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Title II of Property – Ownership Arts.

427-439
Chapter 1: Ownership in general (12 articles)
427: Ownership may be exercised over things or rights
-Ownership may either be things or rights
-Things: only to material objects corporeal (consisting of a physical body or form) property
-Rights: real or personal incorporeal
-it would have been better to state that Ownership is exercised over property
-questions relating to ownership or even validity of a mortgage should generally be ventilated in
an ordinary civil action or proceeding except when the court is able to obtain sufficient evidence to
guide the Land Registration Court in formulating its decision
-informacion possessoria (possessory information): duly recorded in the Registry of Property
:prima facie evidence that the registered possessor is also the owner of the land involved.
-Torrens title as conclusive evidence of ownership: confirm and register the title which one may
already have on the land
Property v. Ownership
Etymology
Roman

Roman Law
Castan
no difference in extent
or contents but simply
a difference of
viewpoint

Property
Proprius meaning one’s own
Proprietas- ownership

no difference bet the concepts of
property and ownership
Emphasizes the relation bet. The thing
and owner to whom it belongs

Ownership
Dominium meaning the absolute control over
thing except as may be restrained by law
Domus or house
Dominus- master of the house
Dominium- domestic power over the
household

Implies power over a thing w/c belong to the
owner

Civil Code
Things which are susceptible of
Mass or bundle of rights that may be exercised
(does not define but
appropriation/ object
over a property /rights
enumerates the rights
which are included
therein
An independent right of exclusive enjoyment and control of the thing for the purpose of deriving therefrom all
advantages required by the reasonable needs of the owner (holder of the right) and the promotion of the general
welfare but subject to the restrictions imposed by law and the right of others. (Justice J.B.L Reyes)
RIGHTS (EDR, EFD, JCH, A) The right to…
Enjoy the property (428, par. 1)
Dispose (same)
Recover the property from any holder or possessor (par. 2)
Exclude any person from enjoyment and disposal (429)
Fence or enclose the land or tenement (430)

2 442 . Natural -spontaneous products of the soil and the young and other products of animals2 b. a judgement against the brother-possessor would generally not be binding on the brother-owner. If he is not allowed to intervene. Jus utendi Meaning Article Right to use property without destroying its substance 428 2.Demand indemnity for damages suffered due to lawful interference by a 3 rd person to avert an imminent danger (432) Just compensation in case of eminent domain (435) Construct any works or make any plantations and excavations on the surface or subsurface of the land (437) Hidden treasure found in the owner’s property (438) Accessions (440) 431-No injury to rights of 3rd persons 433.Disputable presumption of ownership 434.Requisites in the definition of hidden treasure Attributes of Ownership/rights of an owner under roman law 1. Jus fruendi Right to the fruits 1 the right to exclude any person from the enjoyment and disposal thereof Right to 3 kinds of fruits: a.Requisites in an action to recover 436-Seizure as an exercise of police power 439. Industrial The owner may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of the property (429)1 Only owners and not mortgagees can claim damages for injury to the fruits of a piece of land and for injury Owner is entitled to intervene to protect his rights.

as a definite passive subject -creates a direct relation bet. 428 428 A.-those produced by lands of any kind through cultivation or labor c. Jus possidendi 6.power belonging to a person over a specific thing without a definite passive subject against whom such right may be personally enforced. the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income 3.power belonging to a person over a specific thing w/o a definite passive subject against whom such right may be personally enforced. The specific thing and its holder in such a way that it permits the holder to exclude others from the enjoyment of the thing -creates obligation on the part of 3 rd persons not to interfere -possession -usufruct -easement -pledge -mortgage 2 general categories of real rights Jus in re propria Jus in re aliena -Real rights over one’s own property -Rights are lesser rights than the right of . . Ownership is a real right (Jus in re) .provides owner the most ample power of domination over the property Jus in re/right in rem Real right -imposes an obligation on persons generally . Jus in Personam Personal Right -Imposes an obligation on a definite person -Right of obligation is the power belonging to one person to demand from another. Jus abutendi 5. Civil -rents of buildings. Jus disponendi 4. Jus vindicandi Right to dispose or alienate Right to abuse or to consume the thing by its use Right to possess Right to recover caused by the deprivation of possession.

