MODES OF AQUIRING OWNERSHIP

Classification of real rights in the Civil Code

Full Control and
Enjoyment

Article 712 Modes of Acquiring Ownership

Partial
Control
and Enjoyment

Ownership is acquired by occupation and by intellectual creation.

1.

Ownership and other real rights over property are acquired and transmitted by
law, by donation, by testate and intestate succession, and in consequence of
certain contracts by tradition.

2.

Ownersh
ip
Possessi
on

3.

They may also be acquired by means of prescription

4.

Modes of acquiring ownership

Original Mode independent of any
pre-existing or preciding title or right
of another
1. Occupation
2. Creation

1.
2.

Usufruct
Naked
Ownersh
ip
Easemen
ts
Lease of
real
property

Real Rights for

the
Modes
of
Acquiring
Ownership
1. Mortgage
2. Chattel
Mortgage
3. Pledge
4. Antichre
sis
5. Retentio
n

Of acquisition

1.
2.

Preemption
Reempti
on

Derivative mode (somebody else was

the owner before)
SDPLT
1.
2.
3.
4.
5.

CLASIFICATION OF DONATIONS
Succession
Donation
Prescription
Law
Tradition as a consequence of
certain contracts

Mode is the process of acquiring or transferring ownership, while title is which

gives juridical justification for a mode.
Real right is the power of a person to obtain a certain financial or economical
advantage over a specific thing, a power enforceable against the whole world
whether or not he possesses the thing
A personal right on the other hand is the power belonging to a person to
demand from another as a definite passive subject-debtor the fulfilment of an
obligation

From the
viewpoint of
motive, purpose,
or cause
Simple
The cause is
pure liberality
Look at articles
734, 746, 749
Form that of
donations
Minors may
accept simple
donations
according to
Manresa because
the donation is
for the benefit of

From the view of

point of time and
taking effect

From the view

point of occasion

From the
viewpoint of
object donated

Inter Vivos
(between the
living)
-takes effect
during the
lifetime of the
donor
-must follow the
formalities of
donation if
ordinary and
simple
-right of
disposition is
completely
transferred to the
done

Ordinary
donation
- The donor may
donate all his
present property
or part thereof,
provided he
reserves in full
ownership or in
usufruct,
sufficient means
for the support of
himself, and of
all relatives who,
at the time of the
acceptance of the
donation, are by

Corporeal
property
- The donor may
donate all his
present property
or part thereof,
provided he
reserves in full
ownership or in
usufruct,
sufficient means
for the support of
himself, and of
all relatives who,
at the time of the
acceptance of the
donation, are by

the child
- The donor may
donate all his
present property
or part thereof,
provided he
reserves in full
ownership or in
usufruct,
sufficient means
for the support of
himself, and of
all relatives who,
at the time of the
acceptance of the
donation, are by
law entitled to be
supported by the
donor. Without
such reservation,
the donation
shall be reduced
on petition on
any person
affected.

-acceptance must
be during the
lifetime of donor
-when a person
donates
something,subject
to the resolutory
condition of the
donors survival
there is a
donation
intervivos
-shall be
governed by the
general
provisions on
contracts and
obligations
-acceptance of a
donation
intervivos must
be made during
the lifetime of the
donor and the
donee
- The donor may
donate all his
present property
or part thereof,
provided he
reserves in full
ownership or in
usufruct,
sufficient means
for the support of
himself, and of all
relatives who, at
the time of the
acceptance of the
donation, are by
law entitled to be

law entitled to be
supported by the
donor. Without
such reservation,
the donation
shall be reduced
on petition on
any person
affected.

law entitled to be
supported by the
donor. Without
such reservation,
the donation
shall be reduced
on petition on
any person
affected.

supported by the
donor. Without
such reservation,
the donation
shall be reduced
on petition on any
person affected.
Remuneratory (of
the FIRST KIND)
- The purpose
is to reward
past services,
with no
strings
attached
Form that of
donation
regardless of the
true value of past
service compared
to the value of
donation

In praesenti to be
delivered in
future
-considered as
donation inter
vivos
(I hereby donate
to you now my
land. But while I
am still alive, I
will remain in its
possession. The
property will be
delivered to you
only upon my
death)
The donor may
donate all his
present property
or part thereof,
provided he
reserves in full
ownership or in
usufruct,
sufficient means
for the support of
himself, and of all
relatives who, at
the time of the
acceptance of the
donation, are by
law entitled to be
supported by the

Donation proper
nuptias (in
consideration of
marrage)

Incorporeal
property
- The donor may
donate all his
present property
or part thereof,
provided he
reserves in full
ownership or in
usufruct,
sufficient means
for the support of
himself, and of
all relatives who,
at the time of the
acceptance of the
donation, are by
law entitled to be
supported by the
donor. Without
such reservation,
the donation
shall be reduced
on petition on
any person
affected.

