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PROPERTY - All things which are, or may be, the
object of appropriation (Art. 414, NCC)
Thing and Property Distinguished
THING PROPERTY
includes both things which are
appropriable and non- susceptible of
appropriable objects appropriation and
which are already
possessed and found
in the possession of
man
Note: Strictly speaking, thing is NOT
synonymous with property. HOWEVER, the
New Civil Code uses these terms
interchangeably.
Requisites/Characteristics: (USA)
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 (Reyes-Puno, p.1)
CLASSIFICATION OF PROPERTY
Kinds of Properties:
1. Immovable or real (Art. 415)
2. Movable or personal (Arts. 416, 417)
The human body, whether alive or dead, is
neither real nor personal property, for it is not
even property at all, in that it generally cannot
be appropriated. Under certain conditions, the
body of a person or parts thereof may be the
subject matter of a transaction (See RA No.
349, RA No. 7170, RA No. 7719).
Parties to a contract may treat as personal
property that which by nature is real property;
and it is a familiar phenomenon to see things
classed as real property for purposes of
taxation which on general principle might be
considered personal property (Standard Oil
Co. vs. Jaranillo GR No. 20329, March 16,
1923).
IMMOVABLE PROPERTIES
Categories: (NIDA)
1. Real by nature it cannot be carried from
place to place (pars. 1 & 8, Art. 415)
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2. Real by incorporation attached to an
immovable in a fixed manner to be an integral
part thereof (pars. 13 Art. 415)
3. Real by destination placed in an immovable
for the utility it gives to the activity carried
thereon (pars. 47 and 9 Art. 415)
4. Real by analogy it is so classified by
express provision of law (par. 10, Art. 415)
Types of Immovable Properties (Art. 415)
1. Land, buildings, roads and constructions
of all kinds adhered to the soil
Where a building is sold to be demolished
immediately, it is to be regarded as
movable because the subject matter of
the contract is really the materials thereof.
Buildings are immovables by
incorporation. Hence, their adherence to
the land must be permanent and
substantial. Portable structures are not
immovables.
A building is an immovable even if not
erected by the owner of the land. The
only criterion is union or incorporation
with the soil. (Ladera vs. Hodges CA-GR
No. 8027-R, September 23, 1952).
a) A building is real property thus,
its sale as annotated in the
Chattel Mortgage Registry
cannot be given the legal effect
of registration in the Registry of Real
Property (Leung Yee vs. Strong
Machinery Co. GR No. L-11658 February
15, 1918).
2. Trees, plants, and growing fruits
When trees are cut or uprooted,
incorporation ceases and they become
movables; timber is still integral part of an
immovable property when it constitutes
the natural product of the latter.
For purposes of attachment, execution,
and the Chattel Mortgage Law, growing
crops have the nature of personal
property (Sibal vs. Valdez GR No. L-
27352, August 4, 1927).
3. Everything attached to an immovable in a
fixed manner
The attachment need not be made by the
owner.
 43 |2009 CENTRALIZED BAR OPERATIONS
The breakage or injury, in case of
separation, must be substantial.
The fact that the machineries were bolted
or cemented on real property mortgaged
does not make them ipso facto
immovable under Art. 415 (3) and (5) as
the parties intent has to be looked into.
Even if the properties appear to be
immovable by nature, nothing prohibits
the parties from treating them as chattels
to secure an obligation under the principle
of estoppel (Tsai vs. CA, GR No. 120098,
October 2, 2001).
4. Statues, reliefs, paintings, or other objects
for use or ornamentation
Requisites:
a. Placed by the owner or by a tenant as
agent of the owner
b. With the intention of attaching them
permanently, even if adherence will not
involve breakage or injury
5. Machinery, receptacles, instruments, or
implements for an industry or works
Requisites:
a. The machinery, etc. must be placed by
the owner of the tenement or his agent
b. The industry or works must be carried on
in a building or on a piece of land
c. The machinery, etc. must tend directly to
meet the needs of the said industry or
works
Movable equipments, to be immobilized in
contemplation of law, must be essential and
principal elements of an industry or works
(Mindanao Bus Co. vs. City Assessor and
Treasurer GR No. L-17870, September 29,
1962).
Machinery, movable in nature, becomes
immobilized when placed on a plant by the
owner of the property but not so when placed
by a tenant, usufructuary or a person having
only a temporary right unless such person
acted as agent of the owner (Davao Sawmill
Co. vs. Castillo GR No. 40411, August 7,
1935).
There are 2 views on the effect of the temporary
separation of movables from the immovables to
which they are attached:
a. They continue to be regarded as
immovables.
b. Fact of separation determines the
condition of the object (supported by
Paras and Tolentino)
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San Beda College of Law
If the machine is still in the building, but is no
longer used in the industry, the machine
reverts to the condition of a chattel. On the
other hand, if still needed for the industry, but
separated from the tenement temporarily, the
property continues to be an immovable
(Paras, p.20).
6. Animal houses, pigeon houses, beehives,
fish ponds, etc.
Requisites:
a. Placed by the owner, or by a tenant as
agent of the owner, with the intention of
permanent attachment
b. Forms a permanent part of the
immovable
7. Fertilizer
Actually used means that it has been
spread over the land.
8. Mines, quarries and slag dumps
They are considered as realty only if the
matter remains unsevered from the soil.
Once severed, they become personalty.
9. Docks and Structures
Vessels are considered personal property
under the Civil Law as well as under the
common law, although occasionally
referred to as a peculiar kind of personal
property. (Phil. Refining Co., Inc. vs. Jarque
GR No. 41506, March 25, 1935).
10. Contracts for Public works, and servitudes
and other real rights
A personal right is always regarded as
personal property. The exception is in the
case of contracts for public works which
are considered as real property.
MOVABLE PROPERTIES
Tests:
1. By exclusion: all not included in Art. 415
2. By description: an object is movable if:
a. It can be transported from place to place;
b. Without substantial injury to the
immovable to which it is attached.
3. Real Property considered as personal
property by special provision of law.
Kinds of Movable Properties (ASFTOS):
1. Those movables susceptible of appropriation
which are not included in the preceding article
2. Real property which by any special provision
of law is considered personalty
3. Forces of nature which are brought under
control by science
4. In general, all things which can be
transported from place to place without
 San Beda College of Law
impairment of the real property to which they
are fixed (Art. 416)
5. Obligations and actions which have for their
object movables or demandable sums
6. Shares of agricultural, commercial and
industrial entities, although they may have
real estate (Art. 417)
Classifications of Movables:
1. By Nature:
a. Consumable - cannot be used according
to its nature without it being consumed.
b. Non-consumable - any other kind of
movable property (Art. 418).
2. By Intention:
a. Fungible - replaceable by an equal quality
and quantity, either by nature of things or
agreement.
b. Non-fungibles - irreplaceable because
identical objects must be returned.
Note: The New Civil Code, in many instances,
uses the terms consumable and fungible
interchangeably.
PROPERTY IN RELATION TO WHOM IT
BELONGS (Arts. 419425)
Property is either of:
1. public dominion
2. private ownership
I. Property of Public Dominion
Concept: It does not import the idea of
ownership. It is not owned by the state but simply
under its jurisdiction and administration for the
collective enjoyment of people. The ownership of
such properties is in the social group, whether
national, provincial or municipal.
Purpose: To serve the citizens and not the state
as a juridical person.
Kinds:
1. For public use may be used by anybody
2. For public service may be used only by
authorized persons
3. For the development of national wealth
The charging of fees to the public does not
determine the character of the property,
whether it is of public dominion or not. Art.
420 defines property of public dominion as
one intended for public use. Even if the
government collects toll fees, the road is still
intended for public use if anyone can use it
under the same terms and conditions as the
rest of the public (MIIA vs. CA, GR No.
155650, July 20, 2006).
Characteristics: (OI-PAE)
MEMORY AID IN CIVIL LAW| 44
1. Outside the commerce of man
2. Inalienable, but when it is no longer needed
for public use or service, it may be declared
patrimonial property.
3. Cannot be acquired by prescription
4. Not subject to attachment or execution
5. Cannot be burdened with easements
Note: They CANNOT be registered under the land
registration law and be the subject of a Torrens
title. The character of public property is not
affected by possession or even a Torrens Title in
favor of private persons (Palanca vs.
Commonwealth, GR No. 46373, Jan. 29, 1940).
As property of public dominion, the Roppongi
lot is outside the commerce of man. The fact
that it has not been used for a long time does
not automatically convert it to patrimonial
property. The conversion happens only if the
abandonment is definite and upon a formal
declaration on the part of the government to
withdraw it from public use (Laurel vs. Garcia
GR No. 92013, July 25, 1990).
The Executive and possibly the Legislative
Departments have the authority and the
power to make the declaration (Natividad vs.
Director of Lands 37 O.G. 2906).
II. Property of Private Ownership
Kinds:
1. Property owned by the state and its political
subdivisions in their private capacity and is
known as patrimonial property (Art. 421-424)
2. Property belonging to private persons (Art.
425)
Patrimonial Property of the State
1. Property of the State owned in a private or
proprietary capacity
2. Property of public dominion, when no longer
intended for public use or public service, shall
form part of the patrimonial property
3. The state has the same rights over this kind
of property as a private individual in relation
