Property Reviewer (San Beda)

San Beda College of Law
26
MEMORY AID
IN
CIVIL LAW
PROPERTY
PROPERTY
All things which are, or may be the
object of appropriation
1.
2.
3.
Requisites: (USA)
utility
substantivity or individuality
appropriability
I.
A. IMMOVABLE PROPERTIES
1. land,
buildings,
roads
and
constructions of all kinds adhered to
the soil;
2. trees, plants and growing fruits,
while they are attached to the land
or form an integral part of an
immovable;
3. everything
attached
to
an
immovable in a fixed manner in such
a way that it cannot be separated
therefrom without breaking the
material or deterioration of the
object;
4. statues, reliefs, paintings or other
objects for use or ornamentation,
placed in buildings or on lands by the
owner of the immovable in such a
manner that it reveals the intention
to attach them permanently to the
tenements;
5. machinery, receptacles, instruments
or implements intended by the
owner of the tenement for an
industry or works which may be
carried on in a building or on a piece
of land, and which tend directly to
meet the needs of the said industry
or works;
Requisites:
a. made by owner
b. industry or works carried on
building or on land
c. machines, etc must tend directly
to meet needs of the industry or
works
d. machines, etc. must be essential
and principal elements of the
CIVIL LAW COMMITTEE
industry.
6. animal houses, pigeon-houses,
7. beehives, fishponds or breeding
places of similar nature, in case
their owner has placed or preserved
them, with the intention to have
them permanently attached to the
land, and forming a permanent part
of it; the animals in those places are
included;
8. fertilizer actually used on a piece of
land;
9. mines, quarries and slag dumps,
while the matter thereof forms part
of the bed, and waters either
running or stagnant;
10. docks and structures which, though
floating, are intended by their
nature and object to remain at a
fixed place on a river, lake or coast;
and
11. contracts for public works, and
servitudes and other real rights over
immovable property
Categories: (NIDA)
1. Real by nature it cannot be
carried from place to place
(pars. 1 & 8, Art. 415, Civil
Code)
2. Real by incorporation attached
to an immovable in a fixed
manner to be an integral part
thereof (pars. 1-3 Art. 415, Civil
Code)
3. Real by destination placed in a
n immovable for the utility it
gives to the activity carried
thereon (pars. 4-7 and 9 Art.
415, Civil Code)
4. By analogy it is so classified by
express provision of law (par. 10,
Art. 415, Civil Code)
B.MOVABLE PROPERTIES
1. those movables susceptible of
appropriation which are not included
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)

27
MEMORY AID
in the preceding article;
2. real property which by any special
provision of law is considered as
personalty;
3. forces of nature which are brought
under control of science;
4. in general, all things which can be
transported from place to place
without impairment of the real
property to which they are fixed;
5. obligations and actions which have
for their object movables or
demandable sums; and
6. shares of stock of agricultural,
commercial and industrial entities,
although they have real estate.
TESTS:
a) By exclusion:
movables are
everything not included in Art. 415.
b) By description: an object is movable
if it possesses:
1) Ability to change location
2) Without substantial injury to the
immovable to which it is
attached.
a)
b)
c)
d)
Important
Doctrines/principles
on
immovable and movable properties:
A Building is an immovable even if
not erected by the owner of the
land. The only criterion is union or
incorporation with the soil. (Ladera
vs. Hodges, 48 O.G. 4374).
Parties to a contract may by
agreement
treat
as
personal
properties that which by nature
would be real property; and it is a
familiar phenomenon to see things
classes as real property for purposes
of taxation which on general
principle might be considered
personal property (Standard Oil Co.
vs. Jaranillo, 44 Phil 631).
For purposes of attachment and
execution and for purposes of the
Chattel Mortgage Law, ungathered
products have the nature of personal
property. (Sibal vs. Valdez, 50 Phil,
512).
The human body, whether alive or
dead, is neither real nor personal
property, for it is not even property
at all, in that it generally cannot be
appropriated.
Under
certain
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conditions, the body of a person or

parts thereof may be subject matter
of a transaction. (See RA No. 349, RA
No. 7170, RA No. 7719).
e)
What is the effect of temporary
separation of movables from the
immovables to which they have been
attached?
2 Views:
1)
They continue to be regarded
as immovables.
2)
Fact of separation determines
the condition of the objects
thus recovering their condition
as movables.
* the latter view is supported by
Paras and Tolentino who maintains
that the failure of the codifiers to
reproduce the provision of the
partidas on the matter is an
indication that they did not intend
the rule to continue.
f) A building that is to be sold or
mortgaged and which would be
immediately
demolished
may
be
considered personal property and the
sale or mortgage thereof would be a sale
of chattel, or a chattel mortgage
respectively, for the true object of the
contract would be the materials.
II.
A. PROPERTY OF PUBLIC DOMINION
Concept: It is not owned by the
state but pertains to the state,
which, as territorial sovereign
exercises
certain
juridical
prerogatives over such property. The
ownership of such properties is in
the social group, whether national,
provincial or municipal.
Purpose: To serve the citizens and
not the state as a juridical person.
Kinds:
1. Those intended for public use
2. Those which are not for public
use but intended for public
service
3. Those
intended
for
the
development of the national
wealth
CHARACTERISTICS:
1. Outside the commerce of man
2. Inalienable. But when no longer
needed for public use or service,
Rhodora
John Stephen
Purganan(LTD),

28
MEMORY AID
may be declared patrimonial
property. In Laurel vs. Garcia
(187 SCRA 797), the Supreme
Court held that whether or not
the
Roppongi
and
related
properties will eventually be
sold is a policy determination
where both the President and
Congress must concur.
3. Cannot
be
acquired
by
prescription
4. Not subject to attachment or
execution
5. Cannot
be
burdened
with
easements
NOTE: They cannot be registered under
the land registration law and be the
subject of a Torrens title. The character
of public property is not affected by
possession or even a Torrens Title in
favor of private persons. (Palanca vs.
Commonwealth, 69 Phil. 449).
B. PATRIMONIAL PROPERTY OF THE
STATE
Property of the State owned by it in
its private or proprietary capacity.
the state has the same rights over
this kind of property as a private
individual in relation to his own
private property
C. PROPERTY OF LOCAL GOVERNMENT
UNITS (LGUs)
1. Property for public use consist of
roads, streets, squares, fountains,
public waters, promenades and
public works for public service paid
for by the LGUs
2. Patrimonial Property all other
property possessed by LGUs without
prejudice to provisions of special
laws
NOTE: In the case of Province of
Zamboanga Del Norte vs. City of
Zamboanga,
the
Supreme
Court
categorically stated that this court is
not inclined to hold that municipal
property held and devoted to public
service is in the same category as
ordinary private property.
The
classification of municipal property
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IN
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devoted for distinctly governmental

purposes as public should prevail over
the Civil Code in this particular case.
Here, the Law of Municipal Corporations
was considered as a special law in the
context of Article 424 of the NCC.
D. PROPERTY OF PRIVATE OWNERSHIP
refers to all property belonging to
private persons either individually or
collectively and those belonging to
the State and any of its political
subdivisions which are patrimonial in
nature
Muebles or furniture generally has
for its principal object the furnishing
or ornamenting of a building. Note
that there are exceptions to this
definition and are generally not
included as furniture unless the law
or the individuals declaration
include them.
OWNERSHIP
The right to enjoy, dispose, and
recover a thing without further
limitations than those established by
law or the will of the owner.
Rights included:
1. Right to enjoy: (PUFA)
a) to possess (jus possidendi)
b) to use (jus utendi)
c) to the fruits (jus fruendi)
and accessions
d) to abuse (jus abutendi)
2. Right to dispose: (DATE)
a) to destroy
b) to alienate
c) to transform
d) to encumber
3. Right to vindicate: (RP)
a) pursuit
b) recovery
4. Right to exclude: (ER)
a) to enclose, fence and delimit
b) to repel intrusions even with
force
Characteristics: (EGEIP)
1. Ownership is Elastic power/s may
be
reduced
and
thereafter
automatically recovered upon the
cessation of the limiting rights.
2. General the right to make use of
Rhodora
John Stephen
Purganan(LTD),

