the hidden treasure he accidentally finds d. by will of the testator. To alienate the usufruct Obligations of the usufructuary: 1.Lease generally refers to uses only 5. Involves a more or less passive owner who allows the usufructuary to enjoy the object given in usufruct 6. EXCEPT 1) when no prejudice would result 2) when the usufruct is reserved by the donor or parents 3) in cases of caucion juratoria where the usufructuary. 3. To pay for court expenses and costs regarding usufruct. To retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital h. To permit works and improvements by the naked owner not prejudicial to the usufruct f. and damages caused to him. 575-576) e) on a right of action (Art. To enjoy any increase through accessions and servitudes c. To notify the owner of any prejudicial act committed by third persons k. receivership of realty. As to the thing and its fruits a. To make an inventory of the property b. To secure the naked owner’s or court’s approval to collect credits in certain cases j. May be created by law. for the same or shorter period as the usufruct. Person creating the usufruct should be the owner or his duly authorized agent 3. At the termination of the usufruct: i. the net product shall be delivered to the usufructuary 3. To lease the thing. To improve the thing without altering its form and substance f. 582) c) of cattle (livestock) (Art. Always a real right 2. 573) i) of consumable property (Art 574) Rights of the Usufructuary 1. As a rule.Generally a personal right 2. usufructuary cannot collect credits due or make investments of the capital without the consent of the owner or of the court until the bond is given. To take care of the property b.  takes an oath to take care of the things and restore them  property cannot be alienated or encumbered or leased because this would mean that the usufructuary does not need it. 3. by contract. deposit of securities. 591) d) on vineyards and woodlands (Art. To make ordinary repairs d. owner shall have the following options: a.Abnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing. Lessor may not be the owner To remove improvements made by him if the same will not injure the property 2. or by prescription 4. As to the usufruct itself a. being unable to file the required bond or security. Lease involves a more active owner or lessor who makes the lessee to enjoy 6. To notify the owner of urgent extra-ordinary repairs e. 598) h) over things which gradually deteriorate (Art. . 578) f) on mortgaged property (Art. To collect reimbursements from the owner for indispensable extraordinary repairs. To pay annual taxes and charges on the fruits g. usufruct covers all the fruits and all the uses and benefits of the entire property 5. To pay interest on taxes on capital paid by the naked owner h. Before exercising the usufruct: a. To replace with the young thereof animals that die or are lost in certain cases when the usufruct is constituted on flock or herd of livestock c. Pays for ordinary repairs and taxes on the fruits Lease 1. To give a bond. To receive and benefit from the fruits b. NOTE: Effects of failure to post bond: 1. e.Generally created by contract 4. To pay debts when the usufruct is constituted on the whole patrimony i. generally. During the usufruct: a. OR b. taxes on the capital he advanced.

