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or scientific purposes under certain conditions; R.

A 7170 authorizes the


PROPERTY legacy or donation of human organs after death or for transplant as well
as the advancement of research, medical and dental education and
therapy.
Property defined: All things which are (already in the possession of
man) or may be (susceptible of appropriation) the objects of
RIGHTS AS PROPERTY
appropriation are considered as property either as immovable or
movable.
Appropriation defined: equivalent to occupation; willful apprehension Property includes not only material objects, but also rights (although
of a corporeal object which has no owner with the intent to acquire these are merely relations). However, only rights which are
ownership. PATRIMONIAL in nature can be considered as property. Otherwise,
they are not (e.g. (family rights, right to life, liberty).
Thing Property
Generic sense: all Includes not only things Classification of Rights:
objects that exist which which are already 1. Real rights (jus in re): interest belonging to a person over a specific
can be of UTILITY to possessed by man, but thing without a definite passive subject against whom such right may
men. also those which are be personally enforced (e.g. ownership).
Juridical sense: all susceptible of being
objects that exist which possessed by man. Elements:
can be of UTILITY to a. Ownership of an object by a subject.
men and CAPABLE of b. General obligation of respect, there being no particular
APPROPRIATION. passive subject.
c. Effective actions against anyone who may want to disturb it.
For purposes of distinction, thing should be understood in its generic
sense.
2. Personal rights (jus in personam/ad rem): the power of a person
(creditor) to demand from another (debtor) as a definite passive subject,
Requisites of property:
the fulfillment of the latters obligation; the right of obligation.
1. Utility capable of satisfying human needs (e.g. food, shelter,
and clothing).
Elements:
2. Individuality/substantivity quality of having existence apart
a. Subjects consisting of active (creditor-obligee) and passive
from any other thing or property (e.g. parts of the human body
(debtor-obligor).
may, within the limits prescribed by law, become property only
b. There is a particular passive subject who is bound to observe
when separated from the body of the person to whom they
the obligation.
belong).
c. Effective actions against the passive subject.
3. Appropriability susceptibility of being possessed by men.
Hence, diffused forces of nature in their totality cannot be
considered as property (e.g. air, lightning).
An object cannot be considered as property because of PHYSICAL REAL RIGHTS DISTINCTIONS PERSONAL
IMPOSSIBILITY (e.g. res communes) or LEGAL IMPOSSIBILITY (e.g. A definite active Number of A definite active
human body). subject; the rest of persons involved subject and
the world as passive subject.
Res communes common things which are not capable of passive subject.
appropriation in their entirety (e.g. air, lightning) although they may be Generally, Object involved Intangible thing
appropriated under certain conditions in a limited way (e.g. oxygen, corporeal things (prestation)
electricity). In case of the latter, they become property. By mode or title Causes of By title only
creation
Res nullius that which has no owner because it has not yet been Real actions Nature of actions Personal actions
appropriated (e.g. hidden treasure, wild animals, fish in the ocean), or against third against the definite
because it has been lost or abandoned by the owner. It constitutes persons passive subject
property as long as it is susceptible of being possessed for the use of By the loss or Methods of By other causes
man. destruction of the extinguishment
property
Res alicujus objects already owned or possessed by men.

THE HUMAN BODY CLASSIFICATION OF THINGS

During lifetime: RULE: it is NOT a property. Hence, cannot be Spiritual Ecclesiastical


appropriated. EXCEPTION: within the limits prescribed by Directly influences the Sacred
law. R.A.7719 promotes voluntary blood donation; service contracts religious submission of men Religious
(e.g. modeling). such as sacraments and Holy
prayers. Temporal
After death: RULE: still, NOT a property by reason of public policy.
Personality of a man demands respect even after death. EXCEPTION:
within the limits prescribed by law. R.A 349 legalizes permission of use
human organs or any portion of the human body for medical, surgical,
These are personal prestations, or acts or services productive of utility.
They are not manifest to the senses, but are conceived only by the As to ALIENABILITY:
understanding. a. Within the commerce of man can be the object of juridical
relations.
Requisites: b. Outside the commerce of man cannot be the object of
juridical relations.
a. External it is a manifested act.
b. Personal done by the debtor himself. CLASSIFICATION OF PROPERTY
c. Possible can be done both in nature and in law.
Tests:
As to OWNERSHIP: a. Immovable - cannot be transferred from place to place.
a. Common created by Nature for the use of all; res b. Movable excluded from the enumeration of immovable and can
communes (e.g. sun). be moved from place to place without damage thereto.
b. Public owned by the State for the use of its inhabitants c. Mixed/semi-movable - those which move by themselves (both
either directly (e.g. roads) or indirectly (e.g. fortress). immovable and movable in nature).
c. Private owned by private individuals.
d. Nullius no owner; res nullius (e.g. hidden treasure). IMMOVABLE PROPERTY
e. Corporate owned collectively either as patrimonial (e.g.
properties of LGUs held in a private capacity) or communal (1) By NATURE it cannot be carried from place to place.
(e.g. plazas).
a. Lands, buildings, roads and constructions (adhered to the
As to IMMOBILITY: soil).
a. Immovable cannot be transferred from place to place b. Mines, quarries and slag dumps, while the matter thereof
because of the nature, incorporation, destination or by forms part of the bed, and waters either running or stagnant.
analogy.
b. Movable can be moved from place to place. The materials constituting a building which is the subject of
c. Semi-movable those which move by themselves (e.g. demolition are movable.
animals).
A structure which is merely superimposed, not adhered, to the soil
As to NUMBER: may be considered movable.
a. Universal several things collectively form a single object in
law under one name (e.g. inheritance). (2) By INCORPORATION essentially movables but are attached to
b. Generic that which indicates its homogenous nature (e.g. a an immovable in a fixed manner to be an integral part thereof.
house).
c. Specific that which indicates the specie or its nature and a. Constructions (adhered to the soil).
the individual (e.g. the house at #6 Upper Malvar). b. Trees, plants and growing fruits while they are attached to the
land or form an integral part of an immovable.
As to EXISTENCE: c. REX VINTA: Everything attached to an immovable in a fixed
a. Present actually exists physically or legally. manner in such a way that it cannot be separated therefrom
b. Future do not actually exist by whose existence can without breaking the material or deterioration of the object.
reasonably be expected (e.g. ungathered fruits). d. Animal houses or breeding places, in case the owner has
placed them or preserve them with the INTENTION to attach
As to DIVISIBILITY: them permanently tot the land, and the ANIMALS in these
a. Divisible can be divided physically or juridically without places.
injury to their nature (e.g. inheritance). e. Statutes, reliefs painting or other objects for USE or
b. Indivisible - cannot be divided without destroying their nature ORNAMENTATION, placed in a building or on lands, by
or rendering the fulfillment of the juridical relation (e.g. horse). the OWNER of the immovable in such a manner that it
reveals the INTENTION to attach them permanently to the
As to IMPORTANCE: tenements.
a. Principal - those which other things are dependent (e.g. the These are immovable both by
land on which a house is built). incorporation and by destination. As distinguished from REX VINTA,
b. Accessory dependent upon the principal (e.g. the house these can generally be separated from the immovable without breaking
built on the land). the object. These objects become immobilized only when placed in the
tenement by the owner of such tenement. When placed by a mere
As to PURPOSE or HOMOGENEITY of SPECIE: holder (e.g. tenant), these objects do not become immovable property
a. Fungible belong to a common genus permitting substitution UNLESS such person acts as an AGENT of the owner (e.g. lease of
(e.g. grains). land with stipulation that the lessee will construct improvements which
b. Non-fungible specifically determined and cannot be will become the property of the lessor).
substituted (e.g. lands).
Trees and plants are immovable only when they are attached to the
As to CONSUMABILITY or NATURE: land. When they have been cut or uprooted, they become movable,
a. Consumables those which are used by consumption (e.g. EXCEPT when timber constitutes the natural product of the tenement,
food). in which case, it still forms an integral part of the immovable.
b. Non-consumables not consumed by use (e.g. money).
For purposes of the Chattel Mortgage Law, ungathered fruits may
be considered as movable. Classification according to purpose:

a. Fungibles - belong to a common genus permitting substitution of


(3) By DESTINATION essentially movables but are placed in an the same kind, quantity and quality; (e.g. 10 bottles of wine).
immovable as an added utility.
b. Non-fungibles specifically determined and cannot be
a. Indirect utility: Statutes, reliefs painting or other objects substituted (e.g. 10 bottles of wine which I have in my room).
for USE or ORNAMENTATION, placed in a building or on
lands, by the OWNER of the immovable in such a manner PROPERTY CLASSIFIED ACCORDING TO OWNERSHIP
that it reveals the INTENTION to attach them permanently to
the tenements. PUBLIC
b. Direct utility: Machinery, instruments or implements NATIONAL/STATE
INTENDED by the owner of the tenement for an INDUSTRY
or WORKS which may be carried on in a building or land, and 1. Property of public dominion:
which tend DIRECTLY to meet the needs of such industry or a. For public use (e.g. roads, canals, rivers).
works. b. For public service (e.g. public buildings).
c. Animal houses or breeding places, in case the owner has c. For the development of the national wealth.
placed or preserved them with the INTENTION to attach them
permanently to the land, and the ANIMALS in these places. N.B. Regalian Doctrine
d. Fertilizers ACTUALLY used on a piece of land.
e. Docks and structures which, though floating, are INTENDED 2. Patrimonial property: used by the State as a juridical person in its
by their nature and object to remain at a fixed place on a river, private capacity (e.g. property acquired through escheat proceedings,
lake or coast. tax sales). It is the property which the State has the same rights, and
of which it may dispose, to the same extent as private individuals
(4) By ANALOGY - classified by express provision of law because it according to laws and regulations on the procedure of exercising such
is regarded as united to the immovable property. rights. Hence, it is subject to the principles on private properties (e.g.
subject to prescription.
a. Contracts for public works.
b. Servitudes. CONCEPTS ON PUBLIC DOMINION
c. Real rights over immovable property.
a. Public dominion does not import the idea of ownership. Property
MOVABLE PROPERTY of public dominion is not owned by the State but simply under its
jurisdiction and administration for the collective enjoyment of all
(1) General Rule: all things which can be transported from place to the people of the State of which it is the territorial sovereign.
place without impairment of the real property to which they are b. The purpose of property of public dominion is not to serve the
fixed. State as a juridical person but the citizens. It is intended for the
common and public welfare so it cannot be the object of
(2) Exclusions: those movables susceptible of appropriation which appropriation either by the State or by private persons.
are not included in the enumeration of immovables. c. The relation of the State to this property arises from the fact that
the State is the juridical representative of the social group and as
(3) Special: real property which by any special provisions of law is such it takes care of and preserves the same and regulates its
considered as personalty. use for the general welfare.
d. Properties of public dominion are outside the commerce of men.
(4) In parts: forces of nature which are brought under control by Hence:
science. Cannot be sold, leased or otherwise be the subject matter of
contracts.
(5) Obligations (credits) and actions (replevin) which have for Cannot be acquired thru prescription not even by municipalities
their object movables (corporeal or intangible) or against the State.
demandable sums. Cannot be attached or sold at public auction to satisfy a judgment.
These are really personal rights because they have a Otherwise, essential governmental services would be jeopardized.
definite passive subject (e.g. intellectual property). Cannot be burdened by easements.
Cannot be registered under the land registration law and be the
(6) Shares of stocks or interests in juridical entities. subject of a Torrens title.

Classification as to nature: PUBLIC LAND GOVERNMENT LAND


Uniformly used to describe the A broader term. It includes not
a. Consumable cannot be used in a manner appropriate to their national domain under the only public lands but also other
nature without being consumed. legislative power of Congress lands of the government
Consumable goods cannot be the subject matter of a contract as has not been subjected to already reserved, or devoted
of commodatum unless the purpose of the contract is not the private right or devoted to to public use, or subject to
consumption of the object as when it is merely for exhibition. public use. it is equivalent to private rights. It includes
lands of the public domain. It patrimonial lands.
b. Non-consumable - not consumed by use. refers to lands as are thrown
open to private appropriation subject only to the restrictions established by law and the rights of
and settlement by homestead others.
land other laws.
Objects: Ownership may be exercised over THINGS or RIGHTS.
Attributes of ownership:
CONVERSION OF PROPERTY OF PUBLIC DOMINION TO 1. Right to enjoy includes right to use and enjoy (jus utendi), right
PATRIMONIAL PROPERTY to the fruits (jus fruendi), right to accessories (jus accessiones)
and right to consume by use (jus abutendi), within the limits
a. Formal declaration by the legislative department of the prescribed by law; includes the right to exclude any person from
government that the property of the State is no longer needed for the enjoyment and disposal thereof.
public use or for public service. Otherwise, the property continues
to be of public dominion notwithstanding the fact that it is not Jus accessiones: The ownership of property gives the right by
actually devoted for such use or service. accession to everything which is produced thereby, or which is
incorporated or attached thereto, either naturally or artificially.
b. In case of political subdivisions, the conversion must be
authorized by law Right to possess: the right to hold a thing or enjoy a right; It may be
exercise in ones own name or in the name of the other; possession
PUBLIC may be in the concept of an owner or a mere holder with the ownership
LOCAL pertaining to another; right to possess does not always include the right
to use.
1. Property for public use: provincial roads, city streets, squares,
fountains, public waters, promenades, public works for public 2. Right to dispose (jus disponendi) the power of the OWNER to
service paid for by such political subdivision. alienate, encumber, transfer and even destroy the thing owned,
totally or partially, within the limits prescribed by law; includes right
2. Patrimonial property: used by the political subdivision as a not to dispose.
juridical person in its private capacity (e.g. property acquired
through escheat proceedings, tax sales). It is the property which 3. Right of action (jus vindicandi) given by the law to the person
the unit has the same rights, and of which it may dispose, to the whose property has been wrongfully taken from him against any
same extent as private individuals according to laws and person unlawfully detaining it even if the possession of the latter
regulations on the procedure of exercising such rights. Hence, it has been legalized by conveyance, either to recover damages or
is subject to the principles on private properties (e.g. subject to the possession of the property; the right of action can be
prescription. transferred.
However, the person who claims the he has a better right to the
The principles governing property of public dominion of the State property must prove (burden of proof) his title thereto. Accordingly, a
are applicable to property of public use of the political subdivisions. person in peaceful possession of property must be respected in his
Political subdivisions cannot register as their own any part of the possession until a competent court rules for his ouster.
public domain, unless it is first shown that a grant thereof has been
made or possession has been enjoyed during the period ACTIONS FOR POSSESSION
necessary to establish a presumption of ownership.
They have no authority to control or regulate the use of public 1. Ejectment cases:
properties unless specific authority is vested upon them by a. Forcible entry A person deprived of the possession of any land
Congress. or building by force, intimidation, stealth, threat and strategy
(FISTS).
PROPERTY OF PRIVATE OWNERSHIP b. Unlawful detainer Any landlord, vendor, vendee or other person
against whom the possession of any land or building is unlawfully
This refers to all property belonging to private persons either withheld after the expiration or termination of the right to hold
individually or collectively and those belonging to the State and any of possession by virtue of any contract, express or implied.
its political subdivisions which are patrimonial in nature.
Period to file action: Within 1 year after such unlawful deprivation or
withholding of possession, commencing from the time of last demand
PROVISIONS COMMON TO THE THREE PRECEDING (oral or written; direct or indirect) to vacate. No demand is necessary
CHAPTERS for a lessee to vacate when it is specifically provided for in the
Whenever the word muebles or furniture, is used alone, it shall not agreement.
be deemed to include money, credits, commercial securities, stocks
and bonds, jewelry, collections (scientific or artistic), books, medals, Prayer: for the restitution of possession, with damages and
arms, clothing, horses or carriages and their accessories, grains, costs. However, the only damages that can be recovered in an
liquids and merchandise, or other things which do not have as their Ejectment suit are the fair rental value or the reasonable compensation
principal object the furnishing or ornamenting of a building EXCEPT for the use and occupation of the real property. Other damages must
when the contrary intention appears. be claimed in an ordinary action.
The defendant, however, may set up a counterclaim for moral damages
and recover it if it is within the jurisdiction of the court.
OWNERSHIP
Jurisdiction: MTC (summary proceedings). Whatever the amount of
Definition: The independent right of a person to the exclusive plaintiffs damages will not affect the courts jurisdiction.
enjoyment and control of a thing including its disposition and recovery
Issue: Physical possession. The decision in such action is res RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A
judicata in the question of possession. LAND OWNER: The owner of a parcel of land is the owner of its
surface and of everything under it, and he can construct thereon any
Sublessees are bound by the judgment rendered against the lessee works or make any plantations and excavations which he may deem
in an ejectment case even if they were not made parties thereto. proper, without detriment to servitudes and subject to special laws
2. Accion publiciana (plenary action): whenever the owner is and ordinances. He cannot complain of the reasonable requirement
dispossessed by any other means (e.g. possession is due to of aerial navigation.
tolerance of the owner) other than FISTS, he may maintain this
action to recover possession without waiting for the expiration of 1 Economic utility: The right of the landowner extends to the
year before commencing this suit. It may also be brought after the space and subsoil as far as necessary for his practical interests, or
expiration of 1 year if no action had been instituted for forcible to the point where it is possible to assert his dominion; beyond these
entry or unlawful detainer. limits, he would have no legal interest.

