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26 2005 CENTRALIZED BAR OPERATIONS
PROPERTY
PROPERTY their owner has placed or preserved
All things which are, or may be the them, with the intention to have
object of appropriation them permanently attached to the
land, and forming a permanent part
Requisites: (USA) of it; the animals in those places are
1. utility included;
2. substantivity or individuality 8. fertilizer actually used on a piece of
3. appropriability land;
9. mines, quarries and slag dumps,
I. while the matter thereof forms part
A. IMMOVABLE PROPERTIES of the bed, and waters either
1. land, buildings, roads and running or stagnant;
constructions of all kinds adhered to 10. docks and structures which, though
the soil; floating, are intended by their
2. trees, plants and growing fruits, nature and object to remain at a
while they are attached to the land fixed place on a river, lake or coast;
or form an integral part of an and
immovable; 11. contracts for public works, and
3. everything attached to an servitudes and other real rights over
immovable in a fixed manner in such immovable property
a way that it cannot be separated
therefrom without breaking the Categories: (NIDA)
material or deterioration of the 1. Real by nature it cannot be
object; carried from place to place
4. statues, reliefs, paintings or other (pars. 1 & 8, Art. 415, Civil
objects for use or ornamentation, Code)
placed in buildings or on lands by the 2. Real by incorporation attached
owner of the immovable in such a to an immovable in a fixed
manner that it reveals the intention manner to be an integral part
to attach them permanently to the thereof (pars. 1-3 Art. 415, Civil
tenements; Code)
5. machinery, receptacles, instruments 3. Real by destination placed in a
or implements intended by the n immovable for the utility it
owner of the tenement for an gives to the activity carried
industry or works which may be thereon (pars. 4-7 and 9 Art.
carried on in a building or on a piece 415, Civil Code)
of land, and which tend directly to 4. By analogy it is so classified by
meet the needs of the said industry express provision of law (par. 10,
or works; Art. 415, Civil Code)
Requisites:
a. made by owner B.MOVABLE PROPERTIES
b. industry or works carried on
building or on land 1. those movables susceptible of
c. machines, etc must tend directly appropriation which are not included
to meet needs of the industry or in the preceding article;
works 2. real property which by any special
d. machines, etc. must be essential provision of law is considered as
and principal elements of the personalty;
industry. 3. forces of nature which are brought
6. animal houses, pigeon-houses, under control of science;
7. beehives, fishponds or breeding 4. in general, all things which can be
places of similar nature, in case transported from place to place
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
San Beda College of Law 27
MEMORY AID IN CIVIL LAW
without impairment of the real 1) They continue to be regarded

property to which they are fixed; as immovables.
5. obligations and actions which have 2) Fact of separation determines
for their object movables or the condition of the objects
demandable sums; and thus recovering their condition
6. shares of stock of agricultural, as movables.
commercial and industrial entities, * the latter view is supported by
although they have real estate. Paras and Tolentino who maintains
that the failure of the codifiers to
TESTS: reproduce the provision of the
a) By exclusion: movables are partidas on the matter is an
everything not included in Art. 415. indication that they did not intend
b) By description: an object is movable the rule to continue.
if it possesses: f) A building that is to be sold or
1) Ability to change location mortgaged and which would be
2) Without substantial injury to the immediately demolished may be
immovable to which it is considered personal property and the
attached. sale or mortgage thereof would be a sale
of chattel, or a chattel mortgage
Important Doctrines/principles on respectively, for the true object of the
immovable and movable properties: contract would be the materials.
a) A Building is an immovable even if
not erected by the owner of the II.
land. The only criterion is union or A. PROPERTY OF PUBLIC DOMINION
incorporation with the soil. (Ladera Concept: It is not owned by the
vs. Hodges, 48 O.G. 4374). state but pertains to the state,
b) Parties to a contract may by which, as territorial sovereign
agreement treat as personal exercises certain juridical
properties that which by nature prerogatives over such property.
would be real property; and it is a The ownership of such properties is
familiar phenomenon to see things in the social group, whether
classes as real property for purposes national, provincial or municipal.
of taxation which on general Purpose: To serve the citizens and
principle might be considered not the state as a juridical person.
personal property (Standard Oil Co. Kinds:
vs. Jaranillo, 44 Phil 631). 1. Those intended for public use
c) For purposes of attachment and 2. Those which are not for public
execution and for purposes of the use but intended for public
Chattel Mortgage Law, ungathered service
products have the nature of personal 3. Those intended for the
property. (Sibal vs. Valdez, 50 Phil, development of the national
512). wealth
d) The human body, whether alive or CHARACTERISTICS:
dead, is neither real nor personal 1. Outside the commerce of man
property, for it is not even property 2. Inalienable. But when no longer
at all, in that it generally cannot be needed for public use or service,
appropriated. Under certain may be declared patrimonial
conditions, the body of a person or property. In Laurel vs. Garcia
parts thereof may be subject matter (187 SCRA 797), the Supreme
of a transaction. (See RA No. 349, RA Court held that whether or not
No. 7170, RA No. 7719). the Roppongi and related
e) What is the effect of temporary properties will eventually be sold
separation of movables from the is a policy determination where
immovables to which they have been both the President and Congress
attached? must concur.
2 Views:
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
3. Cannot be acquired by the State and any of its political

prescription subdivisions which are patrimonial in
4. Not subject to attachment or nature
execution Muebles or furniture generally has
5. Cannot be burdened with for its principal object the furnishing
easements or ornamenting of a building. Note
that there are exceptions to this
NOTE: They cannot be registered under definition and are generally not
the land registration law and be the included as furniture unless the law
subject of a Torrens title. The character or the individuals declaration
of public property is not affected by include them.
possession or even a Torrens Title in
favor of private persons. (Palanca vs. OWNERSHIP
Commonwealth, 69 Phil. 449). The right to enjoy, dispose, and
recover a thing without further
B. PATRIMONIAL PROPERTY OF THE limitations than those established by
STATE law or the will of the owner.
Property of the State owned by it in
its private or proprietary capacity. Rights included:
the state has the same rights over 1. Right to enjoy: (PUFA)
this kind of property as a private a) to possess (jus possidendi)
individual in relation to his own b) to use (jus utendi)
private property c) to the fruits (jus fruendi)
and accessions
C. PROPERTY OF LOCAL GOVERNMENT d) to abuse (jus abutendi)
UNITS (LGUs) 2. Right to dispose: (DATE)
1. Property for public use consist of a) to destroy
roads, streets, squares, fountains, b) to alienate
public waters, promenades and c) to transform
public works for public service paid d) to encumber
for by the LGUs 3. Right to vindicate: (RP)
2. Patrimonial Property all other a) pursuit
property possessed by LGUs without b) recovery
prejudice to provisions of special 4. Right to exclude: (ER)
laws a) to enclose, fence and delimit
b) to repel intrusions even with
NOTE: In the case of Province of force
Zamboanga Del Norte vs. City of
Zamboanga, the Supreme Court Characteristics: (EGEIP)
categorically stated that this court is 1. Ownership is Elastic power/s may
not inclined to hold that municipal be reduced and thereafter
property held and devoted to public automatically recovered upon the
service is in the same category as cessation of the limiting rights.
ordinary private property. The 2. General the right to make use of
classification of municipal property all the possibilities or utility of the
devoted for distinctly governmental thing owned, except those attached
purposes as public should prevail over to other real rights existing thereon.
the Civil Code in this particular case. 3. Exclusive there can only be one
Here, the Law of Municipal Corporations ownership over a thing at a time.
was considered as a special law in the There may be two or more owners
context of Article 424 of the NCC. but ONLY ONE ownership.
4. Independence It exists without
D. PROPERTY OF PRIVATE OWNERSHIP necessity of any other right
refers to all property belonging to 5. Perpetuity ownership lasts as long
private persons either individually or as the thing exists. It cannot be
collectively and those belonging to extinguished by non user but only by

Ethics)
adverse possession. 2. Real Property:

