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Atty Lopez Rosario Notes On Property
Atty Lopez Rosario Notes On Property
2011-2012
I. DEFINITION OF TERMS
Property Thing
Property - any physical or real, juridical, and
legal entity of being capable of becoming the
subject matter or objective terminus of a juridical
relation (Sanchez Roman)
Object for a validity of a contract.
Can be appropriated
Thing - any object that exists and is capable of
satisfying human needs.
-includes both objects that are already
possessed or owned and those that are
susceptible of appropriation
REQUISITES OF PROPERTY (U-S-A)
1. Utility 2. Substantivity - has a separate or autonomous
existence
3. Appropriability
*not all kinds of things are property, all kinds of
property are things
Examples:
1. Kidney of a human being, thing or property?!?
We must determine first W/N it can be
sold. If it is a property, no problem because it
can be appropriated. If it is a thing, the validity of
the sale can be attacked because the object of
the sale is outside the commerce of men.
* outside the commerce of man , illegal
* health and sanitation purpose
*can only be donated to Filipinos
2. Corpse (usually found in med school)
- thing, not susceptible of appropriation
- in reality there might be illegal
transactions, legally speaking it is not subject to
sale
(connect to OBLICON, elements of a valid
contract: consent, object- within commerce of
man, cause)
Movable Immovable
By Destination - 2 KINDS:
1.
machineries/
equipments
important who placed the property, if it is
necessary
Example:
a. chair in classroom - Is it the owner who
placed it there? How relevant is a chair to the
industry (education)? Have you been to a
classroom without a chair?
b. trash can - Can we still conduct classes eve if
we do not have trash can?
c. Vendo Machine - Is it relevant to our
education?
2. ornaments - the person who
introduced it is important, must be the owner.
The intention to attach the property permanently
is also important.
Example:
a. Statue of St. Raymond and Mother Perpetual
- Is it important? OPKORS! It is an ornament,
UST is a catholic school, intention of attaching it
permanently without being transferred.
Examples:
a. fertilizer - already applied to the soil, difficult
to remove it without damage or injury to the soil,
hence it is a real property by incorporation. If still
in bags, personal property!
2. BY ANALOGY
Art. 417. The following are also considered as personal
property:
(1) Obligations and actions which have for their
object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial
and industrial entities, although they may have
real estate.
Fungible Consummable
Q: Why do we need to classify property as
real or personal? Why is it important?
A: Because different provisions of law deals with
different kinds of property. You dont believe
me? Here are some examples:
a) Credit Transactions
If you want to obtain loan and you give your
house to creditor as collateral, that is a REAL
ESTATE mortgage. If you give your car as
collateral, that is CHATTEL mortgage.
b) Criminal Law
The RPC defines theft as the unlawful taking of
personal property with intent to gain. If its real
property, it can be unlawful detainer or
usurpation.
(still not convinced?!? Eto pa isa)
c) Taxation
Tax on your land is REAL ESTATE tax,
AMILYAR.
PUBLIC SERVICE
- intended for
authorized persons
only.
EXAMPLES
Libingan ng mga
Bayani
PGH
Camp Crame
CASES
Harty vs. Mun. of Victoria
Plaza of the Church is property of public
Dominion, therefore it cannot be alienated, sold,
in short, it is outside the commerce of men.
Ocsio vs. CA
The Supreme Court held that Patrimonial
Property may be acquired through prescription.
A religious corporation is a juridical person, it
can also acquire property
CLASSIFICATION OF THINGS
*RES - latin word for property
Res Nullius- belongs to no one, not yet
appropriated but susceptible to appropriation.
- Look in the Botanical Garden of UST,
you will see butterflies, salagubang, spiders
etc If you want to get these poor insects and
then a Dominican Father will reprimand you, Tell
him Father, these are res nullius, nobody owns
them.