3. Accion reinvindicatoria: action for recovery of dominion over The right of the owner of a parcel of land to construct any works
the property as owner. or make any plantations and excavations on his land is subject to:
a. Existing servitudes or easements.
This action should be filed in case of refusal of a party to deliver b. Special laws.
possession of property due to an adverse claim of ownership. c. Local ordinances.
d. The reasonable requirements of aerial navigation.
A suit to recover possession of a parcel of land as an element of e. Rights of third persons.
ownership is a reinvindicatory action.
Regalian doctrine: All minerals and other natural resources found
4. Writ of possession: A writ of possession is improper to eject either in public or private lands are owned by the State.
another from possession except in the following cases:

a. After the land has been registered under the Torrens system of
registration.
b. Extrajudicial foreclosure of mortgage.
c. Judicial foreclosure of mortgage provided that the mortgagor has
DISPUTABLE PRESUMPTION OF OWNERSHIP
possession and no 3rd party intervened.
d. Execution sales.
Requisites:
1. There must be actual (physical or material) possession of
5. Writ of injunction: injunction is not a proper remedy for the
the property.
recovery of possession. But where the plaintiff is admittedly the
2. The possession must be under claim of ownership.
owner of the property, and is in possession thereof, he is entitled
Hence, the true owner must resort to judicial process for the
to the equitable remedy of injunction to prevent or restrain acts of
recovery of the property.
trespass and illegal interference by others with the possession of
the property.
REQUISITES FOR ACTION TO RECOVER
RIGHT TO ENCLOSE OR FENCE: Every owner may enclose or 1. Identity of the property.
fence his land or tenements by any reasonable means subject to the 2. Strength of plaintiffs title (proof of ownership).
right of others to existing servitudes imposed on the land or Evidence to prove ownership: ownership may be proved by
tenement. any evidence admissible in law.
a. Torrens title.
b. Title from the Spanish Government.
c. Patent duly registered in the Registry of Property by the
grantee.
d. Deed of sale.
e. Long possession.
Tax declarations are not conclusive proof of ownership.
However, when coupled with possession for a period sufficient
for prescription, they become strong evidence of ownership.
Also, the failure of a person to declare land for taxation may be
admitted to show that he is not the owner thereof.

LIMITATIONS ON THE RIGHT OF OWNERSHIP

1. Those imposed in general by the State in the exercise of the


power of taxation, police power, and power of eminent domain.
2. Those imposed by law such as legal easements and the
requirement of legitime in succession.
3. Those imposed by the grantor of the property on the grantee, The principle of self defense in the RPC covers not only defense of
either by contract or by last will. a mans person but also extends to his rights including the right of
4. Those imposed by the owner himself, such as voluntary property.
easement, mortgage, pledge and lease.
5. Those arising from conflicts of private rights such as those which Self-help doctrine is MODIFIED by the principle of state of necessity,
take place in accession continua or those caused by contiguity of and the condemnation of property through the exercise of State powers
property. (eminent domain and police power).
6. Prohibition against the acquisition of private lands by aliens.
STATE OF NECESSITY
OBLIGATION TO RESPECT THE RIGHTS OF OTHERS: The owner
of a thing cannot make use thereof in such a manner as to injure the The owner of a thing has no right to prohibit the interference of
rights of a 3rd person. another with the same, if the interference is necessary to avert an
This is based on the police power of the State. imminent hanger, and the threatened damage, compared to the
It does not apply where the owner of a thing makes use of it in a damage arising to the owner from the interference, is much greater.
lawful manner for then it cannot be said that the manner of the use is
such as to injure the rights of a third person. State of necessity prevails over the principle of self-help.
RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A LAND
OWNER: The right of the owner of a parcel of land to construct any Right of the owner: Demand from the person benefited indemnity for
works or make any plantations and excavations on his land is subject the damage to him. Exception: Tolentino If the owner of the property
to: causing the danger would have been responsible for damages if the
a. Existing servitudes or easements. danger had not been averted (e.g. to prevent inundation, demolition of
b. Special laws. a dam constructed without authority. The owner of the dam need not
c. Local ordinances. be indemnified).
d. The reasonable requirements of aerial navigation.
e. Rights of third persons. Requisites:
If the prohibition is to alienate the property is perpetual, it is 1. The interference is necessary.
considered as void. The maximum period of inalienability, when 2. The damage to another is much greater than the damage to the
imposed by will, is 20 years, unless a fideicomissary substitution has property.
been established. The same principle, by analogy, can apply to any
other gratuitous disposition such as donation, unless the donor The seriousness or gravity of the danger must be much greater than
provides for reversion (Art. 757), in which case, a longer period may be the damage to the property affected or destroyed by the protective act.
allowed.
In mortgage contracts, a stipulation forbidding the owner from Danger to life is always greater than damage to property.
alienating the property mortgaged is void (Art. 2130).
Where the stipulation on inalienability is valid, the property is NOT If through an error, one believed himself to be in a state of necessity,
subject to attachment. Otherwise, the prohibition to alienate would be or used excessive means, his act would be illicit, and the owner of the
illusory. property can use the principle of self-help.

PRINCIPLE OF SELF HELP The law does not require that the person acting in a state of
necessity be free from negligence in the creation of the threatened
Who may avail? The OWNER or LAWFUL POSSESSOR of a thing. danger.
Right involved: RIGHT TO EXCLUDE any person from the
ENJOYMENT and DISPOSAL thereof. EXERCISE OF STATE POWERS
Self-help: For this purpose, he may use such force as may
be reasonably necessary to repel or prevent an actual or threatened EMINENT DOMAIN: No person shall be deprived of his property except
UNLAWFUL physical invasion or usurpation of his property. by competent authority and fro public use and always upon payment of
just compensation.
Requisites of self-help:
1. Owner must be lawful possessor. Should this requirement be not complied with, the courts shall protect
2. Owner must use only reasonable force. and, in proper cases, restore the owner in his possession.
3. There must be actual or threatened physical invasion or
usurpation. POLICE POWER: When any property is condemned or seized by
4. Can only be exercised at the time of an actual or threatened competent authority in the interest of health, safety or security, the
dispossession or immediately after the dispossession has taken owner thereof shall not be entitled to compensation, unless he can
place. show that such condemnation or seizure is unjustified.

The actual invasion of property may consist of a mere disturbance Requisites:


of possession or of real dispossession. In the first case, the force may 1. The interest of the public in general, as distinguished from those
be used as long as the disturbance continues. In the second case, the of a particular class, requires such interference.
force to regain possession can be used only immediately after the 2. The means employed are reasonably necessary for the
dispossession. Once the usurpers possession has become firm by accomplishment of a purpose, and not unduly oppressive upon
lapse of time, the lawful possessor must resort to the competent individuals.
authority to recover his property.
RIGHTS TO HIDDEN TREASURE Kinds of Accession

Concept: Treasure consists of money, jewels, or other precious 1. Accession discreta extension of the right of ownership to the
objects which are hidden and unknown, such that their finding is a real products of a thing.
discovery. Based on the principle of justice for it is only just that the owner of
a thing should also own whatever it produces.
Rules:
a. The treasure belongs to the owner of the land if he is the finder. Divisions: Natural fruits, industrial fruits, and civil fruits.
b. The finder is entitled to 1/2 if he is not the owner of the land,
provided the discovery is by chance. 2. Accession continua the acquisition of ownership over a thing
c. If the finder is a trespasser, he shall not be entitled to any share incorporated to that which belongs to the owner.
of the treasure. Based on convenience, necessity and utility, for it is more practical
d. If the things found be of interest to science or the arts, the State that the owner of the principal should also own the accessory instead
may acquire them at their just price, which shall be divided equally of a co-ownership.
among the land owner and the finder.
e. By chance means by good luck; there must be no purpose or a. With respect to real property, it may either be.
intent to look for treasure. If it does, the finder, who is not the land I. Accession industrial (building, planting, sowing).
owner, becomes a trespasser. II. Accession natural (alluvium, avulsion/by force of river,
f. The Code Commission do not preclude a finder who hunts for change of river course, and formation of islands).
hidden treasure; But the one who looks for hidden treasure on the b. With respect to personal property, it may be:
property of another should have the latters permission, since a I. Conjunction or adjunction.
trespasser is not entitled to any share in the hidden treasure he II. Commixtion or confusion.
may find. III. Specification
g. If the land owner gave his permission to the treasure hunter, the
latter is entitled to 1/2 because this is still a case of by chance. Basic principles on accession:
h. The rule is different if the finder is unaware of the hidden treasure a. The owner of a thing owns the extension or increase of such
and he was commissioned by the land owner to look for treasure. thing.
If the finder was so ordered by the owner, his only right is to be b. Accessory follows the principal.
paid his salary, unless a contrary intention appears in the c. The incorporation of the accessory with the principal is effected
agreement. only when two things are so united that they cannot be separated
i. If the finder is a lessee or usufructuary, the latter gets 1/2; if found without injuring or destroying the juridical nature of one of them.
by another person other than the lessee or usufructuary, 1/2 goes
to him and 1/2 goes to the owner of the property on which it was ACCESSION DISCRETA
found. RIGHT OF OWNER TO THE FRUITS
j. With respect to the term other precious objects it would refer
only to movables which are similar to money or jewelry (ejusdem Fruits: include all the products of things, the benefits from rights, and
generis rule); they include things of interest to science or the arts. the advantage derived from the use of a thing.
k. The deposit must be hidden and unknown, since if the treasure
is purposely hidden, the owner may recover it from the finder Divisions: Natural fruits, industrial fruits, and civil fruits.
unless he has abandoned the property or considered it lost without
hope of ever finding it. General rule: All fruits belong to the OWNER of a thing.
l. Where the things discovered do not qualify as hidden treasure, The fruits may either be in the form of damages suffered by the
the rules on occupation would apply. owner of a land.

RIGHT OF ACCESSION Exceptions:


a. Possessor in good faith.
Definition: The right of the owner of a thing, real or personal, to b. Usufructuary.
become the owner of everything which is produced thereby, or which is c. Lessee.
incorporated or attached thereto, either naturally or artificially. d. Pledgee.
e. Creditor in Antichresis.
ACCESSION ACCESSORY
The fruits of, or additions to, or Things joined to, or included
improvements upon, a thing with the principal thing for the
(the principal) in its three forms latters embellishment, better
of building, planting and sowing. use, or completion.
Not necessary to the principal The accessory and the principal
thing. must go together.
Both can exist only in relation to the principal.

Since the law itself gives the right, accession may, in a sense, be
considered as a mode of acquiring property under the law.
Natural fruits: Civil fruits are easily prorated for they are deemed to accrue daily
a. The spontaneous products of the soil. and belong to the possessor in good faith in that proportion.
b. The young and other products of the soil.
Under the rule partus sequitur ventrem, to the owner of ACCESSION CONTINUA (INDUSTRIAL)
female animals would also belong the young of such animals IMMOVABLE PROPERTY
although this right is lost when the owner mixes his cattle with BUILDING, PLANTING, SOWING
those of another.
General Rule: Whatever is built, planted or sown on the land of
Industrial fruits The products of lands of any kind which are another and the improvements or repairs made thereon belong to the
produced through cultivation or labor. owner of the land.
Standing trees are not fruits since they are considered The owner of the land must be known, otherwise no decision can
immovables although they produce fruits themselves. However, be rendered on the ownership of the thing planted, built or sown until
they may be considered as industrial fruits when they are a hearing shall have been accorded to whosoever is entitled thereto.
cultivated or exploited to carry on an industry.
Presumption: All works, sowing, and planting are presumed made by
Civil fruits: the owner and at his expense, unless the contrary is proved.
a. Rents of buildings. a. The works were made by the owner based on positive law; a
b. Prices of leases (rents) of lands and other property land naturally has an owner and the law accordingly presumes that
(including movables). he made the works, sowing or planting.
c. Amount of perpetual or life annuities or other similar b. They were made at the owners expense as a general rule. It
income. cannot be said that one who builds, plants or sows on anothers
land will do so at his expense but for the benefit of the owner;
Payment of Expenses: He who receives the fruits has the obligation hence, it must be presumed that what is built, planted or sown is
to pay the expenses made by a third person in their production, done at the expense of the owner although the one who did so
gathering and preservation. was a third person.

Expenses covered:
a. Dedicated to the annual production, and not for the RIGHTS WHERE THE LAND OWNER MAKES USE OF THE
improvement of the property. MATERIALS BELONGING TO ANOTHER IN PLANTING,
b. Not unnecessary, excessive, of for pure luxury. CONSTRUCTING OR WORKING
c. Required by the condition of the work or the cultivation made.
Both parties in good faith: The land owner becomes the owner of the
This rule may apply where the owner of the property recovers the materials but shall pay their value; However, the owner of the materials
same from a possessor who has not yet received the fruits although shall have the right to remove them but only in case he can do so
they may have already gathered or harvested. without injury to the plantings, constructions or work.
The rule is in keeping with the principle on unjust enrichment.
Hence, the owner of the materials is entitled to:
Effect of bad faith: a. Reimbursement for the value of the materials; OR
a. If the fruits have not yet been gathered at the time the owner b. Removal of the materials if the same can be done without injury
recovers possession from a possessor in bad faith, he does not to the plantings, constructions or work.
have to pay for production expenses since a possessor in bad
faith loses that which has been planted or sown, without right to Land owner in bad faith and owner of the materials in good
any indemnity whatsoever, except for necessary expenses of faith: He becomes the owner of the materials but he shall be obliged
preservation. to pay their value plus reparation for damages; However, the owner of
The land owner acquires the fruits by accession. the materials may remove them even if the removal may cause injury
to the plantings, constructions or work.
b. If the fruits are already severed or gathered, and are ordered
turned over to the owner of the land by the possessor in bad faith, Hence, the owner of the materials is entitled to:
the latter is entitled to be reimbursed and may deduct his a. Reimbursement for the value of the materials plus reparation for
expenses of cultivation, gathering and preservation. damages; OR
b. Removal of the materials whether or not injury could be caused
Even where such expenses exceed the value of the fruits, the owner plus reparation for damages.
must pay the expenses just the same because the law makes no
distinction. Landowner in good faith and the owner of materials in bad
Moreover, he who is entitled to the benefits and advantages must faith: The latter would be liable for any consequential damages,
assume the risks and losses, the owner, however, may free himself of without right of removal.
the expenses by permitting the possessor to complete the harvesting
and gathering of the fruits for him. Both parties in bad faith: They shall both be treated as being in good
faith.
WHEN NATURAL AND INDUSTRIAL FRUITS DEEMED TO
EXIST: Only such as are manifest or born are considered as natural or The owner cannot offer to return the materials instead of paying their
industrial fruits. With respect to animals, it is sufficient that they are in value; Nevertheless, if the materials have not been damaged or
the womb of the mother, although unborn. transformed and can be returned in their original condition, the
landowner may do so at his expense, even without the consent of the In the event of the failure of the builder or planter to pay after the
owner of the materials. land owner opted to sell the land, the latter is entitled to removal of the
improvement.
What is bad faith?
On the part of the land owner: If he knew that he had no right to make c. In case the BSP is required to pay reasonable rent, a lease
use of such materials. relationship is created. In case the parties cannot agree on the
terms of the lease, the Court shall fix such terms.
On the part of the owner of the materials: If the materials were used by
another in his presence, with his knowledge and forbearance, and The improvements herein must be of a permanent character.
without opposition on his part. Otherwise, there is no accession and the builder or planter must
remove the construction.
In case of eminent domain, land owner cannot exercise option a.
RIGHTS OF BUILDER, SOWER OR PLANTER (BSP) In case there is a contractual relation, the provisions of such
WHERE THE CONSTRUCTION, PLANTING OR SOWING IS agreement shall be followed; the mentioned rules apply even if the land
MADE IN A LAND BELONGING TO ANOTHER owner is the government.

BSP IN BAD FAITH AND LAND OWNER IN GOOD FAITH


BOTH PARTIES IN GOOD FAITH
Rule: He who builds, sows or plants in bad faith on the land of another,
It is the owner of the land who is allowed to exercise the option loses what is built, planted or sown without right to indemnity.
because his right is older and because by the principle of accession, he
is entitled to the ownership of the accessory thing. As a matter of justice, however, BSP is entitled to reimbursement for
necessary expenses of preservation of the land incurred by him but
The landowner is given an option, either: without the right of retention.

a. To appropriate the improvement as his own upon payment of the Effect to the fruits:
required indemnity: necessary and useful expenses; luxurious a. If the fruits have not yet been gathered, the land owner does not
expenses shall not be refunded but may be removed if the same have to pay for production expenses since a BSP in bad faith
can be done without injury to the principal, unless the land owner loses that which has been planted or sown, without right to any
gives refund thereof; indemnity whatsoever, except for necessary expenses of
preservation.
Hence, the BSP is entitled to: The land owner acquires the fruits by accession.
I. Reimbursement for the value of the improvement; AND
II. Reimbursement for necessary and useful expenses; luxurious b. If the fruits are already severed or gathered by the BSP in bad
expenses shall not be refunded but may be removed if the same faith, but they are ordered to be turned-over to the land owner, the
can be done without injury to the principal, unless the land former is entitled to be reimbursement for expenses of cultivation,
owner gives refund. gathering and preservation.