Limitations: a. ACCION INTERDICTAL
1. General limitations imposed by the Nature: summary action to
State for its benefit recover physical or material
2. Specific limitations imposed by law possession only. It consists of
3. Limitations imposed by the party the summary actions of:
transmitting the property either by 1. Forcible entry
contract or by will Action for recovery of
4. Limitations imposed by the owner material possession of real
himself property when a person
5. Inherent limitations arising from originally in possession was
conflict with other rights deprived thereof by force,
intimidation, strategy,
De Facto case of Eminent Domain threat or stealth
expropriation resulting from the 2. Unlawful Detainer
actions of nature as in one case Action for recovery of
where land becomes part of one sea. possession of any land or
The owner loses his property in favor building by landlord, vendor,
of the state without any vendee, or other person
compensation. against whom the possession
of the same was unlawfully
Principle of Self-Help withheld after the expiration
right of the owner or lawful or termination of the right to
possessor to exclude any person from hold possession, by virtue of
the enjoyment and disposal of the any contract.
property by the use of such force as
may be necessary to repel or prevent Forcible Entry Unlawful
actual or threatened unlawful Detainer
physical invasion or usurpation of his As to when possession became unlawful
property. Possession of the Possession is
Requisites: (RONA) defendant is inceptively lawful
1. reasonable force unlawful from the but becomes illegal
2. owner or lawful possessor is the beginning as he from the time
person who will exercise acquires defendant
possession by unlawfully
3. no delay in ones exercise Force, withholds
4. actual or threatened physical intimidation, possession after
invasion or usurpation strategy, threat the expiration or
or stealth termination of his
GENERAL RULE: A person cannot right thereto.
interfere with the right of ownership of As to the necessity of demand
another. No previous Demand is
EXCEPTION: Doctrine of Incomplete demand for the jurisdictional if the
Privilege or State of Necessity (Article defendant to ground is non-
432) vacate is payment of rentals
necessary or failure to
Requisites: (ID)
comply with the
1. Interference necessary lease contract
2. Damage to another much greater
than damage to property As to necessity of proof of prior
physical possession
LEGAL REMEDIES TO RECOVER Plaintiff must Plaintiff need not
POSSESSION OF ONES PROPERTY prove that he was have been in prior
1. Personal property: Replevin in prior physical physical possession
REPLEVIN - remedy when the possession of the
complaint prays for the recovery of premises until he
was deprived
the possession of personal property.
thereof by the
CIVIL LAW COMMITTEE

defendant 5. The finder is not an agent of the

As to when the 1 year period is counted landowner;
from 6. The finder is not married under
1 year period is 1 year period is the absolute community or the
generally counted counted from the conjugal partnership system
from the date of date of last (otherwise his share belongs to
actual entry on demand or last
the land letter of demand
the community).
ACCESSION
b. ACCION PUBLICIANA
The right by virtue of which the
Nature: Ordinary civil
owner of a thing becomes the owner
proceeding to recover the better
of everything that it may produce or
right of possession, except in
which may be inseparably united or
cases of forcible entry and
incorporated thereto, either
unlawful detainer. The involved
naturally or artificially.
is not possession de facto but
possession de jure.
Classifications:
1. Accession Discreta the right
c. ACCION REIVINDICATORIA
pertaining to the owner of a thing over
Nature: action to recover real
everything produced thereby
property based on ownership.
Here, the object is the recovery
Kinds of Fruits
of the dominion over the
a. natural fruits spontaneous
property as owner.
products of the soil and the
Requisites:
young and other products of
1. Identity of the Property
animals
2. Plaintiffs title to the
b. industrial fruits those produced
property
by lands of any kind through
cultivation or labor
Surface Rights
c. civil fruits rents of buildings,
The owner of parcel of land is the
price of leases or lands and the
owner of its surface and everything
amount of perpetual or life
under it.
annuities or other similar income
The economic utility which such
space or subsoil offers to the owner
of the surface sets the limit of the GENERAL RULE: To the owner
owners right to the same. belongs the natural, industrial, and
civil fruits.
HIDDEN TREASURE EXCEPTIONS: If the thing is: (PULA)
Definition: any hidden or unknown a) in possession of a possessor in
deposit of money, jewelry or other good faith;
precious objects, the lawful b) subject to a usufruct;
ownership of which does not appear. c) leased or pledged; or
GENERAL RULE: It belongs to the d) in possession of an antichretic
owner of the land, building or other creditor
property on which it is found.
EXCEPTIONS: The finder is entitled to 2. Accession Continua the right
provided: pertaining to the owner of a thing over
1. Discovery was made on the everything that is incorporated or
property of another, or of the attached thereto either naturally or
state or any of its political artificially; by external forces.
subdivisions; a. With respect to real property
2. The finding was made by chance; i. accession industrial
3. The finder is not a co-owner of building, planting or sowing
the property where it is found; ii. accession natural
4. The finder is not a trespasser; alluvium, avulsion, change

Ethics)
of river course, and e) The provision on indemnity in Art.

formation of islands 448 may be applied by analogy
b. With respect to personal considering that the primary intent
property of the law is to avoid a state of
i. adjunction or conjuction forced co-ownership especially
ii. commixtion or confusion where the parties in the main agree
iii specification that Articles 448 and 546 are
applicable and indemnity for the
Basic Principles: (GONE BAD) improvements may be paid although
1. He who is in good faith may be held they differ as to the basis of the
responsible but will not be indemnity. (Pecson vs. CA 244 SCRA
penalized. 407).
2. To the owner of a thing belongs the
extension or increase of such thing. ACCESSION NATURAL
3. Bad faith of one party neutralizes 1. Alluvion or alluvium increment
the bad faith of the other. which lands abutting rivers gradually
4. There should be no unjust receive as a result of the current of
enrichment at the expense of others. the waters.
5. Bad faith involves liability for Concept: it is the gradual
damages. deposit of sediment by the
6. Accessory follows the principal. natural action of a current of
7. Accession exists only if the fresh water (not sea water, the
incorporation is such that separation original identity of the deposit
would either seriously damage the being lost.
thing or diminish its value.
Requisites:
Right of Accession with respect to a) the deposit be gradual and
Immovable Property imperceptible
NOTE: See TABLES b) that it be made through the
effects of the current of the
Important Doctrines/Principles: water
a) Under Art 448, the landowner may c) that the land where accretion
not refuse both to pay for the takes place is adjacent to the
building and to sell the land and banks of the river.
instead seek to compel the owner of NOTES:
the building to remove the building The owners of the lands adjoining
from the land. He is entitled to such the banks of the river (riparian
removal ONLY when, after having lands) shall own the accretion which
chosen to sell the land, the other they gradually receive.
party fails to pay for said land. Accretion operates ipso jure.
(Ignacio vs. Hilario, 76 Phil. 605) However, the additional area is not
b) Should no other arrangement be covered by a Torrens title and the
agreed upon, the owner of the land riparian owner must register the
does not automatically become the additional area.
owner of the improvement.
(Filipinas Colleges, Inc. vs. Timbang, Doctrines:
106 Phil. 247) a) Where the deposit is by sea
c) Article 448 is not applicable where a water, it belongs to the state
person constructs a house on his own b) A gradual change of bed is also
land and then sells the land, not the governed by the rules of
building. (Coleongco vs. Regalado, alluvium (Canas vs. Tuason 5
27 Phil 387) Phil. 689)
d) Article 448 does not apply to cases
which are governed by other 2. Avulsion the transfer of a known
provisions of law such as co- portion of land from one tenement
ownership, usufruct, agency, lease. to another by the force of the
CIVIL LAW COMMITTEE

current. The portion of land must NOTES:

