Professional Documents
Culture Documents
Article 466. Whenever two movable things belonging Article 470. Whenever the owner of the accessory
to different owners are, without bad faith, united in thing has made the incorporation in bad faith, he shall
such a way that they form a single object, the owner lose the thing incorporated and shall have the
of the principal thing acquires the accessory, obligation to indemnify the owner of the principal
indemnifying the former owner thereof for its value. thing for the damages he may have suffered.
(375) If the one who has acted in bad faith is the owner of
the principal thing, the owner of the accessory thing
ADJUNCTION- process by virture of which two shall have a right to choose between the former
movable things belonging to different owners are paying him its value or that the thing belonging to him
united in such a way that they form a single object be separated, even though for this purpose it be
Adjunction may be done in good or bad faith necessary to destroy the principal thing; and in both
Different Kinds of Adjunction cases, furthermore, there shall be indemnity for
a. Inclusion- sapphire set on ring damages.
b. Soldering- joining legs made of lead to a body If either one of the owners has made the incorporation
also made of lead with the knowledge and without the objection of the
1. Ferruminatio- same metal other, their respective rights shall be determined as
2. Plumbatura- different metal though both acted in good faith. (379a)
3. Escritura- writing
4. Pintura- paintin Rules in case of bad faith in the adjudication:
5. Weaving 1. Owner of Accessory is in Bad Faith
a. Lose all rights to the accessory
b. Indemnify the owner of the principal thing
2. Owner of the Principal is in Bad Faith
a. Right to ask for payment plus damages damages he may have suffered. However, the owner
b. Right to have the accessory removed, even if of the material cannot appropriate the work in case
principal is destroyed, plus damages the value of the latter, for artistic or scientific reasons,
3. If both are in bad faith, both should be considered is considerably more than that of the material. (383a)
in good faith
SPECIFICATION- is the giving of a new form to
Article 471. Whenever the owner of the material anothers material thru the application of labor
employed without his consent has a right to an Rules in Specification:
indemnity, he may demand that this consist in the 1. If worker is in good faith, he can appropriate the
delivery of a thing equal in kind and value, and in all new thing but must indemnify for the materials
other respects, to that employed, or else in the price XCP: if materials is more precious than thing,
thereof, according to expert appraisal. (380) owner of the material has option to:
a. Get the new things but pays the work
If consent of owner had not been obtained, indemnity b. Demand indemnity for the material
is paid either by: 2. If worker is in bad faith, owner can
a. Delivery of thing equal in kind and value a. Appropriate the work without paying for the
b. Payment of price as appraised by experts labor
b. Demand indemnity for the material plus
Article 472. If by the will of their owners two things of damages
the same or different kinds are mixed, or if the mixture XCP: option of appropriation is not available of
occurs by chance, and in the latter case the things are value of work is more valuable for artistic or
not separable without injury, each owner shall scientific reasons
acquire a right proportional to the part belonging to ADJUNCTION MIXTURE SPECIFICATION
him, bearing in mind the value of the things mixed or 1. Involves at least 1. Involves at least 1. May involve only
two things two things one thing or more
confused. (381) but form is
changed
2. As a rule, 2. As a rule, co- 2. As a rules,
Article 473. If by the will of only one owner, but in accessory follows ownership accessory follows
good faith, two things of the same or different kinds principal results principal
are mixed or confused, the rights of the owners shall 3. Things joined 3. The things 3. The new object
retain their nature mixed or retains or
be determined by the provisions of the preceding confused may preserves the
article. If the one who caused the mixture or either retain or nature of the
lose their original object
confusion acted in bad faith, he shall lose the thing respective
belonging to him thus mixed or confused, besides natures
being obliged to pay indemnity for the damages
caused to the owner of the other thing with which his Article 475. In the preceding articles, sentimental
own was mixed. (382) value shall be duly appreciated. (n)
MIXTURE- combination or union of materials where Consideration of sentimental value must be duly
the respective identities of the component elements appreciated
are lost
2 Kinds of Mixture CHAPTER 3
a. Commixtion- solids are mixed Quieting of Title (n)
b. Confusion- liquids are mixed\
Rules for Mixture Article 476. Whenever there is a cloud on title to real
1. If mixture is caused by one owner in good faith, property or any interest therein, by reason of any
or by will of both owners, or by chance or by a instrument, record, claim, encumbrance or
common agent, then CO-OWNERSHIP results, proceeding which is apparently valid or effective but
each owner acquiring proportional right to the is in truth and in fact invalid, ineffective, voidable, or