29
MEMORY AID
3.
4.
5.
1.
2.
3.
4.
5.
all the possibilities or utility of the

thing owned, except those attached
to other real rights existing thereon.
Exclusive there can only be one
ownership over a thing at a time.
There may be two or more owners
but ONLY ONE ownership.
Independence It exists without
necessity of any other right
Perpetuity ownership lasts as long
as the thing exists. It cannot be
extinguished by non user but only by
adverse possession.
Limitations:
General limitations imposed by the
State for its benefit
Specific limitations imposed by law
Limitations imposed by the party
transmitting the property either by
contract or by will
Limitations imposed by the owner
himself
Inherent limitations arising from
conflict with other rights
De Facto case of Eminent Domain

expropriation resulting from the
actions of nature as in one case
where land becomes part of one sea.
The owner loses his property in favor
of
the
state
without
any
compensation.
Principle of Self-Help
right of the owner or lawful
possessor to exclude any person from
the enjoyment and disposal of the
property by the use of such force as
may be necessary to repel or prevent
actual or threatened unlawful
physical invasion or usurpation of his
property.
Requisites: (RONA)
1. reasonable force
2. owner or lawful possessor is the
person who will exercise
3. no delay in ones exercise
4. actual or threatened
physical
invasion or usurpation
GENERAL RULE: A person cannot
interfere with the right of ownership of
another.
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EXCEPTION: Doctrine of Incomplete

Privilege or State of Necessity (Article
432)
Requisites: (ID)
1. Interference necessary
2. Damage to another much greater
than damage to property
LEGAL
REMEDIES
TO
RECOVER
POSSESSION OF ONES PROPERTY
1. Personal property: Replevin
REPLEVIN - remedy when the
complaint prays for the recovery of
the possession of personal property.
2. Real Property:
a. ACCION INTERDICTAL
Nature: summary action to
recover physical or material
possession only. It consists of
the summary actions of:
1. Forcible entry
Action for recovery of
material possession of real
property when a person
originally in possession was
deprived thereof by force,
intimidation, strategy, threat
or stealth
2. Unlawful Detainer
Action for recovery of
possession of any land or
building by landlord, vendor,
vendee, or other person
against whom the possession
of the same was unlawfully
withheld after the expiration
or termination of the right to
hold possession, by virtue of
any contract.
Forcible Entry
Unlawful
Detainer
As to when possession became

unlawful
Possession of the Possession
is
defendant
is inceptively lawful
unlawful from the but becomes illegal
beginning as he from
the
time
acquires
defendant
possession
by unlawfully
Force,
withholds
intimidation,
possession
after
strategy, threat or the expiration or
stealth
termination of his
right thereto.
Rhodora
John Stephen
Purganan(LTD),

30
MEMORY AID
As to the necessity of demand
No
previous Demand
is
demand for the jurisdictional if the
defendant
to ground
is
nonvacate
is payment of rentals
necessary
or
failure
to
comply with the
lease contract
As to necessity of proof of prior
physical possession
Plaintiff
must Plaintiff need not
prove that he was have been in prior
in prior physical physical possession
possession of the
premises until he
was
deprived
thereof by the
defendant
As to when the 1 year period is counted
from
1 year period is 1 year period is
generally counted counted from the
from the date of date
of
last
actual entry on demand or last
the land
letter of demand
b. ACCION PUBLICIANA
Nature:
Ordinary
civil
proceeding to recover the better
right of possession, except in
cases of forcible entry and
unlawful detainer. The involved
is not possession de facto but
possession de jure.
c. ACCION REIVINDICATORIA
Nature: action to recover real
property based on ownership.
Here, the object is the recovery
of the dominion over the
property as owner.
Requisites:
1. Identity of the Property
2. Plaintiffs title
to
the
property
Surface Rights
The owner of parcel of land is the
owner of its surface and everything
under it.
The economic utility which such
space or subsoil offers to the owner
of the surface sets the limit of the
owners right to the same.
HIDDEN TREASURE
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Definition: any hidden or unknown

deposit of money, jewelry or other
precious
objects,
the
lawful
ownership of which does not appear.
GENERAL RULE: It belongs to the
owner of the land, building or other
property on which it is found.
EXCEPTIONS: The finder is entitled to
provided:
1. Discovery was made on the
property of another, or of the
state or any of its political
subdivisions;
2. The finding was made by chance;
3. The finder is not a co-owner of
the property where it is found;
4. The finder is not a trespasser;
5. The finder is not an agent of the
landowner;
6. The finder is not married under
the absolute community or the
conjugal
partnership
system
(otherwise his share belongs to
the community).
ACCESSION
The right by virtue of which the
owner of a thing becomes the owner
of everything that it may produce or
which may be inseparably united or
incorporated
thereto,
either
naturally or artificially.
Classifications:
1. Accession Discreta the right
pertaining to the owner of a thing over
everything produced thereby
Kinds of Fruits
a. natural fruits spontaneous
products of the soil and the
young and other products of
animals
b. industrial fruits those produced
by lands of any kind through
cultivation or labor
c. civil fruits rents of buildings,
price of leases or lands and the
amount of perpetual or life
annuities or other similar income
GENERAL RULE: To the owner

belongs the natural, industrial, and
civil fruits.
Rhodora
John Stephen
Purganan(LTD),

31
MEMORY AID
EXCEPTIONS: If the thing is:
(PULA)
a) in possession of a possessor in
good faith;
b) subject to a usufruct;
c) leased or pledged; or
d) in possession of an antichretic
creditor
2. Accession Continua the right
pertaining to the owner of a thing over
everything that is incorporated or
attached thereto either naturally or
artificially; by external forces.
a. With respect to real property
i. accession industrial
building, planting or sowing
ii. accession natural
alluvium, avulsion, change
of
river
course,
and
formation of islands
b.
With respect to personal
property
i. adjunction or conjuction
ii. commixtion or confusion
iii specification
Basic Principles: (GONE BAD)
1. He who is in good faith may be held
responsible
but
will
not
be
penalized.
2. To the owner of a thing belongs the
extension or increase of such thing.
3. Bad faith of one party neutralizes
the bad faith of the other.
4. There
should
be
no
unjust
enrichment at the expense of
others.
5. Bad faith involves liability for
damages.
6. Accessory follows the principal.
7. Accession exists only if the
incorporation is such that separation
would either seriously damage the
thing or diminish its value.
Right of Accession with respect to
Immovable Property
NOTE: See TABLES
Important Doctrines/Principles:
a) Under Art 448, the landowner may
not refuse both to pay for the
building and to sell the land and
instead seek to compel the owner of
CIVIL LAW COMMITTEE
b)
c)
d)
e)
IN
CIVIL LAW
the building to remove the building

from the land. He is entitled to such
removal ONLY when, after having
chosen to sell the land, the other
party fails to pay for said land.
(Ignacio vs. Hilario, 76 Phil. 605)
Should no other arrangement be
agreed upon, the owner of the land
does not automatically become the
owner
of
the
improvement.
(Filipinas Colleges, Inc. vs. Timbang,
106 Phil. 247)
Article 448 is not applicable where a
person constructs a house on his own
land and then sells the land, not the
building. (Coleongco vs. Regalado,
27 Phil 387)
Article 448 does not apply to cases
which are governed by other
provisions of law such as coownership, usufruct, agency, lease.
The provision on indemnity in Art.
448 may be applied by analogy
considering that the primary intent
of the law is to avoid a state of
forced
co-ownership
especially
where the parties in the main agree
that Articles 448 and 546 are
applicable and indemnity for the
improvements may be paid although
they differ as to the basis of the
indemnity. (Pecson vs. CA 244 SCRA
407).
ACCESSION NATURAL
1. Alluvion or alluvium increment
which lands abutting rivers gradually
receive as a result of the current of
the waters.
Concept: it is the gradual
deposit of sediment by the
natural action of a current of
fresh water (not sea water, the
original identity of the deposit
being lost.
Requisites:
a)the deposit be gradual and
imperceptible
b) that it be made through the
effects of the current of the
water
c)that the land where accretion
takes place is adjacent to the
banks of the river.
Rhodora
John Stephen
Purganan(LTD),

32
MEMORY AID
NOTES:
The owners of the lands adjoining
the banks of the river (riparian
lands) shall own the accretion which
they gradually receive.
Accretion
operates
ipso
jure.
However, the additional area is not
covered by a Torrens title and the
riparian owner must register the
additional area.
Doctrines:
a) Where the deposit is by sea
water, it belongs to the state
b) A gradual change of bed is also
governed by the rules of
alluvium (Canas vs. Tuason 5
Phil. 689)
2. Avulsion the transfer of a known

portion of land from one tenement
to another by the force of the
current. The portion of land must be
such that it can be identified as
coming from a definite tenement.
Requisites:
a) The segregation and transfer
must be caused by the current of
a river, creek or torrent.
b) The segregation and transfer
must be sudden or abrupt
c) The portion of land transported
must be known or identified
NOTES:
The owner must remove the
transported portion within two years
to retain ownership
In case of uprooted trees, the owner
retains ownership if he makes a
claim within 6 months. This refers
only to uprooted trees and does not
include trees which remain planted
on a known portion of land carried
by the force of the waters. In this
latter case, the trees are regarded
as accessions of the land through
gradual changes in the course of
adjoining stream. (Payatas vs.
Tuazon)
Registration under the Torrens
system does not protect the riparian
owner against diminution of the area
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of his land through gradual changes

in the course of adjoining stream
(Payatas vs. Tuazon).
Alluvium
Avulsion
1. gradual and
imperceptible
2. soil cannot be
identified
3. belongs to the
owner
of
the
property to which
it is attached
4.
merely
an
attach-ment
1.
sudden
or
abrupt process
2. identifiable and
verifiable
3. belongs to the
owner from whose
property it was
detached
4. detachment followed
by
attachment
3. Change of course of rivers