Remuneratory (of
the SECOND
KIND (Donation
with a burden)
- Purpose is to
reward future
services or
because of
certain future
charges or
burdens,
when the
value of said
services,
burdens or
charges is less
than the
value of the
donation
(partly
onerous,
partly simple)
Form insofar as
its onerous, it
should follow a
form of contracts,
insofar as it is
simple, it should
follow the form of
donations
Onerous
- There are
burdens,
charges or

donor. Without
such reservation,
the donation
shall be reduced
on petition on any
person affected.
Mortis Causa
-takes effect after
the death of the
donor
-right of dispotion
is not transferred
to the done while
the donor is still
alive
-shall partake of
the nature of
testamentary
provision and
shall be governed
by the rules
established on
the title of
succession
-can be revoked
at any time for
any reason while
the donor is still
alive. The
donation is
revocable ad
muttum

future service
equal in value
to hat thing
donated

Form not really

a donation and
therefore should
be in a form of a
contract
In simple and
renumenatory
donations, only
illegal or
impossible
conditions are
disregarded
and the
donation
remains valid
-

- In contract the
presence of
impossible or
illegal
conditions
render the
obligation itself
void

Onerous
donations,
being are
governed by
the rule in
contracts.
Therefore the
presence of
impossible or
illegal
condition will
render the
obligation on
itself void
Must be made
during the
lifetime of the
donor and of
the done

RULES
RULES TO CONSIDER BEFORE THE PERFECTION OF THE DONATION
The limitations on the right to give donations are that they must not be
inofficious, must not prejudice creators, and must not harm the dnors and his
relatives support
Who may donate

All persons who may contract and dispose their property (to contract
and to dispose) (including natural and juridical persons)

not specially disqualified by law (738)

o Example those incapable to succeed by will (740)
such as:

Those who have absolute incapacity where

in no case can there be a transmission of
inheritance such as an abandoned infant

Or those with relative incapacity where

under certain conditions a particular person
cannot inherit from a particular decedent

Minors and others who cannot enter into a contract may

become DONEES but acceptance shall be done through
their parents or legal representatives. Minors may accept
by themselves if the donation is simple.

Donations made to conceived and unborn children may

be accepted by those persons who would legally represent
them if they are born (742)

If the donation proves unfavourable to the

child it is as if the conceived child possess no
juridical personality (Art 40 civil code)

For this article to apply it is essential that

the child be born alive later and should live
for at least 24 hours after birth or else
donation is null and void

Husband may donate if:

1.
2.
3.

He is sui juris
Donate to his children, legitimate or illegitimate, provided that the
donation be taken from his private property
Insofar as conjugal property are concerned, he is allowed to donate the
same without the wifes content only in the following cases:
a. Moderate donations given for charity or on occaions of family
rejoicing or distress

b.

Donations or promises to common legitimate children for the

exclusive purpose of completing a professional or vocational course
or activity for self-improvement
occasion for family rejoicing or family distress

Who may not donate:

-

The wife cannot donate conjugal property without the consent of the
husband unless she is the administratix of the conjugal partnership or
in cases where the donation is for charity or on occasions of family
rejoicing or distress
Guardians and trustees cannot donate the property entrusted to them

The donors capacity shall be determined as of the making of the donation

Making is at the perfection of the donation (paras). At the time the donation is
perfected, the donor and the done must be capacitated
A donation of real property cannot be given to an alien religious organization
until 60% of its capital stock is owned by Filipinos; and in case of non-stock
corp, the controlling ownership must be in the hands of Filipinos
What can be donated?
-

The donor may donate all his present property or part thereof,
provided he reserves in full ownership or in usufruct, sufficient means
for the support of himself, and of all relatives who, at the time of the
acceptance of the donation, are by law entitled to be supported by the
donor. Without such reservation, the donation shall be reduced on
petition on any person affected. (750)
o Relevant rulings:

Sufficient means can be determined by the court in

accordance with prudence and the exercise of sound
discretion (Gonzales vs. Gonzales, 35 Phil 105)

In cases wherein there is an excessive donation, the

same shall not be void but merely reducible to the
extent support of the relatives is impaired. The party

prejudiced can ask the court for reduction (Agapito

vs. De Joya)
Donations cannot comprehend future property. By future property is
understood anything which the donor cannot dispose of at the time of
the donation. (Principle of nemo dat quad non habet). Donation of
future property, since it is prohibited by law should be considered null
and void (except art 84 family code)

VOID DONATIONS
The following are void donations because of moral considerations
1.

2.
3.

