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PROPERTY- an object or a right which is appropriated or susceptible of appropriation by man, with

capacity to satisfy human wants and needs.
1. Susceptibility of Substitutio! Fungible or Nonfungible
2. Alie"bility! Within the commerce of man or Outside the Commerce of an.
!. N"tu#e! "eal, #ersonal or i$ed
%. Di$isibility! &i'isible or (ndi'isible
). O%e#s&ip! #ublic or #ri'ate
*. Depe'ece o# I(po#t"ce! #rincipal or +ccessory
,. E)istece! -$isting or Future
.. Defiiteess o# Desi*"tio! /eneric or 0pecific
1. Cosu("bility! Consumable or Non2Consumable
13. M"te#i"lity! Corporeal45angible or (ncorporeal4(ntangible
11. Custo'y o# Cou#t o# F#ee! (n custodia legis or Free.
1. ,tility- the capacity to satisfy some moral or economic human wants.
2. Subst"ti$ity or I'i$i'u"lity2 the 6uality of ha'ing e$istence apart from any other thing.
!. App#op#i"bility- susceptibility of being possessed by men.
1. N"tu#e- Cannot be mo'ed from place to place because of their nature.
a. 7and, 8uildings, roads and constructions of all 9inds adhered to the soil. :%1).1;
b. ines, <uarries and slag dumps, while the matter thereof forms part of the bed, and waters
either running or stagnant. :%1)..;
a. Bicarro vs. Teneza: =Once a house is demolished, its character as an immo'able
b. Leung Yee vs. Strong Machinery Co.: =5he building of strong materials in which the rice2
cleaning machinery was installed by the ?Compa@ia +gricola Filipina? was real property, and the
mere fact that the parties seem to ha'e dealt with it separate and apart from the land on which it
stood in no wise changed its character as real property. (t follows that eit&e# t&e o#i*i"l #e*ist#y
i t&e c&"ttel (o#t*"*e of t&e buil'i* "' t&e ("c&ie#y ist"lle' t&e#ei, o# t&e
"ot"tio i t&"t #e*ist#y of t&e s"le of t&e (o#t*"*e' p#ope#ty3 &"' "y effect %&"te$e# so
f"# "s t&e buil'i* %"s coce#e'!4
c. Standard Oil Co. of New York vs. ara!illo" 5he parties to a contract of chattel
mortgage may by agreement treat as personal property that which by nature would be real
property, such as le"se&ol' #i*&ts "' buil'i*.
d. #vangelista vs. $lto Surety % &nsurance Co.- =(ntention to treat as personal property not
binding to third persons, but only to contracting parties.>
e. Makati Leasing % 'inance Cor(. vs. )earever Te*tile Mills+ &nc.-=5he law ma9es no
distinction as to the ownership of land on which the house is built.>
f. ,avao Saw!ill Co.+ &nc. vs. Castillo" =+ mortgaged house built on a rented land is
personal property not only because the deed of mortgage considered it as such, but also because
it did not form part of the land for it is now well2settled that an object placed on land by one who
has only a temporary right to the same such as the lessee or usufructuary, does not become
immobiliAed by attachment.>
g. Tu!alad vs. -icencio" =0tatements by the owner declaring his house to be a chattel is a
conduct that may concei'ably estop him from subse6uently claiming otherwise. :Ladera vs. C.N.
.odges. +lthough there is no specific statement referring to the subject house as personal
property, yet by ceding, selling or transferring a property by way of chattel mortgage defendants2
appellants could only ha'e meant to con'ey the house as chattel, or at least, intended to treat the
same as such, so that they should not now be allowed to ma9e an inconsistent stand by claiming
2. Ico#po#"tio-essentially mo'ables but attached to an immo'able that it becomes an integral
part of it. (TESA)
a. Trees, plants B growing fruits adhered to the soil. :%1).2;
b. E'erything attached to an immo'able in a fi$ed manner that it will brea9 or deteriorate if
separated. :%1).!;
c. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach them
permanently to the immo'able is re'ealed. :Only the owner or agent should place them. %1).%
d. Animal houses if intended by the owner to become permanently attached to the immo'able.
a. Lavarro vs. La/itoria" =0ince trees and plants anne$es to the lands are parts thereof,
unless rights or interests in such trees or plants are claimed in the registration proceedings by
others, they become the property of the persons to whom the land is adjudicated.>
b. Si/al vs. -aldez" =For purposes of attachment, e$ecution and the chattel mortgage law,
growing crops or fruits or ungathered products or fruits ha'e the nature of personal property.>
c. Uprooted timber still part of the timber land according to Manresa.
!. Desti"tio- mo'ables but purpose is to parta9e of an integral part of an immo'able for the
utility it gi'es to the acti'ity carried thereon.
a. 0tatues, reliefs, paintings or other objects for use or ornamentation if intention to attach
them permanently to the immo'able is re'ealed. :Only the owner or agent should place them.
b. achinery, receptacles, or instruments placed by owner of the tenement or his agent and
tend directly to meet the needs of such wor9s4industry. :%1).);
c. +nimal houses if intended by the owner to become permanently attached to the
immo'able. :%1).*;
d. FertiliAer actually used on a piece of land. :%1).,;
e. &oc9s and structures which though floating are intended by their nature and object to
remain at a fi$ed place on a ri'er, la9e or coast. :%1).1;
a. ,avao Saw!ill vs. Castillo" =achinery which is mo'able in its nature only becomes
immobiliAed when placed in a plant by the owner of the property or the plant. 8ut not when so
placed by the tenant, a usufructuary or any person ha'ing only a temporary right, unless such
person acted as the agent of the owner.>
b. Burgos+ Sr. vs. Chief of Staff" =achinery, though in fact bolted to the ground, remains
mo'able property susceptible to seiAure under a search warrant, where its owner is not the owner
of the land and4or building on which it was placed.>
c. Mindanao Bus Co. vs. City $ssessor and Treasurer" =+ transportation business is not
carried on in a building or on a specified land. Cence, e6uipment destined only to repair or ser'ice
a transportation business may not be deemed real property.>
d. Berkenkotter vs. Cu 0n1ieng"=o'able e6uipment to be immobiliAed must first be
essential and principal elements of an industry or wor9s without which, such industry or wor9s
would be unable to function or carry on the industrial purpose for which it was established.>
2=(mpro'ements must be in a permanent nature and
essential to the industry or wor9s.>
e. Board of $ssess!ent $((eals vs. Manila #lectric Co. D =#oles and steel supports or
towers of eralco are not real property. 5hey do not constitute buildings or constructions adhered
to the soil. 5hey are merely attached to a s6uare metal frame by means of bolts, could easily be
dismantled and mo'ed from place to place. 5hey are not attached to an immo'able in a fi$ed
manner and they can be separated. 5hey are not machineries, but e'en if they are, they are not
intended for industry or wor9s on the land in which they are constructed.>
f. Standard Oil Co. of New York vs. ara!illo" =(t is a familiar phenomenon to see things
as real property for purposes of ta$ation which on general principles might be considered personal
g. Rubiso $s! Ri$e#"- Vessels are essentially movable but they partake to a certain extent
of the nature and conditions of real property due to their value or importance.
%. A"lo*y-L"%2 united to the immo'able property by e$press pro'ision of law.
22Contracts for public wor9s, and ser'itudes and other real rights o'er immo'able property.
1. Susceptible of appropriation that are not included in +rt. %1).
2. I((o$"ble that is designated as mo'able by special pro'ision of law.
!. Fo#ces of nature brought under control by science.
%. T&i*s which can be transported from place to place without impairment of the real property
where they are fi$ed.
). Obli*"tios and actions which in'ol'e demandable sums.
*. S&"#es of stoc9 of agricultural, commercial and industrial entities, although they may ha'e real
EEE Other (ncorporeal propertyF Copyrights, #atents, 5rademar9s etc.
1. Rule of E)clusio- not included in +"5. %1).
2. Rule of Desc#iptio- if the property can be transported from one place to another, and no injury
would be suffered by it, then it is personal property, unless e$pressly included in +rt. %1).
1. I$olut"#y Sol$ecy of Strochecker vs. 2a!irez2 =G (nterest in 8usiness is mo'able is
2. Si/al vs. -aldez- =/rowing crops or ungathered products raised by labor and culti'ation
are considered personal property. 5he e$istence of a right on the growing crops is a mobiliAation by
anticipation.> H5he Chattel ortgage 7aw considers them also personal propertyI
!. 0S vs. Carlos- =5he true test of what is a proper subject of theft seems to be not whether
the subject is corporeal or incorporeal but whether it is capable of appropriation by another than
the owner. -lectricity, the same as gas is a 'aluable article of merchandise, bought and sold li9e
other personal property and is capable of appropriation by another.>
1. Acco#'i* to N"tu#e.
a. !onsumable2 cannot be utiliAed without being consumed.
b. "on-!onsumable
2. Acco#'i* to t&e itetio o# pu#pose of t&e p"#ties.
a. #ungible2 if it can be substituted by another thing of the same 9ind, 6uantity and 6uality.
b. "on-#ungible2 if not replaceable in such e6ui'alents.
1. Public Do(iio2 outside the commerce of men.
JindsF a. intended for public use :%23;
b. intended for public ser'ice of state, pro'inces, cities B municipalities. :%234%2%;
1. outside the commerce of men2cannot be alienated or leased or be the
subject of any contract.
2. cannot be ac6uired by pri'ate indi'idual through prescription
!. not subject to attachment or e$ecution.
%. cannot be burdened by 'oluntary easement.
). cannot be registered under the 7and "egistration 7aw.
*. in general, can be used by e'erybody.
c. for the de'elopment of national wealth. :%23;
2. P#i$"te O%e#s&ip2
+. P"t#i(oi"l p#ope#ty of 0tate, pro'inces, cities and municipalities :%2%;
i. e$ists for attaining the economic ends of the 0tate.
ii. property of public dominion when no longer intended for public use4ser'ice :%22;
NO5-F #atrimonial #roperties may be ac6uired by pri'ate indi'iduals or corporations
through prescription. 5hey may be an object of an ordinary contract.
8. P#ope#ty belo*i* to p#i$"te pe#sos2 indi'idually or collecti'ely. :%2);
NO5-F 0acred and religious objects are considered outside the commerce of men.
5hey are neither public nor pri'ate.
1. 2a/uco vs.-illegas" =#roperty is presumed to be 0tate property in the absence of any
showing to the contrary.
2. Santos vs. Moreno- =Canals constructed on pri'ate lands of pri'ate ownership but the owner
loses his proprietary right o'er said canal through prescription by allowing the public to use it for
transportation and fishing purposes.>
!. 2e(u/lic vs. C$2 =+ court has no jurisdiction to award foreshore land to any pri'ate person
or entity. + fo#es&o#e l"' is that strip of land that lies between the high and low water mar9s and
is alternati'ely wet and dry according to the flow of the tide.
%. Binalay vs. Manalo2 =+lthough +rt. %23:1; spea9s of only ri'ers and ban9s, =ri'ers> is a
composite term which includes the running waters, the bed and the ban9s.>
). -illearico vs. Sar!iento2 =+ lot on which stairways were built for the use of the people as
passageway to the highway is a property intended for public use.>
*. Munici(ality of .inunangan vs. ,irector of Lands2 =+ municipality which permitted
erection of pri'ate houses on a land upon which was built a stone fort which had not been used for
many years for the purpose for which it was contructed, did not con'ert the land into a property of
the municipality. 5he fortress may not ha'e been used for many years for the purposes for which it
was intended, but this does not depri'e the 0tate ownership of therein. 5he ownership of the 0tate
of the property becomes patrimonial. 5here could, howe'er be a prescription in fa'or of the
unicipality where the land has been used for purposes distinctly public, such as for the municipal
court house, public school, or public mar9et.>
,. Ce/u O*ygen % $cetylene Co.+ &nc. vs. Bercilles" =+ city council which closed a portion of
a street and authoriAed its sale to the highest bidder has such power. + withdrawn property can be
the object of ordinary contract.>
.. Laurel vs. 3arcia" ="oppongi property which was ac6uired by the #hilippines under the
"eparation +greement entered into with Kapan is of public dominion unless it is con'incingly shown
that the property has become patrimonial. (t is property belonging to the 0tate and intended for
some public ser'ice. + property continues to be part of the public domain until there is a formal
declaration on the part of the go'ernment to withdraw it from being such. +bandonment cannot be
inferred from non2use.>
1. ,acanay vs. $ssistio r. D =#ublic streets or thoroughfares may not be leased or licensed to
mar9et stallholders by 'irtue of a city ordinance or resolution. 7ocal /o'ernment cannot withdraw a
public street for public use, unless it has been granted such authority by law.>
1. #roperty for #ublic Lse :pro'incial roads, city4municipal streets, s6uares, public waters,
promenades and public wor9s;
2. #atrimonial #roperty
1. Macasiano vs. ,iokno2 =#olitical subdi'isions ha'e no authority whatsoe'er to control or
regulate the use of public property unless specific authority is 'ested upon them by the Congress.>
2. Ca(itulo vs. $4uino2 =(t does not matter if property intended for public use is not actually
de'oted for public use. (t remains property for public use or ser'ice.
!. 5rovince of 6a!/oanga ,el Norte vs. City of 6a!/oanga" =#roperties belonging to
Mamboanga &N were t#"sfe##e' u'e# RA 7879 f#ee of c&"#*e in fa'or of Mamboanga City. 5he
issue in this case is whether the properties are for public use or patrimonial property, for purposes
of ascertaining the control of Congress. (t was held that all the properties in 6uestion e$cept the
two lots used as Cigh 0chool playgrounds could be considered as patrimonial properties of the
Mamboanga #ro'ince. -'en the capitol site, the hospital and leprosarium sites and the school sites
will be considered patrimonial for they are not for public use. 5hey would fall under the phrase
Npublic wor9s for public ser'iceO, for such public wor9s must be for free and indiscriminate use by
anyone. "+ !3!1 is 'alid insofar as it affects the lots used as capitol site, school sites and its
grounds, hospital and leprosarium sites and the highschool playground sites since they were held
by the former Mamboanga pro'ince in its go'ernmental capacity and therefore subject to "bsolute
cot#ol of Co*#ess!
=8uildings follow classification of public lands on which they are built.>
="egistration cannot con'ert public property to pri'ate property.>
=Ci'il Code Classification is without prejudice to pro'isions of special laws.>
%. Salas vs. arencio" =+ lot registered in the name of the City of anila which was con'erted
by law as disposable or alienable land of the 0tate is not patrimonial absent any e'idence in
contrary. 5he property, regardless of the source or classification in the possession of a municipality
e$cepting those ac6uired with its own funds in its pri'ate or corporate capacity, is held in trust for
the 0tate and subject to its paramount power.
). Manila Lodge No. 789 v. C$" =5he grant made by +ct No. 1!*3 of the reclaimed land to the
City of anila is a grant of a public nature, the same ha'ing been made to a local political
subdi'ision. 0uch grants ha'e always been strictly construed against the grantee, therefore it is of
public domain.> =+n intention to de'ote property to public use is sufficient to ma9e property of
public domain.> =-$ecuti'e or legislati'e declaration is necessary to con'ert property of public
domain into patrimonial.>
*. Cuaycong vs. Benedicto" =5he fact that a road has been 9ept in repair by a pri'ate
enterprise and the go'ernment has not contributed to the cost of its construction or maintenance,
tends strongly to support the contention that it is a pri'ate way or pri'ately owned by the enterprise.
+nd the mere fact that a tract of land has been used for a long time as a road will not alone warrant
the presumption that it has been dedicated to the public.>2 H%2)I
O5NERS.IP!- (t is the independent and general right of a person to control a thing particularly in
his possession, enjoyment, disposition and reco'ery, subject to no restrictions e$cept those
imposed by the 0tate or pri'ate persons, without prejudice to the pro'isions of the law.
2Ownership may be e$ercised o'er a thing or a right :%2,;
TITLE2 is that which constitutes a just cause of e$clusi'e possession or which is the foundation of
ownership of property.
1. Full O%e#s&ip2 includes all the rights of the owner.
2. N";e' O%e#s&ip- where the right to the use and the fruits has been denied.
:Na9ed Ownership P Lsufruct Q Full Ownership;
!. Sole O%e#s&ip- ownership is 'ested only in one person
%. Co-O%e#s&ip-Te"cy i Co((o- ownership is 'ested in two or more ownersR unity of the
propertyR plurality of subjects.
<! El"stic- #owers may be reduced and thereafter automatically reco'ered upon the cessation of
the limiting rights.
=! 6ee#"l- the right to ma9e use of all the possibilities or utility of the thing owned, e$cept those
attached to other real rights e$isting thereon.
7! E)clusi$e- there can only be one ownership o'er a thing at a time. 5here may be two or more
owners but only one ownership.
>. I'epe'ece- (t e$ists without necessity of any other right
?! Pe#petuity- ownership lasts as long as the thing e$ists. (t cannot be e$tinguished by non2user
but only by ad'erse possession.
1. /eneral limitations imposed by the state. :eminent domain, police power, ta$ation;
2. 0pecific limitations imposed by law. :ser'itudes, easements;
!. 7imitations imposed by the party transmitting the property. :will, contract;
%. 7imitations imposed by the owner himself. :'oluntary ser'itude, mortgages, pledges;
). (nherent limitations arising from conflict with other rights.:contiguity of property;
*. Owner cannot ma9e use of thing which shall prejudice !
persons. :%!1;
,. 0tate of Necessity :%!2;
.. 5rue Owner must resort to Kudicial #rocess :%!!;
1. 1us Abute'i2 "ight to consume the thing by its use
2. 1us Accessioes2 "ight to accessories
!. 1us Dispoe'i2"ight to dispose
%. 1us F#ue'i2 "ight to fruits
). 1us Possi'e'i2 "ight to possess
*. 1us ,te'i2 "ight to enjoy
,. 1us /i'ic"'i2 "ight to e$clude others from possession of the thing
1. Ro)"s $s! CA- ="ight to use not necessarily included in right to possess, as in contract of
deposit, since a bailee only holds the property in trust.>
2. 1"bo $s! Alo- =+ judgment of ownership may not include possession, which may be in the
hands of a lessee.>
!. Republic $s! 0"ylosis- =5he "ight to dispose includes the right not to dispose>
<! Mo$"ble- Reple$i (#etu# of " (o$"ble)
NoteF + machinery and e6uipment used for an industry and indispensable for the carrying of
such industry, cannot be the subject of reple'in, because they are real properties.
EEE C"lub $s! CA- + property that is 'alidly deposited in custodia legis cannot be the subject of a
reple'in suit.
=! I((o$"ble
"! Accio Ite#'ict"l
i! Fo#cible Et#y- used by a person depri'ed of possession throughF force, intimidation,
strategy, threat or stealth :F(050; :issueF de facto or physical possession not juridical, must reco'er
within one year from unlawful depri'ation, or from disco'ery in case of stealth or strategy.
0ummary proceeding;
ii! ,l"%ful Det"ie#- used by a lessor4person ha'ing legal right o'er property when
lessee4person withholding property refuses to surrender possession of property after e$piration of
lease4right to hold property :physical possession, must reco'er within 1 year from unlawful
depri'ationR date of last demand or last letter of demand;R summary proceeding.
b! Accio Publici""- plenary action to reco'er the better right of possessionR must be brought
within a period of 13 years, otherwise the real right of possession is lostR issue is possession de
jureR ordinary ci'il proceeding.
c! Accio Rei$i'ic"to#i"- reco'ery of dominion of property as owner.
@@@ S"#(ieto $s! CA- =Where the facts a'erred in the complaint re'eals that the action is
neither one of forcible entry nor unlawful detainer but essentially in'ol'es a boundary dispute, the
same must be resol'ed in accion rein'indicatoria.
2 Lse of reasonable force to repel or pre'ent an actual or threatened unlawful physical in'asion or
usurpation of property.
EEE 6e#(" M""*e(et A Se#$ices $s! CA2 =(t can only be e$ercised at the time of an actual or
threatened dispossession.>
EEE ay be e$ercised by a !
#erson2 Negotiorum /estio
1. #erson e$ercising rights is the lawful owner or possessor.
2. Can only be e$ercised at the time of an actual or threatened dispossession.
!. Lse of force may be reasonably necessary to repel or pre'ent it.
2 ay be liable for e$cess force.
A#t! >78- Ri*&t to eclose o# fece %-o 'et#i(et to se#$itu'es
A#t! >7<-Obli*"tio to #espect #i*&ts of ot&e#s
- #rinciple which authoriAes the destruction of a property which is lesser in 'alue to a'ert the
danger poised to another property the 'alue of which is much greater.