be such that it can be identified as Once the river bed has been
coming from a definite tenement. abandoned, the owners of the
invaded land become owners of the
Requisites: abandoned bed to the extent
a) The segregation and transfer provided by this article. No positive
must be caused by the current of act is needed on their part, as it is
a river, creek or torrent. subject thereto ipso jure from the
b) The segregation and transfer moment the mode of acquisition
must be sudden or abrupt becomes evident.
c) The portion of land transported It does not apply to cases where the
must be known or identified river simply dries up because there
are no persons whose lands are
NOTES: occupied by the waters of the river.
The owner must remove the
transported portion within two years 4. Formation of Islands
to retain ownership RULES ON OWNERSHIP
In case of uprooted trees, the owner a. If formed by the sea:
retains ownership if he makes a 1) within territorial waters -
claim within 6 months. This refers State
only to uprooted trees and does not 2) outside territorial waters
include trees which remain planted to the first occupant
on a known portion of land carried b. If formed in lakes, or navigable or
by the force of the waters. In this floatable rivers - State
latter case, the trees are regarded c. If formed on non-navigable or
as accessions of the land through non-floatable rivers:
gradual changes in the course of 1) if nearer to one margin or
adjoining stream. (Payatas vs. bank to the nearer reparian
Tuazon) owner
Registration under the Torrens 2) if equidistant from both
system does not protect the riparian banks- to the reparian
owner against diminution of the area owners, by halves.
of his land through gradual changes NOTE: There is no accession when
in the course of adjoining stream islands are formed by the branching of a
(Payatas vs. Tuazon). river; the owner retains ownership of the
isolated piece of land.
Alluvium Avulsion
1. gradual and 1. sudden or Right of Accession with respect to
imperceptible abrupt process movable property
2. soil cannot be 2. identifiable and Basic Principle: Accession exists
identified verifiable only if separation is not feasible.
3. belongs to the 3. belongs to the Otherwise, separation may be
owner of the owner from whose demanded.
property to which property it was
it is attached detached
KINDS (accession continua as to
4. merely an 4. detachment fol-
movables):
attach-ment lowed by
attachment 1. Adjunction
the union of two things
3. Change of course of rivers belonging to different owners, in
Requisites: such a manner that they cannot
a) There must be a natural change be separated without injury,
in the course of the waters of thereby forming a single object.
the river Requisites
b) The change must be abrupt or a) the two things must belong to
sudden different owners
b) that they form a single object,

Ethics)
or that their separation would an interest in proportion to the

impair their nature value of his material
Kinds: b. By one owner in good faith:
a. inclusion or engraftment apply rule(a)
b. soldadura or soldering c. By one owner in bad faith:
c. escritura or writing i) he loses all his rights to his
d. pintura or painting own material
e. tejido or weaving ii) he is liable for damages
Tests to determine principal:
a. the rule of importance and 3. Specification
purpose It is the transformation of anothers
b. that of greater value material by the application of labor.
c. that of greater volume The material becomes a thing of
d. that of greater merits different kind.
Labor is the principal
Rules:
a) Adjunction in good faith by either
Rules:
owner:
a) Owner of the principal (worker)
: accessory follows
in good faith:
the principal.
i) maker acquires the new
if the accessory is
thing
much more precious than the
ii) he must indemnify the owner
principal, the owner of the accessory
of the material
may demand the separation even if
: if the material is
the principal suffers some injury
more valuable than the resulting
b) Adjunction in bad faith by the
thing, the owner of the material
owner of the principal
has the option:
option of the owner of the
1) to acquire the work,
accessory:
indemnifying for the labor,
i) to recover the value plus
or
damages
2) to demand indemnity for the
ii) to demand separation plus
material
damages
b) owner of the principal (worker)
c) Adjunction in bad faith by the
in bad faith: the owner of the
owner of the accessory
material has the option:
i) he loses the accessory
i) to acquire the result without
ii) he is liable for damages
indemnity
When separation of things ii) to demand indemnity for the
allowed: material plus damages
a. separation without injury c) Owner of the material in bad
b. accessory is more precious faith
than the principal i) he loses the material
c. owner of the principal acted ii) he is liable for damages
in bad faith
2. Mixture Adjunction Mixture Specification
Union of materials where the 1. Involves Involves at May involve
components lose their identity. at least 2 least 2 one thing (or
Kinds: things things more) but
a. Commixtion mixture of form is
solids changed
b. Confusion mixture of 2. Accessory Co- Accessory
liquids follows the ownership follows the
principal results principal
Rules:
a. By the will of both owners or by
accident: each owner acquires
CIVIL LAW COMMITTEE

3. Things Things The new The action to quiet title does not
joined retain mixed or object retains apply:
their nature confused or preserves a) to questions involving
may either the nature of interpretation of documents
retain or the original
b) to mere written or oral
lose their object.
respective assertions of claims; EXCEPT:
natures i) if made in a legal proceeding
ii) if it is being asserted that
QUIETING OF TITLE the instrument or entry in
It is an equitable action in rem to plaintiffs favor is not what
determine the condition of the it purports to be
ownership or the rights to c) to boundary disputes
immovable property, and remove d) to deeds by strangers to the title
doubts thereon. UNLESS purporting to convey the
property of the plaintiff
Requisites: e) to instruments invalid on their
1. plaintiff must have a legal or face
equitable title to, or interest in the f) where the validity of the
real property which is the subject instrument involves pure
matter of the action; questions of law
2. there must be a cloud in such title;
3. such cloud must be due to some Ruinous Buildings and Trees in Danger
instrument, record, claim, of Falling:
encumbrance or proceeding which is As to buildings the owners is
apparently valid but is in truth obliged to demolish or execute
invalid, ineffective, voidable or necessary work to prevent the
unenforceable, and is prejudicial to building from falling. Should he fail
the plaintiffs title; and to do so, the authorities shall order
4. plaintiff must return to the its demolition at the expense of the
defendant all benefits he may have owner, or take measures to insure
received from the latter, or public safety.
reimburse him for expenses that may The complainant must show that his
have redounded to his benefit. property is adjacent to the
dangerous construction, or must
Prescriptive Period: have to pass by necessity in the
1. plaintiff in possession immediate vicinity.
imprescriptible The owner is responsible for
2. plaintiff not in possession 10 damages to others due to lack of
(ordinary) or 30 years (extraordinary) necessary repairs. However, if the
damage is caused by defects in the
Action to quiet Action to construction, then the builder is
title remove a cloud responsible for the damages.
on title
PURPOSE CO-OWNERSHIP
to put an end to to remove a Definition: the right of common
troublesome possible foundation dominion which two or more persons
litigation in for a future hostile have in a spiritual part of a thing
respect to the claim which is not physically divided.
property involved
Concept: co-ownership exists where
NATURE OF THE ACTION
the ownership of a thing physically
remedial action Preventive action
involving a present to prevent a future undivided pertains to more than one
adverse claim cloud on the title person.

Ethics)
Characteristics: 8. no public 8. May be made in

a) plurality of subjects (the co- instrument needed any form except
owners) even if real property when real property is
b) there is a single object which is is the object of the contributed
co-ownership
not materially divided
9. An agreement to 9. There may be
c) there is no mutual keep the thing agreement as to a
representation by the co-owners undivided for a definite term without
d) it exist for the common period of more than limit set by law
enjoyment of the co-owners 10 years is void
e) it has no distinct legal
personality Rules:
f) it is governed first of all by the 1. Rights of each co-owner as to the
contract of the parties; thing owned in common: USBRAP-
otherwise, by special legal LDP
provisions, and in default of such a) To use the thing owned in
provisions, by the provisions of common
Title III on co-ownership Limitations:
i) use according to the purpose
Sources: for which it was intended
1. Law ii) interest of the co-ownership
2. Contract must not be prejudiced
3. Chance iii) other co-owners must not be
4. Occupation prevented from using it
5. Succession according to their own
6. Testamentary disposition or rights
donation inter vivos b) To share in the benefits and
charges in proportion to the
Co-ownership Partnership interest of each.
1. Can be created 1. Can be created NOTE: Any stipulation to the
without the only by contract, contrary is void.
formalities of a express or implied c) To the benefits of prescription:
contract prescription by one co-owner
2. Has no juridical or 2. Has juridical benefits all.
legal personality personality distinct d) Repairs and taxes: to compel the
from the partners
others to share in the expenses
3. Purpose is 3. Purpose is to
collective enjoyment obtain profits of preservation even if incurred
of the thing without prior notice.
4. Co-owner can 4. A partner, unless NOTE: The co-owner being
dispose of his shares authorized cannot compelled may exempt himself from
without the consent dispose of his share the payment of taxes and expenses
of the others with and substitute by renouncing his share equivalent to
the another as a partner such taxes and expenses. The value
transferee in his place of the property at the time of the
automatically renunciation will be the basis of the
becoming a co-owner
portion to be renounced.
5. There is no mutual 5. A partner can
representation generally bind the e) Alterations: to oppose
partnership alterations made without the
6. Distribution of 6. Distribution of consent of all, even if beneficial.
profits must be profits is subject to NOTES:
proportional to the the stipulation of the Alteration is an act by virtue of
respective interests parties which a co-owner changes the
of the co-owners thing from the state in which the
7. A co-ownership is 7. Death or others believe it should remain,
not dissolved by the incapacity dissolves
death or incapacity the partnership
or withdraws it from the use to
of a co-owner which they desire it to be
intended.
CIVIL LAW COMMITTEE

