You are on page 1of 56

(Notes in red are opinions of lecturers, of authors on the subject, or of the reviewee.

Property is the economic concept of a mass of things useful to human activity & necessary to
life, for w/c reason they may be organized & distributed one way or another, but always for the
good of man.

1. Appropriability
2. Utility
3. Substantivity (autonomous/separate existence)

Arts. 415-417, CC (classification as to mobility)

Real (Art.
415, CC)

(Arts. 416417, CC)

1. By nature land, mines, quarries, slag dumps (Art. 415(1) & (8))
2. By incorporation trees, plants, growing fruits; everything attached to an
immovable in a fixed manner (res vinta); statues, reliefs, paintings, fixedly
placed on buildings; animal houses (Art. 415(2), (3), (4), & (6))
3. By destination machinery or instruments destined for use in the industry
or works of the owner of a building/tenement; fertilizer actually used; docks
(Art. 415(5), (7), & (9))
4. By analogy rights & interests over existing immovable properties (e.g.
easements over immovables, contracts for public works, other real rights
over immovables) (Art. 415(10))
1. By nature (Art. 416, CC)
(a) Appropriable movables not enumerated in Art. 415 (Art. 416(1))
(b) Realty considered personal by special provision of law (Art. 416(2))
(c) Forces of nature brought under control by science (Art. 416(3))
(d) In general, all things which can be transferred from place to place
without impairment of the realty to which they are fixed (Art. 416(4))
2. By analogy (Art. 417, CC)
(a) Obli. & actions w/ movables/demandable sums as objects (Art. 417(1))
Pineda opines that a sum need not be due & demandable for the
obligation/action to be deemed personal property
(b) Shares of stock (Art. 417(2))

Art. 418, CC (classification of movables as to consumability)

1. Consumable cannot be used in a manner appropriate to its nature w/o its consumption
Maam LRs tests on consumability:
(a) Is there a reduction or decrease in the quantity?
(b) Is there physical destruction of the property?

(c) Is there deterioration of the thing?

2. Non-consumable
Arts. 419-422, 424 & 425, CC (+ Roman law) (classification as to ownership)
1. Res nullius belonging to no one
2. Of public dominion property of the State
(a) For public use
e.g. roads, canals, rivers, torrents, ports, bridges,* banks, shores, roadsteads
[*constructed by the State]
(b) For public service
(c) For development of national wealth
Characteristics of property of public dominion:
- Outside the commerce of man
- Cannot be subject of acquisitive prescription
- Cannot be attached or levied upon in execution
- Cannot be burdened w/ a voluntary easement
3. Of private ownership belonging to private persons, individually or collectively
(a) Patrimonial (Art. 424) all property of the State not of public dominion
(b) Of private persons
Other notable (non-obvious) classifications
1. Specific (non-fungible) fixed, definite, & individually identified
Individuality 2. Generic (fungible) indicated by homogeneity or class; belonging to a
common genus permitting its substitution
1. Principal to w/c another property is incorporated, whether for (a) the use or
perfection of the first, or (b) as an ornament
2. Accessory incorporated to a principal for its use/perfection, or as ornament
1. Present
2. Future
Significance of classification
- Only present property may be sold or donated (nemo dat quod non habet)
- Future property may be transferred by donation propter nuptias or by will
Rights as property (real & personal rights)
(jus in re)
Power of a person to obtain a certain
financial/economic advantage over a
particular property, w/c power is
enforceable against the whole world
1. Created by both title & mode
2. Directly created over a thing (i.e.
attached to property)

(jus in personam)
Power of one person to demand of
another (obligor) the fulfillment of a
prestation to give, to do, or not to do
1. Created by title alone
XPN: when the title is also
the mode (e.g. succession)
2. Not directly created over a thing,
but exercised through another
against whom the action is to be
brought (i.e. attached to a


Specific property
1. Active subject owner
2. Indefinite passive subject world
Enforceable against any possessor of
the thing, or the whole world
Right of pursuit the real right
follows its object in the hands of
any possessor



Limited by the usefulness, value, or

productivity of the thing
By loss or destruction of the object


All of obligors present & future prop.

1. Active subject obligee
2. Definite passive subject obligor
Only the obligor & his/her heirs,
executors, assigns can be required to
perform the obligation, subject to the
ff. rules:
1. The law allows, when warranted,
actions for fulfillment of the
obligation by persons other than
the obligor, etc. (e.g. accion
pauliana1 & subrogatoria2)
2. Purely personal obligations do
not survive the obligors death
No such limitation (i.e. may be
enforced vs. all properties of the
debtor not exempt from execution)
By payment/performance or other
modes of extinguishing obligations
(e.g. loss of specific thing, or death of
the obligor in purely personal obli.)

Ownership, defined
Case: Garcia vs. Ramos (CA case) complete subjection of a thing to ones will in everything
not prohibited by law or the concurrence of the rights of another
Bundle of rights included in ownership
1. Jus utendi (use) (Art. 428, CC)
2. Jus fruendi (fruits) (Art. 440, CC)
3. Jus dispodendi (disposal/disposition partial/total, temporary/permanent) (Art. 428, CC)
4. Jus vindicandi (pursuit & recovery) (ibid.) (see actions for recovery next page)
5. Jus abutendi (abuse, i.e. use by consumption) (implied from jus utendi)
6. Jus prohibendi (exclusion/principle of self-help) (Art. 429, CC) (see below)
7. Other specific rights under CC:

1 Action asking the court to rescind/impugn all acts done by the debtor in fraud of creditors (Art.
1177, CC)
2 Action to be subrogated to all the rights & actions of the debtor save those inherent in his
person (ibid.)

(a) Right to enclose (Art. 430)

(b) Right to just compensation re: expropriation (Art. 435)
(c) Surface & sub-surface rights (Art. 437)
(also airspace rights)
Basis: Cujus est solum est ejus est usque ad
coelum et usque ad inferos. (He who owns the
applies to ownership
land owns all above it up to the heavens and
of real property
down to the depths.)
Case: NAPOCOR vs. Ibrahim limit of subsurface rights such height or depth where it
is possible for the landowner to obtain some
(d) Right to hidden treasure (Arts. 438-439)
(e) Right to accession (Art. 440) covers both real & personal property
Art. 429, CC (principle of self-help) authorizes an owner or lawful possessor* of a property
to use reasonable counter-force to prevent actual/threatened dispossession thereof
[* a 3rd person may exercise self-help for another; w/in ambit of negotiorum gestio]
Re: reasonably necessary
1. Determined by the objective situation, not by what the possessor imagines to exist
a party in peaceable, quiet possession shall not be turned out by a strong hand
2. Excess renders the owner/possessor liable for damages or even criminally
Case: German Management & Services, Inc. vs. CA when possession is already lost, the
owner must resort to judicial process for the recovery of his/her property (see below)
Actions for recovery of possession or ownership
1. Forcible entry: for recovery of possession de facto deprived by force,
intimidation, strategy, threats, or stealth [FISTS]
Prescriptive period: w/in 1 yr. from date of physical dispossession
2. Unlawful detainer: for recovery of actual, physical possession w/c was
initially lawful but became unlawful after failure to vacate upon notification
Prescriptive period: w/in 1 yr. from date of last demand
3. Accion publiciana (Art. 555(4), CC): for recovery of the better right of
possession (i.e. possession as a real right/de jure)
Prescriptive period: w/in 10 yrs. from loss of possession de facto
4. Accion reivindicatoria: for recovery of real right of ownership
Prescriptive period: GR:
30 yrs. (extraordinary acq. prescription, i.e.
uninterrupted adverse possession w/o need of
title or good faith)
XPN: 10 yrs. (ordinary acq. prescription, i.e. w/ good
faith & just title, in concept of owner)
Requisites: (a) Thing = corporeal, concrete, & determinate
(b) Proof of identity by borders
(c) Superior title

Replevin (R60, RoC): for recovery of either ownership or possession

Prescriptive period: GR:

8 yrs. (extraordinary acq. prescription)


XPN: 4 yrs. (ordinary acq. prescription)

1. Writ of possession: writ commanding the sheriff to enter into the land and
give possession thereof to the person entitled under the judgment; proper
only in the following proceedings
(a) Land registration proceeding
(b) Extrajudicial foreclosure of real estate mortgage
(c) Judicial foreclosure of mortgage
(d) Execution sales
2. Writ of preliminary mandatory injunction (Art. 539(2), CC):
Movant: plaintiff in a forcible entry case
Purpose: to restoration of possession
Prescriptive period: w/in 10 days from filing of complaint
[decided upon by the court w/in 30 days from filing of motion]

Art. 434, CC (requirements in substantiating an action to recover property)

1. Proper identification of the property
2. Plaintiffs title = clear, strong, & credible
3. Plaintiff is not allowed to rely on the weakness of defendants title
Basis: Art. 433, CC (disputable presumption of ownership)
[actual possession + claim of ownership = disputable presumption of ownership]
Limitations on the right of ownership
1. Imposed by the State
(a) Police power (e.g. abatement of nuisance)
Case: Churchill vs. Rafferty exercise of police power damnum absque injuria
(b) Taxation (property may be taxed & sold if necessary for non-payment of taxes)
(c) Eminent domain (taking of property for public use, but w/ just compensation)
2. Imposed by law
Art. 431, CC (underlying principle re: statutory limitations) Sic utero tuo ut
alienum non laedas. (The owner of a thing cannot make use thereof in such
manner as to injure the rights of a 3rd person.)
Instances (a) Art. 432, CC (state of necessity) authorizes the destruction of a
property lesser in value to avert the danger posed to another property of
greater value
- Reimbursement: owing to the owner of the property sacrificed, from
all who benefited from the destruction of his property
- Interplay w/ principle of self-help:
If through error, mistake, or miscalculation, a person thought he
was in a state of necessity when he is not, & the property of
another was to be destroyed in the process, the latter person
can prevent destruction by self-help
if the property was destroyed: erring
person is liable for damages
Proper & licit state of necessity prevails over self-help
(b) Legal easements (see discussion on easements)
(c) Art. 2191, CC (liability for damages caused by certain objects)
3. Imposed by the owners/grantors will: VALID, provided not contrary to/forbidden by law
4. Imposed by oneself (e.g. mortgages, voluntary easements)

Arts. 438-439, CC (hidden treasure)

Elements 1. A deposit of money, jewelry, or other precious objects
2. Hidden or unknown (i.e. owner does not know anymore, or has abandoned it)
3. Lawful owner cannot be traced or identified
To whom hidden treasure belongs
1. Owner & finder = one person; or
2. Finder = trespasser
Dean Navarros take: if the finder was employed by the property
Owner of the property*
owner to look for treasure, the finder will not be entitled to any
where it was found
share under Art. 438; his remuneration (or share in the treasure)
will be governed by his contract w/ the property owner
Requisites re: finder
1. Identity: (a) 3rd person (i.e. not the property owner); or
(b) in possession of the property as usufructuary
if finder is a 3rd person & he/she found hidden
Property owner* &
treasure in a property under usufruct, the
finder (50/50)
usufructuary gets nothing
2. Finds hidden treasure by chance (i.e. by a stroke of good fortune)
If finder is married: share forms part of conjugal property
(see discussion on property regimes)
[* property owner includes the State or any of its subdivisions]
Option of the State to acquire @ just price: if of interest to science or the arts