@@ COMPARATI/E DAN6ERF &anger must be greater than the damage to property. ust consider
the economic and sentimental 'alue of the property.
EE 5he owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his
reimbursement by all those who benefited.
EE (n case of conflict between the e$ercise of the right of self2help and a proper and licit state of
necessity, the latter pre'ails because there is no unlawful aggression when a person or a group of
persons acts pursuant to the right gi'en in a state of necessity.
A#t! >77- Possesso# &"s 'isput"ble p#esu(ptio of o%e#s&ip! 1u'ici"l P#ocess!
A#t! >7>- Pe#so cl"i(i* " #i*&t (ust p#o$e2 (") T&"t &e &"s " bette# title to t&e p#ope#ty
"' (b) I'etity of t&e p#ope#ty
-Oe (ust 'epe' o t&e st#e*t& of &is title "' ot o t&e %e";ess of t&e 'efese!
E$i'ece to P#o$e O%e#s&ip!
1. 5orrens 5itle.
2. 5itle from 0panish /o'ernment
!. #atent &uly registered in the "egistry of #roperty by the grantee.
%. &eed of 0ale
). Operating a 8usiness for nine years in defendantOs own name representing himself to the public
to be the owner and the plaintiff ne'er made any protest or objection. (Flo#i'" $s! Ye"#by)
*. Occupation of a building for a long time by a party without paying rent (6"t'ul" $s! S"tos)
,. + letter in which defendant recogniAed the ownership of parcels of land for a long time attested
not only by witnesses but also by declaration of properties, payment of ta$es and a deed of
mortgage e$ecuted by the possessorOs predecessors2in2interest as owners of the property. (Al"o
$s! I*"cio)
A''itio"l 1u#isp#u'ece2
1. C"lic'" $s! Ce'"B"2 =+ deed of donation inter 'i'os, albeit 'oid for ha'ing been e$ecuted by
one who was not the owner of the property donated, may still be used to show the e$clusi'e and
ad'erse character of the doneeOs possession.>
2. .ei#s of S! M"i*i* $s! CA- =While a 'erbal donation under which the donee and his
predecessors2in2interest ha'e been in possession of the lands in 6uestion is not effecti'e as a
transfer of title, still it is a circumstance which may e$plain the ad'erse and e$clusi'e character of
the possession.>
A#t! >7?- Co'e("tio o# SeiCu#e i t&e e)e#cise of Po%e# of E(iet Do("i!
A#t! >7D- Co'e("tio o# SeiCu#e i t&e e)e#cise of Police Po%e#!
A#t! >7E- Su#f"ce Ri*&ts "' e$e#yt&i* u'e# of " L"'o%e#!
Cocept of .i''e T#e"su#e (>79)
1. Consists of money, jewels or other precious objects.
2. Cidden and un9nown
!. Owner is un9nown
Ri*&t to .i''e T#e"su#e (>7F)
1. Finder is the same as owner of the property2 treasure totally belongs to him.
2. Finder is !
person and he disco'ered it by chance2 finder is entitled to G of the 'alue of the
!. Finder is an intruder2 he is not entitled to anything
%. Finder is gi'en an e$press permission from the owner2 subject to the contract of ser'ice and
principle of unjust enrichment
2 5he right by 'irtue of which the owner of a thing becomes the owner of e'erything that it may
produce or which may be inseparably united or incorporated thereto either naturally or artificially.
<! Accessio Disc#et" - refers to the right o'er the fruits or products of a thing.
=! Accessio Cotiu"- accession things which ha'e been incorporated or attached to a thing.
6ee#"l #ule2 5he owner of the land owns the fruits.
E)ceptios2 (P,LA)
1. Possessor in /ood Faith of the land.
2. ,sufructuary
!. Lessee gets the fruits of the land
%. Antichretic creditor. Fruits apply to interest first if owing and then to principal.
NAT,RAL FR,ITS- spontaneous products of the soil and the young of animals
IND,STRIAL FR,ITS2 those produced by lands of any 9ind through culti'ation or labor
CI/IL FR,ITS2 rents of buildings, the price of lease of lands and other property and the amount of
perpetual or life annuities or other similar income. (>><->>=)
1. Ce who is in 6oo' F"it& may be held responsible but will not be penaliAed.
2. 5o the o%e# of a thing belongs the e$tension or increase of such thing.
!. 8ad faith of one party eut#"liCes the bad faith of the other.
%. 5here should be no unjust e#ic&(et at the e$pense of others.
). 0"' F"it& in'ol'es liability for damages.
*. Accesso#y follows the principal.
,. +ccession e$ists only if the incorporation is such that separation would either seriously '"("*e
the thing or diminish its 'alue.
A#t! >>7! Obli*"tio of #ecipiet of f#uits to #ei(bu#se ecess"#y e)peses of 7
<! 6"t&e#e' F#uits
Pl"te# O%e#
Pl"te# i 6F Jeeps fruits No necessity to reimburse the
planter of e$penses since he
retains the fruits
Pl"te# i 0F "eimbursed for e$penses for
production, gathering B
/ets Fruits, pay planter
=! St"'i* C#ops
Pl"te# O%e#
Pl"te# i 6F "eimbursed for e$penses for
production, gathering B
Owns fruits pro'ided he pays
planter e$penses :forced co2
Pl"te# i 0F 7oses -'erything, No right to
be reimbursed
Owns Fruits
A#t! >>>! 5&e N"tu#"l F#uits "' I'ust#i"l F#uits Dee(e' to E)ist!
)hen Male and 'e!ale /elong to different owners+ who own the offs(ring:
Lnder the #artidas, the owner of the female was considered to be the owner of the young
unless there is a contrary custom or speculation. 5he legal presumption, in the absence of proof to
the contary, is that the calf, as well as its mother belong to the owner of the latter, by the right of
accretion. (,S $s! C"b"lle#o)! 5his is also in accord with the ma$im =pratus se6uitor 'entrem>:5he
offspring follows the mother;
A#t! >>D-I(p#o$e(ets p#esu(e' ("'e by o%e#!
A#t! >>E-T"ble A
A#t! >>F-T"ble 0
A#t! >>9-0PS i b"' f"it&
A#t! >?8-Alte#"ti$e Ri*&ts of o%e# of t&e l"' %&e#e 0PS i 0F
A#t! >?<-Etitle(et to D"("*es
A#t! >?=- Ri*&t to Rei(bu#se(et fo# ecess"#y e)peses
A#t! >?7- 0ot& LO "' 0PS i 0F
A#t! >?>- Applic"bility of >>E %&e LO i 0F "' 0PS i 6F
A#t! >??- LO3 0PS "' OM 'iffe#et pe#sos
A#t! >?D- 6F ("y co-e)ist %it& e*li*ece
<! LO "' OM i 6oo' F"it&G o# LO "' OM i 0"' F"it&
8ecomes owner of the materials but must pay
for their 'alue.
EHCEPTION2 When they can be remo'ed
1. -ntitled to reimbursement pro'ided he does
not remo'e themR O#
2. -ntitled to remo'al pro'ided there is no
substantial injury
without destruction to the wor9 made or to the
plants, in such case the owner of material may
remo'ed them.
=! LO i 0"' F"it&G OM i 6oo' F"it&
8ecomes owner of the materials but must pay
for their 'alue plus damages.
EHCEPTION2 When Owner of the aterials
decides to remo'e them whether or not
destruction would be caused. :+bsolute
"emo'al;. Owner of aterials would still be
entitled to damages
1. -ntitled to +80O7L5- "(/C5 OF
"-OS+7 plus damages O"
2. -ntitled to reimbursement plus damages in
case he chooses not to remo'e
7! LO i 6oo' F"it&G OM i 0"' F"it&
-$empted from "eimbursement and entitled to
No "ightT
0! R,LES 5.EN A 7
LAND! (>>F)
<! LO "' 0PS i 6oo' F"it&G o# LO "' 0PS i 0"' F"it&
Cas a choice either toF
1. +ppropriate house after payment of
indemnity O"
2. Compel the builder to buy the land upon
which the building was built, unless the 'alue
of the land be considerably more than the
'alue of the houseUin such case builder pays
rent. (f builder pays, he has no right of
1. "ight to payment of indemnityF
a. Necessary -$penses, "ight of retention until
b. Lseful -$penses, "ight of retention
2. ay remo'e the ornaments with which he
has embellished the principal thing if it suffers
no injury thereby, and if his successor in
retention and 7O is entitled to remo'e
possession does not prefer to refund the
amount e$pended.
=! LO i 6oo' F"it&G 0PS i 0"' F"it&
1. /ets the accessory without paying any
indemnity, but must pay necessary e$penses
for preser'ation of the land. 7O is entitled to
2. &emand demolition of the wor9, or that the
planting or sowing be remo'ed at the 8#0Os
e$pense #7L0 damages
!. Compel the 8#0 to pay the price of the
land, and the sower the proper rent whether or
not the 'alue of the land is considerably more
than the 'alue of the house #7L0 damages.
1. 7oses what is built, planted or sown without
right to indemnity.
2. 7iability for damages
!.-ntitled to reimbursement for necessary
e$penses of preser'ation of land
7! LO i 0"' F"it&G 0PS i 6oo' F"it&
8ecomes owner of the materials but must pay
for their 'alue plus damages.
EHCEPTION2 When Owner of the aterials
decides to remo'e them whether or not
destruction would be caused. :+bsolute
"emo'al;. Owner of aterials would still be
entitled to damages
1. -ntitled to +80O7L5- "(/C5 OF
"-OS+7 plus damages O"
2. -ntitled to reimbursement plus damages :in
case he chooses not to remo'e;
Re(e'ies if optio e)e#cise' by t&e L"'o%e# %"s co(pulso#y selli* "' 0uil'e# f"ils to
1. 7ea'e things as they are and assume relation of lessor and lesseeR pay rents
2. &emolish what has been built, sown or planted. (I*"cio $s! .il"#io)
!. Consider price of land as an ordinary money debt of the builder. 5herefore he may enforce
payment thru an ordinary action for reco'ery of a money debt :le'y and e$ecution;.
ART! >>F (7
1. 5he 8#0 does not claim ownership o'er the land but possesses it as mere holder, agent,
usufructuary or tenantR he 9nows that the land is not his. (0"luc"e* $s! F#"cisco)
$xception: if a tenant whose lease is about to e$pire, ne'ertheless still sows, not 9nowing that
the crops will no longer belong to him.
2. 5he 8#0 is a co2owner, e'en if later on, during the partition, the portion of the land used is
awarded to another co2owner.
!. + person constructs a building on his own land, and then sells the land but not the building to
another, there could be no 6uestion of good faith or bad faith on the part of the builder . Ce can be
compelled to remo'e the building. 5he new owner will thus not be re6uired to pay any indemnity for
the building. (Coleo*co $s! Re*"l"'o)
%. 5he builder is a belligerent occupant. :buildings use is temporary, i.e. airfield4campsite;
@@@ When 7andowner sells land to a !
person who is in 8ad faith, the builder must go against him,
but when the !
person paid the landowner, the builder may still file a case against him but the !
person may file a !
party complaint against the landowner.
EEE 7andownerOs alternati'e right against a 0OW-" is to demand proper rent.
EEE %%. applies only when 8#0 is in /F.
Rule %&e t&#ee p"#ties "#e i$ol$e'2 (LO3 0PS "' OM)
1. "ights of 7O and 8#0 the same as preceding tables.
2. "ights of OF
a. 8F2 7oses all rights to be indemnified. Ce can e'en be liable for conse6uential damages if the
materials are of inferior 6uality.
b. /F2 he is entitled to reimbursement from the builder principally since it was the builder who
first made use of the materials. (n case of insol'ency on the part of the builder the 7O is
subsidiarily liable, if he ma9es use of the materials.
Rule %&e OM "' 0PS i 0"' f"it&G LO i 6oo' F"it&
1. +s between OM and 0PS, good faith must go'ern. 0PS must reimburse OM but in case 0PS
cannot pay LO will not be subsidiarily liable because as to him OM is in 8ad faith.
2. LO can as9 damages from both, moreo'erF
a. Ce may appropriate what has been built as his own, without payment of any indemnity for
useful or necessary e$penses for the building but with indemnity for the necessary e$penses for
the preser'ation of the land.
b. &emand the demolition of the house at builderOs e$pense.
c. Compel the builder to pay the price of the land whether the land is considerably more
'aluable than the building or not.
<! S"#(ieto $s! A*""- =5he landowner on which a building has been constructed in good
faith by another has the option to buy the building or sell his land to the builder, he cannot refuse to
e$ercise their option and compel the builder to remo'e or demolish the impro'ement. +n order by a
court compelling a builder in good faith to remo'e his building from a land belonging to another
who chooses neither to pay for such building nor sell the land is null and 'oid for being offensi'e to
+rt. %%.>
=! Dep#" $s! Du(l"o- =Owner of the land on which an impro'ement was built by another in
good faith is entitled to remo'al of the impro'ement only after the landowner has opted to sell the
land and the builder refused to pay for the same. Where the landOs 'alue is considerably more than
the impro'ement, the landowner cannot compel the builder to buy the land. (n such e'ent, a forced
lease is created and the court shall fi$ the terms thereof in case the parties disagree thereon.>
7! 0"ll"t" $s! CA- =5he right to choose between appropriating the impro'ement or selling the
land is gi'en to the owner of the land and not the court.>
%. Ple"s"t$ille De$elop(et Co#po#"tio $s! CA- =+ lot buyer who constructs impro'ements
on the wrong property erroneously deli'ered by the ownerOs agent, honestly belie'ing that the said
lot was what he brought from the seller, is NO5 guilty of negligence and his 'iolation of the contract
of sale or instalment may not be the basis to negate the presumption of good faith as such 'iolation
has no bearing on his state of mid at the time he built the impro'ements.>
?! Pecso $s! CA- =#arties may agree that +rt. %%. and )%* are applicable and indemnity for
the impro'ements may be paid although they differ as to the basis of the indemnity.>
D! M"il" R"il#o"' Co! $s! P"#e'es- =When anila "ailroad Co. built its trac9 on a land without
any opposition from the owner who merely stood by, the owner was deemed to ha'e wai'ed his
right to reco'er possession of his property and the construction thereon. Cis only remedy would be
to reco'er damages for the 'alue of the property ta9en considering that the corporation merely
e$ercised its power of eminent domain as authoriAed by law.>
E! Nu*ui' $s! CA2 =Offsetting necessary and useful e$penses with the fruits recei'ed by the
builder2possessor in good faith is not allowed.>
F! M"oto; Re"lty3 Ic! $s! Tecso- =Where the impro'ements ha'e been destroyed by a
fortuitous e'ent without the fault of the landowner, the basis for the builderOs right to retain the
premises is e$tinguishedR hence there is no other recourse for him but to 'acate the premises and
deli'er the same to the landowner.>
9! C"l"p" Lu(be# Co! $s! Co((uity S"%(ill Co!- =5he right of retention of a builder in
good faith until payment of the proper indemnity does not apply to property of public domain. 5he
builder may howe'er be entitled to the cost of construction with interest upon securing
authoriAation of proper authorities or designate such road a toll road to raise the funds necessary
to reimburse the company.>
<8! Me'oC" $s! De*uC("- =Once the owner elects to appropriate the impro'ements, the
8#0 cannot e$actly be considered a possessor in good faith. Cence, whate'er fruits he recei'es
during the pendency of retention must be deducted from whate'er indemnity is due to himR and in
case it e$ceeds the 'alue of the indemnity, the e$cess shall be returned to the owner of the land.>
<<! Sps! Del Oc"(po $s! Obesi"2 =+ co2owner is not a !
#erson with respect to the land
owned in common for it cannot be said that it e$clusi'ely belongs to another but of which he is a
co2owner. Cowe'er, if the co2ownership is terminated by partition and it appears that the house of
the defendant :a former co2owner; o'erlaps or occupies a portion of the land pertaining to the
plaintiff :another former co2owner; which the defendant build in good faith, then +rt. %%. should
apply e'en when there was a co2ownership.>
2 soil imperceptibly and gradually deposited on lands adjoining the ban9s of ri'ers caused by the
current of water.
2 is the process whereby the soil is deposited
1. "esult of the ACTION of the waters of the ri'er.
2. &eposit of soil and sediment be 6RAD,AL and imperceptible.
!. 5he land where accretion ta9es place is AD1ACENT to the ban9s of ri'er.
2i(arian Owners" are owners of lands adjoining the ban9s or ri'ers.
Littoral Owners" owners of lands bordering the shore of the sea or la9e or other tidal wa'es.
<! 0i"l"y $s! M""lo- =+ sudden and forceful action li9e that of flooding is not the allu'ial
process contemplated under +rt. %),. (t is the slow and hardly perceptible accumulation of sould
deposits that the law grants to the riparian owner.>
=! I*"cio $s! Di#ecto# of L"'s- =+rt. %), does not apply where the accretion is caused by
action of anila 8ay, it being a part of the sea, a mere indentation of the same. Lntil a formal
declaration on the part of the go'ernment through the e$ecuti'e or legislati'e, to the effect that
such lands are no longer needed for coast guard ser'ice, for public use, or for special industries,
they continue to be part of the public domain.>
7! Republic $s CA2 =7aguna de 8ay is a la9e and that part around it which becomes co'ered
with water, not due to tidal action, but due to rain, cannot be considered part of the bed or basin of
the bay nor as foreshore lands, and therefore registrable under the 5orrens 0ystem.>
>! /i"J"# $s! CA- ="egistration does not protect the riparian owner against diminution of the
area of his land thorugh gradual changes in the course of the adjoining stream.>
?! .ei#s of E! N"$"##o $s! IAC- =+n allu'ion, although by mandate of +rt. %), is automatically
owned by the riparian owner from the moment the soil deposit can be seen, does not automatically
become registered land, just because the lot which recei'es such accretion is co'ered by a 5orrens
title, thereby ma9ing the allu'ial property imprescriptible.>
D! Rey"te $s!CA- =+llu'ial deposit ac6uired by a riparian owner of registered land by
accretion may be subjected to ac6uisition through prescription by a !
person, by failure of such
owner to register said accretion within the prescribed period.>
E! RoKuillo $s! CA- ="ules on allu'ion do not apply to man2made or artificial accretions to
lands that adjoin canals or esteros or artificial drainage system.
A#t! >?F- Est"tes "'Joii* po's o# l"*oos3 o%e#s 'o ot "cKui#e l"' left '#y!
2 process whereby a portion of land is segregated from an estate by the current of a ri'er, cree9 or
torrent and transferred to another estate. H%)1I
Ele(ets of A$ulsio2
1. 5he segregation and transfer must be caused by the current of a ri'er, cree9, or torrent.
2. 0udden or +brupt
!. #ortion of 7and must be 9nown or identifiable
EEE 5he former owner preser'es his ownership of the segregated portion pro'ided he remo'es :not
merely claims; the portion within 2 years. H%)1I
A#t! >D8! T#ees up#oote' "' c"##ie' "%"y by t&e cu##et belo* to o%e# of l"' %&ic& t&ey
("y be c"st3 if t&e o%e#s 'o ot cl"i( t&e( %it&i D (ot&s!
A#t! >D<! Ri$e# be's "b"'oe' t&#ou*& "tu#"l c&"*e i t&e cou#se of t&e %"te#s!
ReKuisites of C&"*e of Ri$e# 0e's2
1. Change must be sudden in order that the old ri'er bed may be identified.
2. 5he changing of the course must be more or less permanent and not temporary o'erflooding
anotherOs land.
!. 5he change must be a natural one, i.e. caused by natural forces.
%. 5here must be a definite abandonment by the go'ernment
). 5he ri'er must continue to e$ist that is, it must not completely dry up or disappear.
Ri*&t of O%e# of L"' Occupie' by Ne% Ri$e# Cou#se
1. "ight to old bed ipso facto in proportion to area lost.
2. Owner of adjoining land to old bed shall ha'e right to ac6uire the same by paying its 'alue D
'alue not to e$ceed the 'alue of area occupied by new bed.
A#t! >D=! Ne% 0e' t&#ou*& p#i$"te est"te beco(es of public 'o(iio!
A#t! >D7! Ri$e# 'i$i'es itself ito b#"c&es fo#(i* " isl"'!
1. (solation of a piece of land or part thereof :without being physically transferred to another place;.
2. 0eparation:or physical transfer; of a portion of land from an estate by the current.
Isl"'s belo* to St"te2 (>D>)
1. Formed on the seas within the jurisdiction of the #hils.
2. On la9es
!. On na'igable or floatable ri'ers
Isl"'s fo#(e' i o-"$i*"ble o# o-flo"t"ble #i$e#s (>D?)
