Professional Documents
Culture Documents
Property Law Reviewer
Property Law Reviewer
Labitag
Page 1 of 49
TABLE OF CONTENTS
I. DEFINITION OF PROPERTY............................................................................3
A. Classification under the Civil Code........................................................................................................... 3
B. By Ownership.......................................................................................................................................... 5
C. Other Classifications................................................................................................................................ 6
II. OWNERSHIP........................................................................................... 8
A. Definition................................................................................................................................................. 8
B. Bundle of Rights included in Ownership................................................................................................... 8
C. Other Specific Rights found in the Civil Code........................................................................................... 8
D. Limitations of Real Right of Ownership.................................................................................................... 9
III. RIGHTS OF ACCESSION............................................................................. 11
A. Concept................................................................................................................................................. 11
B. General Principles of Accession............................................................................................................. 11
C. Obligations of Receiver of Fruits to Pay Expenses by 3 rd person in producti on, gathering and
preservation.................................................................................................................................................. 11
D. Kinds of Accession................................................................................................................................. 12
1. Accession Discreta............................................................................................................................. 12
2. Accession Continua............................................................................................................................ 12
Over Immovables.................................................................................................................................. 12
Over Movables....................................................................................................................................... 14
IV. QUIETING OF TITLE................................................................................. 15
A. Differences between Action to Quiet Title and Action:........................................................................... 15
B. Prescription of Action to Quiet Title........................................................................................................ 15
C. Who are Entitled to Bring Action?.......................................................................................................... 15
D. Notes..................................................................................................................................................... 15
V. CO-OWNERSHIP..................................................................................... 16
A. Definition............................................................................................................................................... 16
B. Characteristics of co-ownership............................................................................................................. 16
C. Differences between Co-ownership and Joint Tenancy........................................................................... 16
D. Differences between Co-ownership and Partnership.............................................................................. 16
E. Source of Co-ownership......................................................................................................................... 16
F.
Rights of each co-owner as to the thing owned in common...................................................................17
G. Implications of co-owners right over his ideal share.............................................................................. 18
H. Rules on co-ownership not applicable to conjugal partnership of gains or absolute community of
property........................................................................................................................................................ 19
I.
Special rules on co-ownership from provisions of Condominium Law (Act No. 4726).............................19
J.
Extinguishment of co-ownership............................................................................................................ 19
VI. POSSESSION........................................................................................ 21
A. Definition and Concept.......................................................................................................................... 21
B. Essential Requisites of Possession......................................................................................................... 21
C. Degrees of Holding of Possession.......................................................................................................... 21
D. Cases of Possession............................................................................................................................... 21
E. What things or rights may be possessed............................................................................................... 22
F.
What may not be possessed by private persons.................................................................................... 22
G. Acquisition of Possession....................................................................................................................... 22
H. Effects of Possession.............................................................................................................................. 23
I.
Effect of possession in the concept of an owner.................................................................................... 24
J.
Presumptions in favor of the possessor................................................................................................. 24
K. Possession may be lost by..................................................................................................................... 25
VII. USUFRUCT......................................................................................... 26
A. Concept................................................................................................................................................. 26
B. Historical considerations........................................................................................................................ 26
C. Characteristics of Usufruct..................................................................................................................... 26
D. Usufruct distinguished from lease; from servitude................................................................................. 26
E. Classes of Usufruct................................................................................................................................ 26
F.
Rights of Usufruct.................................................................................................................................. 27
G. Rights of Naked Owner.......................................................................................................................... 27
H. Obligations of Usufructuary................................................................................................................... 28
I.
Special Cases of Usufruct...................................................................................................................... 29
J.
Extinguishment of Usufruct................................................................................................................... 29
Page 2 of 49
Page 3 of 49
I. DEFINITION OF PROPERTY
PROPERTY
Is an economic concept, meaning a mass of things useful to human activity and which are necessary to
life, for which reason they may be organized and distributed in one way or another, but, always for the
good of the main.
In order that a thing may be considered as property:
o Utility capacity to satisfy human wants
o Individuality or Substantivity an autonomous or separate existence; materials composing a
thing are not thing in themselves.
o Appropriability or susceptibility to appropriation
Lands, buildings, road and constructions of all kinds adhered to the soil.
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
removed without breaking the material or deterioration of the object
4. Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or
on lands by the owner of the immovable in such a manner that it reveals the intention to attach
them permanently to the tenements
5. Machineries, receptacles, instruments and implements intended by the owner of the
tenement for industry or works which may be carried on in a building or on a piece of land, and
which tends directly to meet the needs of the said industry or works
6. Animal houses, pigeon houses, beehives, fish ponds 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 a river, lake or coast
10. Contract for public works and servitudes and other real rights over immovable property
a.
Art 415, Par 1 Land, buildings, road and constructions of all kinds
Art 415, Par 8 Mines, quarries and slag dumps
b.
By Incorporation
415,
415,
415,
415,
Par
Par
Par
Par
d.