Art. 440, CC (accession, defined) extension of ownership over a thing to whatever is:
1. Produced by it
2. Incorporated or attached to it, naturally or artificially
Kinds of accession
Accessio GR: The owner of the fruit-producing property should justly be the owner of the
n discreta
fruits it produces/generates (Art. 441, CC)
1. Succession: fruits of property donated & subject to collation belongs to
the estate from the day succession opens (Art. 1075, CC)
2. Antichresis: fruits pertain to the antichretic creditor (Art. 2132, CC)
3. Possession in good faith: fruits pertain to possessor in GF until legally
interrupted in his possession (Art. 544(1), CC)
4. Usufruct: fruits pertain to the usufructuary (Art. 566, CC)
5. Lease: fruits pertain to the lessee (XPN: contrary stipulation)
Art. 442, CC (kinds of fruits)
1. Natural: spontaneous products of the soil (+ young of animals)
2. Industrial: produced by lands of any kind through cultivation or labor
Art. 444, CC (when natural & industrial fruits are considered to exist)
Perennial fruits (e.g. apples, coconuts): when they physically appear
Annual fruits: from the moment their seedlings sprout from the ground


Young of animals: when they subsist in the womb

3. Civil: rent & annuities, other similar income
Case: Orozco vs. Araneta interest to loans & dividends, whether in cash or
in stock, are covered by the phrase other similar income
Art. 443, CC (reimbursement of expenses) he who receives the fruits is obliged
to pay expenses made by a 3rd person in their production, gathering, & preservation
1. Application: where a property owner recovers same from a possessor, where
the fruits have already been gathered/harvested by a 3rd person, regardless of
whether the possessor has already received the fruits
Dean Pinedas take: the 3rd person in Art. 443 is not a BPS (for the simple
reason that, taking CC as a whole, if it was intended that the 3 rd person be
a BPS, it would have been referred to as such) and I agree
2. Effect of possession of the fruit-bearing property in bad faith
NONE; Art. 443 does not distinguish
XPN: Where possessor in bad faith is also the planter/sower & fruits are still
pending/ungathered at the time possession in bad faith is given up,
he/she is NOT ENTITLED TO REIMBURSEMENT (cf. Art. 449, CC)
Bases: necessity, utility; accessory follows the principal
Arts. 445-465, CC (accession continua as to immovables)
1. Accession natural
(a) Alluvium (Art. 457)
(b) Avulsion (Art. 459)
(c) Change of course of river (Arts. 461-462)
(d) Formation of islands (Arts. 464-465)
2. Accession industrial (see rules below)
Arts. 466-474, CC (accession continua as to movables)
1. Adjunction/conjunction (Art. 466)
2. Mixture (Art. 472-473)
3. Specification (Art. 474)

Arts. 445-456, CC (accession industrial [BPS rules])

The landowner is the owner of whatever is built, planted, or sown on his/her land,
including the repairs or improvements thereon (Art. 445, CC)
Art. 446, CC (disputable presumptions re: BPS)
(a) Building/planting/sowing = made by the landowner
(b) Expenses therefor = shouldered by the landowner
Case: Coleongco vs. Regalado the BPS rules are inapplicable if the owner of
the land himself is the BPS (XPN: Art. 447 [see below])
XPN: 1. Art. 447, CC (BP-landowner uses materials belonging to another)
BP-landowner, in using the materials, acted in
Right of the
1. Reimbursement, so long 1. Removal, in any event
owner of the
as he does not remove 2. Reimbursement (if he
does not want to remove
materials (OM)
the materials from the
the materials)
2. Removal of materials
used, so long as no injury

would be caused to the

works done
Right of the
Becomes OM after payment of the value of the materials
OM chooses to remove materials
* + damages, if warranted
2. Arts. 448-454 (BPS & landowner are different persons)
Art. 448, CC (BPS & LO in GF)
Arts. 449-452, CC (BPS in BF,
Case: Balucaneg vs. Francisco LO in GF) BPS loses what is
Art. 448 applies only where one built/planted/sown w/o right to
builds, etc. on a land in the belief indemnity (Art. 449)
that he is the owner of the land
XPN: reimbursement for
LO has the ff. rights:
necessary expenses of
1. To appropriate what has
preservation of the land
been built/planted/sown after
(Art. 452)
payment of indemnity (e.g. If the fruits have already been
necessary & useful expenses gathered/harvested, apply Art.
[Art. 546, CC]; luxurious 443 (see previous page)
expenses [Art. 548, CC])
LO has the ff. rights:
Case: Grana vs. CA if LO
1. To appropriate what has
chose to appropriate but
been built/planted/sown, but
does not pay indemnity to the
w/o indemnity (Art. 449)*
BPS, the latter has right of 2. Demand from BPS to
retention till so reimbursed
demolish/remove what has
2. Compel BP to pay the price
been built/planted/sown @
of the land (XPN: value of
the BPS expense (Art. 450)
LO in GF
land is considerably more
BP may remove what
than value of the bldg./trees)
has been built/planted
Case: Grana vs. CA (again)
provided no injury will
in case of disagreement,
be suffered thereby &
the court will fix the price to
damages suffered by
be paid & period of payment
LO will be paid
Remedies for failure to pay
BP to pay the price
(a) Lessor-lessee relations
of the land, or S to pay
disagreement as to
proper rent (ibid.)
amount of rent the
[+ damages (Art. 451)]
court shall fix
* choosing (1) precludes (2), (3)
(b) Removal of bldg. by LO
(c) Sale by public auction of
land & improvements
proceeds apply to the
payment of the value
of the land; excess (if
any) is delivered to
the BP to pay for

3. Compel S to pay proper rent

Art. 454, CC (BPS in GF, LO in
BF) apply Art. 447 (see last

Art. 453 (BPS & LO are in pari

delicto) bad faith of one party
cancels bad faith of the other;
LO in BF
law treats them as if both acted
in GF (see discussion on Art.
3. Arts. 445-456 (tripartite affair LO, BPS, owner of materials used)
(a) If all parties are in bad faith:
(b) Rights of the owner of the materials:

What if there are three parties involved: the landowner, the BPS, and the
owner of the materials used?


Art. 455 applies (irrespective of whether the first two parties are in good faith or bad
If all parties are in bad faith, their rights will be determined as if all of them
acted in good faith
1. Rights of the owner of the materials:
i. In good faith: must be reimbursed for the value of the materials by the
[A] If the BPS could not pay due to insolvency, the landowner is
subsidiarily liable provided he did not choose to appropriate the
thing, or he (the landowner) did not take advantage of Art. 450
[B] Where the landowner had chosen to appropriate what had been
built, planted, or sown: If the BPS had paid the owner of the
materials the value of such materials used, the BPS may demand
from the landowner the value of the materials + cost of the labor in
the construction, planting, or sowing
ii. In bad faith: forfeits all rights to be indemnified; may even be liable for
damages caused
2. Rights of the landowner:
i. Appropriate what has been built, planted, or sown without paying for
necessary or useful expenses
XPN: When necessary
expenses have
(even by a BPS
in bad faith)
ii. Demand the demolition of what has been built or planted, or the
removal of what has been sown, at the BPS expense
iii. Compel the BPS to pay the price of the land

Good faith in the above cases does not necessarily exclude negligence, which gives right to
damages under Art. 2176. (Art. 456)
AVULSION (Art. 459, NCC)
457, NCC)
process The process whereby a portion of a land is segregated from an estate by
soil the forceful current of a river, creek, or torrent and transferred to another
(alluvium/alluvion) is estate.
gradually deposited
on lands adjoining
the banks of rivers
current of the water.
1. The deposit of 1. The process is sudden and abrupt
be 2. The property detached or segregated is known and identifiable
and 3. The owner of the detached property retains ownership over the
same subject to the removal thereof within two years from
2. It must be the
Ownership of the property detached by way of avulsion is not
automatically vested in the owner of the tenement to which it was
waters of the
3. The land where
takes place is
adjacent to the
banks of the river
(or the sea coast)
(Meneses vs. CA,
G.R. No. 82220
July 14, 1995)
4. The
belongs to the
owner of the land
to which the soil
5. The
granted to the
riparian owner is
On ponds and lagoons (Art. 458):
1. Portions of ponds and lagoons left dry

by the natural recession of the waters

do not become the property of the
owners of the estates bordering them
2. If through extraordinary floods, the
portions of the private estates adjoining
ponds or lagoons which are submerged
in waters, they are not lost by the
inundation and remain the property of
the owners (Government of the
Philippines vs. Colegio de San Jose, G.
R. No. L-30829, August 28, 1929)
On trees carried away by the current of the
waters (Art. 460, NCC):
1. These trees belong to the owner of the
land upon which they may be cast,
subject to the right of the owner of the
trees to claim them within six months
from the happening of the incident
2. The owner of the uprooted tree shall
pay for the expenses incurred in
gathering them or putting them in a safe
3. If the tree concerned is still standing on
a land detached from one tenement
and appended to another, the law on
avulsion applies
On rivers changing course:
Arts. 461-62, NCC
Art. 462, NCC
1. Abandonment
When a river divides
of riverbeds: If itself into branches,
due to forces of the following may
nature, a river result:
its 1. Some parts of
estate may be
creating thereby
a new riverbed
secure on their
and leaving the
Other parts may
old bed dry, the
owner of the

owner of the old
the area he lost
2. The
has the right
and power to
course of the
new river to its
original location
3. When a river
has changed its
course through
natural causes
process cuts a
new bed in a
private estate,
public dominion
If the new riverbed
is abandoned and
the river reverts to
its prior course, the
owner of the gets
back their previous
property (i.e. the
riverbed) (Sanchez
vs. Pascual, G.R.
No. L-3551, October
6, 1908)

away from the

original estate
In either case, the
owner retains his
ownership over the

On islands (Arts. 464-65, NCC):

1. Islands formed on Philippine seas, on
lakes, and on navigable or floatable
rivers belong to the State.
Navigable or floatable: capable of
affording a channel or passage

for ships and vessels

2. Islands which through successive
accumulation of alluvial deposits are
formed in non-navigable and nonfloatable rivers belong to:
(a) The owners of the margins or
banks nearest to each of them
(b) The owners of both margins,
where the island shall be
divided longitudinally in haves, if
the island is in the middle of the
(c) The owner of the bank nearer
the island, if the island is more
distant from one bank compared
to the opposite bank
Right of accession with respect to
movable property
1. A combination of:
(a) The principal thing: that to which another thing has been united as an
ornament, or for its use or perfection; and
(b) The accessory: the thing so added as an ornament, etc. (Art. 467, NCC)
2. The resulting object belongs to the owner of the principal thing, but with the obligation to
indemnify the owner of the accessory for the value of the latters thing. (Art. 466, NCC)
The papers pertain to
the writer.
The stone pertains to
the owner of the ring.
The canvas pertains to
the painter.
The object belongs to
the owner of the