- (sland shall pertain and belong to the owners of the margins or ban9s of the ri'er nearest to each
of them
2 if in the middle of the ri'er2 it shall be di'ided longitudinally in hal'es.
A'Juctio o# CoJuctio- union of two mo'able things belonging to different owners in such a
way that they form a single object, but each one of the component things preser'es its 'alue. H%**I
:i's of A'Juctio (ISTEP)
<! Iclusio :engraftment;2 such as setting a precious stone on a ring
=! Sol'"'u#" :soldering;2 such as joining a piece of metal to another metal.
a. ferruminacion2 same metals
b. plumbatura2 different metals
7! TeJi'o :wea'ing;2 such as when threads belonging to different owners are used in ma9ing te$tile
>! Esc#itu#" :writing;2 such as when a person writes on paper belonging to another
?! Pitu#" :painting;2 such as when a person paints on can'as belonging to another
Tests to 'ete#(ie p#icip"l i "'Juctio (>DE->DF)
1. "ule on (mportance of #urpose :%*,;2 5o which the other :accessory; has been united as an
ornament or for its use or perfection.
2. Of greater 'alue, if they are of une6ual 'alues :%*.;
!. Of greater 'olume, if they are of an e6ual 'alue :%*.;
%. Of greater merits ta9ing into consideration the comparati'e merits, utility and 'olume of their
respecti'e things :%,);
5&e Sep"#"tio Allo%e'
1. 0eparation without injury (>D9)
2. 0eparation with injury2 accessory is much precious than the principal, the owner of the former
may demand its separation e'en though the principal may suffer injury. (>D9)
!. Owner of the principal in bad faith. (>E8)
+c6uires the accessory, indemnifying the O+
for its 'alue
ay separate them if no injury will be causedR
(f 'alue of accessory is greater than principal,
O+ may demand separation e'en if damages
may be caused to the principal :e$penses to
be borne by the one who caused the
=! OP i 6oo' F"it&G OA i 0"' f"it&
Owns the accessory plus damages 7oses the thing incorporated and indemnify O#
for damages
7! OP i 0"' f"it&G OA i 6oo' F"it&
1. #ay O+ 'alue of accessory #7L0
&++/-0 O"
2. #rincipal and accessory be separated
#7L0 &++/-0
"ight to choose between
1. O# paying him the 'alue or
2. 5hat the thing be separated e'en if principal
will be destroyed
8oth with right to damages
A#t!>E< Fo#( of I'e(ity! (T&i* eKu"l i ;i'-$"lue o# p#ice)
A#t! >E=->E7!
Mi)tu#e- ta9es place when two or more things belonging to different owners are mi$ed or
combined with the respecti'e identities of the component parts destroyed or lost.
T%o :i's2
<! Co((i)tio- or the mi$ture of solid things belonging to different owners.
=! Cofusio- or the mi$ture of li6uid things belonging to different owners.
1. i$ture by will of the owners2 5heir rights shall be go'erned by their stipulations. Without
stipulation, each ac6uires a right or interest in proportion to the 'alue of his material.
2. i$ture caused by an owner in /F or by chance2 each share shall still be in proportion to the
'alue of their thing.
!. i$ture caused by the owner in 8F2 the actor forfeits his things and is liable for damages.
A#t! >E>! Specific"tio!
2 means the gi'ing of a new form to a material belonging to another person through the application
of labor or industry.
1. When the ma9er :considered principal; is in /F
a. +ppropriate but must indemnify the owner of the material
b. ay not appropriate Dmaterial transformed is worth more than the new thing. 5he O may
i. appropriate the new thing subject to payment of the 'alue of the wor9 or
ii. demand indemnity for material with damages .
2. When the ma9er is in 8F
a. O can appropriate the wor9 without paying for the labor or industry
b. O can demand indemnity plus damages
c. O cannot appropriate if the 'alue of the wor9 is considerably more than the 'alue of the
material due to artistic or scientific importance.
A'Juctio Mi)tu#e Specific"tio
(n'ol'es at least 2 things (n'ol'es at least 2 things (n'ol'es at least 2 things
+ccessory follows principal Co2ownership results +ccessory follows principal
5hings joined retain their
5hings joined -ither retain or
lose their nature
5he new object retains or
preser'es the nature of the
original object
1. pre'ent litigation
2. protect true title and possession
!. real interest of both parties which re6uires that precise state of title be 9nown
Actio to +uiet Title
2put an end to 'e$atious litigation in respect to property in'ol'edR plaintiff asserts his own estate
and generally declares that defendantOs claim is without foundation
2not suits in rem nor personam but suits against a particular person4s in respect to the res:6uasi in
2may not be brought for settling boundary disputes (/'"! De A$iles $s! CA)
2applicable to any property or interest therein. 5he law howe'er, does not e$clude personal
property from actions to 6uiet title.
2an action to 6uiet title brought by the person in possession of the property is (#"-0C"(#5(87-.
2if he is not in possession, he must in'o9e his remedy within the prescripti'e period.
1. "emedial +ction2 one to remo'e cloud on title
2. #re'enti'e +ction2 one to pre'ent the casting of a :threatened; cloud on the title
Actio to Re(o$e Clou'
2intended to procure cancellation, deli'ery, release of an instrument, encumbrance or claim
constituting a plaintiffOs title which may be used to injure or 'e$ him in the enjoyment of his title.
Clou'2 any instrument which is inoperati'e but has semblance of title.
1. #laintiff must ha'e a legal or e6uitable title or interest. :%,,;
2. Need not be in possession of the property, but must in'o9e within prescripti'e period. :/allar 's.
!. 5he cloud must be due to an instrument, record, claim encumbrance or proceeding which is
apparently 'alid or effecti'e but in truth and in fact in'alid, ineffecti'e, 'oidable or unenforceable, or
has been e$tinguished or terminated or has been barred by e$tincti'e prescription :%,.;, and such
instrument may be prejudicial to said title.
%. #laintiff must return to the defendant all benefits he may ha'e recei'ed from the latter or
reimburse him for e$penses that may ha'e redounded to his benefit. :%,1;
Ist"ces of Clou' of title
1. +n absolute fictitious contract of sale or a sale with simulated consideration.
2. + sale by an agent without written authority or after e$piration of his authority.
!. + forged contract.
%. + contract of sale or donation which has become inoperati'e because of non2performance by the
'endee or donee of a condition precedent.
). + 'oidable contract.
P#esc#ipti$e Pe#io'2
1. #laintiff in possession2 imprescriptible
2. #laintiff not in possession2 13 :ordinary;R !3:e$traordinary;
Actio to Kuiet title 'oes ot "pply2
1.5o 6uestions in'ol'ing interpretation of documents.
2. For mere written or oral assertions of claims, e$ceptF
a. if made in a legal proceeding
b. if it is being asserted that the instrument or entry in plaintiffOs fa'or is not what it purports to
!. 5o boundary disputes%ibid&
%. 5o deeds by strangers to the title LN7-00 purporting to con'ey the property of the plaintiff.
). Where the 'alidity of the instrument in'ol'es pure 6uestions of law.
0"sis Actio to +uiet Title Actio to Re(o$e Clou'
#urpose #ut an end to 'e$atious
#rocure cancellation, release
of an instrument,
encumbrance or claim in the
plaintiffOs title which affects the
title or enjoyment of the
Nature #laintiff asserts own claim and
declares that the claim of the
defendant is unfounded and
calls on the defendant to
justify his claim on the
property that the same may
be determined by the court
#laintiff declares his own claim
and title, and at the same time
indicates the source and
nature of the defendantOs
claim, pointing its defects and
prays for the declaration of its
<! .ei#s of M! N"*"Bo $s! CA- =Free #atent issued o'er pri'ate land is null and 'oid>
=! Ro(" C"t&olic A#c&bis&op of C"ce#es $s! .ei#s of M! Abell"- =5he finding in the case
for 6uieting title pre'ails o'er the ruling in the forcible entry case.>
7! Met#opolit" 0"; A T#ust Co! $s! AleJo- =5he judgment of trial court cancelling the 5C5 in
the name of the mortgagor without notice to the mortagee2ban9 cannot be considered a cloud on
the mortgageeOs title or interest o'er the property, which does not ha'e any semblance of a title.>
Lia/ility for ,a!ages
1. collapse within 1) years from completion2 engineer, architect or contractor :1,2!;
2. in danger of fallingDstate may compel owner to demolish or ma9e necessary wor9 to pre'ent
from falling :%.2.1;
!. if no action by owner2 done by go'ernment at the e$pense of owner :%.2.2;
EEE5he complainant must show that his property is adjacent to the dangerous construction, or must
ha'e to pass by necessity in the immediate 'icinity.
@1u" F! N";pil A Sos $s! CA- =5he contractor and architect are liable for the damage
sustained by a building because of an earth6ua9e. Ca'ing made substantial de'iations from the
plans and specifications, ha'ing failed to obser'e re6uisite wor9manship in construction, and the
architect made plans that contain defects and inade6uacy, both of them cannot escape liability. 5o
constitute an act of /od the following re6uisites must concurF 1; the cause of the breach of
obligation must be independent of the will of the debtor 2; the e'ent must be either unforeseeable
or una'oidable !; the e'ent must be such as to render it impossible for the debtor to fulfil his
obligation in a normal manner %; the debtor must be free from any participation in or aggra'ation of
the injury to the creditor.
2 is that form of ownership which e$ists whene'er an undi'ided thing or right belongs to different
persons. :%.%;
1. #lurality of 0ubjectsUmany owners
2. unity of material :indi'ision of object; of ownership
!. recognition of ideal shares
C"uses-Sou#ces (LCS FOD)
1. l"%2 i.e. easement of part wallsR absolute community of property b4w spouses
2. cot#"cts
!. successio
%. fo#tuitous e'ent or by chance2 commi$tion
). occup"cyU2 persons catch a wild animal
*. 'o"tio
:i's of Co-O%e#s&ip (LOC C,SI)
1. Le*"l2 created by law
2. O#'i"#y2 "ight of partition e$ists
!. Co(pulso#y2 no right of partition e$ists :party wall;
%. Cot#"ctu"l2 created by contract
). ,i$e#s"l2 o'er uni'ersal things :co2heirs;
*. Si*ul"# or #articular2o'er particular or specific thing
,. Ici'et"l2 e$ists independently of the will of the parties
'egal (ersonality No 7egal #ersonality Cas legal4juridical personality
)ource Created by contract or other
Created by contract only
:e$press or implied;
(urpose Collecti'e enjoyment of a thing #rofit
*erm +greement for it to e$ist for 13
yearsU'alid:if more than 13
years, the e$cess is 'oid;
NO5-F 23 years is the
ma$imum if imposed by the
testator or donee of the
common property
No term limit set by law
+epresentation +s a rule, no mutual
+s a rule, there is mutual
$ffect of ,eath Not dissol'ed &issol'ed
)ubstitution Can dispose of his share
without consent of others
Cannot substitute another as a
partner in his place without
consent of others
(rofits ust always depend on
proportionate shares
ay be stipulated upon
)hares (n'ol'es a physical whole. 8ut
there is an ideal :abstract;
di'isionR each co2owner being
the owner of his ideal share
(n'ol'es a physical whole. 8ut
there is no ideal :abstract;
di'isionR each and all of them
own the whole thing.
,isposal of )hares -ach co2owner may dispose of
his ideal or undi'ided share
:without boundaries; without the
otherOs consent
-ach co2owner may not dispose
of his own share without the
consent of all the rest, because
he really has no ideal share
$ffect of ,eath (f a co2owner dies his share
goes to his own heirs
(f a joint tenant dies, his share
goes by accretion to the other
joint2tenants by 'irtue of their
sur'i'orship or -us accrecendi
$ffect of ,isability (f a co2owner is a minor, this
does not benefit the others for
the purpose of prescription, and
prescription therefore runs
against them.
(f one joint2tenant is under legal
disability :li9e minority;, this
benefits the other against whom
prescription will not run
1. "ights to beefits proportional to respecti'e interestsR stipulation to the contrary is 'oid. :%.);
2. "ight to use the thing co2owned :%.*;
a. for purpose for which it was intended
b. without prejudice to interest of ownership
c. without pre'enting other co2owners from ma9ing use thereof
!. "ight to c&"*e purpose of co2ownership by agreement :%.*;
%. "ight to bring an "ctio fo# eJect(et in behalf of the other co2owner :%.,;
). "ight to compel co2owners to cot#ibute to necessary e$penses and ta$es :%..;
*. "ight to e)e(pt himself from obligation of paying necessary e$penses and ta$es by renouncing
his share in the pro2indi'iso interestR but canOt be made if prejudicial to co2ownership :%..;
,. "ight to ma9e #ep"i#s for preser'ation of things can be made at will of one co2ownerR recei'e
reimbursement therefromR notice of necessity of such repairs must be gi'en to co2owners, if
practicable. :%.1;
.. "ight to full o%e#s&ip of his part and fruits. :%1!;
1. "ight to "lie"te, assign or mortgage own partR e$cept personal rights li9e right to use and
habitation. :%1!;
13. "ight to as9 for p"#titio anytime :%1%;
11. "ight to p#e-e(ptio (i #el"tio to i(p#esc#iptibility->9>)
12. "ight to #e'e(ptio in case the shares of all the other co2owners or any of them are sold to a
person (C"'"* $s! T#i"es) (<D=8)
1!. "ight to be "'Ju'ic"te' the thing :subject to right of others to be indemnified;
1%. "ight to share in p#ocee's of sale of thing if thing is indi'isible and they cannot agree that it be
allotted to one of them. :%1.;
1. 0hare in charges proportional to respecti'e interestR stipulation to the contrary is 'oid.:%.);
2. #ay necessary e$penses and ta$esUmay be e$ercised only by one co2owner. :%..;
!. #ay useful and lu$urious e$penses if determined by majority :%.1, %12;
%. &uty to obtain consent of all if the thing is to be altered e'en if beneficialR resort to court if non2
consent is manifestly prejudicial. :%11;
). &uty to obtain consent of majority with regards to the administration and better enjoyment of the
thingR controlling interestR court inter'ention if prejudicialUappointment of administrator. :%12;
*. No prescription to run in fa'or of a co2owner as long as he recogniAes the co2ownership :%1%;R
re6uisites for ac6uisition through prescriptionF
a. he has repudiated through une6ui'ocal acts
b. such act of repudiation is made 9nown to the other co2owners
c. e'idence must be clear and con'incing
d. his possession is open, continuous, e$clusi'e and notorious. (A''ille $s! CA)
,. Co2owners cannot as9 for physical di'ision if it would render the thing unser'iceableR but can
terminate co2ownership. :%1);
.. +fter partition, duty to render mutual accounting of benefits and reimbursement of e$penses
1. (ndemnity for damages caused by reason of negligence and fraud. :)33;
13. "eciprocal warranty for defects of title or 6uality of the portion assigned to the owner.:)33;
- 5he di'ision between two or more persons of real or personal property which they own in
common so that each may enjoy and possess his sole estate to the e$clusion of and without
interference from others.
6ee#"l Rule2 No co2owner shall be obliged to remain in the co2ownership. -ach co2owner may at
any time demand the partition of the thing owned in common, insofar as his share is concerned.
E)ceptio2 When a co2owner may not successfully demand a partition
1. (f by agreement :for a period not e$ceeding 13 years; partition is prohibited. :%1%;
2. When partition is prohibited by a donor or testator :for a period not e$ceeding 23 years; from
whom the property came. :%1%;
!. When partition is prohibited by law. :%1%;
%. When a physical partition would render the property unser'iceable :%1);, but in this case, the
property may be allotted to one of the co2owners, who shall indemnify the others, or in case of
disagreement it will be sold, and the proceeds distributed. :%1.;
). When the legal nature of the common property does not allow partition.
6ee#"l Rule2 #rescription does not ad'ersely affect a co2owner or co2heir. + co2owner cannot
ac6uire the whole property as against the other co2owners.
E)ceptio2 'alid repudiationUprescription shall start from such repudiation
E)ceptio to t&e E)ceptio2 (n constructi'e trusts prescription does not run.
Positi$e Acts of Repu'i"tio
1. Filing by a trustee of an action in court against a trustor to 6uiet title to property or for reco'ery of
ownership thereof, held in possession by the former, may constitute an act of repudiation of the
trust reposed on him by the latter.
2. 5he issuance of the certificate of title, and the lapse of more than 23 years, open and ad'erse
possession as owner would certainly suffice to 'est title by prescription.
!. +n action for recon'eyance of land based on implied or constructi'e trust prescribes within 13
years and it is from the date of the issuance of such title that the effecti'e assertion of ad'erse title
for purposes of the statute of limitation is counted.
%. When one who is an apparent administrator of property causes the cancellation of the title
thereto in the name of the apparent beneficiaries and gets a new certificate of title in his own
). -$ecution of a deed of partition and on the strength thereof cancellation of title to the property
was obtained in the name of the predecessor and the issuance of a new one wherein plaintiff
appears as new owner. (De li(" $s! CA)
A#t! >9E! C#e'ito#s o# Assi*ees of co-o%e#s c"ot i(pu* "y p"#titio "l#e"'y e)ecute'
uless t&e#e &"s bee f#"u' o# ("'e ot%it&st"'i* " fo#("l oppositio!
<! Cosoli'"tio or merger in one co2owner.
=! AcKuisiti$e prescription in fa'or of a !
person or a co2owner who repudiates the co2ownership.
7! Loss or destruction of property co2owned.
>! S"le of property co2owned
?! Te#(i"tio of period agreed upon by the co2owners.
D! E)p#op#i"tio
E! P"#titio :Kudicial or -$trajudicial;
<! M"#i"o $s! CA- ="edemption of the whole property by a co2owner does not 'est in him sole
ownership o'er said property. "edemption within the period prescribed by law by a co2owner will
inure to the benefit of all co2owners. Cence, it will not put an end to e$isting co2ownership.>
=! C"bi*"o $s! Li(- =+ccounting should be with respect to net proceeds not the gross proceeds
deri'ed from the sale>
7! A*uil"# $s! CA- =When petitioner filed an action to compel the sale of the property and the
trial court granted the petition, the co2ownership was deemed terminated and the right to enjoy the
possession jointly also ceased. 5hereafter, the continued stay of respondent and his family in the
house prejudiced the interest of the petitioner as the property should ha'e been sold and the
proceeds di'ided e6ually between them. "espondent should be held liable for monthly rentals.>
7! 0"##eto $s! CA- =-'en if a co2owner sells the whole property as his own, or without the
consent of the other co2owners, the sale is 'alid insofar as his ideal 6uota is concerned unless the
sale is authoriAed by the other co2owners.>
>! /'"! De C"st#o $s! AtieC"- =(f a lease could be entered into partially by a co2owner insofar
as his interest is concerned, then, he can also cancel his own lease independently of the other co2
owner. 5herefore, a co2owner who cancels a lease of his share of a property is liable on his
e$press underta9ing to refund the ad'ance rental paid to him by the lessee.>
?! Tu"so $s! Tu"so- =When co2owners agreed to subdi'ide a parcel of land into small lots
and then di'ide the parcels among them, such obligation is a mere incident to the main object of
dissol'ing the co2ownership. 8y 'irtue of the document the parties thereto practically and
substantially entered into a contract of partnership as the ebst and most e$pedient means of
e'entually dissol'ing the co2ownership.>
D! /'"! De Espi" $s! Ab"y"2 =5he 0tatute of Frauds does not apply to partition because it is
not legally deemed a con'eyance or a sale of property resulting in change of ownership but simply
a segregation and designation of that part of the property which belongs to each of the co2owners.>
E! De S"tos $s! 0"; of P&il! Isl"'s- =Creditors and assignees ha'e the right to be notified
of a partition, such absence would ma9e the partition e$ecuted not binding on them.>
F! L"*u" $s! Le$"tio-=5he sole fact of a co2owner ha'ing declared the lands in 6uestion in
his name for ta$ purposes nor the payment of land ta$es, constitutes no such une6ui'ocal act of
repudiation amounting to an ouster of the other co2owner and cannot constitute ad'erse
possession as basis for title by prescription.>
9! A'ille $s! CA- =5he torrens title does not furnish shield of fraud. 5hus, where one registered
the property in 6uestion in his name in fraud of his co2heirs, prescription can only be deemed to
ha'e commenced from the time the latter disco'ers the fraudulent act.>
22&ifferent stories of a house belong to different owners. +lthough there are apparently separate
and distinct properties, these are indestructi'ely united for their ornamentation and use and e'en
for their 'ery e$istence with other necessary and essential things which are the main and party
walls, the roof and other things used in common. :%13;
22 5his is to be distinguished from a CONDOMINI,M, which is a building consisting of se'eral
stories, each story being di'ided into different units owned by different persons who are members
or shareholders of a condominium corporation.