By Destination
4
5
6
9
By Analogy
Art 415, Par 10 Contracts for public works, servitudes and other real rights over immovable property
Page 4 of 49
Criminal Law
Form of contracts involving movables or immovables
Prescription
Venue/Jurisdiction
Taxation
Double Sales under Art 1544
Art 1544 If the same thing should have been sold to different vendees, the ownership shall be
transferred to the person who may have first taken possession thereof in good faith, if it should be
IMMOVABLE PROPERTY. (applies to unregistered lands)
For registered lands: Should it be IMMOVABLE PROPERTY, the ownership shall belong to the person
acquiring it who in good faith, first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person who in good faith was first in
the possession; and, in the absence thereof, to the person who presents the oldest title, provided there
is good faith.
Point of comparison
Definition
Elements
REAL RIGHTS
Power belonging to a person over a
specific thing, without a passive
subject individually determined
against whom such right may be
personally exercised
1) Subject and object connected
by a relation of ownership of the
former over the latter
2) A general obligation or duty of
respect for such relation, there
being no particular passive
subject
PERSONAL RIGHTS
Power belonging to one person to
demand to another, as a definite
passive subject, the fulfillment of a
prestation to give, to do or not to do
1) Two subjects: active and passive
(bound to perform prestation
incumbent upon him by reason
of a juridical tie which binds him
to the active subject), who are
determined and specified
2) General obligation on the part of
Page 5 of 49
3) Effective actions recognized by
law to protect such relation
against anyone who may want
to disturb it
Also known as
Number of persons involved in the
juridical relation
Object of the juridical relation
By the manner in which the will of
the active subject affects the thing
related to it
By the causes of creating the
juridical relation
By the methods of extinguishment
of the juridical relation
By the nature of the actions arising
from them
Jus in re
Active subject 1
Passive subject - the rest of the
world without individual
determination
Generally a corporeal thing
Generally affects the thing directly
By title alone
B. Classification by Ownership
1.
Res Nullius does not belong and are not enjoyed by anyone e.g. abandoned property and hidden
treasure
2.
Public Dominion owned by the state but enjoyed by all its citizens
cf. Patrimonial Property of State
Property of State
Art 420 Art 421 Art 422 see above
Page 6 of 49
Private Property
a.
b.
c.
Property
Property
Property
Property
C. Other Classifications
1.
2.
3.
Page 7 of 49
a.
Consumable whose used according to their nature destroys the substance of the thing or causes
their loss to the owner e.g. food
b. Non-consumable not consumed by use
Differentiated from Fungible or Non-fungible
Fungible depends upon possibility (because of their nature or the will of the parties) of being substituted by
others of the same kind, not having distinct individuality; those which belong to the common genus which
includes several species of the same kind, perfectly permitting substitution of one by the others
Non-fungible those which have their own individuality (specifically determined) and do not admit of
substitution
c. Deteriorable or non-deteriorable
4.
5.
By reason of designation
a. Generic indicates its homogenous nature, but not the individual e.g. horse, house, dress
b. Specific indicates the specie or its nature and the individual e.g. white horse of X or house No. 20
at Y Street
6.
7.
8.
9.
Page 8 of 49
II. OWNERSHIP
A. Definition
OWNERSHIP
J. B. L. Reyes: It is independent right of exclusive enjoyment and control of a thing for the
purpose of deriving therefrom all the advantages required by the:
o Reasonable needs of the owner (or holder of the right) and
o Promotion of the general welfare
But subject to the restrictions imposed by:
o Law
o Rights of others
Scialoja: It is a relation in private law by virtue of which is a thing (or property right) pertaining to
one person is completely subjected to his will in everything not prohibited by public law or the
concurrence with the rights of another
o Sir actually prefers this definition
Jus Utendi right to use and enjoy the property without destroying its substance
Jus Abutendi right to use and enjoy by consuming the thing by its use
Jus Fruendi right to receive the fruits
Jus Disponendi right to dispose or the power of the owner to alienate, encumber, transform and even
destroy the thing owned
Jus Vindicandi right to recover a thing
2.
3.
4.
5.
Page 9 of 49
Art 437
6.
Right to accession
Art 440 The ownership of property gives the right by accession to:
o Everything which is produced thereby (accession discreta)
o Incorporated or attached thereto, either naturally or artificially (accession continua)
7.
1) Replevin
b.
Prove his right of ownership rely on the strength of his evidence not on the weakness
of defendants
PEREZ v MENDOZA (1975)
DIZON v CA (1993)
D. Limitations of Real Right of Ownership
1.
General Limitation
a. Police power salus populi suprema est lex
Art 436 When any property is condemned or seized by competent authority in the interest of
health, safety or security, the owner thereof shall not be entitled to compensation, UNLESS he
can show that such condemnation or seizure is unjustified.
b. Taxation
c. Eminent domain
Art 435
2.
Specific Limitation
a. Legal servitudes
b. Limitations imposed by party transmitting the property
i. By contract or last will or donation
ii. Stipulation on inalienability
3.