Rule of greater
467, NCC)
if of equal value

The dress pertains to

Weaving the weaver who owns
the cloth.
3. Good faith is necessary in adjunction.
(a) Rule on the separation of things united where both parties are in good faith:
General If
united can be
without injury to
each other, their
Excepti If the accessory
happens to be
precious than the
owner of the
separation even
suffer injury
(b) If the owner of the principal thing acted in bad faith, the owner of the accessory
can choose between:
i. The owner of the principal thing paying him the accessorys value; or
ii. The thing belonging to him separated from the principal thing, even
though the latter would be destroyed in the process
+ damages in either case (Art. 470, NCC)
(c) If the owner of the accessory acted in bad faith: he loses the accessory
incorporated and shall indemnify the owner of the principal thing for the damages
which the latter has suffered (Ibid.)
Ways of paying indemnity:
1. Delivery of a thing similar in kind and
value and in all other respects, of that
thing used or incorporated by the other
party (Art. 471, NCC)
2. Payment of the price as appraised by
experts in case the parties cannot
sentimental value shall also be
considered (Art. 475, NCC)

1. The things mixed may be the same or different.
2. When the mixture is by agreement, the parties may stipulate on the terms and conditions
3. Each owner shall have a right to the resulting thing proportionate to the value of the thing
he owns if:
(a) The things mixed or confused are not separable without injury (Art. 472)
(b) If two things are mixed or confused by the act of an owner of one of the things in
good faith (Art. 473)
XPN If the perpetrator of
the mixture acted in
bad faith:
i. If the other owner
is not in bad faith,
he shall lose the
thing belonging to
ii. He shall be liable
for damages to the
owner of the other
If both owners are in
bad faith, the bad
neutralizes the bad
faith ot the other.
Specification (Art. 474, NCC):
1. A combination of:
(a) The principal: the labor exerted
(b) The accessory: the material used
2. When the maker is in good faith:
(a) The maker shall appropriate the new thing but he must indemnify the owner of
the material for the value thereof
(b) The maker cannot appropriate the new thing if the material transformed is worth
more than the new thing, in which case the owner of the accessory can:
i. Appropriate the new thing subject to the payment to the payment of the
value of the work
ii. Demand indemnity for the material plus damages
3. When the maker is in bad faith:
(a) The owner of the material can:
i. Appropriate the work without paying for the labor or industry exerted
ii. Demand indemnity for the material plus damages
On appropriation of the work:
This cannot be resorted to by the owner of
the material if the value of the work is

considerably more than the value of the

material due to the formers artistic or
scientific importance.


An action for quieting of title (or to remove a cloud on a title) is a proceeding in equity, quasi
in rem, for the declaration of the invalidity of a claim on a title or the invalidity of an interest in
property adverse to that of the plaintiff, so as to free the plaintiff and all those claiming under
him from any hostile claim thereon.
If the plaintiff wins the case, he is obliged to restore to the defendant all benefits he received
from the latter. (Art. 479)
Two kinds of actions contemplated in Art. 476:
1. A remedial action to remove a cloud on a title or to quiet the title
2. A preventive action to stop a future cloud
On clouds on title to realty:
1. A cloud on a title may emerge by reason of the following:
(a) Any instrument: a contract or any deed of conveyance, mortgage, assignment,
etc. over the property concerned
(b) Any record, claim, encumbrance: an attachment, lien, adverse claim, lis pendens
on a title, etc.
(c) Any proceeding: e.g. extrajudicial partition of property
2. Mere existence of these documents and proceedings does not make a removable cloud
3. They must appear to be valid or effective and extraneous evidence is needed to prove
their validity or invalidity
4. They must be in truth and fact invalid, ineffective, voidable or unenforceable and which
may be prejudicial to the title of the true owner or possessor
5. Test in determining whether a cloud exists or not: if there is a need to present
evidence to establish its invalidity to defeat the claim, then a cloud on the title exists
(Pixley vs. Huggins, 15 Cal., p. 131)

To put an end to
respect to the

To procure the
cancellation or
release of an
encumbrance in


the plaintiffs title

which affects
enjoyment of the
1. Asserts
1. Declares
own claim
2. Declares
claim and
claim of the 2. Indicates
the source
and nature
of the claim
3. Calls on the
to justify his
& points out
its defects
3. Prays
same may
of invalidity
of the claim
upon by the


Only real property could be the

subject matter of quieting of title
(see Art. 476, NCC)
Certain personal properties
(e.g. vessels), by reason of their
great value, may be the object
of quieting of title

Justifications for quieting of title:


To prevent future or further litigation on the ownership of the property

To protect the true title and possession
To protect the real interest of both parties
To determine and make known the precise state of the title for the guidance of all
(Gardner vs. Buck-eye Savings, etc., 108 W. Va. 673, W. Va. 1930)
5. When the contract, instrument, or other obligation had already been:
(a) Extinguished or terminated
(b) Barred by extinctive prescription (Art. 478, NCC)
Requisites for action to prevent a cloud:

1. Plaintiff has title to realty or an interest therein

2. Defendant is bent on creating a cloud on the title or interest therein; the danger not
merely speculative or imaginary but imminent
3. Unless the defendant is restrained or stopped, the title or interest of the plaintiff will be
prejudiced or adversely affected
Rules on prescription of an action to quiet title:
1. When the plaintiff in in possession of the property, the action to quiet title does not
2. If the plaintiff is not in possession of the property, the action to quiet title may prescribe
(either in 10 or 30 years) (Sapto, et al. vs. Fabiana, G. R. No. L-11285, May 16, 1958)
Other important matters on quieting of title:
1. An action for quieting of title takes precedence over an ejectment case to prevent
multiplicity of suits
2. The possession of the actual possessor of the property must be respected during the
pendency of the case for quieting

Co-ownership is the ownership of two or more persons over a thing or right which had not been
physically divided between, or by and among them.
It is a right of dominion which two or more persons have in a spiritual part of a thing not
physically divided. (Eusebio vs. IAC, G.R. No. L-63996 September 15, 1989)
Co-ownership has the nature of a trust.

1. Plurality of subjects
2. Unity of object
3. Recognition of the ideal shares of the co-owners which determines their respective rights
and obligations
Governing rules:
1. Contract
2. Special provisions (e.g. Family Code as re: ACP, CPG)
3. Arts. 482-501, New Civil Code
Causes of establishment:
1. Contract


Co-ownership; distinguished

From Joint Ownership:

co- Each
owner owns tenant and all
only his ideal of them own
co- Each
may tenant
dispose of his cannot
share dispose
the his
consent of the share without
the consent
of all the
The share of a The share of
a joint tenant
descends to goes to the
his estate
Runs against Does not run
all co-owners, against
even if one of the
them happens tenants if one
to be a minor
of them is a
minor or is
under legal

Extent of

Right to

Effect of


From ordinary partnership (Arts. 1767-74, NCC):

Created by Created only

Has no legal



Share in the

of share

by contract

separate and
distinct from
personality of
the individual
For profit; the
enjoyment of of
the property pecuniary
486, interests
NCC), and the partners
preservation NCC)
of the same
Proportionat May
e to the subject
interests of (Arts. 1767 &
co- 1790, NCC)
owners (Art.
485, NCC)
A co-owner A
may dispose cannot
of his share dispose
without the his share and
consent of substitute the
the others
assignee in
cases his
are the
(Arts. 1804 &
493, 1813, NCC)


Period of

Effect of

No mutual
when a coowner files
an ejectment
suit, the rest
to exist in
for not more
494, NCC),
extension by
dissolve the
by his estate
or heirs in

n (Art. 1818,

No limit fixed
by law, but is
dissoluble by
happening of
s (Arts. 183031, NCC)

Dissolves the
(Art. 1830[5],

From conjugal partnership of gains (Art. 106, Family Code):



It is a special


of parties
Gender of

Share in
the profits

Effect of
g law

Could be more
than two
interests of the

marriage, and
agreed upon
Two parties:
husband and
A man and a
50/50 basis
stipulation in
the marriage
Dissolves the
Family Code

Rights of each Co-owner as to the Thing

Owned in Common
1. To use the thing owned in common, provided:
(a) The co-ownership shall not be injured
(b) The exercise shall not prevent the other co-owners from using the property
according to their own rights (Art. 486, NCC)
2. To share in the benefits and charges in proportion to the interest of each (Art. 485, NCC)
(a) The law presumes that the portions belonging to the co-owners are equal unless
the contrary is proved, in which case their share in the benefits and charges shall
be proportional to their respective interests
Exception: Art. 147, Family Code, re: property regimes of unions without
(b) Any contrary stipulation is void
3. To bring an action for ejectment (Art. 487, NCC)
(a) The other co-owners are deemed included as plaintiffs (Sunga vs. De Guzman,
G.R. No. L-25847 June 19, 1979) if it appears that plaintiff is filing the case for
the benefit of the co-ownership and not exclusively for his own benefit
(b) Defendant: not necessarily a third person; can be another co-owner asserting
ownership over the property against the other co-owners
(c) The following are deemed included in the action for ejectment:
i. Unlawful detainer
ii. Forcible entry
iii. Accion publiciana

iv. Accion reivindicatoria

4. As to the benefits of prescription: prescription as to one co-owner benefits all (Art. 1111,
5. To compel the other co-owners to share in expenses for preservation and taxes (Art.
488, NCC) even if incurred without prior notice
(a) Renunciation: the right to exempt oneself from the obligation to share in the
expenses, etc., by renouncing so much of ones undivided interest as may be
equivalent to his share of the expenses/taxes
i. Tantamount to dacion en pago
ii. Cannot be availed of if prejudicial to the co-ownership
6. To incur necessary expenses for preservation of the thing owned in common, provided
that if practicable, the co-owners are informed of the necessity for such repairs (Art. 489,
(a) Opposition will not stop a co-owner from proceeding with the repairs should he
wish to proceed, but it means that such a co-owner takes the risk of repairing
without being entitled to reimbursement if it turns out later that the repairs are not
for the preservation of the property
(b) In the event that no repairs are done because of the opposition and the property
is ruined or diminished in value, the oppositors could be liable for damages
suffered by the rest
7. To oppose alterations made without the consent of all, even if beneficial (Art. 491, NCC)
(a) Alteration: change which more or less permanently changes the use of a thing
(b) In the absence of the needed unanimous consent, the alteration effected is
illegal, and the co-owner responsible can be compelled to restore the thing to its
former condition
(c) Co-owners who were aware of the execution of the acts of alteration but did not
object thereto are estopped
8. To undertake acts of administration
(a) Acts of administration: acts of management that do not involve alteration of or
the creation of real rights over the property
9. To decide on incurring expenses to improve or embellish the property owned in common
(majority required)
On majority requirement re: coownership provisions:
1. The term majority points the
co-owners representing the
controlling interest in the object
owned in common. (Art. 492,
par. 2, NCC)
Material interest, not just
2. The court, at the instance of an
interest party, shall order such
measures as it may deem
proper, where:
(a) There is no majority, or
(b) The resolution of the