Co'o(iiu(- an interest in real property consisting of a separate interest in a unit in a
residential, industrial, or commercial building and an undi'ided interest in common directly or
indirectly, in the land on which it is located and in other common areas of the building.
E5itle to the common areas may be held by a corporation specially formed for the purpose, in
which holders of separate interests automatically become members or shareholders.
,it- means a part of the condominium project intended for any type of independent use or
ownership, including accessories appended.
P#oJect- the entire parcel of real property di'ided, including all structures thereon.
Co((o "#e"s2 means the entire project e$cepting all units separately granted or held or
To 'i$i'e real property2 means to di'ide the ownership thereof or other interest therein by
con'eying one or more condominiums therein but less than the whole thereof.
#roperty di'ided or to be di'ided into condominiums only if there shall be recorded in the "egister
of &eeds of the pro'ince or city in which the property lies and duly annotated in the corresponding
certificate of title of the land, if the latter had been patented or registered under either the 7and
"egistration or Cadastral +cts, an e"bli* o# ("ste# 'ee' which shall contain, among others,
the followingF
:a; &escription of the land on which the building or buildings and impro'ements are or are to be
:b; &escription of the building or buildings, stating the number of stories and basements, the
number of units and their accessories, if anyR
:c; &escription of the common areas and facilitiesR
:d; + statement of the e$act nature of the interest ac6uired or to be ac6uired by the purchaser in
the separate units and in the common areas of the condominium project. Where title to or the
appurtenant interests in the common areas is or is to be held by a condominium corporation, a
statement to this effect shall be includedR
:e; 0tatement of the purposes for which the building or buildings and each of the units are intended
or restricted as to useR
:f; + certificate of the registered owner of the property, if he is other than those e$ecuting the
master deed, as well as of all registered holders of any lien or encumbrance on the property, that
they consent to the registration of the deedR
:g; 5he following plans shall be appended to the deed as integral parts thereofF
:1; + sur'ey plan of the land included in the project, unless a sur'ey plan of the same property
had pre'iously bee filed in said officeR
:2; + diagrammatic floor plan of the building or buildings in the project, in sufficient detail to
identify each unit, its relati'e location and appro$imate dimensionsR
:h; +ny reasonable restriction not contrary to law, morals or public policy regarding the right of any
condominium owner to alienate or dispose of his condominium.
+ny transfer or con'eyance of a unit or an apartment, office or store or other space therein, shall
include the transfer or con'eyance of the undi'ided interests in the common areas or, in a proper
case, the membership or shareholdings in the condominium corporationF (rovided, however, 5hat
where the common areas in the condominium project are owned by the owners of separate units
as co2owners thereof, o co'o(iiu( uit t&e#ei s&"ll be co$eye' o# t#"sfe##e' to
pe#sos ot&e# t&" Filipio citiCes3 o# co#po#"tios "t le"st si)ty pe#cet of t&e c"pit"l
stoc; of %&ic& belo* to Filipio citiCes, e)cept i c"ses of &e#e'it"#y successio!
Ici'ets of " co'o(iiu( *#"t
:a; 5he boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings,
windows and doors thereof.
5he following are not part of the unit bearing walls, columns, floors, roofs, foundations and other
common structural elements of the buildingF
lobbies, stairways, hallways, and other areas of common use, ele'ator e6uipment and shafts,
central heating, central refrigeration and central air2conditioning e6uipment, reser'oirs, tan9s,
pumps and other central ser'ices and facilities, pipes, ducts, flues, chutes, conduits, wires and
other utility installations, where'er located, e$cept the outlets thereof when located within the unit.
:b; 5here shall pass with the unit, as an appurtenance thereof, an e$clusi'e easement for the use
of the air space encompassed by the boundaries of the unit as it e$ists at any particular time and
as the unit may lawfully be altered or reconstructed from time to time. 0uch easement shall be
automatically terminated in any air space upon destruction of the unit as to render it untenantable.
:c; Lnless otherwise, pro'ided, the common areas are held in common by the holders of units, in
e6ual shares, one for each unit.
:d; + non2e$clusi'e easement for ingress, egress and support through the common areas is
appurtenant to each unit and the common areas are subject to such easements.
:e; -ach condominium owner shall ha'e the e$clusi'e right to paint, repaint, tile, wa$, paper or
otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors
bounding his own unit.
:f; -ach condominium owner shall ha'e the e$clusi'e right to mortgage, pledge or encumber his
condominium and to ha'e the same appraised independently of the other condominiums but any
obligation incurred by such condominium owner is personal to him.
:g; -ach condominium owner has also the absolute right to sell or dispose of his condominium
unless the master deed contains a re6uirement that the property be first offered to the
condominium owners within a reasonable period of time before the same is offered to outside
6ENERAL Rule2 Common areas shall remain undi'ided and there shall be no judicial partition
:a; 5hat t&#ee ye"#s after damage or destruction to the project which renders material part thereof
unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state
prior to its damage or destruction, or
:b; 5hat damage or destruction to the project has rendered oe-&"lf o# (o#e of the units therein
untenantable and that condominium owners holding in aggregate (o#e t&" t&i#ty pe#cet
ite#est in the common areas are opposed to repair or restoration of the projectR or
:c; 5hat the project has been in e$istence i e)cess of fifty ye"#s, that it is obsolete and
uneconomic, and that condominium owners holding in aggregate (o#e t&" fifty pe#cet interest
in the common areas are opposed to repair or restoration or remodeling or moderniAing of the
projectR or
:d; 5hat the project or a material part thereof has been condemned or e$propriated and that the
project is no longer 'iable, or that the condominium owners holding in aggregate (o#e t&"
se$ety pe#cet ite#est in the common areas are opposed to continuation of the condominium
regime after e$propriation or condemnation of a material portion thereofR or
:e; 5hat the conditions for such partition by sale set forth in the declaration of restrictions, duly
registered ha'e been met.
:a; +s to any such management bodyR
:b; 5he manner and procedure for amending such restrictionsF #ro'ided, 5hat the 'ote of not less
than a majority in interest of the owners is obtained.
:c; For independent audit of the accounts of the management bodyR
:d; For reasonable assessments to meet authoriAed e$penditures, each condominium unit to be
assessed separately for its share of such e$penses in proportion :unless otherwise pro'ided; to its
owners fractional interest in any common areasR
:e; For the subordination of the liens securing such assessments to other liens either generally or
specifically describedR
:f; 0uch right to partition or dissolution may be conditioned upon failure of the condominium owners
to rebuild within a certain period or upon specified inade6uacy of insurance proceeds, or upon
specified percentage of damage to the building, or upon a decision of an arbitrator, or upon any
other reasonable condition.
Te#( of " co'o(iiu( co#po#"tio. Co2terminus with the duration of the condominium project,
the pro'isions of the Corporation 7aw to the contrary notwithstanding.
I$olut"#y 'issolutio of " co'o(iiu( co#po#"tio! Effect!
5he common areas owned or held by the corporation shall, by way of li6uidation, be transferred
pro2indi'iso and in proportion to their interest in the corporation to the members or stoc9holders
thereof, subject to the superior rights of the corporation creditors. 0uch transfer or con'eyance
shall be deemed to be a full li6uidation of the interest of such members or stoc9holders in the
corporation. +fter such transfer or con'eyance, the pro'isions of this +ct go'erning undi'ided co2
ownership of, or undi'ided interest in, the common areas in condominium projects shall fully apply.
Co#po#"tio ot /olut"#y Dissol$e' if M"ste# 'ee' ot #e$o;e'3 e$cept if conditions on
partition is present:0ec. .;.
Affi#("ti$e $ote of "ll t&e stoc;&ol'e#s o# (e(be#s t&e#eof "t " *ee#"l o# speci"l (eeti*
'uly c"lle' fo# t&e pu#pose3 dissol'es the corporation pro'ided re6uirements of Corporation 7aw
Affi#("ti$e $ote of "ll t&e stoc;&ol'e#s o# (e(be#s necessary to dispose, lease, e$change of
common areas owned or held by it in the condominium project
O%e#s&ip of 5"te#s
T&e follo%i* belo* to t&e st"te2 (RCL SASS)
a. Ri$e#s and their natural bedsR
b. Cotiuous o# ite#(ittet %"te#s of springs and broo9s running in their natural beds and the
beds themsel'es
c. Natural l";es and lagoonsR
d. +ll other categories of su#f"ce %"te#s such as water flowing o'er lands, water form rainfall
whether natural or artificial, and water from agriculture runoff, seepage and drainageR
e. At(osp&e#ic waterR
f. Subte##"e" or ground waterR and
g. Se"%"te#
T&e follo%i* %"te#s fou' o p#i$"te l"'s "lso belo* to t&e St"te (CLRSS)
a. Cotiuous o# ite#(ittet waters rising on such landsR
b. L";es "' l"*oos naturally waters rising on such landsR
c. R"i %"te# and falling on such landsR
d. Subte##"e" or ground watersR and,
e. Waters in s%"(ps "' ("#s&es.
E5he owner of the land where the water is found may use the same for 'o(estic pu#poses
%it&out secu#i* " pe#(it, pro'ided that such use shall ha'e been registered, when re6uired by
the Council. 5he Council, howe'er, may regulate such use when there is wastage, or in times of
E +ny person who captures or collects water by means of cisterns, tan9s, or pools shall ha'e
e$clusi'e control o'er such water and the right to dispose of the same.
E Water legally appropriated shall be subject to the control of the appropriator from the moment it
reaches the appropriatorVs canal or a6ueduct leading to the place where the water will be used or
stored and, thereafter, so long as it is being beneficially used for the purposes for which it was
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Li'estoc9 raising
g. Industrial
h. Recreational
i. Other purposes
EE+ person may appropriate or use natural bodies of water without securing a water permit for any
of the following.
a. +ppropriation of water by means of hand carried receptaclesR and
b. 8athing or washing, watering or dipping of domestic or farm animals, and na'igation of
watercrafts or transportation of logs and other objects by flotation.
EEOnly citiAens of the #hilippines, of legal age, as well as juridical persons, who are duly 6ualified
by law to e$ploit and de'elop water resources, may apply for water permits.
EEWater rights may be lent or transferred in whole or in part to another person with prior appro'al of
the Council, after due notice and hearing.
EE+ holder of a water permit may demand the establishment of easements necessary for the
construction and maintenance of the wor9s and facilities needed for the beneficial use of the
waters to be appropriated subject to the re6uirements of just compensation and to the following
a. 5hat he is the owner, lessee, mortgage or one ha'ing real right o'er the land upon which he
purposes to use waterR and
b. 5hat the proposed easement is the most con'enient and the least onerous to the ser'ient estate.
EE5he utiliAation of subterranean or ground water shall be coordinated with that of surface waters
such as ri'ers, streams, springs and la9es, so that a superior right in one is not ad'ersely affected
by an inferior right in the other.
For this purpose, the Council shall promulgate rules and regulations and declare the e$istence of
control areas for the coordinated de'elopment, protection, and utiliAation of subterranean or
ground water and surface waters.
Cot#ol "#e" is an area of land where subterranean or ground water and surface water are so
interrelated that withdrawal and use in one similarly affects the other. 5he boundary of a control
area may be altered from time to time, as circumstances warrant.
EEWater contained in open canals, a6ueducts or reser'oirs of pri'ate persons may be used by any
person for domestic purpose or for watering plants as long as the water withdrawn by manual
methods without chec9ing the stream or damaging the canal, a6ueduct or reser'oirR #ro'ided, 5hat
this right may be restricted by the owner should it result in loss or injury to him.
EE When a drainage channel is constructed by a number of persons for their common benefit, cost
of construction and maintenance of the channel be borne by each in proportion to the benefits
EE When artificial means are employed to drain water from higher to lower land, the owner of the
higher land shall select the routes and methods of drainage that will cause the minimum damage to
the lower lands, subject to the re6uirements of just compensation.
EE When a water resources project interferes with the access of landowner to a portion of his
property or with the con'eyance of irrigation or drainage water, the person or agency constructing
the project shall bear the cost of construction and maintenance of the bridges, flumes and other
structures necessary for maintaining access, irrigation, or drainage in addition to paying
compensation for land and incidental damages.
EE7ower estates are obliged to recei'e the waters which naturally and without the inter'ention of
man flow from the higher estates, as well as the stones or earth which they carry with them.
5he owner of the lower estate can not construct wor9s which will impede this natural flow, unless
he pro'ides an alternati'e method of drainageR neither can the owner of the higher estate ma9e
wor9s which will increase this natural flow.
EE5he ban9s or ri'ers and streams and the shores of the seas and la9es throughout their entire
length and within a Aone of three :!; meters in urban areas, twenty :23; meters in agricultural areas
and forty :%3; meters in forest areas, along their margins, are subject to the easement of public use
in the interest of recreation, na'igation, flotage, fishing and sal'age. No person shall be allowed to
stay in this Aone longer than what is necessary for recreation, na'igation, flotage, fishing or
sal'age or to build structures of any 9ind.
EE+ny person may erect le'ees or re'etments to protect his property from flood, encroachment by
the ri'er or change in the course of the ri'er, pro'ided that such constructions does not cause
damage to the property of another.
EEWhen a ri'er or stream suddenly changes its course to tra'erse pri'ate lands, the owners or the
affected lands may not compel the go'ernment to restore the ri'er to its former bedR nor can they
restrain the go'ernment from ta9ing steps to re'ert the ri'er or stream to its former course. 5he
owners of the lands thus affected are not entitled to compensation for any damage sustained
thereby. Cowe'er, the former owners of the new bed shall be the owners of the abandoned bed
proportion to the area lost by each.
5he owners of the affected lands may underta9e to return the ri'er or stream to its old bed at their
own e$penseR #ro'ided, 5hat a permit therefore is secured from the 0ecretary of #ublic Wor9s,
5ransportation and Communication and wor9 pertaining thereto are commenced within two years
from the changes in the course of the ri'er or stream.
Possessio- 5he holding of a thing or the enjoyment of a right.
ReKuisites2 (OIR)
1. Occupancy, apprehension, or ta9ing of a thing or right ;(ossession in fact<
2. &eliberate intention to possess ;ani!us (ossidendi<
!. 8y 'irtue of oneOs own #ightUin his own name or in that of another. :)2%;
Fo#(s o# De*#ees of Possessio (511F)
1. #ossession %it&out "y titleUmere holding without any right at all. -$. 5hief or s6uatter.
2. #ossession %it& Ju#i'ic"l titleUpredicated on juridical relation e$isting between the possessor
and the owner. -$. 7essee, usufructuary, depositary, agent, pledgee and trustee.
!. #ossession with Just title sufficiet to t#"sfe# o%e#s&ip. -$. 0eller is not the true owner or
could not transmit his right thereto to a possessor who acted in /F.
%. #ossession with a title i fee si(pleUderi'ed from the right of dominion or possession of an
owner. 5his is the highest degree of possession.
Cl"sses of Possessio (6O 0A.O)
1. #ossession in oeIs o% "(eUpossessor claims the thing4right for himself. :)2%;
2. #ossession in "(e of "ot&e#Upossessor holds the thing4right owned by another. :)2%;
NoteF 0ubject to ratification if not authoriAed by principal.
5his may beF
a. #hysical or material #ossessionF as when possessor is a mere custodian :i.e. possession of
money by a ban9 teller.
b. KuridicalF when possession gi'es the transferee a right o'er the thing which the transferee
may set2up against the owner. :i.e. possession of an agent who recei'es the proceeds of sales of
goods deli'ered to him in agency by his principal;
a. SoluntaryUagent possesses for the principal
b. Necessary4legalUas when a mother possesses for a child still in the maternal womb or
incapacitated. #ossession in behalf of juridical entities.
c. LnauthoriAed :negotiorum gestio;Uthis will become the principalOs possession only after
there has been a ratification without prejudice to the effects of negotiorum gestio.
!. #ossession in the cocept of o%e#Upossessor by his actions is considered or is belie'ed by
other people as the owner regardless of good faith or bad faith.:)2);
Note= #ossessor may be the owner himself or an ad'erse possessor.
#ffects= a. ay be con'erted into ownership through ac6uisiti'e prescription
b. +n action may be brought to protect possession
c. ay as9 for inscription of possession
d. &emand fruits and damages from one unlawfully detaining property
%. #ossession in the cocept of &ol'e#Upossessor ac9nowledges that there is a superior right
o'er the thing by another person, which is ownership. :)2);
-$amplesF Lsufructuary, 7essee, bailee in commodatum.
). #ossession in *oo' f"it&.:)2*;
"e6uisitesF a. #ossessor has a title or mode of ac6uisition :,12;
b. 5here is a flaw or defect in said title or mode
c. #ossessor is unaware or aware of the flaw or defect or belie'es that the thing
belongs or does not belong to him.
*. #ossession in b"' f"it&. :)2*;2 possessor is aware of defect or flaw in his title.
Ist"ces of 0"' F"it&
1. =Where the possessor has always belie'ed that the land in 6uestion did not belong to him.>2
(1"$ie# $! 1"$ie# <98D)
2. =Where the wife was present when her husband entered into the lease contract and was not
ignorant of the defect in her husbandOs alleged prescripti'e title when she pretended to ta9e
possession thereunder.> D (Le#(" $! Del" C#uC <98E)
!. =Where the petitioner ac6uired his interest in the land aware that a litigation concerning the land
was still pending.>U(Ri$e#" $! Mo#" <9=D)
%. =Where a purchaser belie'ed that the seller was the owner of the land sold, which land was
owned by another as e'idenced by the latterOs 5orrenOs title thereto, in 'iew of the presumpti'e
9nowledge of the 5orrenOs title.> (1!M! Tu"so A Co! Ic! $s! Mu("# <9DF)
). =Where the lessee continues to occupy the premises after the period of the lease contract has
already e$pired as he becomes a usurper with no right to legitimately continue in the use and
enjoyment thereof.> (Republic $! Di"C <9E9)
*. =Where the land sold is in the possession of another other than the 'endor, the purchaser must
go beyond the certificate of title and ma9e in6uiries, failing in this purchaser cannot in'o9e good
faith.> (.ei#s of Ro)"s $! CA =88>)
,. =Where the purchaser of land has notice that it is subject to right of repurchase from his 'endor
:'endee a retro in a pre'ious sale; although such right has already lapsed but the title has not yet
been cleared of the encumbrance.> (Co'e $! CA <9F=)
.. =Where one purchased a land, on the certificate of title of which an ad'erse claim was pre'iously
annotated.> (6"#'e# $! CA <9F>)
E)tet of Possessio
1. Actu"l2 occupancy in fact of the whole or at least substantially whole.
2. Cost#ucti$e2 occupancy of part in the name of the whole under such circumstances that the
law e$tends the occupancy to the possession of the whole.
Doct#ie of Cost#ucti$e Possessio
/eneral "uleF =#ossession and culti'ation of a portion of a tract of land under claim of ownership is
constructi'e possession. When for e$ample a person too9 possession of land by planting trees and
constructed building, it was immaterial that the building was unfinished and that he left the place
and 'isited the property intermittently. (t is sufficient that the property was able to be subjected to
his will.> (So(o'io $! CA- <99>)
1. =ere planting of a sign or symbol of possession cannot justify a agellan2li9e claim of dominion
o'er an immense tract of territory> D (L"s"( $! Di#ecto# of L"'s-<97F)
2. =ere culti'ation does not constitute possession under a claim of ownership!4L(Republic $s!
CA <9FF)
!. =ere fact of declaring unculti'ated land for ta$ation purposes and 'isiting it e'ery once in a
while has been held not to constitute acts of possession.>U(R"(i#eC $s! Di#ecto# of L"'s <97>)
%. =&octrine of constructi'e possession does not apply where the possession is wrongful or the part
allegedly constructi'ely possessed is in ad'erse possession of another4L(S"#(ieto $! Les"c"
P#esu(ptios i f"$o# of t&e possesso#
1. Of /ood Faith (?=E)
2. Of continuity of initial good faith M?=FN
!. Of enjoyment in the same character in which possession was ac6uired until the contrary is
pro'ed M?=9N
%. Lninterrupted possession of hereditary property (?77!<)
). #ossession with just title M?D<N
*. #ossession of mo'ables with real property M?>=N
,. -$clusi'e possession of common property M?>7N
.. Continuous possession M??>N
1. Lninterrupted possession M?D<N
13. #ossession during inter'ening period M<<7F!=N
1. "es Communes :pri'ately owned property; W"es NulliusF No OwnerX
2. #roperty of public dominion
!. &iscontinuous ser'itudes
%. Non2apparent ser'itudes
AcKuisitio of Possessio (M5A) M?7<N
1. 8y the ("te#i"l occup"tio of e$ercise of a right :5raditio bre'i manu and traditio constitutum
2. 8y the subjection of the thing or right to our %ill :tradition longa manu and tradition symbolica;
!. 8y proper "cts "' le*"l fo#("lities established for ac6uiring such right of possession.