it can exist w/o necessity of other rights a. the shares though the shareholder is not registered in the corporation’s book as the owner . without other limitations than those established by law. . Possession. Usufruct= full ownership. Co-ownership/ Tenancy in Common -ownership is vested in 2 or more owners -unity of the property and plurality of subjects (Manresa) -co-owners: the owner of an undivided aliquot part (aliquot: contained an exact no. of times in something else) Naked ownership= full ownership. Dominium or jus in re propia -Full ownership -includes all the rights of an owner Naked ownership + usufruct= full ownership ownership yet they make inroads upon and curtail the rights of the owner Ex. as against the bare title to property 428: The owner has the right to (1) enjoy and (2) dispose of a thing. Usufruct. Sole ownership -naked ownership -the right to the use and the fruit has been denied.usufruct Beneficial ownership Legal Ownership Naked Ownership -Ownership recognized by law and capable of being enforced in court -used in 2 senses: (1)Equitable ownership: interest of a beneficiary in trust property (2)Power of a shareholder or corporation to buy or sell. Nuda proprietas c.right to its enjoyment in one person where the legal title is in another (beneficial use. Mortgage and Easement (some of his right of ownership was restricted and abridged) Usufruct: possesses a right over a thing owned by another Cannot exist independently of ownership because they presuppose the existence of ownership Kinds of ownership b.-independent.naked ownership -ownership is vested in only person d. ownership or interest) -enjoyment of all benefits and privileges of ownership.

however inconvenient and prejudicial to the public interest or to the right of others -use that extinguishes that consume by acts of the owner. he may be declared a spendthrift or prodigal.The owner has also a right of action against the holder and possessor of the thing in order to (3) recover it. to encumber. If he wasted his money for the purpose of depriving his compulsory heirs of their rightful legitime. either naturally or artificially a. to transform.Jus possessidendi (possession).power of the owner to dispose of his property includes the power to alienate. jus abutendi (consumption) or its jus utendi (use). Mortis causa -Right is exclusively vested upon the owner based upon “no one can give what he does not have: -Ex. -Things embraces both material objects and rights (1) RIGHT TO ENJOY -Right of the owner to freely enjoy either the property itself or the benefits derived therefrom . Right to use and Abuse Jus utendi (right to use) Jus abutendi (right to consume) -consumption of the thing by its use -X (not) :right of the owner to exercise absolute and unlimited power over the thing to the point of destroying it by any means. Gratuitous title His right to another by any act of: a. right to accession (enjoyment of anything attached or incorporated to it. things which are consummable -a person can dispose of his wealth but he must leave enough for his own support and for those who is obliged to support (750). Inter vivos b. Sale and donation (a seller need not to be the owner at the time of perfection of the contract of sale. jus fruendi (enjoyment of its fruits). (2) RIGHT TO DISPOSE . to destroy and to merge Alienate -Right of the owner to transmit either by: a. It is sufficient that he be the owner at the time of delivery (1459) Limit or Encumber -Power of the owner to deprive himself of the . Onerous b. to limit.

tolerance. secrecy) . Actions for recovery of possession -replevin: an action or provisional remedy to recover possession of a personal property under Rule 60. forcible entry action to recover the ownership over real 3 Modes thru which possession cannot be acquired (force. or its form or destination -Power to render useless or to abandon or annihilate (thrash) the thing (3) RIGHT TO RECOVER (jus vindicandi) a. under premises they real not personal property -Other remedy: writ of preliminary injunction and writ of possession -“move in the premises” resolution-not a license to occupy or enter the premises subject of litigation esp. par1 -transmissible to the heirs or assignees of the person entitled to it. cannot be the subject. he is not justified to take the law into his own hands—proper legal processes to recover possession (433) and (536)3—539. -It is essential in the contract of mortgage or pledge that the mortgagor or the pledgor be the owner of the thing mortgaged or pledge. in cases involving real property. Rules of Court-machinery and equipment used for an industry and indispensable for the carrying on of such industry. otherwise the contract is null and void -Power to change the nature of the thing. 3 kinds of actions available to recover possession of real property Accion Interdictal Accion Publiciana/ Plenaria Accion Reivindicatoria de posesion -comprises 2 distinct causes -action for recovery the -reinvidcatory action of action: right to possess/plenary -an action to recover a. It simply means that the parties are oblige to inform the Court of developments pertinent to the case which may be of help to the court in its immediate disposition.Transform Destroy several of the rights included in ownership and transfer them to another -deprive himself by entering into contracts of lease and commodatum (ex) -constituting a usufruct: deprive himself to enjoy his property including the right to receive the fruits in favor of a third person. Right to possession -entitled to exclusive possession of his property -he may exclude any person from the enjoyment and disposal by force if necessary (429) -he may also enclose or fence his property by any means (430) -However. Right included in ownership Possession (right independent and apart from ownership) Jus possidendi Jus possessionis -right to possession -right of possession (see Title 5 of Book 2) b.