The obligation to pay indemnity is a personal obligation. Hence, as ALTERNATIVE RIGHTS OF LANDOWNER
a rule, cannot be transferred.
1. To appropriate what has been built, sown, or planted in bad faith
Right of retention: Only the BSP in good faith may retain both the land without any obligation to pay any indemnity except for necessary
and the improvements even against the real owner until the indemnity expenses for the preservation of the land, plus damages
has been paid in full by the landowner who has elected to appropriate 2. To ask the removal or demolition of what has been built, planted
the improvements. Consequently, the land owner has no right to or sown in order to replace things in their former condition at the
demand payment of rents for the occupation of the land. BSPs expense, plus damages.
3. To compel the sower to pay the proper rent, and the builder or
Where the improvements have been destroyed by a fortuitous event planter to pay the value of the land, whether or not the value of the
without the fault of the landowner, the right of retention is extinguished; land is considerably more than the value of the
hence, there is no other recourse for him but to vacate the premises improvements, plus damages.
and deliver the land to its owner.
Hence, the BSP in bad faith has the following liabilities:
During the period of retention, the BSP is not necessarily a 1. He loses what is built, planted or sown without right to indemnity,
possessor in good faith. Hence, if he receives fruits from the property, except for necessary expenses.
he is obliged to account for such fruits, so that the amount thereof may 2. He may be required to recover or demolish the work in order to
be deducted from the amount of indemnity to be paid to him by the replace things in their former condition at his own expense.
owner of the land. 3. He may be compelled to pay the price of the land, and in the case
of the sower, to pay the rent.
b. OR, To oblige the sower to pay the proper rent, and the builder or 4. He is liable for damages.
planter to pay the price of the land unless the value of the land is BOTH PARTIES IN BAD FAITH
considerably more than what has been built or planted. In the latter
case, the builder or planter shall pay reasonable rent, unless the Their rights shall be determined as if both acted in good faith.
owner appropriates the improvement.
What is bad faith?
On the part of the land owner: whenever the act was done with his Their rights shall be the same as though all of them acted in good faith.
knowledge and without opposition on his part.
Requisites for the subsidiary liability of landowner for the value of
On the part of the BSP: when he builds, sows, or plants, knowing that the materials:
the land does not belong to him and he has no right to build, sow or 1. The owner of the materials has not acted in bad faith.
plant thereon. 2. The BSP has no property with which to pay.
3. Land owner appropriates the accession to himself.

LANDOWNER IN BAD FAITH BUT BSP IN GOOD FAITH Right of BSP who pays owner of materials of its value:

The land owner is considered as having made the building, sowing or The former may seek reimbursement from the land owner for the value
planting, and the BSP shall be considered as the owner of the of the materials and labor to prevent unjust enrichment of the landowner
materials. Hence, the land owner shall pay the value of the materials at the expense of the builder; this is true if:
plus damages because of his bad faith. However, the owner of the 1. The BSP acted in good faith.
materials may remove them even if the removal may cause injury to the 2. The owner of the land appropriates the improvement.
plantings, constructions or work.
GOOD FAITH MAY CO-EXIST WITH NEGLIGENCE: A party guilty of
Hence, the BSP is entitled to: negligence, irrespective of his good faith, shall be liable for the damage
done in accordance with the rule on culpa aquiliana or quasi delict.
a. Reimbursement for the value of the materials plus reparation for
damages; OR ACCESSION CONTINUA (NATURAL)
b. Removal of the materials whether or not injury could be caused IMMOVABLE PROPERTY
plus reparation for damages. ALLUVION

WHERE LANDOWNER, BSP AND OWNER OF MATERIALS Definition: It is the increment which lands abutting rivers gradually
ARE DIFFERENT PERSONS receive as a result of the current of the waters, or the gradual and
imperceptible addition to the banks of the rivers.
Owner of materials acted in good faith regardless of the good or
bad faith of the land owner or BSP: Requisites:
1. The deposit or accumulation of soil or sediment must be gradual
The owner of the materials is entitled to reimbursement for the value of and imperceptible.
the materials principally from the BSP because he is the one who made 2. The accretion results from the effects or action of the current of
use of the same, and subsidiarily from the land owner, if the BSP has the waters of the river (or the sea).
no property with which to pay. 3. The land where accretion takes place must be adjacent to the
bank of a river (or the sea coast).
Owner of materials acted in bad faith but the land owner and the
BSP are in good faith: Alluvion Accretion
The act or the process by
The owner of the materials forfeits his rights thereto without the right to which a riparian land
be indemnified as if he himself built, planted, or sowed in bad faith. The deposit of soil or to the generally and imperceptively
soil itself. receives addition made by the
BSP acted in bad faith but Land owner and owner of the materials water to which the land is
acted in good faith: contiguous.
Brought about by accretion. The addition or increase
a. If the land owner appropriates the accession, BSP shall be received by the land.
principally liable to the owner of the materials for their value plus
damages. In case of insolvency of the BSP, the land owner shall Rule: to the owners of the lands adjoining the banks of rivers belong
be subsidiarily liable to the owner of the materials for their value the accretions which they gradually receive from the effects of the
but NOT for damages for he acted in good faith. BSP is also liable current of the waters.
to the owner of the land for damages.
b. If the land owner elects to have the improvement removed, the Rationale of alluvion:
materials will revert to their owner. The latter will be entitled to
damages from the BSP. 1. To compensate him for the danger of the loss that he suffers
because of the location of his land (for the estates bordering on
Land owner acted in good faith but owner of the materials and BSP rivers are exposed to floods and other damage produced by the
acted in bad faith: destructive force of waters).
2. To compensate him for the encumbrances and various kinds of
a. The land owner can exercise his alternative rights. easements to which his property is subject.
b. Since both the owner of the materials and BSP acted in bad faith, 3. To promote the interests of agriculture for the riparian owner is in
they are treated as having both acted in good faith. Hence, the the best position to utilize the accretion.
owner of the materials is entitled to be reimbursed by the BSP.
A riparian owner cannot acquire the addition to his land caused by
All acted in bad faith: special/artificial works expressly intended by him to bring about
accretion. Hence, a riparian owner cannot register accretions to his land ACCESSION CONTINUA (NATURAL)
constructed for reclamation purposes. IMMOVABLE PROPERTY
TREES UPROOTED/BY FORCE OF RIVER
The alluvion is automatically owned by the riparian owner from the
moment the soil deposit can be seen. However, it does not Rule: Trees uprooted and carried away by the current of the waters
automatically become registered land just because the lot which belong to the owner of the land upon which they may be case, if the
receives such accretion is covered by a Torrens title. Hence, the alluvial owners do not claim them within 6 months. If such owners claim them,
property is subject to prescription. they shall pay the expenses incurred in gathering or putting them in a
safe place.
However, registration under the Torrens system does not protect the
riparian owner against diminution of the area of his land through gradual Scope: This rule refers to uprooted trees only. If a known portion of
changes in the course of the adjoining stream. land with trees standing thereon is carried away by the current to
another land, the rule on avulsion governs.
If the riparian land is subject to easement established by the
government, the riparian owner has the right to the accretion. The Period to claim: The period for making a claim is 6 months; it is a
easement does not deprive the owner of his ownership. condition precedent and not a period of prescription (De Leon).

After a claim is made within six months, an action may be brought within
ESTATES ADJOINING PONDS OR LAGOONS the period provided by law for prescription of movables.

Rule: The owners of estates adjoining ponds or lagoons do not Payment of expenses for preservation: The original owner claiming
acquire the land left dry by the natural decrease of the waters, the trees is liable to pay the expenses incurred by the owner of the land
or loss that inundated by them in extraordinary floods. upon which they have been cast in gathering or putting them in a safe
place.

ACCESSION CONTINUA (NATURAL)


ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
IMMOVABLE PROPERTY
ABANDONED RIVER BED/CHANGE IN THE COURSE OF
AVULSION/BY FORCE OF RIVER
RIVER
Definition: It is the accretion which takes place when the current of
Rule: River beds which are abandoned through the NATURAL change
the river, creek or torrent segregates from an estate on its bank a
in the course of waters ipso facto belong to the owners whose lands
known portion and transfers it to another estate, in which case, the
are occupied by the new course in proportion to the area lost.
owner of the estate to which the segregated portion belonged, retains
Requisites:
the ownership thereof.
1. There must be a natural change in the course of the waters of the
river; the law speaks of change of river course such that if a river
Requisites:
simply dries up or disappears, the bed left dry will belong to public
dominion; the river must continue to exist with a new bed.
1. The segregation and transfer must be caused by the current of a
2. The change must be abrupt or sudden; the change must be more
river, creek, or torrent (or by other forces, e.g. earthquake).
or less permanent in nature; the change in the river course must
leave dry the old bed and open up a new bed.
2. The segregation and transfer must be sudden or abrupt.
However, the owners of land adjoining the old bed are given
3. The portion of land transported must be known or identifiable.
preferential right to acquire the same by paying the value thereof to
promote the interest of agriculture because the riparian owners of the
The owner of the estate to which the segregated portion belongs
old course/bed can better cultivate the same. The indemnification to be
preserves his ownership of the segregated portion provided he
paid shall not exceed the value of the area occupied by the new bed.
removes (not merely claims) the same within the period of 2 years.
Failure to do so would have the effect of automatically transferring
River beds are part of public domain. In this case, there is
ownership over it to the owner of the other estate.
abandonment by the government of its right over the old bed. The
owner of the invaded land automatically acquires ownership of the
Alluvion Avulsion same without the necessity of any formal act on his part.
The deposit of soil is gradual. The deposit it is sudden and In proportion to the area lost implies that there are two or more
abrupt. owners whose lands are occupied by the new bed. Therefore, if only
The deposit of the soil belongs to The owner of the property from one owner lost a portion of his land, the entire old bed should belong to
the owner of the property where which a part was detached him.
the same was deposited. retains the ownership thereof.
The soil cannot be identified. The detached portion can be
identified. ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
NEW RIVER BED WITHOUT ABANDONMENT
Rule: Whenever a river, changing its course by NATURAL causes,
opens a new bed through a private estate, this bed shall become of Definition: It is the union of 2 movable things belonging to different
public dominion. owners in such a way that they form a single object, but each one of
the component things preserves its value.
The bed of a public river or stream is of public ownership. If the river
changes its course and opens a new bed, this bed becomes of public Characteristics:
dominion even if it is on private property.
The law does not make any distinction whether the river is navigable 1. There are two movables belonging to different owners.
or not. 2. They are united in such a way that they form a single object.
3. They are so inseparable that their separation would impair their
ACCESSION CONTINUA (NATURAL) nature and result in substantial injury to either component.
IMMOVABLE PROPERTY
BRANCHING OF COURSE OF RIVER Kinds:

Rule: Whenever the current of a river divides itself into branches, 1. Inclusion or engraftment (e.g. Diamond is set on a gold ring).
leaving a piece of land or part thereof isolated, the owner of the land
retains his ownership thereto. He also retains ownership to a portion of 2. Soldadura or soldering (e.g. Lead is united or fused to an object
his land separated from the estate by the current. made of lead; it is ferruminacion if both the accessory and principal
objects are of the same metal; and plumbatura if they are of
The provision does not refer to the formation of islands through different metals).
accretion, but refers to the formation of an island caused by a river
dividing itself into branches resulting in: 3. Escritura or writing (e.g. when a person writes on paper belonging
a. Isolation (without being physically transferred) of a piece of land to another).
or part thereof; OR
b. Separation (physical transfer, but not to the point of becoming 4. Pintura or painting (e.g. when a person paints on canvas
avulsion) of a portion of land from an estate by the current belonging to another).
The owner preserves his ownership of the isolated or separated
property. 5. Tejido or weaving (e.g. when threads belonging to different
The law does not make any distinction whether the river is navigable owners are used in making textile).
or not.
Where adjunction involves 3 or more things, the following rules shall
also be applied equitably.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
FORMATION OF ISLANDS
Rules: Sentimental value shall be duly appreciated.
Rules:
1. If formed on the seas within the jurisdiction of the 1. ADJUNCTION IN GOOD FAITH: If the union took place without
Philippines, on lakes, or on navigable or floatable rivers: the bad faith, the owner of the principal thing acquires the accessory,
island belongs to the State as part of its patrimonial property. with the obligation to indemnify the owner of the accessory for its
value.
A navigable river is one which in its natural state affords a channel
for useful commerce and not such as is only sufficient to float a banca Tests to determine the principal in adjunction: In the order of
or a canoe. application, the principal is that:
a. To which the accessory has been united as an ornament or for its
2. If formed in non navigable and non floatable rivers: use or perfection (RULE OF IMPORTANCE AND PURPOSE).
b. Of greater value, if they are of unequal values.
a. It belongs to the nearest riparian owner, or owner of the margin c. Of greater volume, if they are of an equal value.
or bank nearest to it as he is considered on the best position to d. Of greater merits taking into consideration all the pertinent legal
cultivate and develop the island. provisions applicable as well as the comparative merits, utility and
volume of their respective things.
b. If the island is in the middle of the river, the island is divided
longitudinally in halves. If the island formed is longer than the In paintings and sculpture, writings, printed matter, engraving and
property of the riparian owner, the latter is deemed ipso jure to be lithographs, the board, metal stone, canvas, paper or parchment shall
the owner of that portion which corresponds to the length of that be deemed the accessory thing.
portion of his property along the margin of the river.

c. If a single island be more distant from one margin than from the 2. ADJUNCTION IN BAD FAITH: If the union took place in bad
other, the owner of the nearer margin shall be the sole owner faith, the following rules shall apply:
thereof.
a. Bad faith on the part of owner of accessory:
ACCESSION CONTINUA (INDUSTRIAL)
I. He shall lose the thing incorporated, AND
MOVABLE PROPERTY
ADJUNCTION OR CONJUNCTION
II. He shall be liable for damages to the owner of the principal 2. Confusion or the mixture of liquid things belonging to different
thing, or the payment of the price, including its sentimental owners.
value as appraised by experts.
III. The principal may demand for the delivery of a thing equal Rules: Sentimental value shall be duly appreciated.
in kind and value and in all other respects to that of the
principal thing, or the payment of the price, including its 1. Mixture by will of both the owners or by chance:
sentimental value as appraised by experts.
a. Their rights shall first be governed by their stipulations.
b. Bad faith on the part of the owner of the principal: b. If the things mixed are of the same kind and quality, there is no
conflict of rights, and the mixture can easily be divided between
The owner of the accessory thing is given the option either: the 2 owners.
c. If the things mixed are of different kind and quality, in the absence
I. To require the owner of the principal thing to pay the value of a stipulation, each owner acquires a right or interest in the
of the accessory thing, plus damages. mixture in proportion to the value of his material as in co-
II. To have the accessory thing separated even if it be ownership.
necessary to destroy the principal thing, plus damages.
III. The accessory may demand for the delivery of a thing equal 2. Mixture caused by an owner in good faith or by chance:
in kind and value and in all other respects to that of the
accessory thing, or the payment of the price, including its a. Their rights shall first be governed by their stipulations.
sentimental value as appraised by experts. b. If the things mixed are of the same kind and quality, there is no
conflict of rights, and the mixture can easily be divided between
c. Both parties in bad faith: their respective rights are to be the 2 owners.
determined as though both acted in good faith. c. If the things mixed are of different kind and quality, in the absence
of a stipulation, each owner acquires a right or interest in the
mixture in proportion to the value of his material as in co-
ownership.
WHEN SEPARATION OF THINGS UNITED ALLOWED
Co-ownership arises when the things mixed are of different kinds or
a. In case of separation without injury, their respective owners quality. The expenses incident to separation shall be borne by all the
may demand their separation. owners in proportion to their respective interests in the mixture.

b. In case the accessory is much more precious than the principal, 3. Mixture caused by an owner in bad faith: The owner in bad
the owner of the accessory may demand its separation even faith not only forfeits the thing belonging to him but also becomes
though the principal may suffer injury. liable to pay indemnity for the damages caused to the other owner.

c. In case the owner of principal acted in bad faith. 4. Mixture by both owners in bad faith: There is bad faith when
the mixture is made with the knowledge and without the objection
of the other owner. Accordingly, their respective rights shall be
determined as though both acted in good faith.

ACCESSION CONTINUA (INDUSTRIAL)


MOVABLE PROPERTY ACCESSION CONTINUA (INDUSTRIAL)
COMMIXTION OR CONFUSION MOVABLE PROPERTY
SPECIFICATION
Definition: Takes place when two or more things belonging to different
owners are mixed or combined with the respective identities of the Definition: Takes place whenever the work of a person is done on the
component parts destroyed or lost. material of another, and such material, as a consequence of the work
itself, undergoes a transformation.
Commixtion/confusion Adjunction
There is a greater degree of Union of two movable things in 1. Worker and owner of the materials in good faith: The worker
interpenetration, and in certain such a way that they form a becomes the owner of the work/transformed thing but he must
cases, even decomposition of single object but each one of indemnify the owner of the material for its value.
the things which have been the component things
mixed. preserves its value. Exception: If the material is more precious or of more value than the
work/transformed thing, the owner of the material may choose:
Strictly speaking, there is no accession in mixture since there is
neither a principal nor an accessory. a. To appropriate the new thing to himself but must pay for the value
of the work or labor, OR
b. To demand indemnity for the material.
Kinds: The mixture may be voluntary or by chance.

1. Commixtion or the mixture of solid things belonging to different


2. Worker in bad faith but the owner of the material in good
owners.
faith: The owner of the material has the option either:
a. To appropriate the work to himself without paying the maker, OR A legal title may consist in full ownership or in the naked ownership
b. To demand the value of the material plus damages. which is registered in the name of the plaintiff.
If the plaintiff has the beneficial interest in the property the legal title
Limitation: The first option is not available in case the value of the of which pertains to another, he is said to have an equitable title.
work, for artistic or scientific reasons, is considerably more than that of An interest in property is any interest short of ownership, like the
the material, to prevent unjust enrichment. interest of a mortgagee or a usufructuary.