Res
Communesbelonging
everyone
air, sun moon
to
*Bad Faith:
- characterized by malice, dishonesty
and unlawful intent
Builder in Bad Faith - a person who constructs
improvements upon a parcel of land which he
believes as not his or that he is aware that there
exists in his title or mode of acquisition a flaw
which invalidates it or that knowing that he is not
the owner of said land he undertook construction
thereon without the knowledge and consent of
the owner thereof.
CASES
Premier Bank vs. CA
A purchaser of a property cannot be in
good faith where the title thereof shows that it
was reconstituted
Banks, being in the business of
extending loans secured by real estate
mortgage, is familiar with rules on land
registration , and as such, it is expected to
exercise more care and prudence than private
individuals in their dealing with registered land
that Premiere Bank accepted in mortgage the
property in question notwithstanding the
existence of structures on the property and
which were in actual, visible and public
possession of a person other that the mortgagor,
constitutes gross negligence amounting to bad
faith.
Cua vs. Vargas
REMEMBER:
Real Right = Action in REM
it is attached to the property whoever
the owner may be. The court will
proceed to try the case even without
defendant.
E.G. In judicial foreclosure, the court will
continue the proceedings even without
the presence of the owner. You do not
need the owner to foreclose the
property.
Personal Right = Action in PERSONAM
The right is attached to the person. If
person dies, no more right. It ceases
upon the death of the person
The court will not acquire jurisdiction
unless the person submits himself
before it.
GEN. RULE. Right to Lease & Right to Usufruct
are REAL RIGHTS.
XPN: it may be stipulated in the contract that
when the lessee or the usufruactuary dies
before the end of the lease or usufruct period,
the owner of the property may pre-terminate the
contract, hence the heirs of the lessee or
usufruactury must evacuate the property.
of
Kinds of Fruits:
Natural fruits - young of animals, plants
which grew without the intervention of man
Ownership Possession
OWNERSHIP - may be exercised over things or
right (Art. 427)
-
-6 Rights of an Owner-
Doctrine of Self-Help
Art. 429. The owner or lawful possessor of a thing has
the right to exclude any person from the enjoyment
and disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical
invasion or usurpation of his property.
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III. ACCESSION
Accession Accessory
Accession - not a mode of acquiring ownership
(book 3 of NCC enumerates the modes of
acquiring ownership, accession not include)
-simply an extension of ownership over
a thing to whatever is incorporated thereto
naturally or artificially (with or without human
labor)
- Can happen both in real and personal
property
- fruits of or additions to improvements
upon the principal
Remember ( API )
Attached, Produced, Incorporated
Note: Accession exists if the incorporation is
such that separation would seriously
damage either thing or diminish its value
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AVULSION
sudden
or
abrupt
process
identifiable
belongs to owner from
whose property it was
detached
maragsa = with force
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Uprooted Trees
Art. 460. Trees uprooted and carried away by the
current of the waters belong to the owner of the
land upon which they may be cast, if the owners do
not claim them within six months. If such owners
claim them, they shall pay the expenses incurred in
gathering them or putting them in a safe place.
natural
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NOTA BENE:
Art. 469. Whenever the things united can be
separated without injury, their respective owners
may demand their separation.
Nevertheless, in case the thing united for the use,
embellishment or perfection of the other, is much
more precious than the principal thing, the owner of
the former may demand its separation, even though
the thing to which it has been incorporated may
suffer some injury.
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RULES:
1. Owner of Principal in Good Faith:
Gen. Rule: Maker acquires the new
thing and indemnify owner of material (unjust
enrichment)
XPN: if the value of the material is
greater than value of labor, owner of material
has option:
a) to acquire the property + indemnify
for labor OR
b) demand indemnity for material
2. Owner of Principal in Bad Faith
Owner of material has option:
a) acquire the result without indemnity
(due to impossibility of separation) OR
b) indemnity for the material + damages
3. Owner of Material in Bad Faith
- loses material and must pay damages.