Page 10 of 49
Art 431 The owner of a thing cannot make use thereof in such manner as to injure the rights of a
third person.
Sis utere tuo ut alienum no laedas
Art 432 The owner of a thing has no right to prohibit the interference of another with the same, if
the interference is necessary to avert an imminent danger and threatened damage, compared to the
damage arising to the owner from the interference is much greater. The owner may demand from the
person benefited indemnity for the damage to him
Act in state of necessity
Art 2191 Proprietors shall also be responsible for damages caused:
(1) By the explosion of machinery which has not been taken care of with due diligence, and the
inflammation of explosive substances which have not been kept in a safe and adequate place
(2) By excessive smoke, which may be harmful to persons or property
(3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure
(4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without
precautions suitable to the place
Art 670 Distances for windows, apertures, balconies or other similar projection which afford direct and
oblique views
Art 677 Constructions near fortified places or fortresses
Art 678 Building of aqueduct, well, sewer, furnace, chimney, stable, depository of corrosive
substances, machinery or factory
Art 679 Planting of trees near a tenement
Art 649 Easement of right of way
Art 652 Acquisition of piece of land without right of way
Art 637 Receipt of lower estates of waters which naturally descend from higher estates
Art 676 Easement of drainage
Art 644 Limitations on the imposition of easement of aqueduct
Art 684-687 Lateral and subjacent support
US v CAUSBY ( )
LUNOD v MENESES ( )
Page 11 of 49
Tolentino: Right by virtue of which the owner of a thing becomes the owner of everything that the thing
may produce or which may be inseparably united or incorporated thereto, either naturally or
principally.
2.
3.
Whatever is built, planted or sown on the land of another and the improvements or
repairs made thereon, belongs to the owner of the land, subject to the provisions of the
following articles. Art 445
All works, sowing and planting are presumed made by owner and at his expense, unless
the contrary is proved. Art 446
Accessory is incorporated to principal only when cannot be separated without injury to the
work constructed or destruction to plantings, construction or works. 2nd phrase, Art 447
Bad faith involves liability for damages and other dire consequences.
Bad faith of one party neutralizes bad faith of the other. Art 453
Ownership of fruits To owner of principal thing belongs the NATURAL, INDUSTRIAL and CIVIL
fruits Art 441
EXCEPTIONS:
iii. Possession in good faith
iv. In usufruct
v. In lease (although civil fruits go to the owner)
vi. In antichresis
C. Obligations of Receiver of Fruits to Pay Expenses by 3rd person in production, gathering and
preservation
Art 443 He who receives the fruit has the obligation to pay the expenses made by a third person in their
production, gathering and preservation.
BASIS: no one may unjustly enrich himself at the expense of another
Characteristics of expenses covered:
o Dedicated to the annual production and not for the improvement of the property
o They must not be unnecessary, excessive or for pure luxury, but must be of such an amount
naturally required by the condition of the work cultivation made
Even if expenses exceed the value of fruits, owner must pay expenses just the same, because the law
makes no distinction. He who is entitled to the benefits must bear the rishk and losses.
Page 12 of 49
WHAT MAY JUSTIFY NON-PAYMENT OF FRUITS: Owner may permit possessor to complete the harvesting
of fruits
Fruits not yet gathered and possessor is in bad faith: owner need not pay (Art 449)
Fruits already gathered: owner has to pay, accession continua does not apply because fruits have
already been separated from the immovable. This provision makes no distinction as to good faith and
baith faith.
D. Kinds of Accession
1. Accession Discreta (Fruits)
Art 440 The ownership of property gives the right by accession to:
o everything which is produced (accession discreta)
o incorporated or attached thereto, either naturally or artificially (accession continua)
a.
b.
c.
Natural products of the soil in whose generation human labor does not intervene
Industrial if it implies some kind of cultivation or labor
Civil rents of lands and buildings, and certain kinds of incomes obtained from the land or building itself
BACHRACH v SEIFERT ( )
BACHRACH v TALISAY ( )
2. Accession Continua
Over Immovables
1. Artificial or Industrial Building, Planting, Sowing
a. Owner is BPS using material of another (LO-BPS and OM)
Art 447 The LO who makes thereon, personally or through another, plantings constructions, or works with
the materials of another, shall pay their value and if he acted in bad faith, he shall also be obliged to the
reparation of the damages. The OM shall have the right to remove them only in case he can do so without
injury to the work constructed, or without the plantings, constructions or work being destroyed. However, if
the LO acted in bad faith, the OM may remove them in any event, with a right to be indemnified for
damages.
b.
LO in good faith
Acquire BPS by paying the value of materials
LO in bad faith
BPS builds, plants or sows on anothers land using his own material (LO and BPS-MM)
Art 448 The
Art 449 The
Art 450 The
Art 451 The
Art 452 The
Art 453 The
Art 454 The
i.