to his own private property
Property of Political Subdivisions
1. Property for public use consist of roads,
streets, squares, fountains, public waters,
promenades and public works for public
service paid for by the LGUs.
Note: The enumeration in Art. 424 are not
exclusive.
2. Patrimonial Property all other properties
possessed by LGUs without prejudice to
provisions of special laws
 45 |2009 CENTRALIZED BAR OPERATIONS
Note: Arts. 423 and 424 speak of property for
public use, indicating that property for public
service is patrimonial. However, the Supreme
Court, in Province of Zamboanga Del Norte vs.
City of Zamboanga (GR No. L-23922, June 30,
1969), categorically stated that this court is not
inclined to hold that municipal property held and
devoted to public service is in the same category
as ordinary private property. The classification of
municipal property devoted for distinctly
governmental purposes as public, under the Law
of Municipal Corporations, should prevail over the
Civil Code in this particular case. The Law of
Municipal Corporations was considered as a
special law in the context of Art. 424 of the NCC.
Properties of public dominion devoted to
public use are outside the commerce of men
and cannot be disposed of or leased by the
LGU to private persons. LGUs have no
authority to control or regulate the use of
public properties unless specific authority is
vested upon them by Congress (Macasiano
vs. Diokno GR N. 97764, August 10, 1992).
OWNERSHIP
The rights to enjoy, dispose, and recover a thing
without further limitations than those established
by law or the will of the owner.
SUBJECT-MATTER (Art. 427)
1. thing - usually refer to corporeal property
2. right - whether real or personal, are classified
as incorporeal property
RIGHTS INCLUDED:
1. Right to enjoy: (PUFA)
a. to possess (jus possidendi)
b. to use (jus utendi)
c. to the fruits (jus fruendi) and accessions
d. to abuse (jus abutendi)
2. Right to dispose: (DATE)
a. to destroy
b. to alienate
c. to transform
d. to encumber
3. Right to vindicate: (PR)
a. pursuit
b. recovery
4. Right to exclude: (ER)
1. to enclose, fence and delimit
2. to repel intrusions even with force
CHARACTERISTICS: (GEEPI)
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.
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San Beda College of Law
2. Elastic power/s may be reduced and
thereafter automatically recovered upon the
cessation of the 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: (GOSIP)
1. General limitations imposed by the State for
its benefit
2. Limitations imposed by the owner himself
3. Specific limitations imposed by law
4. Inherent limitations arising from conflict with
other rights
5. Limitations imposed by the party transmitting
the property either by contract or by will
DE FACTO CASE OF EMINENT DOMAIN
Expropriation resulting from the actions of
nature as in a case where land becomes part
of the sea. The owner loses his property in
favor of the state without any compensation.
When the sea moves towards the estate and
the tide invades it, the invaded property
becomes foreshore land and passes to the
realm of the public domain (Republic vs. CA,
GR No. 100709, November 14, 1997).
PRINCIPLE OF SELF-HELP (Art. 429)
The owner or lawful possessor of a thing has
the right to exclude any person from the
enjoyment and disposal of the property by the
use of such force as may be necessary to
repel or prevent actual or threatened unlawful
physical invasion or usurpation of his
property.
Requisites: (RONA)
1. reasonable force
2. owner or lawful possessor is the person
who will exercise
3. no delay in ones exercise
4. actual or threatened physical invasion or
usurpation
DOCTRINE OF INCOMPLETE PRIVILEGE OR
STATE OF NECESSITY (Art. 432)
General rule: A person cannot interfere with the
right of ownership of another.
Exception: Doctrine of Incomplete Privilege or
State of Necessity
Requisites: (ID)
1. Interference necessary to avert an
imminent and threatened danger
 San Beda College of Law
2. Damage to another much greater than
damage to property
LEGAL REMEDIES TO RECOVER
POSSESSION OF ONES PROPERTY:
1. Personal Property
Replevin a remedy for the recovery of
possession of personal property which is
governed by Rule 60 of the Rules of Court
2. Real Property
a. Accion interdictal: A summary action to
recover physical or material possession
of property.
It must be brought in the proper
municipal trial court or metropolitan
trial court within one year from the
time the cause of action arises.
i. Forcible entry (detencion): An action
for recovery of material possession of
real property when a person originally
in possession was deprived thereof
by force, intimidation, strategy, threat
or stealth.
ii. Unlawful Detainer (desahuico): 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.
Forcible Entry and Unlawful Detainer
Distinguished
UNLAWFUL
FORCIBLE ENTRY
DETAINER
As to when possession became unlawful
Possession of the Possession is
defendant is unlawful inceptively lawful but
from the beginning as becomes illegal from
he acquires possession the time defendant
by force, intimidation, unlawfully withholds
strategy, threat or possession after the
stealth expiration or
termination of his right
thereto.
As to the necessity of demand
MEMORY AID IN CIVIL LAW| 46
No previous demand for Demand is
the defendant to vacate jurisdictional if the
is necessary ground is non
payment of rentals or
failure to comply with
the lease contract
As to necessity of proof of prior physical
possession
Plaintiff must prove that Plaintiff need not have
he was in prior physical been in prior physical
possession of the possession
premises until he was
deprived thereof by the
defendant
As to when the 1 year period is counted from
1 year period is 1 year period is
generally counted from counted from the date
the date of actual entry of last demand or last
on the land letter of demand
b. Accion publiciana: An ordinary civil
proceeding to recover the better right of
possession of property and is resorted to
when the dispossession has lasted for
more than 1 year.
The issue involved is not possession
de facto but possession de jure of
realty independent of the title.
Must be brought in the proper
regional trial court within a period of
10 years from the time the cause of
action arises.
c. Accion reivindicatoria: An action to
recover real property based on
ownership. The object is the recovery of
dominion over the property as owner.
Must be brought in the proper
regional trial court within a period of
10 years from the time the cause of
action arises.
Requisites:
i. The thing must be corporeal,
concrete, and determinate
ii. Proof of identity
iii. Proof of title (Reyes-Puno, p.24)
SURFACE RIGHTS (Art. 437)
The owner of parcel of land is the owner of its
surface and everything under it.
Limitations:
Horizontally: extends up to the boundaries
Vertically: extends below the surface and above
it to the extent required by the economic interest
of or utility to the owner, in relation to the
exploitation that may be made of the property
Airspace: the owner cannot complain of the
reasonable requirements of aerial navigation
 47 |2009 CENTRALIZED BAR OPERATIONS
HIDDEN TREASURE (Arts. 438 & 439)
Any hidden or unknown deposit of money, jewelry
or other precious objects, the lawful ownership of
which does not appear
General rule: It belongs to the owner of the land,
building or other property on which it is found.
Exceptions: The finder is entitled to 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 coowner 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 system
(otherwise his share belongs to the
community).
It is necessary that no known owner appears.
Hence, that money found in a library, when
the books were delivered to the legatees in a
testamentary proceeding, could not be
considered a treasure because it was shown
that the library had been used by the testator
and that money consisted, in greater part, of
this kind in circulation during the life of the
testator (1 Capistrano 394).
ACCESSION (Arts. 440 475)
The right by virtue of which the owner of a thing
becomes the owner of everything that is produced
thereby or which is incorporated or attached
thereto, either naturally or artificially.
ACCESSORIES - things joined to or included with
the principal thing for the latters embellishment,
better use, or completion
Classifications:
1. Accession Discreta the right pertaining to
the owner of a thing over everything produced
thereby
Fruits - all periodical additions to a principal
thing produced by forces inherent to the thing
itself
Requisites:
a. increase or addition to the original thing
b. at repeated intervals
c. by inherent forces
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Kinds of Fruits
a. natural fruits spontaneous products of
the soil, the young and other products of
animals
b. industrial fruits those produced by lands
of any kind through cultivation or labor
c. civil fruits rents of buildings, price of
leases or lands and the amount of
perpetual or life annuities or other similar
income
Bonus to planters for the risk undergone
in mortgaging property is NOT a civil fruit
of the mortgaged property (Bachrach
Motor Co. vs. Talisay-Silay Milling Co.
GR No. 35223, September 17, 1931).
General rule: To the owner of the principal
belongs the natural, industrial, and civil fruit.
Exceptions: If the thing is: (PULA)
a. in possession of a possessor in good
faith;
b. subject to a usufruct;
c. leased or pledged; or
d. in possession of an antichretic creditor
General rule: Expenses of production,
gathering and preservation (whether more or
less than the value of the fruits) must be
borne by the receiver of the fruits.
Exception: The rule does NOT always apply
to pending fruits.
2. Accession Continua the right pertaining to
the owner of a thing over everything that is
incorporated or attached thereto either
naturally or artificially; by external forces.
a. With respect to real property
i. accession industrial
building, planting, sowing
ii. accession natural
alluvium, avulsion, change of
course of rivers, formation of
islands
b. With respect to personal property
i. adjunction or conjunction
ii. commixtion or confusion
iii. specification
Basic Principles: (GONE BAD)
1. He who is in good faith may be held
responsible but will not be penalized.
2. To the owner of a thing belongs the extension
or increase of such thing.
3. Bad faith of one party neutralizes the bad
faith of the other.
4. There should be no unjust enrichment at the
expense of others.
 San Beda College of Law MEMORY AID IN CIVIL LAW| 48