Requisites:
a) There must be a natural change
in the course of the waters of
the river
b) The change must be abrupt or
sudden
NOTES:
Once the river bed has been
abandoned, the owners of the
invaded land become owners of the
abandoned bed to the extent
provided by this article. No positive
act is needed on their part, as it is
subject thereto ipso jure from the
moment the mode of acquisition
becomes evident.
It does not apply to cases where the
river simply dries up because there
are no persons whose lands are
occupied by the waters of the river.
4. Formation of Islands
RULES ON OWNERSHIP
a. If formed by the sea:
1) within territorial waters State
2) outside territorial waters
to the first occupant
b. If formed in lakes, or navigable
or floatable rivers - State
c. If formed on non-navigable or
non-floatable rivers:
1) if nearer to one margin or
bank to the nearer reparian
owner
2) if equidistant from both
banks- to the reparian
Rhodora
John Stephen
Purganan(LTD),

33
MEMORY AID
owners, by halves.
NOTE: There is no accession when
islands are formed by the branching of a
river; the owner retains ownership of the
isolated piece of land.
Right of Accession with respect to
movable property
Basic Principle:
Accession exists
only if separation is not feasible.
Otherwise, separation may be
demanded.
KINDS (accession continua as to
movables):
1. Adjunction
the union of two things
belonging to different owners, in
such a manner that they cannot
be separated without injury,
thereby forming a single object.
Requisites
a) the two things must belong to
different owners
b) that they form a single object,
or that their separation would
impair their nature
Kinds:
a. inclusion or engraftment
b. soldadura or soldering
c. escritura or writing
d. pintura or painting
e. tejido or weaving
Tests to determine principal:
a. the rule of importance and
purpose
b. that of greater value
c. that of greater volume
d. that of greater merits
Rules:
a) Adjunction in good faith by either
owner:
GENERAL RULE: accessory follows
the principal.
EXCEPTIONS if the accessory is
much more precious than the
principal, the owner of the accessory
may demand the separation even if
the principal suffers some injury
b) Adjunction in bad faith by the
owner of the principal
option of the owner of the
accessory:
i)
to recover the value plus
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damages
to demand separation plus
damages
c)
Adjunction in bad faith by the
owner of the accessory
i)
he loses the accessory
ii)
he is liable for damages
ii)
When separation of things

allowed:
a. separation without injury
b. accessory is more precious
than the principal
c. owner of the principal acted
in bad faith
2. Mixture
Union of materials where the
components lose their identity.
Kinds:
a. Commixtion mixture of
solids
b. Confusion mixture of
liquids
Rules:
a. By the will of both owners or by
accident: each owner acquires
an interest in proportion to the
value of his material
b. By one owner in good faith:
apply rule(a)
c. By one owner in bad faith:
i)
he loses all his rights to his
own material
ii) he is liable for damages
3. Specification
It is the transformation of anothers
material by the application of labor.
The material becomes a thing of
different kind.
Labor is the principal
Rules:
a) Owner of the principal (worker)
in good faith:
i)
maker acquires the new
thing
ii)
he must indemnify the owner
of the material
EXCEPTION: if the material is
more valuable than the resulting
thing, the owner of the material
has the option:
1) to
acquire
the
work,
Rhodora
John Stephen
Purganan(LTD),

34
MEMORY AID
b)
i)
ii)
c)
i)
ii)
indemnifying for the labor,

or
2) to demand indemnity for the
material
owner of the principal (worker)
in bad faith: the owner of the
material has the option:
to acquire the result without
indemnity
to demand indemnity for the
material plus damages
Owner of the material in bad
faith
he loses the material
he is liable for damages
Adjunction
Mixture
1. Involves
at least 2
things
Involves at
least
2
things
2. Accessory
follows the
principal
3.
Things
joined retain
their nature
Coownership
results
Things
mixed
or
confused
may either
retain
or
lose their
respective
natures
QUIETING OF TITLE
It is an equitable action in rem to
determine the condition of the
ownership
or
the
rights
to
immovable property, and remove
doubts thereon.
Requisites:
1. plaintiff must have a legal or
equitable title to, or interest in the
real property which is the subject
matter of the action;
2. there must be a cloud in such title;
3. such cloud must be due to some
instrument,
record,
claim,
encumbrance or proceeding which is
apparently valid but is in truth
invalid, ineffective, voidable or
unenforceable, and is prejudicial to
the plaintiffs title; and
4. plaintiff must return to the
defendant all benefits he may have
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received from the latter, or

reimburse him for expenses that may
have redounded to his benefit.
Prescriptive Period:
1. plaintiff
in
possession
imprescriptible
1. plaintiff not in possession 10
(ordinary)
or
30
years
(extraordinary)
Action to quiet
title
Action to remove
a cloud on title
PURPOSE
to put an end to to
remove
a
troublesome
possible foundation
litigation
in for a future hostile
respect
to
the claim
property involved
NATURE OF THE ACTION
remedial
action Preventive action
involving a present to prevent a future
adverse claim
cloud on the title
Specification
May
involve
one thing (or
more)
but
form
is
changed
Accessory
follows
the
principal
The
new
object retains
or preserves
the nature of
the
original
object.
IN
The action to quiet title does not

apply:
a) to
questions
involving
interpretation of documents
b) to mere written or oral assertions
of claims; EXCEPT:
i)
if made in a legal proceeding
ii)
if it is being asserted that
the instrument or entry in
plaintiffs favor is not what it
purports to be
c) to boundary disputes
d) to deeds by strangers to the title
UNLESS purporting to convey the
property of the plaintiff
e) to instruments invalid on their
face
f) where the validity of the
instrument
involves
pure
questions of law
Ruinous Buildings and Trees in Danger

of Falling:
As to buildings the owners is
obliged to demolish or execute
necessary work to prevent the
building from falling. Should he fail
to do so, the authorities shall order
its demolition at the expense of the
Rhodora
John Stephen
Purganan(LTD),

35
MEMORY AID
owner, or take measures to insure
public safety.
The complainant must show that his
property is adjacent to the
dangerous construction, or must
have to pass by necessity in the
immediate vicinity.
The owner is responsible for
damages to others due to lack of
necessary repairs. However, if the
damage is caused by defects in the
construction, then the builder is
responsible for the damages.
CO-OWNERSHIP
Definition: the right of common
dominion which two or more persons
have in a spiritual part of a thing
which is not physically divided.
Concept: co-ownership exists where
the ownership of a thing physically
undivided pertains to more than one
person.
Characteristics:
a)plurality of subjects (the coowners)
b) there is a single object which is
not materially divided
c)there is no mutual representation
by the co-owners
d) it exist for the common
enjoyment of the co-owners
e) it
has
no
distinct
legal
personality
f) it is governed first of all by the
contract
of
the
parties;
otherwise, by special legal
provisions, and in default of such
provisions, by the provisions of
Title III on co-ownership
Sources:
1. Law
2. Contract
3. Chance
4. Occupation
5. Succession
6. Testamentary disposition or
donation inter vivos
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Co-ownership
Partnership
1. Can be created
without
the
formalities
of
a
contract
2. Has no juridical or
legal personality
1. Can be created
only by contract,
express or implied
3.
Purpose
is
collective enjoyment
of the thing
4.
Co-owner
can
dispose of his shares
without the consent
of the others with
the
transferee
automatically
becoming a co-owner
5. There is no mutual
representation
6. Distribution of
profits
must
be
proportional to the
respective interests
of the co-owners
7. A co-ownership is
not dissolved by the
death or incapacity
of a co-owner
8.
no
public
instrument
needed
even if real property
is the object of the
co-ownership
9. An agreement to
keep
the
thing
undivided
for
a
period of more than
10 years is void
2.
Has
juridical
personality distinct
from the partners
3. Purpose is to
obtain profits
4. A partner, unless
authorized
cannot
dispose of his share
and
substitute
another as a partner
in his place
5. A partner can
generally bind the
partnership
6. Distribution of
profits is subject to
the stipulation of the
parties
7.
Death
or
incapacity dissolves
the partnership
8. May be made in
any
form
except
when real property is
contributed
9. There may be
agreement as to a
definite term without
limit set by law
Rules:
1. Rights of each co-owner as to the
thing owned in common: USBRAPLDP
a)
To use the thing owned in common
Limitations:
i)
use according to the purpose
for which it was intended
ii)
interest of the co-ownership
must not be prejudiced
iii)
other co-owners must not be
prevented from using it
according
to their own
rights
Rhodora
John Stephen
Purganan(LTD),