4 5 (detentacion) b. If it is situated outside Metro Manila. (not require good faith or just title. as distinguished from the summary nature of ejectment cases . If it exceeds P50. unlawful detainer (desahuico) -both within the exclusive jurisdiction of MTC -required to be brought within 1 year from the date of actual entry in case of forcible entry. (4 years counted from the discovery of fraud) -determination of the better right of possession or possession de jure The possession de facto is lost if the possession by another person has lasted for more than one year. 000= with RTC c. otherwise the real right of possession is lost. otherwise it is the RTC Ejectment cases: -intended to provide an expeditious means of protecting actual possession or right to possession of property -not processes to determine the actual title -question is the physical or material possession (possession de facto) -court: initial determination who is the owner of the property. If the property is located in Metro Manila and its assessed value does not exceed P50.000. -possession de jure property -must be brought within 10 years or 30 years as the case may be depending on whether the other party seeks to obtain ownership by ordinary (good faith and just title runs for 10 years) or extraordinary prescription. it is the MTC if the assessed value does not exceed P20. -jurisdiction shall depend on the location of the realty and its assessed value a.a plenary action5in an ordinary civil proceeding to determine the better right of possession of realty independent of the title or ownership of the property. -and from the date of the last demand: unlawful detainer *prescriptive period (554(4))4 better right of possession . runs for 30 years) -constructive trust=regardless of lapse of time(imprescriptibility of an implied trust) -does not lapse by death:recovery of title or possession of real estate -action for recoveyance based on implied trust (10 years) -based on fraud. -determination of t he ownership is not clothed with finality -limited to the question of possession de facto -also used to refer to an ejectment suit filed after the expiration of 1 year from accrual of the cause of action -must be brought within a period of 10 years.000= jurisdiction is with MTC b.

Otherwise=RTC -requisites discussed in Art. or what is known as jus possidendi -an action whereby plaintiff alleges ownership over a parcel land and seeks recovery of full possession.000= MTC b. 433 &434 . Property located in Metro Manila and value does not exceed P50. Outside Metro Manila=MTC=does not exceed 20.Basis of the recovery: plaintiff’s real right of possession/ jus possessionis -plaintiff merely alleges proof of a better right to possess w/o claim -if the judgment in an ejectment case is already final. which is completely foreign to his claim that the subject matter of the litigation has been mortgaged to him to secure payment of a load. Action to rescind contracts in fraud of creditors Ownership itself. the writ of execution and a writ of demolition may already be issued -supersedeas bond answers only for back rentals.000 d. A mortgagee does not have any right to intervene in an ejectment case involving only possession. Plaintiff has been deprived of the exercise of all rights included in ownership and what he seeks to recover by filing such an action Jurisdiction depend on the location of the realty and its assessed value: a. involves recovery of possession as an incident or attribute ownership. Exceeds=RTC c.

strategy. threat. The defendant unlawfully withholds possession of the property after the expiration under any contract. unlawful detainer (detentacion) (desahucio)  summary action to recover material or physical possession of real property when the person who originally held it was deprived of possession by “force. they may also termed “actions quasi in rem” a. prior physical possession is not required 1 year prescriptive period from the date of the last demand -if there is a fixed period for the termination –1 yr period begins from the expiration of the lease -if the reason of ejectment is non payment of the rent /non fulfillment of the . implied or express. vendor.: when entry was made through stealth (a secret action). or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession. forcible entry b. intimidation. Time when possession become unlawful Possession by the defendant is unlawful ab initio Possession is originally lawful but becomes illegal by reason of the termination of his right of possession under his contract with the plaintiff Action Plaintiff must allege and prove that he was in prior physical possession of the premises until deprive Plaintiff has prior possession and he is deprived by the defendant through FISTS Plaintiff need not have been in prior physical possession Complaint Period to bring the action Gen. vendee. 1 year period is counted from the time the plaintiff learned it. by virtue of any contract. or stealth (FISTS) -action may be filed by a lessor.: counted from the date of actual entry on the land Exc. express or implied. unlawful detainer  both ownership is not involved but only the right to material possession (de facto possession)  both are proceedings in personam (binding only on the parties and privies) -if involve real property .Forcible entry v.