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Procedural remedy
There should be an instrument or
document involved
No rule in civil procedure and special
proceedings, therefore, sabi ni Mam
LR, it is a DECLARATORY RELIEF
V. Co-ownership
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Dissolved by death of
partner
Example:
1. Law office through partnership
Can enter into transaction with any
person
2. Co-owner of property
Cannot enter into transaction
No juridical capacity
Remedy: Co-owner will have to enter
rd
into particular transaction with 3 person
3. Partnership: 1 dies = partnership is
terminated
Co-ownership: 1 dies, will not
dissolved the co-ownership.
Q: Is there perpetual co-ownership?
A: No. Any co-owner can demand partition of
ownership at any time.
Basis: Patricio vs Dario III
No co-owner ought to be compelled to
stay in a co-ownership indefinitely.
Co-owner may insist on partition of the
property at any time.
An action to demand partition does not
prescribe
If there is agreement on co-ownership, can
continue for a maximum of 10 years.
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1.
2.
3.
4.
Jus Possidendi
The right to possess
Right exercised by the owner of the property.
Different Types of Credit Transactions
Commodatum
Usufruct
Antichresis
Lease Lessee holder
Lessor owner
rd
*Right of possession is transferred to a 3
person but not the other rights of an owner.
Q: What can be objects of possession?
A: Only things and rights susceptible of
appropriation
Res Nullius Nobody owns them so
you cannot be charged of robbery.
Res Alicujus unless in relation to
different kinds of transactions, owner delvers
rd
possession to a 3 person which shows that
the object is not res nullius, subject that there is
consent in the transfer of the possession.
Q: What are excluded?
A:
Res Communes
Property of Public Dominion
Discontinuous Servitudes
Non-apparent- servitudes.
Constitutum
Possessorium
(CP) take place when the owner of the
property alienates it but continues to be
in possession in the concept of a tenant
or
other
subordinate
right
=
lessee/usufruct.
Ex. Owner sells property to another person
subject to the condition that he is allowed to
continue to possess the property.
2. By the subjection to the action of our will
according to law even without physical
seizure
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Clandestine possession
hidden or disguised, as distinguished
from open or public possession.
Possession by tolerance
does not give rise to ownership.
Ex. Squatter (Informal Settlers) living in
Rizal Park.
Acts merely tolerated, and those executed
clandestinely and without knowledge of the
possessor of a thing or by violence, do not
affect possession. (Art. 537)
Jus Possessionis
Right of possession is
independent and apart
from ownership
Who enjoys? :
- Usufructuary
-Bailiee in
Commodatum
-Pledgee
-Lessee
Jus Possidendi
Right to possession
is a mere incident of
ownership
Who Enjoys? :
Possession
with
Juridical Title
Predicated
on
ajuridical
relation
existing between the
possessor and the
owner of the thing but
not in the concept of
owner, such as that of
lease,
usufructuary,
depositary etc.
Connect with right ofpossession
Ex.Usufructuary,
Depositary,
pledge,
lessee in possession
but not in the concept
of an owner.
Possession
with
Just Title
Possession of an
adverse
claimant
whose
title
is
sufficient to transfer
ownership but is
defective as when
the seller is not the
true owner.
Connect with right
to possession
Refers to owner of
property
Sampayan vs. CA
SC: In an action for forcible entry,
plaintiff must prove that he was in
previous possession of the land/building
and he was deprived thereof by means
of fraud, intimidation, threat, strategy
or stealth (FISTS). Absence of prior
physical/actual possession by plaintiff
warrants the dismissal of his complaint.
Complainant must prove that:
1. he is in ACTUAL possession
2. he is deprived of possession through
FISTS
2) Unlawful detainer originally defendant was
in lawful possession of property, however,
because of expiration of the period that has
been leased/violation/breach of conditions
stipulated, possession of that defendant
becomes unlawful.