3. Owner of the materials in bad faith but the worker is in good 2. There is an instrument, record, claim, encumbrance or
faith: The owner of the material is in bad faith when he does not proceeding which is apparently valid or effective.
object to the employment of his materials. Accordingly, he shall 3. Such instrument is in truth and in fact, invalid, ineffective, or
lose his materials and shall have the obligation to indemnify the voidable, or unenforceable, or has been extinguished or
worker fro the damages he may have suffered (Art. 470 by terminated, or has been barred by extinctive prescription.
analogy, Tolentino). 4. Such instrument may be prejudicial to said title.
5. The Plaintiff must return to the defendant all benefits he may have
4. Both owners are in bad faith: Their rights shall be determined received from the latter, or reimburse him for expenses that may
as though both acted in good faith. have redounded to the plaintiffs benefit.
The purpose of the action to quiet title is solely to remove the cloud
Adjunction, Mixture, and Specification distinguished: on the plaintiffs title or to prevent a cloud from being cast upon his title
and not to obtain any other benefits.
1. In Adjunction and Mixture, there would be at least two things,
while in the Specification, there may be only one thing whose form Characteristics of a cloud based on defect in instrument:
is changed. a. The defect in the instrument is NOT apparent on its face and,
therefore, has to be proved by extrinsic evidence. If the instrument
2. In Adjunction and Specification, the component parts retain or is invalid on its face, there is no cloud to speak of for the purpose
preserve their nature, while in Mixture, the things mixed may or of an action to quiet title.
may not retain their respective original nature. b. The alleged cloud must be prima facie substantial, and cast a
suspicion on the title or interest to which it is hostile as will
3. In Adjunction and Specification, the principle that accessory injuriously affect++t the owner in maintaining his rights.
follows the principal applies, while in Mixture, co- ownership
results. Apprehended or threatened cloud: The Court has the power to
prevent the casting of a cloud on title to property provided that the cloud
APPRAISAL OF SENTIMENTAL VALUE: Sentimental value shall is not merely speculative. Relief is granted if the threatened or
be duly appreciated in the payment of the proper indemnity in anticipated cloud is one which, if it existed, would be removed by suit
accessions with respect to movable property. to quite title.

Sentimental value attached to a thing is not always easy to CLOUD DUE TO EXTINGUISHMENT OF RIGHT OR
estimate, as such it may be considered by the court. PRESCRIPTION: When the contract, instrument or other obligation
has been extinguished or has terminated, or has been barred by
extinctive prescription, there may also be an action to quiet title or to
remove a cloud therefrom.
QUIETING OF TITLE Nature of actions to quiet title:
a. These actions are not technically suits in rem, nor are they strictly
Concept of quieting of title: An action to quiet the title to property or speaking, in person, but being against the person in respect of the
to remove a cloud thereon is a remedy or form of proceeding originating res, wherein the judgment does not extend beyond the property in
in equity jurisprudence which has for its purpose an adjudication that a controversy, these proceedings acquire a status that may be
claim or title to or an interest in property, adverse to that of the characterized as suits quasi in rem.
complainant, is invalid, so that the complainant or his assignees may b. The action may be brought as an independent civil action.
be forever afterward free from any danger of hostile claim. c. Petitions for quieting of title should take precedence over
ejectment case to prevent multiplicity of suits.
Action to quiet title: A remedy or proceeding which has for its
purpose an adjudication that a claim of title to realty or an interest Property to which action is applicable:
thereon, adverse to the plaintiff and those claiming under him may a. Real property or any interest therein.
forever be free of any hostile claim. b. Certain types of personal property (e.g. vessels, motor vehicles,
certificate of stocks) which partake of the nature of real property
What is a cloud on title? or are treated to some extent as realty because of registration
It is a semblance of title, either legal or equitable, or a claim or a right requirements for ownership or transactions.
in real property, appearing in some legal form which is, in fact, invalid
or which would be inequitable to enforce. Examples/Instances of cloud of title:
a. An absolute fictitious contract of sale or a sale of simulated
REQUISITES FOR EXISTENCE OF CLOUD: consideration.
1. The plaintiff in an action to quiet title must have a legal or b. A sale by an agent without written authority or after expiration of
equitable title to, or an interest in the real property which is the his authority.
subject matter of the action. c. A forged contract.
d. A contract of sale or donation which has become imperative a. The land or tenement of another, OR
because of non performance by the vendee or donee of a b. To travelers over a public or private road.
condition precedent.
e. A voidable contract. In case of his failure to do so, the administrative authorities, in the
exercise of police power, may order its removal at the expense of the
Action to quiet title Action to remove a cloud owner.
Purpose is to put an end to Purpose is the removal of a
troublesome litigation in respect possible foundation for a future The police power of the State includes the power to abate nuisance
to the property involved. hostile action. per se or per accidens. Ruinous buildings and trees in danger of falling
A remedial action involving a A preventive action to prevent are nuisances per se.
present adverse claim. a future cloud on the title.
Plaintiff asserts his own estate Plaintiff declares his own title CO-OWNERSHIP
and declares GENERALLY that and avers the source and
defendant claims some estate in nature of defendants claim, Definition: A form of ownership which exists whenever an undivided
the land, without defining it, and point out its defect, and prays thing or right belongs to different persons; As a right, it has been defined
avers that the claim is without that it be declared void. as the right of common dominion which two or more persons have in a
foundation, and calls on the spiritual or ideal part of a thing which is not materially or physically
defendant to set forth the nature divided.
of his claim, so that it may be
determined by decree. Requisites/characteristics:
a. Plurality of subjects.
PRESCRIPTIBILITY OF ACTION: b. Unity of object or material indivision.
a. An action to quiet title brought by a person who is in possession c. Recognition of ideal or intellectual shares of co-owners which
of the property is imprescriptible. determine their rights and obligations.
b. If the plaintiff is not in possession of the property, he must invoke
his remedy within the proper prescriptive period of ten or thirty The relationship between and among the co-owners is fiduciary in
years depending on ordinary or extraordinary prescription. character and attribute. Hence, each co-owner becomes a trustee for
the benefit of his co-owners and he may not do any act prejudicial to
Defenses against quieting of title: the interest of his co-owners.
a. Prescription.
b. Acquisition by the defendant of the title to the property by adverse Causes: Co-ownership may arise from
possession. a. The Law as in party walls, fences and in the legal conjugal
c. Res judicata. partnership.

Reliefs: b. Contracts.
a. The instrument constituting the cloud is decreed to be
surrendered and cancelled. c. Succession when a person dies intestate, leaving his
b. In case of a cloud which has been cast upon title by alteration in properties undivided to several heirs, who become co-owners of
a deed, relief may be awarded by decreeing restoration of the the inheritance.
deed to its original state.
d. Fortuitous event or chance as in cases of commixtion and
PROCEDURE OF QUIETING OF TITLE: The principle of the general confusion caused by accident or chance, and of hidden treasure
law on quieting of title shall apply. Also, it shall be governed by such accidentally discovered by a stranger on the land of another.
Rules of Court as the Supreme Court shall promulgate.
The SC has not yet promulgated the particular rules on the quieting e. Occupancy when 2 persons catch a wild beast or gather forest
of title. products.

RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING SHARE OF COOWNERS IN BENEFITS AND CHARGES: It shall be
proportional to their respective interests in the co-ownership. Any
Rules as to constructions: The owner has the duty to demolish a stipulation in a contract to the contrary shall be void.
building, or any other construction which is in danger of falling or to
repair the same in order to prevent it from falling.
The article speaks of stipulation in a contract. Hence, if the co-
ownership is created other than by a contract (will or donation), the
share of the coowners need not be proportionate to their respective
In case of his failure to do so, demolition of the structure at the expense
of the owner, or when demolition is not necessary, take measures to interests (DE LEON).
insure public safety.
LIMITATIONS ON COOWNERS RIGHT OF USE:
The owner is liable for damages whether or not he had actual Each coowner may use the thing owned in common provided he does
so:
knowledge of the ruined condition of his building or other construction.

Related provisions: See Articles 1723, 2190, 2191, 2192. 1. To the purpose for which the coownership is intended.

Rules as to trees: The owner of the tree shall be obliged to remove it To determine the purpose for which the property is intended,
the agreement of the parties should govern. In default of such
whenever it threatens to fall in such a way as to cause damage to:
agreement, it is understood that the thing is intended for that use for compelled to renounce his share therein. Renunciation is a voluntary
which it is ordinarily accepted to its nature, or the use to which it has and free act.
been previously devoted.
Remedy of a co-owner: Any one of the latter may exempt
The purpose of the co-ownership may be changed by agreement, himself from this obligation by renouncing so much of his
express or implied. undivided interest as may be equivalent to his share of the
expenses and taxes.
Mere tolerance on the part of the co-owners cannot legalize the
change in the use of a thing from that intended by the parties. Prejudicial renunciation: No such waiver shall be made if it is
prejudicial to the co-ownership.
2. Without prejudice to the interests of the coownership.
Illustration: In a building owned in common, urgent repairs are
A co-owner cannot devote community property to his exclusive use. needed. Otherwise, the building is going to collapse. A owns 2/3
interest in the building, and B and C own 1/6 each. If B and C
A coowner may not convey or adjudicate to himself in fee simple, have each just enough funds equal to 1/6 of the expected
by metes and bounds, a determinate physical portion of real estate expenses for the repair of the building, and then A renounces in
owned in common. their favor all his interest in the building, the repair may become
impossible of accomplishment for lack of funds. The waiver in
3. Without preventing the other coowners from using it this case is void. B and C can proceed to have the building
according to their rights. repaired, and A would still be bound to pay his share of the
expenses, notwithstanding his renunciation.
The co-owners may establish rules regarding their use of the thing
owned in common. In default thereof, there should be a just and Rules on renunciation:
equitable distribution of uses among all the co-owners. a. Total or partial.
EJECTMENT SUIT: b. Expressly made a tacit renunciation cannot produce any
a. Can be brought by anyone of the coowners. effect.
c. The renunciation is in reality a case of dacion en pago; the
A co-owner may bring such an action without the necessity of debt of the co-owner consisting of his share in the expenses
joining all the other co-owners as co-plaintiffs because the suit is of preservation and taxes, is paid, not in money, but in an
deemed to be instituted for the benefit of all. interest in property.
d. Since the renunciation refers to a portion equivalent in
However, if the action is for the benefit of the plaintiff alone, such value to the share of the renouncing co-owner in an existing
that he claims the possession for himself and not for the co- debt, it is only logical that the other co-owners, who must
ownership, the action will NOT prosper. should the debt of the renouncer in exchange for the portion
being renounced, should consent thereto.
b. Action may be brought not only against strangers but even e. Renunciation refers to existing debts and NOT to future
against a coowner. expenses.
f. Renunciation is a free act; a co-owner may not be
The effect of the action will be to obtain recognition of the co- compelled to renounce.
ownership. The defendant cannot be excluded because he has a g. However, waiver is not allowed if it is prejudicial to the co
right to possess as a co-owner, and the plaintiff cannot recover any ownership.
material or determinate part of the property.
NOTICE OF NECESSITY FOR NECESSARY EXPENSES;
c. An adverse decision in the action is not necessarily res judicata EXPENSES FOR ADMINISTRATION AND BETTER
with respect to the other coowners not being parties to the ENJOYMENT: Repairs for preservation may be made at the will of one
action, but they are bound where it appears that the action was of the co-owners, but he must, if practicable, first notify his co-owners
instituted in their behalf with their express or implied consent. of the necessity for such repairs. Expenses to improve or embellish the
thing shall be decided upon by a majority.
EXPENSES OF PRESERVATION AND TO TAXES: Each co-owner
shall have a right to compel the other co-owners to contribute to the 1. Necessary expenses.
expenses of preservation of the thing or right owned in common and to
the taxes in proportion to their interest therein. A co-owner may advance the expenses for preservation. If
practicable, he is required to give notice to his co-owners of the
Expenses of preservation (necessary expenses) include all those NECESSITY of the repairs to be made but he is NOT required to obtain
which, if not made, would endanger the existence of the thing or reduce their consent.
its value or productivity. They do not imply an improvement or increase. Reason: Each co-owner preserves the rights inherent in ownership in
general, and he should not be prejudiced by the negligence of the
There is no other remedy available against the co-owner who others by making it necessary for him to submit to their resolutions,
refuses to pay his share in the expenses of preservation except an thereby preventing him from taking the necessary measures to prevent
action to compel him to contribute such share. the destruction of the thing or loss of the right owned in common,
although it is within his power to do so.
Failure to contribute does not amount to a renunciation of any
portion of share in the co-ownership. The co-owner in default cannot be Neither lack of notice nor fact of opposition to an intended expense
for preservation does not deprive the co-owner who intends to make
the necessary repairs of the right to do so and would not exempt the Can be created only by Can be created by different
other coowners from the obligation. The resolutions of the majority are agreement causes like law or contract.
binding only with respect to administration and better enjoyment of the The usual purpose is for The usual purpose is for
thing and with respect to expenses to improve or embellish the thing. profit. collective enjoyment and to
Accordingly, the will of one of the co-owners is sufficient authority for maintain the unity and
making or incurring them. preservation of the thing
owned in common.
The only effect of failure to give notice of necessity is to place upon The partnership has a The co-ownership has no
the co-owner who makes the advances the burden of proving the separate juridical personality. separate juridical personality.
necessity of the repairs and the reasonableness of the expenses. The Can be created for a period of Co-ownership cannot exist for
co-owners who were not notified will not be required to contribute to more than 10 years. a period longer than 10 years
expenses which are excessive. although renewable.
A partner cannot transfer his There is freedom of
If due to the opposition of the others, the repairs are not undertaken, rights to 3rd persons without disposition of a co-owners
those who opposed such repairs shall pay the losses and damages the consent of the others. share.
suffered by the community. Can be extinguished by the Death or incapacity of a co-
death or incapacity of one of owner does not extinguished
the partners. co-ownership.
2. Expenses to improve or embellish are a matter of administration
Distribution of profits is Distribution of charges and
and better enjoyment of the thing owned in common. Since they
subject to stipulations. benefits is proportional.
are not essential to the preservation of the thing owned in
common, and can afford to be delayed, the consent of the majority There is mutual There is no mutual
of the coowners is required. representation by the representation by the co
partners. owners.
Majority: There shall be no majority unless the resolution is
approved by the co-owners who represent the controlling interest in the
object of co-ownership (not numerical superiority). DIFFERENT STORIES OF A HOUSE BELONGING TO
DIFFERENT OWNERS
Joint ownership or Tenancy Co-ownership
Anglo-american law concept. Civil law concept. The above form of ownership must be distinguished from a
There is no abstract share Each coowner, together with condominium.
ownership by the joint owners, the other is the owner of the
the rights of the joint tenants whole undivided thing or right Rules: If the titles of ownership do not specify the terms under which
being inseparable (as if they are but at the same time of his they should contribute to the necessary expenses and there exists no
one). own ideal part thereof. agreement on the subject, the following rules shall be observed:
Death of a joint owner Death of a co-owner does not
1. Main walls, party walls, the roof and other things used in common:
extinguishes his rights to the extinguish his rights to the co-
all owners in proportion to the value of the story belonging to each.
tenancy. ownership.
Subrogation/survivorship: The The heirs of the deceased co-
2. Floors of story: each owner shall bear the cost of maintaining the
surviving joint owner acquires owner succeed to the right floor of his story.
the right pertaining to the pertaining to him.
deceased joint owner.
3. Floor of entrance, front door, common yard and common sanitary
A joint owner cannot dispose of A co-owner can dispose of his works: all owners pro rata.
his share in the tenancy without undivided share freely.
the consent of the other joint 4. Stairs from the entrance to the first story: all owners pro rata, with
owners. the exception of the owner of the ground floor.
Minority of a joint owner inures to The minority of a co-owner
the benefit of the other joint cannot be availed of by the 5. Stairs from the first story to the second story: all owners pro rata,
owners for purposes of other co-owners as a defense with the exception of the owner of the ground floor and the first
prescription. against prescription. floor; and so on, successively.

Easement Co-ownership 6. Stairs going to the basement: Owner of the basement.


There is in each co owner a Easement is precisely a
right of dominion over the limitation on the right of R.A. 4726: THE CONDOMINIUM ACT
whole property and over his dominion.
undivided share. Condominium defined: An interest in real property consisting of a
The right of ownership rests The right of dominion is in separate interest in a unity in a residential, industrial or commercial
solely on each every co- favor of one or more persons building and an undivided interest in common, directly or indirectly, in
owner over a single object. and over two or more different the land on which it is located and in other common areas of the
things. building. A condominium may include, in addition, a separate interest
in other portions of such real property. Title to common areas, including
Ordinary partnership Co-ownership the land, or the appurtenant interests in such areas, may be held by a
corporation specially formed for the purpose (condominium
corporation) in which the holders of separate interests shall
automatically be members or shareholders, to the exclusion of others, A lease ceases to be an act of administration and becomes an act
in proportion to the appurtenant interest of their respective units in the of ownership when it is required to be recorded in the Registry of
common areas. Property with a special power of attorney. A special power of attorney
shall be necessary when the lease of any real property is for a period
ALTERATIONS: None of the co-owners shall, without the consent of of more than 1 year.
the others, make alterations in the thing owned in common, even
though benefits for all would result therefrom. However, if the In this management, the majority of interests control, and their
withholding of the consent by one or more of the co-owners is clearly decisions are binding upon the minority. In making these decisions,
prejudicial to the common interest, the Courts may afford adequate however, there should be a notice to the minority, so that they can be
relief. heard, and the majority will be justified in proceeding without previous
consultation with the minority, only when the urgency of the case and
Definition: An act, by virtue of which, a co-owner, in opposition to the the difficulty of meeting so require.
common or tacit agreement, and violating the will of the co-ownership,
changes the thing from the state in which the others believe it should Instances of prejudicial resolution of the MAJORITY:
remain, or withdraws it from the use to which they desire it to be
intended; transformation which change the essence and nature of the 1. When the resolution calls for a substantial change or alteration of
thing. the common property or of the use to which it has been dedicated
by agreement or by its nature.
An alteration constitutes an exercise of the right of ownership, and
not of mere administration. Hence, alterations must be made by the 2. When the resolution goes beyond the limits of mere
consent of all of the co-owners even though the alteration would be administration, or invades the proprietary rights of the co-owners.
beneficial, and not by a mere majority. The consent may be express or
implied as in the case of a co-owner who knows that the alteration is 3. When the resolution exposes the thing to serious danger.
being made, but does not interpose any objection thereto. However, the
consent given must be express to entitle recovery or reimbursement for 4. When the majority refuses to dismiss an administrator who is
the expenses incurred in the alteration. guilty of fraud or negligence.