or may be. never on one’s own property c) It involves two neighboring estates (in case of real easements) d) It is inseparable from the estate to which it is attached. Not extinguished by the death of the dominant owner Usufruct May involve either real or personal property Includes all the uses and the fruits of the property Involves a right of possession in an immovable or immovable Extinguished by the death of the usufructuary  Modes of Acquisition: (PDFAT) 1. Imposed only on real property 2.a. by apparent sign established by the owner of two adjoining estates 5. Renunciation of the usufructuary 7.  Concept: it is a real right. Death of the usufructuary. To exercise all the rights necessary for the use of the easement 2. by final judgment 4. incessant without the intervention of any act of man b) Discontinuous Easements – those which are used at intervals and depend upon the acts of man 2. unless contrary intention appears 5. To make on the servient estate all the works necessary for the use and preservation of the servitude 3. by prescription of 10 years (continuous and apparent easements) 2. Expiration of the period or fulfillment of the resolutory condition 6. and. by title Dominant Owner  Rights 1. by deed of recognition 3. Merger of the usufruct and ownership in the same person EASEMENT OR SERVITUDE  Encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner. without possession g) It cannot consist in the doing of an act unless the act is accessory in relation to a real easement h) It is a limitation on the servient owner’s rights of ownership for the benefit of the dominant owner. To indemnify the owner for any losses due to his negligence or of his transferees Extinguishment of Usufruct: (PT2DERM) 1. therefore. it is not presumed  Classification: 1. whether registered or not Lease Real right only when it is registered. To pay legal interest on the amount spent by the owner for extraordinary repairs or taxes on the capital c. by virtue of which the owner of the latter has to refrain from doing or must allow something to be done on his property. therefore. Total loss of the thing 4. There is a limited right to the use of real property of another but without the right of possession Easement 1. and. cannot be alienated independently of the estate e) It is indivisible for it is not affected by the division of the estate between two or more persons f) It is a right limited by the needs of the dominant owner or estate. These are called servitudes of intrusion and or/service” b) Negative – the servient owner must refrain from doing something which he could lawfully do if the easement did not exist Easement 1. Prescription 2. for the benefit of another person or tenement. Termination of right of the person constituting the usufruct 3. To return the thing in usufruct to the owner unless there is a right of retention b. A non-possessory right over an immovable 4.  Characteristics: a) It is a real right but will affect third persons only when duly registered b) It is enjoyed over another immovable. As to the indication of their existence: a) Apparent Easements – those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same b) Non-apparent Easements – those which show no external indication of their existence 3. constituted on the corporeal immovable property of another. Limited to particular or specific use of the servient estate 3. or when its subject matter is real property and the duration exceeds one year May involve either real or personal Limited right to both the possession and use of another’s property 2. Imposed only on real property 3. Real right. As to its exercise: a) Continuous Easements – those the use of which is. As to duty of servient owner a) Positive – the servient owner must allow something to be done in his property or do it himself. To renounce the easement if he desires to exempt himself from contribution to .

Payment of proper indemnity  it is the needs of the dominant property which ultimately determine the width of the passage. No limitation as to use of the party wall for exclusive benefit of a party . Permanent Impossibility to use the easement 6. PARTY WALL  a common wall which separates 2 estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts. unless there is agreement to the contrary 3. Right of way must be absolutely necessary 4. or joining the dominant tenement to another with exit on a public road. 195 SCRA 72). NOTE: the extinction in NOT automatic. unless there is an agreement to the contrary Extinguishment of Easements: (REMAIN BREW) 1. i. Redemption agreed upon 2. and these needs may vary from time to time (Encarnacion vs.e. To change the place or manner of the easement. discontinuous: counted from the day they ceased to be used b.  Special cause of extinction: the opening of a public road. CA. Resolution of the right to create the servitude. Expiration of the term or fulfillment of the resolutory condition 3. in case of pacto de retro. Non-user for 10 years a. Merger of ownership of the dominant and servient estate 4. Shares of parties cannot be physically segregated but they can be physically identified Co-ownership Shares of the coowners can be divided and separated physically but before such division. There must be a demand for extinction coupled with tender of indemnity by the servient owner.when either or both estates fall into such a condition that the easement could not be used 8. Annulment of the title to the servitude 5.necessary expenses 4. when the property is redeemed 9. Cannot render the easement or render it more burdensome 2. To retain ownership and possession of the servient estate 2. Claimant must be an owner of enclosed immovable or one with real right 2. To ask for mandatory injunction to prevent impairment of his use of the easement  Obligations: 1. Cannot impair the use of the easement 2. Waiver by the dominant owner EASEMENT FOR WATERING CATTLE  This is really a combined easement for drawing of water and right of way  Requisites: a) must be imposed for reasons of public use b) must be in favor of a town or village c) indemnity must be paid EASEMENT OF AQUEDUCT  The right arising from a forced easement by virtue of which the owner of an estate who desires to avail himself of water for the use of said estate may make such waters pass through the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow. Notify the servient owner of works necessary for the use and preservation of the servitude 3. Party Wall 1. provided it be equally convenient  Obligations: 1.  Character: apparent and continuous  Requisites: a) dominant owner must prove that he has the capacity to dispose of the water b) that the water is sufficient for the intended use c) that the course is most convenient. There must be no adequate outlet to a public highway 3. a co-owner cannot point to any definite portion of the property as belonging to him None of the coowners may use the community property for his 2. Bad condition . To make use of the easement. continuous: counted from the day an act adverse to the exercise takes place 7. and least onerous to the 3rd person d) payment of indemnity RIGHT OF WAY  The right granted to the owner of an estate which is surrounded by other estates belonging to other persons and without an adequate outlet to a public highway to demand that he be allowed a passageway throughout such neighboring estates after payment of proper indemnity  Requisites: 1. Isolation must not be due to the claimant’s own act 5. Expropriation of the servient estate 10. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner 4. Contribute to the necessary expenses if there are several dominant estates Servient Owner  Rights: 1. Contribute to the necessary expenses in case he uses the easement. Easement must be established at the point least prejudicial to the servient estate 6.