36
MEMORY AID
b) To share in the benefits and
charges in proportion to the
interest of each.
NOTE: Any stipulation to the
contrary is void.
c) To the benefits of prescription:
prescription by one co-owner
benefits all.
d) Repairs and taxes: to compel the
others to share in the expenses
of preservation even if incurred
without prior notice.
NOTE:
The
co-owner
being
compelled may exempt himself from
the payment of taxes and expenses
by renouncing his share equivalent
to such taxes and expenses. The
value of the property at the time of
the renunciation will be the basis of
the portion to be renounced.
e) Alterations:
to
oppose
alterations made without the
consent of all, even if beneficial.
NOTES:
Alteration is an act by virtue of
which a co-owner changes the
thing from the state in which the
others believe it should remain,
or withdraws it from the use to
which they desire it to be
intended.
Expenses to improve or
embellish are decided by the
majority
f) To protest against seriously
prejudicial decisions of the
majority
g) Legal
redemption:
to
be
exercised within 30 days from
written notice of sale of an
undivided share of another coowner to a stranger
h) To defend the co-ownerships
interest in court
i) To demand partition at any time
Partition is the division between
2 or more persons of real or
personal property which they
own in common so that each
may enjoy and possess his sole
estate to the exclusion of and
without interference from others
GENERAL RULE: Partition is
demandable by any of the coCIVIL LAW COMMITTEE
IN
CIVIL LAW
owners as a matter of right at

any time.
EXCEPTIONS:
1) When there is a stipulation
against it; but not to exceed
10 years.
2) When the condition of
indivision is imposed by the
donor or testator; but not to
exceed 20 years.
3) When the legal nature of the
community
prevents
partition.
4) When partition would render
the thing unserviceable.
5) When partition is prohibited
by law
6) When another co-owner has
possessed the property as
exclusive owner for a period
sufficient to acquire it by
prescription.
2. The
following
questions
are
governed by the majority of
interests:
a) Management
Minority may appeal to the court
against the majoritys decision if
the same is seriously prejudicial.
b) Enjoyment
c) Improvement or embellishment
3. Rights as to the ideal share of each
co-owner:
a) Each has full ownership of his part
and of his share of the fruits and
benefits
b) Right to substitute another person
its enjoyment, EXCEPT when
personal rights are involved
c) Right to alienate, dispose or
encumber
d) Right to renounce part of his
interest to reimburse necessary
expenses incurred by another coowner
e) Transactions entered into by each
co-owner only affect his ideal
share.
EXTINGUISHMENT OF CO-OWNERSHIP
(CALSTEP)
1. consolidation or merger in one coowner
2. acquisitive prescription in favor of a
Rhodora
John Stephen
Purganan(LTD),

37
MEMORY AID
3.
4.
5.
6.
7.
third person or a co-owner who

repudiates the co-ownership
loss or destruction of property coowned
sale of property co-owned
termination of period agreed upon
by the co-owners
expropriation
judicial or extra-judicial partition
CONDOMINIUM ACT (R.A. NO. 4726)

CONDOMINIUM
an interest in real property
consisting of a separate interest in a
unit in a residential, industrial or
commercial
building
and
an
undivided interest in common,
directly or indirectly, in the land on
which it is located and in other
common areas of the building.
Any transfer or conveyance of a unit
or an apartment, office or store or
other space therein, shall include
transfer or conveyance of the
undivided interest in the common
areas or, in a proper case, the
membership or shareholdings in the
condominium corporation: provided,
however, that where the common
areas in the condominium project
are held by the owners of separate
units as co-owners thereof, no
condominium unit therein shall be
conveyed or transferred to persons
other than Filipino citizens or
corporations at least 60% of the
capital stock of which belong to
Filipino citizens, except in cases of
hereditary succession.
GENERAL RULE: Common areas shall
remain undivided, and there shall be no

judicial partition thereof:
EXCEPTIONS:
1. When the project has not been
rebuilt or repaired substantially to
its state prior to its damage or
destruction 3 years after damage or
destruction
which rendered
a
material part thereof unfit for use;
2. When damage or destruction has
rendered or more of the units
untenantable
and
that
the
condominium owners holding more
CIVIL LAW COMMITTEE
IN
CIVIL LAW
than 30% interest in the common

areas are opposed to restoration of
the projects;
3. When the project has been in
existence for more than 50 years,
that it is obsolete and uneconomic,
and the condominium owners holding
in aggregate more than 50% interest
in the common areas are opposed to
restoration,
remodeling
or
modernizing;
4. When the project or a material part
thereof has been condemned or
expropriated and the project is no
longer
viable,
or
that
the
condominium owners holding in
aggregate more than 70% interest in
the common areas are opposed to
the continuation of the condominium
regime;
5. When conditions for partition by sale
set forth in the declaration of
restrictions duly registered have
been met.
WATERS
Classification
a) Waters public per se (water is the
principal; the bed follows the
character of the water (See Arts.
502 [1] and 502 [2])
b) Waters public or private according
to their bed (water is accessory to
bed)
c) Waters public by special provision
POSSESSION
Concept: the material holding or
control of a thing or the enjoyment
of a right.
1.
2.
3.
Requisites:
occupancy, apprehension, or taking
deliberate intention to possess
by virtue of ones own right
Degrees:
1. possession
without
any
title
whatsoever
2. possession with juridical title
3. possession with just title sufficient
to transfer ownership
4. possession with a title in fee simple
Classes:
Rhodora
John Stephen
Purganan(LTD),

38
MEMORY AID
a)
In ones own name where possessor

claims the thing for himself
b) In the name of another for whom
the thing is held by the possessor
c) In the concept of owner possessor
of the thing or right , by his actions,
is considered or is believed by other
people as the owner, regardless of
the good or bad faith of the
possessor
d) In the concept of holder possessor
holds it merely to keep or enjoy it,
the ownership pertaining to another
person; possessor acknowledges in
another a superior right which he
believes to be ownership.
NOTE: None of these holders assert a
claim of ownership in himself over the
thing but they may be considered as
possessors in the concept of owner, or
under claim of ownership, with respect
to the right they respectively exercise
over the thing.
e) In good faith possessor is not aware
that there is in his title or mode of
acquisition a defect that invalidates
it
Requisites:
1. Ostensible title or mode of
acquisition
2. Vice or defect in the title
3. Possessor is ignorant of the
vice or defect and must have
an honest belief that the
thing belongs to him
NOTE: Gross and inexcusable ignorance
of the law may not be the basis of good
faith, but possible, excusable ignorance
may be such basis. (Kasilag vs Roque, 69
PHIL 217)
f) In bad faith possessor is aware of
the invalidating defect in his own
title.
NOTES:
Only personal knowledge of the flaw
in ones title or mode of acquisition
can make him a possessor in bad
faith. It is not transmissible even to
an heir.
Possession in good faith ceases from
the moment defects in his title are
made known to the possessor. This
interruption of good faith may take
place at the date of summons or that
CIVIL LAW COMMITTEE
IN
CIVIL LAW
of the answer if the date of

summons does not appear. However,
there is a contrary view that the
date of summons may be insufficient
to convince the possessor that his
title is defective.
Presumptions in favor of possessor:
of good faith
of continuity of initial good faith
of enjoyment in the same character
in which possession was acquired
until the contrary is proved
4. of non-interruption in favor of the
present possessor
5. of continuous possession by the one
who recovers possession of which he
was wrongfully deprived
6. of extension of possession of real
property to all movables contained
therein
1.
2.
3.
Object of possession:
GENERAL RULE: All things and rights
susceptible of being appropriated
EXCEPTIONS:
1. Res communes
2. Property of public dominion
3. Discontinuous servitudes
4. Non-apparent servitudes
Acquisition of possession:
Manner
1. Material occupancy of the thing
2. Subjection to the action of our will
3. Proper acts and legal formalities
established for acquiring such right.
Conflicts between several claimants:
GENERAL RULE: Possession cannot be
recognized in two different personalities
except in case of co-possession when
there is no conflict
Criteria in case of dispute:
1. present/actual possessor shall be
preferred
2. if there are two possessors, the one
longer in possession
3. if the dates of possession are the
same, the one with a title
4. if all the above are equal, the fact
of possession shall be judicially
determined, and in the meantime,
the thing shall be placed in judicial
deposit
Rhodora
John Stephen
Purganan(LTD),