interested in the common

property (Art. 492, par. 3,
10. To protest against seriously prejudicial decisions by the majority of the co-owners
11. Legal redemption: to be exercised within 30 days from written notice of sale of an
undivided share of another co-owner to a stranger (Arts. 1620-23, NCC)
(a) Redemption of the whole property by a co-owner does not vest in him sole
ownership over said property [and] will not put an end to [an] existing coownership (Mariano vs. CA, G.R. No. 101522, May 28, 1993)
12. To demand partition at any time
(a) 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 the others
(b) Effected by:
i. Agreement between the parties
ii. Judicial proceedings (Art. 496, NCC)
(c) Effects of partition:
i. Confers upon the co-owner exclusive title over the property adjudicated to
him (Art. 1091, NCC)
ii. Possession of the co-owner over the property adjudicated to him shall be
deemed exclusive for the period during which the co-possession lasted
(Art. 543, NCC)
(d) A co-owner may not demand partition under the following circumstances:
i. When there is an agreement, but the period shall not exceed 10 years
ii. When a donor or testator prohibits it, but the period shall be limited to 20
iii. When it is prohibited by law (e.g. CPG or ACP, except in case of legal
iv. When partition renders the object unserviceable
v. When the legal nature of the property does not allow the partition of the
object (e.g. party wall)
(e) Obligations of co-owners upon partition:
i. Mutual accounting for benefits received, fruits, and other benefits
ii. Mutual reimbursements for expenses
iii. Indemnity for damages caused by reason of negligence or fraud
iv. Reciprocal warranty for defects of title and quality of the portion assigned
to the co-owner (Arts. 500-01, NCC)
Rights of a Co-owner as to his Ideal
1. Full ownership of his part and of his share of the fruits and benefits (Art. 493, NCC)
2. To substitute another person in his enjoyment (Exception: when personal rights are
involved) (Ibid.)
3. To alienate, dispose, or encumber (Ibid.)
4. To renounce part of his interest to reimburse necessary expenses incurred by another
co-owner (Art. 488, NCC)
5. Transactions entered into by each co-owner only affect his ideal share (Art. 493, NCC)
(a) A co-owner has not right to sell a divided part, by metes and bounds of the real
estate owned on common (Lopez vs. Ilustre, 5 Phil 567, January 24, 1906); he

can only dispose of his undivided share. (Sps. Cruz vs. Leis, et al., G.R. No.
125233. March 9, 2000)
Modes of Extinguishment of Coownership
1. Judicial partition
2. Extrajudicial partition
3. When by prescription, one co-owner has acquired the whole property by adverse
4. When a stranger acquires by prescription the thing owned in common
5. Merger in one co-owner
6. Loss or destruction of the thing
7. Expropriation

Possession and the kinds thereof
Possession is the holding of a thing or the enjoyment of a right. (Art. 523, NCC) It is the holding
of a thing or of a right, whether by material occupation or by the fact that the thing or right is
subjected to the action of our will. (4 Manresa 17)
Only things and rights which are susceptible of being appropriated may be the object of
appropriation. (Art. 530, NCC)
Essential elements:
1. Corpus:
(a) Existence of a thing or right
(b) Holding (actual or constructive) of the thing, or enjoyment or exercise of the right
2. Animus: Conscious and deliberate intention to possess
3. Holding is by virtue of ones right, either as an owner or as a holder
Possession cannot be acquired through force or intimidation, even by the
owner of the property. The institution of the proper court action (ejectment,
reivindicatory actions, etc.) is necessary. (Art. 536, NCC)
Exception Principle of self-help
As to movables: Art. 536, NCC seems to be applicable, as well.
+ Art. 559, NCC:
(a) One who has lost a movable, or has been so unlawfully deprived of it,
may recover it from the person in possession of the same
(b) If the current possessor has acquired the movable in good faith at a
public sale, the owner cannot obtain its return without reimbursing the
price paid therefor
The following acts do not affect possession:

1. Acts merely tolerated: those allowed by the owner by the impulse of sense of
neighborliness or good familiarity with persons
2. Acts of violence: possession acquired by force or violence (Art. 537, NCC)
Degrees of possession:
1. Possession without title and in violation of the right of the owner (e.g. possession of a
thief over a stolen thing)
2. Possession with juridical title, but the title is not one of ownership (e.g. possession of a
tenant, depository, or pledgee)
3. Possession with a just title which is sufficient to transfer ownership, but not from the real
owner (e.g. possession of a buyer of a piece of land purchased from one who pretends
to be the owner)
4. Possession with a just title from the real owner; perfect possession (e.g. purchase of a
property by someone from the true owner thereof)
Direct and indirect possession:
1. Direct: an owner or possessor being in actual possession of the thing
2. Indirect: possession of a thing in the name of another
(a) Voluntary: if effected through the mutual consent of the parties
(b) Involuntary: arises by operation of law
Possession in the concepts of an owner/holder:
1. Owner: proceeds from the persons belief that he is the owner of the thing as manifested
by certain acts of ownership and public belief in his ownership; good or bad faith is
immaterial; required in acquisitive prescription
(a) Only possession acquired and enjoyed in the concept of owner can serve as a
title for acquiring dominion. (Art. 540, NCC)
(b) A possessor in the concept of owner is presumed to possess the property
concerned with a just title and he cannot be obliged to show or prove it (Art. 541,
i. Just title: not limited to documents which are sufficient to transfer
ownership; also covers acts, even verbal acts which are legally sufficient
to transmit ownership of property or a real right (Heirs of Jumero vs.
Lizares, G. R. No. 5051 September 27, 1910)
ii. Requisites for the presumption:
[A] Actual or constructive possession of the property
[B] Possession must be in the concept of an owner
iii. Art. 541, NCC applies to both real and personal property
2. Holder: possessor acknowledges the ownership of the thing by another person
Possession in good faith or in bad faith:
1. Good faith: if the possessor is unaware of any existing flaw or defect in his title or mode
of acquisition which may render it invalid
(a) Mistakes or ignorance of the law, by itself, cannot become the basis of good faith.
What makes such error a basis of good faith is the presence of an apparent
doubt or ambiguity in the law.

(b) Good faith is always presumed. (Art. 527, NCC)

(c) The character of good faith remains until the possessor is shown to have been
aware that he possesses the thing improperly or wrongfully, i.e. when defects in
the possessors title are made known to him by [1] extraneous evidence; or [2]
complaint for recovery filed by the true owner (Ortiz vs. Kayanan, G. R. No. L32974, July 30, 1979)
(d) Only possessors in good faith are entitled to fruits
i. A possessor in good faith is entitled to the fruits received before the
possession is legally interrupted. (Art. 544, NCC)
[A] Natural and industrial fruits are considered received from the time
they are gathered or severed
[B] Civil fruits are deemed to accrue daily and belong to the possessor in
good faith in that proportion
i. When the good faith of the possessor had ceased at a time when the
fruits are still growing and still need time to ripen for harvesting, the
possessor will share, both in proportion to the time of possession, in
relation to the time of the gathering of the fruits:
[A] A part in the expenses of cultivation
[B] A part in the net harvest
The true owner may grant the possessor the right to:
[A] Finish the cultivation
[B] Gather the growing fruits (as indemnity for his share in the expenses)
This grant can be refused by the possessor. A deliberate refusal means
that the possessor has lost the right to be indemnified in any other
manner. (Art. 545, NCC)
(e) A possessor in good faith shall not be liable for the deterioration or loss of the
thing possessed
proved the has
fraudulent intent
after the judicial
552, par. 1, NCC)
(f) Irrevindicability: the possession of movable property acquired in good is
equivalent to title, but one who has lost any movable or has been unlawfully
deprived thereof, may recover it from the person in possession of the same (Art.
559, par. 1, NCC)
i. The title herein is not absolute title
ii. Proof necessary to overcome the title of a possessor of movable:
[A] Identity of property
[B] Loss of the property
[C] That he has been unlawfully deprived of possession
[D] Defendant refused to return his property
Exception: The owner cannot recover if:
i. The owner is estopped from denying the sellers authority to sell (Art.
1505, NCC)
ii. The possessor had acquired the goods in good faith for value and as
holder of a negotiable document of title to the goods without notice of the

breach of duty, loss, theft, fraud, accident, mistake, duress, or conversion

(Art. 1518, NCC)
iii. The possessor had already become the owner of the movable property
by prescription
iv. The possessor had become the owner of the thing under the finderskeepers law (Art. 719, NCC)
2. Bad faith: if the possessor is aware of any existing flaw or defect in his title or mode of
acquisition which may render it invalid
(a) Bad faith is personal to the possessor.
(b) Possessors in bad faith are not entitled to fruits, and are even required to
reimburse the fruits they received and those which the legitimate possessor or
owner could have secured had it not been for their acts of bad faith (Art. 549)
i. As to fruits already received or gathered: the possessor in bad faith must
[A] The fruits, or their value, if already consumed or spent
[B] Value of the fruits which the legitimate possessor could have received
were it not for his dispossession minus expenses for cultivation,
gathering, and harvesting (Director of Lands vs. Abagat, G.R. No. L30514 March 27, 1929)
ii. As to growing, pending, or ungathered fruits: A possessor in bad faith is
not even entitled to be reimbursed for expenses for cultivation (see Art.
iii. Additional liability:
[A] Must render an accounting of the fruits he had received and could
have received (Director of Lands vs. Abagat, G.R. No. L-30514
March 27, 1929)
[B] Pay for damages which must be the equivalent of the reasonable rent
for the occupation of the property during the period of his possession
in bad faith (Lerma vs. de la Cruz, G. R. No. 3287, March 2, 1907)
(c) A possessor in bad faith shall be liable for deterioration or loss in every case,
even if caused by a fortuitous event (Art. 552, par 2, NCC)
3. Presumption of continuity of character of possession (Art. 529, NCC): it is
presumed that possession continues to be enjoyed in the same character in which it was
acquired, until the contrary is proved.
Acquisition of Possession
Modes of acquiring possession:
1. When corporeal property is involved:
(a) Material occupation: the actual holding of thing; only possession as a fact
Kinds of constructive delivery equivalent to material occupation:
Tradicio brevi manu
Tradicio constitutum possessorium
(b) Subjugation to the action of the possessor: refers more to the right of
possession; more or less the opposite of material occupation
Kinds of constructive delivery equivalent to subjugation:
Tradicio symbolica
Tradicio longa manu
(c) Proper acts and legal formalities: [1] judicial acts, or [2] acquisition of
possession by sufficient title as evidenced by compliance with formalities (e.g.

donations, succession, deeds of sale and other contracts, execution of

judgments culminating in the sale of property at public auction) which are
equivalent to delivery
* Symbolic delivery is not effective if there is an impediment that prevents the
passing of the property from the hands of the vendor to those of the vendee.
(Sarmiento vs. Lesaca)
2. When rights are involved: by exercise of the right
Kinds of possession as to the possessor:
1. Personal: acquired by the same person who is to enjoy it (whether an owner or a mere
Essential requisites:
(a) Capacity to possess
(b) Intent to possess
(c) Susceptibility of objects to be possessed
2. Through a legal representative: whether the representative is provided by law or
appointed as an agent
Essential requisites:
(a) Capacity [of representative] to possess
(b) Authority of representative/agent to possess
(c) Intent to possess for and in behalf of the principal
(d) Capacity and intent to possess on the part of the principal
3. Through a person without authority:
Essential requisites:
(a) Capacity of the principal to possess
(b) Intent of the unauthorized person to possess for the principal
(c) Act of ratification by the principal
Does not suppress the consequences of negotiorum gestio
Possession of hereditary property:
Possession of hereditary property or inheritance accepted by an heir is deemed transmitted
from the moment of death of the decedent without interruption. (Art. 533, NCC; see also Art.
1138, NCC)
(a) If the heir has repudiated the inheritance due him, even if long after the decedents death
but before partition, the heir is deemed to have never been in possession of his
inheritance (Ibid.)
(b) The heir benefits from the effects of the decedents possession in good faith from the
date of the latters death (Art. 534, NCC)
(c) The heir shall not suffer the consequences of the wrongful possession of the decedent, if
it not shown that he was aware of the flaws attaching it (Ibid.)
Minors, incapacitated persons, and possession:
Minors and incapacitated persons may acquire possession of things but they must be assisted
by their legal representatives to be able to exercise the rights arising from the possession. (Art.
535, NCC)
On possession as a fact:


Possession as a fact cannot be recognized at the same time in two different

When there is co-possession (e.g. co-ownership over a community property) (Art.
538, NCC)

Rules of preference in conflicting claims of possession:


Present possessor
If both claimants are presently in possession: claimant longer in possession
If both claimants began their possession at the same time: claimant who presents a title
If both claimants have titles: the competent court will determine the rightful possessor
(Art. 538, NCC)
Effects of Possession

Presumption of continuous possession (Art. 554, NCC):

If a person is the present possessor of a property, and it is established that he had possessed it
before, it is presumed that he was also in possession during the interval period
This presumption is rebuttable.
Transfer of possession by a mere holder to another person: if the possessor of a property
belonging to another and who is merely a holder, had placed the property into the possession of
another, the owner is not bound thereby.