Steps:
1)
Demand for defendant to vacate
premises (15-30 days)
2)
Letter must be given which was
made by a lawyer for an action of unlawful
detainer.
Ocampo vs. Tiroma
SC: Elements to be proved in unlawful
detainer:
1. There was lawful possession first - this
may be in a lease or usufruct
2. The contract is expired already or there
was a violation of the contract.
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Remedies:
Recovery of possession
Accion Publiciana Issue: Possession
Accion Reinvidicatoria Issue: Ownership
RTC
Oblicon: For a person to be in default, you must
make a demand.
Within 1 year from the date of?
Answer: Demand to vacate the premises
Injunction, against continuation of trespass
Q: What is the proper remedy to get rid of
informal settlers?
A: Demand first that they should vacate the
property. Then 1 year from date of demand to
vacate if still stubborn, file accion publiciana in
the RTC.
Q: What if property is not real but personal?
A: File an action for REPLEVIN.
Replevin : Go back to Art. 415 real/personal
property.
to
demand
Right of Retention
Sps. Nuguid vs. CA
Under Art. 448, the owner is given the option:
a)
To appropriate the improvement
as his own upon payment of the proper
amount of indemnity; or
b)
To sell the land to the possessor
in good faith
Relatedly, Art. 546 provides:
that a builder in good faith is entitled to full
reimbursement for all necessary and useful
expenses incurred.
Also gives builder/possessor in good faith
the
right
of
retention
until
full
reimbursement is made.
Kinds of Action to Recover Possession of
Real Property
1) Summons (Accion Interdictal) forcible
entry/unlawful detainer.
MTC
2) Accion Publiciana action for the recovery of
possession.
Based on superior right of plaintiff to
possession (in concept of holder)
RTC
Issue: On possession NOT ownership
3) Accion Reinvindicatoria Issue: Based on
ownership
RTC
4) Injunction against continuation of trespass.
5) Interpleader a suit to determine a right to
rd
property held by a disinterested 3 party, who
is in doubt about the ownership and who
therefore deposits the property with the Court
to permit interested parties to litigate
ownership.
Purpose:
1) Who should receive property;
2) avoid multiple liabilities.
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Characteristics/Elements:
A. Essential without which it is not a
usufruct.
1) Real right
2) Temporary in nature
3) Purpose: To enjoy the benefits
B. Natural ordinarily is absent
GR: to preserve it
XPN: when the title/law provides that it
is OK not to preserve.
C. Accidental
Difference between Usufruct Lease
Lease consideration is regular,
weekly, monthly
Usufruct consideration is only ONCE,
not a regular basis
Reason:
a) To prevent exploitation
b) To prevent abuse w/c is
frequent
c) To prevent impairment
Q: May a usufructuary lease the object?
A: NHA vs CA Art. 565, 572
Usufructuary may lease the object, has
the right to enjoy the fruits
Has the right to choose tenants
Usufructuary allowed to administer and
manage the property
Q: What happens to the contract of lease
entered into by the usufructuary in relation
to the stipulated period agreed upon by the
naked owner and usufructuary?
A: The lease contract entered into by the
rd
usufructuary with a 3 person will be terminated
upon the termination of the contract of usufruct.
Upon termination of usufruct, it is also
termination of contract of lease.
Usufructuary/heirs/succession
Similar analogy
shall only recover
proportionate share of the rent.
If lessee sublease the property under
lease, original contract of lease is
terminated, the sublease contract
automatically terminated.
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usufructuary
will
shoulder
Extraordinary souldered by the
naked owner.
Q: What are the obligations of a usufructuary
before entering upon the enjoyment of
property?
A: 1. To make an inventory of all the property;
2. To give a security
Reason: the law wants to protect the interest of
the naked owner considering that the
possession, right to use and enjoy the fruits are
entrusted to the usufructuary.
Growing crops goes to the naked
owner, reimburse the usufructuary.
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already
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