39
MEMORY AID
Subject
a.
Fruits
gathered
b.
Cultivation
Expenses of
gathered
fruits
c.
Fruits
pending
and
charges
d.
Production
expenses
of pending
fruits
e.
Necessary
expenses
f.. Useful
expenses
g.
Ornamental
expenses
h.
Taxes
and
charges
i. on
Possessor in
good faith
Possessor
in bad
faith
a. to possessor
a. to owner
b.
not
reimbursed to
possessor
b.
reimbursed
to
possessor
c.
prorated
according to
time
c. to owner
d. indemnity
pro rata to
possessor
(owners
option)
i. in money,
or
ii.
by
allowing full
cultivation
and
gathering of
all fruits
e. reimbursed
to possessor;
retention
d.
no
indemnity
f. reimbursed
to
possessor
(owners
option)
i. initial cost
ii. plus value
may
remove if no
reimbursement, and no
damage
is
caused to the
principal
by
the removal
g. reimbursement
at
owners
option:
i. removal if
no injury, or
ii. cost
without
removal
h. taxes and
charges
i. charged to
owner
CIVIL LAW COMMITTEE
capital
ii.
fruits
on
iii.
charges
i. Improvements no
longer
existing
j. Liability
for
accidental
loss
or
deteriorati
on
k.
Improvements due
to time or
nature
e.
reimbursed
to
possessor;
no
retention
f.
no
reimbursem
ent
g. owners
option:
i.
removal, or
ii. value
at time of
recovery
h.
taxes
and charges
i. charged
to owner
IN
CIVIL LAW
ii. charged to
possessor
iii. prorated
ii.
charged to
owner
iii. to
owner
i.
no
reimbursement
i.
no
reimbursement
j.
only
if
acting
with
fraudulent
intent
or
negligence,
after summons
j. liable in
every case
k. to owner
or
lawful
possessor
k.
to
owner or
lawful
possessor
Possession of movables
Possession of movables in good faith
is equivalent to title.
Requisites:
a) possession is in good faith
b) the owner has voluntarily parted
with the possession of the thing
c) possessor is in the concept of
owner
One who has lost or has been
unlawfully deprived of it , may
recover it from whomsoever
possesses it, ordinarily, without
reimbursement.
Doctrines:
a) owner of the thing must prove (1)
ownership of the thing and (2) loss or
unlawful deprivation; or bad faith of
the possessor
b) Where the owner acts negligently or
voluntarily parts with the thing
owned, he cannot recover it from
the possessor
c) The owner may recover the movable
in case of loss or involuntary
deprivation; but must reimburse the
price paid if possessor acquired the
thing in good faith and at a public
sale.
Loss of possession:
Rhodora
John Stephen
Purganan(LTD),

40
MEMORY AID
1. By the will of the possessor
a) Abandonment
b) Transfer or conveyance
2. Against the will of the possessor
a) Eminent domain
b) Acquisitive prescription
c) Judicial decree in favor of better
right
d) Possession of another for more
than one year
NOTE: this refers to possession de
facto where the possessor loses the
right to a summary action; but he
may still bring action publiciana or
reivindicatoria
e) By reason of the object
i. destruction or total loss of
the things
ii. withdrawal from commerce
USUFRUCT
gives a right to enjoy the property of
another with the obligation of
preserving its form and substance,
unless the title constituting it or the
law otherwise provides.
Characteristics:
a. Real right
b. Of temporary duration
c. To derive all advantages from
the thing due to normal
exploitation
d. may be constituted on real or
personal property, consumable
or non-consumable, tangible or
intangible, the ownership of
which is vested in another
e. transmissible
GENERAL RULE: Usufructuary is bound
to preserve the form and substance of
the thing in usufruct.
EXCEPTION:
Abnormal
usufruct
whereby the law or the will of the
parties may allow the modification of
the substance of the thing.
Usufruct
Lease
1. Always a real
right
2. Person creating
the usufruct should
be the owner or his
1.Generally
a
personal right
2. Lessor may not
be the owner
CIVIL LAW COMMITTEE
duly
authorized
agent
3. May be created
by law, by contract,
by will of the
testator,
or
by
prescription
4.
As
a
rule,
usufruct covers all
the fruits and all
the
uses
and
benefits
of
the
entire property
5. Involves a more
or
less
passive
owner who allows
the usufructuary to
enjoy the object
given in usufruct
6. Pays for ordinary
repairs and taxes on
the fruits
IN
CIVIL LAW
3.Generally created
by contract
4.Lease
generally
refers to uses only
5. Lease involves a
more active owner
or lessor who makes
the lessee to enjoy
6.Lessee
is
not
generally
under
obligation
to
undertake repairs
or pay taxes
Special Usufructs
a) of pension or income (Art 570)
b) of property owned in common (Art.
582)
c) of cattle (livestock) (Art. 591)
d) on vineyards and woodlands (Art.
575-576)
e) on a right of action (Art. 578)
f) on mortgaged property (Art. 600)
g) over the entire patrimony (Art.
598)
h) over
things
which
gradually
deteriorate (Art. 573)
i) of consumable property (Art 574)
Rights of the Usufructuary
1. As to the thing and its fruits
a. To receive and benefit from the
fruits
b. To enjoy any increase through
accessions and servitudes
c. To the half of the hidden
treasure he accidentally finds
Rhodora
John Stephen
Purganan(LTD),

41
MEMORY AID
d. To lease the thing, generally, for
the same or shorter period as
the usufruct.
e. To improve the thing without
altering its form and substance
f. Right
to
set-off
the
improvements he may have
made on the property against
any damage to the same
g. To retain the thing until he is
reimbursed for advances for
extraordinary
expenses
and
taxes on the capital
h. To collect reimbursements from
the owner for indispensable
extraordinary repairs, taxes on
the capital he advanced, and
damages caused to him.
i. To remove improvements made
by him if the same will not
injure the property
2. As to the usufruct itself
a. To mortgage the right of usufruct
except parental usufruct
b. To alienate the usufruct
Obligations of the usufructuary:
1. Before exercising the usufruct:
a. To make an inventory of the
property
b. To give a bond, EXCEPT
1) when no prejudice would
result
2) when
the
usufruct
is
reserved by the
donor or
parents
3) in cases of caucion juratoria
where
the
usufructuary,
being unable to file the
required bond or security,
files a verified petition in
the proper court asking for
the delivery of the house and
furniture
necessary
for
himself and his family
without any bond or security.
takes an oath to take
care of the things and
restore them
property
cannot
be
alienated or encumbered
CIVIL LAW COMMITTEE
IN
CIVIL LAW
or leased because this

would mean that the
usufructuary does not
need it.
NOTE: Effects of failure to post
bond:
1. owner shall have the following
options:
a. receivership of realty, sale of
movables,
deposit
of
securities, or investment of
money; OR
b. retention of the property as
administrator
2. the net product shall be
delivered to the usufructuary
3. usufructuary
cannot
collect
credits due or make investments
of the capital without the
consent of the owner or of the
court until the bond is given.
2. During the usufruct:
a. To take care of the property
b. To replace with the young
thereof animals that die or are
lost in certain cases when the
usufruct is constituted on flock
or herd of livestock
c. To make ordinary repairs
d. To notify the owner of urgent
extra-ordinary repairs
e. To
permit
works
and
improvements by the naked
owner not prejudicial to the
usufruct
f. To pay annual taxes and charges
on the fruits
g. To pay interest on taxes on
capital paid by the naked owner
h. To pay debts when the usufruct
is constituted on the whole
patrimony
i. To secure the naked owners or
courts approval to collect
credits in certain cases
j. To notify the owner of any
prejudicial act committed by
third persons
k. To pay for court expenses and
costs regarding usufruct.
3. At the termination of the usufruct:
a. To return the thing in usufruct to
Rhodora
John Stephen
Purganan(LTD),

42
MEMORY AID
the owner unless there is a right
of retention
b. To pay legal interest on the
amount spent by the owner for
extraordinary repairs or taxes on
the capital
c. To indemnify the owner for any
losses due to his negligence or of
his transferees
Extinguishment of Usufruct: (PT2DERM)
1. Prescription
2. Termination of right of the person
constituting the usufruct
3. Total loss of the thing
4. Death of the usufructuary, unless
contrary intention appears
5. Expiration
of the
period
or
fulfillment
of
the
resolutory
condition
6. Renunciation of the usufructuary
7. Merger of the usufruct
and
ownership in the same person
EASEMENT OR SERVITUDE
Encumbrance imposed upon an
immovable for the benefit of a
community or one or more persons
or for the benefit of another
immovable belonging to a different
owner.
a)
b)
c)
d)
e)
Concept:
it is a real right,
constituted
on
the
corporeal
immovable property of another, by
virtue of which the owner of the
latter has to refrain from doing or
must allow something to be done on
his property, for the benefit of
another person or tenement.
Characteristics:
It is a real right but will affect third
persons only when duly registered
It
is
enjoyed
over
another
immovable, never on ones own
property
It involves two neighboring estates
(in case of real easements)
It is inseparable from the estate to
which it is attached, and, therefore,
cannot be alienated independently
of the estate
It is indivisible for it is not affected
by the division of the estate
CIVIL LAW COMMITTEE
f)
g)
h)
IN
CIVIL LAW
between two or more persons