5. Bad faith involves liability for damages. 451)

6. Accessory follows the principal.
7. Accession exists only if the incorporation is Bad Faith
such that separation would either seriously {Same as though all acted in good faith (453)}
damage the thing or diminish its value. Bad Faith Good Faith Good Faith
Acquire Remove Remove
Right of Accession With Respect To Real improvements improvements in materials if w/o
Property after paying any event injury
indemnity and Be indemnified Collect value of
Accession Industrial damages to B, for damages materials,
P, S primarily from B,
Table of Rights and Obligations:
Subsidiarily P, S; subsidiarily
OWNER OF liable to owner from LO (447,
BUILDER,
LANDOWNER THE of materials 455)
PLANTER,
(LO) MATERIALS (454, 447, 455)
SOWER (B,P,S)
(OM)
Bad Faith Bad Faith Good Faith
Good Faith Good Faith Good Faith Acquire Right of Collect value of
Acquire Right of Collect value of improvements retention for materials
improvements retention for materials after indemnity necessary primarily form B,
and pay to B, P, necessary and primarily from B, to B, P, S; expenses P, S; subsidiarily
S indemnity; useful expense P, S; subsidiarily subsidiarily Pay value of from LO
subsidiarily Pay value of from land owner liable to owner materials to 2. Collect
liable to owner materials to if B, P, S of materials owner of damages
of materials owner of insolvent a. Sell to B, P materials and 3. If B, P, S
a. sell land to B materials Remove only if except: if the pay him acquires
or P except if without injury value is damages (546, improvements
the value of the (455, 447) considerably 447) remove
land is more materials in any
considerably b. Rent to S event (447, 455)
more (453, 448, 546,
b. rent to S 548, 455)
(448, 546, 455)
Good Faith Bad Faith Good Faith
Good Faith Good Faith Bad Faith Option to: Recover Collect value of
Acquire Right of Lose them Acquire w/o necessary materials and
improvements retention for without right to paying expenses (452, damages from
and pay necessary and indemnity (449) indemnity and 443) B, P, S and
indemnity to B, useful expenses collect damages Lose subsidiarily from
P, S Keep building, Sell to B, P and improvements LO
A. Sell to B, P planting or rent to S and w/o right of Remove
except if the sowing w/o collect damages retention from materials in any
value of land is indemnity to Demolish or LO (452) unless event if B, P, S
considerably owner of restore and LO sells the acquires
more, forced materials and collect damages land improvements
lease collect damages Pay necessary
Without (546, 449) expenses to B,
subsidiary P, S
liability for cost Subsidiarily
of material liable to owner
Good Faith Bad Faith Bad Faith of materials
Option to: Recover Recover value (449, 450, 451)
Acquire necessary from B, P, S (as Bad Faith Good Faith Bad Faith
improvement expenses for if both acted in Acquire Indemnity for No indemnity;
w/o paying preservation good faith) improvements & damages lose materials
indemnity and Lose If B, P, S pay indemnity & Remove (449)
collect improvements acquires damages to B, improvements in
damages, or w/o right to improvements, P, S (454,447) any event
Demolition or indemnity from remove (454,447)
restoration, and LO (452) unless materials if w/o
collect the LO sells injury (447)
damages, or land No action versus Article 448:
Sell to B, P or LO
rent to S, and Application:
collect damages Applies only when the builder, planter or
Pay necessary sower believes he has the right to build, plant
expenses to B, or sow because he thinks he owns the land or
P, S (449, 450, believes himself to have a claim of title
 49 |2009 CENTRALIZED BAR OPERATIONS
(Morales vs. CA, GR No. 126196, January
28, 1998).
When the co-ownership is terminated by a
partition and it appears that the house of an
erstwhile co-owner has encroached upon a
portion pertaining to another co-owner which
was however made in good faith, then the
provisions of Art. 448 should apply to
determine the respective rights of the parties
(Ignao vs. Intermediate Appellate Court GR
No. 72876, January 18, 1991).
Does not apply where ones interest in the
land is merely that of a holder such as a mere
lessee under a rental contract (Balucanag vs.
Francisco GR No. L-33422, May 30, 1983),
an agent, or a usufructuary (Macasaet vs.
Macasaet GR No. 154391, September 30,
2004).
The provision on indemnity in Art. 448 may be
applied by analogy considering that the
primary intent of the law is to avoid a state of
forced coownership especially where the
parties agree that Arts. 448 and 546 are
applicable and indemnity for the
improvements may be paid although they
differ as to the basis of the indemnity. It is the
current market value of the improvements
which should be made the basis of
reimbursement to the builder in good faith
(Pecson vs. CA, GR No. 94033, May 29,
1995).
Options of the landowner:
The owner of the land shall have the right to
appropriate as his own the building, planting
or sowing, after payment of the necessary
and useful expenses. The owner of the land
may also oblige the builder, planter or sower
to pay the price of the land. If the owner
chooses to sell his land, the builder, etc. must
purchase the land; otherwise, the owner may
remove the improvements thereon. The
builder, etc. is not obliged to purchase the
land if its value is considerably more than the
building. In such case, the builder, etc. must
pay rent. If the parties cannot come to terms
over the conditions of the lease, the court
must fix the terms thereof. (Ballatan vs. CA,
GR No. 125683, March 2, 1999).
The landowner may not refuse both to pay for
the building and to sell the land and instead
seek to compel the owner of the building to
remove the building from the land. He is
entitled to such removal ONLY when, after
having chosen to sell the land, the other party
fails to pay for said land (Ignacio vs. Hilario
GR No. L-175, April 30, 1946).
Should no other arrangement be agreed
upon, the owner of the land does not
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San Beda College of Law
automatically become the owner of the
improvement (Filipinas Colleges, Inc. vs.
Timbang GR No. L-12812, September 29,
1959).
Right to choose:
It is the owner of the land who must exercise
the option because his right is older and
because, by the principle of accession, he is
entitled to the ownership of the accessory
(Bernardo vs. Bataclan GR No. 44606,
November 28, 1938).
The so-called workable solution, as provided
in the case of Grana vs. CA (GR No. L-
49219, April 18, 1988) is one where the Court
orders the owner of the land to sell to the
builder, etc. the part of the land intruded upon,
and thereby depriving him of his right to
choose, because it would be impractical to
choose the first alternative for the whole
improvement might be rendered useless.
Accession natural
1. Alluvion or Alluvium (Art. 457-458)
Increment which lands abutting rivers
gradually receive as a result of the current of
the waters
Accretion - the process by which a riparian
land gradually and imperceptibly receives
addition made by the water to which the land
is contiguous
Requisites of alluvion or accretion:
a. the deposit or accumulation of soil or
sediment must be gradual and
imperceptible (increase must be
comparatively little)
b. the accretion must result from the effects
or action of the current of the water
c. that the land where accretion takes place
is adjacent to the bank of the river
Accretions belong to the riparian owners
upon whose lands the alluvial deposits
were made (Agustin vs. Intermediate
Appellate Court GR Nos. 66075-76, July
5, 1990).
Reasons for the rule:
a. To compensate the owner for losses
which they may suffer by erosion.
b. To compensate them for the burdens of
legal easements, which are imposed
upon them
c. Because it is the owner of the contiguous
land who can utilize the increment to the
best advantage
 San Beda College of Law
d. Because this is the only feasible solution,
since the previous owners can no longer
be identified.
An alluvion is automatically owned by the
riparian owner from the moment the soil
deposit can be seen but the additional
area does not automatically become
registered land just because the lot which
receives such accretion is covered by a
Torrens title. The riparian owner must
register the additional area (Heirs of E.
Navarro vs. Intermediate Appellate Court
GR No. 68188, October 13, 1997).
Failure to register the acquired alluvial
deposit by accretion subjects said
accretion to acquisition thru prescription
by third persons (Reynante vs. CA, GR
No. 95907, April 8, 1992).
A riparian owner cannot acquire the
addition to his land caused by special
works (e.g., dikes) expressly intended by
him to bring about accretion (i.e., for
reclamation purposes) and not to protect
his property from the destructive force of
the waters of the river (Republic vs. CA,
GR No. L-43105, August 31, 1984).
In the absence of evidence that the
change in the course of the river was
sudden, the presumption is that the
change was gradual and was caused by
alluvium and erosion (Payatas-Estate
Improvement Co. vs. Tuason GR No. L-
30067, March 23, 1929).
2. Avulsion (Art. 459)
The transfer of a known portion of land from
one tenement to another by the force of the
current. The portion of land must be such
that it can be identified as coming from a
definite tenement.
Requisites:
a. the segregation and transfer must be
caused by the current of a river, creek or
torrent
b. the segregation and transfer must be
sudden or abrupt
c. the portion of land transported must be
known or identified
Note: The owner must remove (not merely
claim) the transported portion within two years
to retain ownership.
Art. 460 applies only to uprooted trees. If
a known portion of land with trees
standing thereon is carried away by the
MEMORY AID IN CIVIL LAW| 50
current to another land, Art. 459 govern
and the 2 year period applies.
In case of uprooted trees, the owner
retains ownership if he makes a claim
within 6 months. This does not include
trees which remain planted on a known
portion of land carried by the force of the
waters. In the latter case, the trees are
regarded as accessions of the land
through gradual changes in the course of
adjoining stream (Payatas-Estate
Improvement Co. vs. Tuason GR No. L-
30067, March 23, 1929).
Alluvium and Avulsion Distinguished
ALLUVIUM AVULSION
gradual and sudden or abrupt
imperceptible process
soil cannot be identified identifiable and
verifiable
belongs to the owner of belongs to the owner
the property to which it from whose property it
is attached was detached
3. Change of Course of Rivers (Art. 461462)
Requisites: (NAPA)
a. There must be a natural change in the
course of the waters of the river;
otherwise, the bed may be the subject of
a State grant (ReyesPuno, p.54).
b. The change must be abrupt or sudden
c. The change must be permanent; the rule
does not apply to temporary overflowing
d. There must be abandonment by the
owner of the bed i.e. a decision not to
bring back the river to the old bed.
(ReyesPuno, p.53).
Once the river bed has been abandoned,
the owners of the invaded land become
owners of the abandoned bed to the
extent as provided by Art. 462. No
positive act is needed on their part, as it
is subject thereto ipso jure from the
moment the mode of acquisition becomes
evident.
It does not apply to cases where the river
simply dries up because there are no
persons whose lands are occupied by the
waters of the river.
4. Formation of Islands (Arts. 463465)
Rules on Ownership:
a. If formed by the sea:
i. within territorial waters State
ii. outside territorial waters to the first
occupant
 51 |2009 CENTRALIZED BAR OPERATIONS
b. If formed in lakes, or navigable or
floatable rivers State
c. If formed on nonnavigable or non
floatable rivers:
i. if nearer to one margin or bank to
the nearer riparian owner
ii. if equidistant from both banks to the
riparian owners, by halves
There is no accession when islands are
formed by the branching of a river; the
owner retains ownership of the isolated
piece of land.
Right of Accession With Respect To Personal
Property
Basic Principle: Accession exists only if
separation is not feasible. Otherwise, separation
may be demanded.
Kinds:
1. Adjunction/ conjunction (Arts. 466-471): The
union of two movable things belonging to
different owners, in such a manner that they
cannot be separated without injury, thereby
forming a single object
Requisites:
a. the two things must belong to different
owners
b. that they form a single object, or that their
separation would impair their nature
Kinds:
a. inclusion or engraftment
b. soldadura or soldering
i. ferruminacion if both the accessory
and principal objects are of the same
metal
ii. plumbatura if the accessory and
principal objects are of different
materials
c. escritura or writing
d. pintura or painting
e. tejido or weaving
Tests to determine principal in adjunction:
a. the rule of importance and purpose (Art.
467)
b. that of greater value if they are of
unequal values
c. that of greater volume if they are of
equal values
d. that of greater merits take into
consideration all pertinent provisions
applicable as well as the comparative
merits, utility and volume
Rules on Who is Entitled:
51
San Beda College of Law
a. Adjunction in good faith by either owner:
General rule: Accessory follows the
principal
Exceptions: If the accessory is much
more precious than the principal, the
owner of the accessory may demand the
separation even if the principal suffers
some injury
b. Adjunction in bad faith by the owner of
the principal
Options of the owner of the accessory:
i. to recover the value plus damages
ii. to demand separation plus damages
c. Adjunction in bad faith by the owner of
the accessory
i. he loses the accessory
ii. he is liable for damages
When separation of things allowed:
i. separation without injury
ii. accessory is more precious than the
principal
iii. owner of the principal acted in bad
faith
2. Mixture (Arts. 472-473): Union of materials
where the components lose their identity
Kinds:
a. Commixtion mixture of solids
b. Confusion mixture of liquids
Rules:
a. By the will of both owners or by accident:
each owner acquires an interest in
proportion to the value of his material
b. By one owner in good faith: apply rule (a)
c. By one owner in bad faith:
i. he loses all his rights to his own
material
ii. he is liable for damages
3. Specification (Art. 474): The transformation of
anothers material by the application of labor.
The material becomes a thing of different
kind. Labor is the principal
Rules:
a. Owner of the principal (worker) in good
faith:
i. maker acquires the new thing
ii. he must indemnify the owner of the
material
Exception: if the material is more
valuable than the resulting thing, the
owner of the material has the option:
i. to acquire the work, indemnifying for
the labor, or
 San Beda College of Law MEMORY AID IN CIVIL LAW| 52

ii. to demand indemnity for the material

b. Owner of the principal (worker) in bad Exception: Certain personal properties like
faith, the owner of the material has the vessels may be the object of quieting of title.
option:
i. to acquire the result without indemnity Nature:
ii. to demand indemnity for the material Actions for quieting of title are neither suits in rem
plus damages nor suits in personam. They are suits against a
c. Owner of the material in bad faith particular person in respect to the res and the
i. he loses the material judgment will apply only to the property in dispute.
ii. he is liable for damages They are suits quasi in rem (Realty Sales
Indemnity of the material, how paid (Art 471): Enterprises, Inc. vs. Intermediate Appellate Court
a. The delivery of the same quality, kind and GR No. L-67451, September 28, 1987).
quality; or
b. The payment of the value, as per expert Requisites: (LCD-R)
appraisal. 1. plaintiff must have a legal or equitable title to,
or interest in the real property which is the
In determining the value, sentimental subject matter of the action;
value must be taken into account. 2. there must be a cloud in such title;
3. such cloud must be due to some instrument,
Adjunction, Mixture and Specification record, claim, encumbrance or proceeding
Distinguished which is APPARENTLY VALID but is in truth
invalid, ineffective, voidable or unenforceable,
SPECIFICATIO and is prejudicial to the plaintiffs title; and
ADJUNCTION MIXTURE
N 4. plaintiff must return to the defendant all
Involves at Involves at May involve one benefits he may have received from the latter,
least 2 things least 2 thing (or more) or reimburse him for expenses that may have
things but form is redounded to his benefit.
changed
Accessory Co- Accessory Classes:
follows the ownership follows the 1. Remedial (Action to quiet title) - the action
principal results principal may be brought to remove a cloud or quiet
title to real property or an interest therein (Art.
Things joined Things The new object 476 par. 1)
retain their mixed or retains or 2. Preventive (Action quia timet) - to prevent a
nature confused preserves the future cloud (doubt) from being cast upon the
may either nature of the title to real property or an interest therein (Art.
retain or original object. 476 par. 2).
lose their
respective Prescriptive Period:
natures 1. plaintiff in possession imprescriptible
2. plaintiff not in possession 10 (ordinary) or
QUIETING OF TITLE (Arts. 476481) 30 years (extraordinary)

Cloud on title The action to quiet title does NOT apply:

A semblance of title, either legal or equitable, or a
claim or a right in real property, appearing in
some legal form but which is, in fact, invalid or
which would be inequitable to enforce
Action to quiet title
An action to remove cloud or to quiet title is a
remedy or proceeding in equity, the purpose of
which is 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, and thereafter to
free the plaintiff and those claiming under him
form any hostile claim thereon.
General rule: Only real property could be the
subject matter of quieting of title.
1. to questions involving interpretation of
documents
2. to mere written or oral assertions of claims,
EXCEPT:
a. if made in a legal proceeding
b. if it is being asserted that the instrument
or entry in plaintiffs favor is not what it
purports to be
3. to boundary disputes
4. to deeds by strangers to the title UNLESS
purporting to convey the property of the
plaintiff
5. to instruments invalid on their face
6. where the validity of the instrument involves
pure questions of law
 53 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