When the change or alterations merely affect the better enjoyment The administration may be delegated by the co-owners to one or
of the thing, the agreement of the co-owners representing the majority more persons, whether co-owners or not. The powers and duties of
interest is sufficient. such administrators must be governed by the rules on agency.

The coowner who makes such alteration without the express or RIGHTS OF EACH CO-OWNER:
implied consent of the other coowners acts in bad faith, as a
punishment he should: 1. He shall have full ownership of his part (his undivided interest or
a. Lose what he spent. share in the common property).
b. Be obliged to demolish the improvements done.
c. Be liable to pay for losses and damages the community property 2. He shall have full ownership of the fruits and benefits pertaining
or the other coowners may have suffered. thereto.
d. Whatever is beneficial or useful to the co-ownership shall belong
to it. 3. He may alienate, assign or mortgage his ideal interest or share.
The effect of the alienation or mortgage shall be limited to the
RULES FOR ACTS OF ADMINISTRATION AND BETTER portion which may be allotted to him in the division upon the
ENJOYMENT: termination of the co-ownership.
a. For the administration and better enjoyment of the thing owned in
common, the resolutions of the majority of the co-owners shall be 4. He may even substitute another person in the enjoyment of his
binding. part, except when personal rights are involved such as his share
in a right to use and habitation.
b. There shall be no majority unless the resolution is approved by
the co-owners who represent the controlling interest in the object 5. He may by himself extinguish any real right existing on the thing,
of the co-ownership. such as easement or mortgages, because in everything that is for
the benefit of the community, each co-owner represent all the
c. Should there be no majority, or should the resolution of the others.
majority be seriously prejudicial to those interested in the property
owned in common, the Court, at the instance of an interested TERMINATION OF COOWNERSHIP: No co-owner shall be obliged
party, shall order such measures as it may deem proper, including to remain in the co-ownership. Each co-owner may demand at any time
the appointment of administrator. the partition of the thing owned in common.
Characteristics of acts of administration:
Causes of termination:
a. They refer to the enjoyment and preservation of the thing.
1. By the consolidation or merger in only one of the co-owners of all
b. They have transitory effects. the interests of the others.
2. By the destruction or loss or the property coowned.
c. Alterations which do not affect the substance or form of the thing.
3. By acquisitive prescription in favor of a third person or a coowner How partition is effected:
who repudiates the coownership. a. Extrajudicially pursuant to an agreement or by judicial
4. By the termination of the period agreed upon or imposed by the proceedings under Rule 69 of the Rules of Court.
donor or the testator, or the period allowed by law.
5. By the sale by the co-owners of the thing to a third person and b. May be effected in consequence of a suit through a settlement
the distribution of its proceeds among them. between the parties with the approval of a competent court
6. By the partition, judicial or extrajudicial, of the respective
undivided shares of the co-owners. Where in an action for reconveyance and damages does not
Partition shall be governed by the Rules of Court. specifically seek partition, it does not preclude the court from
The mere fact that the partition of the property may affect the considering partition as a remedy under art. 494
usefulness or value of the whole is not a valid excuse for a refusal to
have it partitioned among the co-owners. PRESCRIPTION IN FAVOR OF OR AGAINST A CO-
An action for partition does not prescribe. OWNER: Prescription does not run in favor of a co-owner or co-heir
against his co-owners or co-heirs so long as he expressly or impliedly
Partition defined: The division between two or more persons of real or recognizes the co-ownership.
personal property which they own in common so that each may enjoy
and possess his sole estate to the exclusion of and without interference Where a co-owner or coheir repudiates the co-ownership,
from the others. prescription begins to run from the time of repudiation. Thus, the
imprescriptibility of the action to demand partition cannot be invoked
Exceptions to the right of partition: when one of the co-owners has claimed the property as exclusive
1. When the co-owners have agreed to keep the thing undivided for owner and possessed it for a period sufficient to acquire it by
a certain period of time, not exceeding 10 years. This term may be prescription.
extended by a new agreement.
The excess in 10 years shall be void. When the agreement is that it In order that may prescribe in favor of one of the co-owners, it must
shall continue until one co-owner dies, the indivision cannot go beyond be clearly shown that he has repudiated the claims of the others, and
10 years. If a co-owner dies before 10 years expire, the indivision will that they were apprised of his claim of adverse and exclusive
cease upon such death. ownership, before prescriptive period begins to run.

2. When the partition is prohibited by the donor or testator for a Nature of possession of a coowner: The possession of a co-owner
certain period not exceeding 20 years. is like that of a trustee. No one of the coowners may acquire exclusive
ownership of the common property through prescription for the
3. When another coowner has possessed the property as possession by the trustee alone is not deemed adverse to the rest. In
exclusive owner and for a period sufficient to acquire it by order that his possession may be deemed adverse to the others, the
prescription. following requisites must concur:

4. When a partition is prohibited by law as when the co-owners 1. That he has performed unequivocal acts of repudiation
cannot demand a physical division of the thing owned in common amounting to an ouster of the others.
because to do so would render it unserviceable for the use for
which it is intended. 2. Such positive acts of repudiation have been made known to the
When the thing is essentially indivisible, the co-ownership may be others.
terminated in accordance with the following rules:
a. Agreement between the co-owners that the thing be allotted to 3. The evidence thereon must be clear and convincing.
one of them who shall indemnify the others.
b. If the co-owners cannot agree, the thing shall be sold and its Hence, a mere silent possession of the trustee unaccompanied with
proceeds distributed to the co-owners. acts amounting to an ouster of the cestui que trust cannot be construed
as adverse possession.
5. When from the very nature of the community, it cannot be legally
divided, such as in party walls and the conjugal partnership. Specific acts which are considered acts of repudiation:

Purpose and effect of partition: a. Filing by a trustee of an action in court against the trust to quiet
1. It has for its purpose the separation, division and assignment of title, or recovery of ownership thereof, held in possession by the
the thing held in common among those to whom it may belong; the former.
thing itself may be divided, or its value.
b. The issuance of the certificate of title would constitute an open
2. After partition, the portion belonging to each co-owner has been and clear repudiation of any trust, and the lapse of more than 20
identified and localized, so that co-ownership, in its real sense, no years, open and adverse possession as owner would certainly
longer exists. suffice to vest title by prescription.
Action for partition
PARTICIPATION OF CREDITORS AND ASSIGNEES IN THE
Issues: PARTICIPATION: The creditors or assignees may take part in the
1. Whether or not the plaintiff is indeed a coowner. division of the thing owned in common and object to its being effected
2. How the property is to be divided between the plaintiff and the without their concurrence. But they cannot impugn any partition already
defendant. executed, unless there has been fraud, or in case it was made
notwithstanding a formal opposition presented to prevent it, without exception: those cases mentioned in ART.537.
prejudice to the right of the debtor or assignor to maintain its validity. 2. the holding or control must be with intention to possess.
3. it must be in ones own right.
Creditors: includes all kinds of creditors, provided they became so
during the existence of the coownership. possession is characterized by two relations:
1. the possessors relation to the property itself;
Assignees: refers to transferees of the interests of one or more of the 2. the possessors relation to the world
coowners.
form or degrees of possession
Rules: 1. possession without any title whatever mere holding or
1. If no notice is given, the partition will not be binding upon the possession without any right or title at all e.g. thief, squatter;
creditors. The creditors or assignees may question the partition. 2. possession with a juridical title possession is predicated on a
2. If notice is given, it is their duty to appear and make known their juridical relation existing between the possessor and the owner of
position. the thing but not in the concept of owner e.g. lessee, usufructuary,
3. They cannot impugn a partition already executed or implemented, agent, pledgee, trustee;
unless: 3. possession with a just title possession of an adverse claimant
a. There has been fraud, whether or not notice was given, and whose title is sufficient to transfer ownership but is defective e.g
whether or not formal opposition was presented, OR when the seller is not the true owner or could not transmit his
b. The partition was made notwithstanding a formal opposition rights thereto to the possessor who acted in good faith;
presented to prevent it, even if there has been no fraud. 4. possession with a title in fee simple possession derived from
the right of dominion or possession of an owner note: THIS IS
THIRD PERSONS: The partition of a thing owned in common shall not THE HIGHEST DEGREE OF POSSESSION
prejudice third persons, who shall retain the rights of mortgage, nature of possession
servitude, or any other real rights belonging to them before the division 1. as an act it is simply the holding of a thing or the enjoyment of
was made. Personal rights pertaining to third persons against the co- a right with the intention to possess ones own right;
ownership shall also remain in force, notwithstanding the partition. 2. as a fact when there is holding or enjoyment, then possession
exists as a fact; it is the state or condition of a person having
Third persons refers to all those with real rights or with personal property under his control;
rights against the coowners who had no participation whatever in the 3. as a right refers to the right of a person to that holding or
partition. Such rights of third persons existing before the division was enjoyment to the exclusion of all others having better right than the
made are retained by them or remain in force notwithstanding the possessor; it may be :
partition. -jus possidendi or right to possession which is incidental to
and included in the right of ownership;
LEGAL OR JURIDICAL DISSOLUTION: When the thing is essentially -jus possessionis or right of possession independent of and
indivisible, the co-ownership may be terminated in accordance with the apart from the right of ownership
following rules:
a. Agreement between the co-owners that the thing be allotted to *possession as a fact:
one of them who shall indemnify the others. 1. a possessor has a right to be respected in his possession, and
b. If the co-owners cannot agree, the thing shall be sold and its should he be disturbed therein, he shall be protected in or restored
proceeds distributed to the co-owners. to said possession;
2. possession is not a definitive proof of ownership nor is non
The sale may be public or private, and the purchaser may be a co- possession inconsistent therewith; possession, however, may
owner or a third person. create ownership either by occupation or by acquisitive
prescription
OBLIGATIONS OF COOWNERS IN PARTITION:
classes of possession
1. Mutual accounting of benefits received for the fruits and other
benefits of the thing belong to all the co-owners. 1. possession in ones own name or in the name of another;
2. possession in the concept of owner or possession in the concept
2. Mutual reimbursement for expenses, for if they share in the of the holder;
benefits, they should also share in the charges. 3. possession in good faith or possession in bad faith

3. Indemnity for damages caused by reason of negligence or fraud. extent of possession

4. Reciprocal warranty for defects of title or quality of the portion 1. actual possession is the occupancy in fact of the whole or at
assigned to a coowner. least substantially the whole;
2. constructive possession- is occupancy of part in the name of the
POSSESSION whole under such circumstances that the law extends the
occupancy to the possession of the whole
Concept: The holding of the thing or the enjoyment of a right with the
intention to possess in ones own right. *DOCTRINE OF CONSTRUCTIVE POSSESSION
- possession in the eyes of the law does not mean that a man
Elements: has to have his feet on every square meter of ground before
1. there must be holding or control of a thing or right; it can be said that he is in possession;
- the general rule is that the possession and cultivation of a -the distinction is immaterial in the exercise of the right to recover under
portion of a tract of land under claim of ownership of all is art. 539 which speaks of every possessor;
constructive possession;
- the exception is in relation to the size of the tract in -the good or bad faith is necessarily personal to the possessor but in
controversy with reference to the portion actually in the case of a principal and any person represented by another, the
possession of the claimant good or bad faith of the agent or legal representative will benefit or
prejudice him for whom he acts
note: the doctrine does not apply where the possession is wrongful or
the part allegedly constructively possessed is in the adverse requisites for possession in good faith or in bad faith
possession of another 1. the possessor has a title or mode of acquisition;
2. there is a flaw or defect in said title or mode;
ART.524 3. the possessor is unaware or aware of the flaw or defect or
NAME UNDER WHICH POSSESSION MAY BE EXERCISED believes that the thing belongs or does not belong to him

1. in ones own name: the fact of possession, and the right to such *mistake upon a doubtful or difficult question of law may be the basis
possession are found in the same person such as the actual of good faith;
possession of an owner or a lessor of land; -the phrase refers to honest error in the application of the law or
2. in the name of another: the one in actual possession is without interpretation of doubtful or conflicting legal provisions or doctrines;
any right of his own, but is merely an instrument of another in the -it is different from ignorance of the law;
exercise of the latters possession, such as the possession of an -ignorance of the law may only be a basis of good faith in exceptional
agent, servant or guard; it may be: circumstances
-voluntary as when exercised by virtue of an agreement;
-necessary or legal as when exercised by virtue of law, such ART.527
as the possession in behalf of incapacitated person PRESUMPTION OF GOOD FAITH

ART.525 -the provision does not say that good faith exists, but it is presumed;
CONCEPT IN WHICH POSSESSION MAY BE HAD -it is just because possession is the outward sign of ownership

2 concepts: e.g of the presumption:


1. possession in the concept of owner: -defendants possession of personal property alleged to have been
-takes place when the possessor of a thing or right, by his actions ,is stolen will be presumed to have been acquired in good faith until that
considered or is believed by other people as the owner, regardless presumption is overcome by satifactory evidence;
of the good or bad faith of the possessor; -a purchaser of property at a public auction by the sheriff is a possessor
-it is possession under a claim of owership or title by one who is the in good faith although ejected therefrom by a subsequent judgment in
owner himself or one who is not the owner but claims to be and acts as favor of the real owner in the absence of proof of bad faith
the owner;
ART.528
2. possession in the concept of holder: CESSATION OF GOOD FAITH DURING POSSESSION
-takes place when the possessor of a thing or right holds it merely to
keep or enjoy it, the ownership pertaining to another person; -possession which begins in good faith is presumed to continue in good
-it is possession not under claim of ownership, the possessor faith until the possessor acquires knowledge of the facts showing a
acknowledging in another a superior right which he believes to be of defect or weakness in his title
ownership, whether this be true or not;
*bad faith begins or good faith is interrupted from the time the
*possession in concept of both owner and holder or in neither: possessor becomes aware that he possesses the thing improperly
-distinction must be borne in mind between possession of the thing itself or wrongfully NOT from the time possession was acquired;
and possession of the right to keep or enjoy the thing; - in the absence of other facts showing the possessor's
-rights are possessed in the concept of owner knowledge of defect in his title, good faith is interrupted from
the receipt or service of judicial summons;
ART.526 - a possessor in good faith is entitled to the fruits only so long
POSSESSOR IN GOOD FAITH AND POSSESSOR IN BAD FAITH as his possession is not legally interrupted, and so long as
DEFINED his possession is not legally interrupted, and such
interruption takes place upon service of judicial summons
1. possessor in good faith is one who is not aware that there exists
in his title or mode of acquisition any flaw which invalidates it; ART.529
2. possessor in bad faith is one who possesses in any case contrary CONTINUITY OF THE CHARACTER OF THE POSSESSION
to the foregoing e.g. he is aware that there exists in his title or
mode of acquisition a flaw which invalidates it -the character of the possession is presumed to continue until the
contrary is proved
note: the distinction between the two kinds of possession is important other presumptions affecting possession:
principally in connection with the receipt of fruits and the payment of - uninterrupted possession of hereditary property (art.533
expenses and improvements and the acquisition of ownership by par.1);
prescription under art. 1127; - possession with just title (art.541);
- possession with movables with real property (art.542);
- exclusive possession of common property (art.543); 2. thru an authorized person or by his legal representative or agent;
- continuous possession (art.544); 3. thru an unauthorized person or by any person without any power
- uninterrupted possession (art.561); or authority whatever
- possession during intervening period (art. 1138 [2])
acquisition of possession through another
ART.530
OBJECT OF POSSESSION - possession acquired by a person personally or thru another,
may be exercised by him in his own name or in that of
1. must be susceptible of being appropriated; another;
2. need not be susceptible of prescription - if a person authorized to acquire possession for another
acted beyond his powers, the principal is not bound unless
CHAPTER 2 the latter ratifies the act of acquisition; the exception is
ACQUISITION OF POSSESSION when a person voluntarily manages the property or business
of another; in such case, the strangers possession take
ART.531 effect even without ratification by the owner of the property or
WAYS OF ACQUIRING POSSESSION business

1. by the material occupation or exercise of a right; ART.533


2. by the subjection of the thing or right to our will; ACQUISITION OF POSSESSION THROUGH SUCCESSION
3. by proper acts and legal formalities established for acquiring such
right of possession - the rights to the succession are transmitted from the moment
of the death of the decedent;
material occupation or exercise of a right - the effects of the acceptance or repudiation retroact to the
moment of the death of the decedent;
1. with respect to things law requires material occupation as one - if the inheritance is accepted, the possession of the
of the modes of acquiring possession; hereditary property is deemed transmitted by operation of law
- does not have the juridical and technical sense under art. to the heir without interruption and from the moment of the
712 for purposes of acquiring ownership, but in its decedents death
general and material sense or usual and common meaning - - if the inheritance is validly renounced, the heir is deemed
never to have possessed the same
2. with respect to rights such rights are intangible and
cannot logically be occupied, what is required is the exercise of a ART.534
right EFFECTS OF BAD FAITH OF DECEDENT ON HEIR