It is a right limited by the needs of
the dominant owner or estate,
without possession
It cannot consist in the doing of an
act unless the act is accessory in
relation to a real easement
It is a limitation on the servient
owners rights of ownership for the
benefit of the dominant owner; and,
therefore, it is not presumed
Classification:
1. As to its exercise:
a)Continuous Easements those the
use of which is, or may be,
incessant
without
the
intervention of any act of man
b) Discontinuous Easements those
which are used at intervals and
depend upon the acts of man
2. As to the indication of their
existence:
a) Apparent Easements those
which are made known and are
continually kept in view by
external signs that reveal the
use and enjoyment of the same
b) Non-apparent Easements those
which
show
no
external
indication of their existence
3. As to duty of servient owner
a) Positive the servient owner
must allow something to be done
in his property or do it himself.
These are called servitudes of
intrusion and or/service
b) Negative the servient owner
must
refrain
from
doing
something which he could
lawfully do if the easement did
not exist
Easement
Lease
1.
Real
right,
whether registered
or not
Real right only when

it is registered, or
when its subject
matter
is
real
property and the
duration
exceeds
one year
May involve either
real or personal
2. Imposed only on
real property
Rhodora
John Stephen
Purganan(LTD),

43
MEMORY AID
3. There is a limited
right to the use of
real property of
another but without
the
right
of
possession
Easement
Usufruct
May involve either
real or personal
property
Includes all the uses
and the fruits of the
property
2.
Limited
to
particular
or
specific use of the
servient estate
3. A non-possessory
right
over
an
immovable
4. Not extinguished
by the death of the
dominant owner
Involves a right of
possession in an
immovable
or
immovable
Extinguished by the
death
of
the
usufructuary
Modes of Acquisition: (PDFAT)

1. by prescription of 10 years
(continuous
and
apparent
easements)
2. by deed of recognition
3. by final judgment
4. by apparent sign established by
the owner of two adjoining
estates
5. by title
Dominant Owner
Rights
1. To exercise all the rights
necessary for the use of the
easement
2. To make on the servient estate
all the works necessary for the
use and preservation of the
servitude
3. To renounce the easement if he
desires to exempt himself from
contribution
to
necessary
expenses
4. To ask for mandatory injunction
to prevent impairment of his use
of the easement
Obligations:
1. Cannot render the easement or
render it more burdensome
2. Notify the servient owner of
works necessary for the use and
CIVIL LAW COMMITTEE
CIVIL LAW
preservation of the servitude

3. Choose the most convenient
time and manner in making the
necessary works as to cause the
least inconvenience to the
servient owner
4. Contribute to the necessary
expenses if there are several
dominant estates
Limited right to
both the possession
and use of anothers
property
1. Imposed only on
real property
IN
Servient Owner
Rights:
1. To
retain
ownership
and
possession of the servient estate
2. To make use of the easement,
unless there is agreement to the
contrary
3. To change the place or manner
of the easement, provided it be
equally convenient
Obligations:
1. Cannot impair the use of the
easement
2. Contribute to the necessary
expenses in case he uses the
easement, unless there is an
agreement to the contrary
Extinguishment of Easements:
(REMAIN BREW)
1. Redemption agreed upon
2. Expiration of the term or
fulfillment of the resolutory
condition
3. Merger of ownership of the
dominant and servient estate
4. Annulment of the title to the
servitude
5. Permanent Impossibility to use
the easement
6. Non-user for 10 years
a.
discontinuous: counted
from the day they ceased to
be used
b.
continuous:
counted
from the day an act adverse
to the exercise takes place
7. Bad condition - when either or
both estates fall into such a
condition that the easement
could not be used
8. Resolution of the right to create
the servitude, i.e. in case of
pacto de retro, when the
Rhodora
John Stephen
Purganan(LTD),

44
MEMORY AID
property is redeemed
9. Expropriation of the servient
estate
10. Waiver by the dominant owner
EASEMENT FOR WATERING CATTLE
This is really a combined easement
for drawing of water and right of way
Requisites:
a) must be imposed for reasons of
public use
b) must be in favor of a town or
village
c) indemnity must be paid
EASEMENT OF AQUEDUCT
The right arising from a forced
easement by virtue of which the
owner of an estate who desires to
avail himself of water for the use of
said estate may make such waters
pass through the intermediate estate
with the obligation of indemnifying
the owner of the same and also the
owner of the estate to which the
water may filter or flow.
Character: apparent and continuous
Requisites:
a) dominant owner must prove that
he has the capacity to dispose of
the water
b) that the water is sufficient for
the intended use
c) that the course is most
convenient, and least onerous to
the 3rd person
d) payment of indemnity
RIGHT OF WAY
The right granted to the owner of an
estate which is surrounded by other
estates belonging to other persons
and without an adequate outlet to a
public highway to demand that he be
allowed a passageway throughout
such neighboring estates after
payment of proper indemnity
Requisites:
1. Claimant must be an owner of
enclosed immovable or one with
real right
2. There must be no adequate
outlet to a public highway
3. Right of way must be absolutely
CIVIL LAW COMMITTEE
IN
CIVIL LAW
necessary
4. Isolation must not be due to the
claimants own act
5. Easement must be established at
the point least prejudicial to the
servient estate
6. Payment of proper indemnity
it is the needs of the dominant
property which ultimately determine
the width of the passage, and these
needs may vary from time to time
(Encarnacion vs. CA, 195 SCRA 72).
Special cause of extinction:
the
opening of a public road, or joining
the dominant tenement to another
with exit on a public road.
NOTE: the extinction in NOT
automatic. There must be a demand
for extinction coupled with tender of
indemnity by the servient owner.
PARTY WALL
a common wall which separates 2
estates built by common agreement
at the dividing line such that it
occupies a portion of both estates on
equal parts.
Party Wall
Co-ownership
1. Shares of parties
cannot
be
physically
segregated but they
can be physically
identified
Shares of the coowners

can
be
divided
and
separated
physically
but
before
such
division,
a
coowner cannot point
to
any
definite
portion
of
the
property
as
belonging to him
None of the coowners may use the
community
property for his
exclusive benefit
Partial renunciation
is allowed
2. No limitation as
to use of the party
wall for exclusive
benefit of a party
3. Owner may free
himself
from
contributing to the
cost of repairs and
construction of a
party
wall
by
renouncing all his
rights thereto
Presumptions of existence (juris

tantum):
Rhodora
John Stephen
Purganan(LTD),

45
MEMORY AID
1. in adjoining walls of buildings,
up to common elevation
2. in dividing walls of gardens and
yards (urban)
3. in dividing fences, walls and live
hedges of rural tenements
4. in ditches or drains between
tenements
Rebuttal of presumption:
1. title
2. by contrary proof:
3. by signs contrary to the
existence of the servitude (Arts.
660 & 661)
NOTE:
if
the
signs
are
contradictory, they cancel each
other
Rights of part owners:

1. to make use of the wall in
proportion to their respective
interests, resting buildings on it
or inserting beams up to one-half
of the walls thickness
2. to increase the height of the
wall
a. at his expense
b. upon payment of proper
indemnity
c. to acquire half interest in
any increase of thickness or
height,
paying
a
proportionate share in the
cost of the work and of the
land covered by the increase
Obligations of each part-owners:

1. to contribute proportionately to
the repair and maintenance
unless he renounces his partownership
2. if one part owner raises the
height of the wall, he must:
a. bear
the
cost
of
maintenance of the additions
b. bear the increased expenses
of preservation
c. bear the cost of construction
d. give additional land, if
necessary, to thicken the
wall
LIGHT AND VIEW

1. Easement of Light (jus luminum) CIVIL LAW COMMITTEE
IN
CIVIL LAW
right to admit light from the

neighboring estate by virtue of the
opening of a window or the making
of certain openings.
Requisites:
a. opening must not be greater
than 30 centimeters squared,
made on the ceiling or on the
wall; and
b. there must be an iron grating
2. Easement of view (jus prospectus)
the right to make openings or
windows, to enjoy the view through
the estate of another and the power
to prevent all constructions or work
which would obstruct such view or
make the
same difficult. It
necessarily includes easement of
light
Restrictions on openings in ones own
wall when contiguous (less than 2m) to
anothers tenement:
1. it cannot exceed 1 foot sq. (30 cm
each side)
2. openings must be at the height of
the joists, near the ceiling (Choco
vs. Santamaria, 21 Phil 132)
3. the abutting owner may:
a. close the openings if the wall
becomes a party wall
b. block the light by building or
erecting his own wall unless
a servitude is acquired by
title or prescription
c. ask for the reduction of the
opening to the proper size
Restrictions as to views
1. Direct views: the distance of 2
METERS between the wall and the
boundary must be observed
2. Oblique views: (walls perpendicular
or at an angle to the boundary line)
must not be less than 60cm from the
boundary line to the nearest edge of
the window
NOTE: Any stipulation permitting lesser
distances is void.
Modes of acquisition
1. by title
2. by prescription
a. positive counted from the time
of the opening of the window, if
Rhodora
John Stephen
Purganan(LTD),