The owner can thus recover

subsequent possessor


If the owner:
1. Expressly authorized the
holder to do so; or
2. Ratifies the acts of the
holder (Art. 558, NCC)

Protection to possession of possessors:

3. Every possessor, whether in the concept of an owner or a holder, is entitled to protection.
Should his possession be disturbed, he shall be restored thereto by means established
by law or the Rules of Court. (Art. 539, par. 1)
4. A writ of preliminary mandatory injunction can be issued if a possessor had been
deprived of his possession by forcible entry within 10 days from the filing of the
complaint with the MTC.
As to appeals in illegal detainer cases: a writ of preliminary mandatory injunction
may be availed of if the RTC or the CA is satisfied that [1] the lessees appeal is
frivolous or dilatory; or [2] the lessors appeal is prima facie meritorious (Art.
1674, NCC)
* Injunctions are not available to take a property out of the possession of a person
and place it into that of another whose title has not been clearly established. (Devesa
vs. Arbes, G.R. No. 4891, March 23, 1909)

Costs of litigation: borne by every possessor (Art. 550, NCC)

Presumption on movables found in immovables:

The possession of real property presumes that of the

movables therein


When it is shown or proved that the movables should be

excluded (Art. 542, NCC)

On co-possession:
1. Upon the partition of the property in common, each of the co-owners shall be deemed in
possession of that portion allotted to him from the time the partition was made.
This rule applies even if the co-ownership did not arise from succession.
2. If there is an interruption in the possession of a property in common, whether the
interruption affects the whole or only a part of the property, the interruption shall
prejudice all the co-possessors. (Art. 543, NCC)
Questio Will judicial summons give rise to interruptions?
Answer: NO, if:
1. It is void for lack of legal solemnities
2. The plaintiff should desist from the complaint or should allow the
proceedings to lapse
3. The possessor should be absolved from the complaint (Art. 1124,
1. Necessary expenses: incurred to preserve the property under pain of loss or physical
deterioration (paraphrasing 4 Manresa 270-271)
(a) Shall be refunded to every possessor, but only the possessor in good faith has
the right to retain the property until he shall have been reimbursed
A possessor in good faith cannot be ejected from the premises until he shall
have been paid for necessary or useful expenses incurred.
(b) Voluntary surrender of property to the owner without refund is a waiver of a
possessor in good faiths right to retention. He may still ask for a refund later,
unless he also waived his right to be refunded.
2. Useful expenses: those which add value to the property (Robles vs. Lizarraga
Hermanos, G.R. No. L-26173, July 13, 1927)
(a) Shall be refunded only to the possessor in good faith (same right of retention as
to necessary expenses)
The person who has defeated him (the possessor) in the possession has
the option of:
i. Refunding the amount of the expenses
ii. Paying the increase in value which the thing may have acquired by
reason thereof (Art. 546, NCC)
3. Luxurious expenses: purely for embellishment; not refundable (Arts. 548-49, NCC)

(a) The possessor may remove the ornaments if the principal thing suffers no injury
thereby, and if his successor in the possession does not prefer to refund the
amount expended
1. The possessor in good faith may remove useful improvements if it can be done without
damaging to the principal thing, unless the person who recovers the possession
exercises the option of:
(a) Refunding the amount of the expenses
(b) Paying the increase in value which the thing may have acquired by reason
thereof (Art. 547; see also par. 2, Art. 546, NCC)
2. Improvements caused by nature or time shall always inure to the benefit of the person
who has succeeded in recovering possession (Art. 551, NCC)
3. One who recovers possession shall not be obliged to pay for improvements which have
ceased to exist at the time he takes possession of the thing (Art. 553, NCC)
Animals (Art. 560, NCC):
1. Wild animals: possessed only when they are under ones control
2. Domesticated/tamed animals: considered as domestic/tame if they retain the habit of
returning to the premises of the possessor
Loss of Possession (Art. 555)
A possessor may lose his possession by:
1. Abandonment (only for personal property)
(a) Expectation to recover is gone
(b) Intention to get it back is given up
2. Assignment made to another (whether by onerous or gratuitous title)
3. Destruction or total loss of the thing
(a) Possession of movables is not deemed lost so long as they remain under the
control of the possessor, even though for the time being he may not know their
whereabouts (Art. 556, NCC)
(b) Possession of immovables and of real rights is not deemed lost, or transferred for
purposes of prescription to the prejudice of third persons, except in accordance
with the provisions of the Mortgage Law and the Property Registration Decree.
4. The thing going out of commerce
5. Possession of another: where the property is transferred to another person (as qualified
by Art. 537) for more than one year but less than ten years and possession de facto is
(a) In the interim, as possession de jure is still there, the previous possessor may file
an accion publiciana with the RTC
(b) The real right of possession is not lost till after the lapse of ten years (Art. 555);
the previous possessor may still file an accion publiciana or reivindicatoria,
unless prescription sets in (Rodriguez vs. Taino, G.R. No. L-5413, July 3, 1910)


Usufruct is the right of a person (the usufructuary) to enjoy the property of another (the owner)
with the obligation of returning it at the designated time and preserving its form and substance,
unless the title constituting it or the law provides otherwise.
Objects of Usufruct

Real property
Personal property (Alunan vs. Veloso, G.R. No. L-29158 December 29, 1928)
Flock or herd of livestock (Art.591, NCC)
Transmissible rights which have capability of independent existence
Unproductive things (e.g. sterile animals) (Art. 591, NCC)

Usufruct distinguished from Lease

Covers all fruits and
use of a property
Always a real right

particular use
A real right only if
lease is over real
property and it is
registered or for
more than 1 year
Created only by the The lessor may not
be the owner
Constituted by law, Constituted
by the will of a contract
person in an act
inter vivos or mortis
The usufructuary is The lessee is not
for responsible
ordinary repairs
ordinary repairs
The usufructuary is The lessee is not
responsible for taxes responsible for taxes
on the fruits
on the fruits
Rights of the Usufructuary
1. As to things and fruits:
(a) To receive the fruits of the property in usufruct and half of the hidden treasure he
accidentally finds on the property
(b) To enjoy any increase which the thing in usufruct may acquire through
succession, the servitudes established in its favor, and in general, all the benefits
inherent therein
(c) To personally enjoy the thing in usufruct or lease to another

(d) To make on the property in usufruct such improvements or expenses he may

deem proper and to remove the improvements provided no damage is caused to
the property
(e) To set-off the improvements he may have made on the property against any
damage to the name
(f) To retain the thing until he is reimbursed for advances for extraordinary expenses
and taxes on the capital
2. As to the usufruct itself:
(a) To alienate or mortgage the right of usufruct except personal usufruct
(b) In usufruct to recover property or a real right, to bring the action and to oblige the
owner thereof to give him proper authority and necessary proof
(c) In usufruct of part of a common property, to exercise all the rights pertaining to
the co-owner with respect to the administration and collection of fruits or interest
from the property
3. As to advances and damages:
(a) To be reimbursed for indispensable extraordinary repairs made by him in an
amount equal to the increase in value which the property may have acquired by
reason of such repairs
(b) To be reimbursed for taxes on the capital advanced by him
(c) To be indemnified for damages caused to him by the naked owner
(d) To be reimbursed for the ordinary expenses of cultivation for seeds and other
expenses incurred where growing fruits belong to the owner.
Obligations of the Usufructuary
1. Before the usufruct:
(a) To make an inventory (appraisal of movables, description of the condition of
On the inventory
1. Requirements
making an inventory:
(a) Owner must be
previously notified
(b) Condition of the
immovables must
be described
(c) Movables must be
(d) No
that if there is real
property, it must be
instrument to affect
third persons
(e) Expenses to be

2. When inventory not
(a) No one will be
the non-making of
the inventory is
(b) Waiver
naked owner or by
the law
(c) If stipulated in a will
or contract
(b) To give security/caucion juratoria (must be in money or property)
When it is not required to
furnish security:
1. When no one will be
2. Waiver by owner or
stipulation in a will or
3. Where usufructuary is
the donor of the
reserved for himself the
4. Caucion juratoria: a
sworn duty to take good
care of the property
with due diligence of a
good father of a family
and return the same at
the end of the usufruct.
It takes the place of the
required but cannot
afford to give security)
and is based on
necessity and humanity
(Art. 587, NCC).
* Requisites:
(a) Proper
(b) Necessity

delivery of:
i. Furniture
house for use
and his family;
ii. Implements,
tools or other
movables for a
which he is
(c) Approval of the
(d) Sworn promise
* The usufructuary
cannot alienate or
lease the property for
this means he does
not need them.
2. During the usufruct:
(a) To take care of the property with the diligence of a good father of a family
(b) To replace with the young thereof animals that die or are lost in certain areas
when the usufruct is constituted of flock or herd of livestock
(c) To make ordinary repairs
(d) To notify the owner of extraordinary repairs
(e) To permit works and improvements not prejudicial to the usufruct
(f) To pay annual taxes on capital paid by the naked owner
(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 of a patrimony
(i) To secure the owners or the courts approval to collect credits in certain cases
(j) To notify the owner of any prejudicial act committed by a third person
(k) To pay for court expenses and costs regarding usufruct
3. At the termination of the usufruct:
(a) To return the thing unless there is right of retention
(b) To pay legal interest for the time that the usufruct lasts, on the amount spent by
the owner for extraordinary repairs and the proper interest on the sums paid by
the owner
(c) To indemnify the owner for any losses due to his fault or negligence or of his
Rights of the Owner
1. The right to oblige the usufructuary to make ordinary repairs needed by the thing given
in usufruct (Art. 592, NCC)