Page 13 of 49
BP may refuse if value of land considerably more than BP; then forced lease by LO and
BP
c.
BPS builds, plants or sows on anothers land with materials owned by 3 rd persons
Art 455 The
N.B.: Good faith does not exclude negligence
Art 456 The
BERNARDO v BATACLAN ( )
IGNACIO v HILARIO ( )
SARMIENTO v AGANA ( )
DEPRA v DUMLAO ( )
TECHNOGAS PHIL v CA ( )
ORTIZ v KAYANAN ( )
GEMINIANO v CA ( )
PLEASANTVILLE DEVT CORP v CA ( )
FELICES v IRIOLA ( )
SPOUSES NUGUID v CA (1993)
SPOUSES NUGUID v CA (2005)
2. Natural (Accession Continua Natural)
a.
Alluvium
Art 457 To the owners of lands adjoining the banks of rivers belong the accretion which they gradually
receive from the effects of the current of the waters.
REQUISITES FOR LAND ACCRETION TO TAKE PLACE FOR THE BENEFIT OF THE RIPARIAN OWNER
(1) Deposit be gradual and imperceptible - exclusive work of nature
(2) Made through the effects of the current of the water
(3) The land where accretion takes place is adjacent to the banks of the river
Banks of a river lateral strips or zones of its bend which are washed by the stream only during such
high floods as do not cause inundations or to the point reached by the river at high tide
When is alluvion formed? When the deposit of sediment has reached a level higher than the highest
level of water during the year.
Alluvion belongs to riparian owner from the time that the deposit created by the current of the water
becomes manifest
REPUBLIC v CA ( )
GRANDE v CA ( )
MENESES ( )
b.
Avulsion
Art 459 Whenever the current of a river, creek or torrent segregates from an estate on its bank a known
portion of land and transfers it to another estate, the owner of the land to which the segregated portion
belonged retains ownership of it, provided that he removes the same within 2 years.
NAVARRO ( )
BAES v CA ( )
BINALAY v MANALO
d.
Formation of Islands
Art 461 The
Art 462 The
Art 463 The
Art 464 The
Art 465 The
See PD 1067
3. Reverse Accession
Art 120, FC The
Art 321, CC The
Over Movables
1. Conjunction and Adjunction
a.
Inclusion or Engraftment
b.
Soldadura or Soldering
i.
Plumbatura different metals
ii.
Ferruminatio same metal
c.
Tejido or Weaving
d.
Escritura or Writing
e.
Pintura or Painting
2. Commixtion and Confusion
Page 14 of 49
Page 15 of 49
OLVIGA v CA (1993)
PINGOL v CA (1993)
C. Who are Entitled to Bring Action?
Rule 64, Sec. 1, Par 2, Rules of Court The
D. Notes
1.
2.
3.
4.
TITONG v CA (1998)
Page 16 of 49
Page 17 of 49
V. CO-OWNERSHIP
A. Definition
CO-OWNERSHIP
The right of common dominion which two or more persons have a spiritual part (or ideal portion) or a
thing which is not physically divided.
B. Characteristics of co-ownership
1.
2.
3.
4.
PARDELL v BARTOLOME ( )
C. Differences between Co-ownership and Joint Tenancy
Co-ownership
Joint Tenancy
Law
i.
Cohabitation
Art 147, FC
Art 148, FC
Art 90
ii.
Purchase
Art 1452
iii.
Succession
Intestate: Art 1452
Testate: Property is given to 2 or more heirs
iv.
Donation
Art 753
Art 573, 2nd Par
v.
Chance
Art 472
Hidden treasure
Art 348
Partnership
viii.
Occupation
Page 18 of 49
Condominium Law
Sec 6 (c), RA 4726
Contracts
a.
By agreement
Duration of co-ownership: Art 494
b.
Universal partnership
Art 1778
Art 1779
Art 1780
c.
F.
1.
To use the thing according to the purpose intended may be altered by agreement, express or implied,
provided:
a. It is without injury or prejudice to interest of co-ownership and;
b. Without preventing the use of other co-owners
Art 486
PARDELL v BARTOLOME ( )
2.
To share in the benefits in proportion to his interest, provided the charges are borne by each in the same
proportion
Art 485
3.
RESUENA v CA (2005)
ACABAL v ACABAL (2005)
4.
5.
Co-owners option not to contribute by waiving his undivided interest equal to amount of
contribution dacion en pago
Exception: if waiver is prejudicial to co-ownership
Requisites before repairs for preservation may be made or expenses for embellishment or
improvement may be made
Art 489
Effects of failure to notify co-owners
Page 19 of 49
Art 491
ACTS OF ALTERATION
a.
Concept
Any change injurious to the thing owned in common or to the rights of other co-owners or
Any change material to the use, destination or state of thing which act is in violation of the
express or tacit agreement of the co-owners
b.
c.
Acts of Administration
LAVADIA v COSME ()
MELENCIO v DY TIAO LAY ()
TUASON v TUASON ()
7.