46
MEMORY AID
it is through a party wall
b. negative counted from the
formal
prohibition
on
the
servient owner.
NOTE: mere non-observance of distances
prescribed by Art. 670 without formal
prohibition, does not give rise to
prescription
VOLUNTARY EASEMENTS
Constituted by the will of the parties
or of a testator.
The owner possessing capacity to
encumber property may constitute
voluntary servitude. If there are
various owners, ALL must consent;
but consent once given is not
revocable
Voluntary easements are established
in favor of:
1. predial servitudes:
a. for the owner of the
dominant estate
b. for any other person having
any juridical
relation with
the dominant estate, if the
owner ratifies it.
2. personal servitudes: for anyone
capacitated to accept.
NUISANCE
Any act, omission, establishment,
business or condition of property or
anything else which: (ISAHO)
1. Injures/endangers the health or
safety of others;
2. Shocks, defies or disregards
decency or morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of
property; or
5. Obstructs or interferes with the
free passage to any public
highway or street, or body of
water.
Classes:
1. Per se nuisance at all times and
under
all
circumstances
regardless of location and
surrounding.
2. Per accidens nuisance by
reason
of
circumstances,
location, or surroundings.
3. Public affects the community
CIVIL LAW COMMITTEE
IN
CIVIL LAW
or a considerable number of
persons.
4. Private affects only a person or
a small number of persons.
Doctrine of Attractive Nuisance:
One who maintains on his premises
dangerous
instrumentalities
or
appliances of a character likely to
attract children in play and who
fails to exercise ordinary care to
prevent children from playing
therewith or resorting thereto is
liable to a child of tender years who
is injured thereby, even if the child
is technically a trespasser in the
premises.
Remedies against public nuisance:
(PCE)
1. Prosecution under the RPC or
local ordinance
2. Civil Action
3. Extrajudicial Abatement
Remedies against private nuisance:
(CE)
1. Civil Action
2. Extrajudicial Abatement
Extrajudicial Abatement
Requisites:
1. nuisance must be specially
injurious to the person affected;
2. no
breach
of
peace
or
unnecessary injury must be
committed;
3. prior demand;
4. prior demand has been rejected;
5. approval by district health
officer and assistance of local
police; and
6. value of destruction does not
exceed P3,000.
THEORY OF MODE AND TITLE
MODE is the specific cause which

gives rise to them, as the result of
the presence of a special condition
of things, of the aptitude and intent
of persons, and of compliance with
the conditions established by law.
This is the proximate cause of the
acquisition.
Rhodora
John Stephen
Purganan(LTD),

47
MEMORY AID
TITLE is the juridical justification for

the acquisition or a transfer of
ownership or other real right. This is
the remote cause of the acquisition.
DIFFERENT MODES (and TITLES) of

ACQUIRING OWNERSHIP
Modes of
acquiring
ownership
OCCUPATION
a mode of acquiring ownership by
the seizure of things corporeal which
have no owner, with the intention of
acquiring them, and according the
rules laid down by law.
Requisites:
1. there must be seizure of a thing
2. the thing seized must be
corporeal personal property
3. the thing must be susceptible of
appropriation by nature
4. the thing must be without an
owner
5. there must be an intention to
appropriate
CIVIL LAW COMMITTEE
CIVIL LAW
Specific instances:
1. hunting and fishing
2. finding of movables which do not
have an owner
3. finding of abandoned movables
4. finding of hidden treasure
5. catching of swarm of bees that

has escaped from its owner,
under certain conditions
6. catching
of
domesticated
animals that have escaped from
their owners, under certain
conditions
7. catching of pigeons without
fraud or artifice
8. transfer of fish to another
breeding place without fraud or
artifice
Titles of
acquiring
ownership
A. Original Modes
1. Occupation
1. Condition of
being
without
known owner
2. Work which 2.
Creation,
includes
discovery
or
Intellectual
invention
creation
B. Derivative modes
3. Law
3. Existence of
required
conditions
4. Tradition
4. Contract of the
parties
5. Donation
5. Contract of the
parties
6. Prescription
6. Possession in
the concept of
owner
7. Succession
7. Death
IN
TRADITION/DELIVERY
a mode of acquiring ownership as a
consequence of certain contracts, by
virtue of which, the object is placed
in the control and possession of the
transferee,
actually
or
constructively.
Kinds:
1. Real Tradition - actual delivery
2. Constructive Tradition
a.
traditio
symbolica
parties make use of a token

or symbol to represent the
thing delivered
b.
traditio longa manu by
mere consent of the parties
if the thing sold cannot be
transferred to the possession
of the vendee at the time of
the sale
c.
traditio brevi manu
when the vendee already has
possession of the thing sold
by virtue of another title
d.
traditio
constitutum
possessorium when the
vendor
continues
in
possession of the thing sold
Rhodora
John Stephen
Purganan(LTD),

48
MEMORY AID
not as owner but in some
other capacity
3. Quasi-tradition exercise of the
right of the grantee with the
consent of the grantor
4. Tradicion por ministerio de la ley
delivery by operation of law
6. Tradition by public instrument
Requisites:
1. right transmitted should have
previously
existed
in
the
patrimony of the grantor
2. transmission should be by just
title
3. grantor and grantee should have
intention
and
capacity
to
transmit and acquire
4. transmission
should
be
manifested by some act which
should be physical, symbolical or
legal
DONATION
an act of liberality whereby a person
disposes gratuitously of a thing or
right in favor of another who accepts
it
Requisites: CIDA
1. donor must have capacity to
make the donation
2. he must have donative intent
(animus donandi)
3. there must be delivery
4. donee must accept or consent to
the donation
Essential features/elements of a
true donation:
a) Alienation of property by the
donor during his lifetime, which
is accepted
b) Irrevocability by the donor
c) Intention to benefit the donee
(animus donandi)
d) Consequent impoverishment of
the donor (diminution of his
assets)
Classification:
1. As to effectivity:
a. inter vivos
b. mortis causa
CIVIL LAW COMMITTEE
IN
CIVIL LAW
c. propter nuptias
2. As to perfection/extinguishment:
a. pure
b. with a condition
c. with a term
3. As to consideration:
a. simple - gratuitous
b. remuneratory or compensatory
made on account of donees
merits
c. modal imposes upon the donee
a burden which is less than the
value of the thing donated
Donation Inter
Vivos
Donation Mortis
Causa
1. Takes effect
independently
of
the donors death
2. Title conveyed
to
the
donee
before the donors
death
3. Valid if donor
survives donee
4. Generally irrevocable
during
donors lifetime
5. Must comply
with
the
formalities
required by Arts.
748 and 749 of the
Code
Takes effect upon the

death of the donor
Title conveyed upon
donors death
Void if donor survives
donee
Always revocable
Must comply with the
formalities required
by law for the
execution
Of wills
Donations prohibited by law:

1. Made by persons guilty of adultery or
concubinage at the time of donation;
2. Made between persons found guilty
of the same criminal offense in
consideration thereof;
3. Made to a public officer or his/her
spouse, descendants or ascendants in
consideration of his/her office;
4. Made to the priest who heard the
confession of the donor during the
latters last illness, or the minister
of the gospel who extended spiritual
aid to him during the same period;
5. Made to relatives of such priest, etc.
within the 4th degree, or to the
church to which such priest belongs;
6. Made by a ward to the guardian
before the approval of accounts;
7. Made to an attesting witness to the
Rhodora
John Stephen
Purganan(LTD),