Duty of plaintiff to restore benefits and 2. there is a single object which is not materially
expenses (Art. 479): divided
1. Restoration is required whenever the 3. there is no mutual representation by the co
complainant is shown to be morally bound to owners
reimburse the defendant 4. it exists for the common enjoyment of the co
2. Even if the debt is not enforceable by reason owners
of the statue of limitations, payment may be 5. it has no distinct legal personality
required by the court 6. it is governed first of all by the contract of the
parties; otherwise, by special legal provisions,
Reason: He who seeks equity must do equity. and in default of such provisions, by the
provisions of Title III on coownership
RUINOUS BUILDINGS AND TREES IN
DANGER OF FALLING (Arts. 482483): SOURCES: (C2LOST)
1. Contract
As to buildings: 2. Chance
The complainant must show that his property 3. Law
is adjacent to the dangerous construction, or 4. Occupation
must have to pass by necessity in the 5. Succession
immediate vicinity. 6. Testamentary disposition or donation inter
Lack of knowledge of the falling condition of vivos
the structure will not excuse the owner from
liability. COOWNERSHIP AND PARTNERSHIP
If the damage is caused by defects in the DISTINGUISHED
construction, then the builder is responsible
for the damages. COOWNERSHIP PARTNERSHIP
Can be created Can be created only
As to trees: without the formalities by contract, express
The fall of the tree, occasioned by the inaction of a contract or implied
or negligence of the owner, someone has Has no juridical or Has juridical
been hurt, the owner of the tree is liable for legal personality personality distinct
damages under the law on quasi-delict (Art. from the partners
2191, par. 3). Purpose is collective Purpose is to obtain
enjoyment of the thing profits
Coowner can A partner, unless
CO- OWNERSHIP dispose of his shares authorized, cannot
That form of ownership which exists whenever an without the consent of dispose of his share
undivided thing or right belongs to different the others with the and substitute another
persons. transferee as a partner in his
By the nature of coownership, a coowner automatically place.
cannot point to any specific portion of the becoming a co
property owned in common as his own owner.
because his share in it remains intangible and There is no mutual A partner can
ideal (Avila et al. vs. Sps. Barabat GR No. representation. generally bind the
141993, May 17, 2006). partnership.
The possession of a coowner is like that of a Distribution of profits Distribution of profits
trustee and shall not be regarded as adverse must be proportional is subject to the
to the other coowner but in fact beneficial to to the respective stipulation of the
all of them (Salvador vs. CA, G.R. No. interests of the co parties
109910, April 5, 1995) owners
A coownership is not Death or incapacity
REQUISITES: dissolved by the dissolves the
1. Plurality of owners death or incapacity of partnership
2. The object of ownership must be a thing or a coowner.
right which is undivided No public instrument May be made in any
3. Each coowners right must be limited only to needed even if real form except when real
his ideal share of the physical whole property is the object property is contributed
CHARACTERISTICS: (PSNCLG) of the coownership
1. Plurality of subjects/owners An agreement to keep There may be
the thing undivided for agreement as to a

53
 San Beda College of Law
a period of more than definite term without
10 years is void. limit set by law.
RULES:
I. Rights of each coowner as to the thing
owned in common: (USBRAPLDP)
1. To use the thing owned in common
Limitations:
a. use according to the purpose for
which it was intended
b. interest of the coownership must not
be prejudiced
c. other coowners must not be
prevented from using it according to
their own rights
2. To share in the benefits and charges in
proportion to the interest of each.
Any stipulation to the contrary is void.
3. To the benefits of prescription:
prescription by one coowner benefits all.
4. Repairs and taxes: to compel the others
to share in the expenses of preservation
even if incurred without prior notice.
The coowner being compelled may
exempt himself from the payment of
taxes and expenses by renouncing
his share equivalent to such taxes
and expenses. The value of the
property at the time of the
renunciation will be the basis of the
portion to be renounced.
5. Alterations: to oppose alterations made
without the consent of all, even if
beneficial.
Alteration is an act by virtue of which a
coowner changes the thing from the
state in which the others believe it should
remain, or withdraws it from the use to
which they desire it to be intended.
6. To protest against seriously prejudicial
decisions of the majority
7. Legal redemption: to be exercised within
30 days from written notice of sale of an
undivided share of another coowner to a
stranger
8. To defend the coownerships interest in
court
9. To demand partition at any time
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 others. The purpose of partition is to
separate, divide and assign a thing held
in common among those to whom it
belongs. (Avila vs. Sps. Barabat GR No.
141993, March 17, 2006).
MEMORY AID IN CIVIL LAW| 54
General rule: Partition is demandable by
any of the coowners as a matter of right
at any time.
Exceptions: (SCLUPA)
a. When there is a stipulation against it;
but not to exceed 10 years.
b. When the condition of indivision is
imposed by the donor or testator; but
not to exceed 20 years.
c. When the legal nature of the
community prevents partition.
d. When partition would render the thing
unserviceable.
e. When partition is prohibited by law
f. When another coowner has
possessed the property as exclusive
owner for a period sufficient to
acquire it by prescription.
II. The following questions are governed by
the majority of interests:
1. Management
Acts of Management (Castan)
a. Those that do not involve an alteration
b. Are renewable from time to time
c. Do not bind the community for a long time
in the future
d. Do not give rise to a real right over the
thing owned in common (Reyes-Puno.
p.73).
e. Expenses to improve or embellish are
decided by the majority
Minority may appeal to the court against
the majoritys decision if the same is
seriously prejudicial.
2. Enjoyment
3. Improvement or embellishment
III. Rights as to the ideal share of each co
owner:
1. Each has full ownership of his part and of
his share of the fruits and benefits
2. Right to substitute another person in its
enjoyment, EXCEPT when personal
rights are involved
3. Right to alienate, dispose or encumber
4. Right to renounce part of his interest to
reimburse necessary expenses incurred
by another coowner
5. Transactions entered into by each co
owner only affect his ideal share.
Even if a co-owner sells the whole
property as his, the sale will affect
only his own share but not those of
the other co-owners who did not
consent to the sale. This is because
the sale or other disposition affects
only his share and the transferee gets
 55 |2009 CENTRALIZED BAR OPERATIONS
only what would correspond to his
grantor in the partition of the thing
owned in common. Since a co-owner
is entitled to sell his undivided share,
a sale of the entire property by one
co-owner without the consent of the
other co-owners is not null and void.
Only the rights of the co-owner-seller
are transferred, thereby making the
buyer a co-owner of the property
(Bailon-Casilao vs. CA, GR No. L-
78178, April 15, 1988).
A co-owner cannot acquire by prescription the
share of the co-owners, absent any clear
repudiation of the co-ownership. In order that
the title may prescribe in favor of a co-owner,
the following requisites must concur: (1) the
co-owner has performed unequivocal acts of
repudiation amounting to an ouster of the
other co-owners; (2) such positive acts of
repudiation have been made known to the
other co-owners; and (3) the evidence thereof
is clear and convincing (Robles vs. CA, GR
No. 123509, March 14, 2000).
The act of executing the affidavit of self
adjudication did not constitute sufficient act of
repudiation. In fact, there was bad faith of the
coheir in feigning sole ownership of the
property to the exclusion of the other co
heirs. (Galvez vs. CA, GR No. 157954, March
24, 2006).
The Torrens title does not furnish a shield for
fraud. Thus, where one registered the
property in question in his name in fraud of
his coheirs, prescription can only be deemed
to have commenced from the time the latter
discovers the fraudulent act (Adille vs. CA,
GR No. L-46484 January 29, 1988).
Under the law, anyone of the coowners may
bring an action in ejectment (Art. 487). This
can be done without joining all other co
owners because the suit is presumed to have
been filed for the benefit of his coowners.
But if the suit is for the benefit of the plaintiff
alone who claims to be the sole owner and
entitled to the possession of the litigated
property the action should be dismissed and it
will not prosper especially so that there is
evidence of coownership of the property,
and there is no showing that they waived their
rights (Baloloy vs. Hular GR No. 159723.
September 9, 2004).
EXTINGUISHMENT OF COOWNERSHIP
(CALSTEP)
1. consolidation or merger in one coowner
55
San Beda College of Law
2. acquisitive prescription in favor of a third
person or a coowner who repudiates the co
ownership
3. loss or destruction of property coowned
4. sale of property coowned
5. termination of period agreed upon by the co
owners
6. expropriation
7. judicial or extrajudicial partition
CONDOMINIUM ACT (RA 4726)
Condominium - an interest in real property
consisting of a separate interest in a unit in a
residential, industrial or commercial building and
an undivided interest in common, directly or
indirectly, in the land on which it is located and in
other common areas of the building.
Any transfer or conveyance of a unit or an
apartment, office or store or other space
therein, shall include transfer or conveyance
of the undivided interest in the common areas
or, in a proper case, the membership or
shareholdings in the condominium
corporation: Provided, however, that where
the common areas in the condominium
project are held by the owners of separate
units as coowners thereof, no condominium
unit therein shall be conveyed or transferred
to persons other than Filipino citizens or
corporations at least 60% of the capital stock
of which belong to Filipino citizens, except in
cases of hereditary succession.
General rule: Common areas shall remain
undivided, and there shall be no judicial partition
thereof
Exceptions:
1. When the project has not been rebuilt or
repaired substantially to its state prior to its
damage or destruction 3 years after damage
or destruction which rendered a material part
thereof unfit for use;
2. When damage or destruction has rendered
or more of the units untenantable and that the
condominium owners holding more than 30%
interest in the common areas are opposed to
restoration of the projects;
3. When the project has been in existence for
more than 50 years, that it is obsolete and
uneconomic, and the condominium owners
holding in aggregate more than 50% interest
in the common areas are opposed to
restoration, remodeling or modernizing;
4. When the project or a material part thereof
has been condemned or expropriated and the
project is no longer viable, or that the
condominium owners holding in aggregate
more than 70% interest in the common areas
 San Beda College of Law
are opposed to the continuation of the
condominium regime;
5. When conditions for partition by sale set forth
in the declaration of restrictions duly
registered have been met.
SOME SPECIAL PROPERTIES
WATERS (Arts. 502-518)
Laws Governing Waters:
1. Civil Code of the Philippines
2. Special Law of Waters of August 3, 1866
3. The Irrigation Acts, Act 2152 and its
amendments
4. Water Power Act No. 4062
5. Art. XIII of the Philippine Constitution
Classification
1. Waters public per se (water is the principal);
the bed follows the character of the water
2. Waters public or private according to their bed
(water is accessory to bed)
3. Waters public by special provision
MINERALS (Art. 519)
Laws Governing Minerals:
1. Before 1902: R.D. sobre Mineria 1867
2. Between 1902-1906: The Philippine Bill of
1902 and Legislative Acts
3. After the Advent of the Commonwealth: Art.
XIII of the Philippine Constitution and CA No.
137
4. Present: Mineral Resources Development
Decree of 1974 (P.D. 463) and the Civil Code
of the Philippines
Minerals all inorganic substances found in
nature, whether in solid, liquid, gaseous, or any
intermediate state, with the exception of soil
which supports the organic life, and of ordinary
earth, gravel, sand, and stone which are used for
building or construction purposes
TRADEMARK AND TRADE NAMES (Arts. 520-
523)
Laws Governing Trademarks and Trade
names:
1. Intellectual Property Code (RA 8293)
2. Civil Code of the Philippines
POSSESSION
CONCEPT:
1. As an act the holding of a thing or the
enjoyment of a right with the intention to
possess in ones own right
MEMORY AID IN CIVIL LAW| 56
2. As a fact when there is holding or
enjoyment
3. As a right the right of a person to holding or
enjoyment to the exclusion of all others
having better right than the possessor
a. jus possidendi - right to possession which
is incidental to or included in the right of
ownership
b. jus possessionis right of possession
independent from the right of ownership
REQUISITES:
1. occupancy, apprehension, or taking of a thing
or right (possession in fact);
2. deliberate intention to possess (animus
possidendi)
An insane or demented person CANNOT
acquire possession as they are incapable
of understanding the import of their
actions.
3. by virtue of ones own right in his own name
or in that of another.
DEGREES:
1. possession without any title whatsoever -
mere holding without any right at all (ex. thief
or squatter)
2. possession with juridical title - predicated
on juridical relation existing between the
possessor and the owner (ex. lessee,
usufructuary, depositary, agent, pledgee and
trustee)
3. possession with just title the possession
of an adverse claimant whose title is sufficient
to transfer ownership but is defective (ex.
when the seller is not the true owner or could
not transmit his rights thereto to a possessor
who acted in GF)
4. possession with a title in fee simple -
derived from the right of dominion or
possession of an owner; the highest degree
of possession
CLASSES:
1. In ones own name where possessor
claims the thing for himself
2. In the name of another for whom the thing
is held by the possessor
3. In the concept of owner possessor of
thing or right, by his actions, is considered or
believed by others as the owner, regardless of
good or bad faith of the possessor
Possessor in the concept of an owner is
presumed with just title. (Art. 541)
4. In the concept of holder possessor holds
it merely to keep or enjoy it, the ownership
pertaining to another person; possessor
 57 |2009 CENTRALIZED BAR OPERATIONS
acknowledges in another a superior right
which he believes to be ownership; cannot
acquire ownership by prescription
None of these holders may assert a claim
of ownership for himself over the thing but
they may be considered as possessors in
the concept of owner, or under claim of
ownership, with respect to the right they
respectively exercise over the thing.
5. In good faith possessor is not aware that
there is in his title or mode of acquisition a
defect that invalidates it
Requisites:
a. Ostensible title or mode of acquisition
b. Vice or defect in the title
c. Possessor is ignorant of the vice or defect
and must have an honest belief that the
thing belongs to him
Gross and inexcusable ignorance of the
law may not be the basis of good faith,
but possible excusable ignorance may be
such basis (Kasilag vs. Roque GR No.
46623, December 7, 1939).
6. In bad faith possessor is aware of the
invalidating defect in his own title.
Only personal knowledge of the flaw in
ones title or mode of acquisition can
make him a possessor in bad faith. It is
not transmissible even to an heir.
Possession in good faith ceases from the
moment defects in his title are made
known to the possessor
EXTENT OF POSSESSION:
1. Actual possession occupancy in fact of
the whole or at least substantially the whole
property
2. Constructive possession occupancy of
part, in the name of the whole, under such
circumstances that the law extends the
occupancy to the possession of the whole
Doctrine of constructive possession
possession in the eyes of the law does not
mean that a man has to have his feet on
every square meter of ground before it can be
said that he is in possession (Ramos vs.
Director of Lands GR No. 13298, November
19, 1918).
PRESUMPTIONS IN FAVOR OF POSSESSOR:
1. of good faith (Art. 527)
2. of continuity of initial good faith (Art. 528)
3. of enjoyment in the same character in which
possession was acquired until the contrary is
proved (Art. 529)
4. of noninterruption in favor of the present
possessor (Art. 554)
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San Beda College of Law
5. of continuous possession by the one who
recovers possession of which he was
wrongfully deprived (Art. 561)
6. of extension of possession of real property to
all movables contained therein (Art. 542)
OBJECT OF POSSESSION:
General rule: All things and rights susceptible of
being appropriated (Art. 530)
Exceptions:
1. Res communes
2. Property of public dominion
3. Discontinuous servitudes
4. Nonapparent servitudes
ACQUISITION OF POSSESSION (Arts. 531-538)
Manner of acquiring possession:
1. Material occupation of the thing or exercise of
a right
2. Subjection to our will
3. Proper acts and legal formalities established
for acquiring such right
Special Cases of Acquisition of Possession:
1. Acquisition through another person.
Where possession is acquired, not by an
agent or representative but by a stranger
without agency, possession is not acquired
until the act is ratified (Art. 532).
2. Acquisition by Succession Mortis Causa
a. Time of Acquisition. If the inheritance is
accepted, the estate is transmitted
without interruption from the death of the
predecessor. But the heir who repudiates
is deemed never to have acquired
possession (Art. 533).
b. Effect of Bad Faith of the decedent. One
who succeeds by hereditary title shall not
suffer the consequences of the wrongful
possession of the decedent unless it is
shown that he had knowledge of the
defects affecting it; but the effects of
possession in good faith shall not benefit
him except from the death of the
decedent (Art. 534).
CONFLICTS BETWEEN SEVERAL
CLAIMANTS:
General rule: Possession cannot be recognized
in two different personalities
Exception: In case of copossession when there
is no conflict
Criteria in Case of Dispute:
1. present/actual possessor shall be preferred
 San Beda College of Law MEMORY AID IN CIVIL LAW| 58