Expenses to improve or 3. Rights as to the ideal share of each

embellish are decided by the co-owner:
majority a) Each has full ownership of his part
f) To protest against seriously and of his share of the fruits and
prejudicial decisions of the benefits
majority b) Right to substitute another person
g) Legal redemption: to be its enjoyment, EXCEPT when
exercised within 30 days from personal rights are involved
written notice of sale of an c) Right to alienate, dispose or
undivided share of another co- encumber
owner to a stranger d) Right to renounce part of his
h) To defend the co-ownerships interest to reimburse necessary
interest in court expenses incurred by another co-
i) To demand partition at any time owner
Partition is the division e) Transactions entered into by each
between 2 or more persons of co-owner only affect his ideal
real or personal property which share.
they own in common so that
each may enjoy and possess his EXTINGUISHMENT OF CO-OWNERSHIP
sole estate to the exclusion of (CALSTEP)
and without interference from 1. consolidation or merger in one co-
others owner
GENERAL RULE: Partition is 2. acquisitive prescription in favor of a
demandable by any of the co- third person or a co-owner who
owners as a matter of right at repudiates the co-ownership
any time. 3. loss or destruction of property co-
EXCEPTIONS: owned
1) When there is a stipulation 4. sale of property co-owned
against it; but not to exceed 5. termination of period agreed upon
10 years. by the co-owners
2) When the condition of 6. expropriation
indivision is imposed by the 7. judicial or extra-judicial partition
donor or testator; but not to
exceed 20 years. CONDOMINIUM ACT (R.A. NO. 4726)
3) When the legal nature of the CONDOMINIUM
community prevents an interest in real property
partition. consisting of a separate interest in a
4) When partition would render unit in a residential, industrial or
the thing unserviceable. commercial building and an
5) When partition is prohibited undivided interest in common,
by law directly or indirectly, in the land on
6) When another co-owner has which it is located and in other
possessed the property as common areas of the building.
exclusive owner for a period Any transfer or conveyance of a unit
sufficient to acquire it by or an apartment, office or store or
prescription. other space therein, shall include
transfer or conveyance of the
2. The following questions are undivided interest in the common
governed by the majority of areas or, in a proper case, the
interests: membership or shareholdings in the
a) Management condominium corporation: provided,
Minority may appeal to the court however, that where the common
against the majoritys decision if areas in the condominium project
the same is seriously prejudicial. are held by the owners of separate
b) Enjoyment units as co-owners thereof, no
c) Improvement or embellishment condominium unit therein shall be

Ethics)
conveyed or transferred to persons c) Waters public by special provision

other than Filipino citizens or
corporations at least 60% of the POSSESSION
capital stock of which belong to Concept: the material holding or
Filipino citizens, except in cases of control of a thing or the enjoyment
hereditary succession. of a right.
GENERAL RULE: Common areas shall Requisites:

remain undivided, and there shall be no 1. occupancy, apprehension, or taking
judicial partition thereof: 2. deliberate intention to possess
EXCEPTIONS: 3. by virtue of ones own right
1. When the project has not been
rebuilt or repaired substantially to Degrees:
its state prior to its damage or 1. possession without any title
destruction 3 years after damage or whatsoever
destruction which rendered a 2. possession with juridical title
material part thereof unfit for use; 3. possession with just title sufficient
2. When damage or destruction has to transfer ownership
rendered or more of the units 4. possession with a title in fee simple
untenantable and that the
condominium owners holding more Classes:
than 30% interest in the common a) In ones own name where possessor
areas are opposed to restoration of claims the thing for himself
the projects; b) In the name of another for whom
3. When the project has been in the thing is held by the possessor
existence for more than 50 years, c) In the concept of owner possessor
that it is obsolete and uneconomic, of the thing or right , by his actions,
and the condominium owners holding is considered or is believed by other
in aggregate more than 50% interest people as the owner, regardless of
in the common areas are opposed to the good or bad faith of the
restoration, remodeling or possessor
modernizing; d) In the concept of holder possessor
4. When the project or a material part holds it merely to keep or enjoy it,
thereof has been condemned or the ownership pertaining to another
expropriated and the project is no person; possessor acknowledges in
longer viable, or that the another a superior right which he
condominium owners holding in believes to be ownership.
aggregate more than 70% interest in NOTE: None of these holders assert a
the common areas are opposed to claim of ownership in himself over the
the continuation of the condominium thing but they may be considered as
regime; possessors in the concept of owner, or
5. When conditions for partition by sale under claim of ownership, with respect
set forth in the declaration of to the right they respectively exercise
restrictions duly registered have over the thing.
been met. e) In good faith possessor is not aware
that there is in his title or mode of
WATERS acquisition a defect that invalidates
Classification it
a) Waters public per se (water is the Requisites:
principal; the bed follows the 1. Ostensible title or mode of
character of the water (See Arts. acquisition
502 [1] and 502 [2]) 2. Vice or defect in the title
b) Waters public or private according 3. Possessor is ignorant of the
to their bed (water is accessory to vice or defect and must have
bed) an honest belief that the
thing belongs to him
CIVIL LAW COMMITTEE

NOTE: Gross and inexcusable ignorance Conflicts between several claimants:

of the law may not be the basis of good Possession cannot be
faith, but possible, excusable ignorance recognized in two different personalities
may be such basis. (Kasilag vs Roque, 69 except in case of co-possession when
PHIL 217) there is no conflict
f) In bad faith possessor is aware of Criteria in case of dispute:
the invalidating defect in his own 1. present/actual possessor shall be
title. preferred
NOTES: 2. if there are two possessors, the one
Only personal knowledge of the flaw longer in possession
in ones title or mode of acquisition 3. if the dates of possession are the
can make him a possessor in bad same, the one with a title
faith. It is not transmissible even to 4. if all the above are equal, the fact of
an heir. possession shall be judicially
Possession in good faith ceases from determined, and in the meantime,
the moment defects in his title are the thing shall be placed in judicial
made known to the possessor. This deposit
interruption of good faith may take
place at the date of summons or that Subject Possessor in Possessor
of the answer if the date of good faith in bad
summons does not appear. faith
However, there is a contrary view a. Fruits a. to possessor a. to owner
that the date of summons may be gathered
insufficient to convince the b. b. not b.
possessor that his title is defective. Cultivation reimbursed to reimbursed
Expenses of possessor to
Presumptions in favor of possessor: gathered possessor
fruits
1. of good faith
c. Fruits c. prorated c. to owner
2. of continuity of initial good faith
pending according to
3. of enjoyment in the same character and time
in which possession was acquired charges
until the contrary is proved d. d. indemnity d. no
4. of non-interruption in favor of the Production pro rata to indemnity
present possessor expenses of possessor
5. of continuous possession by the one pending (owners
who recovers possession of which he fruits option)
was wrongfully deprived i. in money,
6. of extension of possession of real or
ii. by
property to all movables contained
allowing full
therein cultivation
and
Object of possession: gathering of
All things and rights all fruits
susceptible of being appropriated e. e. reimbursed e.
Necessary to possessor; reimbursed
1. Res communes expenses retention to
2. Property of public dominion possessor;
no
3. Discontinuous servitudes
retention
4. Non-apparent servitudes
f.. Useful f. reimbursed f. no
expenses to possessor reimbursem
Acquisition of possession:
(owners ent
Manner option)
1. Material occupancy of the thing i. initial cost
2. Subjection to the action of our will ii. plus value
3. Proper acts and legal formalities may remove
established for acquiring such right. if no