MARIANO v CA ()
VERDAD v CA ()
8.
RAMIREZ v RAMIREZ ()
AGUILAR v CA (1993)
VDA DE APE v CA (2005)
9.
HALILI v CA (1998)
FRANCISCO v BOISER (2000)
G. Implications of co-owners right over his ideal share
1.
2.
Page 20 of 49
Transferee does not acquire any specific portion of whole property until partition
Creditors of co-owners may intervene in partition or attack the same if prejudicial
Art 499
EXCEPT that creditors cannot ask for rescission even if not notified in the absence of fraud
Art 497
CARVAJAL v CA ()
PAMPLONA v MORETO ()
CASTRO v ATIENZA ()
ESTOQUE v PAJIMULA ()
DIVERSIFIED CREDIT v ROSADO ()
PNB v CA ()
H. Rules on co-ownership not applicable to conjugal partnership of gains or absolute community
of property
I.
1.
Concept of Condominium
2.
3.
Extinguishment of co-ownership
1.
2.
3.
Acquisitive prescription
a.
b.
By a third person
By one co-owner as against the other co-owners
Partition or division
a.
ii.
iii.
iv.
Page 21 of 49
When partition would render the thing unserviceable (but the thing may be sold and co-owners
divide the proceeds)
Art 494
b.
Effect of partition
Art 1091
Art 543
Art 1092
Art 1093
Art 499
Art 500
Art 501
c.
d.
Page 22 of 49
VI. POSSESSION
A. Definition and Concept
POSSESSION
Is the holding of a thing OR the enjoyment of a right, whether by material occupation or by the fact
that the thing or the right is subjected to the action of our will
It is a real right independent of and apart from ownership i.e. the right of possession (jus possessionis)
as distinguished from the right to possess (jus possidendi)
Mere holding or possession without title whatsoever and in violation of the right of the owner
E.g. possession of a thief/robber or a usurper of land
2.
This degree of possession will never ripen into full ownership as long as there is no repudiation
of concept under which property is held.
3.
Possession with a just title or title sufficient to transfer ownership, but not from the true owner
E.g. possession of a vendee from vendor who pretends to be the owner
4.
The delivery of possession transfers ownership, and strictly speaking, is the jus possidendi.
D. Cases of Possession
1.
Possession for oneself or possession exercised in ones own name and possession in the name of
another
Art 524
2.
Possession in the concept of an owner and possession in the concept of a mere holder with the
ownership belonging to another
Art 525
3.
Page 23 of 49
1.
Res Communes
2.
3.
G. Acquisition of Possession
1.
b.
c.
Includes traditio longa manu and tradition simbolica, donations, succession (testate or
intestate), contracts, judicial writs of possession, writ of execution of judgments, execution and
registration of public instruments
b.
By same person
ELEMENTS OF PERSONAL ACQUISITION
1. Capacity to acquire possession
2. Intention to possess
3. Possibility of acquiring possession
By his legal representatives
REQUISITES
c.
By his agent
d.
By any person without any power whatsoever but subject to ratification, without prejudice to the
proper case of negotiorum gestio
Art 2144
Art 4129
Art 2150
Page 24 of 49
c.
CUAYCONG v BENEDICTO ()
ASTUDILLO v PHHC ()
PERAN v CFI ()
4.
H. Effects of Possession
1.
In general, every possessor has a right to be respected in his possession; if disturbed therein,
possessor has right to be protected in or restored to said possession
Art 539
a.
i.
YU v HONRADO ( )
ii.
iii.
iv.
b.
2.
3.
Page 25 of 49
Possession of movable acquired in good faith (in concept of owner) is equivalent to title
Art 559
I.
1.
Possession may by lapse of time ripen into full ownership, subject to certain exceptions.
2.
3.
Possessor may bring all actions necessary to protect his possession except accion reivindicatoria
4.
5.
Possessor may ask for inscription of such real right of possession in the Registry of Property
6.
Has rights to fruits and reimbursements for expenses (assuming he is a possessor in good faith)
7.
Upon recovery of possession which he has been unlawfully deprived, may demand fruits and damages
8.
Generally, he can do on the things possessed everything that the law authorizes the owner to do until he is
ousted by the one who has a better right
9.
J.
1.
2.
Of continuity of initial good faith in which possession was commenced or possession in good faith does
not lose his character except in the case and from the moment possessor became aware or is not unaware
of improper or wrongful possession
Art 528
CORDERO v CABRAL ( )
3.
Of enjoyment of possession in the same character in which possession was acquired until contrary is
proved
Art 529
4.
Page 26 of 49
5.
Of continuous possession or non-interruption of possession of which he was wrongfully deprived for all
purposes favorable to him
Art 561
6.
Abandonment
Assignment, either onerous or gratuitous
Destruction or total loss of thing or it goes out of commerce
Possession by another; if possession has lasted longer than one year; real right of possession not lost until
after 10 years
Page 27 of 49
VII. USUFRUCT
A. Concept
Art 562
USUFRUCT
Is a real right, temporary in character that authorizes the holder to enjoy all the advantages derived
from a normal exploitation of anothers property, according to its destination or purpose, and imposes
an obligation of restoring at the time specified, either the thing itself or its equivalent.