2. if there are two possessors, the one longer in removal if no injury, or value at time of
possession cost without removal recovery
3. if the dates of possession are the same, the Taxes and charges (i. on capital, ii. on fruits and
one with a title iii. charges)
4. if all the above are equal, the fact of taxes and charges taxes and charges
possession shall be judicially determined, and i. charged to i. charged to owner
in the meantime, the thing shall be placed in owner ii. charged to owner
judicial deposit ii. charged to iii. to owner
Possession cannot be acquired through possessor
force or violence. To all intents and iii. prorated
purposes, a possessor, even if physically Improvements no longer existing
ousted, is still deemed the legal no reimbursement no reimburse-ment
possessor (Caquea vs. Bolante GR No. Liability for accidental loss or deterioration
137944, April 6, 2000). only if acting with liable in every case
A person who believes himself entitled to fraudulent intent or
the possession of property may not take negligence, after
the law into his hands (Bishop of Cebu summons
vs. Mangaron, G.R. No. 1748, June 1, Improvements due to time or nature
1906) or else he will be made to suffer the to owner or lawful to owner or lawful
consequences of his lawlessness possessor possessor
(Santiago vs. Cruz GR No. L-31919,
March 24, 1930). Necessary expenses made for the
preservation of the thing
EFFECTS OF POSSESSION (Arts. 539-561)
POSSESSOR IN POSSESSOR IN BAD Useful expenses add value to property or
GOOD FAITH FAITH increase the objects productivity
Fruits gathered
to possessor to owner Ornamental/luxury expenses add value to the
Cultivation Expenses of gathered fruits thing only for certain persons in view of their
not reimbursed to reimbursed to particular whims; neither essential for
possessor possessor preservation nor useful to everybody in general
Fruits pending and charges
prorated according to to owner LOSS OF POSSESSION (Art. 555)
time
Production expenses of pending fruits General Causes:
indemnity pro-rata to no indemnity 1. By the will of the possessor
possessor (owners a. Abandonment
option) b. Transfer or conveyance
in money, or 2. Against the will of the possessor
by allowing full a. Eminent domain
cultivation and b. Acquisitive prescription
gathering of all fruits c. Judicial decree in favor of one who has a
Necessary expenses better right
reimbursed to reimbursed to d. Possession of another for more than one
possessor; retention possessor; no retention year
Useful expenses This refers to possession de facto
reimbursed to no reimburse-ment where the possessor loses the right
possessor (owners to a summary action; but he may still
option) bring action publiciana or
initial cost reivindicatoria.
plus value e. By reason of the object
may remove if no i. destruction or total loss of the things
reimbursement, and no ii. withdrawal from commerce
damage is caused to
the principal by the Acts NOT Constituting Loss of Possession
removal (Arts. 537538)
Ornamental expenses 1. Acts executed by stealth and without
reimbursement at owners option: knowledge of the possessor
owners option: removal, or
 59 |2009 CENTRALIZED BAR OPERATIONS
2. Acts merely tolerated either by the possessor
or by his representative or holder in his name
unless authorized or ratified
3. Violence
4. Temporary ignorance of the whereabouts of
movable property
The possessor who recovers possession is
considered as having had uninterrupted
possession despite these acts of violence,
stealth and tolerance; but he must recover
possession by due process, and not
otherwise (Arts. 561, 536, 539)
POSSESSION OF MOVABLES (Art. 559):
Theory of Irrevindicability - Possession in good
faith of a movable is presumed ownership. It is
equivalent to title. No further proof is necessary
(Aznar vs. Yapdiangco, G.R. No. L-18536, March
31, 1965). The rule isnecessary for purposes of
facilitating transactions on movable property
which are usually done without special formalities
(Sotto vs. Enage, 43 O.G. 5075 [1947]).
Requisites:
1. possession is in good faith
2. the owner has voluntarily parted with the
possession of the thing
3. possessor is in the concept of owner
Exceptions to the Theory of Irrevindicability:
1. where the owner or possessor lost a movable
2. where the owner or possessor has been
unlawfully deprived of a movable
General rule: One who has lost or has been
unlawfully deprived of a movable may recover it
from whoever possesses it without
reimbursement. The owner of the thing must
prove: (1) ownership of the thing, and (2) loss or
unlawful deprivation; or bad faith of the
possessor.
Exceptions:
1. Where the owner acts negligently or
voluntarily parts with the thing owned, he
cannot recover it from the possessor.
2. If the possessor of the movable acquired it in
good faith at a public sale, the owner cannot
obtain its return without reimbursing the price
paid therefor.
Public sale one where there has been a public
notice of the sale in which anyone is allowed to
bid for the object he desires to buy.
POSSESSION OF ANIMALS (Art. 560):
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San Beda College of Law
Wild Animals living in a state of nature
independently of and without the aid and care of
man; considered possessed only while they are
under mans control
Domesticated/ Tamed Animals - wild or savage
by nature but have been subdued and became
accustomed to live in a tamed condition;
considered possessed if they habitually return to
the premises of their possessor
Domestic/ Tame animals live, born and reared
under the control and care of man
USUFRUCT
Gives the right to enjoy the property of another
with the obligation of preserving its form and
substance, unless the title constituting it or the
law otherwise provides.
CHARACTERISTICS:
1. real right
2. of temporary duration
3. to derive all advantages from the thing due to
normal exploitation
4. may be constituted on real or personal
property, consumable or nonconsumable,
tangible or intangible, the ownership of which
is vested in another
5. transmissible
KINDS OF USUFRUCTUARY ACCORDING TO
ORIGIN:
1. Legal created by law such as usufruct of
the parents over the property of their
unemancipated children
2. Voluntary created by will of the parties
either by act inter vivos such as donation or
by act mortis causa such as in a last will and
testament
3. Mixed acquired by prescription such as
when believing himself to be the owner of the
property of an absentee, gave in his will the
usufruct of the property for the requisite
prescriptive period to his wife, who
possessed it in good faith as usufructuary,
and naked ownership to his brother
RULES GOVERNING USUFRUCT:
Governed primarily by the title creating it, or in the
absence thereof, by Articles 566-612 of the Civil
Code.
NORMAL USUFRUCT AND ABNORMAL
USUFRUCT DISTINGUISHED
ABNORMAL
NORMAL USUFRUCT
USUFRUCT
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that which involves non- that which involves 1. As to the thing and its fruits
consumable things things which would be a. To receive and benefit from the fruits
which the usufructuary useless to the b. To enjoy any increase through accessions
can enjoy without usufructuary unless and servitudes
altering their form or they are consumed or c. To the half of the hidden treasure he
substance, though they expended, such as accidentally finds
may deteriorate or money, grain, liquors, d. To lease the thing, generally, for the same
diminish by time or use etc. or shorter period as the usufruct.
e. To improve the thing without altering its
GENERAL RULE: Usufructuary is bound to form and substance
preserve the form and substance of the thing in f. Right to setoff the improvements he may
usufruct. have made on the property against any
damage to the same
EXCEPTION: Abnormal usufruct whereby the law g. To retain the thing until he is reimbursed
or the will of the parties may allow the for advances for extraordinary expenses
modification of the substance of the thing. and taxes on the capital
h. To collect reimbursements from the owner
for indispensable extraordinary repairs,
USUFRUCT AND LEASE DISTINGUISHED
taxes on the capital he advanced, and
USUFRUCT LEASE damages caused to him.
Always a real right Generally a personal i. To remove improvements made by him if
right the same will not injure the property
Person creating the Lessor may not be the
usufruct should be the owner 2. As to the usufruct itself
owner or his duly a. To mortgage the right of usufruct except
authorized agent parental usufruct
b. To alienate the usufruct
May be created by law, Generally created by
by contract, by will of contract 3. At the expiration of the usufruct:
the testator, or by a. to collect reimbursement from the owner:
prescription i. for indispensable extraordinary
As a rule, usufruct Lease generally refers repairs made by the usufructuary
covers all the fruits and to uses only ii. for taxes on the capital advanced by
all the uses and benefits the usufructuary
of the entire property. iii. for damages caused by the
usufructuary
Involves a more or less Lease involves a more
b. to retain the thing until reimbursement is
passive owner who active owner or lessor
made
allows the usufructuary who makes the lessee
c. to remove improvements made by him,
to enjoy the object given to enjoy
but without injuring the property
in usufruct
Pays for ordinary repairs Lessee is not generally In a usufruct, only the jus utendi and jus
and taxes on the fruits under obligation to fruendi over the property are transferred to
undertake repairs or the usufructuary. The owner of the property
pay taxes maintains the jus disponendi or the power to
alienate, encumber, transform, and even
destroy the same (Hemedes vs. CA, GR No.
SPECIAL USUFRUCTS:
107132, October 8, 1999).
1. of pension or income (Art. 570)
2. of property owned in common (Art. 582) Under the Massachusetts Rule, a stock
3. of cattle (livestock) (Art. 591) dividend is considered part of the capital and
4. on vineyards and woodlands (Art. 575576) belongs to the remainderman; while under the
5. on a right of action (Art. 578) Pennsylvania Rule, all earnings of a
6. on mortgaged property (Art. 600) corporation, when declared as dividends in
7. over the entire patrimony (Art. 598) whatever form, made during the lifetime of the
8. over things which gradually deteriorate (Art. usufructuary, belong to the latter. The
573) Pennsylvania Rule is more in accord with our
9. of consumable property (Art. 574) laws than the Massachusetts Rule (Bachrach
vs. Seifert and Elianoff, GR No. L-2659,
RIGHTS OF THE USUFRUCTUARY October 12, 1950).
 61 |2009 CENTRALIZED BAR OPERATIONS
Corollary to the right to all the rents, to
choose the tenant, and to fix the amount of
the rents, a usufructuary of the rents has the
right to choose himself as the tenant,
provided that the obligations he has assumed
towards the owner of the property are fulfilled
(Fabie vs. Gutierrez David, GR No. L-123,
December 12, 1945).
OBLIGATIONS OF THE USUFRUCTUARY
1. Before exercising the usufruct:
a. To make an inventory of the property
b. To give a bond, EXCEPT
i. when no prejudice would result
ii. when the usufruct is reserved by the
donor or parents
iii. in cases of caucion juratoria where
the usufructuary, being unable to file
the required bond or security, files a
verified petition in the proper court
asking for the delivery of the house
and furniture necessary for himself
and his family without any bond or
security.
1) takes an oath to take care of the
things and restore them
2) property cannot be alienated or
leased because this would mean
that the usufructuary does not
need it
Effects of failure to post bond:
a. owner shall have the following options:
i. receivership of realty, sale of
movables, deposit of securities, or
investment of money; OR
ii. retention of the property as
administrator
b. the net product shall be delivered to the
usufructuary
c. usufructuary cannot collect credits due or
make investments of the capital without
the consent of the owner or of the court
until the bond is given
2. During the usufruct:
a. To take care of the property
b. To replace with the young thereof animals
that die or are lost in certain cases when
the usufruct is constituted on flock or herd
of livestock
c. To make ordinary repairs
d. To notify the owner of urgent extra
ordinary repairs
e. To permit works and improvements by the
naked owner not prejudicial to the
usufruct
f. To pay annual taxes and charges on the
fruits
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San Beda College of Law
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 patrimony
i. To secure the naked owners or courts
approval to collect credits in certain cases
j. To notify the owner of any prejudicial act
committed by third persons
k. To pay for court expenses and costs
regarding usufruct
3. At the termination of the usufruct:
a. To return the thing in usufruct to the
owner unless there is a right of retention
b. To pay legal interest on the amount spent
by the owner for extraordinary repairs or
taxes on the capital
c. To indemnify the owner for any losses
due to his negligence or of his transferees
RIGHTS OF THE OWNER DURING THE
USUFRUCT:
1. He retains title
2. He may alienate the property, but he may not:
a. alter the form or substance of the thing
b. do anything prejudicial to the usufructuary
3. He may construct buildings, make
improvements and plantings, provided:
a. the value of the usufruct is not impaired
b. the rights of the usufructuary are not
prejudiced
OBLIGATIONS OF THE OWNER AT THE
EXPIRATION OF THE USUFRUCT:
1. to make reimbursement for advances of the
usufructuary
2. to cancel the bond, upon discharge of the
usufructuarys obligations
3. to respect leases of rural lands by the
usufructuary for the balance of the agricultural
year
EXTINGUISHMENT OF USUFRUCT (PT2DERM)
1. Prescription
2. Termination of right of the person constituting
the usufruct
3. Total loss of the thing
4. Death of the usufructuary, unless contrary
intention appears
5. Expiration of the period or fulfillment of the
resolutory condition
6. Renunciation of the usufructuary
7. Merger of the usufruct and ownership in the
same person
EASEMENT OR SERVITUDE
Encumbrance imposed upon an immovable for
the benefit of a community or one or more
persons or for the benefit of another immovable
belonging to a different owner.
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b. Discontinuous Easements those