49
MEMORY AID
execution of donation, if there is
any, or to the spouse, parents, or
children, or anyone claiming under
them.
8. Made to a physician, surgeon, nurse,
health officer or druggist who took
care of the donor during his/her last
illness;
9. Made by individuals, associations or
corporations not permitted by law to
make donations; and
10. Made by spouses to each other
during the marriage or to persons of
whom the other spouse is a
presumptive heir.
Forms of donations:
1. Donations of movable property:
a. With simultaneous delivery of
property donated:
i.
it may be oral/written P5,000
or less;
ii.
if value exceeds P5,000 written
in public or private document
b. Without simultaneous delivery:
the donation and acceptance
must be written in a public
or
private
instrument,
regardless of value
2. Donation of immovable property:
a. must be in a public instrument
specifying the property donated
and the burdens assumed by
donee, regardless of value
b. acceptance must be either:
i.
in the same instrument; or
ii.
in
another
public
instrument, notified to the
donor in authentic form, and
noted in both deeds
NOTE: Expression of gratitude to the
donor without express acceptance was
held a sufficient acceptance (Cuevas vs
Cuevas)
LIMITATIONS
ON
DONATION
OF
PROPERTY
1. Future property cannot be
donated.
2. Present property that can be
donated:
a) if the donor has forced heirs: he
cannot give or receive by
donation more than he can give
CIVIL LAW COMMITTEE
IN
CIVIL LAW
of receive by will
b) if the donor has no forced heirs:
donation may include all present
property provided he reserves in
full ownership or in usufruct:
1) the amount necessary to
support him, and
2) those relatives entitled to
support from him
3) property sufficient to pay
the donors debt contracted
prior to the donation.
3. Donation should not prejudice
creditors
4. Donee must reserve sufficient
means for his support and for his
relatives which are entitled to
be supported by him.
EFFECTS OF DONATION
1. donee may demand the delivery of
the thing donated
2. donee is subrogated to the rights of
the donor in the property
3. in donations propter nuptias, the
donor must release the property
from
encumbrances,
except
servitudes
4. donors warranty exists if
a. expressed
b. donation is propter nuptias
c. donation is onerous
d. donor is in bad faith
5. when the donation is made to
several donees jointly, they are
entitled to equal portions, without
accretion, unless the contrary is
stipulated
Payment of the donors debt by the
donee
1. If there is express stipulation: the
donee is to pay only debts
contracted before the donation, if
not otherwise specified; but the
donee answers only up to the value
of the property donated, if no
stipulation is made to the contrary
2. If there is no stipulation: the donee
is answerable for the debts of the
donor only in case of fraud against
creditors.
ACTS OF INGRATITUDE
1. If the donee should commit some
Rhodora
John Stephen
Purganan(LTD),

50
MEMORY AID
offense against the person, honor or
property of the donor, or of his wife
or children under his parental
authority
2. If the donee imputes to the donor
any criminal offense, or any act
involving moral turpitude, even
though he should prove it, unless the
crime or act has been committed
against the donee himself, his wife
or children under his authority
3. Refusal to support the donor
the actor
2.
requires
possession
by
a
claimant who is not
the owner
PRESCRIPTION
Kinds:
1. Acquisitive prescription - one
acquires ownership and other real
rights through the lapse of time in
the manner and under the conditions
laid down by law.
a. Ordinary
acquisitive
prescription: requires possession
of things in good faith and with
just title for the time fixed by
law
b. Extraordinary
acquisitive
prescription:
acquisition
of
ownership and other real rights
without need of title or of good
faith or any other condition
Requisites:
1) capacity
to
acquire
by
prescription
2) a thing capable of acquisition by
prescription
3) possession of thing under certain
conditions
4) lapse of time provided by law
5. results in the
acquisition
of
ownership or other
real rights in a person
as well as the loss of
said ownership or real
rights in another
2. Extinctive Prescription rights and

actions are lost through the lapse of
time in the manner and under the
conditions laid down by law.
Acquisitive
prescription
Extinctive
prescription
1.
relationship
between
the
occupant and the
land in terms of
possession is capable
of producing legal
consequences; it is
the possessor who is
1. one does not look

to the act of the
possessor but to the
neglect
of
the
owner
CIVIL LAW COMMITTEE
3.
applicable
to
ownership and other
real rights
4. vests ownership or
other real rights in
the occupant
6. can be proven
under the general
issue
without
its
being
affirmatively
pleaded
IN
CIVIL LAW
2. requires inaction
of the owner or
neglect of one with
a right to bring his
action
3. applies to all
kinds
of
rights,
whether real or
personal
4. produces the
extinction of rights
or bars a right of
action
5.
results in the
loss of a real or
personal right, or
bars the cause of
action to enforce
said right
6.
should
be
affirmatively
pleaded and proved
to bar the action or
claim of the adverse
party
Period of Prescription
Movables
Immovables
4 years
1. Good Faith
10 years
8 years
2. Bad Faith
30 years
Rules on Computation of Period:

1. The present possessor may complete
the period necessary for prescription
by tacking his possession to that of
his grantor or predecessor
2.
It is presumed that the present

possessor who was also the possessor
at a previous time, has continued to
be in possession during the
intervening time, unless there is
proof to the contrary
3. The first day shall be excluded and
the last day included
Persons Against Whom Prescription
runs:
1. Minors and other incapacitated
persons who have parents, guardians
or other legal representatives
2. Absentees who have administrators
Rhodora
John Stephen
Purganan(LTD),

51
MEMORY AID
3. Persons living abroad who have
managers or administrators
4. Juridical persons, except the state
and its subdivision
Persons against whom prescription
does NOT run:
1. Between husband and wife, even
though there be separation of
CIVIL LAW COMMITTEE
IN
CIVIL LAW
property agreed upon in the

marriage settlements or by judicial
decree.
2. Between parents and children,
during the minority or insanity of the
latter
3. Between guardian and ward during
the continuance of the guardianship
Rhodora
John Stephen
Purganan(LTD),
Prescriptive
period
Actions
Prescriptive period
Actions
a) Imprescriptible
to declare an
inexistent or void
contract
to quiet title
to demand a
right of way
to bring an
action for
abatement of
public nuisance
to demand
partition in coownership
to enforce a
trust
probate of a
will
to recover
possession of a
registered land
under the Land
Registration Act
by the registered
owner
g) 4 YEARS
action to revoke
donations due to
non-compliance of
conditions
action to
rescind partition of
deceaseds estate
on account of
lesion
action to claim
rescission of
contracts
annulment of
contracts for vice
of consent
actions upon a
quasi-delict
action to revoke
or reduce
donations based on
birth, appearance
or adoption of a
child
actions upon an
injury to the rights
of the plaintiff
(not arising from
contract)
b) 30 YEARS
real actions
over immovables
(but not
foreclosure)
without prejudice
to the acquisition
of ownership or
real rights by
acquisitive
prescription
h) 3 YEARS
actions under
the eight hour
labor law
actions to
recover losses in
gambling
money claims as
a consequence of
employeremployee
relationship
action to
impugn legitimacy
of a child if the
husband or his
heirs reside abroad
c) 10 YEARS
actions upon a
written contract
actions upon
an obligation
created by law
actions upon a
judgment from
the time
judgment
becomes final
actions among
co-heirs to
enforce warranty
against eviction in
partition
Mortgage
action
i) 2 YEARS
action to
impugn legitimacy
of a child if the
husband or his
heirs are not
residing in the city
or municipality of
birth
d) 8 YEARS
action to
recover movables
without prejudice
to acquisition of
title for a shorter
period or to the
possessors title
under Arts. 559,
1505 and 1133
j) 1 YEAR
action to
impugn legitimacy
of a child if the
husband or his
heirs are residing
in the city or
municipality of
birth
forcible entry
and unlawful
detainer
Defamation
Revocation of
donation on the
ground of
ingratitude
Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude
action for
warranty of
solvency in
assignment of
credits
actions for loss
or damage to
goods under the
COGSA
e) 6 YEARS
actions upon
an oral (verbal)
contract
actions upon a
quasi-contract
k) 6 MONTHS
actions for
warranty against
hidden defects or
encumbrances over
the thing sold
f) 5 YEARS
action for
annulment of
marriages (except
on the ground of
insanity) and for
legal separation
counted from the
occurrence of the
cause
actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition
action for the
declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)
all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues
l) 40 DAYS
redhibitory
action based on
faults or defects of
animals

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San Beda College of Law

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conditions, the body of a person or

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devoted for distinctly governmental

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all the possibilities or utility of the

De Facto case of Eminent Domain

EXCEPTION: Doctrine of Incomplete

As to when possession became

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Definition: any hidden or unknown

GENERAL RULE: To the owner

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the building to remove the building

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2. Avulsion the transfer of a known

of his land through gradual changes

3. Change of course of rivers

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When separation of things

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indemnifying for the labor,

received from the latter, or

The action to quiet title does not

Ruinous Buildings and Trees in Danger

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CIVIL LAW COMMITTEE

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owners as a matter of right at

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third person or a co-owner who

CONDOMINIUM ACT (R.A. NO. 4726)

GENERAL RULE: Common areas shall

remain undivided, and there shall be no

than 30% interest in the common

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In ones own name where possessor

of the answer if the date of

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CIVIL LAW COMMITTEE

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CIVIL LAW COMMITTEE

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or leased because this

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CIVIL LAW COMMITTEE

between two or more persons

Real right only when

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Modes of Acquisition: (PDFAT)

CIVIL LAW COMMITTEE

preservation of the servitude

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Shares of the coowners

Presumptions of existence (juris

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Rights of part owners:

Obligations of each part-owners:

LIGHT AND VIEW

right to admit light from the

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CIVIL LAW COMMITTEE

MODE is the specific cause which