Professional Documents
Culture Documents
I. PROPERTY (ART.414-426)
Art. 414 - All things which are or may be the object of
appropriation are considered either:
1. Immovable or real property; or
2. Movable or personal property
Property - may be defined as anything which is or may be the
object of appropriation. (Art. 414, NCC)
Thing - refers to those which are or may not be the object of
appropriation.
CLASSIFICATION OF THINGS:
1. Res Nullius (belonging to no one)- are things that have not
yet been appropriated.
2. Res Communes (belonging to everyone)- use and enjoyment of
the thing are given to all.
3. Res Alicujus (belonging to someone)- things privately owned.
CLASSIFICATION OF PROPERTY:
A. Mobility and non-mobility:
B. According to Ownership:
C. According to Alienability:
D. According to Existence:
E. According to Materiality or
Immateriality:
F. According to Dependence or
Importance:
G. According to Capability of
Substitution:
H. According to Nature or
Definiteness:
1. Fungible - capable of
substitution
2. Non-fungible - not capable
of substitution
1. Generic - group or class
2. Specific - single
1. In custodia legis
2. free property
REQUISITES/CHARACTERISTICS:
1. Utility - ability to serve as a means to satisfy human needs
2. Substantivity or Individuality - separate and autonomous
existence
3. Appropriability - even if not yet actually appropriated
ART. 415 - IMMOVABLE PROPERTY:
1. Land, buildings, roads and constructions of all kinds adhered to the soil;
2. Trees, plants, growing fruits, while they are attached to the land or
form an integral part of an immovable;
3. Everything attached to an immovable in a fixed manner in such a way that
it cannot be separated therefrom without breaking the material or
deterioration of the object;
4. Statues, reliefs, paintings or other objects for use of ornamentation,
placed in buildings or on lands by the owner of the immovable in such
a manner that it reveals the intention to attach them permanently to the
tenements;
5. Machinery, receptacles, instruments or implements, intended by the owner
of the tenement for an industry or works, which may be carried on in a
building or on a piece of land, and which tend directly to meet the needs
of the said industry or works;
6. Animal houses, pigeon houses, beehives, fishponds or breeding places of
similar nature, in case their owner has placed them or preserves them
with the intention to have them permanently attached to the land and
forming a permanent part of it; the animals in these places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries and slag dumps, while the matter thereof forms part of
the bed, and waters either running or stagnant;
9. Docks and structures which, though floating, are intended by their nature
and object to remain at a fixed place on the river, lake or coast;
10. Contracts for public works, and servitudes and other real rights over
immovable property.
CLASSIFICATION OF MOVABLES:
As to their possibility of being consumed:
1. Consumables - those which cannot be used in a manner
appropriate to their nature without being
consumed.
2. Non-consumables - those which can be used in a manner
appropriate to their nature without their
being consumed.
As to their possibility of being substituted:
3. Fungibles - those which can be substituted by others of the
same kind or quality.
4. Non-fungibles - those which cannot be substituted by others
of the same kind and quality.
PROPERTY OF PUBLIC DOMINION
The following things are property of pubic dominion:
1. Those intended for public use, such as roads, canals, rivers
torrents, ports and bridges constructed by the State, banks,
shores, roadsteads, and other similar character. (Art. 420 (1))
2. Those which belong to the State, without being for public
use, and are intended for some public service or for the
development of the national wealth. (Art. 420 (2))
3. Property for public use, in the provinces, cities, and
municipalities, such as provincial roads, city streets,
municipal streets, squares, fountains, public waters,
promenades, and public works for public service paid for by
said provinces, cities or municipalities. (Art. 424 (1))
CHARACTERISTICS OF PROPERTY OF PUBLIC DOMINION:
Property of public dominion are outside the commerce of man.
Consequently:
1. They cannot be appropriated;
2. They cannot be the subject matter of contracts; hence, they
cannot be alienated or encumbered;
3. They cannot be acquired by prescription;
4. They cannot be subject to attachment or execution;
5. They cannot be burdened by any voluntary easement.
PATRIMONIAL PROPERTY OF THE STATE (Art. 421, 424, NCC):
Property of the State which are:
1. not intended for public use,
2. for public service,
3. for the development of national wealth,
4. property of provinces, cities, and municipalities which are
not intended for public use.
Property of Private Ownership
- consists of all property belonging to private persons, either
individually or collectively.
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Art. 428 - The owner has the right to enjoy and dispose of a
thing, without other limitations than those
established by law.
The owner has also a right of action against the
holder and possessor of the thing in order to recover
it.