EASEMENT AND SERVITUDE which are used at intervals and depend
DISTINGUISHED upon the acts of man
EASEMENT SERVITUDE 4. As to the indication of their existence:
a. Apparent Easements those which are
Origin made known and are continually kept in
English law Roman law view by external signs that reveal the use
and enjoyment of the same
Recipient of Benefit
b. Nonapparent Easements those
always real may be real or which show no external indication of their
personal (broader) existence
5. As to duty of servient owner
CHARACTERISTICS: a. Positive the servient owner must allow
1. It is a real right but will affect third persons something to be done in his property or
only when duly registered. do it himself; also called servitudes of
2. It is enjoyed over another immovable, never intrusion and or/service
on ones own property b. Negative the servient owner must
3. It involves two neighboring estates (in case of refrain from doing something which he
real easements). could lawfully do if the easement did not
4. It is inseparable from the estate to which it is exist
attached, and, therefore, cannot be alienated
independently of the estate. EASEMENT AND LEASE DISTINGUISHED
5. It is indivisible for it is not affected by the EASEMENT LEASE
division of the estate between two or more Real right, whether Real right only when it
persons. registered or not is registered, or when
6. It is a right limited by the needs of the its subject matter is real
dominant owner or estate, without property and the
possession. duration exceeds one
7. It cannot consist in the doing of an act unless year
the act is accessory in relation to a real Imposed only on real May involve either real
easement. property or personal property
8. It is a limitation on the servient owners rights There is a limited right Limited right to both the
of ownership for the benefit of the dominant to the use of real possession and use of
owner; and, therefore, it is not presumed. property of another but anothers property
without the right of
CLASSIFICATION: possession
1. As to recipient of benefit:
a. Real/Predial when the easement is in EASEMENT AND USUFRUCT
favor of another immovable DISTINGUISHED
b. Personal when it is in favor of a EASEMENT USUFRUCT
community or of one or more persons Imposed only on real May involve either real
i. Public if it is vested in the public at property or personal property
large or in some class of Limited to particular or Includes all the uses
indeterminate individuals specific use of the and the fruits of the
ii. Private if it is vested in a servient estate property
determinate individual or certain A nonpossessory right Involves a right of
persons over an immovable possession in an
2. As to its source: immovable or movable
a. Voluntary when the easement is
Not extinguished by the Extinguished by the
established by the will or agreement of
death of the dominant death of the
the parties or by a testator
owner usufructuary
b. Legal when it is imposed by law either
for public use or in the interest of private
MODES OF ACQUISITION: (PDFAT)
persons
1. by prescription of 10 years (continuous and
c. Mixed when it is created partly by will
apparent easements)
or agreement and partly by law
a. Positive servitude - counted from the
3. As to its exercise:
day their exercise commences.
a. Continuous Easements those the use
b. Negative servitude - counted from the
of which is, or may be, incessant without
formal prohibition to the servient owner to
the intervention of any act of man
 63 |2009 CENTRALIZED BAR OPERATIONS
do any act opposed to the servitude (Art.
621). There must be a notarized
document.
2. by deed of recognition
3. by final judgment
4. by apparent sign established by the owner of
two adjoining estates, unless:
a. there are contrary stipulations or
b. the sign is effaced
5. by title
DOMINANT OWNER
Rights:
1. To exercise all the rights necessary for the
use of the easement
2. To make on the servient estate all the works
necessary for the use and preservation of the
servitude
3. To renounce the easement if he desires to
exempt himself from contribution to necessary
expenses
4. To ask for mandatory injunction to prevent
impairment of his use of the easement
Obligations:
1. Cannot render the easement or render it
more burdensome
2. Notify the servient owner of works necessary
for the use and preservation of the servitude
3. Choose the most convenient time and
manner in making the necessary works as to
cause the least inconvenience to the servient
owner
4. Contribute to the necessary expenses if there
are several dominant estates
SERVIENT OWNER
Rights:
1. To retain ownership and possession of the
servient estate
2. To make use of the easement, unless there is
agreement to the contrary
3. To change the place or manner of the
easement, provided it be equally convenient
Obligations:
1. Cannot impair the use of the easement
2. Contribute to the necessary expenses in case
he uses the easement, unless there is an
agreement to the contrary
EXTINGUISHMENT OF EASEMENTS (REMAIN
BREW)
1. Redemption agreed upon
2. Expiration of the term or fulfillment of the
resolutory condition
3. Merger of ownership of the dominant and
servient estate
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San Beda College of Law
4. Annulment of the title to the servitude
5. Permanent impossibility to use the easement
6. Nonuser for 10 years
a. discontinuous: counted from the day they
ceased to be used
b. continuous: counted from the day an act
adverse to the exercise takes place
7. Bad condition when either or both estates
fall into such a condition that the easement
could not be used
8. Resolution of the right to create the servitude,
(i.e. in case of pacto de retro, when the
property is redeemed)
9. Expropriation of the servient estate
10. Waiver by the dominant owner
LEGAL EASEMENTS
Kinds of Legal Easements:
1. Public legal easements those for public or
communal use, governed primarily by special
laws and by the Civil Code
2. Private legal easements those for the
interest of private persons or for private use;
governing law:
a. primarily by the agreement of the
interested parties;
b. in the absence thereof, by the provisions
of general or local laws and ordinances;
and
c. in default of (a) and (b), by the Civil Code
I. Easement Relating To Waters (Art. 637):
Lower estates must receive waters which are
naturally and without intervention of man
descend from higher estates including earth
or stones carried with them (Art. 637)
Limitations:
1. Dominant owner must not increase the
burden but he may erect works to avoid
erosion.
2. The servient owner must not impede the
descent of the water (but may regulate it).
II. Easement On Riparian Property (Art. 638)
III. Easement On Dam Or Weir (Art. 639)
IV. Easement For Watering Cattle (Art. 640):
This is a combined easement for drawing of
water and right of way
Requisites:
a. must be imposed for reasons of public
use
b. must be in favor of a town or village
c. indemnity must be paid
V. Easement of Aqueduct (Arts. 643646)
 San Beda College of Law MEMORY AID IN CIVIL LAW| 64

way is shortest and will cause the least

From a forced easement, by virtue of
which the owner of an estate who desires
to avail himself of water for the use of
said estate may make such waters pass
through the intermediate estate with the
obligation of indemnifying the owner of
the same and also the owner of the
estate to which the water may filter or
flow
Requisites:
1. dominant owner must prove that he has
the capacity to dispose of the water
2. that the water is sufficient for the intended
use
3. that the course is most convenient, and
least onerous to the 3rd person
4. payment of indemnity
VI. Easement For The Construction of A Stop
Lock or Sluice Gate (Art. 647)
damage should be used, even if it will not
be the shortest. The criterion of least
prejudice to the servient estate must
prevail over the criterion of shortest
distance (Quimen vs. CA, GR No.
112331, May 29, 1996).
It is the needs of the dominant property
which ultimately determine the width of
the passage, and these needs may vary
from time to time (Encarnacion vs. CA,
GR No. 76322 March 11, 1991).
The right of way for cattle should not be
more than 10 meters wide unless a
greater width was a vested right under
laws prior to the Civil Code of 1889 (Art.
657).
Special Cause of Extinction:
1. the opening of a public road, or
2. joining the dominant tenement to another
with exit on a public road