B. Historical Considerations
C. Characteristics of Usufruct
D. Usufruct Distinguished from Lease; from Servitude
Usufruct
Lease
Usufruct
Servitude
E. Classes of Usufruct
1.
By origin
a.
b.
c.
2.
3.
Simple
Multiple
i.
Simultaneous
ii.
Succession
Limitation on successive usufruct
Art 756
Art 863
Art 869
By object of usufruct
a.
b.
4.
Voluntary
Legal
Art 321
Art 226, FC
Mixed
Rights
Art 574
Things
i.
Normal
ii.
Abnormal, irregular or quasi-usufruct
As to the fruits
i. Total
Partial
Art 598
b.
As to object
i. Singular
ii. Universal
Art 595
Subject to provisions of:
Art 758
Art 759
5.
Pure
Conditional
With a term (period)
F.
Rights of Usufructuary
1.
Right to possess and enjoy the thing itself, its fruits and accessions
Civil fruits
Art 569
Art 588
b.
Limitations
Liability of usufructuary
Art 590
FABIE v DAVID ()
c.
2.
Page 28 of 49
Page 29 of 49
H. Obligations of Usufructuary
1.
To make inventory
Art 583
i.
REQUISITES OF INVENTORY
1) Immovables described
2) Movables appraised
ii.
b.
2.
ii.
iii.
b.
c.
Page 30 of 49
BD. OF ASSESSMENT APPEALS OF ZAMBOANGA DEL SUR v SAMAR MINING COMPANY INC ()
3.
e.
f.
g.
To deliver the thing in usufruct to the owner in the condition in which he has received it, after
undertaking ordinary repairs
EXCEPTION: abnormal usufruct
I.
1.
2.
3.
4.
5.
6.
7.
8.
9.
J.
Extinguishment of Usufruct
Art 603
1.
Death of usufructuary
EXCEPTION: unless a contrary intention clearly appeals
2.
Expiration of period or fulfillment of resolutory condition imposed on usufruct by person constituting the
usufruct
Time may elapse before a third person attains a certain age, even if the latter dies before period
expires unless granted only in consideration of his existence
Page 31 of 49
Art 606
BALURAN v NAVARRO ()
NHA v CA ()
BULACAN GARDEN CORP v MANILA SEEDLING BANK ()
3.
4.
Renunciation of usufruct
a. Limitations
b. Must be express
c. If made in fraud of creditors, waiver may be rescinded by them through action under Art 1381
5.
b.
2.
3.
6.
7.
Prescription
Cases covered:
a. If third party acquires ownership of thing or property in usufruct
b. Right of ownership lost through prescription
c. Right of usufruct not began within prescriptive period
d. If there is a tacit abandonment or non-user of thing held in usufruct for required period
8.
b.
Page 32 of 49
Page 33 of 49
Is a real right which burdens a thing with a prestation consisting of determinate servitudes for the
exclusive enjoyment of a person who is not its owner or of a tenement belonging to another,
Is the real right over an immovable by nature i.e. land and buildings, by virtue of which the owner of
the same has to abstain from doing or to allow somebody else to do something in his property for the
benefit of another thing or person.
It is a real right, i.e. it gives an action in rem or real action against any possessor of servient estate.
2.
It is a right enjoyed over another property (jus in re aliena or a right in the property of another) i.e. it
cannot exist in ones own property (nemini nulli res sua servit or no one can have servitude on a property
of his own).
3.
It is a right constituted over an immovable by nature (land and buildings), not over immovables.
4.
It limits the servient owners right of ownership for the benefit of the dominant estate Right of limited
use, but no right to possess servient estate. Being an abnormal limitation of ownership, it cannot be
presumed.
5.
6.
It cannot consists in requiring the owner of the servient estate to do an act (servitus in faciendo consistere
nequit or servitudes may not impose positive acts) unless the act is accessory to a praedial servitude
(obligation propter rem)
7.
Generally, it may consist in the owner of the dominant estate demanding that the owner of the servient
estate refrain from doing something (servitus in non faciendo), or that the latter permit that
something be done over the servient property (servitus in patendo), but not in the right to demand that
the owner of the servient estate to do something (servitus in faciendo) EXCEPT if such act is an
accessory obligation to a praedial servitude (obligation propter rem)
9.
It is intransmissible, i.e. it cannot be alienated separately from the tenement affected, or benefited.
10. It is indivisible.
Art 616
11. It has permanence, i.e. once it attaches, whether used or not, it continues and may be used anytime.
C. Classification of Servitudes
1.
As to recipient of benefits
a.
b.
Real or Praedial
Personal
N.B.: Under Roman Law, usufruct together with usus habitatio, and operae servorum were classified as
personal servitude]
Art 614
As to course or origin
a.
b.