*the material occupation of a thing as a means for acquiring possession - the heir shall not suffer the consequences of the wrongful
may take place not only by actual delivery but also by constructive possession of the latter because bad faith is personal to the
delivery; decedent and is not transmitted to the heirs;
*it includes; - the heir suffers the consequences of ssuch possession only
-tradicion brevi manu which takes place when one already in from the moment he becomes aware of the flaws affecting
possession of a thing by a title other than the ownership continues to the decedents title
possess the same under a new title, that of ownership;
-tradicion constitutum possessorium which happens when ART.535
the owner continues in possession of the property alienated not as ACQUISITION AND EXERCISE OF RIGHTS OF POSSESSION BY
owner but in some other capacity MINORS AND INCAPACITATED PERSONS

subject to the action of will 1. possession by persons without capacity refers to


-occupation has the effect of subjecting things to the action of the unemancipated minors and other persons who have no capacity
possessors will; the same is true of proper acts and legal formalities; to act as ;
-the law contemplates a distinct cause of acquiring possession and not 2. possession of incorporeal things;
merely an effect; it refers to the right of possession than to possession 3. acquisition of possession by material occupation as a general
as a fact; rule, acquisition of possession by the action of our will and by
the proper acts and legal formalities is not applicable to
*2 kinds of constructive delivery: incapacitated persons;
-tradicion longa manu which is effected by the mere consent 4. exercise of rights of possession through legal representatives
or agreement of the parties; once possession of a thing is acquired by such persons, there is
-tradicion simbolica which is effected by delivering an object born the right of possession of their legal representatives

proper acts and legal formalities ART.536


-refers to acquisition by virtue of a just title; RECOURSE TO THE COURTS

ART. 532 - the above provision applies to one who believes himself the owner of
BY WHOM POSSESSION ACQUIRED real property, if he takes justice in his own hands, he is a
mere intruder and can be compelled to return the property in an action
1. personally or by the same person who is to enjoy it; for forcible entry
ART. 537 2. as equitable mortgage where the contract entered into was
ACTS WHICH DO NOT GIVE RISE TO POSSESSION judicially declared to be actually an equitable mortgage rather than
a contract of sale of a parcel of land, constructive possession
-such acts do not affect possession; the true possessor is deemed to over the land cannot ripen into ownership as it cannot be said to
have enjoyed uninterrupted possession have been acquired and enjoyed it the concept of owner;

1. force or intimidation, as long as there is a possessor who objects 3. as claimant under a possessory information title;
thereto
-rule does not apply if possessor makes no objection, withdraws his 4. as claimant under a certificate of title the rule is well settled that
objection, or takes no action whatsoever after initially objecting to the mere possession cannot defeat the title of a holder of a registered
deprivation; Torrens title to real property; but the true owner of the property
2. acts merely tolerated, which do not refer to all kinds of tolerance may be defeated by an innocent purchaser for value
on the part of the owner or possessor in view of the use of the notwithstanding the fraud employed by the seller in securing title;
word merely;
3. acts executed clandestinely and without the knowledge of the 5. as possessor of forest land cannot ripen into private ownership;
possessor, which mean that the acts are not public and unknown
to the possessor or owner 6. as possessor of a different kind of land since the subject lot is a
different kind of land, the possession no matter how long will
ART. 538 not confer possessory rights over the same
POSSESSION AS A FACT AT THE SAME TIME IN TWO DIFFERENT
PERSONALITIES *tax declarations, assessments, or payment of tax do not prove
ownership of the property nor are even sufficient to sustain a claim for
- personalities as used in the provision is not synonymous to possession over a land, they are merely an indicum of a claim of
persons; ownership
- possession as a fact may exist at the same time in two or
more distinct personalities but, as a general rule, the law will ART. 541
recognize only one as the actual or real possessor; the POSSESSOR IN CONCEPT OF OWNER PRESUMED WITH JUST
exception is provided in cases of co possession (art.484) TITLE

preference of possession: -the just title does not always mean a document or a written
instrument;
1. the present or actual possessor shall be preferred; -the possessor may prove his title by witness;
2. if there are two possessors, the longer in possession; -actual or constructive possession under claim of ownership raises the
3. if the dates of possession are the same, the possessor with a title; disputable presumption of ownership
4. if all the above are equal, the fact of possession shall be judicially
determined, and in the meantime ,the thing shall be placed in *burden of proving just title
judicial deposit 1. the onus probandi is on the plaintiff who seeks the recovery of
property;
CHAPTER 3 2. a person who is not, in fact, in possession cannot acquire
EFFECTS OF POSSESSION a prescriptive right to a land by the mere assertion of a right
therein
ART.539
RIGHTS OF EVERY POSSESSOR *different kinds of title
1. the just title presumed by the provision is title which by itself is
whether in the concept of the owner or holder, the ff are his rights: sufficient to transfer ownership without need of possessing the
1. right to be respected in his possession; property for the period necessary for acquiring title by prescription;
2. right to be protected in or restored to said possession by legal -the presumption of just title does not apply in acquisitive prescription;
means should he be disturbed therein;
3. right to secure from a competent court in an action for forcible 2. for purposes of prescription, there is just title when the adverse
entry the proper writ to restore him in his possession claimant came into possession of the property thru one of the
modes recognized by law for the acquisition of ownership or other
remedies of persons deprived of possession real rights;
1. forcible entry or unlawful detainer;
2. accion publiciana; 3. a colorable title is one which a person has when he buys a thing
3. accion reinvindicatoria; in good faith, from one who is not the owner but whom he believes
4. replevin or manual delivery of personal property is the owner;

ART. 540 4. it is to be distinguished from putative title, being one which a


POSSESSION AS BASIS FOR ACQUIRING OWNERSHIP person believes he has but in fact he has not because there was
no mode of acquiring ownership
1. as holder cannot be the basis of prescription nor possession
acquired through force or intimidation, merely tolerated, or which ART.542
is not public and unknown to the present possessor;
POSSESSION OF REAL PROPERTY PRESUMED TO INCLUDE
MOVABLES 2. in case of civil fruits their accrual, NOT their actual receipt, shall
determine when they are considered received at the time that
-the provision refers to material possession only of things; rights are not good faith is legally interrupted;
covered; - they are deemed to accrue daily and belong to the
-the possession may be in the concept of owner or holder, in ones own possessor in good faith in that proportion
name or in anothers, or in good faith or bad;
ART. 545
ART. 543 PROPORTIONATE DIVISION OF FRUITS AN EXPENSES
EXCLUSIVE POSSESSION OF PREVIOUS CO OWNER DEEMED
CONTINUOUS - the article does not apply when the possessor is in bad faith,
the fruits are civil, or fruits are natural or industrial but they
-the provision speaks of co possession of a thing, not of co have been gathered or severed when good faith ceases
ownership; - a possessor in bad faith has no right whatsoever to the fruits
-the effects of the division retroact to the commencement of the co gathered or pending except necessary expenses for
possession, but the division shall be without prejudice to the rights of gathered fruits;
creditors - the article does not apply to civil fruits which are produced
daily;
interruption in possession of the thing - with respect to fruits already gathered at the time good faith
ceases, art. 544 applies
- both the benefits and the prejudices that might have
taken place during the co possession shall attach to each sharing of expenses and charges:
of the co participants;
- prescription obtained by a co pocessor or co owner shall - if there are pending natural and industrial fruits at the time
benefit the others; good faith ceases, the two possessors shall share in the
- interruption in the possession of the whole or part of a thing expenses of cultivation and the charges in proportion to the
shall be to the prejudice of all possessors; time of possession;
- possession is interrupted for purposes of prescription either - under art. 545, the expenses are not shared in proportion to
naturally (when through any cause it should cease for more what each receives from the harvest; in certain cases, unjust
than one year) or civilly (when the interruption is produced by enrichment may result
judicial summons to the possessor; in civil interruption, inly
those possessors served with judicial summons are affected) option of the owner

note: according to the above provision, interruption must refer to the - the owner or new possessor who recovers possession has
whole thing itself or part of it and not to a part or right of a co the option to either:
possessor; 1. pay the possessor in good faith indemnity for his cultivation
-in a co possession, there is only one thing and many possessors, if expenses and charges and his share in the net harvest or;
the right of a co possessor is contested, he alone shall be prejudiced; 2. to allow instead the possessor in good faith to finish the
with respect to the thing , the prejudice shall be against all; cultivation and gathering of the growing fruits in lieu of said
-the reason behind this is that the thing being undivided, it would be indemnity
unjust to make the injury to fall on only one co-possessor although only
the possession of a part of the thing may have been interrupted refusal of the possessor in good faith for any reason whatsoever
to accept the concession forfeits his right to be indemnified in any
ART. 544 manner
RIGHT OF POSSESSOR IN GOOD FAITH TO FRUITS RECEIVED
where there are no fruits or fruits less than expenses
- the fruits of a thing generally belong to the owner but a
possessor in good faith is entitled to the fruits received until - the rule in art. 545 that the expenses shall be borne in
good faith ceases and bad faith begins proportion to the period of possession cannot apply;
- if the fruits are merly insufficient, the same should be divided
note: the right of the possessor in good faith is limited to the fruits, in proportion to their respective expenses;
referring to natural, industrial, and civil fruits; other things belong to the - if there are no fruits, each should bear his own expenses
owner of the land; but the possessor in good faith is liable for subject to the rights of the possessor in good faith to be
reasonable rents being civil fruits, from the time of the interruption of refunded for necessary expenses under art.546, unless the
good faith owner or new possessor exercises his option as mentioned
above
when fruits considered received
ART. 546
1. in the case of natural and civil fruits considered received from GENERAL RULES AS TO EXPENSES
the time they are gathered or severed;
- fruits gathered before legal interruption belong to the 1. possessor in good faith entitled to many rights;
possessor in good faith; 2. possessor in bad faith generally without rights;
- if the fruits are still ungathered or unharvested, art. 545
applies NECESSARY EXPENSES
the useful improvements must have been attached to
- are those incurred for the preservation of the thing; seeks to the principal thing in a more or less permanent way that their
prevent the waste, deterioration or loss of the thing; removal would necessarily cause some damage or injury to the
- GOOD FAITH: if possessor is in good faith, he shall be thing;
entitled to be refunded; the damage must be substantial or one that will cause diminution
- he may retain the thing until he is reimbursed therefor; in the value of the property
- during period of retention he cannot be obliged to pay rent
or damages for refusing to vacate premises forhe is merely note: injuries which only need ordinary repairs are not covered and the
exercising hs right of retention which has the character of a possessor may remove the improvements; the repairs are at the
real right registrable as an encumberance on the certificate expense of the possessor since it is he who is benefitted by the removal
of title;
ART. 548
- BAD FAITH: if the possessor is in bad faith, he is entitled EXPENSES FOR PURE LUXURY OR MERE PLEASURE
only to a refund without right of retention
- are expenses not necessary for the preservation of a thing
a possessor whether in good faith or bad faith, is not granted the nor do they increase its productivity although they add value
right of removal with respect to necessary expenses as they affect to the thing, but are incurred merely to embellish the thing
the existence or substance of the property itself and for convenience or enjoyment of particular possessors

USEFUL EXPENSES 1. GOOD FAITH if the possessor is in good faith, he is not entitled to
refund but may remove the ornaments on 2 conditions:
- are expenses which add value to a thing, or augment its -the principal thing suffers no damage or injury thereby;
income, or introduce improvements thereon or increase its -the successor in possession does not prefer to refund the
usefulness to the possessor, or better serve the purpose for amount expended
which it was intended; 3. BAD FAITH the possessor in bad faith has the same rights
- GOOD FAITH: if the possessor is in good faith, he has also above but the owner or lawful possessor is liable only for the value
the right of reimbursement and retention, as with regard to of the ornaments, in case he prefers to retain them, at the time he
necesary expenses, or he may remove them provided such enters into possession
can be done without damage to the principal thing;
- the rights of the possessor in good faith are subject to the note: neither the possessor in good faith nor the possessor in bad faith
superior right of a prevailing party to exercise his option either is entitled to reimbursement for luxurious expenses unless the
to pay the amount of the expenses or the increase in the prevailing party decides to keep the improvements
value of the thing
ART. 549
- BAD FAITH: if the possessor is in bad faith, he has no right RIGHTS AND LIABILITIES OF POSSESSOR IN BAD FAITH
whatsoever, neither refund nor retention nor removal,
regarding useful expenses; 1. FRUITS: he is entitled to the fruits;
a. he must reimburse the value of fruits received subject to art. 443;
- Useful expenses incurred during the period of retetion by b. he has no right whatsoever with respect to pending fruits (art.
a possessor in good faith are to be considered in bad faith; 449);
c. he must reimburse the value of fruits which the legitiamate
ART. 547 possessor could have received subject to art. 443;
REMOVAL OF USEFUL IMPROVEMENTS 2. NECESSARY EXPENSES: he is only entitled to reimbursement
without right of retention
1. possessor in good faith right of removal is subject to 3. USEFUL EXPENSES: he is entitled to refund and forfeits the
2 conditions: improvements; no right of removal;
- the removal can be done without damage or injury to the 4. LUXURIOUS EXPENSES: he is not entitled to refund; he loses
principal thing; the improvements but he is granted the limited right of removal;
- the prevailing party does not choose to keep the 5. CHARGES: he shall share them with the owner or lawful
improvements by refunding the expenses incurred or paying possessor in proportion to the time of their possession;
the increase in value which the thing may have acquired by 6. DETERIORATION OR LOSS: he is always liable, whether due to
reason thereof his fault or negligence, or due to a fortuitous event
if the two conditions are present, the prevailing party cannot
refuse the possessors right to remove but he cannot compel him ART.550
to remove; the right is purely potestative; if the first condition is not COSTS OF LITIGATION OVER PROPERTY
present and the prevailing party does nor choose to reimburse the
possessor in good faith, the latter has no right to remove - shall be borne by the possessor of the propery because they
redound to his benefit, the court action being necessary to
2. possessor in bad faith he cannot remove the useful maintain his possession;
improvement even if removal is possible without injury to the - every possessor refers really to any possessor; it does not
principal thing; the rule is different with respect to improvements include the prevailing party who succeeds in the possession
for pure luxury or mere pleasure (art.549)
ART.551 hardly apply to land, as to which said mode of acquisition is
IMPROVEMENTS CAUSE BY NATURE OR TIME not available