0y %&o( possessio is "cKui#e' (?7=)
1. #ersonally or by the same person who is to enjoy it.
2. 5hru an authoriAed person or by his legal representati'e or agent
!. 5hru an unauthoriAed person or by any person without any power or authority whate'er
Possessio t&#ou*& successio
1. #ossession of hereditary property is deemed transmitted w4o interruption from moment of death
:if accepted; and if not accepted is deemed ne'er to ha'e possessed the same. M?77N
2. One who succeeds by hereditary title shall not tac9 the bad faith of the predecessors2in2interest
e$cept when he is aware of flaws affecting titleR but effects of possession in good faith shall not
benefit him e$cept from the date of death of decedent. M?7>N
*ime of ac.uisition:
a. Ceir acceptsF from the moment of death since there is no interruption.
b. Ceir refuses or incapacitated to inheritF he is deemed ne'er to ha'e possessed the same
AcKuisitio by Mio#s-Ic"p"cit"te' Pe#sos M?7?N
ay ac6uire material possession but not right to possession. 0uch right to possession may only be
ac6uired through their legal representati'es.
Reso#t to Cou#ts ecess"#y to "cKui#e possessio %&e t&e#e is " possesso# obJecti*
t&e#eto! T&e "pplic"tio of fo#ce o# iti(i'"tio t&e#efo#e coul' ot #esult to "cKuisitio of
possessio! M?7DN
Acts t&"t 'o ot *i$e #ise to p#esu(ptio of "b"'o(et of #i*&t of possessio M?7EN
1. +cts merely tolerated
2. Clandestine or un9nown acts
!. +cts of 'iolence
Coflicts bet%ee se$e#"l cl"i("ts M?7FN
6ee#"l Rule2 #ossession cannot be recogniAed in two different personalities e$cept in case of co2
possession when there is no conflict
P#efe#ece of Possessio
1. #resent of actual possessor shall
2. (f there are two possessors, longer in possession
!. (f dates of possession are the same, possessor with a title :i.e right or document e'idencing his
right to support his possession;
%. (f all the abo'e are e6ual, the fact of possession shall be judicially determined and in the
meantime, the thing shall be placed in judicial deposit.
2ights of 5ossession
1. "ight to be #especte' in his possession and should he be disturbed he shall be protected in or
restored to said possession. H)!1I
2. "ight to secu#e t&e p#ope# %#it to restore him in his possession from a competent court in an
action for forcible entry. H)!1I
!. #ossession ac6uired and enjoyed in the cocept of " o%e# can ser'e as title for ac6uisiti'e
prescription, e'en if acted in 8F H)%3I
%. #ossession in concept of owner has in his fa'or the le*"l p#esu(ptio of Just title. H)%1I
E ust Title- may be written or oral proof. 5itle sufficient to transfer ownership without need of
possessing the property for the period necessary for ac6uiring title by prescription. (t is title that it
true and 'alid.
> Colora/le Title" one which a person has when he buys a thing in good faith, from one who is
not the owner but whom he belie'es to be the owner. 5his is the re6uired title for ac6uisiti'e
prescription (De 1esus $! CA-<997)
@ 5utative Title" one which a person belie'es he has but in fact he has not because there was
no mode of ac6uiring ownership, as when one is in possession of a thing in the mista9en belief that
it had been be6ueathed to him.
). #ossession of real property presumes that mo'ables are included. H)%2I
*. Co2possessors deemed to ha'e e$clusi'ely possessed part which may be allotted to himR
interruption in whole or in part shall be to the prejudice of all. H)%!I
,. #ossessor in good faith entitled to fruits recei'ed before possession is legally interrupted.
:Natural and industrialF recei'ed from the time gathered4se'eredR Ci'il Fruits accrue daily;.
.. "ight to a part of e$penses of culti'ation and net har'est in proportion to time of possession if
there would be any natural or industrial fruits at the time good faith ceases. :Owner has the
option to allow the possessor to finish the culti'ation and gathering of the growing fruits which
shall be considered indemnity for his part of e$penses and net proceedsR if he refuses this
concession he loses the right to be indemnified.; H)%)I
1. #ossessor in /F has the right to be reimbursed for necessary e$penses whether in /F or in
8F. Only #ossessor in /F has the right of retention. H)%*.1I
13. #ossessor in /F has the right to be reimbursed for useful e$penses with right of retention
:Owner has the option to pay e$penses or the increase in 'alue of the property by reason of the
useful e$penses; H)%*.2I
11. #ossessor in /F may remo'e impro'ements if can be done w4o damage to principal thing
unless owner e$ercises option of paying e$penses4increase in 'alue. H)%,I
E Sendor a retro, a homesteader e$ercising his right of repurchase was ordered to refund the
'alue of a house constructed on subject land by a 'endee a retro.U0C ruled that re6uiring the
'endor a retro to return the 'alue of house constructed was illegal. (t being clear that 'endor a retro
is not e$ercising the option to refund the useful e$penses, then the 'endee a retro may remo'e the
house since this can be done without damage to the principal thing. (ncidentally, no right of
retention is granted to the 'endee a retro. (C"l"*" $! CFI D"$"o-<9F8)
12. #ossessor in /F and 8F may not be entitled to payment for lu$urious e$penses but may
remo'e them pro'ided principal is not injured and pro'ided owner does not choose to refund
the amount e$pended. H)%.I
1!. (mpro'ements caused by nature or time shall inure to the benefit of person who has
succeeded in reco'ering possession. H))1I
1%. "ight to possession wild animals while under oneOs control. H)*3I
)ild $ni!als= whether terrestrial or a.uatic/ living in a state of nature independently of and
without the aid and care of man
,o!esticated or Ta!ed $ni!als= animals which are wild or savage by nature but have been
subdued and made use of by man and become accustomed to live in a tamed condition
1). One who reco'ers according to law, possession unjustly lost is deemed to ha'e enjoyed it
without interruption. H)*1I
Li"bilities-Duties of Possesso#
1. #ossessor in 8F must reimburse the 'alue of fruits which the legitimate possessor could ha'e
recei'ed H)%1 in relation to %%!I
E7u$urious e$penses shall not be refunded to #ossessor in 8F but may remo'e impro'ements
without injury and pro'ided lawful possessor does not prefer to retain them by paying their 'alue.
2. 8ear cost of litigation H))3I
!. #ossessor in /F not liable for loss or deterioration e$cept when fraud and negligence
inter'ened. H))2.1I
%. #ossessor in 8F liable for loss or deterioration e'en if caused by fortuitous e'ent. H))2.2I
E#erson who reco'ers possession not obliged to pay for impro'ements which ha'e ceased to
e$ist at the time of occupation. H))!I
0y %ill of t&e Possesso#
1. Ab"'o(et of the thing
2. Assi*(et to another by onerous or gratuitous title
A*"ist t&e 5ill of t&e Possesso#
!. Possession of another if new possession lasted longer than one year:possession as a fact;R
real right not lost until after 13 years.
%. Eminent &omain
). Ac6uisiti'e #rescription
0y Re"so of t&e ObJect
*. Destruction or total loss of the thing
,. 5hing went out of commerce
1. When remained with possessorOs control e'enthough for the time being he may not 9now their
2. With respect to third persons, which are not prejudiced e$cept in accordance with ortgage
7aw and 7and "egistration 7aws. H)),I
!. When agent encumbered property without e$press authority unless ratified H)).I
Possessio of (o$"ble eKui$"let to title M??9N
1. +c6uired in /F
2. Owner has 'oluntarily parted with the possession of a thing
!. #ossession is in the concept of owner
Doct#ie of I##e$i'ic"bilityL#ossession in /F of a mo'able is presumed ownership. (t is
e6ui'alent to a title. No further proof is necessary.
5&e ("y possessio ("y ot be #eco$e#e' if ul"%fully 'ep#i$e' of
1. Where the owner of the mo'able by his co'uct precluded from denying the sellerOs authority
to sell
2. Where the law enables the "pp"#et o%e# to dispose of the mo'able as if he were the true
owner thereof. :#& 1)21R N(7R Warehouse "eceipts 7aw;
!. Where the sale is sanctioned by st"tuto#y or judicial authority
%. Where the sale is made at (e#c&"tIs sto#es, fairs or mar9ets :1)3);
). Where the seller has a $oi'"ble title which has not been a'oided at the time of the sale to the
buyer in /F for 'alue and w4o notice of the sellerOs defect of title :1)3*;
*. Where reco'ery is no longer possible because of p#esc#iptio :11!2;
,. Where the possessor becomes the owner of the thing in accordance with the principle of
fi'e#Is ;eepe# :,11;
2"ight to enjoy the property of another with the obligation of preser'ing its form and substance,
unless the title constituting it or the law otherwise pro'ides. H)*2I
E =+ #erson cannot create a usufruct o'er his own property and at the same time retain ownership
of the same. For usufruct is essentially jus in re alienaR and to be a usufructuary of oneOs own
property is, in law, a contradiction in terms and a conceptual absurdity.>2 M6"boy" $! Cui -<9E<N
1. -ssential
a. "eal right of use and enjoyment :whether registered or not;
b. 5emporary &uration
c. (ts purpose is to enjoy the benefits and deri'e all ad'antages from the object as a
conse6uence of normal use or e$ploitation
d. 5ransmissible
e. ay be constituted on real or personal, consumable or nonconsumable. 5angible or
intangible property.
2. Natural2 those which are ordinarily present but can be eliminated by a contrary stipulation
a. 5he obligation of conser'ing or preser'ing the form and substance of the thing
!. +ccidental2 those which may be present or absent depending upon the stipulation of the parties
a. Whether it be pure or a conditional usufruct
b. 5he number of years it will e$ist
c. Whether it is in fa'or of one person or se'eral
Cl"ssific"tios of ,suf#uct
1. +s to whether or not impairment of object is allowed H)*2I
a. normal
b. abnormal
2. +s to origin H)*!I
a. 7egal2 created by law such as usufruct of the parents o'er the property of their
unemancipated minor
b. Soluntary or con'entional2 created by will of the parties either by donation inter 'i'os or
donation mortis causa
c. i$ed2 ac6uired by prescription such as when belie'ing himself the owner of the property of
an absentee, ga'e in his will the usufruct of the property for the re6uisite prescripti'e period to his
wife and na9ed ownership to his brother and wife possessed it in /F as usufructuary.
!. +s to number of persons enjoying the right H*11I
a. simple
b. multiple
1. simultaneous2 at the same time
2. successi'e2 one after the other
E(n case of multiple usufructuaries, in usufruct created by donation, all the donees must be ali'e
or at least already concei'ed at the time of the perfection of the donation.
%. +s to 6uantity or e$tent of object H)*%I
i. 5otal
ii. #artial
). +s to e$tent of ownerOs patrimony H)1.4)11I
a. Lni'ersalUif o'er the entire patrimony
b. #articular40ingularUif only indi'idual things are included
*. +s to 6uality of 9ind of object
a. of things
i. Normal:or perfect or regular;Uthis in'ol'es non2consumable things where the form and
substance are preser'ed
ii. +bnormal:or imperfect or irregular;Uin'ol'es consumable things
b. of rightsUrights must not be personal or intransmissible in character. :so present and future
support cannot be an object of usufruct;
,. +s to terms or conditions
a. #ureUNo term or condition
b. With a term or period
i. e$ dieUfrom a certain day
ii. in diemUup to a certain day
iii. e$ die in diemUfrom a certain day up to a certain day
c. With a condition
i. "esolutory
ii. 0uspensi'e
,suf#uct Le"se
E)tet Co'ers all fruits and uses as a
/enerally co'ers only a
particular or specific use
N"tu#e (s always a real right (s a real right only if registered,
as in the case of lease of real
property O" if contracted for
more than one year
C#e"to# Can be created only by the
owner, or by a duly authoriAed
agent, acting in behalf of the
5he lessor may or may not be
the owner as when there is a
sublease or when the lessor is
only a usufructuary
O#i*i ay be created by law,
contract, last will or prescription
ay be created as a rule only
by a contractR and by way of
e$ception by law :as in the
case of an implied new lease,
or when a builder has built in
/F on the land of another a
building, when the land is
considerably worth more in
'alue than the building
C"use 5he owner is more or less
passi'e and he allows the
usufructuary to enjoy the thing
gi'en in usufruct
5he owner or lessor is more or
less acti'e and he ma9es the
lessee enjoy
Rep"i#s 5he usufructuary has the duty
to ma9e ordinary repairs
5he lessee generally has no
duty to pay repairs
T")es 5he usufructuary pays for the
annual charges and ta$es on
the fruits
5he lessee generally pays no
As to ot&e# t&i*s + usufructuary may lease the
thing to another
5he lessee cannot constitute a
usufruct on the property leased
ObJect ay be real or personal
(n'ol'es only real property
E)tet What can be enjoyed here are
all uses and fruits of the
7imited to particular use
Co$e#"*e Cannot be constituted on an
easementR but it may be
constituted on the land
burdened by an easement
ay be constituted on a piece
of land held in usufruct
Effect of De"t& Lsually e$tinguished by death
of usufructuary
Not e$tinguished by the death
of the dominant estate
1. "ight to fruits
a. Ci'il Fruits +ccrue &aily H)*1I
i. 8elong to the usufructuary in proportion to the time the usufruct may last
ii. 8oth stoc9 and cash di'idends are considered ci'il fruits
b. (ndustrial and Natural Fruits
i. Fruits pending at the beginning of usufruct H)*,I
belong to the usufructuary
no necessity of refunding the owner for e$penses incurred, but w4o prejudice to
the rights of !
persons :thus if the fruits had been planted by a possessor in /F,
the pending crop e$penses and charges shall be pro2rated b4w said possessor and
the usufructuary
ii. Fruits pending at the termination of usufruct H)*,I
belong to the owner
8L5 the owner must reimburse the usufructuary for ordinary culti'ation
e$penses and for seeds and similar e$penses, from the proceeds of the fruits.
:Cence the e$cess of e$penses o'er the proceeds need not be reimbursed;
2. "ight to Cidden 5reasure as stranger H)**I
!. "ight to enjoy any increase which the thing in usufruct may ac6uire through accession H),1I
%. "ight to personally enjoy the thing in usufruct or lease it to another H),22),,I
"ight to ma9e use for the purpose intended of things which gradually deteriorate and shall
not be responsible for deterioration due to wear and tear and is only obliged to return the thing
in that condition but shall pay indemnity if deterioration was caused by his fraud or negligence
(n case of usufruct on consumables, the usufructuary should pay the appraised 'alue at the
termination of usufruct if the thing4s were appraised when deli'ered. (f there is no appraisal,
return the same 6uantity and 6uality or pay the current price. H),%I
"ight to ma9e use of the dead trun9s :of fruit2bearing trees and shrubs; and those cut2off or
uprooted by accident with obligation to replace them H),)I
"ight to lea'e the dead, fallen or uprooted trun9s if trees or shrubs disappeared through
calamity or e$traordinary e'ent and demand their remo'al from the owner. H),*I
"ight to benefits produced naturally in usufruct of woodland. H),,I
Ce shall ha'e the right to ordinary cutting or felling habitually made by the owner :or
according to customs of the place; if the woodland is a copse or consists of timber for
building. :+ll other cutting down of trees ofther than this should be for the purpose of restoring
or impro'ing things in usufruct and subject to consent of the owner; H),,I
"ight to ma9e necessary thinnings in nurseries H),,I
). "ight to ma9e on the property in usufruct such impro'ements or e$penses he may deem proper
and to remo'e the impro'ements pro'ided no damage is caused to the property H),1I
*. "ight to set2off the impro'ements he may ha'e made on the property against any damage to the
same H).3I
,. "ight to retain the thing until he is reimbursed for ad'ances for e$traordinary e$penses and
ta$es on capital H*12I
II! As to ,suf#uct itself
1. "ight to alienate :or mortgage; the right of usufruct e$cept parental usufruct H),2I
E =+fter a usufrucruary has donated her usufructuary right o'er a certain property she cannot get
it bac9 on the ground that she did not own the properties> QMSeife#t $! 0"c&#"c& <9>EN
2. "ight to bring action and oblige owner thereof to gi'e him proper authority and necessary proof
in a usufruct to reco'er property or a real right H),.I
!. "ight to e$ercise all the rights pertaining to the co2owner with respect to the administration and
collection of fruits or interests from the property, in a usufruct of part of a common property. H).2I
E>5he usufructuary shall be bound by the partition made by the owners of the undi'ided property
although he too9 no part in the partition but the na9ed owner to whom the part held in usufruct has
been allotted must respect the usufruct. 5he right of the usufructuary is not affected by the di'ision
but it is limited to the fruits of said part allotted to the co2owner. (Pic&"y $! +ue#ol <98F)
%. (n usufruct of atured Credits, usufructuary may claim matured credits, collect them and use
and in'est, w? or w?o interest the capital he has collected, in any manner he may deem proper.
(f he has not gi'en security or it is insufficient or he has been e$cused to gi'e one, he may
collect the credits and in'est the capital which must be at interest with the consent of the na9ed
owner or appro'al of the court. H)11I
). (n usufruct of mortgaged immo'ables, the usufructuary is not obliged to pay the debt for the
security of the mortgage. Ce shall ha'e a right to whate'er he may lose by reason of the
attachment of sale of the immo'able for the payment of debt of the owner. H*33I
III! As to "'$"ces "' '"("*es
1. "ight to be reimbursed for indispensable e$traordinary repairs made by him in an amount e6ual
to the increase in 'alue which the property may ha'e ac6uired by reason of such repairs. H)1%I
2. "ight to be reimbursed for ta$es on the capital ad'anced by him H)1,.2I
!. "ight to be indemnified for damages caused to him by the na9ed owner who caused an
alteration which diminished the 'alue of the thing in usufruct H).1I
I/! Ot&e#
1. "ight to ma9e use of the land and materials, when building forming part of the usufruct on
immo'able has been destroyed in any manner H*3,I W0ame rule if Lsufruct is constituted on
building onlyX
2. (f usufructuary shares in insurance of tenement in usufruct, and it was lost, he shall continue in
enjoyment of the new one if one be constructed O" recei'e interest on the insurance indemnity.
1. #ay e$penses to !
persons for culti'ation and production at beginning of the usufruct
2. #ay damages in case of usufruct of mo'able subject to deterioration if such was due to fraud or
negligence of usufructuary.
!. T&ose befo#e t&e usuf#uct be*is H).!I
a. Notice of in'entory of property :appraisal and description of mo'ables;
b. #osting of security
i. Not applicable to parents who are usufructuary of children e$cept when 2
marriage was
contracted and to donor who has reser'ed the usufruct of the property donated H).%I
ii. -$cusedUallowed by ownerR not re6uired by law or no one will be injured H).)I
#ailure to 0ive )ecurity: owner may demand that:
1. immovable be placed under administration
2. "et income may be converted into registered certificates or deposited in bank
3. !apital 4 proceeds of sale of movables be invested in safe securities%5nterest on
proceeds or property under administration belong to the usufructuary&
6. +etain property as administrator but with obligation to deliver net proceeds%after deducting
expenses of administration agreed upon or -udicially allowed& to usufructuary until he gives
sufficient security.