to make use of the wall in proportion to their respective interests. negative – counted from the formal prohibition on the servient owner. block the light by building or erecting his own wall unless a servitude is acquired by title or prescription c.  Presumptions of existence (juris tantum): 1. ask for the reduction of the opening to the proper size Restrictions as to views 1. to enjoy the view . in adjoining walls of buildings. title 2. Easement of view (jus prospectus) – the right to make openings or windows. by contrary proof: 3. up to common elevation 2. Direct views: the distance of 2 METERS between the wall and the boundary must be observed 2. for the owner of the dominant estate b. Annoys or offends the senses. Easement of Light (jus luminum) . in dividing walls of gardens and yards (urban) 3. paying a proportionate share in the cost of the work and of the land covered by the increase  Obligations of each part-owners: 1. opening must not be greater than 30 centimeters squared. NUISANCE  Any act. to contribute proportionately to the repair and maintenance unless he renounces his part-ownership 2.  The owner possessing capacity to encumber property may constitute voluntary servitude. positive – counted from the time of the opening of the window. (30 cm each side) 2. business or condition of property or anything else which: (ISAHO) 1. Owner may free himself from contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto exclusive benefit Partial renunciation is allowed through the estate of another and the power to prevent all constructions or work which would obstruct such view or make the same difficult. personal servitudes: for anyone capacitated to accept. to increase the height of the wall a. in dividing fences. 660 & 661) NOTE: if the signs are contradictory. Shocks. if the owner ratifies it. by title 2. establishment. 21 Phil 132) 3. at his expense b.right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. the abutting owner may: a. made on the ceiling or on the wall. ALL must consent. bear the cost of maintenance of the additions b. if it is through a party wall b. bear the cost of construction d. if one part owner raises the height of the wall.3. Santamaria. it cannot exceed 1 foot sq. Modes of acquisition 1. by signs contrary to the existence of the servitude (Arts. defies or disregards decency or morality. bear the increased expenses of preservation c. if necessary. NOTE: mere non-observance of distances prescribed by Art. there must be an iron grating 2. 670 without formal prohibition. upon payment of proper indemnity c. It necessarily includes easement of light Restrictions on openings in one’s own wall when contiguous (less than 2m) to another’s tenement: 1. predial servitudes: a. Injures/endangers the health or safety of others. they cancel each other  Rights of part owners: 1. resting buildings on it or inserting beams up to one-half of the wall’s thickness 2. 2. 2. Oblique views: (walls perpendicular or at an angle to the boundary line) must not be less than 60cm from the boundary line to the nearest edge of the window NOTE: Any stipulation permitting lesser distances is void. omission.  Requisites: a. walls and live hedges of rural tenements 4. to acquire half interest in any increase of thickness or height. but consent once given is not revocable  Voluntary easements are established in favor of: 1. If there are various owners. in ditches or drains between tenements  Rebuttal of presumption: 1. by prescription a. to thicken the wall LIGHT AND VIEW 1. he must: a. near the ceiling (Choco vs. give additional land. and b. does not give rise to prescription VOLUNTARY EASEMENTS  Constituted by the will of the parties or of a testator. 3. openings must be at the height of the joists. close the openings if the wall becomes a party wall b. for any other person having any juridical relation with the dominant estate.