RIGHTS OF AN OWNER/ATTRIBUTES OR ELEMENTS OF OWNERSHIP:
1. Right to Enjoy:
2. Right to Dispose:
- jus disponendi
3. Right to Vindicate:
- jus vindicandi
4. Right to Exclude:
CHARACTERISTICS OF OWNERSHIP:
1. General - the right to make use of all the possibilities or
utility of the thing owned, except those attached
to other real rights existing thereon.
2. Elastic - power/s may be reduced and thereafter automatically
recovered upon the cessation of limiting rights.
3. Exclusive - there can only be one ownership over a thing at
a time. There may be two or more owners but only
one ownership.
4. Perpetuity - ownership lasts as long as the thing exists.
It cannot be extinguished by non-user, but only
by adverse possession.
5. Independence - it exists without necessity of any other right.
LIMITATIONS ON OWNERSHIP:
1.
2.
3.
4.
General limitations
Limitations imposed by the owner himself.
Specific limitations imposed by law.
Inherent limitations arising from conflict with other
rights.
5. Limitations imposed by the party transmitting the property
either by contract or by will.
RIGHTS OF A PERSON OVER HIS PROPERTY:
(Arts. 428,429,430,435,437,438,440, NCC)
1.
2.
3.
4.
5.
6.
7.
8.
9.
1.
2.
3.
4.
UNLAWFUL DETAINER
- An action for recovery of possession of any land or building
by a landlord, vendor, vendee, or other person against whom the
possession of the same was unlawfully withheld after the
expiration or termination of the right to hold possession, by
virtue of any contract.
-There is withholding of possession and refusal to vacate.
Prescriptive period: 1 year period - upon expiration of lease
1 year period - from the demand to vacate
Note: The demand to vacate must be absolute and not
conditional. The demand must be made at least 5 days (building)
and 15 days (land) before the action is brought.
Issue: Possession de facto ( material possession)
Note: Ownership is not the issue involved in an unlawful
detainer or ejectment case. (Tiu V. CA)
Prior possession is not always essential or a condition sine
qua non.
FORCIBLE ENTRY
1. Possession is unlawful from
the beginning - because the
property was acquired through
F.I.S.T.S.
UNLAWFUL DETAINER
1. Possession is inceptively
lawful from the beginning, but
becomes illegal from the time
possession is unlawfully
withheld after the expiration
of the right thereto.
2. No demand to vacate
necessary.
2. Demand is jurisdictional.
Ground: failure to pay rent
or lease.
Limitations:
1. Horizontally - extends up to the boundaries
2. Vertically - extends below the surface and above it to the
extent required by the economic interest or
utility to the owner, in relation to the
exploitation that may be made of the property.
3. Airspace - the owner cannot complain of the reasonable
requirements of aerial navigation.
HIDDEN TREASURE
By treasure is understood, for legal purposes, any hidden and
unknown deposit of money, jewelry, or other precious objects,
the lawful ownership of which does not appear. (Art.439,NCC)
General Rule: Art.438
Hidden treasure belongs to the owner of the land, building, or
other property on which it is found.
Nevertheless, when the discovery is made on the property of
another, or of the State or any of its subdivisions, and by chance
one-half thereof shall be allowed to the finder. If the finder
is a trespasser, he shall not be entitled to any share of the
treasure.
If the things found be of interest to science or the arts, the
State may acquire them at their just price, which shall be divided
in conformity with the rule stated.
HIDDEN TREASURE - REQUISITES:
1. The treasure must consist of money, jewelry, or other precious
objects;
2. It must be hidden and unknown
3. Its lawful ownership does not appear
4. The discovery must be by chance
5. The discoverer must be a stranger and not a trespasser.
HIDDEN TREASURE - EXCEPTIONS:
The finder is entitled to 1/2, provided:
1. Discovery was made on the property of another, or of the State
or any of its political subdivisions;
2. The finding was made by chance;
3. The finder is not a co-owner of the property where it is found;
4. The finder is not a trespasser;
5. The finder is not an agent of the landowner;
6. The finder is not married under the absolute community or
the conjugal partnership of gains system (otherwise his share
belongs to the community.
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CLASSIFICATION OF ACCESSION:
A. Accession Discreta (To the fruits)
1. Natural Fruits
2. Industrial Fruits
3. Civil Fruits
B. Accession Continua (Attachment or incorporation)
1. With reference to real property:
a. Accession industrial
1. Building
2. Planting
3. Sowing
b. Accession natural
1. Alluvium
2. Avulsion
3. Change of course of rivers
4. Formation of islands
2. With respect to personal property:
a. Adjunction or conjunction
1. Inclusion (engraftment)
2. Soldadura (attachment)
3. Tejido (weaving)
4. Pintura (painting)
5. Escritura (writing)
b. Mixture
1. Confusion - liquids
2. Commixtion - solids
c. Specification
Notes on Accession:
Accession is not a mode of acquiring ownership because
accession presupposes a previously existing ownership by the
owner over the principal
One who owns a thing should justly enjoy its fruits.