77 !ourt may grant petition not to deliver the furniture/ implements or tools necessary for use of
the usufructuary or industry as security and that he and his family be allowed to live in the
house included in the usufruct/ but he must take an oath. 89:;<
77 =wner may refuse that articles with artistic or sentimental value be sold. *hese shall be
delivered to him if he gives security to the usufructuary for the payment of legal interest on
their appraised value.89:;<
77 >hen the )ecurity given/ usufructuary has a right to proceeds and benefits to the day he is
entitled to receive them%9::&
*?=)$ ,U+5"0 *?$ U)U#+U!*
%. 5a9e care property with diligence of a good father of a family H).1I
). 7iability for negligence or fault of substitute H)13I
*. (f usufruct is constituted on animalsUduty bound to replace dead animals that die from natural
causes or became preyR
if all of them perish w4o fault but due to contagious disease4uncommon e'entUdeli'er those that
are sa'edR
if perish in part due to accidentUcontinue on remaining portion
(f usufruct was constituted on sterile animalsUas if fungible, may be replaced of same 9ind and
6uality. H)11I
,. Obliged to ma9e ordinary repairs. %7=rdinary +epairs- re.uired by wear and tear due to natural
use of the thing and are indispensable for its preservation&
.. Notify the owner when the need for e$traordinary repairs is urgent H)1!I
1. #ermit wor9s and impro'ements by the na9ed owner not prejudicial to the usufruct H)1)I
13. #ayment of annual charges and ta$es affecting fruits H)1*I
11. #ay debts when the usufruct is constituted on the whole of a patrimony H)1.I
E #re'iously contracted debts only unless there is a contrary stipulation
E Not liable for debts in e$cess of the 'alue of the assets recei'ed unless contrary is intended
12. Notify owner of any prejudicial act committed by !
persons H*31I
1!. #ay court e$penses and costs regarding usufruct H*32I
*?=)$ @* *?$ *$+M5"@*5=" =# *?$ U)U#+U!*
1%. "eturn the thing in usufruct to the na9ed owner unless there is a right of retention pertaining to
him :usufructuary; or his heirs for e$traordinary e$penses or ta$es it paid H*12I
1). #ayment of the legal interest on the amount e$pended by owner for e$traordinary repairs H)1%I
1*. #ayment of proper interest on the ta$es on capital paid by the owner H)1,I
1,. (ndemnify the na9ed owner for any losses due to his negligence or of his transferees H).12)13I
1. +lienate thing
2. Construct any wor9s and ma9e any impro'ement or plantings :if rural; pro'ided it does not
diminish the 'alue of usufruct or prejudice the right of usufructuary H)1)I
!. "ight to occupy the land and to ma9e use of materials on Lsufruct of a 8uilding which was
destroyed and a new building was constructed by owner H*3,.2I
%. &emand the return of the thing if the abuse should cause considerable injury to him :owner;, but
shall pay annual net proceeds less e$penses of administration H*13I
1. -$traordinary -$penses
2. -$penses after renunciation of usufruct
!. 5a$es and e$penses imposed directly on capital
%. 7iable for whate'er may be lost by the usufructuary in usufruct of mortgaged immo'ables if
these were sold.
). (f e$propriated for public useUowner may replace it or pay legal interest to usufructuary of net
proceeds of the same. H*31I
*. #ay Lsufructuary the interest on the 'alue :this actually is the insurance recei'ed for the
destroyed building; of the land occupied and materials used by na9ed owner after constructing a
replacement building in Lsufruct of a 8uilding which was destroyed. H*3,.2I
,. #ay annual net proceeds less e$penses of administration if he demanded return of the thing
after it was found out to be in bad use and causes injury to him H*13I
Speci"l ,suf#ucts (POC-/M-PDC)
1. Of pension or income :),3;
2. Of property owned in common :).2;
!. Of cattle4li'estoc9 :)11;
%. On $ineyards and woodlands :),)2),*;
). On (ortgaged #roperty :*33;
*. O'er the entire patrimony :)1.;
,. O'er the things which gradually 'eteriorate :),!;
.. Of consumable property
1. Death of LsufructuaryUunless contrary intention appears
2. E$piration of period of usufruct
!. Merger of usufruct and ownership
%. E$press renunciation of usufructuary
). Total loss of thing
*. Termination of the right of the person constituting the usufruct
,. Prescription
E5hing 7oss in #art, right on the remaining part continues H*3%I
ELsufruct cannot be constituted in fa'or of town, corporation or association for more than )3
ELsufruct with duration dependent on the age of a person :e$pires when person attains a certain
age; subsists e'en if such person die before the period e$pires unless usufruct is e$pressly
granted only in consideration of the e$istence of such person H*3*I
E Lsufruct in fa'or of se'eral persons not e$tinguished until death of last sur'i'or H*11I
E"se(et- an encumbrance imposed upon an immo'able for the benefit of another immo'able
belonging to a different owner. 5he immo'able in fa'or of which the easement is established is
called the 'o(i"t est"teG that which is subject thereto, the se#$iet est"te!
Diffe#eces 0et%ee Se#$itu'e A' E"se(et
1. 0er'itude is the term used in Ci'il 7aw Countries li9e 0pain, while easement is used in common2
law countries li9e -ngland
2. 0er'itude is broader in scope. (n common law, easement is just one form of ser'itude.
!. 0er'itude in Ci'il 7aw refers to both real easement :predial; or to a personal easement. While in
common law easement is always predial or real easement.
C&"#"cte#istics of E"se(et o# Se#$itu'e
1. "eal right but will affect third persons only when registered.
2. (t is enjoyed o'er another immo'able. %*he immovable is understood in its common meaning
such as lands/ buildings/ roads and constructions attached to the soil. 5t is not understood in its
legal sense under @rticle 619 where even birds and fish may be considered immovable properties.&
!. (n'ol'es two neighboring estates. %*he other property must be owned by another owner.&
%. (t is inseparable from the estate to which it is attached and therefore cannot be alienated
independently of the estate. H*1,I
). (t is indi'isible H*1.I
*. "ight is limited by the needs of the dominant owner or estate without possession
,. (t cannot consist in the doing of an act unless the act is accessory in relation to a real easement.
.. (t is a limitation on the ser'ientOs ownerOs rights of ownership for the benefit of the dominant
owner and therefore it is not presumed.
1. (ts cause must be perpetual :as long as the dominant and4or the ser'ient estate e$ists unless
sooner e$tinguished by the causes enumerated by law;
1. +ccording to the anner they are e$ercised. H*1)I
a. ContinuousUtheir use is incessant or may be incessant without the inter'ention of any act of
i. -asement of a6ueduct
ii. -asement of right to support a beam on anotherOs wall
iii. -asement of light and 'iew
b. &iscontinuousUused at inter'als and depend upon the acts of man.
-$ampleF -asement of right of way
2. +ccording to #resence of 0igns (ndicati'e of their e$istence H*1)I
a. +pparentUthose which are made 9nown and continually 9ept in 'iew by e$ternal signs
re'ealing their use and enjoyment by the owner of the dominant estate.
i. Window in a party wall which is 'isible to owners of the party wall
ii. "ight of way if there is a permanent path constructed.
iii. -asement of &am
$xception: +n easement of a6ueduct is always considered apparent for legal purposes H*%*I
b. Non2+pparentUthose which do not show signs of their use and enjoyment.
i. -asement of lateral and subjacent support
ii. -asement of intermediate distance H*,1I
iii. -asement of right of way if there is no 'isible pathway or alley.
i'. -asement of not building to more than a certain height
!. +ccording to purpose of easement or the nature of limitation or obligation of ser'ient owner H*1*I
a. #ositi'eUone which imposes the duty on the owner of the ser'ient estate to do something or
to allow something to be done by the owner of the dominant estate. :0-"S(5L&-0 OF
0LFF-"+NC- or (N5"L0(ON;
i. (f branches of a tree e$tend o'er a neighboring estate, the owner of the latter estate has
the right to demand from the owner of the tree the cutting of the o'erreaching branches H*.3I.
ii. (f the roots of the tree would penetrate into the land of another, the owner of the tree
:ser'ient estate; has the obligation to allow the cutting of the in'ading roots H*.3.2I
iii. -asement of light and 'iew in a party wall H**..1I
i'. -asement of right of way
b. Negati'eUone which prohibits the owner of the ser'ient estate from doing something which
he could lawfully do if the easement did not e$ist. :+lso called 0-"S(5L&-0 OF +805-N5(ON or
7((5+5(ON or "-05"(C5(ON
i. -asement of light created by the ma9ing of an opening in oneOs own wall below the ceiling
joists.H**1I 5he owner of the other tenement cannot construct anything which will obstruct the entry
of light. Were it not for the easement, the owner of the ser'ient estate can construct structures on
his own tenement that could obstruct the light passing through the said opening. Cowe'er, the
dominant owner can object to the construction of any barring structures only after the lapse of ten
years following the receipt by the ser'ient owner of a notarial prohibition restraining him from
ma9ing such bloc9ing structures. H**.I
ii. -asement not to build higher structure which will bloc9 the easement
%. +ccording to party gi'en the benefit
a. real :or predial;Ufor the benefit of another belonging to a different owner.
i. -asement of water where lower estates are obliged to allow water naturally descending
from upper estates to flow into them. :Natural &rainage; H*!,I
b. personalUfor the benefit of one or more persons or community
i. -asement of right of way for passage of li'estoc9 H*),I
). +ccording to right gi'en
a. "ight to partially use the ser'ient estate. $x. +ight of >ay
b. "ight to get specific materials or objects from the ser'ient estate. $x. $asement of ,rawing
c. "ight to participate in ownership. $x. $asement of (arty >all
d. "ight to impede or pre'ent the neighboring estate from performing a specific act of
ownership. $x. $asement of intermediate distances as when the servient estate cannot plant trees
wAo observing certain distances.
*. +ccording to source or origin
a. SoluntaryUconstituted by will or agreement of the parties or by a testator.
b. i$edUcreated partly by agreement and partly by law
c. 7egalUconstituted by law for public use or for pri'ate interest
(. 8y 5itle
1. discontinous and apparent
2. continuous and non2apparent
!. discontinous and non2apparent
((. 8y 5itle B #resciption:13 years irrespecti'e of good faith or bad faith;
1. continuous and apparent
EEComputation of time of #ossession for ac6uisition through prescription H*21I
#ositi'eF From the day the dominant estate began to e$ercise the right :i.e. regarding a
window in a party wall, from the day the opening or window was built H**.I ;
Negati'eF From the time Notarial #rohibition was made on the ser'ient estate.
(((. 8y &eed of "ecognition H*2!I
(S. 8y Final Kudgment H*2!I
S. 8y +pparent sign established by the owner of two adjoining estates should either of the estates
are alienated, unless at the time the ownership is di'ided the contrary is pro'ided in the title of
con'eyance O" sign remo'ed before e$ecution of deed H*2%I
S(. 8y -$proriation
E+bsence of a document or proof showing origin of an easement w4c cannot be ac6uired by
prescription may be cured by a deed of recognition by the owner of the ser'ient estate O" by a
final judgment
1. E$ercise the easement and all necessary rights for its use including accessory easement H*2)I
2. Ma9e on the ser'ient estate all wor9s necessary for the use and preser'ation of the ser'itude,
a. ust be at his own e$pense
b. ust notify the ser'ient owner
c. 0elect con'enient time and manner
d. ust not alter the easement nor render it more burdensome H*2,.1I
!. Renounce totally the easement if he desires e$emption from contribution to e$penses H*2.I
%. As9 for mandatory injunction to pre'ent impairment of his use of the easement H"esolme '.
1. Cannot "lter the easement or render it more burdensome H*2,.1I
2. Notify the ser'ient owner of wor9s necessary for the use and preser'ation of the ser'itude
!. Choose the most con'enient time and manner in ma9ing the necessary wor9s as to cause the
least incon'enience to the ser'ient owner H*2,.2I
%. Contribute to the necessary e$penses if there are se'eral dominant estates in proportion to the
benefits deri'ed from the wor9s H*2..1I
1. Ret"i ownership and possession of the portion of the estate on which the easement is
established H*!3I, e'en if indemnity for the right is gi'en :as in the case of easement of right of
way; H*%1I, unless the contrary has been stipulated.
2. ,se the easement unless depri'ed by stipulation pro'ided that the e$ercise of the easement is
not ad'ersely affected H*!3I and pro'ided further that he contributes to the e$penses in proportion
to benefits recei'es, unless thereOs an agreement to the contrary H*2..2I
!. C&"*e the place or manner of the use of the easement, pro'ided that an e6ually con'enient
substitute is made, w4o injury to the dominant estate. H*21.2I
1. P"y for e$penses incurred for the change of location or form of the easement H*21.2I
2. (n case of impairment, #esto#e conditions to status 6uo at his e$pense plus damages. %(aras/
citing )ancheB +oman&
%5n case of obstruction/ as when the servient owner fences the original right of way/ and offers
an inconvenient substitute/ which is farther and re.uires turning at a sharp angle/ he may be
restrained by in-unctionC+esolme v. 'aBo&
!. Cannot impair the use of the easement H*21.1I
%. Contribute to the e$penses in case he uses the easement, unless there is a contrary stipulation.
1. MER6ER in the same person of the ownership of the dominant and ser'ient estates.
Eerger must be absolute, complete, not temporary.
2. NON-,SER for 13 Years.
Cow computedZ 1. &iscontinuousF from the day on which they ceased to be used
2. ContinuousF from the day on which an act contrary to the same too9 place
ELse by at least one co2owner of the dominant estate of the easement pre'ents prescription as
to the others inasmuch as an easement is indi'isible. H*!!I
!. 0AD CONDITION of either or both of the tenement, in such a case that it cannot be used. :8ut
shall re'i'e if the subse6uent condition again permit its use unless prescription ta9es place.
%. EHPIRATION of the term of the fulfilment of the condition, if easement is temporary or
). REN,NCIATION of the owner of the dominant estate
*. REDEMPTION agreed upon between the owners of the dominant and ser'ient estates.
LE6AL EASEMENTS- are those imposed by law ha'ing their object either public use or the
interest of pri'ate persons. 5hey shall be go'erned by the special laws and regulations relating
thereto, and in the absence thereof, by the Ci'il Code.
1. -asement "elating to 5aters
2. -asement of Right of Way
!. -asement of Party Wall
%. -asement of Light and Siew
). Drainage of 8uilding
*. Intermediate &istances and Wor9s for Certain Constructions and #lantings
,. -asement Against Nuisance
.. Lateral and 0ubjacent 0upport
1. Natural Drainage of 7ands H*!,I
2. Natural Drainage of 8uildings H*,%I
!. -asement on #iparian ban9s for na'igation, floatage, fishing, sal'age and towpath H*!.I
%. -asement of a 'am H*!1, *%,I
). -asement for 'rawing water or for watering animals H*%32*%1I
*. -asement of "6ueduct H*%!2*%*I
,. -asement for the construction of a stop loc9 or sluice gate H*%,I
"atural ,rainage of 'ands
7)ervient $state owner cannot construct works that would divert the flow of water or burden
another tenement/ nor enclosed his land by ditches or fences which would impede the flow
7,ominant $state owner cannot collect water/ nor increase the velocity of the descent by maing
the ground more impervious or less absorbent/ but he may construct works preventing erosion
8'aw on >aters<.
75f the descending waters are the result of artificial development or proceed from industrial
establishments recently set up or are the overflow from irrigation dams/ the owner of the lower
estate shall be entitled to compensation for his loss or damage. %'aw on >aters&
,rainage of Duildings
7=wner of Duilding must construct its roof in such manner that the rain water falls on his own
land or on a street or public place.
7=wner is obliged to collect the water without causing damage to the ad-acent land or tenement.
75f *enement or 'and is sub-ect to easement of receiving water falling from roofsCowner of
such tenement may build in such manner as to receive the water upon his own roof or give it
another outlet 8E;9<.. *his is applicable in places where buildings are constructed in mountainous
or elevated areas and roofings are of different heights. *hose in the lower areas may be receiving
in their roofs rain water coming or falling from neighboring roofs. )ervient owner should provide an
outet for the passage of falling water to public street.
7=utlet of +ain >ater through surrounding housesClike compulsory easement of right of way.
!onditions: %a& "o ade.uate outlet for rain water
%b& =utlet must be at the point of easiest egress
%c& least possible damage
%d& payment of proper indemnity 8E;E<
$asements along +iparian Danks
7*his whether the bank be private or public and whether the river be navigable or not. 8E3:<
7$ntire 'ength and >idth of Fone Durdened of 3 meters along the river margins
$asements of *=> (@*?
7*owpath: road or track that runs alongside the banks of a river/ canal or other inland waterway/
the purpose of which is to allow a land vehicle/ animal or a team of human pullers to tow a boat/
often a barge.
7Danks must be navigable or floatable rivers. 8E3:<
7>idth Fone: %a& 2 metersCanimals %b& 1 meterCpedestrians
$asement of a ,am
7(urpose: *o divert or take water from a river or brook or for the use of any other continuous or
discontinous stream.
7(erson who is to construct and not the owner of the supporting lands or banks must pay
indemnity. 8E3G<
!onstruction of stop lock or sluice gate 8E6;<
7+e.uisites: %a& (urpose must be for irrigation or improvement
%b& !onstruction must be on the estate of another
%c& ,amages must be paid
%d& *hird persons should not be pre-udiced
$asement for drawing water or for watering animals
7=nly for reasons of public use in favor of a town or village after indemnity. 8E6H<
7)ervient estates owners has obligation to allow passage to persons and animals to place
where easements are to be used/ also with indemnity 8E61< +ight of way have a maximum width of
1H meters/ which cannot be altered by owners of the servient estates. ?owever/ the direction of the
path may be changed/ provided use of easement is not pre-udiced.
$asement of @.ueduct
7 +e.uisites: ,ominant estate owner must 8E63< @5S&A
1. 5rove that he can dispose of the water and that it is sufficient for the use for which it is
2. Show that the proposed right of way is the most convenient and the least onerous to 3
3. &ndemnify the owner of the servient estate
7 !annot be imposed on buildings/ courtyards/ annexes or outhouses or orchards or gardens
already existing.%for private interests& 8E66<
7 (ossible >ays: %a& !onstruction of an open or covered canal %b& construction of tubes or pipes
7 )ervient owner may still enclose or fence the servient estate or even build over the a.ueduct
so long as no damage is caused or repairs and cleanings become impossible. 8E69<
-easement or pri'ilege by which one person or a particular class of persons is allowed to pass o'er
anotherOs land, usually through one particular path or line.
"e6uisitesF H*)3I (OANILI)
1. Claimant must be o%e# of enclosed immo'able or one with real right.
2. 5here must be no "'eKu"te outlet to a public highway.
!. 5he right of way must be absolutely ecess"#y.
%. 5he isol"tio must not be due to the claimantOs own act.
). 5he easement must be established at the point le"st prejudicial to the ser'ient estate.
*. 5here must be payment of proper i'e(ity.
E8asis of (ndemnityF H*%1I
a. #ermanent #assageF Salue of 7and occupied P +mount of &amage to 0er'ient -state
b. Necessary #assage :i.e. culti'ation of estate;F +mount of &amage
E Width is dependent on the sufficient needs of the dominant estate H*)1I
E (f the land con'eyed by the grantor :i.e. 'endor, co2owner, e$changer; is surrounded by his
:grantorOs; other estates he shall be obliged to grant right of way w4o indemnity to him.. (n case of
simple donation, donor is indemnified if a right of way is established H*)2I
E (f it is the land of the grantor that was isolated he may demand a right of way after paying
indemnity.. 5he donor howe'er is not re6uired to pay indemnity. H*)!I
E (f right of way is permanentUnecessary repairs are made by the dominant estate owner.. Ce
shall pay a proportionate share of ta$es to ser'ient estate :+ccording to #aras =#roportionate>
means the WCO7- ta$ for the whole estate; H*)%I
@ EHTIN6,IS.MENT OF EASEMENT OF RI6.T OF 5AY(Le*"l-Co(pulso#y Ri*&t of 5"y)
MD??N QNot automatic as the law says ser'ient owner =may demand>
1. Opening of a new road
2. Koining the dominant estate to another:that is the latter becomes also the property of the
dominant owner; which abuts and therefore has access to the public highway. W5he new access
must be ade6uate and con'enientX
E*emporary $asement of +ight of >ayF +s when it is indispensable for the construction, repair,
impro'ement, alteration or beautification of a building to carry materials to estate of another. H*)*I
E$asement of +ight of >ay for the (assage of 'ivestock: H*),I
Width :a$imum;F a. +nimal #athU,) meters
b. +nimal 5railU!,.) meters
c. #assageway for animals under *%34*%1 for wateringU13 meters
-refers to all those mass of rights and obligations emanating from the e$istence and common
enjoyment of wall, fence, enclosures or hedges by the owners of adjacent buildings and estates
separated by such objects.
PARTY 5ALLLa common wall which separates two estates built by common agreement at the
di'iding line such that it occupies a portion of both estates on e6ual parts. (t is a forced co2
0hares of parties cannot be physically
segregated but they can be physically
0hares of the co2owners can be di'ided
and separated physically but before such
di'ision, a co2owner cannot pinpoint to any
definite portion of the property as belonging
to him
No limitation as to use of the party wall for
e$clusi'e benefit of a party
None of the co2owners may use the
community property for his e$clusi'e
Owner may free himself from contributing
to the cost of repairs and construction of a
party wall by renouncing all his rights
#artial renunciation is allowed
1. &i'iding walls of adjoining buildings up to the point of common ele'ation
2. &i'iding walls of gardens or yards situated in cities, towns or in rural communities
!. Fences, walls and li'e hedges di'iding rural lands
Cow #resumption rebuttedZ
a. 5itle to the contrary
b. -$terior signs to the contrary
c. #roof to the contrary
E5itle pre'ails o'er a mere e$terior sign.