finding of movables which do not have an owner 3. Tradition 4. there must be seizure of a thing 2. Condition of being without known owner 2. hunting and fishing 2. prior demand. nuisance must be specially injurious to the person affected. even if the child is technically a trespasser in the premises. Extrajudicial Abatement Extrajudicial Abatement  Requisites: 1. 4. Possession in the concept of owner 7. 5. with the intention of acquiring them. location. Prosecution under the RPC or local ordinance 2. Creation. Civil Action 3. 3.000. prior demand has been rejected. Law 3. and according the rules laid down by law. the thing must be without an owner 5. Contract of the parties 6. 2. transfer of fish to another breeding place without fraud or artifice TRADITION/DELIVERY  a mode of acquiring ownership as a consequence . approval by district health officer and assistance of local police. DIFFERENT MODES (and TITLES) of ACQUIRING OWNERSHIP Modes of acquiring ownership Titles of acquiring ownership A. the thing seized must be corporeal personal property 3. Occupation 1. or 5. Obstructs or interferes with the free passage to any public highway or street. Per accidens – nuisance by reason of circumstances. as the result of the presence of a special condition of things. Remedies against public nuisance: (PCE) 1.  TITLE is the juridical justification for the acquisition or a transfer of ownership or other real right. Death OCCUPATION  a mode of acquiring ownership by the seizure of things corporeal which have no owner. Hinders or impairs the use of property. no breach of peace or unnecessary injury must be committed. Doctrine of Attractive Nuisance:  One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto is liable to a child of tender years who is injured thereby. catching of pigeons without fraud or artifice 8. Private – affects only a person or a small number of persons. Prescription 6. or surroundings. This is the remote cause of the acquisition. Donation 5.4.  Requisites: 1. Per se – nuisance at all times and under all circumstances regardless of location and surrounding. 4. finding of hidden treasure 5. This is the proximate cause of the acquisition.  Classes: 1. there must be an intention to appropriate  Specific instances: 1. Contract of the parties 5. Work which 2. catching of domesticated animals that have escaped from their owners. value of destruction does not exceed P3. Existence of required conditions 4. the thing must be susceptible of appropriation by nature 4. and of compliance with the conditions established by law. THEORY OF MODE AND TITLE  MODE is the specific cause which gives rise to them. catching of swarm of bees that has escaped from its owner. Original Modes 1. Civil Action 2. Extrajudicial Abatement Remedies against private nuisance: (CE) 1. of the aptitude and intent of persons. Derivative modes 3. includes discovery or Intellectual invention creation B. under certain conditions 6. and 6. Public – affects the community or a considerable number of persons. 3. 2. or body of water. under certain conditions 7. Succession 7. finding of abandoned movables 4.