where the 1 year period for bringing forcible entry or unlawful detainer has already expired -can be brought as soon as the dispossession takes place. in the case of unlawful detainer Writ of possession -used in connection with the Land Registration Law is an order directing the sheriff to place a successful registrant under the Torrent system in possession of the property covered by a decree of the Court. information and belief c. without waiting for the lapse of one year Process in ordering the delivery of property to him (replevin) 1. 3. particularly describing it. that the property is wrongfully detained by the adverse party. must also give a bond. post a counterbond in double the value of said property 2. being mandatory Remedy of a stranger to the action for replevin: 3rd party claim under Sec. Under the old law. 7 Rule 60 of the Rules of Court—Remedy of intervention: prior determination of whether one is a proper party defendant or a stranger to the action is necessary. The court then orders the sheriff to take such property into his custody. and for the payment to the adverse party of such sum as he may recover from the applicant in the action.Entry was not obtained thru FISTS 2. actual market value of the property 2. of forcible entry and during the appeal. executed to the adverse party in double the value of the property as stated in the affidavit. or is entitled to the possession b. it has not been distrained or taken for a tax assessment or fine pursuant to law or seized placed under custodial legis or if so seized.Applicant must show his own affidavit or some other person who personally knows of the facts: a. that it is exempt from such seizure or custody d. It must show that the applicant is the owner of the property claimed. If the property or any part be concealed in a building or enclosure.conditions-1 year period must be counted from the date of demand to vacate A lessor. and not delivered upon demand. serve plaintiff a copy-both requirements as well as compliance therewith within 5 day period mentioned. for the return of the property to the adverse party if such return be adjudged. . the sheriff must cause the building or enclosure to be broken open. He then takes the property. alleging the cause of detention according to his best knowledge. may sue for both ejectment and rescission 2 kinds of accion publiciana 1. Other remedy Writ of injunction -may be availed of in the original case. Process a defendant in replevin wishes to restore the property taken by the sheriff (should within 5 days) 1. it was the clerk of court who made the order 4.

Given by the State a. The issuance of the decree of registration in part of the registration proceedings Writ of demolition is merely a complement of writ of possession Neve prescribes----summary in nature:cannot be considered a judgment on the merits which is defined as “one rendered after a determination of which party is right. to use. if the welfare of the community so demands it -salus populi est suprema lex -interest of the public in general. Use your property so as not impair the rights of ohers -the owner of the thing cannot make use thereof in such a manner as to injure the rights of a third person (431) “sic utere tuo ut alienum non laedas” Limitations on Ownership 1. up to the issuance of the final decree. and not unduly oppressive upon individuals -no financial compensation in police power (unlike eminent domain)—what he gets in return are the benefits arising from a healthy economic . Police power -right of the state to regulate and restrict personal and property rights for the common welfare. during the proceedings. as distinguished from a particular class -reasonably necessary for the accomplishment of the purpose. as distinguished from a judgement rendered upon some preliminary or formal technical point. to the fruits)right to dispose (right to consume or destroy or abuse. -property may be interfered with. to encumber or alienate) RIGHT OF OWNERSHIP NOT ABSOLUTE based on: A. Welfare of the people is the supreme law of the land B.-may be issued only against the person defeated in the registration case and against anyone unlawfully and adversely occupying the land or any portion thereof. to dispose. 428rights of an owner under the civil coderight to enjoy. even destroyed. to recover or vindicateright to enjoy (right to possess.

1 by the Law 2. .By the owner or grantee himself 3. said owner in the meantime cannot physically occupy the premises -when the owner pledges his personal property. he has in the meantime to surrender his possession -donor may prohibit the donees from partitioning the property for a period not exceeding 20 years standar of society—damage without injury—damnum absque injuria -vested in Congress of the Philippines but its exercise may be delegated to municipal corporations (gen. it involves power to destroy (Chief Justice John Marshall) Congress has the exclusive power although it may be delegated to mun.By the grantor c. welfare clause). During emergency period -power to raise income or revenue to defray/cover necessary governmental expenses for a public purpose -the strongest power. corporations. Power of eminent domain -legal easement of waters -legal easement of right of way -when the owner leases his property to another.b. Power of taxation 1. sometimes to the Pres.