:1; Whene'er in the di'iding wall of buildings t&e#e is " %i'o% o# opei*
:2; Whene'er the di'iding wall is, on oe si'e3 st#"i*&t "' plu(b on all its facement, and on the
other, it has similar conditions on the upper part, but the lower part slants or projects outwardR
:!; Whene'er the entire wall is built %it&i t&e bou'"#ies of one of the estatesR
:%; Whene'er the di'iding wall be"#s t&e bu#'e of t&e bi'i* be"(s, floors and roof frame of
one of the buildings, but not those of the othersR
:); Whene'er the di'iding wall between courtyards, gardens, and tenements is constructed in such
a way that the copi* s&e's t&e %"te# upo oly oe of t&e est"tesR
ECo(ing= highest or covering course of a wall often of tile and usually with a sloping top to carry
off water and commonly cut with a drip
:*; Whene'er the di'iding wall, being built of ("so#y, has steppi* stoes, which at certain
inter'als project from the surface on one side only, but not on the otherR
:,; Whene'er lands iclose' by fences or li'e hedges adjoin others which are not inclosed.
E #resumption of party wall applies to ditches and drains opened between two estates. 8ut there is
a rebuttable presumptionF if a deposit of dirt is on one side alone, owner of that side is considered
owner of the ditch. H**1I
E #roportionate contribution to repairs and construction similar to co2ownership, unless there is
total renunciation of the share of one owner, the latter is e$empt H**2I
E When owner of the building supported by a party wall desires to demolish the building he may
also renounce his part2ownership of the wall. Ce howe'er bears the cost of repairs necessary to
pre'ent damage which the demolition may cause. H**!I
E 2e4uisites for &ncreasing the .eight of the 5arty )all MDD>N MDP 0P R6N
1. ust 'o so at his own e$pense
2. ust pay the necessary damages caused e'en if damage is temporary
!. ust bear the costs of maintenance of the portion added
%. ust pay for the increased cost of preser'ation
). ust #econstruct if original wall cannot bear the increased height
*. ust *i'e the necessary additional space of his land if wall is to be thic9ened
EOne desiring the increase height or depth shall be the e$clusi'e owner of the additions, unless the
other owners:who ha'e not contributed in increasing height or depth; pay proportionally the 'alue
of the wor9 at the time of the ac6uisition by other persons outside the original part2ownership and
of the land used for its thic9ness. H**)I
E Lse by the co2owners of the wall is in proportion to their right in the co2ownership. H***I
E Consent of part2owners of a party wall necessary in opening a window H**,I
#ase!ent of Light" right to admit light from the neighboring estate by virtue of the opening of a
window or the making of certain openings.
#ase!ent of -iew"right to make openings or windows to en-oy the view through the estate of
another and the power to prevent all constructions or works which would obstruct such view or
make the same difficult.
E#eriod of #rescription how countedZ H**.I
a. From the time the opening of the window if it is through a party wall
b. From the time of the formal prohibition upon the proprietor of the adjoining land or tenement,
if the window is through a wall on the dominant estate.
E When distances under +rt. *,3 not obser'ed, owner of a wall w4c is not a party wall adjoining a
tenement or a piece of land belonging to another may ma9e in it openings to admit 7(/C5F H**1I
i. a$imum siAeU!3cm. s6uare
ii. 5here must be an iron grating imbedded in the wall
iii. 5here must be a wire screen
225his is referred to as "-05"(C5-& W(N&OW0
E"ules for "-/L7+" W(N&OW0 :*,3;
,irect ViewF +t least 2 meters distance between the wall ha'ing the windows and the boundary
225his is measured from the outer line of the wall when the openings do not project O" from
the outer line of the openings when they project H*,1I
)ideA=bli.ue ViewF +t least *3 centimeters between the boundary line and nearest edge of the
window :0antos '. "ufino;
225his is measured from the di'iding line between the two properties.
,irect -iewCgaining of direct sigt from an opening in a wall parallel to the boundary line wAo
having to extend out or turn oneIs head to see the ad-oining tenement.
Side?o/li4ue viewCgaining of sight of the other tenement from an opening made at an angle
with the boundary line/ such that to be able to see the ad-oining tenement there is a necessity for
putting out or turning oneIs head either to the left or to the right.
E &istances in +rt. *,3 applicable to buildings separated by a public way or a public alley which is
not less than ! meters wide. H*,2I
E When a right has been ac6uired to ha'e direct 'iews, the owner of the ser'ient estate cannot
build thereon at less than a distance of ! meters. +ny stipulation permitting distances less than the
prescribed under +rt. *,3 is 'oid. H*,!I
ENo constructions and plantings near fortified places or fortresses H*,,I
22Fortified #laces4fortressesUmilitary structure for the defense of the 0tate against foreign
EConstruction of +6ueduct, Wells, sewers, furnace, forge, chimney, stable, depository of corrosi'e
substances, machinery or factory w4c are dangerous or no$ious not should obser'e the distances
prescribed regulations and customs of the place. No wai'er or alteration by stipulation is allowed
for reasons of public safety. H*,.I
E #lanting of trees subject to distances pro'ided by ordinances or customs if there be none. (f both
not presentF H*,1I
a. 5all treesU2 meters:minimum; from boundary line to center of the tree
b. 0mall trees or shrubsU)3 cm.:minimum; from boundary line to center of tree or shrub
225his is applicable e'en if trees ha'e grown spontaneously.
E Fruits naturally falling upon adjacent land belong to the owner of said land H*.1I
22Forms of Nuisance H*.2IBN"OS.",)3C
1. oise
2. Jarring
!. offensi'e odor
%. smo9e
). &eat
*. 'ust
,. %ater
.. *lare
L"te#"l Suppo#t--support when the supported and supporting lands are di'ided by a 'ertical
plane, which if diminished through diggings or e$ca'ations may cause crumbling or sliding of
the neighboring land.
SubJ"cet Suppo#tLsupport when the supported land is abo'e and the supporting land is
beneath it, which if diminished through diggings or e$ca'ations may cause sin9ing of the
neighboring land.
E +ny stipulaton or testamentary pro'ision allowing e$ca'ations that cause danger to an
adjacent land or building shall be 'oid H*.)I
E +pplicability is not only for standing buildings but also for future ones to be erected. H*.*I
E Consent of the usufructuary is not necessary if the Na9ed Owner imposes any ser'itude on
the land or tenement as long as it does not injure the usufructuary. H*.1I
E 8oth the na9ed and beneficial ownerOs consent is necessary if a perpetual 'oluntary easement
is to be established H*13I
E Consent of all co2owners necessary in order to impose an easement o'er the undi'ided
tenement or land. Consent need not be gi'en simultaneously. 8ut once a co2owner ga'e his
consent he cannot re'o9e it. H*11I
E /o'erning "ules for Soluntary -asementsF H*12I
a. (f created by title, title go'erns and Ci'il code is suppletory
b. (f created by prescription, form and manner in which it had been ac6uired go'erns, Ci'il
code is suppletory.
E When ser'ient estate owner bound himself to pay the cost of maintenance wor9, he may free
himself if he renounces his property to the dominant estate owner H*1!I
22 +ny act, omission, establishment, business, condition of property or anything else which
1. Injures or endangers the health or safety of others :-$. Factory causing pollution or
house in danger of falling;
2. Annoys or offends the senses :-$. /arbage cans, too much blowing of horns;
!. Shoc9s, defies, or disregards decency or morality :-$. Couse of prostitution;
%. Obstructs or interferes with the free passage of any public highway or street or any
body of water :-$. ar9et 0talls constructed on streets;
). .inders or impairs the use of property :-$. (llegal construction on anotherOs land;
Ne*li*ece $s! Nuis"ce
Negligence Nuisance
8asis 7iability is based on lac9 of
proper care or diligence
7iability attached regardless of
the degree of care or s9ill
e$ercised to a'oid injury
Condition of the act +ct complained of is already
done which caused injury to
the plaintiff
5here is continuing harm
being suffered by the
aggrie'ed party by the
maintenance of the act or
thing which constitutes the
+batement +batement is not a'ailable as
a remedy. 5he action is for
+batement w4o judicial
proceedings is allowed to
suppress the nuisance
Nuis"ce $s! T#esp"ss
22(n trespass there is entry into anotherOs property, this is not necessarily so in nuisance.
22(n trespass the injury is direct and immediateR in nuisance it is only conse6uential.
1. Old Classification
a. nuisance per seUalways a nuisance :-$. Couse of prostitution;
b. nuisance per accidensUa nuisance only because of the location or other circumstances.
:-$. + noisy factory in a residential district;
2. New Classification
+. +ccording to relief :whether gi'en or not;
i. actionable
ii. non2actionable
8. +ccording to manner of relief
i. those abatable by criminal and ci'il actions
ii. those abatable only by ci'il actions
iii. those abatable judicially
i'. those abatable e$tra2judicially
C. +ccording to the Ci'il Code
i. #L87(CUaffets a community or neighborhood or any considerable number of persons
although the e$tent of annoyance, danger or damage be une6ual. H*1)I
ii. #"(S+5-Uthat which is not public or only affects certain indi'iduals or affects pri'ate
rights H*1)I
E5here may be a ([-& NL(0+NC- or which affects both public and pri'ate. +s when
it affects the community but there is a special injury to a pri'ate person. -$ampleF + house
abutting on a street railway trac9 is a pri'ate nuisance to the railway company and a public
nuisance because it obstructs the street.
=One who maintains on his estate or premises an attracti'e nuisance :which is a dangerous
instrumentality or appliance which is li9ely to attract children;, without e$ercising due care to
pre'ent children from playing therewith or resorting thereto is liable to a child of tender years
who is injured thereby, e'en if the child is technically a trespasser in the premises.>
225he principal reason for the doctrine is that the condition or appliance in 6uestion although
its danger is apparent to those of age, is so enticing or alluring to children of tender years as to
induce them to approach, get on or use it, and this attracti'eness is an implied in'itation to such
22/enerally not applicable to bodies of water, artificial as well as natural in the absence of
some unusual condition or artificial feature other than the mere water and its location. 5hus a
swimming pool or reser'oir of water is considered an attracti'e nuisance.
E 0uccessor of a property constitution nuisance is liable if he did not remo'e itUH*1*I
E +batement for nuisance does not preclude reco'ery of damages for its past e$istenceUH*1,I
E 7apse of time cannot legaliAe any nuisance e$cept, Non2user for ten years of an easement,
e$. +n easement of a dam which was considered a nuisance was not used for 13 years H*1.I
Re(e'ies "*"ist Public Nuis"ce
1. Criminal #rosecution
2. Ci'il +ction
!. +batement w4o judicial proceedings
E+ll remedies may be simultaneously pursued
E Ci'il action is commenced by the ayor H,31I
E &istrict health officer determines w4n e$tra2judicial abatement is the best remedy H,32I
E + pri'ate person may file an action against a public nuisance if it is specially injurious to him
Co'itios fo# e)t#"-Ju'ici"l "b"te(et of " public uis"ce by " p#i$"te pe#so
1. &emand to owner or possessor of property
2. &emand was rejected
!. +batement is appro'ed by district health officer and e$ecuted w4 local police assistance
%. Salue of destruction does not e$ceed #!,333
Re(e'ies "*"ist " p#i$"te uis"ce
1. Ci'il +ction
2. +batement w4o judicial proceedings
E + pri'ate person injured by a pri'ate nuisance may abate it by remo'ing4destroying w4o
committing breach of peace. #rocedure for e$tra2judicial abatement of a public nuisance by a
pri'ate person is indispensable. H,3*I
E + pri'ate person e$tra2judicially abating a nuisance is liable for damages ifF
a. he causes unnecessary injury
b. an alleged nuisance is later declared by courts not a real nuisance H,3,I
22has for its object the inscription or annotation of acts and contracts relating to the ownership
and other rights o'er immo'able property. H,3.I
Re*ist#"tioLany entry made in a boo9 or public registry of deeds. i.e. cancellation,
annotation, marginal notes.
5his may refer toF
i. the act of recording or annotating
ii. the boo9 of registry
iii. the office concerned
i'. the official concerned
T&#ee syste(s of #e*ist#"tio i t&e P&ilippies
1. "egistration under the 7and "egistration +ct :5orrens 0ystem;
2. "egistration under the 0panish ortgage 7aw
!. "egistration under 0ec. 11% of the "e'ised +dministrati'e Code, as amended by +ct !!%%
Pu#poses of Re*ist#"tio
1. 5o gi'e true notice of the real status of real property and real rights thereto
2. 5o prejudice third persons :unless they ha'e actual 9nowledge of the transaction concerned;
!. 5o record acts or contracts :transmissions and modifications of ownership and other eal rights
o'er real properties; NoteF "egistration does not 'alidate or cure a defecti'e instrument li9e a
forged deed.
%. 5o pre'ent the commission of frauds, thus insuring the effecti'ity of real rights o'er real
E"egistration cannot bind property where it is legally ineffecti'e i.e. registration under wrong
E"egistration does not 'est title, it is not a mode of ac6uiring ownership
E5he boo9s in the "egistry of #roperty shall be public for those who ha'e 9nown interest in
ascertaining the status of the immo'able or real rights annotated or inscribed therein H,13I
E"eference to special laws must be made to determine what titles are subject to registration, as
wel as the form, effects and cancellation of registration, and the manner of 9eeping the boo9s
and the 'alue of the entries contained in said boo9s H,11I
1. Occupation
2. Law
!. Donation
%. Tradition
%. Intellectual Creation
*. Prescription
,. Succession
+. Original odesUindependent of any pre2e$isting or preceding title or right of another
1. Occupation
2. (ntellectual Creation or wor9
8. &eri'ati'e odesUsomebody else was the owner before
1. 0uccession
2. &onation
!. #rescription
%. 7aw :+llu'ium, accession, abandonment of ri'er beds, adjunction, fruits falling on
anotherOs land
). 5radition, as a conse6uence of certain contracts :li9e sale, barter, assignment, simple loan
or mutuum;
Mode Title
&irectly produces real right 0er'es merely to gi'e occasion for its
ac6uisition or e$istence
#ro$imate cause "emote cause
5he true cause :or process; 5he justification for the process
-ssence of right w4c is to be created or
eans whereby essence is transmitted
Creates a real right Creates a personal right
225he ac6uisition of ownership by seiAing corporeal things that ha'e no owner, made with the
intention of ac6uiring them, and accomplished according to legal rules.
ReKuisites2 (SCA-IC)
1. 5here must be seiAure or apprehension :the material holding is not re6uired as long as
there is right of disposition;
2. 5he property seiAed must be corporeal personal property
!. 5he property seiAed must be susceptible of "ppropriation :either abandoned property or
unowned property;
%. 5here must be intent to appropriate
). 5he re6uisites or conditions of the law complied with
*hings susceptible to =ccupation H,1!I
1. 5hings w4o owner
2. animals that are object of hunting and fishing
!. +bandoned mo'ables
%. Cidden treasure
E Ownership of a piece of land cannot be ac6uired by occupation H,1%I
E"ight to hunt and fish regulated by special laws H,1)I :such as Fisheries +ctR +ct 1%11
prohibition on use of e$plosi'es and poisons for fishing, Cunting 7aw, declaring close and open
1. 0warm of bees
2owner shall ha'e a right to pursue them to anotherOs land, paying damages to the owner
of the latterOs land.
2land owner shall occupy4retain bees if after 2 days, owner did not pursue the bees
2. &omesticated +nimals
2may be redeemed w4in 23 days from occupation of another personR shall pertain to one
who caught them if no redemption made w4in the period
!. #igeons and fish
2when they go to another breeding place, they shall be owned by the owner thereof
pro'ided they are not enticed.
1. Cidden 5reasure found on anotherOs property, rights under %!. ac6uired H,1.I
2. o'able found w4c is not treasure H,114,23I
a. must be returned to owner
b. if finder retains, he may be charged with theft
c. if owner is un9nown, gi'e to mayorR mayor shall announce the finding of
the mo'able for two consecuti'e wee9s
d. if owner does not appear * months after publication, thing is awarded to
e. if owner appears, he is obliged to pay 1413 of 'alue of property to finder
as reward H,23I
f. if mo'able is perishable or cannot be 9ept w4o deterioration or w4o e$penses it shall
be sold at public auction . days after publication
Occup"tio Possessio
ode of ac6uiring ownership "aises presumption of ownership :concept of
an owner;
+pplies only corporeal personal property +pplies to both corporeal and incorporeal
5he thing is w4o owner 5hing is w4 owner
5here is intent to ac6uire ownership #ossession may be had in the concept of mere
5a9es place w4 some form of possession 5a9es place w4o occupation
/enerally with short duration Lsually ta9es place with longer duration
Cannot lead to another mode of ac6uisition Can lead to ac6uisition through prescription
Original ode &eri'ati'e ode
0horter period of possession /enerally longer period of possession
#ersons who may ac6uire ownership through intellectual creation H,21I
1. 5he "ut&o# with regard to his literary, dramatic, historical, legal, philosophical, scientific or
other wor9R
2. 5he co(pose# as to his musical compositionR
!. 5he p"ite#, sculptor, or other artist, with respect to the product of his artR
%. 5he scietist or technologist or any other person with regard to his disco'ery or in'ention.
When ownership ta9es placeZ H,22I
+uthor B ComposerU8efore publication :Copyright 7aws go'ern after publication;
#ainter40culptorUbefore copyrighted
0cientist4technologistUbefore patented
EOwnership of letters and pri'ate communications belong to the person to whom they are
addressed and deli'ered. #ublication of such re6uires consent of writer or heirs e$cept for
reasons of public good of interest of justice. H,2!I :7etter here means paper with words,
because the ideas or thoughts really belongs to the sender;
)ome *erms:
!opyrightCan intangible/ incorporeal right granted by statute to the author or originator of
certain %literary or artistic productions whereby he is invested/ for a specified period/ with the
sole 4 exclusive privilege of multiplying copies of the same 4 publishing and selling them.
7>orks of 0overnment are exempted from copyrights.
(atentCan exclusive right to an invention granted to the patentee/ his heirs or assigns for
the term thereof %2H years under 5ntellectual (roperty !ode&
(atent 5nfringementCact of using or selling any patented invention wAo authority during the
term of the patent and this includes one who induces the infringement.
(atentableCrefers to something suitable to be patented. *o be patentable/ a device/ process
or improvement must embody a new idea or principle not before known and it must be a
discovery as distinguished from mere mechanical skill or knowledge.
"ot (atentable:
a. ,iscoveries/ scientific theories/ mathematical methods
b. !omputer (rograms
c. Methods for treatment of human or animal body
d. (lant varieties or animal breeds
e. @esthetic creations
f. !ontrary to public order or morality
22+n act of liberality whereby a person disposes gratuitously of a thing or right in fa'or of another
who accepts it. H,2)I
a. LnilateralUobligation imposed on the donor
b. ConsensualUperfected at the time donor 9nows of the acceptance H,!%I
"e6uisitesF (CIDA)
1. 5he donor must ha'e c"p"city to ma9e the donation of a thing or right
2. Ce must ha'e the donati'e itet :animus donandi& or intent to ma9e the donation out of
liberality to benefit the donee.
!. Deli$e#y, whether actual or constructi'e of the thing or right donated
%. &onee must "ccept or consent to donation
ReKui#e(ets of " Do"tio
1. 0ubject atterUanything of 'alueR present property B not future, must not impair legitime
2. CausaUanything to support a considerationR generosity, charity, goodwill, past ser'ice, debt
!. Capacity to donate and dispose and accept donation
%. FormUdepends on 'alue of donation
Esseti"l Ele(ets-fe"tu#es of " t#ue 'o"tio
a. +lienation of property by the donor during his lifetime, which is accepted
b. (rre'ocability by the donor
c. +nimus &onandi
d. Conse6uent impo'erishment of the donor :diminution of his assets;
:i's of Do"tio
+. +s to consideration
1. 0impleUthe cause is pure liberality :no strings attached;
2. "emuneratoryUpurposeF to reward past ser'ices, with no strings attached. :5he ser'ices
here do not constitute reco'erable debts.; -$. + donates a parcel of land to 8 who had
pre'iously helped him re'iew the bar e$ams.