Must comply with the formalities required by Arts. 2. As a. Made to an attesting witness to the execution of donation. Made to relatives of such priest. or anyone claiming under them. propter nuptias to perfection/extinguishment: pure with a condition with a term to consideration: simple . b. b. Made by persons guilty of adultery or concubinage at the time of donation. Made by a ward to the guardian before the approval of accounts. symbolical or legal DONATION  an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it  Requisites: CIDA 1. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir. c. etc. grantor and grantee should have intention and capacity to transmit and acquire 4. Made to the priest who heard the confession of the donor during the latter’s last illness. Tradicion por ministerio de la ley – delivery by operation of law 6. traditio constitutum possessorium – when the vendor continues in possession of the thing sold not as owner but in some other capacity 3. donee must accept or consent to the donation  Essential features/elements of a true donation: a) Alienation of property by the donor during his lifetime. traditio longa manu – by mere consent of the parties if the thing sold cannot be transferred to the possession of the vendee at the time of the sale c. Made by individuals. the object is placed in the control and possession of the transferee. or the minister of the gospel who extended spiritual aid to him during the same period. within the 4th degree. 2. right transmitted should have previously existed in the patrimony of the grantor 2. Quasi-tradition – exercise of the right of the grantee with the consent of the grantor 4. transmission should be manifested by some act which should be physical.  Kinds: 1. Title conveyed to the donee before the donor’s death 3. Tradition by public instrument  Requisites: 1. 9. Made to a public officer or his/her spouse. associations or corporations not permitted by law to make donations. Made to a physician. inter vivos b. surgeon. he must have donative intent (animus donandi) 3. traditio brevi manu – when the vendee already has possession of the thing sold by virtue of another title d. which is accepted b) Irrevocability by the donor c) Intention to benefit the donee (animus donandi) d) Consequent impoverishment of the donor (diminution of his assets)  Classification: 1. actually or constructively. Made between persons found guilty of the same criminal offense in consideration thereof. 3. Constructive Tradition a.actual delivery 2.of certain contracts . As a. 8. health officer or druggist who took care of the donor during his/her last illness. 6. if there is any. 3. traditio symbolica – parties make use of a token or symbol to represent the thing delivered b. As to effectivity: a. 4. or to the church to which such priest belongs. donor must have capacity to make the donation 2. mortis causa c. transmission should be by just title 3. Valid if donor survives donee 4. or children.gratuitous remuneratory or compensatory – made on account of donee’s merits c. Takes effect independently of the donor’s death 2. Real Tradition . by virtue of which. parents. descendants or ascendants in consideration of his/her office. 5. 748 and 749 of the Code Donation Mortis Causa Takes effect upon the death of the donor Title conveyed upon donor’s death Void if donor survives donee Always revocable Must comply with the formalities required by law for the execution Of wills Donations prohibited by law: 1. modal – imposes upon the donee a burden which is less than the value of the thing donated Donation Inter Vivos 1. or to the spouse. Forms of donations: . nurse. there must be delivery 4. and 10. Generally irrevocable during donor’s lifetime 5. 7.

except servitudes 4. 3. if not otherwise specified. If there is express stipulation: the donee is to pay only debts contracted before the donation. whether real or personal 4. it is the possessor who is the actor 2. donee is subrogated to the rights of the donor in the property 3. Extraordinary acquisitive prescription: acquisition of ownership and other real rights without need of title or of good faith or any other condition  Requisites: 1) capacity to acquire by prescription 2) a thing capable of acquisition by prescription 3) possession of thing under certain conditions 4) lapse of time provided by law 2. Donation of immovable property: a. in donations propter nuptias. applicable to ownership and other real rights 4. expressed b. requires possession by a claimant who is not the owner 3. in the same instrument.it may be oral/written – P5. Acquisitive prescription 1. or ii. donee may demand the delivery of the thing donated 2. acceptance must be either: i. With simultaneous delivery of property donated: i. when the donation is made to several donees jointly.1.if value exceeds P5. Present property that can be donated: a) if the donor has forced heirs: he cannot give or receive by donation more than he can give of receive by will b) if the donor has no forced heirs: donation may include all present property provided he reserves in full ownership or in usufruct: 1) the amount necessary to support him. applies to all kinds of rights. Donations of movable property: a. If there is no stipulation: the donee is answerable for the debts of the donor only in case of fraud against creditors. ii. one does not look to the act of the possessor but to the neglect of the owner 2. even though he should prove it.one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. or any act involving moral turpitude. Donee must reserve sufficient means