Those made between persons who are guilty of adultery or concubine

at the time of the donation; (may be brought upon by spouses of the
donor or donee, and the guilt of the same may be proved by
preponderance of evidence)
Art 87 of the Family Code provides that there is a prohibition against
donations between persons living together as husband and wife
without legal mariage
Those made between persons found guilty of the same criminal
offense, in consideration thereof;
Those made to a public officer or his wife, descendant or ascendant, by
reason of his public office (to prevent bribery)

Other instances:
With reference to article 749, donations of immovable properties which are not
made in a public document, specifying therein the property donated and the
value of the charges which the donee must satisfy is considered null and void.
The ownership of property may also be donated to one person and the usufruct
to another or others, provided all the donees are living at the time of donation

Example: If X donates the naked ownership of his property to A and usufruct to

his unborn, unconceived child the donation with regard to the usufruct shall
be void.

AT PERFECTION OF THE DONATION: The donation is perfected from the

moment the donor knows of the acceptance of the donee (734)
Formalities required for donation (the absence of required formalities makes
the donation void)
1.

2.

For donation of personal property, if the donation of the personal

property exceeds five thousand pesos, the donation shall be made in
writing. However if the donation is below 5000 the donation is deemed
perfected as soon as accepted by the donor (748)
For donation of an immovable property, it must be made in a public
document, specifying the the property donated and the value of the
chargest which the done must satisfy (749 p1)

EXECUTION
The donee must accept the donation PERSONALLY or through an authorized
person with SPECIAL POWER for the purpose, or with a GENERAL and
sufficient power (through a public instribument); otherwise the donation shall
be void
Related rules: - donation for the church may be accepted in its name by the
Spanish priest. Donation in favour of a municipality needs the signature of the
municipal mayor signing on behalf of the municipality
Donor must know of the acceptance of the donee
Persons who accept donations in representation of others who may not do some
by themselves, shall be obliged to make notification and notation
According to Paras, while article 745 speaks only of acceptance, it is also
applicable to the giving part of the donor

Acceptance must be made during the lifetime of the donor and the done (for
donation inter vivos or onerous donation)
Acceptance of a donation of an immovable property may be made in the same
deed o donation or in a separate public document. If the acceptance is made in
a separate instrument, the donor shall be notified thereof in a authentic form,
and this step shall be noted in both instruments
When a donation is made to several persons jointly, it is understood to be in
equal shares, and there shall be no right of accretion among them, unless the
donor has other wise provided.
The preceding paragraph shall not be applicable to donations made to the
husband and wife jointly, between whom there shall be a right of accretion, if
the contrary has been provided by the donor
The donation is null and void unless it be a proper donation propter nuptias,
because the statute of frauds govern
Acceptance for donations mortis causa must be done only after the death of the
donor
The donee must accept the donation personally or through an authorized
person with special power for the purpose or with a general and sufficient
power otherwise the donation shall be void (747)
If the value of a personal property donated exceeds five thousand pesos, the
donation and acceptance shall be made in writing. Otherwise, the donation
shall be void (748)
Other RULES/POST DONATION
In cases where there is donation to two or more different donees, the rule to be
followed the same shall be governed by the provision regarding double sale
(744)
Rule on double donation/double sale (primus temprore portior jure)

1.
2.

3.

First take possession thereof in good faith, it is should be movable

property
In cases wherein the property is immovable, the ownership shall
belong to person acquiring it who in good faith recorded it in the
Registry of Property
Should there be no inscription, the ownership shall pertain to the
person who in good faith is first in possession and in the absence
thereof, to the person who presents the oldest title, provided there is
good faith

The action to revoke or reduce the inofficious donation must be brought by the
donors compulsory heirs, within five years after the donors death (1149)
REGARDING SUBRIGATION OF RIGHTS OVER THE PROPERTY AND
THE OBLIGATION TO WARRANT THE PROPERTY: The donee is
subrogated to all the rights and actions which in case of eviction would pertain
to the donor. The latter, on the other hand, is not obliged to warrant the things
donated, save when the donation is onerous in which case the donor shall be
liable for eviction to the concurrence of the burden.
The donor shall also be liable for eviction or hidden defects in case of bad faith
on his part (754)
Hidden defects are those which are not patent upon a physical examination of
the object donated
Article 757
When the donation imposes upon the donee the obligation to pay the debts of
the donor, if the clause does not contain any declaration to the contrary, the
former is understood to be liable to pay only the debts which appear to have
been previously contracted. In no case shall the donee be responsible for debts
exceeding the value of the property donated, unless a contrary intention clearly
appears (758)

There being no stipulation regarding the payment of debts, the donee shall be
responsible therefor only when the donation has been made in fraud of
creditiors.
The donation is always presumed to be in fraud of creditors, when at the time
hereof the donor did not reserve sufficient property to pay his debts prior to the
donation (759)

Who comm to cover collateral

14 jong asec apple comm making ppt for papp