- the provision covers all the natural accessions which must by assignment
follow the ownership of the principal thing, and generally, all - is understood to mean the complete transmission of the
improvements that are not due to the will of the possessor thing or right to another by any lawful manner;
ART.552 - it may either be onerous or gratuitous;
LIABILITY FOR LOSS OR DETERIORATION - the effect is that he who was the owner or possessor is no
longer so
1. possessor in GOOD FAITH:
a. before receipt of judicial summons, a possessor in good faith by destruction, total loss, or withdrawal from commerce
is presumed to continue in the same character;
- he is not liable to the owner for damages caused to the - a thing is lost when it perishes, or goes out of commerce, or
property even if due to his fault or negligence; disappears in such a way tht its existence is unknown, or
b. after receipt of judicial summons, his good faith is converted cannot be recovered
into bad faith
by possession of another for more than one year
2. possessor in BAD FAITH: - this refers to possession de facto and not de jure
-he is liable whether or not the loss or deterioration occurred
before or after receipt of judicial summons and whether or not due by recovery by lawful owner or possessor
to a fortuitous event
- recovered in an reinvindicatory action or in an action to
ART.553 recover the better right of possession
IMPROVEMENTS WHICH HAVE CEASED TO EXIST
ART. 556
- having ceased to exist, the owner or lawful possessor who LOSS OF POSSESSION OF MOVABLES
came too late cannot benefit from them;
- but he is liable for necessary expenses even if the thing for 1. the possession of movables shall be deemed lost when they
which they were incurred no longer exists; necesary cease to be under the control of the possessor;
expenses are not considered improvements 2. possession is not lost by the mere fact that the possessor does
not know for the time being the precise whereabout of a specific
ART.554 movable when he has not given up all hope of finding it
PRESUMPTION OF POSSESSION DURING INTERVENING PERIOD
ART. 557
- the provision contemplates a situation where a present LOSS OF POSSESSION OF IMMOVABLES AND REAL RIGHTS
possessor is able to prove his possession of a property at a WITH RESPECT TO THIRD PERSONS
prior period but not his possession during the intervening
period; - third persons are not prejudiced except in accordance with
- he is presumed to have the property continuously without the provisionss of the mortgage law and registration law
interruption, unless the contrary is proved
ART. 558
ART.555 POSSESSORY ACTS OF A MERE HOLDER
MODES OF LOSING POSSESSION
-the possessor referred in this provision is the same possessor
- the provision applies both to real and personal property mentioned in art. 525;
except no. 4 which obviously refers to real property -acts relating to possession of a mere holder do not bind or prejudice
the possessor in the concept of owner unless said acts were previously
by abandonment authorized or subsequently ratified by the latter;
- the voulutary renunciation of all rights which a person has -possession may be acquired for another by a stranger provided there
over a thing thereby allowing a third person to acquire be subsequent ratification
ownership or possession thereof by means of occupancy;
- abandoner may be the owner or a mere possessor, but the ART. 559
latter obviously cannot abandon ownership which belongs to RIGHT OF POSSESSOR WHO ACQUIRES MOVABLE CLAIMED BY
another; ANOTHER
- since abandonment involves the renunciation of property
right, the abandoner must have a right to the thing if the acquisition was in good faith, below are the rules:
possessed and the legal capacity to renounce it;
- there must be an intention to abandon (spes recuperandi is 1. possession equivalent to a title
gone and the animus revertendi is finally given up;
- by voluntary abandonment, thing becomes without an DOCTRINE OF IRREINVINDICABILITY provides that possession of a
owner or possessor and is converted into res nullius and may movable is presumed ownership; it is equivalent to a title; no further
thus be acquired by a third person by occupation; proof is necessary
- abandonment which converts the thing into res nullius,
ownership of which may be acquired by occupation can
- the rule is necessary for the purposes of facilitating at the designated time, either the same thing, or, in special
transactions on movable property which are usually done cases, its equivalent
without special formalities;
- the possessors title is however not absolute; it is equivalent characteristics:
to title but not title itself; it is merely presumptive because it 1. it is a real right;
can be defeated by the true owner 2. it is of temporary duration;
3. it is transmissible;
2. where owner or possessor has lost or has been unlawfully 4. it may be constituted on real or personal property, consummable
deprived of a movable or non consummable, tangible or intangible, the ownership of
which is vested on another
- right of ownership, a real right;
- it is however necessary in order that the owner of a chattel classification
may contest the apparent title of the possessor that he 1. as to whether or not impairment of object is allowed:
present adequate proof of the loss or illegal deprivation; - normal;
- the legitimate owner or possessor should avail himself of the - abnormal
proper remedy of replevin under the Rules;
- non payment of price by transferor only creates a right to 2. as to origin:
demand payment or to rescind the contract, or to criminal - legal;
prosecution in the case of bouncing checks - voluntary;
- mixed
3. where the property was acquired at a public sale the owner
cannot recover without reimbursing the price paid therefor; 3. as to number of usufructuaries:
4. the rule is that no one can give what he has not; sale is a - simple;
derivative mode of acquiring ownership and the vendee gets only - multiple which may either be :
such rights the vendor had; -simultaneous;
-successive
*the ff are some exceptions: 4. as to terms ot conditions:
- where the owner of the movable is, by his conduct, - pure;
precluded from denying the sellers authority to sell; - with a term or period;
- where the law enables the apparent owner to dispose of the - conditional
movable as if he were the true owner thereof; 5. as to quality or kind of object:
- where the sale is sanctioned by statutory or judicial authority - of things;
- of rights
ART. 560 6. as to quantity or extent of object
POSSESSION OF ANIMALS - total;
- partial
*animals may be: 7. as to extent of owners patrimony;
- wild; - universal;
- domesticated; - particular
- domestic or tame
impairment of object of usufruct is allowed into:
ART. 561 1. normal that which involves non consumable things which the
LAWFUL RECOVERY OF POSSESSION UNJUSTLY LOST usufructuary can enjoy without altering their form or substance,
though they may deteriorate or diminish by time or by the use to
- the article applies both to possession in good faith as well as which they are applied; it is also known as perfect or regular
to possession in bad faith, but only if beneficial to the ususfruct;
possessor; 2. abnormal that which involves things which would be useless to
- the recovery of possession must be according to law, that is the usufructuary unless they are consumed or expended
,through legal means or by requesting the aid of competent
authorities; *DISTINGUISHED FROM LEASE
- otherwise, the benefit of continuous and uninterrupted
possession during the intervening period cannot be invoked 1. as to nature of right usufruct is always a real right, lease is
generally a personal right;
TITLE VI USUFRUCT 2. as to creator of right in usufruct, the person creating it should
be the owner or his duly authorized agent, while in lease, the
CHAPTER 1 lessor may not be the owner;
USUFRUCT IN GENERAL 3. as to origin usufruct may be created by law, contract, or will of
the testator or by prescription, while lease is generally created by
ART. 562 contract;
USUFRUCT DEFINED 4. as to extent of enjoyment usufruct covers all the fruits and all
the uses and benefits of the entire property, while lease generally
- a real right , of a temporary nature, which authorizes its refers to certain uses only;
holder to enjoy all the benefits which result from the normal 5. as to cause usufruct involves a more or less passive owner who
enjoyment of anothers property, with the obligation to return, allows the usufructuary to enjoy the object given in usufruct, while
lease involves a more active owner or lessor who makes the
lessee to enjoy; 2. as to the usufruct itself
6. as to repairs and taxes the usufructuary pays for ordinary
repairs and taxes on the fruits, while in lease, the lessee is not a. to alienate the right of usufruct except parental usufruct;
generally under obligation to undertake repairs or pay taxes b. in a usufruct to recover property or a real right, to bring the action
and to oblige the owner thereof to give him proper authority and
ART. 563 necessary proof;
CREATION OF USUFRUCT c. in a usufruct pf part of a common property, to exercise all the
rights pertaining to the co owner with respect to the
usufruct may be classified according to how it is created into: administration and collection of fruits or interests from the
1. legal created by law or declared by law; property;
2. voluntary created by the will of the parties;
3. mixed that acquired by prescription; it is mixed because both 3. as to advances and damages
the law and the volition of the person(usufructuary) participate in
its creation a. to be reimbursed for indespensable extrsordinary repairs made
by him in an amount equal to the increase in value which the
ART. 564 property may have acquired by reason of such repairs;
KINDS OF USUFRUCT DEFINED b. to be reimbursed for taxes on the capital advanced by him;
c. to be indemnified for damages caused to him by the naked owner;
1. as to extent of object:
- total constituted on the whole of a thing; right of usufructuary to fruits
- partial constituted only on a part of a thing;
a. he has the right to receive all the fruits except where the usufruct
2. as to number of beneficiaries: is constituted only on a part of the fruits of a thing or where there
- simple there is only one usufructuary; is an agreement to the contrary;
- multiple there are several usufructuaries, and the latter b. the naked owner retains and can exercise all rights as owner over
may be: the property limited only by the right of enjoyment of the
-simultaneously; usufructuary
-successive
3. as to effectivity or extinguishment: ART.567
- pure no term or condition; RIGHTS OF THE USUFRUCTUARY TO PENDING NATURAL AND
- with a term; INDUSTRIAL FRUITS
- conditional
4. as to subject matter: -the provision does not apply to civil fruits for they accrue daily
- over things;
- over rights 1. fruits growing at the beginning of usufruct belong to the
usufructuary who is not bound to refund to the owner the expenses
ART. 565 of cultivation and production incurred ;
RULES GOVERNING USUFRUCT 2. fruits growing at the termination of the usufruct belong to the
- art. 563; owner but he is bound to reimburse the usufructuary the ordinary
- arts. 566 612 cultivation expenses out of the fruits received

CHAPTER 2 note: the rights of third persons are protected


RIGHTS OF THE USUFRUCTUARY
ART. 568 in relation to ART. 569
ART.566 LEASE BY THE USUFRUCTUARY
RIGHTS OF THE USUFRUCTUARY
- the usufructuary may lease the property in usufruct to
classifications of the rights of the usufructuary another;
- if the usufructuary should expire before the termination of the
1. as to the thing and its fruits lease, the usufractuary or his heirs and the successors are
entitled only to the rents corresponding to the duration of the
a. to receive the fruits of the property in usufruct and half of the usufruct;
hidden treasure he accidentally finds in the property; - the rents for the remaining period of the lease belong to the
b. to enjoy any increase which the thing in usufrucyt may acquire owner;
through accession;
c. to personally enjoy the thing in usufruct or lease it to another; ART.570
d. to make on the property in usufruct such improvements or USUFRUCT CONSTITUED ON CERTAIN RIGHTS
expenses he may deem proper and to remove the improvements
provided no damage is caused to the property; - because civil fruits accrue daily, they belong to the
e. to set off the improvements he may have made on the property usufructuary in proportion to the time the usufruct lasts;
against any damgae to the same; - payments and benefits accrue after the termination of the
f. to retain the thing until he is reimbursed for advances for usufruct belong to the owner;
extraordinary expenses and taxes on the capital;
- the date when the benefits accrue determines whether they -pay its current price at such termination
should belong to the usufructuary or the owner;
- the article applies whether or not the date of the distribution ART. 575 in relation to ART. 576
of benefits is fixed USUFRUCT ON FRUIT BEARING TREES AND SHRUBS

ART. 571 - the usufructuary has no obligation to replace with new


EXTENT OF THE RIGHTS OF THE USUFRUCTUARY plants, the dead trees or shrubs already existing at the
beginning of the usufruct;
- the usufructuary is generally entitled to all the benefits that - under art. 576, if replacing the trunks could not be too
the thing in usufruct can give including any increase by burdensome, the usufructuary must replace them, whether
accession and servitudes established in its favor; or not he makes use of them; the disposition of trunks is his
- the reason is that usufruct covers the entire jus fruendi and responsibility
jus utendi
ART. 577
ART. 572 USUFRUCT ON WOODLAND AND NURSERIES
TRANSACTIONS BY THE USUFRUCTUARY
1. the usufructuary may fell or cut trees as the owner was in the habit
*the usufructuary may primarily enjoy the thing in usufruct, that is , to of doing or in accordance with the customs of the place as to
possess the thing, use it, and receive its fruits manner, amount and season; in any case he must not prejudice
the preservation of the land;
- but legal usufruct of the parent over his or her 2. in nurseries, the usufructuary may make the necessary thinnings
unemancipated children cannot be alienated, pledged in order that the remaining trees may properly grow
or mortgaged for the right is personal and intransmissible
burdened as it is by important obligations of the parent for the ART. 578
benefit of the children; USUFRUCT OF JUDICIAL ACTION TO RECOVER
- a usufruct given in consideration of the person of the
usufructuary to last during his lifetime is also personal and - the provision applies if the purpose of the action is to recover
,therefore, intransmissible real property or personal property;
- under the Rules of Court, every action must be brought in
*as a rule, all contracts entered into by the usufructuary shall terminate the name of the real party in interest; hence, the action may
upon the expiration of the usufruct or earlier, except rural leases which be instituted in the name of the usufructuary
continue during the agricultural year
ART. 579
ART. 573 WHERE USEFUL OR LUXURIOUS IMPROVEMENTS ARE MADE BY
USUFRUCT ON THINGS WHICH GRADUALLY DETERIORATE THE USUFRUCTUARY

- the provision gives an instance of abnormal usufruct - the usufructuary has the right to make improvements, useful
because in the enjoyment of the property the usufructuary or luxurious, on the property held in usufruct as he may deem
cannot preserve its form or substance; proper
- here, the thing gradually deteriorates through wear and tear,
that is, by normal use rules:
1. in the exercise of the right, he must not alter the form or substance
1. the usufructuary is not responsible for the deterioration due to of the property;
wear and tear nor is he required to make any repairs to restore it 2. he may remove the improvements only if it is possible to do so
to its former condition; without damage to the property;
2. the usufructuary is liable for damage suffered by the thing by 3. he has no right to be indemnified for the improvements if he does
reason of his fraud or negligence although such liability may be not exercise his right to remove;
set off against the improvements he may have on the property; 4. if the improvements cannot be removed without damage, he may
3. the usufructuary does not answer for deterioration due to se off the same against any damage caused by him to the
fortuitous event; he is however obliged to make the ordinary property;
repairs needed by the thing 5. if the usufructuary does not wish to exercise his right of removal,
the owner cannot compel him to remove the improvements;
ART. 574 6. if the usufructuary wishes to exercise his right of removal, the
USUFRUCT ON CONSUMABLE THINGS owner cannot prevent him by offering to reimburse him;
7. the usufructuarys right to remove the improvements includes the
- the provision speaks of another instance of abnormal right to destroy them provided no damage is caused to the
usufruct because the thing in usufruct cannot be used without property;
being consumed; 8. the right to remove is enforceable only against the owner, but not
- the usufructuary shall have the right to make use of the against a purchaser in good faith to whom clean title has been
consumable thing; issued
- at the termination of the usufruct, he must:
1. pay its appraised value;
2. if there was no appraisal made, either:
-return the same quantity and quality or;
ART. 580 h. to pay debts when the usufruct is constituted on the whole of a
RIGHT TO SET OFF IMPROVEMENTS patrimony;
i. to secure naked owners or courts approval to collect credits in
- the article presupposes that the improvements have certain cases;
increased the value of the property and the damage to the j. to notify the owner of any prejudicial act committed by third
same was caused through the fault of the usufructuary; persons;
- if the damage exceeds the value of the improvements, the k. to pay for court expenses and costs regarding usufruct
usufructuary is liable for the difference as indemnity;
- if the value exceeds the damage, he may remove the portion 3. those at the termination of the usufruct
of the improvements representing the excess in value if this
can be done without injury to the property; otherwise the a. to return the thing in usufruct to the naked owner unless there is
excess in value accrues to the owner; a right of retention;
b. to pay legal interest for the time that the usufruct lasts, on the
ART. 581 amount spent by the owner for extraordinary repairs and the
RIGHTS AND OBLIGATIONS OF THE NAKED OWNER proper interest on the sums paid as taxes by the owner;
c. to indemnify the naked owner for any losses due to his negligence
1. he may alienate the property in usufruct because the title or of his transferees
remains vested in him;
2. he cannot, however, alter the form and substance of the ART. 584
property or do anything thereon which may cause a WHEN OBLIGATION TO MAKE SECURITY NOT APPLICABLE
diminution in the value of the usufruct or be prejudicial to the
rights of the usufructuary the provision contains the legal exceptions to the obligations of
the usufructuary to give security in two cases;
ART. 582 the exceptions are clearly justified;
USUFRUCT OF PART OF COMMON PROPERTY second marriage includes any subsequent marriage;
the donor or the parents are not exempted from the obligation of
a co owner of property has full ownership of his part and, he making an inventory9
may, therefore, alienate, assign, mortgage, or give it in usufruct
without the consent of the others except when personal rights are ART. 585
involved WHEN THE OBLIGATION TO MAKE AN INVENTORY OR TO GIVE
SECURITY EXCUSED
1. in case a co owner gives the usufruct of his share to a person,
the usufructuary shall exercise all the rights pertaining to the co 1. where the naked owner renounces or waives his right to the
owner regarding the administration and the collection of the fruits inventory or security;
or interest from the property; 2. where the title constituting the usufruct relieves the usufructuary
2. the usufructuary shall be bound by the partition made by the from the obligation;
owners of the undivided property although he took no part in the 3. where the usufructuary asks that he be exempted from the
partition but the naked owner to whom the part held in usufruct has obligation and no one will be injured thereby
been allotted must respect the usufruct;
3. the right of the usufructuary is not affected by the division but is ART. 586
limited to the fruits of said part allotted to the co owner EFFECTS OF FAILURE TO GIVE SECURITY

CHAPTER 3 1. on rights of owners:


OBLIGATIONS OF THE USUFRUCTUARY
- entitles the naked owner for his protection to demand that
ART. 583 immovables be placed under the administration or
classifications of obligations of the usufrcutuary receivership, movables sold, credit instruments be converted
into registered certificates or deposited, and cash and profits
1. those before the usufruct begins: be invested but the interest on the proceeds of sale of
a. to make an inventory of the property; movables and credit instruments placed under administration
b. to give security shall belong to the usufructuary;
- the naked owner gets the proceeds of the sale of movables
2. those during the usufruct: and credit instruments

a. to take care of the property; 2. on the rights of the usufructuary:


b. to replace with the young thereof animals that die or are lost in
certain cases when the usufruct is constituted on the flock or herd - until he gives proper security, the usufructuary cannot enter
of livestock; upon the possession and enjoyment of the property;
c. to make ordinary repairs; - under art. 599, he may not collect matured credits nor invest
d. to notify the owner of urgent extraordinary; capital in usufruct without the consent of the owner or judicial
e. to permit works and improvements by the naked owner not authorization;
prejudicial to the usufruct; - the failure to give security, however, does not extinguish the
f. to pay annual taxes and charges on the fruits; right of usufruct, hence, the usufructuary may alienate his
g. to pay interest on taxes and charges on the fruits; right to the usufruct
ART. 587 ART. 593 in relation to ART. 594
SWORN UNDERTAKING IN LIEU OF SECURITY DUTY OF OWNER TO PAY FOR EXTRAORDINARY REPAIRS

- the provision applies when the usufructuary who is under the law does not impose an obligation on the naked owner or the
obligation to give security cannot afford to do so and no one usufructuary to make extraordinary repairs on the property in
is willing to give security for them usufruct; it is optional for them to make such repairs or not

humane considerations; *the ff are extraordinary repairs:


the usufructuary must first ask the naked owner to grant him the
rights mentioned, and should the latter refuse, he may resort to 1. those required by the wear and tear due to the natural use of the
the courts thing but not indespensable for its preservation;

with respect to articles with artistic or sentimental value, the owner 2. those required by the deterioration of or damage to the thing
may demand their delivery to him if he gives security to the caused by exceptional circumstances but not indispensable for its
usufructuary for the payment of the legal interest on their preservation;
appraised value
3. those required by the deterioration of or damage to the thing
ART. 588 caused by exceptional circumstances and are indispensable for its
RETROACTIVE EFFECT OF GIVING SECUIRTY preservation

- the articke applies where the usufructuary who is required to payment for extraordinary repairs:
give security gives the security after the commencement of - the rules depend on the kind of extraordinary repairs in the
the usufruct; same sequence above
- failure to give the needed security may deprive the
usufructuary of the right to enjoy the possession of the the usufructuary, like a possessor in giid faith, has the right of
property in usufruct; retention even after the termination of the usufruct until he is
- however, once the security is given, he is entitled to all the reimbursed for the increase in value of the property caused by
proceeds and benefits of the usufruct accruing from the day extraordinary repairs for preservation
on which he should have commenced to receive them
ART. 595
ART. 589 CONSTRUCTIONS, IMPROVEMENTS, AND PLANTINGS BY
OBLIGATION TO TAKE CARE OF THE PROPERTY OWNER