3.
Continuous
Discontinuous
5.
Legal, whether for public use or for the interest of private persons
Art 634
Voluntary
As to its exercise
Art 615
a.
b.
4.
Page 34 of 49
Apparent
Non-apparent
Positive
Negative
No one can have a servitude over his own property (nulli res sua servit)
A servitude cannot consist in doing (servitus in faciendo consistere nequit)
There cannot be a servitude over another servitude (servitus servitudes esse non potest)
A servitude must be exercised civiliter, i.e. in a way least burdensome to the owner of the land.
A servitude must have a perpetual cause.
By title
Juridical act which give rise to the servitude e.g. law, donations, contracts or wills
If easement has been acquired but no proof of existence of easement available, and easement is one
that cannot be acquired by prescription, then
i.
May be cured by deed of recognition by owner of servient estate
ii.
By final judgment
iii.
Existence of an apparent sign considered a title
Art 624
AMOR v FLORENTINO ()
2.
By prescription
RONQUILLO v ROCO ()
F.
Dominant Estate
1.
b.
c.
Page 35 of 49
Art 626
To exercise all rights necessary for the use of the easement
Art 625
To do, at his expense, all necessary works for the use and preservation of the easement
Art 627
In a right of way, to ask for change in width of easement sufficient for needs of dominant estate
Art 651
DE LUNA v ENCARNACION ()
2.
To use the easement for benefit of immovable and in the manner originally established
Art 626
To notify owner of servient estate before making repairs and to make repairs in a manner least
inconvenient to servient estate
Art 627
Not to alter easement or render it more burdensome
Art 627
To contribute to expenses of works necessary for use and preservation of servitude, if there are
several dominant estates, unless he renounces his interest
Art 628
Servient Estate
3.
4.
b.
b.
Merger in the same person of the ownership of the dominant and servient estates
2.
3.
4.
Page 36 of 49
5.
6.
7.
H. Legal Easements
1.
2.
b.
649
650
651
652
653
654
655
656
657
QUIMEN v CA (1996)
CHAN v CA ()
LA VISTA ASSN v CA (1997)
VDA. DE BELTAZAr v CA ()
SPS. DELA CRUZ v RAMISCAL (2005)
c)
Art
Art
Art
Art
Art
Art
Art
Art
Art
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
Art
Art
Art
Art
Art
677
678
679
680
681
684
685
686
687
Page 37 of 49
Page 38 of 49
MODE
The specific cause which produces dominion and other real rights as a result of the co-existence of
special status of things, capacity and intention of persons and fulfillment of requisites of law
Proximate cause
TITLE
Every juridical right which gives a means to the acquisition of real rights but which in itself is
insufficient
Remote cause
Which produce the acquisition of ownership independent of any pre-existing right of another person,
hence, free from any burdens or encumbrances
a.
b.
Occupation
Intellectual creation
DERIVATIVE MODES
Based on a right previously held by another person and therefore, subject to the same characteristics,
powers, burden etc as when held by previous owner
Law - e.g.
o Registration under Act 496
o Estoppel of title
Art 1434
o Marriage under ACP
o Hidden treasure
o Accession
Art 445
o Change in rivers course
Art 461
o Accession continua over movables
Art 466
Art 6681
Art 1456
Art 120
a)
b)
c)
d)
Donation
Succession
Prescription
Tradition
REQUISITES:
(1) Pre-existence of right in estate of grantor
(2) Just cause or title for the transmission
(3) Intention (of both grantor and grantee)
(4) Capacity (to transmit and to acquire)
(5) An act giving it outward form, physically, symbolically or legally
Page 39 of 49
LEGAL MAXIM: Non nudis pactis, sed traditione, dominia rerum transferentur (Not by mere agreement, but
by delivery, is ownership transferred.)
KINDS OF TRADITION
b.
c.
Real tradition
Constructive tradition
i. Symbolical delivery
ii. Delivery of public instrument
iii. Traditio longamanu
iv. Traditio brevi manu
v. Traditio constitutum possessorium
vi. Quasi-tradition
vii. Tradition by operation of law
Occupation
a.
b.
c.
d.
e.
Hidden treasure
Art 718
Art 438
Art 439
f.
Lost movables
Art 719
Art 720
Procedure after finding lost movables
Intellectual creation
Intellectual Property Code (RA 8293)
Intellectual Property Rights (IPR):
a. Copyright & related rights
b. Trademarks & service marks
c. Geographic indications
d. Industrial designs
e. Patents
f. Topographies of integrated circuits
g. Rights of performers, producers of sound recordings & broadcasting orgs
h. Protection of undisclosed information
i. Laws repealed by the IPC
Sec 239 All acts and part of acts inconsistent with Intellectual Property Code, particularly:
RA 166, as amended
Page 40 of 49
DONATION
Nature of donation
Requisites of donation
a.
b.
c.
d.
NOTE
Kinds of donation
1.
2.