Ethics)
reimburse- a) owner of the thing must prove (1)

ment, and no ownership of the thing and (2) loss or
damage is unlawful deprivation; or bad faith of
caused to the the possessor
principal by
b) Where the owner acts negligently or
the removal
voluntarily parts with the thing
g. g. reimburse- g. owners
Ornamen- ment at option: owned, he cannot recover it from
tal owners i. the possessor
expenses option: removal, or c) The owner may recover the movable
i. removal if ii. value in case of loss or involuntary
no injury, or at time of deprivation; but must reimburse the
ii. cost recovery price paid if possessor acquired the
without thing in good faith and at a public
removal sale.
h. Taxes h. taxes and h. taxes
and charges and charges
charges i. charged to i. charged
Loss of possession:
i. on owner to owner 1. By the will of the possessor
capital ii. charged to ii. a) Abandonment
possessor charged to b) Transfer or conveyance
ii. on iii. prorated owner 2. Against the will of the possessor
fruits iii. to a) Eminent domain
owner b) Acquisitive prescription
iii. c) Judicial decree in favor of better
charges right
i. Improve- i. no i. no
d) Possession of another for more
ments no reimburse- reimburse-
longer ment ment than one year
existing NOTE: this refers to possession de
j. Liability j. only if j. liable in facto where the possessor loses the
for acting with every case right to a summary action; but he
accidental fraudulent may still bring action publiciana or
loss or intent or reivindicatoria
deteriorati negligence, e) By reason of the object
on after summons i. destruction or total loss of
k. k. to owner k. to the things
Improve- or lawful owner or ii. withdrawal from commerce
ments due possessor lawful
to time or possessor USUFRUCT
nature gives a right to enjoy the property of
another with the obligation of
Possession of movables preserving its form and substance,
Possession of movables in good faith unless the title constituting it or the
is equivalent to title. law otherwise provides.
Requisites: Characteristics:
a) possession is in good faith a. Real right
b) the owner has voluntarily parted b. Of temporary duration
with the possession of the thing c. To derive all advantages from
c) possessor is in the concept of the thing due to normal
owner exploitation
One who has lost or has been d. may be constituted on real or
unlawfully deprived of it , may personal property, consumable
recover it from whomsoever or non-consumable, tangible or
possesses it, ordinarily, without intangible, the ownership of
reimbursement. which is vested in another
e. transmissible
Doctrines:
CIVIL LAW COMMITTEE

Usufructuary is bound b. To enjoy any increase through

to preserve the form and substance of accessions and servitudes
the thing in usufruct. c. To the half of the hidden
Abnormal usufruct whereby treasure he accidentally finds
the law or the will of the parties may d. To lease the thing, generally, for
allow the modification of the substance the same or shorter period as
of the thing. the usufruct.
e. To improve the thing without
Usufruct Lease altering its form and substance
1. Always a real 1.Generally a f. Right to set-off the
right personal right improvements he may have
2. Person creating 2. Lessor may not made on the property against
the usufruct should be the owner any damage to the same
be the owner or his g. To retain the thing until he is
duly authorized
reimbursed for advances for
agent
3. May be created 3.Generally created
extraordinary expenses and
by law, by contract, by contract taxes on the capital
by will of the h. To collect reimbursements from
testator, or by the owner for indispensable
prescription extraordinary repairs, taxes on
4. As a rule, 4.Lease generally the capital he advanced, and
usufruct covers all refers to uses only damages caused to him.
the fruits and all i. To remove improvements made
the uses and by him if the same will not
benefits of the
injure the property
entire property
5. Involves a more 5. Lease involves a 2. As to the usufruct itself
or less passive more active owner a. To mortgage the right of
owner who allows or lessor who makes usufruct except parental
the usufructuary to the lessee to enjoy usufruct
enjoy the object b. To alienate the usufruct
given in usufruct
6. Pays for ordinary 6.Lessee is not Obligations of the usufructuary:
repairs and taxes on generally under 1. Before exercising the usufruct:
the fruits obligation to a. To make an inventory of the
undertake repairs
or pay taxes
property
b. To give a bond, EXCEPT
1) when no prejudice would
Special Usufructs
result
a) of pension or income (Art 570)
2) when the usufruct is
b) of property owned in common (Art.
reserved by the donor or
582)
parents
c) of cattle (livestock) (Art. 591)
3) in cases of caucion juratoria
d) on vineyards and woodlands (Art.
where the usufructuary,
575-576)
being unable to file the
e) on a right of action (Art. 578)
required bond or security,
f) on mortgaged property (Art. 600)
files a verified petition in
g) over the entire patrimony (Art.
the proper court asking for
598)
the delivery of the house and
h) over things which gradually
furniture necessary for
deteriorate (Art. 573)
himself and his family
i) of consumable property (Art 574)
without any bond or
security.
Rights of the Usufructuary
takes an oath to take
1. As to the thing and its fruits
care of the things and
a. To receive and benefit from the
restore them
fruits
property cannot be

Ethics)
alienated or encumbered the owner unless there is a right

or leased because this of retention
would mean that the b. To pay legal interest on the
usufructuary does not amount spent by the owner for
need it. extraordinary repairs or taxes on
the capital
NOTE: Effects of failure to post c. To indemnify the owner for any
bond: losses due to his negligence or of
1. owner shall have the following his transferees
options:
a. receivership of realty, sale Extinguishment of Usufruct: (PT2DERM)
of movables, deposit of 1. Prescription
securities, or investment of 2. Termination of right of the person
money; OR constituting the usufruct
b. retention of the property as 3. Total loss of the thing
administrator 4. Death of the usufructuary, unless
2. the net product shall be contrary intention appears
delivered to the usufructuary 5. Expiration of the period or
3. usufructuary cannot collect fulfillment of the resolutory
credits due or make investments condition
of the capital without the 6. Renunciation of the usufructuary
consent of the owner or of the 7. Merger of the usufruct and
court until the bond is given. ownership in the same person
2. During the usufruct: EASEMENT OR SERVITUDE

a. To take care of the property Encumbrance imposed upon an
b. To replace with the young immovable for the benefit of a
thereof animals that die or are community or one or more persons
lost in certain cases when the or for the benefit of another
usufruct is constituted on flock immovable belonging to a different
or herd of livestock owner.
c. To make ordinary repairs
d. To notify the owner of urgent Concept: it is a real right,
extra-ordinary repairs constituted on the corporeal
e. To permit works and immovable property of another, by
improvements by the naked virtue of which the owner of the
owner not prejudicial to the latter has to refrain from doing or
usufruct must allow something to be done on
f. To pay annual taxes and charges his property, for the benefit of
on the fruits another person or tenement.
g. To pay interest on taxes on
capital paid by the naked owner Characteristics:
h. To pay debts when the usufruct a) It is a real right but will affect third
is constituted on the whole persons only when duly registered
patrimony b) It is enjoyed over another
i. To secure the naked owners or immovable, never on ones own
courts approval to collect property
credits in certain cases c) It involves two neighboring estates
j. To notify the owner of any (in case of real easements)
prejudicial act committed by d) It is inseparable from the estate to
third persons which it is attached, and, therefore,
k. To pay for court expenses and cannot be alienated independently
costs regarding usufruct. of the estate
e) It is indivisible for it is not affected
3. At the termination of the usufruct: by the division of the estate
a. To return the thing in usufruct to between two or more persons
CIVIL LAW COMMITTEE