for his support and for his relatives which are entitled to be supported by him. unless the crime or act has been committed against the donee himself. Without simultaneous delivery:  the donation and acceptance must be written in a public or private instrument. ACTS OF INGRATITUDE 1. If the donee should commit some offense against the person. notified to the donor in authentic form. Refusal to support the donor PRESCRIPTION  Kinds: 1. donation is propter nuptias c. results in the loss . requires inaction of the owner or neglect of one with a right to bring his action 3. If the donee imputes to the donor any criminal offense. donation is onerous d. regardless of value 2. relationship between the occupant and the land in terms of possession is capable of producing legal consequences. Ordinary acquisitive prescription: requires possession of things in good faith and with just title for the time fixed by law b. Acquisitive prescription .000 or less. 2.000 – written in public or private document b. must be in a public instrument specifying the property donated and the burdens assumed by donee. Donation should not prejudice creditors 4. without accretion. a. but the donee answers only up to the value of the property donated. and 2) those relatives entitled to support from him 3) property sufficient to pay the donor’s debt contracted prior to the donation. Future property cannot be donated. his wife or children under his authority 3. honor or property of the donor. donor is in bad faith 5. the donor must release the property from encumbrances. produces the extinction of rights or bars a right of action 5. vests ownership or other real rights in the occupant 5. regardless of value b. or of his wife or children under his parental authority 2. EFFECTS OF DONATION 1. unless the contrary is stipulated Payment of the donor’s debt by the donee 1. donor’s warranty exists if a. and noted in both deeds NOTE: Expression of gratitude to the donor without express acceptance was held a sufficient acceptance (Cuevas vs Cuevas) LIMITATIONS ON DONATION OF PROPERTY 1. in another public instrument. they are entitled to equal portions. results in the Extinctive prescription 1. Extinctive Prescription – rights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. if no stipulation is made to the contrary 2.

2. Persons living abroad who have managers or administrators 4. Juridical persons. Good Faith 10 years 2. can be proven under the general issue without its being affirmatively pleaded Period of Prescription Movables 4 years 8 years Immovables 1. should be affirmatively pleaded and proved to bar the action or claim of the adverse party continued to be in possession during the intervening time. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor 2. It is presumed that the present possessor who was also the possessor at a previous time. Between husband and wife. during the minority or insanity of the latter 3. even though there be separation of property agreed upon in the marriage settlements or by judicial decree. unless there is proof to the contrary 3. The first day shall be excluded and the last day included Persons Against Whom Prescription runs: 1. Minors and other incapacitated persons who have parents. guardians or other legal representatives 2. Bad Faith 30 years Rules on Computation of Period: 1. or bars the cause of action to enforce said right 6. Absentees who have administrators 3. has Prescriptive period a) Imprescriptible Actions  to declare an inexistent or void contract  to quiet title  to demand a right of way  to bring an action for abatement of public nuisance  to demand partition in coownership  to enforce a trust  probate of a will  to recover possession of a registered land under the Land Registration Act by the registered owner Prescriptive period g) 4 YEARS Actions  action to revoke donations due to non-compliance 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.acquisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another of a real or personal right. appearance or adoption of a child  actions upon an injury to the rights of the plaintiff (not arising from contract) . Between guardian and ward during the continuance of the guardianship 6. Between parents and children. except the state and its subdivision Persons against whom prescription does NOT run: 1.

1505 and 1133 j) 1 YEAR  action to impugn legitimacy of a child if the husband or his heirs are residing in the city or 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 burdens or servitude .b) 30 YEARS  real actions over immovables (but not foreclosure) without prejudice to the acquisition of ownership or real rights by acquisitive prescription h) 3 YEARS  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 c) 10 YEARS  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 i) 2 YEARS d) 8 YEARS  action to recover movables without prejudice to acquisition of title for a shorter period or to the possessors title under Arts. 559.

counted from the time the right of action accrues k) 6 MONTHS  actions for warranty against hidden defects or encumbrances over the thing sold  redhibitory action based on faults or defects of animals f) 5 YEARS l) 40 DAYS . action for warranty of solvency in assignment of credits  actions for loss or damage to goods under the COGSA e) 6 YEARS  actions upon an oral (verbal) 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 the debtor in credits assigned in partition  action for the declaration of the incapacity of an heir (devisee or legatee) to succeed)  all other actions whose periods are not fixed by law.