As to
a.
b.
c.
3.
As to effectivity or extinguishment
a. Pure
b. Conditional
Art 730
Art 731
EFFECT OF AN IMPOSSIBLE CONDITION:
c. With a term
4.
Importance of classification
a. As to form
b. As to governing rules
c. As to impossible conditions
Art 727
Art 1183
5.
cause or consideration
Simple
Remuneratory
Onerous imposes a burden inferior to the value of property donated
i. Improper burden equal in value to property donated
ii. Sub-modo or modal E.g. imposes a prestation upon donee as to how property
donated will be applied
Art 882
iii. Mixed donations negotium mixtum cum donatione e.g. sale for price lower than value
of property
Page 41 of 49
735
737
738
741
742
736
739
1027
1032
740
743
744
Acceptance of donation
1.
2.
Time of acceptance
a. of donation inter vivos
Art 746
b. of donation mortis causa
Form of donations
1.
Personal property
Art 748
2.
Real property
Art 749
3.
PROVIDED, he reserves in full ownership or usufruct, sufficient means for support of himself and all
relatives entitled to be supported by donor at the time of acceptance
Page 42 of 49
Art 750
b.
PROVIDED, that no person may give or receive, by way of donation, more than he may give or
receive by will
Art 752
Also, reserves property sufficient to pay donors debts contracted before donation, otherwise,
donation is in fraud of creditors
Art 759
Art 1387
2.
If donation exceeds the disposable or free portion of his estate, donation is inofficious
EXCEPTIONS
3.
a.
Donations provided for in marriage settlements between future spouses not more than 1/5
of present property
Art 84, FC
Art 130, CC
b.
Future property
Art 751 Anything which donor cannot dispose of at the time of donation
EXCEPTION
Marriage settlements of future spouses only in event of death to extent laid down in CC re:
testamentary succession
Art 84, FC
Art 130 CC
Effect of donation
A.
In general
2.
3.
Donor not obliged to warrant things donated, EXCEPT in onerous donations in which case donor is
liable for eviction up to the extent of burden
Art 754
4.
Donor is liable for eviction or hidden defects in case of bad faith on his part
Art 754
5.
In donations propter nuptias, donor must release property donated from mortgages and other
encumbrances, unless contrary has been stipulated
Art 131, CC
6.
Page 43 of 49
B. Special provisions
1.
2.
3.
4.
5.
Reservation by donor of power to dispose (in whole or in part) or to encumber property donated
Art 755
Donation of naked ownership to one donee and usufruct to another
Art 756
Conventional reversion in favor of donor or other person
Art 757
Payment of donors debt
Art 758
a. If expressly stipulated
o Donee to pay only debts contracted before the donation, UNLESS specified otherwise
o But in no case shall donee be responsible for debts exceeding the value of property donated,
UNLESS clearly intended
b. If there is no stipulation
o Donee answerable only for donors debt only in case of donation is in fraud of creditors
Illegal or impossible conditions
Art 727
Art 1183
Reduction
B. Causes of Reduction/Revocation
1.
2.
Inofficiousness of donation
Art 752
Art 771
Art 773
Art 911
Art 912
a.
b.
C. Revocation only
1.
Ingratitude
a.
Causes
Art 765
b.
c.
d.
Effect of revocation
On alienation and mortgages
Art 766
Violation of condition
a.
Prescription of action
b.
Transmissibility of action
4.
Effect as to fruits
Art 768
Page 44 of 49
Page 45 of 49
LEASE
A. General characteristics of every lease
1.
2.
3.
Temporary duration
Onerous
Price is fixed according to contract duration
B. Kinds of leases
1.
2.
3.
Lease of services
a.
Household service
b.
c.
Page 46 of 49
1737
1738
1739
1740
1741
1742
1743
1744
1745
1746
1747
1748
1749
1750
1751
1752
1753
1754
1755
1756
1757
1758
1759
1760
1761
1762
1763
C. Lease of things
1.
Concept
Art 1643
2.
3.
4.
5.
6.
Assignment of lease
Art 1649
7.
Sublease
Art 1650
Page 47 of 49
8.
9.
a.
b.
Obligations of a lessor
Art 1654
Art 1661
b.
Obligations of lessee
Art 1657
Art 1662
Art 1663
Art 1665
Art 1668
Art 1667
c.
d.
e.
Lessor not obliged to answer for mere act of trespass by a 3rd person
Art 1664
10. Right to ask for writ of preliminary mandatory injunction in unlawful detainer cases
Art 1674
Art 539, Par 2
11. Implied extension of lease
Art 1670
Art 1682
Art 1687
Art 1675
12. Right of purchase of leased land
Art 1676
Art 1677
13. Useful improvements in good faith made by lessee
Art 1678
14. Special provisions for leases of rural lands
Art 1680
Art 1681
Art 1682
Art 1683
Art 1684
Art 1685
15. Special provisions for leases of urban lands
Art 1686
Page 48 of 49
Page 49 of 49