value of his material unenforceable, and may be prejudicial to said title, an
2. If mixture is made by one owner in bad faith: action may be brought to remove such cloud or to
a. He loses his material quiet the title. An action may also be brought to
b. Liable for damages prevent a cloud from being cast upon title to real
3. If both in bad faith, considered in good faith property or any interest therein.
Article 474. One who in good faith employs the Action to remove a cloud from title shall be brought in
material of another in whole or in part in order to make the province where the land is situated
a thing of a different kind, shall appropriate the thing QUIETING OF TITLE- common-law remedy for the
thus transformed as his own, indemnifying the owner removal of any cloud upon or doubt or uncertainty
of the material for its value. with respect to title to real property
If the material is more precious than the transformed Kinds of Action
thing or is of more value, its owner may, at his option, a. Remedial- action to remove cloud or to quiet title
appropriate the new thing to himself, after first paying b. Preventive- action to prevent a future cloud
indemnity for the value of the work, or demand CLOUD on title exists because:
indemnity for the material. a. An instrument or record or record or claim or
If in the making of the thing bad faith intervened, the encumberance or proceeding
owner of the material shall have the right to b. Which is apparently valid or effective
appropriate the work to himself without paying c. But is, in truth and in fact, invalid, ineffective,
anything to the maker, or to demand of the latter that voidable, or unenforceable, or extinguished or
he indemnify him for the value of the material and the barred by extinctive prescription
d. And may be prejudicial to the title Rules of Procedure promulgated by SC shall govern
NOTE: When the instrument is not valid on its face, the procedure for the quieting of title or removal of a
the remedy does not apply cloud therefrom
Reason for Allowing Action When one dies, heirs of decedent may maintain an
1. Prevention of litigation action for quieting of title
2. Protection of true title and possession When action to Quiet Title will not Prosper
3. Promotion of right and justice 1. Merely an action to settle a dispute concerning
An action to quiet title is quasi in rem, which is an boundaries
action in personam concerning real property 2. Involved proper interpretation and meaning of
Prescription of Action to Quiet Title contract
1. If plaintiff is in possession, the action does not 3. If plaintiff has no title
prescribe 4. If action has prescribed and plaintiff is not in
2. If plaintiff is not in possession, the action may possession of property
prescribe 5. In contract is void on its face
a. Ordinary prescription (10) 6. If it is a mere claim or assertion
b. Extraordinary prescription (30)
c. Estoppel by laches CHAPTER 4 Ruinous Buildings and Trees in Danger of
Falling Article 482. If a building, wall, column, or any other
Article 477. The plaintiff must have legal or equitable construction is in danger of falling, the owner shall be
title to, or interest in the real property which is the obliged to demolish it or to execute the necessary work in
subject matter of the action. He need not be in order to prevent it from falling. If the proprietor does not
possession of said property. comply with this obligation, the administrative authorities
may order the demolition of the structure at the expense
Plaintiff must either have the legal (registered) of the owner, or take measures to insure public safety.
ownership or the equitable (beneficial) ownership, (389a) Article 483. Whenever a large tree threatens to fall
otherwise, the action will not prosper in such a way as to cause damage to the land or tenement
If Plaintiff in If Plaintiff is Out of of another or to travelers over a public or private road, the
Possession Possession owner of the tree shall be obliged to fell and remove it;
a. Period does not a. Period prescribes and should he not do so, it shall be done at his expense
prescribe b. Aside, he may also bring by order of the administrative authorities. (390a)
b. Only right is to the ordinary actions of
remove or ejectment, publiciana or
prevent cloud reinvidicatoria within the
proper prescriptive periods