f) It is a right limited by the needs of 3. There is a limited Limited right to

the dominant owner or estate, right to the use of both the possession
without possession real property of and use of anothers
g) It cannot consist in the doing of an another but without property
the right of
act unless the act is accessory in
possession
relation to a real easement
h) It is a limitation on the servient
owners rights of ownership for the Easement Usufruct
benefit of the dominant owner; and, 1. Imposed only on May involve either
real property real or personal
therefore, it is not presumed
property
2. Limited to Includes all the uses
Classification: particular or and the fruits of the
1. As to its exercise: specific use of the property
a)Continuous Easements those the servient estate
use of which is, or may be, 3. A non-possessory Involves a right of
incessant without the right over an possession in an
intervention of any act of man immovable immovable or
b) Discontinuous Easements those immovable
which are used at intervals and 4. Not extinguished Extinguished by the
depend upon the acts of man by the death of the death of the
dominant owner usufructuary
2. As to the indication of their
existence: Modes of Acquisition: (PDFAT)
a) Apparent Easements those 1. by prescription of 10 years
which are made known and are (continuous and apparent
continually kept in view by easements)
external signs that reveal the 2. by deed of recognition
use and enjoyment of the same 3. by final judgment
b) Non-apparent Easements those 4. by apparent sign established by
which show no external the owner of two adjoining
indication of their existence estates
5. by title
3. As to duty of servient owner
a) Positive the servient owner Dominant Owner
must allow something to be done Rights
in his property or do it himself. 1. To exercise all the rights
These are called servitudes of necessary for the use of the
intrusion and or/service easement
b) Negative the servient owner 2. To make on the servient estate
must refrain from doing all the works necessary for the
something which he could use and preservation of the
lawfully do if the easement did servitude
not exist 3. To renounce the easement if he
desires to exempt himself from
Easement Lease contribution to necessary
1. Real right, Real right only when expenses
whether registered it is registered, or 4. To ask for mandatory injunction
or not when its subject to prevent impairment of his use
matter is real of the easement
property and the
duration exceeds Obligations:
one year 1. Cannot render the easement or
2. Imposed only on May involve either render it more burdensome
real property real or personal
2. Notify the servient owner of
works necessary for the use and
preservation of the servitude

Ethics)
3. Choose the most convenient estate

time and manner in making the 10. Waiver by the dominant owner
necessary works as to cause the
least inconvenience to the EASEMENT FOR WATERING CATTLE
servient owner This is really a combined easement
4. Contribute to the necessary for drawing of water and right of way
expenses if there are several Requisites:
dominant estates a) must be imposed for reasons of
public use
Servient Owner b) must be in favor of a town or
Rights: village
1. To retain ownership and c) indemnity must be paid
possession of the servient estate
2. To make use of the easement, EASEMENT OF AQUEDUCT
unless there is agreement to the The right arising from a forced
contrary easement by virtue of which the
3. To change the place or manner owner of an estate who desires to
of the easement, provided it be avail himself of water for the use of
equally convenient said estate may make such waters
pass through the intermediate estate
Obligations: with the obligation of indemnifying
1. Cannot impair the use of the the owner of the same and also the
easement owner of the estate to which the
2. Contribute to the necessary water may filter or flow.
expenses in case he uses the Character: apparent and continuous
easement, unless there is an Requisites:
agreement to the contrary a) dominant owner must prove that
he has the capacity to dispose of
Extinguishment of Easements: the water
(REMAIN BREW) b) that the water is sufficient for
1. Redemption agreed upon the intended use
2. Expiration of the term or c) that the course is most
fulfillment of the resolutory convenient, and least onerous to
condition the 3rd person
3. Merger of ownership of the d) payment of indemnity
dominant and servient estate
4. Annulment of the title to the RIGHT OF WAY
servitude The right granted to the owner of an
5. Permanent Impossibility to use estate which is surrounded by other
the easement estates belonging to other persons
6. Non-user for 10 years and without an adequate outlet to a
a. discontinuous: counted public highway to demand that he be
from the day they ceased to allowed a passageway throughout
be used such neighboring estates after
b. continuous: counted payment of proper indemnity
from the day an act adverse Requisites:
to the exercise takes place 1. Claimant must be an owner of
7. Bad condition - when either or enclosed immovable or one with
both estates fall into such a real right
condition that the easement 2. There must be no adequate
could not be used outlet to a public highway
8. Resolution of the right to create 3. Right of way must be absolutely
the servitude, i.e. in case of necessary
pacto de retro, when the 4. Isolation must not be due to the
property is redeemed claimants own act
9. Expropriation of the servient 5. Easement must be established at
CIVIL LAW COMMITTEE

the point least prejudicial to the 4. in ditches or drains between

servient estate tenements
6. Payment of proper indemnity
it is the needs of the dominant Rebuttal of presumption:
property which ultimately determine 1. title
the width of the passage, and these 2. by contrary proof:
needs may vary from time to time 3. by signs contrary to the
(Encarnacion vs. CA, 195 SCRA 72). existence of the servitude (Arts.
Special cause of extinction: the 660 & 661)
opening of a public road, or joining NOTE: if the signs are
the dominant tenement to another contradictory, they cancel each
with exit on a public road. other
NOTE: the extinction in NOT
automatic. There must be a demand Rights of part owners:
for extinction coupled with tender of 1. to make use of the wall in
indemnity by the servient owner. proportion to their respective
interests, resting buildings on it
PARTY WALL or inserting beams up to one-half
a common wall which separates 2 of the walls thickness
estates built by common agreement 2. to increase the height of the
at the dividing line such that it wall
occupies a portion of both estates on a. at his expense
equal parts. b. upon payment of proper
indemnity
Party Wall Co-ownership c. to acquire half interest in
1. Shares of parties Shares of the co- any increase of thickness or
cannot be owners can be height, paying a
physically divided and proportionate share in the
segregated but they separated cost of the work and of the
can be physically physically but land covered by the increase
identified before such
division, a co-owner
cannot point to any Obligations of each part-owners:
definite portion of 1. to contribute proportionately to
the property as the repair and maintenance
belonging to him unless he renounces his part-
2. No limitation as None of the co- ownership
to use of the party owners may use the 2. if one part owner raises the
wall for exclusive community height of the wall, he must:
benefit of a party property for his a. bear the cost of
exclusive benefit
maintenance of the additions
3. Owner may free Partial renunciation
himself from is allowed
b. bear the increased expenses
contributing to the of preservation
cost of repairs and c. bear the cost of construction
construction of a d. give additional land, if
party wall by necessary, to thicken the
renouncing all his wall
rights thereto
LIGHT AND VIEW
Presumptions of existence (juris 1. Easement of Light (jus luminum) -
tantum): right to admit light from the
1. in adjoining walls of buildings, neighboring estate by virtue of the
up to common elevation opening of a window or the making
2. in dividing walls of gardens and of certain openings.
yards (urban) Requisites:
3. in dividing fences, walls and live a. opening must not be greater
hedges of rural tenements than 30 centimeters squared,