2. If the owner made extraordinary repairs, he shall have the right to demand of the
usufructuary the legal interest on the amount expended from the time that the usufruct
lasts (Art. 594, NCC, NCC)
3. The right to construct any works and make any improvements of which the immovable in
usufruct is susceptible, or make new plantings thereon if it be rural, provided that such
acts do not cause a diminution in the value of the usufruct or prejudice the right of the
usufructuary (Art. 595, NCC)
4. If the naked owner paid the taxes directly imposed on the capital; the owner has the right
to demand to the usufructuary the proper interest on the sums which may have been
paid in that character (Art. 597, NCC)
5. The right to be informed by the usufructuary of any act of a third person, of which the
latter may have knowledge, which may be prejudicial to the rights of ownership (Art.
601, NCC)
6. The right to impose upon the tenement any servitudes which will not injure the right of
usufruct (Art. 689, NCC)
Extinguishment of Usufruct
Usufruct is extinguished by:
1. Death of the usufructuary
intention clearly appears
2. Expiration of the period for which it was constituted, or by the fulfillment of any resolutory
condition provided in the title creating the usufruct
3. Merger of the usufruct and ownership in one person
4. Renunciation of the usufructuary
5. Termination of the right of the person constituting the usufruct
6. Prescription (Art. 603)
NOTE: Usufruct is not extinguished by bad
use of the thing in usufruct. (Art. 610)

Easements in general
An easement is an encumbrance imposed upon an immovable for the benefit of:
1. Another immovable belonging to a different owner (Art. 613, NCC)
2. A community (Art. 614, NCC)
3. One or more persons who do not own the encumbered property (Ibid.)
It is a real right constituted on the corporeal immovable property by another, by virtue of which
the owner of the latter has to refrain from doing or to allow that someone do something on his
property, for the benefit of another thing or person.

1. A restriction on the enjoyment of ones property

2. Imposed on an immovable, i.e the servient estate (see Art. 415, NCC; cannot be
constituted on movables)
3. For the benefit of another immovable, i.e. the dominant estate
(a) An easement can exist where the dominant estate is owned by another or a
community (i.e. real easement), or where the encumbrance is for the benefit of
one or more persons who do not own the dominant estate (i.e. personal
(b) An easement is only for the benefit of the dominant estate originally considered
in its establishment (Art. 626, NCC)
(c) The dominant owner cannot exercise the easement in any other manner than
that previously agreed upon (Ibid.)
4. Inseparability from tenement (Art. 617, NCC): easements are merely accessories to
the real properties to which they are attached, and cannot be alienated independently of
5. Indivisibility (Art. 618, , NCC):
(d) Both the dominant and servient estates may be divided between two or more
(e) The partition of the estates will not modify or affect the existence of the easement
The different dominant owners are allowed to use the easement in its
Each of the servient owners shall bear the burden of the easement on the
part corresponding to his share in the immovable property
6. Implied grant, upon its establishment, of all accessory rights necessary for its use
(Art. 625, NCC)
7. Perpetuity
Classification of easements:
1. According to the manner they are exercised:
(a) Continuous: the use of which is (1) incessant, or (2) may be incessant without
the intervention of any act of man
(b) Discontinuous: used at intervals and depend upon the act of man
2. According to presence of signs indicative of their existence:
(a) Apparent: made known and continually kept in view by external signs revealing
their use and enjoyment by the dominant owner
(b) Non-apparent: do not show signs of use and enjoyment; no external signs of
their existence
3. According to whether there is an obligation to do or not to do:
(a) Positive: imposes the duty on the servient owner (1) to do something, or (2) to
allow something to be done by the owner of the dominant estate
(b) Negative: prohibits the servient owner from doing something which, were it not
for the easement could lawfully be done or executed
4. According to the manner of creation or establishment:
(a) Legal: created or established by law for public use or for private interest (Art.
619, NCC)
(b) Voluntary: created or established by agreement of the parties (Ibid.) or by a
testator in his will
(c) Mixed: established partly by law and partly by agreement of the parties
Modes of Acquiring Easements

If an easement is both continuous and apparent, it can be acquired by either of the following:
1. Title: juridical act giving rise to an easement (e.g. law, donation, contract, etc.)
2. Prescription: continuous adverse possession or exercise of the easement for a period
of 10 years
(a) This is a special kind of prescription; the ordinary rules of prescription as a mode
of acquiring ownership do not apply here
(b) Good faith or just title is not required
(c) Computation of period:
i. Positive easement: from the date of direct invasion (i.e. when the
dominant owner or the user began to exercise it upon the servient estate)
ii. Negative easement: from the date of notarial prohibition (i.e. when the
dominant owner had forbidden, by way of an instrument acknowledged
before a notary public, the servient owner from executing any act which
would be lawful without the easement) (Art. 621)
If an easement is (1) continuous and non-apparent, or (2) discontinuous, whether apparent or
not, it can be acquired only by virtue of a title. (Art. 622, NCC)
If an easement had actually been acquired, but the document or proof is missing or lost,
this problem may be cured by:
(a) A deed of recognition by the servient owner; or
(b) A final judgment (merely declaratory of the existence of the easement and not
creative thereof) (Art. 623, NCC; Duran vs. Ramirez, et al., CA-G.R. No. 1824-R,
June 27, 1949)

A owns two adjacent lots (Lot

1 and Lot 2) covered by two
transfer certificates of title.
Lot 1 is abutting the highway
and Lot 2 is behind Lot 1.
There exists a cemented road
in Lot 1 going to Lot 2 which
passageway in going to and
from the interior lot. A
donated Lot 1 to B and sold
Lot 2 to C.
Was an easement of right of
way created in favor of Lot 2?


Under Art. 624 of the New Civil
Code, after the alienation of one
of the estates or the two estates

but to two different persons, the

existence of an apparent sign of
the easement between the two
estates shall be considered as a
title in order that the easement
may continue to exist unless (1)
in the deed of conveyance the
contrary is provided, or (2) the
sign had been removed before
the execution of the deed.
As alienations of the two lots will
have the effect of creating an
easement of right of way (or its
continuance) in favor of Lot 2
provided the road still exists at
the time of the donation and
sale, and no contrary stipulation
has been provided in the deeds
NOTE: Art. 624, NCC also
applies in case of the division of
a thing owned on common by
two or more persons.
Rights and Obligations of the Owners of
the Dominant and Servient Estates
Rights and obligations of the servient owner:
1. Rights:
(a) To retain the ownership of the portion on which the easement is established (Art.
630, NCC)
(b) To make use of the property, provided that it be done in such a manner as not to
affect the exercise of the easement (Ibid.)
(c) To change an inconvenient place or use of an easement, provided:
i. He can offer another place or manner equally convenient to the dominant
estate; and
ii. No injury is caused thereby to the dominant estate or to those who may
have a right to the use of the easement (Art. 629, par. 2, NCC)
2. Obligations:
(a) Not to impair the use of the easement in any manner whatsoever (Art. 629, par.
1, NCC)
(b) To contribute to necessary expenses, should he make use of the easement,
except when there is contrary stipulation (Art. 628, par. 2, NCC, NCC)
(c) To pay for the changing of an inconvenient place or use of an easement (Art.
629, par. 2)

Obligations of the dominant owner (Art. 627, NCC):

The dominant owner may initiate works necessary for the improvement or preservation of the
servitude or easement, provided:

He cannot, in the process, alter the easement or render it more burdensome

He will shoulder the costs thereof
He must inform the servient owner
He must choose the most convenient time and manner with the least inconvenience to
the servient estate
5. When there are several dominant estates: all shall be obliged to contribute to the
expenses in proportion to the benefits which each may derive from the work
Modes of Extinguishment of Easements
1. Merger in the same person of the ownership of the dominant and servient estates
2. Non-user for 10 years
(a) Discontinuous easements: from the day on which they ceased to be used
(b) Continuous easements: from the day on which an act contrary to the same took
* If the dominant estate belongs to several persons in common, the use of the
easement by any one of them prevents extinguishment by non-user (Art. 633, NCC)
3. When either or both of the estates fall into such condition that the easement cannot be
General The easement shall
subsequent condition
of the estates or
either of them should
again permit its use
By the time the use
the easement has
due to non-user for
10 years
4. Expiration of the term or fulfillment of the condition, if the easement is temporary or
5. Renunciation of the dominant owner
6. Redemption agreed upon between the parties to the easement (Art. 631, NCC)
7. Other grounds (enumeration of modes under Art. 631 is not exclusive):
(a) Abandonment of servient estate
(b) Annulment, rescission, or resolution of the title constituting the easement
(c) Permanent inutility of the easement
(d) In easement of right of way: opening of a new road giving access to the
isolated estate (Art. 655, par. 2, NCC)
(e) In easement of light and view: registration of the servient estate without the
easement having been registered

Enumeration of Legal Easements


Easements re: waters (Arts. 637-48, NCC)

Right of way (Arts. 649-57, NCC)
Party wall (Arts. 658-66, NCC)
Light and view (Arts. 667-73, NCC)
Drainage (Arts. 674-76, NCC)
Intermediate distances (Arts. 677-81, NCC)
Easement against nuisance (Arts. 682-83, NCC)
Lateral & subjacent support (Arts. 684-87, NCC)
Easements Relating to Waters

Easement of natural drainage (Art. 50, Water Code, repealing Art. 637, NCC):
1. The servient estate is the lower estate; the dominant estate is the higher estate
2. Obligations of the servient estate:
(a) To receive not only the waters that naturally flow from the dominant estates, but
also the stones and soil flowing with them
(b) Not to construct works that will impede the easement or which while divert the
flow of the waters and burden any tenement (Osmea vs. Camara, C.A. 380
62773) without providing for an alternative route of drainage
(c) Not to enclose the land by ditches or fences to impede the flow of the waters
(Lunod vs. Meneses, G.R. No. L-4223, August 19, 1908)
Excepti Where
dominant estate
failed to file an
action to demolish
the dike within 10
extinguished for
3. Obligations of the dominant estate:
(a) Not to cause the construction of works which will intensify the burden on the
servient estate
(b) To compensate the servient owner if the waters are the result of (1) an overflow
from irrigation dams, or (2) artificial descent done by man and damage was
caused by reason thereof
* There will be no indemnity if the conditions laid down in the law had been complied
with by the dominant estates.
Easement of Drainage of Buildings (Arts. 674-76, NCC):

1. The owner of a building is

obliged to construct its roof or
covering so that the rainwater









will fall not on the land of his

neighbor, but:
(a) On his own land
(b) On a street
(c) On a public place
Does not seem to create an
easement, as it merely
regulates the use of a
persons property insofar as
rainwater is concerned
Applies in places where
buildings are constructed on
mountainous or elevated
areas and the roofs are of
different heights, and those in
the lower areas may receive
rainwater from neighboring
The servient estate should
provide an outlet for the
passage of such falling water
to a public street or in
ordinances or customs so as
to prevent damage to the
dominant estate
Applies to a yard or court of a
house surrounded by other
houses where there is no
outlet for the drainage of
rainwater collected therein
The owner of said property
easement of drainage from
(similar to the easement of
right of way), the outlet being
at the point of shortest or
easiest exit of rainwater
The dominant owner is
indemnity for the damage

Easement on Riparian Banks (Art. 51, Water Code, repealing Art. 638):