!. O&+7UpurposeF to reward future ser'ices or because of certain future changes or
burdens or charges is less than the 'alue of donation. -$. + donates to 8 a parcel of land worth
#,33J but 8 should gi'e + a ring worth #1)3J or teach him certain things, the 'alue of
instruction being #13J
%. OnerousUhere there are burdens, charges or future ser'ice e6ual in 'alue to that of the
thing donated. -$. + donated land worth #2 to 8 but 8 has to gi'e + a Ford -$pedition worth
also #2. :Case law pro'ides that this is not really a donation;
8. +s to effecti'ity
1. inter 'i'osUta9es effect during the lifetime of the donor
2. mortis causaUta9es effect upon the death of the donor
!. in praesentiUto be deli'ered in future :also considered inter 'i'os;
%. propter nuptiasUon the occasion of marriage
C. From the 'iewpoint of object donated
1. Corporeal
a. &onations of real property
b. &onations of personal property
2. (ncorporealUdonations of alienable rights
5a9es effect independently of the donorOs
5a9es effect upon the death of the donor
ade out of donorOs pure generosity ade in contemplation of his death without the
intention to lose the thing or its free disposal in
case of sur'i'al
5itle con'eyed to the donee before the donorOs
5itle con'eyed upon donorOs death
Salid if donor sur'i'es donee Soid if donor sur'i'es donee
/enerally irre'ocable during donorOs lifetime
e$cept for grounds pro'ided by law
+lways re'ocable at anytime and for any
reason before the donorOs death
ust comply with the formalities re6uired by
7aw on donations
ust comply with formalities re6uired by 7aw
on 0uccession
ust be accepted by the donee during his
Can only be accepted after the donorOs death
0ubject to donorOs ta$ 0ubject to estate ta$
Ist"ces of Do"tio Ite# /i$os
1. &onor warrants title to property o'er which she reser'ed life time usufruct
2. &onation was accepted by donees who were gi'en limited right of disposition, with donor
reser'ing beneficial ownership
!. &onation was e$ecuted out of lo'e and affection as well as a recognition of the personal
ser'ices tendered by the donee
%. Ownership and possession of property immediately transferred to donee but his right to fruits
begin only after donorOs death
). Causes of re'ocation specified
*. &onor states that he ma9es a perfect, irre'ocable and consummated donation
,. &onor and donee prohibited from alienating and encumbering the property
.. Lsufruct reser'ed by the donor
Ist"ces of Do"tio Mo#tis C"us"
1. "egistration of deed of donation prohibited
2. &onation to ta9e effect and pass title only by and because of death
!. "ight to dispose and enjoy reser'ed by donor
E (n case of doubt the con'eyance should be deemed ortis Causa in order to a'oid uncertainty
as to the ownership of the property. 5he legal principle enunciated in +rt. 1!,. applies, where in
case of gratuitous contracts the least transmission of rights and interests must pre'ail.
E Fi$ing of an e'ent or imposition of a suspensi'e condition, w4c may ta9e place beyond the
natural e$pectation of life of the donor does not affect the nature of a donation inter 'i'os unless
a contrary intention appears H,!3I
E &onation subject to the resolutory condition of the donorOs sur'i'al is a donation inter 'i'os
E&onations w4 an onerous cause go'erned by rules on contracts, in case of remuneratory
donations where the portion e$ceeds the 'alue of burden, e$cess is go'erned by contracts and
the remaining, rules on donations H,!!I
5&o M"y 6i$e Do"tiosS +ll persons who may contract and dispose of their property H,!)I
5hereforeF /uardians and trustees cannot donate property entrusted to them H,!*I
E &onorOs capacity determined as of the time of ma9ing the donation H,!,I
5&o ("y "ccept 'o"tiosS
1. Natural and juridical persons w4c are not specially dis6ualified by law. H,!.I
2. inors B other incapacitated
a. by themsel'es
i. if pure and simple donation
ii. if it does not re6uire written acceptance
b. by guardian, legal representati'es if needs written acceptance
i. natural guardianUnot more than )3J
ii. court appointedUmore than )3J
!. Concei'ed and unborn child represented by person who would ha'e been guardian if already
born. H,%2I
1. ade between persons who are guilty of adultery and concubinage at the time of donation
2. ade b4w persons found guilty of the same criminal offense in consideration thereof
!. ade to public officers or his4her spouse, descendants and ascendants by reason of his
%. ade to the #riest who heard confession of donor during his last illness or the minister of the
gospel who e$tended spiritual aid to him during the same period
). ade to "elati'es of priest w4in the %
ci'il degree, church, order of community where the
priest belongs
*. ade to a #hysician, nurse etc. who too9 care of the donor during his last illness
,. ade by a ward to the guardian before the appro'al of accounts
.. ade to an attesting witness to the e$ecution of donation, if there is any, or to the spouse,
parents, or children or anyone claiming under them
1. ade by indi'iduals, associations or corporations not permitted by law to ma9e donations
13. ade by spouses to each other during the marriage or to persons of whom the other spouse
is a presumpti'e heir.
E &onations of the same thing to two or more different donees go'erned by the pro'isions on
&ouble 0ale H,%%I
E &onee must accept donation personally or through an authoriAed person with special power of
attorney or one with a general and sufficient power H,%)I
E +cceptance s4d be made during lifetime of both donee and donor H,%*I
Do"tio of Mo$"bles ME>FN
Orally or in writing
(f oralUsimultaneous deli'ery of thing or document representing right re6uired
(f 'alue of personal property e$ceeds #),333 donation and acceptance must be in writing
Non2compliance w4 foregoing renders donation 'oid.
Do"tio of I((o$"bles ME>9N
ust be in a public document, specifying the property donated and the 'alue of charges
the donee should satisfy
+cceptance may be made in the same deed or separately, but must be made during the
lifetime of donor
+cceptance in a separate document re6uires notification to donor in an authentic form
+ll or part donorOs present property pro'ided he reser'es sufficient means for the support of
the followingF
a. himself
b. relati'es who by law are entitled to his support
c. legitimes shall not be impaired if he has forced heirs
When there is no reser'ation of the abo'ementioned or if donation is inofficious, may be
reduced on petition of persons affected.
&onations should not prejudice !
Future property cannot be donated H,)1I
NoteF +rt. ,)3 does not apply to onerous donation, mortis causa and propter nuptias:which
cannot be reduced, as they are only re'ocable on grounds e$pressly pro'ided by law;
EWhen donation is made to se'eral persons jointly, it is understood to be in e6ual shares and
there is no right of accretion among them unless the donor otherwise pro'ides. 5his rule is not
applicable to donations made to husband and wife jointly. H,)!I
E&onee is subrogated to all rights of donor in case of e'iction. &onor howe'er is not obliged to
warrant the thing donated e$cept when donation is onerous. &onor is liable for hidden defects in
case there is bad faith. H,)%I
E&onor may ma9e reser'ations to dispose part of the object donated, but if he dies it pertains to
the donee. H,))I
E5he donation of na9ed ownership and usufruct may be made to different persons pro'ided all
the donees are li'ing the time of donation H,)*I
E "e'ersion may be established in fa'or of the donor and to other persons:who are li'ing at the
time of donation;. 0tipulations by the donor in fa'or of !
persons who are not li'ing at the time
of donation is 'oid but shall not nullify the donation H,),I
E 0tipulation that donee should pay debts of the donor applicable only to debts contracted
pre'ious to the donation, unless there is an agreement to the contrary. 5he donee shall not be
responsible to debts e$ceeding the 'alue of property donated, unless a contrary intention
appears. H,).I
E &onee is responsible to pay debts e'en if there is no stipulation if the donation was made in
fraud of creditors. (t is considered in fraud of creditors when the donor did not reser'e sufficient
property to pay debts prior to donation H,)1I
1. &onee may demand the deli'ery of the thing donated
2. &onee is subrogated to the rights of the donor in the property
!. (n donations propter nuptias, the donor must release the property from encumbrances, e$cept
%. &onorOs warranty e$ists ifF :a; e$pressed :b; donation is propter nuptias :c; donation is
onerous :d; donor is in bad faith
). When the donation is made to se'eral donees jointly they are entitled to e6ual portions, w4o
accretion, unless the contrary is stipulated
a. if the donor after the donation should ha'e legitimate or legitimated or illegitimate children,
e'en though they be dead
b. if the child of the donor, whom he belie'ed to be dead should turn out to be ali'e
c. if the donor should adopt a minor.
225he reduction or re'ocation is only insofar as it e$ceeds the portion that may be freely
disposed of by will after ta9ing account the whole estate of the donor at the time of e$istence of
the abo'ementioned e'ents. H,*1I
5&"t t&e 'oee (ust 'o "fte# #e'uctio o# #e$oc"tioS MED=N
1. "eturn the property.
2. /i'e the 'alue :usually price of the sale; if it was sold. (f it was mortgaged donor may pay the
debt subject to reimbursement from the donee.
!. "eturn the 'alue at the time of perfection of donation if property lost or totally destroyed.
(rescription of action for revocation or reductionF after % years from the birth of the first child or
from his legitimation, recognition or adoption or from judicial declaration of filiation or from the
time information was recei'ed of childOs e$istence. +ction is not renounces and transmitted
upon donorOs death to legitimate and illegitimate children and descendants. H,*!I
E&onation is re'o9ed upon failure of the donee to comply with conditions. +ction for re'ocation
prescribes in four years and also transmissible to heirs and may be e$ercised against doneeOs
heirs. +lienations or mortgages made by donee 'oid. H,*%I
:1; (f the donee should commit some offense against the person, the honor or the property of
the donor, or of his wife or children under his parental authority
:2; (f the donee imputes to the donor any criminal offense, or any act in'ol'ing moral turpitude,
e'en though he should pro'e it, unless the crime or the act has been committed against the
donee himself, his wife or children under his authority
:!; (f he unduly #efuses support to donor when the donee is legally or morally bound to gi'e
support to the donor.
22 +lienations and mortgages effected before the notation of the complaint for re'ocation in the
"egistry of #roperty shall subsist. H,**I
22 (f donor cannot reco'er property to !
persons, he may reco'er the 'alue of property:at the
time of donation; to the donee H,*,I
22 +ction cannot be renounced in ad'ance. +ction prescribes w4in 1 year from the time donor
had 9nowledge of the fact that it was possible for him to bring the actionH,*1I
7>hat fruits must be returned when donation is revoked H,*.I
a. Fruits accruing from the time action is filed must be returned if the ground is
1. +rticle ,*3 :re'ocation by donor ha'ing no children;
2. (nofficiousness of the donation because the legitime is impaired H,,1I
!. (ngratitude H,*)I
b. Fruits recei'ed after failure to fulfill the condition4s must be returned if the ground is Non2
Compliance with any of the conditions imposed. H,*%I
E+ctions are not transmissible to the heirs if the donor did not institute the same.:-'en if donor
died before the 1 year e$piration period;.. +nd also actions cannot be brought against the
doneeOs heirs unless the complaint was filed upon his:doneeOs; death. H,,3I
22-$ceptionsF 1. &onee 9illed the donor :donor ne'er had the chance to re'o9e;
2. When donor died w4o 9nowing act of ingratitude
($+)=") >?= !@" @)J #=+ *?$ +$,U!*5=" =# 5"=##5!5=U) ,="@*5=" upon
donorIs death H,,2I
1. 5he compulsory heirs of the donor :whether children, other descendants, ascendants or
sur'i'ing spouse;
2. 5he heirs and successors2in2interest of the compulsory heirs
($+)=") >?= !@""=* @)J #=+ +$,U!*5=" =# 5"=##5!=U) ,="@*5=" upon
donorIs death H,,2I M/DLCN
1. $oluntary heirs of the donor :friends, brothers etc.;
2. 'e'isees :recipients of gifts of real property in a will;
!. legatees :recipients of gifts of personal property in a will;
%. creditors of the deceased
#rescripti'e #eriod to reduce or re'o9eF ) Years from the time of donorOs death
7 (reference on reduction is given to earlier donations/ therefore the subse.uent donations
must first be reduced 8;;3<
Re$oc"tio $s! Re'uctio
Re$oc"tio Re'uctio
+ffects the whole property regardless of
whether the legitime has been impaired or not
+s a rule only part of the property is affected,
and applies only when legitime is impaired
+s a rule, for the benefit of the donor +s a rule for the benefit of the heirs of the
donors :because of their legitimes;
+pplicable to cases of super'ening birthR non
fulfilment of conditions4chargesR acts of
ingratitude and inofficious donations
+pplicable to cases of super'ening birth and
inofficious donations and when legitimes are
impaired or donor did not reser'ed for support
of himself and relati'es
PRESCRIPTION- a mode by which one ac6uires ownership and other real rights thru lapse of
timeR also a means by which one loses ownership, rights and actions.
1. +c6uisiti'e #rescriptionUone ac6uires ownership and other real rights through the lapse of
time in the manner and under the conditions laid down by law.
ReKuisitesF (CTPL)
a. capacity to ac6uire by prescription
b. a thing capable of ac6uisition by prescription
c. possession of the thing under certain conditions
d. lapse of time pro'ided by law
a. OrdinaryUre6uires possession of things in good faith and with just title for the time fi$ed by
law. 2e4uisites ;9997"99DE<=
#ossession in /ood Faith :"easonable belief that the person who transferred the
thing is the owner B could 'alidly transmit ownership. 5his must e$ist throughout the
entire period re6uired for prescription;
Kust title :through any of the modes recogniAed by lawR must be true and 'alidR must
be pro'ed;
Within the time fi$ed by lawF MO/A0LESF ") in /F2% yearsR b) w4o conditions2.
years IMMO/A0LES2 ") 13 years
(n concept of an owner
#ublic, peaceful and uninterrupted possession :ust be 9nown to the owner of the
thingR ac6uired and maintained w4o 'iolenceR no act of depri'ation by others;
#ossession is "tu#"lly ite##upte' when through any cause it should cease
for more than one year. 5he old possession is not re'i'ed if a new possession
should be e$ercised by the same ad'erse claimant. :1122; Ci$il ite##uptio is
produced by judicial summons to the possessor :112!;
When Kudicial 0ummons shall be deemed not issuedF :112%;
a. (f it should be 'oid for lac9 of legal solemnities
b. (f the plaintiff should desist from the complaint or should allow the
proceedings to lapse
c. (f the possessor should be absol'ed from the complaint
+ny e$press or tacit recognition by the possessor of the ownerOs right also
interrupts possession.:112);
+rea possessed pre'ails o'er the area in the title :11!);
b. -$tra2ordinaryUac6uisition of ownership and other real rights without need of title or of good
faith or any other condition
1. Kust title is pro'ed
2. Within the time fi$ed by law
a. . years for mo'ables
b. !3 years for immo'ables
!. in concept of an owner
%. public, peaceful and uninterrupted
2. -$tincti'e #rescriptionUrights and actions are lost through the lapse of time in the manner
and under the conditions laid down by law.
"elationship between the occupant and the land in
terms of possession is capable of producing legal
conse6uencesR it is the possessor who is the actor
One does not loo9 to the act of the possessor but to
the neglect of the owner
"e6uires possession by a claimant who is not the
"e6uires inaction of the owner or neglect of one
with a right to bring his action
+pplicable to ownership and other real rights in the
+pplies to all 9inds of rights, whether real or
"esults in the ac6uisition of ownership or other real
rights in a person as well as the loss of said
ownership or real rights in another
"esults in the loss of a real or personal right or bars
the cause of action to enforce the said right
Can be pro'en under the general issue w4o its
being affirmati'ely pleaded
0hould be affirmati'ely pleaded and pro'ed to bar
the action or claim of the ad'erse party
Sests ownership or other real rights in the occupant #roduces the e$tinction of rights or bars a right of
L"c&esLfailure or neglect for an unreasonable and une$plained length of time, to do that
which, by e$ercising due diligence, one could or should ha'e done earlier. (t is negligence or
omission to assert a right within a reasonable time, warranting a presumption that the party
entitled to assert it either has abandoned it or declined to assert it.
Concerned with the fact of delay Concerned with the effect of delay
+ 6uestion or matter of time #rincipally a 6uestion of ine6uity of permitting
a claim to be enforced, this ine6uity being
founded on some subse6uent change in the
condition or the relation of the parties
0tatutory Not statutory
+pplies at law +pplies in e6uity
Cannot be a'ailed of unless it is especially
pleaded as an affirmati'e allegation
8eing a defense in e6uity, it need not be
specifically pleaded
8ased on a fi$ed time Not based on a fi$ed time
5&o ("y "cKui#e by p#esc#iptio (<<8E)
1. #ersons who are capable of ac6uiring property by other legal modes
2. inors and other incapacitated personally or through their parents, guardians or legal
A*"ist %&o( P#esc#iptio #us (<<8F) (MAP-1C)
1. Minors and other incapacitated persons who ha'e parents, guardians or other legal
2. Absentees who ha'e administrators, either appointed by them before their disappearance or
by the courts
!. Persons li'ing abroad who ha'e managers or administrators
%. 1uridical persons e$cept the 0tate and its subdi'isions
). 8etween co2heir or co2ownerU#rescription obtained by one co2heir4co2owner benefits
A*"ist %&o( P#esc#iptio 'oes ot #u (<<89)
1. 8etween husband and wife e'enthough there be a separation of property agreed upon in the
marriage settlements or by judicial decree.
2. 8etween parents and children during the minority or insanity of the latter
!. 8etween guardian and ward during the continuance of the guardianship
Reuci"tio of P#esc#iptio Al#e"'y Obt"ie'! ReKuisites (<<<=)
1. 5he person renouncing must ha'e capacity to alienate property.
2. 5he renunciation must refer to prescription already obtained
!. (t must be made by the owner of the right, unless an administrator, e$ecutor or other legal
representati'e has been gi'en a special power of attorney
%. (t must not prejudice the rights of creditors
5he right to ac6uire by prescription in the future cannot be renounced :1112;
5here is tacit renunciation when the renunciation results from acts which imply
abandonment of the right ac6uired :1112;
Notwithstanding the e$press or tacit renunciation by a person of a prescription already
obtained, his creditors and all persons interested in ma9ing prescription effecti'e may
still plead prescription for themsel'es to the e$tent of their credit :111%;
T&i*s subJect to P#esc#iptio (<<<7)2 +ll things w4in the commerce of men, pri'ate property
B patrimonial property of the state
T&i*s ot subJect to P#esc#iptio2
1. Of #ublic domain
2. intransmissible rights
!. mo'ables possessed through a crime :11!!;
%. registered land under #& 1)21
1. #resent possessor may tac9 his possession to that of his grantor or predecessor in interest
2. #resent possessor presumed to be in continuous possession e'en with inter'ening time
unless contrary is pro'ed
!. First day e$cluded, last day included
P#esc#ipti$e Pe#io' Actios
5mprescriptible 5o declare an ine$istent or 'oid contract
5o 6uiet title
5o demand a right of way
5o bring an action for abatement of public
5o demand partition in co2ownership
5o enforce a trust
#robate of a will
5o reco'er possession of a registered land
under #& 1)21 by the registered owner
3H Kears real actions o'er immo'ables :but not
foreclosure; w4o prejudice to the ac6uisition of
ownership or real rights by ac6uisiti'e prescription
1H Kears +ctions upon a written contract
+ctions upon an obligation created by law
+ctions upon a judgment from the time
judgment becomes final
+ctions among co2heirs to enforce warranty
against e'iction in partition
ortgage action
: Kears +ction to reco'er mo'ables w4o prejudice to
ac6uisition of title for a shorter period or to the
possessors title under +rts. ))1, 1)3), 11!!
E Kears +ctions upon an oral contract
+ctions upon a 6uasi2contract
9 Kears +ction for annulment of marriages :e$cept on
the ground of insanity; and for legal separation
counted from the occurrence of the cause
+ctions against the co2heirs for warranty of
sol'ency of the debtor in credits assigned in
+ction for declaration of the incapacity of an
heir :de'isee or legatee; to succeed
+ll other actions whose periods are not fi$ed by
law, counted from the time action accrues
6 Kears +ction to re'o9e donations due to non2
compliance of conditions
+ction to rescind partition of deceasedOs estate
on account of lesion
+ction to claim rescission of contracts
+nnulment of contracts for 'ice of consent
+ctions upon a 6uasi2delict
+ction to re'o9e or reduce donations based on
birth, appearance or adoption of a child
+ctions upon an injury to the rights of the
plaintiff :not arising from contract;
3 Kears +ctions under the eight hour labor law
+ctions to reco'er losses in gambling
oney claims as a conse6uence of employer2
employee relationship
+ction to impugn legitimacy of a child if the
husband or his heirs reside abroad
2 Kears +ction to impugn legitimacy of a child if the
husband or his heirs are not residing in the city or
municipality of birth
1 Kear +ction to impugn legitimacy of a child if the
husband or his heirs are residing in the city of
municipality of birth
Forcible entry and unlawful detainer
"e'ocation of donation on the ground of
"escission or for damages if immo'able is
sold with an apparent burden or ser'itude
+ction for warranty of sol'ency in
assignment of credits
E Months +ctions for warranty against hidden defects
or encumbrances o'er the thing sold
6H ,ays "edhibitory action based on faults or
defects of animals