Ethics)
made on the ceiling or on the VOLUNTARY EASEMENTS

wall; and Constituted by the will of the parties
b. there must be an iron grating or of a testator.
2. Easement of view (jus prospectus) The owner possessing capacity to
the right to make openings or encumber property may constitute
windows, to enjoy the view through voluntary servitude. If there are
the estate of another and the power various owners, ALL must consent;
to prevent all constructions or work but consent once given is not
which would obstruct such view or revocable
make the same difficult. It Voluntary easements are established
necessarily includes easement of in favor of:
light 1. predial servitudes:
a. for the owner of the
Restrictions on openings in ones own dominant estate
wall when contiguous (less than 2m) to b. for any other person having
anothers tenement: any juridical relation with
1. it cannot exceed 1 foot sq. (30 cm the dominant estate, if the
each side) owner ratifies it.
2. openings must be at the height of 2. personal servitudes: for anyone
the joists, near the ceiling (Choco capacitated to accept.
vs. Santamaria, 21 Phil 132)
3. the abutting owner may: NUISANCE
a. close the openings if the wall Any act, omission, establishment,
becomes a party wall business or condition of property or
b. block the light by building or anything else which: (ISAHO)
erecting his own wall unless 1. Injures/endangers the health or
a servitude is acquired by safety of others;
title or prescription 2. Shocks, defies or disregards
c. ask for the reduction of the decency or morality;
opening to the proper size 3. Annoys or offends the senses;
4. Hinders or impairs the use of
Restrictions as to views property; or
1. Direct views: the distance of 2 5. Obstructs or interferes with the
METERS between the wall and the free passage to any public
boundary must be observed highway or street, or body of
2. Oblique views: (walls perpendicular water.
or at an angle to the boundary line)
must not be less than 60cm from the Classes:
boundary line to the nearest edge of 1. Per se nuisance at all times and
the window under all circumstances
NOTE: Any stipulation permitting lesser regardless of location and
distances is void. surrounding.
2. Per accidens nuisance by
Modes of acquisition reason of circumstances,
1. by title location, or surroundings.
2. by prescription 3. Public affects the community
a. positive counted from the time or a considerable number of
of the opening of the window, if persons.
it is through a party wall 4. Private affects only a person or
b. negative counted from the a small number of persons.
formal prohibition on the
servient owner. Doctrine of Attractive Nuisance:
NOTE: mere non-observance of distances One who maintains on his premises
prescribed by Art. 670 without formal dangerous instrumentalities or
prohibition, does not give rise to appliances of a character likely to
prescription attract children in play and who fails
CIVIL LAW COMMITTEE

to exercise ordinary care to prevent DIFFERENT MODES (and TITLES) of

children from playing therewith or ACQUIRING OWNERSHIP
resorting thereto is liable to a child
of tender years who is injured Modes of Titles of
thereby, even if the child is acquiring acquiring
technically a trespasser in the ownership ownership
premises. A. Original Modes
1. Occupation 1. Condition of
Remedies against public nuisance: being without
(PCE) known owner
1. Prosecution under the RPC or 2. Work which 2. Creation,
includes discovery or
local ordinance
Intellectual invention
2. Civil Action creation
3. Extrajudicial Abatement B. Derivative modes
3. Law 3. Existence of
Remedies against private nuisance: required
(CE) conditions
1. Civil Action 4. Tradition 4. Contract of the
2. Extrajudicial Abatement parties
5. Donation 5. Contract of the
Extrajudicial Abatement parties
Requisites: 6. Prescription 6. Possession in
1. nuisance must be specially the concept of
owner
injurious to the person affected;
7. Succession 7. Death
2. no breach of peace or
unnecessary injury must be
committed; OCCUPATION
3. prior demand; a mode of acquiring ownership by
4. prior demand has been rejected; the seizure of things corporeal which
5. approval by district health have no owner, with the intention of
officer and assistance of local acquiring them, and according the
police; and rules laid down by law.
6. value of destruction does not
exceed P3,000. Requisites:
1. there must be seizure of a thing
THEORY OF MODE AND TITLE 2. the thing seized must be
corporeal personal property
MODE is the specific cause which 3. the thing must be susceptible of
gives rise to them, as the result of appropriation by nature
the presence of a special condition 4. the thing must be without an
of things, of the aptitude and intent owner
of persons, and of compliance with 5. there must be an intention to
the conditions established by law. appropriate
This is the proximate cause of the
acquisition. Specific instances:
1. hunting and fishing
TITLE is the juridical justification for 2. finding of movables which do not
the acquisition or a transfer of have an owner
ownership or other real right. This is 3. finding of abandoned movables
the remote cause of the acquisition. 4. finding of hidden treasure

Ethics)
5. catching of swarm of bees that 2. transmission should be by just

has escaped from its owner, title
under certain conditions 3. grantor and grantee should have
6. catching of domesticated intention and capacity to
animals that have escaped from transmit and acquire
their owners, under certain 4. transmission should be
conditions manifested by some act which
7. catching of pigeons without should be physical, symbolical or
fraud or artifice legal
8. transfer of fish to another
breeding place without fraud or DONATION
artifice an act of liberality whereby a person
disposes gratuitously of a thing or
TRADITION/DELIVERY right in favor of another who accepts
a mode of acquiring ownership as a it
consequence of certain contracts, by
virtue of which, the object is placed Requisites: CIDA
in the control and possession of the 1. donor must have capacity to
transferee, actually or make the donation
constructively. 2. he must have donative intent
(animus donandi)
Kinds: 3. there must be delivery
1. Real Tradition - actual delivery 4. donee must accept or consent to
2. Constructive Tradition the donation
a. traditio symbolica
parties make use of a token Essential features/elements of a
or symbol to represent the true donation:
thing delivered a) Alienation of property by the
b. traditio longa manu by donor during his lifetime, which
mere consent of the parties is accepted
if the thing sold cannot be b) Irrevocability by the donor
transferred to the possession c) Intention to benefit the donee
of the vendee at the time of (animus donandi)
the sale d) Consequent impoverishment of
c. traditio brevi manu the donor (diminution of his
when the vendee already has assets)
possession of the thing sold
by virtue of another title Classification:
d. traditio constitutum 1. As to effectivity:
possessorium when the a. inter vivos
vendor continues in b. mortis causa
possession of the thing sold c. propter nuptias
not as owner but in some 2. As to perfection/extinguishment:
other capacity a. pure
3. Quasi-tradition exercise of the b. with a condition
right of the grantee with the c. with a term
consent of the grantor 3. As to consideration:
4. Tradicion por ministerio de la ley a. simple - gratuitous
delivery by operation of law b. remuneratory or compensatory
6. Tradition by public instrument made on account of donees
merits
Requisites: c. modal imposes upon the donee
1. right transmitted should have a burden which is less than the
previously existed in the value of the thing donated
patrimony of the grantor
CIVIL LAW COMMITTEE

Forms of donations:
Donation Inter Donation Mortis
1. Donations of movable property:
Vivos Causa
a. With simultaneous delivery of
1. Takes effect Takes effect upon property donated:
independently of the death of the
i.it may be oral/written P5,000
the donors death donor
or less;
2. Title conveyed Title conveyed upon ii.if value exceeds P5,000 written
to the donee donors death in public or private document
before the donors b. Without simultaneous delivery:
death the donation and acceptance
3. Valid if donor Void if donor survives must be written in a public
survives donee donee or private instrument,
4. Generally irrevo- Always revocable regardless of value
cable during
donors lifetime 2. Donation of immovable property:
5. Must comply Must comply with the
a. must be in a public instrument
with the formalities required
formalities by law for the
specifying the property donated
required by Arts. execution and the burdens assumed by
748 and 749 of the Of wills donee, regardless of value
Code b. acceptance must be either:
i. in the same instrument; or
Donations prohibited by law: ii. in another public instrument,
1. Made by persons guilty of adultery or notified to the donor in
concubinage at the time of donation; authentic form, and noted in
2. Made between persons found guilty both deeds
of the same criminal offense in
consideration thereof; NOTE: Expression of gratitude to the
3. Made to a public officer or his/her donor without express acceptance was
spouse, descendants or ascendants in held a sufficient acceptance (Cuevas vs
consideration of his/her office; Cuevas)
4. Made to the priest who heard the
confession of the donor during the LIMITATIONS ON DONATION OF
latters last illness, or the minister PROPERTY
of the gospel who extended spiritual 1. Future property cannot be
aid to him during the same period; donated.
5. Made to relatives of such priest, etc. 2. Present property that can be
within the 4th degree, or to the donated:
church to which such priest belongs; a) if the donor has forced heirs: he
6. Made by a ward to the guardian cannot give or receive by
before the approval of accounts; donation more than he can give
7. Made to an attesting witness to the of receive by will
execution of donation, if there is b) if the donor has no forced heirs:
any, or to the spouse, parents, or donation may include all present
children, or anyone claiming under property provided he reserves in
them. full ownership or in usufruct:
8. Made to a physician, surgeon, nurse, 1) the amount necessary to
health officer or druggist who took support him, and
care of the donor during his/her last 2) those relatives entitled to
illness; support from him
9. Made by individuals, associations or 3) property sufficient to pay
corporations not permitted by law to the donors debt contracted
make donations; and prior to the donation.
10. Made by spouses to each other 3. Donation should not prejudice
during the marriage or to persons of creditors
whom the other spouse is a 4. Donee must reserve sufficient
presumptive heir. means for his support and for his