The right to accession is automatic (ipso jure), requiring
no prior act on the part of the owner of the principal.
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owner belongs:
natural fruits;
industrial fruits;
civil fruits;
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Builder, Planter,
Sower (BPS)
Owner of the
Materials (OM)
Good Faith
- Acquire improvements
and pay to B, P,S indemnity;
- Subsidiarily liable to
owner of materials:
a. sell land to B or P except
if the value of the land is
Considerably more
b. rent to S
(448, 546, 455)
Good Faith
- Right of retention for
necessary
and
useful
expense
- Pay value of materials to
owner of materials
Good Faith
Collect
value
of
materials primarily from
B,P, S;
- Subsidiarily from land
owner if B, P, S insolvent
- Remove only if without
injury
(455, 447)
Good Faith
- Acquire improvements
and pay indemnity to B,
P, S
- Sell to B, P except if the
value of land is
considerably more
- forced lease
- Without subsidiary
liability for cost of
material
Good Faith
- Right of retention for
necessary and useful
expenses
- Keep building, planting
or sowing w/o indemnity to
owner of materials and
collect damages
(546, 449)
Bad Faith
- Lose them without right to
indemnity (449)
Good Faith
Option to:
- Acquire improvement
w/o paying indemnity and
Collect damages, or
- Demolition or
restoration, and collect
damages, or
- Sell to B, P or rent to S,
and collect damages
- Pay necessaryexpenses to
B, P, S
(449, 450,451)
Bad Faith
{Same as though all acted in
good faith (453)}
Bad Faith
- Acquire improvements
after paying indemnity and
damages to B, P, S
- Subsidiarily liable to
owner of materials
(454, 447, 455)
Bad Faith
- Recover necessary
expenses for preservation
- Lose improvements w/o
right to indemnity from
LO (452) unless the LO sells
land
Bad Faith
- Recover value from B, P,
S (as if both acted in
good faith)
- If B, P, S acquires
improvements, remove
materials if w/o injury
(447)
- No action
Bad Faith
{Same as though all acted in
good faith (453)}
Good Faith
- Remove improvements in
any event
- Be indemnified
for damages
Bad Faith
{Same as though all acted in
good faith (453)}
Good Faith
- Remove materials if w/o
injury
- Collect value of
materials, primarily from
B, P, S; subsidiarily
from LO (447, 455)
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Bad Faith
- Acquire improvements
after indemnity to B, P, S;
- subsidiarily liable to
owner of materials:
Bad Faith
- Right of retention for
Necessary expenses
- Pay value of materials to
owner of materials and
pay him damages (546,447)
Good Faith
- Collect value of
materials primarily form
B, P, S; subsidiarily from
LO
- Collect damages
- If B, P, S acquires
improvements, remove
materials in any
event (447, 455)
Bad Faith
- Recover necessary
expenses (452,443)
- Lose improvements
w/o right of retention from
LO (452) unless LO sells the
land
Good Faith
- Collect value of
materials and damages from
B, P, S and subsidiarily
from LO
- Remove materials in any
event if B, P, S acquires
improvements
Good Faith
- Indemnity for damages
- Remove improvements in
any event(454,447)
Bad Faith
- No indemnity;
- lose materials (449)
a. Sell to B, P
except: if the value is
Considerably more
b. Rent to S
(453, 448, 546, 548, 455)
Good Faith
Option to:
- Acquire w/o paying
indemnity and collect
damages
- Sell to B, P and rent to
S and collect damages
- Demolish or restore and
collect damages
- Pay necessary expenses to
B, P, S
- Subsidiarily liable to
owner of materials
(449, 450, 451)
Bad Faith
- Acquire improvements &
pay indemnity & damages to
B,P,S (454,447)
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AVULSION
1. Accretion is sudden and
abrupt.
2. Accretion can be identified.
3. There is first a detachment
followed by attachment.
4. The ownership is retained by
the owner of the land from which
it is detached.
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Please note . . .
Navigable or floatable river - if useful for floatage and
commerce, whether the tides affect the water or not should
benefit the trade and commerce.
Non-navigable (opposite of Navigable/Floatable)
RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY:
3 Types of Accession:
1. Adjunction
2. Mixture
3. Specification
Art. 466: Whenever two movable things belonging to different
owners are, without bad faith, united in such a way that they
form a single object, the owner of the principal thing acquires
the accessory, indemnifying the former owner thereof for its
value.