1. Covers the following easements:

(a) Navigation
(b) Floatage
(c) Fishing
(d) Salvage
(e) Public use in the interest of recreation
2. Width of zones of banks of rivers, streams, and shores of seas and lakes subject to
(a) Urban areas: 3 meters
(b) Agricultural areas: 20 meters
(c) Forest areas: 40 meters
* The above measurements follow the entire length of the rivers, streams, etc. along
their margins
3. The construction of any structures of any kind on the zones is prohibited
4. The length of stay on the zones cannot be longer than what is necessary for the purpose
Easement of Abutment of a Dam (Art. 639, NCC):
1. One who is to build a dam must get the permission of the riparian owner where there is a
need to build a dam for the purpose of divert or taking water from a river or brook
If the dam is constructed without permission, the riparian owner can have it
demolished as a nuisance (Solis vs. Pujeda, G.R. No. L-16392, January 13, 1922)
2. Payment of indemnity is required
Compulsory Easements for Drawing Water or for Watering Animals (Arts. 640-41, NCC):
1. Can be imposed only for reasons of public use in favor of a town or village
2. Payment of indemnity is required
3. Carries with it the implied obligation (an accessory easement) to permit passage to
persons and animals to the source of the water
The indemnity referred to in no. 2 above includes this obligation
4. The width of the implied right of way cannot exceed 10 meters (Art. 657, NCC)
Easement of Aqueduct (Arts. 642-46, NCC):
1. Aqueduct: a conduit or artificial channel for conducting water from a distance
2. A right to make ones water run and flow through intervening estates for his own use
3. For legal purposes: always continuous and apparent (even if the flow of water is in
reality not continuous) (Art. 646, NCC)
4. Obligations of the dominant estate:
(a) To establish all the following requirements:
i. That he can dispose of the water
ii. That the water is sufficient for the intended use
iii. That the proposed right of way where the water will pass through is the
most convenient and lease onerous to the servient estates
Easement of right of way does not
necessarily include easement of aqueduct.
(San Rafael Ranch Co. vs. Rogers Co., 96

P.1092, Cal. 1908)

iv. That indemnity is paid to:
[A] Owners of the intervening estates
[B] Owners of the lower estates upon which the waters may filter or
5. Right of servient estate:
(a) To receive indemnity paid
(b) To close, or fence, or build structures on the property subject of easement
i. No damage is caused to the aqueduct; or
ii. Repairs and cleaning of the aqueduct shall not be rendered impossible
6. Restrictions on the easement:
When an easement for
aqueduct is for private
interest only, it cannot be
imposed on any of the
following properties:
1. Buildings
2. Courtyards
3. Annexes or outhouses
4. Orchards
5. Gardens
Where the easement is
for the benefit of the
public or community, it
can be imposed on said
enumerated properties
Easement of Right of Way
The easement of right of way is a right granted to a person or class of persons to pass over
the land of another by using a particular pathway therein to reach the formers estate, which has
no adequate outlet to a public highway, subject to the payment of proper indemnity to the
servient owner.
The easement of right of way is discontinuous in nature since the dominant estate cannot be
continually crossing the servient estate and will only do so at intervals. (Vda. de Baltazar, et al.,
vs. CA, G.R. No. 106082, June 26, 1995)
1. The dominant estate is surrounded by other immovables, and has no adequate outlet to
a public highway
(a) Test of adequacy: if there is already an existing outlet from the dominant estate
to a public highway, even if inconvenient, the need to open another is unjustified
(Constabella Corp. vs. CA, G.R. No. 80511, January 25, 1991)
2. Payment of proper indemnity:

(a) If passage is permanent, equivalent of the value off the occupied land + amount
of damage caused to the servient estate
(b) If passage is temporary (e.g. for gathering of crops [Art. 649, par. 3, NCC],
passage of materials during the construction of a building [Art. 656, ,]), equivalent
to the amount of damage caused
3. The isolation should not be due to the proprietors own acts
4. Least prejudice vs. shortest distance:
(a) If least prejudice and shortest distance concur: the easement shall be
established at the path of shortest distance
(b) If least prejudice and shortest distance do not concur: the easement shall be
established at the path of least prejudice (Art. 650, NCC)
Easement of Party Wall
A party wall is a wall erected on the line between two adjoining properties belonging to different
persons, for the use of both estates.
Every part-owner of a party wall may use it in proportion to the right he may have in the coownership, without interfering with the common and respective uses by the other co-owners.
(Art. 666, NCC)
Governing rules:
1. Provisions of the New Civil Code on easements
2. Local ordinances and customs not conflicting with the New Civil Code
3. Provisions of the New Civil Code on co-ownership
Presumption of the existence of a party wall:
1. In dividing walls of adjoining buildings up to the point of common elevation
2. In dividing walls of gardens or yards situated in cities, towns, or in rural communities
3. In fences, walls, and live hedges dividing rural lands
The presumption is destroyed by the presence of:
1. Title to the contrary
2. Exterior signs to the contrary: ownership of the walls, fences, or hedges shall be
presumed to belong exclusively to the owner of the property where there is an exterior
sign, i.e. whenever
(a) In the dividing wall of buildings, there is a window or opening
(b) The dividing wall is, on one side, straight and plumb on all its facement, and on
the other, it has similar conditions on the upper part, but the lower part slants or
projects outward
(c) The entire wall is built within the boundaries of one of the estates
(d) The dividing wall bears the burden of the building beams, floors, and roof frame
of one of the buildings, but not those of the others
(e) The dividing wall between courtyards, gardens, and tenements is constructed in
such a way that the coping sheds the water upon only one of the estates
(f) The dividing wall, being built of masonry, has stepping stones, which at certain
intervals project from the surface on one side only, but not on the other

(g) Lands inclosed by fences or live hedges adjoin others which are not inclosed
(Art. 660, NCC)
* When an exterior sign contradicts a , NCC title, the latter prevails, being an express
proof of ownership.
3. Proof to the contrary
On common ditches (Art. 661, NCC):
1. When these ditches or drains are
located between two estates belonging
to different owners, they are presumed
to be common unless there is a title or
sign to the contrary
2. If the land is untitled, or when no one
can show proof of ownership of the land
where the ditch or drain exists,
ownership of the same will be
determined by the presence of exterior
signs (i.e. whenever the earth or death
removed to open the ditch or to clean it
is only on one side thereof)
Expenses for construction, repairs, and maintenance (Art. 632, NCC):
1. Shouldered by all the owners of the lands having the party wall in their favor in
proportion to the respective rights of the owners
2. If the party wall needs repairs on one side only, and the impairment is due to the fault or
negligence of the owner of that side, he alone must bear the cost
3. Any owner may exempt himself from contributing to the charge by renouncing his partownership
Exception: when the party wall supports a building belonging to him
Exception to exception: the owner of a building or structure supported by a
party wall who desires to demolish such building or structure may renounce
his part-ownership of the wall, provided he shoulders the cost of all repairs and
work necessary to prevent any damage which the demolition may cause to the
party wall (on this occasion only) (Art. 663, NCC)
1. A part-owner may renounce his share
in the wall without renouncing his share
in the land because the wall is different
from the land.
Raising the height of the party wall (Arts. 664-65, NCC):
1. The part-owner who makes the heightening must spend for the cost and must pay for
the damage caused
2. After the wall has been raised, the expenses for the maintenance thereof shall be borne
by the owner-builder thereof

3. If the existing wall cannot stand the weight of the intended additional wall, and there is a
need to reconstruct a new one, the concerned part-owner will shoulder the expenses
4. If there is a need to make the wall thicker than the original, the ground space required for
the thickening of the wall shall be taken from the land of the part-owner concerned
5. Non-contributors may acquire part-ownership of the heightened or reconstructed wall by
paying proportionally for the value of the work at the time of the acquisition + the value of
the land used for thickening of the wall
Non-exercise of this right means that the additional upper wall or the
reconstructed wall shall belong to the builder exclusively
Easement of Light and View
1. The easement of light is the right to admit light from the neighboring estate by virtue of
opening of a window or making of certain openings.
2. The easement of light and view is the right to make windows or openings to enjoy the
view (and admit light) through anothers estate and the power to prevent all
constructions or trucks which obstruct such view or make the same difficult

No part-owner may open

through the party wall any
window or aperture of any kind.
Where there is consent on the
part of the other part-owners
(Art. 667, NCC)

Period of prescription for the acquisition of an easement of light and view (Art. 668,
1. If thru a party wall: from the time of opening of the window
2. If thru a wall on the dominant estate: from the time of notarial prohibition
Rules for regular windows (Art. 670, NCC):
1. Can be opened provided the following distances are observed:
(a) In windows affording direct view: 2 meters between the wall having the windows
and the boundary line between the two estates
(b) In windows affording only side or oblique views: 60 cm between the boundary
line and the nearest edge of the window
1. Direct view: the gaining of direct sight
from an opening in a wall parallel to
the boundary line without having to
extend out or turn ones head to see
the adjoining tenement
2. Oblique/side view: gaining of sight of
the other tenement from an opening
made at an angle with the boundary
line, such that to be able to see the

adjoining tenement, there is a

necessity for putting out or turning
ones head either to the left or to the
2. If the owner of the wall did not follow the distances specified, he is not allowed by law to
acquire the easement by prescription (notarial prohibition is still required)
When the windows/apertures are opened at a distance of less than 2 meters
from the dividing line, they constitute unlawful openings that can be ordered
closed by the court
3. The window may still be closed unless easement of light and view has already been
acquired through notarial prohibition giving rise to prescription
1. The distances provided in Art. 670 do
not apply to buildings separated by a
public way or alley, which is not less
than 3 meters wide (Art. 672, NCC)
2. Where the dominant estate has
acquired the right to have direct views,
balconies or belvederes overlooking an
adjoining property, the servient estate
cannot build thereon if the direct view is
less than a distance of 3 meters from
the wall (Art. 673, NCC)
(a) Distance may be increased or
provided the minimum distance of
2 meters in case of direct views
or 60 cm in case of side or
oblique views are observed
(b) Any agreement to the contrary is
(c) The non-observance of these
distances does not give rise to
Rules for restricted windows (Art. 669, NCC):
When the distances in Art. 670 are not observed, only restricted windows may be made by the
owner of a wall which is not a party wall, subject to the following requirements:
1. Maximum size: 30 cm2
2. There must be:
(a) Iron grating embedded in the wall
(b) A wire screen
3. The opening must be at the height of the ceiling joists or immediately under the ceiling