Ethics)
relatives which are entitled to rights through the lapse of time in

be supported by him. the manner and under the conditions
laid down by law.
EFFECTS OF DONATION a. Ordinary acquisitive
1. donee may demand the delivery of prescription: requires possession
the thing donated of things in good faith and with
2. donee is subrogated to the rights of just title for the time fixed by
the donor in the property law
3. in donations propter nuptias, the b. Extraordinary acquisitive
donor must release the property prescription: acquisition of
from encumbrances, except ownership and other real rights
servitudes without need of title or of good
4. donors warranty exists if faith or any other condition
a. expressed Requisites:
b. donation is propter nuptias 1) capacity to acquire by
c. donation is onerous prescription
d. donor is in bad faith 2) a thing capable of acquisition by
5. when the donation is made to prescription
several donees jointly, they are 3) possession of thing under certain
entitled to equal portions, without conditions
accretion, unless the contrary is 4) lapse of time provided by law
stipulated
2. Extinctive Prescription rights and
Payment of the donors debt by the actions are lost through the lapse of
donee time in the manner and under the
1. If there is express stipulation: the conditions laid down by law.
donee is to pay only debts
contracted before the donation, if Acquisitive Extinctive
not otherwise specified; but the prescription prescription
donee answers only up to the value 1. relationship 1. one does not look
of the property donated, if no between the to the act of the
stipulation is made to the contrary occupant and the possessor but to the
2. If there is no stipulation: the donee land in terms of neglect of the
is answerable for the debts of the possession is capable owner
of producing legal
donor only in case of fraud against
consequences; it is
creditors. the possessor who is
the actor
ACTS OF INGRATITUDE 2. requires possession 2. requires inaction
1. If the donee should commit some by a claimant who is of the owner or
offense against the person, honor or not the owner neglect of one with
property of the donor, or of his wife a right to bring his
or children under his parental action
authority 3. applicable to 3. applies to all
2. If the donee imputes to the donor ownership and other kinds of rights,
real rights whether real or
any criminal offense, or any act
personal
involving moral turpitude, even
4. vests ownership or 4. produces the
though he should prove it, unless the other real rights in extinction of rights
crime or act has been committed the occupant or bars a right of
against the donee himself, his wife action
or children under his authority 5. results in the 5. results in the loss
3. Refusal to support the donor acquisition of of a real or personal
ownership or other right, or bars the
real rights in a person cause of action to
PRESCRIPTION
as well as the loss of enforce said right
Kinds: said ownership or real
1. Acquisitive prescription - one rights in another
acquires ownership and other real
CIVIL LAW COMMITTEE

6. can be proven 6. should be 3. The first day shall be excluded and

under the general affirmatively the last day included
issue without its pleaded and proved
being affirmatively to bar the action or Persons Against Whom Prescription
pleaded claim of the adverse
runs:
party
1. Minors and other incapacitated
persons who have parents, guardians
Period of Prescription
or other legal representatives
Movables Immovables 2. Absentees who have administrators
1. Good Faith 3. Persons living abroad who have
4 years 10 years managers or administrators
2. Bad Faith 4. Juridical persons, except the state
8 years 30 years and its subdivision
Rules on Computation of Period: Persons against whom prescription

1. The present possessor may complete does NOT run:
the period necessary for prescription 1. Between husband and wife, even
by tacking his possession to that of though there be separation of
his grantor or predecessor property agreed upon in the
marriage settlements or by judicial
2. It is presumed that the present decree.
possessor who was also the possessor 2. Between parents and children,
at a previous time, has continued to during the minority or insanity of the
be in possession during the latter
intervening time, unless there is 3. Between guardian and ward during
proof to the contrary the continuance of the guardianship
Prescriptive Actions Prescriptive period Actions

period
a) Imprescriptible to declare an g) 4 YEARS action to revoke

inexistent or void donations due to
contract non-compliance of
to quiet title conditions
to demand a action to
right of way rescind partition of
to bring an deceaseds estate
action for on account of
abatement of lesion
public nuisance action to claim
to demand rescission of
partition in co- contracts
ownership annulment of
to enforce a contracts for vice
trust of consent
probate of a actions upon a
will quasi-delict
to recover action to revoke
possession of a or reduce
registered land donations based on
under the Land birth, appearance
Registration Act or adoption of a
by the registered child
owner actions upon an
injury to the rights
of the plaintiff
(not arising from
contract)

Ethics)
b) 30 YEARS real actions h) 3 YEARS actions under

over immovables the eight hour
(but not labor law
foreclosure) actions to
without prejudice recover losses in
to the acquisition gambling
of ownership or money claims as
real rights by a consequence of
acquisitive employer-
prescription employee
relationship
action to
impugn legitimacy
of a child if the
husband or his
heirs reside abroad
c) 10 YEARS actions upon a i) 2 YEARS action to

written contract impugn legitimacy
actions upon of a child if the
an obligation husband or his
created by law heirs are not
actions upon a residing in the city
judgment from or municipality of
the time birth
judgment
becomes final
actions among
co-heirs to
enforce warranty
against eviction in
partition
Mortgage
action
d) 8 YEARS action to j) 1 YEAR action to

recover movables impugn legitimacy
without prejudice of a child if the
to acquisition of husband or his
title for a shorter heirs are residing
period or to the in the city or
possessors title municipality of
under Arts. 559, birth
1505 and 1133 forcible entry
and unlawful
detainer
Defamation
Revocation of
donation on the
ground of
ingratitude
Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude
CIVIL LAW COMMITTEE

action for
warranty of
solvency in
assignment of
credits
actions for loss
or damage to
goods under the
COGSA
e) 6 YEARS actions upon k) 6 MONTHS actions for

an oral (verbal) warranty against
contract hidden defects or
actions upon a encumbrances over
quasi-contract the thing sold
f) 5 YEARS action for l) 40 DAYS redhibitory

annulment of action based on
marriages (except faults or defects of
on the ground of animals
insanity) and for
legal separation
counted from the
occurrence of the
cause
actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition
action for the
declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)
all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues

Ethics)

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26 2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

without impairment of the real 1) They continue to be regarded

CIVIL LAW COMMITTEE

3. Cannot be acquired by the State and any of its political

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

adverse possession. 2. Real Property:

CIVIL LAW COMMITTEE

defendant 5. The finder is not an agent of the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

of river course, and e) The provision on indemnity in Art.

CIVIL LAW COMMITTEE

current. The portion of land must NOTES:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

or that their separation would an interest in proportion to the

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Characteristics: 8. no public 8. May be made in

CIVIL LAW COMMITTEE

Expenses to improve or 3. Rights as to the ideal share of each

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

conveyed or transferred to persons c) Waters public by special provision

GENERAL RULE: Common areas shall Requisites:

CIVIL LAW COMMITTEE

NOTE: Gross and inexcusable ignorance Conflicts between several claimants:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

reimburse- a) owner of the thing must prove (1)

CIVIL LAW COMMITTEE

Usufructuary is bound b. To enjoy any increase through

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

alienated or encumbered the owner unless there is a right

2. During the usufruct: EASEMENT OR SERVITUDE

CIVIL LAW COMMITTEE

f) It is a right limited by the needs of 3. There is a limited Limited right to

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

3. Choose the most convenient estate

CIVIL LAW COMMITTEE

the point least prejudicial to the 4. in ditches or drains between

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

made on the ceiling or on the VOLUNTARY EASEMENTS

CIVIL LAW COMMITTEE

to exercise ordinary care to prevent DIFFERENT MODES (and TITLES) of

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

5. catching of swarm of bees that 2. transmission should be by just

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

relatives which are entitled to rights through the lapse of time in

CIVIL LAW COMMITTEE

6. can be proven 6. should be 3. The first day shall be excluded and

Rules on Computation of Period: Persons against whom prescription

Prescriptive Actions Prescriptive period Actions