Adjunction - the process by virtue of which two movable things
belonging to different owners are united in such a way that they
form a single object. A.k.a. Conjunction.
Kinds of Adjunction:
1. Inclusio or engraftment
2. Soldadura or attachment
3. Tejido or weaving
4. Pintura or painting
5. Escritura or writing
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However, the
owner of the material cannot appropriate the
work in case
the value of the latter, for artistic or
scientific reasons, is considerably more than that of the
material. (Art. 474)
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of
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As to purpose:
As to personality:
As to duration:
As to power of members:
created
by
law,
contract,
succession,
fortuitous event, or
occupancy.
- the common enjoyment of
a thing or the right
owned in common
has
no
juridical
personality which is
separate and distinct
- agreement for it to
exist for 10 years is
valid
- a co-owner has no power
to
represent
the
co-ownership
unless
there is an agreement
As
to
effect
of
disposition of shares:
- if a co-owner transfers
his share to a third
person,
the
latter
automatically becomes a
co-owner
As
to
profits:
division
of
As to effect of death:
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PARTNERSHIP
- always
contract.
created
by
- to obtain profits.
has
personality.
juridical
Kinds of Co-ownership:
a. From the viewpoint of the subject matter:
1. Co-ownership of an undivided thing
2. Co-ownership of an undivided right
b. From the viewpoint of the source:
1. Contractual co-ownership
2. Non-contractual co-ownership
c. From the viewpoint of the rights of the co-owners:
1. Tenancy in common
2. Joint tenancy
Characteristics of Co-ownership:
1. There must be ore than one subject or owner.
2. There is one physical whole divided into ideal shares.
3. Each idea share is definite in amount, but is not physically
segregated from the rest.
4. Regarding the physical whole, each co-owner must respect each
other in the common use, enjoyment or preservation of the
physical whole.
5. Regarding the idel share, each co-owner holds almost absolute
control over the same.
6. It is not a juridical person.
7. A co-owner is in a sense a co-trustee for the other co-owners.
Thus, he may not ordinarily acquire exclusive ownership of the
property held in common through prescription.
CO-OWNERSHIP
CONJUGAL PARTNERSHIP
a. May arise by an ordinary a. Arises only because of the
contract
marriage contract
b. Sex of the
immaterial
co-owners
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Q: Under the Condominium Law, when can the owner of a unit demand
for the partition by sale of the condominium project?
According to Sec. 8 of the Condominium Law, when several persons
own condominiums in a condominium project, an action may be
brought by one or more such persons for partition by sale of
the entire project, as if the owners of all the condominiums
in such project were co-owners of the entire project in the same
proportion as their interests in the common areas: Provided,
however, that a partition shall be made only upon showing:
1. That three (3) years after damage or destruction to the
project which renders a material part thereof unfit for its use
prior thereto, the project has not been rebuilt or repaired
substantially to its state prior to its damage or destruction;
or
2. That damage or destruction to the project has rendered
one-half or more of the units therein untenantable and that
condominium owners holding an aggregate more than 30% interest
in the common areas are opposed to repair or restoration of the
project; or
3. That the project has been in existence in excess of 50 years,
that it is obsolete and uneconomical, and that condominium
owners holding in aggregate more than 50% interest in the common
areas are opposed to repair, restoration or modeling or
modernizing of the project; or
4. That the project or material part thereof has been condemned
or expropriated and that the project is no longer viable, or
that the condominium owners holding in aggregate more than 70%
interest in the common areas are opposed to continuation of of
the condominium regime after expropriation or condemnation of
a material proportion thereof; or
5. That the conditions for such partition by sale set forth in
the declaration of restrictions duly registered in accordance
with the terms of this act have been met.
------------------END OF CONDOMINIUM ACT Q&A-----------------Q: Distinguish between the right of a co-owner to make repairs
for the preservation of the property owned in common, to perform
acts of administration, and to perform acts of ownership or
alteration.
1. With regard to acts of preservation: Repairs for preservation
may be made at the will of one of the co-owners, but he must,
if practicable, first notify the other co-owners of the
necessity for such repairs. (Art. 489)
2. With regard to acts of administration: Acts of administration
can be performed only with the concurrence of the majority of
the co-owners. (Art. 492)
3. With regard to acts of alteration: Acts of alteration can
be performed only with the concurrence of the other co-owners.
(Art. 491)
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1. Extrajudicial
2. Judicial
From the viewpoint of permanence: 1. Provisional or temporary
From the
matter:
viewpoint
of
2. Permanent
subject 1. Partition of real property
in
4. Partition
instrument
in
a
a
public
private
5. Oral partition
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