1. The purpose of restricted windows is
for admitting light and air, but not for
2. Light may be obstructed, unless
easement of light has already been
3. There may be several openings,
provided the restrictions are complied
with for every opening.
4. There can also be several openings in
EVERY floor or story, for each floor or
story has a ceiling. (Choco vs.
Santamaria, G.R. No. 6076, December
29, 1911)
Rights/Remedies of the Abutting Owner in case of Restricted Windows:
1. Compel the dominant owner to:
(a) Close the opening
Prescriptive period: 10 years from the opening of the aperture
(b) Comply with the requirements
2. If no notarial prohibition has been made, or if one had been made but the 10-year
prescriptive period had not yet lapsed:
(a) Construct a building on his land
(b) Raising a wall thereon contiguous to the wall of the dominant owner(s) (Art. 669,
par. 3, NCC)
* The servient owner cannot obstruct the opening for light if an easement of light had
already been acquired by the dominant owner through:
(a) Prescription
(b) Stipulation occasioned by the acquisition of part-ownership of the wall by the
servient owner (Art. 669, par. 2, NCC)
Intermediate Distance and Works for
Certain Constructions and Plantings
1. Rule re: fortresses: No constructions can be built or plantings made near fortified
places and fortresses without compliance with the conditions set forth in related special
laws, ordinances, and regulations (Art. 677, NCC)
2. Rule re: construction of aqueducts, wells, others enumerated in Art. 678:
(a) Distances prescribed by regulations and customs of the place must be complied
If there are no applicable customs or regulations: necessary precautions
must be taken by the builder/maker to prevent any damage to neighboring
lands or tenements
(b) Illegal structures can be ordered demolished, and the one who caused their
establishment could be made liable for damages
(c) Prohibitions not subject to stipulations (void for being against public policy)
3. Rule re: distances on the planting of trees:

(a) If there are ordinances or customs: follow the distances prescribed by the
ordinances; if there are none, follow generally accepted customs
(b) If there are no ordinances or customs:
i. When tall trees are planted: at least 2 meters from the dividing line of the
two estates measured to the center of the tree
ii. When small trees are planted: at least 50 cm from the dividing line of the
two estates measured to the center of the tree
(c) Remedy for violation: removal of the trees illegally planted
4. Rule re: overextending tree branches and intruding roots (Art. 680, NCC):
(a) Re: branches: owner of overreached estate has the right to demand that these
branches be cut off
He cannot break or cut off the branches without authority
(b) Re: roots: owner of intruded estate can cut off the invading roots himself
Basis: he became owner of the roots by accession
5. Rule re: falling fruits: The owner of the neighboring tenement upon which the fruits fell
owns said fruits. (Art. 681, NCC)
Easement Against Nuisance
This is not really an easement, but a restriction on the right of ownership.
See section on Nuisance.
Lateral and Subjacent Support
This easement is an exception the rule laid down in Art. 437 (see phrase without detriment to
servitudes in said Article).
1. Lateral support: support on the vertical side of a land, the removal of which may cause
the land ot crumble or slide
2. Subjacent support: horizontal support underneath a land or building, the removal of
which may cause the sinking or crumbling of the land or building
3. Rules:
(a) No proprietor shall make such excavations upon his land as to deprive any
adjacent land or building of sufficient lateral or subjacent support (Art. 684, NCC)
(b) Any stipulation or testamentary provision allowing excavations that cause danger
to an adjacent land or building shall be void (Art. 685)
(c) Present and future buildings or constructions are protected by the easement (Art.
686, NCC)
(d) Any proprietor intending to make any excavation contemplated in Arts. 684-86
shall notify all owners of adjacent lands (Art. 687, NCC)
Merely an additional precaution; not a substitute for ones duty to exercise
reasonable care to avoid injury to the adjacent lands or buildings
Voluntary Easements
The owner is free to establish easements on his own land, provided he does not contravene the
laws, public policy, or public order. (Art. 688, NCC)
1. Rules re: usufruct:

(a) When the easement can co-exist with a subsisting usufruct, the consent of the
usufructuary is not required (Art. 689, NCC)
(b) To constitute a perpetual voluntary easement on the property, the consent of the
usufructuary must be obtained (Art. 690, NCC)
2. Rules re: property owned in common: The consent of all the co-owners is required
(a) Consent need not be given simultaneously (consent given will be held in
abeyance until the last co-owner has expressed his conformity)
(b) Once consent is given, it cannot be withdrawn anymore (or revoked by
successors) (Art. 691, NCC)
Exception: Vitiated consent
3. Rule re: what determines the rights and obligations of the dominant and servient
(a) The title (e.g. contract, will) constituting the easement
(b) Manner and form of possession, if the easement was acquired by prescription
(c) Civil Code (applies suppletorily, but will primarily apply if (a) and (b) are absent)
(Art. 692, NCC)
4. Renunciation: The servient owner who bound himself to pay for the expenses for use
and preservation of the easement and wants to free himself from such obligation may
simply renounce or abandon his property in favor of the dominant owner
(a) He may renounce or abandon that part only of the servient tenement affected by
the exercise of the easement and retain the rest
(b) If the easement affects the entire servient tenement, renunciation must be total
(c) Proper legal form must be followed

A nuisance is any act, omission, establishment, business, condition of property, or anything
else which:

Injures or endangers the health and safety of others; or

Annoys or offends the senses; or
Shocks, defies, or disregards decency or morality; or
Obstructs or interferes with the free passage of any public highway or street, or any body
of water; or
5. Hinders or impairs the use of the property. (Art. 694, NCC)
Kinds of Nuisance
1. According to persons affected (Art. 695, NCC):
(a) Public: affects a community or neighborhood or any considerable number of
persons, although the extent of the annoyance, danger or damage upon
individuals may be unequal
(b) Private: if it affects an individual or few persons only
2. According to nature:
(a) Per se: always a nuisance
(b) Per accidens: a nuisance by reason of location, surrounding, or in the manner it
is conducted or managed
Remedies Against Nuisance

1. If nuisance is public (Art. 699, NCC):

(a) Prosecution under the Penal Code or any local ordinance: To be filed by the
City or Provincial Prosecutor
i. Public nuisances are offenses against the State
ii. The accused will be prosecuted for the specific felony punished by the
Revised Penal Code, by an ordinance, or by a special penal law, in
addition to an order for the abatement of the nuisance
(b) Civil action: Commenced by the city or municipal mayor (Art. 702, NCC)
(c) Abatement, without judicial proceedings
i. Requisites for abatement:
[A] Necessity to justify the abatement
[B] Means employed in the abatement must not be unduly oppressive
[C] No unnecessary injury to property or rights must be caused
ii. An exercise of police power; no just compensation
iii. The district health officer shall determine whether or not abatement,
without judicial proceedings, is the best remedy against a public nuisance
(Art. 702, NCC)
iv. A private person may file an action on account of a public nuisance, if it is
especially injurious to himself (Art. 703, NCC); in that case, the public
nuisance is treated as a private nuisance
v. Any private person may abate a public nuisance which is specifically
injurious to him by removing, or if necessary, by destroying the thing
which constitutes the same, without committing a breach of the peace, or
doing unnecessary injury. But it is necessary:
[A] That demand be first made upon the owner or possessor of the
property to abate the nuisance;
[B] That such demand has been rejected;
[C] That the abatement be approved by the district health officer and
executed with the assistance of the local police; and
[D] That the value of the destruction does not exceed P3000. (Art. 704,
NOTE: These remedies can be pursued
simultaneously. (see Art. 700, NCC)
2. If nuisance is private (Art. 705, NCC):
(a) Civil action
(b) Abatement, without judicial proceedings
More on abatement:
1. If a private person or a public official
causes unnecessary injury, or if the
alleged nuisance was later declared by
the courts as not a nuisance, they can
be held liable for damages (Art. 707,
2. If a nuisance per se is to be abated,
such can be done summarily under the
law of necessity
3. If a nuisance per accidens is to be
abated, it must be with reasonable

notice to the person alleged to be

maintaining it at the time and place of
the hearing before a tribunal authorized
to decide whether such a thing or act
constitutes a nuisance


Mode, distinguished from Title
A way or process of
ownership; may be
original or derivative

A juridical act or a
deed which is not
sufficient by itself to
transfer ownership
but it provides a
juridical justification
for the effectuation
of a mode
Directly creates a Creates a personal
real right
right which could
ripen into a real right
Proximate cause of Remote cause of
of acquisition
* In the case of succession, the title is also
the mode. (Art. 777, NCC)
* Land registration is not a mode of
acquiring ownership; merely confirms the
existence of ones ownership over
property with notice to the whole world
(Bautista vs. Dy Bun Chin, CA-L-6983R
49, O.G. 179)
Classification of modes of acquiring ownership:
1. Original modes:
(a) Occupation
(b) Intellectual creation
(c) Acquisitive prescription
2. Derivative modes:
(a) Law
(b) Donation

(c) Succession
(d) Delivery as a consequence of certain contracts
Occupation is the taking of possession of a corporeal thing which is res nullius by a person
through material apprehension and with the intention to appropriate it as his own.
1. The thing must be:
(a) Capable of appropriation
(b) Res nullius
* Ownership of a piece of land cannot be acquired by prescription (Art. 714, NCC)
2. Possession must be taken over the thing
3. Possessor must have the intention to acquire ownership of the thing
Finders, keepers Law (Art. 719, NCC):
1. Covers lost movable properties that are not hidden treasure
2. Duty of the finder:
(a) To return the thing to the previous possessor (need not be the owner), if known
(b) If the finder does not know the owner, or if he knows him but the latter could not
be located: to deposit the thing with the mayor of the place where the thing was
3. Duty of the mayor:
(a) To publicly announce the finding of the property appropriately describing it for the
purpose of inviting the attention of the previous possessor or owner of the public
about the finding
4. Duty of the owner:
(a) If the owner appears in time: he shall pay, as reward to the finder:
i. 1/10 of the sum or of the price of the thing found
ii. Reimbursement of the finders expenses incurred for the preservation of
the thing (Art. 546, NCC), and expenses spent for the location of the
iii. Reimbursement of the expenses for publication, if there was a public
auction sale
5. Where the movable cannot be kept for long without deterioration or without substantial
expenses being incurred for its safekeeping, the same will be sold at public auction after
the lapse of 8 days following the publication of the intended auction sale
(a) If the owner (or its previous possessor) did not appear after 6 months from the
publication of the intended auction sale: the thing found, or its value/proceeds if
there was a sale, shall be awarded to the finder
The finder shall pay for the expenses incurred for the publication
Donation is a mode of acquiring ownership where the donor, through his act of liberality,
disposes gratuitously a thing or a right in favor of the donee, who accepts it. (Art. 725, NCC)

1. From the viewpoint of effectivity:

(a) Donation mortis causa (see section on Succession)
(b) Donation inter vivos
i. Simple: not subject to any condition (e.g. Art. 725, NCC)
ii. Remuneratory: one which remunerates the past services of the donee
which do not constitute demandable debts against the donor (Art. 726,
NOTE: Illegal or
conditions in simple
donations shall be
considered as not
imposed. (Art. 727,
iii. Conditional: where the donor imposes on the donee a condition
dependent on the happening of a future event (or past event unknown to
the parties) (Arts. 730-31, 764, NCC)
iv. Modal: subject to burdens or charges (Art. 726, NCC)
v. Onerous: made for valuable consideration which is considered the
equivalent of the donation (Art. 733, NCC)
On donations inter vivos and mortis causa:
1. The donation is mortis causa when:
(a) If the act is one of disposition,
but its effectivity is dependent
upon the death of the donor
(b) Ownership of the property is
reserved to the donor during his
(c) Reserves the right to revoke the
2. The donation is inter vivos when:
(a) The act is one of disposition,
and effective independently of
the donors death
(b) There is doubt on the nature of
Peaflorida, G.R. No. L-15939
January 31, 1966)
[unfinished portion take the chance to finish this shit within the week]