VII. Easement of Right of Way (Arts. 649657): The extinction is NOT automatic. There
The right granted to the owner of an estate must be a demand for extinction coupled
which is surrounded by other estates with tender of indemnity by the servient
belonging to other persons and without an owner.
adequate outlet to a public highway to Easement of right of way cannot be
demand that he be allowed a passageway acquired by prescription because it is
throughout such neighboring estates after discontinuous/intermittent (Ronquillo, et
payment of proper indemnity. al. vs. Roco GR No. L-10619, February
28, 1958).
Requisites:
1. Claimant must be the owner of the VIII.Easement of Party Wall (Arts. 658666)
enclosed immovable or one with real Party Wall - common wall which separates 2
right; estates built by common agreement at the
2. The dominant estate is surrounded by dividing line such that it occupies a portion of
other immovables and there must be no both estates on equal parts
adequate outlet to a public highway;
3. Right of way must be absolutely
Party Wall and Coownership Distinguished
necessary;
PARTY WALL COOWNERSHIP
4. Isolation must not be due to the
Shares of parties Shares of the co
claimants own act;
cannot be physically owners can be divided
5. Easement must be established at the
segregated but they and separated
point least prejudicial to the servient
can be physically physically but before
estate; and insofar as consistent with this
identified such division, a co
rule, where the distance from the
owner cannot point to
dominant estate to the public highway
any definite portion of
may be the shortest; and
the property as
6. Payment of proper indemnity.
belonging to him
No limitation as to None of the co
The burden of proving the existence of
use of the party wall owners may use the
the pre-requisites to validly claim a
for exclusive benefit community property
compulsory right of way lies on the owner
of a party for his exclusive
of the dominant estate (Costabella Corp.
benefit
vs. CA, GR No. 80511, Jan. 25, 1991).
Owner may free Partial renunciation is
Where the easement may be established
himself from allowed
on any of several tenements surrounding
contributing to the
the dominant estate, the one where the
cost of repairs and
 65 |2009 CENTRALIZED BAR OPERATIONS
construction of a
party wall by
renouncing all his
rights thereto
Presumptions of Existence (juris tantum):
1. in adjoining walls of buildings, up to
common elevation
2. in dividing walls of gardens and yards
(urban)
3. in dividing fences, walls and live hedges
of rural tenements
4. in ditches or drains between tenements
Rebuttal of Presumption:
1. title
2. by contrary proof:
3. by signs contrary to the existence of the
servitude (Arts. 660 & 661)
If the signs are contradictory, they cancel
each other
Rights of Part Owners:
1. to make use of the wall in proportion to
their respective interests, resting
buildings on it or inserting beams up to
onehalf of the walls thickness
2. to increase the height of the wall
a. at his expense
b. upon payment of proper indemnity
c. to acquire half interest in any
increase of thickness or height,
paying a proportionate share in the
cost of the work and of the land
covered by the increase
Obligations of Each PartOwner:
1. to contribute proportionately to the repair
and maintenance unless he renounces
his partownership
2. if one part owner raises the height of the
wall, he must:
a. bear the cost of maintenance of the
additions
b. bear the increased expenses of
preservation
c. bear the cost of construction
d. give additional land, if necessary, to
thicken the wall
IX. Easement of Light and View (Arts. 667
673)
1. Easement of Light (jus luminum) right
to admit light from the neighboring estate
by virtue of the opening of a window or
the making of certain openings.
X. Drainage of Buildings (Arts. 674676)
Requisites:
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San Beda College of Law
a. opening must not be greater than 30
centimeters square, made on the
ceiling or on the wall; and
b. there must be an iron grating
2. Easement of view (jus prospectus) the
right to make openings or windows, to
enjoy the view through the estate of
another and the power to prevent all
constructions or work which would
obstruct such view or make the same
difficult. It necessarily includes easement
of light.
Restrictions on openings in ones own wall
when contiguous (less than 2m) to anothers
tenement:
1. it cannot exceed 30cm each side
2. openings must be at the height of the
joists, near the ceiling (Choco vs.
Santamaria, GR No. 6076, December 29,
1911).
3. the abutting owner may:
a. close the openings if the wall
becomes a party wall
b. block the light by building or erecting
his own wall unless a servitude is
acquired by title or prescription
c. ask for the reduction of the opening to
the proper size
Restrictions as to views:
1. Direct views: the distance of 2m between
the wall and the boundary must be
observed
2. Oblique views: (walls perpendicular or at
an angle to the boundary line) must not
be less than 60cm from the boundary line
to the nearest edge of the window
Any stipulation permitting lesser
distances is void (Art. 673).
Modes of Acquisition
1. by title
2. by prescription
a. positive counted from the time of
the opening of the window, if it is
through a party wall
b. negative counted from the formal
prohibition on the servient owner.
Mere nonobservance of distances
prescribed by Art. 670 without formal
prohibition, does not give rise to
prescription.
 San Beda College of Law
1. Easement of drainage of buildings
the right to divert or empty the rain waters
from ones own roof or shed to the
neighbors estate either drop by drop or
through conduits
2. Easement to receive falling rain waters
deals not with legal easement but with a
voluntary easement to receive rain water
falling from the roof of an adjoining
building
3. Easement giving outlet to rain water
where house surrounded by other
houses
Requisites:
a. there must be no adequate outlet to
the rain water because the yard or
court of a house is surrounded by
other houses
b. the outlet to the water must be at the
point where egress is easiest and
establishing a conduit for drainage
c. there must be payment of proper
indemnity
XI. Intermediate Distances And Works For
Certain Constructions And Plantings (Arts.
677681)
1. Constructions: wells, sewers, etc.
a. distance is fixed by ordinances or
custom must be observed
b. protective structures prescribed by
ordinances or custom must be
erected; if none, precautions must be
taken to avoid damage to neighboring
estates
c. violation causes responsibility for
damages caused
2. Plantings:
a. distances as prescribed by
ordinances or customs must be
observed. If none:
i. for large trees: at least 2m from
boundary
ii. for shrubs: at least 50cm from the
center of the tree
b. intrusions;
i. of branches: the owner of the tree
may be compelled to cut intruding
branches at the boundary
ii. of roots: the owner of the invaded
tenement may cut them himself
at the boundary
iii. fruits falling naturally belong to
the owner of the land
XII. Easement Against Nuisance (Arts. 682-683)
XIII.Lateral and Subjacent Support (Arts. 684-
687)
MEMORY AID IN CIVIL LAW| 66
Lateral support when the supported and
supporting lands are divided by a vertical
plane
Subjacent support when the supported
land is above and the supporting land is
beneath
There exists a doubt as to whether
easements against nuisance and lateral
and subjacent support may be
categorized as legal easements (Reyes-
Puno. pp.188189).
The duty of an adjacent owner making
excavations upon his land not to deprive
any adjacent land of sufficient lateral or
subjacent support is an absolute one. It
does not depend upon the degree of care
and precaution made by the proprietor in
making the excavation or building in his
land (De Jesus, et al vs. Howmart Corp.
et al, GR No. 44191-R, August 28, 1974).
VOLUNTARY EASEMENTS (Arts. 688-693)
Constituted by the will of the parties or of a
testator.
The owner possessing capacity to encumber
property may constitute voluntary servitude.
If there are various owners, ALL must
consent; but consent once given is not
revocable.
Rules governing voluntary easements:
1. if created by title, such as contract or will,
then by such title
2. if created by prescription, by the form and
manner of possession of the easement
3. in default of any of the above, by the
provisions of the Civil Code on easements
Voluntary easements are established in favor
of:
1. predial servitudes:
a. for the owner of the dominant estate
b. for any other person having any juridical
relation with the dominant estate, if the
owner ratifies it
2. personal servitudes: for anyone capacitated
to accept
NUISANCE
Any act, omission, establishment, business or
condition of property or anything else which:
(ISAHO)
1. Injures/endangers the health or safety of
others;
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2. Shocks, defies or disregards decency or

morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of property; or
5. Obstructs or interferes with the free passage
to any public highway or street, or body of
water.
CLASSES:
1. Per se nuisance at all times and under all
circumstances regardless of location and
surrounding.
2. Per accidens nuisance by reason of
circumstances, location, or surroundings.
3. Public affects the community or a
considerable number of persons.
4. Private affects only a person or a small
number of persons.
5. Mixed nuisance may be both public and
private in character
DOCTRINE OF ATTRACTIVE NUISANCE
One who maintains on his premises dangerous
instrumentalities of a character likely to attract
children in play and who fails to exercise ordinary
care to prevent children from playing therewith or
resorting thereto is liable to a child of tender years
who is injured thereby, even if the child is
technically a trespasser in the premises.
A swimming pool or water tank is not an
attractive nuisance (Hidalgo Enterprises vs.
Balandan GR No. L-3422, June 13, 1952).
REGISTRY OF PROPERTY
REGISTRATION any entry made in a book or
public registry of deeds
Systems of registration:
1. Former registration systems
a. Spanish Mortgage Law of 1893
b. Torrens System established by the Land
Registration Act (Act No. 496)
c. Sec. 194 - Revised Administrative Code
2. Present registration system - Property
Registration Decree (PD No. 1529)
Effects of registration:
1. operates as constructive notice
2. does not validate or cure defective instrument
3. cannot bind property where it is legally
ineffective
4. does not vest title
5. rule of first in time, first in right
THEORY OF MODE AND TITLE
MODE the actual process of acquisition or
transfer of ownership over a thing in question.
This is the proximate cause of the acquisition.
TITLE - the juridical justification for the acquisition
or a transfer of ownership or other real right. This
is the remote cause of the acquisition (Acap vs.
CA, GR No. 118114, December 7, 1995)

REMEDIES AGAINST PUBLIC NUISANCE:

(PCE)
1. Prosecution under the RPC or local ordinance Different Modes and Titles of Acquiring
2. Civil Action Ownership
3. Extrajudicial Abatement MODES OF TITLES OF
ACQUIRING ACQUIRING
REMEDIES AGAINST PRIVATE NUISANCE: OWNERSHIP OWNERSHIP
(CE) Original Modes
1. Civil Action Occupation Condition of being
2. Extrajudicial Abatement without known owner
Work which includes Creation, discovery or
Note: The action to abate a public/private Intellectual creation invention
nuisance is NOT extinguished by prescription. Derivative Modes
Law Existence of required
EXTRAJUDICIAL ABATEMENT conditions
Requisites: Tradition Contract of the parties
1. nuisance must be specially injurious to the Donation Contract of the parties
person affected; Prescription Possession in the
2. no breach of peace or unnecessary injury concept of owner
must be committed; Succession Death
3. prior demand;
4. prior demand has been rejected; TRADITION/ DELIVERY - a mode of acquiring
5. approval by district health officer and ownership as a consequence of certain contracts,
assistance of local police; and by virtue of which, the object is placed in the
6. value of destruction does not exceed P3,000.

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 San Beda College of Law
control and possession of the transferee, actually
or constructively.
Requisites:
1. Right transmitted should have previously
existed in the patrimony of the grantor;
2. Transmission should be by just title;
3. Grantor and grantee should have intention
and capacity to transmit and acquire; and
4. Transmission should be manifested by some
act which should be physical, symbolical or
legal.
Kinds:
1. Real Tradition actual delivery
2. Constructive Tradition
a. traditio symbolica parties make use of a
token or symbol to represent the thing
delivered
b. traditio longa manu by mere consent of
the parties if the thing sold cannot be
transferred to the possession of the
vendee at the time of the sale
c. traditio brevi manu when the vendee
already has possession of the thing sold
by virtue of another title
d. traditio constitutum possessorium when
the vendor continues in possession of the
thing sold not as owner but in some other
capacity
3. Quasitradition exercise of the right of the
grantee with the consent of the grantor
4. Tradicion por ministerio de la ley delivery
by operation of law
5. Tradition by public instrument the
execution is equivalent to the delivery of the
thing, object of the contract
OCCUPATION
A mode of acquiring ownership by the seizure of
corporeal things that have no owner, with the
intention of acquiring them, and according to the
rules laid down by law
REQUISITES:
1. There must be seizure of a thing;
2. The thing seized must be corporeal personal
property;
3. The thing must be susceptible of
appropriation by nature;
4. The thing must be without an owner;
5. There must be an intention to appropriate;
and
6. Requisites laid down by law must be complied
with.
SPECIFIC INSTANCES:
1. hunting and fishing
MEMORY AID IN CIVIL LAW| 68
2. finding of movables which do not have an
owner
3. finding of abandoned movables
4. finding of hidden treasure
5. catching of swarm of bees that has escaped
from its owner, under certain conditions
6. catching of domesticated animals that have
escaped from their owners, under certain
conditions
7. catching of pigeons without fraud or artifice
8. transfer of fish to another breeding place
without fraud or artifice
A thing that has been lost or taken by force is
not ipso facto converted to res nullius for it to
belong to the person who takes possession of
the same without the necessity of proving the
mode of his acquisition and it may thus be
recovered by the original owner (See Art.
559). Such thing cannot be acquired by
prescription even if extraordinary.
Land cannot be the object of occupation
because when land is without an owner, it
pertains to the State (Report of Code
Commission). The State need not acquire
abandoned lands by occupation because
once the requisites of abandonment had been
fulfilled; reversion operates automatically
(Pineda, 497).
DONATION
An act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another
who accepts it (Art. 725)
REQUISITES: (CIDA)
1. donor must have capacity to make the
donation
2. he must have donative intent (animus
donandi)
3. there must be delivery
4. donee must accept or consent to the donation
ESSENTIAL FEATURES/ELEMENTS OF A
TRUE DONATION:
1. Alienation of property by the donor during his
lifetime, which is accepted
2. Irrevocability by the donor
3. Animus Donandi
4. Consequent impoverishment of the donor
CLASSIFICATION:
1. As to effectivity:
a. inter vivos
b. mortis causa
c. propter nuptias
2. As to perfection/ extinguishment:
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a. pure Valid if donor survives Void if donor survives

b. with a condition done done
c. with a term Generally irrevocable Always revocable at
3. As to consideration: during donors lifetime anytime and for any
a. simple gratuitous except for grounds reason before the
b. remuneratory or compensatory made provided by law (Arts. donors death
on account of donees merits 760, 765)
c. modal imposes upon the donee a Must comply with the Must comply with the
burden which is less than the value of the formalities required by formalities required by
thing donated Arts. 748 and 749 of law for the execution of
d. onerous imposes upon the done a the Code wills
reciprocal obligation or, to be more Must be accepted by Can only be accepted
precise, this is the kind of donation made the donee during his after the donors death
for a valuable consideration, the cost of lifetime
which is equal to or more than the thing Subject to donors tax Subject to estate tax
donated (Republic vs. Silim, GR No.
149487, April 2, 2001) The title given to a Deed of Donation is NOT
the determinative factor which makes the
A stipulation in the donation that it was made donation inter vivos or mortis causa.
for and in consideration of the love and Whether a donation is inter vivos or mortis
affection which the Donee inspires in the causa depends upon the nature of the
Donor, and as an act of liberality and disposition made (Reyes vs. Mosqueda, GR
generosity is sufficient cause for a donation No. 45262, July 23, 1990).
(Quilala vs. Alcantara, GR No. 132681, Art. 729 speaks of donations in praesenti
December 3, 2001). which take effect during the lifetime of the
donor but the property shall be delivered only
after the donors death. Such donations are
inter vivos although the subject matter is not
delivered at once, or the delivery is to be
made post mortem, which is a simple matter
DONATION INTER VIVOS AND DONATION of form and does not change the nature of the
MORTIS CAUSA DISTINGUISHED act (Vita vs. Montanano GR No. L-50553,
DONATION INTER DONATION MORTIS February 19, 1991).
VIVOS CAUSA
Takes effect Takes effect upon the DONATIONS PROHIBITED BY LAW:
independently of the death of the donor 1. Made by persons guilty of adultery or
donors death concubinage at the time of donation;
Made out of donors Made in contemplation 2. Made between persons found guilty of the
pure generosity of his death without the same criminal offense in consideration
intention to lose the thereof;
thing or its free disposal 3. Made to a public officer or his/her spouse,
in case of survival descendants or ascendants in consideration
Title conveyed to the Title conveyed upon of his/her office;
donee before the donors death 4. Made to the priest who heard the confession
donors death of the donor during the latters last illness, or
Valid if donor survives Void if donor survives the minister of the gospel who extended
done done spiritual aid to him during the same period;
Donation Inter Vivos Donation Mortis Causa 5. Made to relatives of such priest, etc. within
Takes effect Takes effect upon the the 4th degree, or to the church to which such
independently of the death of the donor priest belongs;
donors death 6. Made by a ward to the guardian before the
Made out of donors Made in contemplation approval of accounts;
pure generosity of his death without the 7. Made to an attesting witness to the execution
intention to lose the of donation, if there is any, or to the spouse,
thing or its free disposal parents, or children, or anyone claiming under
in case of survival them.
Title conveyed to the Title conveyed upon 8. Made to a physician, surgeon, nurse, health
donee before the donors death officer or druggist who took care of the donor
donors death during his/her last illness;

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 San Beda College of Law
9. Made by individuals, associations or
corporations not permitted by law to make
donations; and
10. Made by spouses to each other during the
marriage or to persons of whom the other
spouse is a presumptive heir.
FORMS OF DONATIONS:
1. Donations of movable property:
a. If donation is oral, simultaneous delivery
of property donated is required if the
value is P5,000.00 or less. Acceptance
may be oral or written.
b. If donation is in writing, simultaneous
delivery of property donated is not
required regardless of value. Acceptance
may be oral or written.
c. If the value exceeds P5,000.00, the
donation and acceptance must be in
writing. Simultaneous delivery of property
donated is not required.
2. Donation of immovable property:
a. must be in a public instrument specifying
the property donated and the burdens
assumed by donee, regardless of value
b. acceptance must be either:
i. in the same instrument
ii. in another public instrument, notified
to the donor in authentic form, and
noted in both deeds
Expression of gratitude to the donor without
express acceptance was held a sufficient
acceptance (Cuevas vs. Cuevas GR No. L-
8327, December 14, 1955).
LIMITATIONS ON DONATION OF PROPERTY:
1. Future property cannot be donated.
2. Present property that can be donated:
a. if the donor has forced heirs: he cannot
give or receive by donation more than
what he can give or receive by will; and
b. if the donor has no forced heirs: donation
may include all present property provided
he reserves in full ownership or in
usufruct:
i. the amount necessary to support him
and those relatives entitled to support
from him
ii. property sufficient to pay the donors
debt contracted prior to the donation.
3. Donation should not prejudice creditors.
4. Donee must reserve sufficient means for his
support and for his relatives which are
entitled to be supported by him.
EFFECTS OF DONATION:
1. donee may demand the delivery of the thing
donated
MEMORY AID IN CIVIL LAW| 70
2. donee is subrogated to the rights of the donor
in the property
3. in donations propter nuptias, the donor must
release the property from encumbrances,
except servitudes
4. donors warranty exists if
a. expressed
b. donation is propter nuptias
c. donation is onerous
d. donor is in bad faith
5. when the donation is made to several donees
jointly, they are entitled to equal portions,
without accretion, unless the contrary is
stipulated
PAYMENT OF THE DONORS DEBT BY THE
DONEE:
1. If there is express stipulation: the donee is
to pay only debts contracted before the
donation, if not otherwise specified; but the
donee answers only up to the value of the
property donated, if no stipulation is made to
the contrary
2. If there is no stipulation: the donee is
answerable for the debts of the donor only in
case of fraud against creditors.
GROUNDS FOR REVOCATION OF DONATION:
1. birth, appearance, or adoption of a child
2. non-fulfillment of a resolutory condition
3. ingratitude of the donee
Acts of Ingratitude (Art. 765)
a. If the donee should commit some offense
against the person, the honor or property
of the donor, or of his wife or children
under his parental authority;
b. He imputes to the donor any criminal
offense, or any act involving moral
turpitude, even though he should prove it,
unless the crime or the act has been
committed against the donee himself, his
wife or children under his authority; and
c. He unduly refuses him support when the
donee is legally or morally bound to give
support to the donor.
GROUNDS FOR REDUCTION OF DONATION:
1. birth, appearance, or adoption of a child
2. failure of the donor to reserve sufficient
means for support of himself or dependent
relatives
3. failure of the donor to reserve sufficient
property to pay off his existing debts
4. inofficiousness, that is, the donation exceeds
that which the donor can give by will
If a Deed of Donation expressly provides for
automatic reversion of the property donated in
case of violation of a condition therein, a
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judicial declaration revoking the same is not real rights personal

necessary. The rules on contracts and the vests ownership or produces the
general rules on prescription (10 years to other real rights in the extinction of rights or
recover in case of written contracts) should occupant bars a right of action
apply and not the 4 year prescriptive period results in the results in the loss of a
under Art. 764 of the Civil Code (Roman acquisition of real or personal right,
Catholic Archbishop of Manila vs. CA, GR No. ownership or other or bars the cause of
77425, June 19, 1991). real rights in a person action to enforce said
as well as the loss of right
PRESCRIPTION said ownership or real
rights in another
CONCEPT: it is a means of acquiring ownership can be proven under should be
and other real rights or losing rights or actions to the general issue affirmatively pleaded
enforce such rights through the lapse of time. without its being and proved to bar the
affirmatively pleaded action or claim of the
KINDS: adverse party
1. Acquisitive prescription one acquires
ownership and other real rights through the LACHES failure or neglect for an unreasonable
lapse of time in the manner and under the and unexplained length of time, to do that which,
conditions laid down by law. by exercising due diligence, one could or should
a. Ordinary acquisitive prescription: requires have done earlier.
possession of things in good faith and
with just title for the time fixed by law PERSONS AGAINST WHOM PRESCRIPTION
b. Extraordinary acquisitive prescription: RUNS:
acquisition of ownership and other real 1. Minors and other incapacitated persons who
rights without need of title or of good faith have parents, guardians or other legal
or any other condition representatives
2. Absentees who have administrators
Requisites: 3. Persons living abroad who have managers or
a. capacity to acquire by prescription administrators
b. a thing capable of acquisition by 4. Juridical persons, except the state and its
prescription subdivision
c. possession of thing under certain PERSONS AGAINST WHOM PRESCRIPTION
conditions DOES NOT RUN:
d. lapse of time provided by law 1. Between husband and wife, even though
there be separation of property agreed upon
2. Extinctive Prescription rights and actions in the marriage settlements or by judicial
are lost through the lapse of time in the decree.
manner and under the conditions laid down 2. Between parents and children, during the
by law; also called limitation of actions minority or insanity of the latter
3. Between guardian and ward during the
Acquisitive and Extinctive Prescription continuance of the guardianship
Distinguished
ACQUISITIVE EXTINCTIVE
PRESCRIPTION PRESCRIPTION
relationship between one does not look to
the occupant and the the act of the PERIOD OF PRESCRIPTION
land in terms of possessor but to the MOVABLES IMMOVABLES
possession is capable neglect of the owner Good Faith
of producing legal
consequences; it is 4 years 10 years
the possessor who is Bad Faith
the actor
8 years 30 years
requires possession requires inaction of
by a claimant who is the owner or neglect
not the owner of one with a right to Rules on Computation of Period:
bring his action 1. The present possessor may complete the
applicable to applies to all kinds of period necessary for prescription by tacking
ownership and other rights, whether real or his possession to that of his grantor or
predecessor.

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2. It is presumed that the present possessor

who was also the possessor at a previous
time, has continued to be in possession
during the intervening time, unless there is
proof to the contrary.
3. The first day shall be excluded and the last
day included.