- this is an obligation of the usufructuary during the usufruct; - any increase in the value of the usufruct due to the
- it includes the making of ordinary repairs needed by the thing improvements will inure to the benefit of the usufructuary for
given in usufruct; he is entitled to the use and fruits of the property;
- the owner has no right to demand legal interest on his
ART. 590 expenses because they were voluntarily incurred by him;
LIABILITY FOR FAULT OR NEGLIGENCE OF SUBSTITUTE - the owner may even alienate his property or make changes
thereon as long as he does not impair the right of the
-the liability of the usufructuary is founded on his duty to preserve the usufructuary
form and substance on the thing in usufruct
ART. 596 in relation to ART. 597
ART. 591 LIABILITY FOR CHARGES AND TAXES
USUFRUCT ON A FLOCK AND HERD OF LIVESTOCK
1. expenses affecting fruits:
1. usufructuary has the duty to make replacements although the - usufructuary must pay the annual charges and taxes which
death of the animals is due to natural causes; are imposed and, therefore, are a lien upon the fruits during
2. under par. 2 there is no duty to replace provided the usufructuary the term of the usufruct;
is without fault; 2. land taxes;
3. if the animals are sterile, nad ,therefore, they cannot be replaced 3. taxes levied on the capital:
by the young thereof, the usufruct shall be treated as constituted - must be paid by naked owner but he has the right to demand
on fungible things, in such case art. 574 applies from the usufructuary the proper interest on the sums paid

ART. 592 ART. 598


OBLIGATION TO MAKE ORDINARY REPAIRS WHERE USUFRUCT COVERS ENTIRE PATRIMONY

1. the usufructuary is bound to make the repairs referred to without - the provision applies to a universal usufruct or one which
the necessity of demand from the owner; covers the entire patrimony of the owner,a nd at the time of
2. the usufructuary is not liable for deterioration resulting from wear its constitution, by donation or any other acts inter vivos;
nad tear not due to his fault or negligence unless the deterioration
could have been prevented or arrested by ordinary repairs and he
failed to make them without valuid reason
1. where there is a stipulation for the payment by the usufructuary 8. other causes such as emancipation of the child
of the debts of the owner, the former is liable only for debts
contracted by the latter before the constitution of the usufruct; a usufruct is not extinguished by bad use of the thing in usufruct
2. in the absence of a stipulation, the usufruct shall be responsible
only when the usufruct was created in fraud of creditors which is ART. 604
always presumed when the owner did not reserve sufficient EFFECT OF PARTIAL LOSS
property to pay his debts prior to the creation of the usufruct - to extinguish a usufruct, the loss must be total, except as
provided in articles 607 to 609;
ART. 599 - if the loss is only partial, the usufruct continues with the
USUFRUCT ON MATURED CREDITS remaining part;
- but the partial loss may be so important as to be considered
1. if the usufruct has given sufficient security, he may claim matured a total loss; it is of the courts to determine the question in
credits forming part of the usufruct, collect them, and use and case of disagreement
invest with or without interest the capital collected in any manner
as he ma ydeem proper; ART. 605
USUFRUCT IN FAVOR OF JURIDICAL OR NON- JURIDICAL
2. if he has not given security, or that given is not sufficient, or he ENTITIES
has been excused from giving security, he may collect the credits
and invest the capital which must be at interest, with the consent 1. fifty year limitation;
of the naked owner or approval of the court 2. limitation not applicable to trusts

ART. 600 ART. 606


USUFRUCT OF MORTGAGED IMMOVABLES USUFRUCT WITH DURATION DEPENDENT ON AGE OF A THIRD
PERSON
- under this provision, the usufruct is particular, constituted by
will or by acts inter vivos, whether by onerous or gratuitous *the exception to the above rule is when the usufruct has been
title; expressly granted only in consideration of the existence of a third
- if the usufruct is universal, the liability of the usufructuary to person
pay for the mortgage is governed by art. 598;
- since the mortgage is on the property itself, the debt must be ART. 607
paid by the owner; WHERE USUFRUCT ON LAND AND BUILDING, AND BULIDING
- the usufructuary may mortgage his right of usufruct which is DESTROYED
a real right
1. usufruct o land and materials of building:
ART. 601 - destruction of the building terminates the usufruct on the
OBLIGATION TO NOTIFY OWNER OF PREJUDICIAL ACTS BY building but not the usufruct on the land;
THIRD PERSONS 2. right granted as a temporary measure:
- to keep the usufruct alive until the building is reconstructed
- the article speaks of any act which may be prejudicial to the or replaced;
rights of ownership, not merely of the naked ownershio 3. where insurance received by the naked owner:
- payment of legal interest on insurance received if it has not
ART. 602 been used in the construction of another building during the
OBLIGATION TO PAY FOR JUDICIAL EXPENSES AND COST while period of the usufruct but he may, if he so desires,
relieve himself of this encumberance by turning over the
- since the expenses, costs and liabilities mentioned are money to the usufructuary so that he may use it subject to the
incurred in connection with litigation over the possession, use obligation to return the amount to the naked owner after his
and enjoyment of the thing in usufruct affecting the rights of death as provided in art. 612
the usufructuary, it is just that they are borne by him;
- if the litigation involves only the naked ownership, the owner where usufruct on building only and it is destroyed
should assume them
- same rule applies although the usufruct does not cover the
CHAPTER 4 land for the simple reason that the use of the building
EXTINGUISHMENT OF USUFRUCT necessarily involves the use of the land

ART. 603 ART. 608


MODES OF EXTINGUISMENT OF THE USUFRUCT PAYMENT OF COST OF INSURANCE

1. by death of the usufructuary; neither the owners nor the usufructuary is under the obligation to
2. by the expiration of period or fulfillment of condition; insure the property in usufruct;
3. by merger; should they do so:
4. by renunciation; 1. the usufructuary shares with the owner in insuring the property,
5. by the loss of the thing; the usufructuary shall continue to enjoy the new building
6. by termination of right of owner; constructed, or if the owner do not wish to rebuild, the usufructuary
7. by prescription;
shall receive the legal interest on the insurance proceeds which to a different owner or for the benefit of a community or one
go to the owner; or more persons to whom the encumbered estate does not
belong by virtue of which the owner is obliged to abstain from
2. the usufructuary refuses to contribute to the insurance, and so the doing or to permit a certain thing to be done on his estate
owner pays it alone, the owner gets the full insurance indemnity in
case of loss, the right of the usufructuary being limited to the legal easement and servitude distinguished
interest on the value of the land and the materials
1. easement is an english term while servitude which is derived from
the article is silent where the usufructuary alone pays the Roman Law, is the name used in cuvil law countries;
insurance or, where both share in the payment thereof, as to the 2. sevitude is the broader term, it may be real or personal while
proportion of their contribution to the insurance easement is always real;
3. it is said that easement refers to the right enjoyed by one and
ART. 609 in relation to ART. 610 servitude, the burden imposed upon another;
EXPROPRIATION OF THE THING IN USUFRUCT
*characteristics of easement
- does not extinguish the usufruct; the articl allows the
substitution of the thing by an equivalent thing; 1. it is a real right but will affect third persons only when duly
- if the thing expropriated is for public use, the naked owner is registered;
given the option to replace it with another thing of the same 2. it is enjoyed over another immovable, never on ones own
value and of similar conditions; property;
- or to pay the usufructuary the legal interest on the amount of 3. it involves two neighboring estates, the dominant to which a right
indemnity for the whole period of the usufruct; in the latter belongs and the servient upon which the obligation arises;
case, the owner shall give security for the payment of the 4. it is inseparable from the estate to which it is attached and,
interest therefore, cannot be alienated independently of the estate;
5. it is indivisible for it is not affected by the division of the estate
if bad use causes considerable injury to the owner, not to the thing between two or more persons;
itself, the owner is given the right provided in art. 610 6. it is a right limited by the needs of the dominant owner or estate,
without possession;
ART. 611 7. it cannot consist in the doing of an act unless the act is accessory
USUFRUCT IN FAVOR OF SEVERAL PERSONS in relation to a real easement;
8. it is a limitation on the servient owners rights of ownership for
- usufruct is not extinguished until the death of the last the benefit of the dominant owner; and therefore, it is not
survivor; presumed
- as the usufruct continues, the rights of any usufructuary who
dies shall accrue to the surviving usufructuaries *easement established only on immovable
- what the law treats of are not all immovables as defined by
exception: when the title constituting the usufruct provides the Civil Code but only those which are so by their nature (are
otherwise as where the usufruct is constituted in a last will and really capable of being moved)
testament and the testator makes a contrary provision
*nature of benefit to dominant estate
- the article applies whether the usufuct is constituted - there can be no easement without a burden on an estate for
simultaneously or successively the benefit of another immovable belonging to a different
owner or of a person or a group of persons
ART. 612
OBLIGATION OF USUFRUCTUARY TO RETURN THE THING UPON distinguished from lease
TERMINATION OF USUFRUCT
1. easement is a real right, while lease is a real right only when
TITLE VII EASEMENTS AND SERVITUDES registered;
2. easement is imposed only on real property while lease may
CHAPTER 1 EASEMENTS IN GENERAL involve either personal or real property;
3. in easement, there is a limited right to the use of real property of
SECTION I DIFFERENT KINDS OF EASEMENTS another but without the right of possession, while in lease, there is
a limited right to both the possession and use of anothers property
ART. 613
EASEMENT OR SERVITUDE DEFINED distinguished from usufruct

- easement has been defined as a real right constituted on 1. easement is imposed only on real property, while usufruct may
another' property, corporeal and immovable, by virtue of involve either real or personal property;
which the owner of the same has to abstain from doing or to 2. easement is limited to a particular or specific use of the servient
allow somebody else to do something on his property for the estate, while usufruct includes all the uses and the fruits of the
benefit of another thing or person; property;
3. easement is a non possessory right over an immovable, while
- it may also be defined as an encumberance imposed upon usufruct involves a right of possession in an immovable or
an immovable for the benefit of another immovable belonging movable;
4. easement is not extinguished by the death of the dominant owner, requirement being that there be adverse possession of the
while usufruct is, as a rule, extinguished by the death of the easement for ten years
usufructuary
ART. 621
note: both are real rights, whether registered or not, and are COMPUTATION OF THE PRESCRIPTIVE PERIOD
transmissible
1. if the easement is positive, the period is counted from the day on
ARTS. 614 - 619 which the owner of the dominant estate began to exercise it;
CLASSIFICATIONS OF EASEMENTS - if it is negative, from the day on which a notarial prohibition
was made on the servient estate;
1. as to recipient of benefit:
ART. 622
a. real art. 613 ACQUISITION ONLY BY TITLE
b. personal art. 614
continuous and apparent easements are the only easements tnat
2. as to its source: can be acquired by prescription because they are the only ones
the possession of which fulfills 2 important requisites required by
a. voluntary; - art. 619 law for prescription: that the possession be public and continuous;
b. legal; - arts. 637 - 687
c. mixed the easements under art. 622 may be acquired by title but not by
prescription because their possession or exercise is either not
3. as to its exercise: public or it is public but not continuous or uninterrupted

a. continuous; - art. 615 * acquisition of easement of right of way by prescription:


b. discontinuous art. 615
- the easement cannot be acquired by prescription, but if the greater
4. as to whether or not its existence is indicated: right of ownership of the property can be acquired by prescription, there
seems to be no reason why the right of way which is a mere
a. apparent; - art. 615 encumberance on the property cannot be similarly acquired;
b. non apparent art. 615
ART. 623
5. as to duty of servient owner DEED OF RECOGNITION OR FINAL JUDGMENT

a. positive; - art. 616 - the article applies to the easements mentioned in art. 622;
b. negative art. 616 - it presupposes that there is a title for the easement;
- the easement may have been acquired by oral contract, or
SECTION 2 MODES OF ACQUIRING EASEMENTS by virtue of some document that has been lost; in either case,
easement exists;
ART. 620 - the owner of the servient estate may voluntarily execute the
MODES OF ACQUIRING EASEMENTS deed referred to in art. 623 acknowledging the existence of
the easement, the court, in an action for the purpose and
1. by title all easements: upon sufficient proof, may, in its judgment, declare its
a. continuous and apparent easements art. 620; existence
b. continuous and non apparent easements art. 622;
c. discontinuous easements art. 622; ART. 624
ALIENATION BY THE SAME OWNER OF TWO ESTATES WITH SIGN
2. by prescription of ten years art. 620; OF EXISTENCE OF SERVITUDE
3. by deed of recognition art. 623;
4. by final judgment art. 623; - the provision contemplates a situation where two estates
5. by apparent sign established by the owner of two agjoining between which there exists an apparent sign of an easement,
estates art. 624 belong to the same owner;
- what the law requires is that the sign indicates the existence
acquisition by title or prescription of a servitude although there is no true servitude there being
only one owner;
- only continuous and apparent easements may be acquired - the article applies in case of a division of a common property
either by virtue of a title or by prescription in ten years; by the co owners as the effect is the same as an alienation,
- other kinds of easements may be acquired by any one of the or there is only one estate and a part thereof is alienated;
modes enumerated but not by prescription; - the article is not applicable in case the two estates or
- title refers to the juridical act which gives birth to the portions of the same estate remain or continue to be in the
easement; same owner after alienation or partition
- art. 620 fixes the ten year period regardless of the good faith
or bad faith of the possessor and whether he has just title; the
general rules on prescription do not apply; the only
ART. 625 ART. 628
RIGHTS GRANTED BY EASEMENT OBLIGATION TO CONTRIBUTE TO EXPENSES OF NECESSARY
- even without the above article, there can hardly be any dpubt WORKS
that all easements are necessarily invested with all the
necessary rights for their use; otherwise, the easement itself dominant owner alone shall shoulder the expenses referred to in
would be in name only art. 627
if the easement is in favor of several dominant estates, all the
ART. 626 owners shall share the expenses in proportion to their respective
IMMOVABLE TO BE BENEFITED BY EASEMENT, AND MANNER OF interests;
ITS EXERCISE the benefits shall be presumed equal in the absence of any
agreement or proof to the contrary;
- where the purpose of the easement or the manner of its an owner may exempt himself from contributing to the expenses
exercise is defined by the title creating it, the exercise of the by renouncing the easement in favor of the others;
easement must be consistent with such purpose or manner the servient owner shall also be obliged to contribute to the
expenses except when there is a stipulation to the contrary, should
SECTION 3 RIGHTS AND OBLIGATIONS OF THE OWNERS OF he make use of the easement in any manner whatsoever;
THE DOMINANT AND SERVIENT ESTATES if he bound himself to bear the cost of the work, he may free
himself from the obligation by renouncing his property to the
ART. 627 dominant owner
RIGHTS OF THE DOMINANT OWNER:
1. to exercise all the rights necessary for the use of the easement; ART. 629
2. to make on the servient estate all the works necessary for the use OBLIGATION OF SERVIENT OWNER NOT TO IMPAIR SERVITUDE
an preservation of the servitude;
3. to renounce the easement if he desires to exempt himself from - the servient owner must abstain from constructing works or
contribution to necessary expenses; performing any act which will impair, in any manner
4. to ask for mandatory injunction to prevent impairment of his use whatsoever, the use of the servitude
of the easement
OBLIGATIONS OF THE DOMINANT OWNER RIGHT OF SERVIENT OWNER TO CHANGE PLACE OR MANNER
1. he cannot alter the easement or render it more burdensome; OF EASEMENT
2. he shall notify the servient owner of works necessary for the use
and preservation of the servitude; - requisites:
3. he must choose the most convenient time and manner in making 1. the place and manner has become very inconvenient to him
the necesary works as to cause the least inconvenience to the from making important works thereon;
servient owner; 2. he offers another place or manner equally convenient;
4. he must contribute to the necessary expenses if there are several 3. no injury is caused by the change to the dominant owner or
dominant estates in proportion to the benefits derived from the to whoever may have a right to use the easement
works
ART. 630
RIGHTS OF THE SERVIENT OWNER RIGHT OF SERVIENT OWNER TO USE EASEMENT
1. to retain the ownership of the portion of the estate on which the
easement is established; - servient owner preserves his dominion over the portion of
2. to make use of the easement, unless there is an agreement to the his estate on which the easement is established;
contrary; - he may use the easement subject to the condition that he
3. to change the place or manner of the use of the easement does not impair the rights of the dominant owner
provided it be equally convenient
SECTION 4 EXTINGUISHMENT OF EASEMENTS
OBLIGATIONS OF THE SERVIENT OWNER
1. he cannot impair the use of the easement; ART. 631
2. he must contribute to the necessary expenses in case he uses MODES OF EXTINGUISHMENT OF EASEMENTS
the easement, unless there is an agreement to the contrary
1. by merger;
RIGHT OF DOMINANT OWNER TO MAKE NECESSARY WORKS 2. by non user for ten years;
3. impossibility of use;
*the rights granted by art. 627 is subject to the following conditions: 4. by renunciation;
1. the works which shall be at his expense, are necessary for the 5. by redemption;
use and preservation of the servitude; 6. other causes
2. they do not alter or render the servitude more burdebsome;
3. the dominant owner, before making the works, must notify the ART. 632
servient owner; PRESCRIPTION OF FORM OR MANNER OF USING EASEMENT
4. they shall be done at the most convenient time and manner so as
to cause the least inconvenience to the servient owner - the form or manner of using the easement is different from
the easement itself or the right to exercise it;
- both may be lost by prescription;
- the mode of the servitude is accidental; hence, it does not - the dominant owner may demand their removal or
affect the servitude itself while the servitude is used in one destruction and recover damages
form or another
2. duty of dominant owner
ART. 633
WHERE DOMINANT ESTATE OWNED IN COMMON - cannot make works which will increases the burden;
- but he is not prohibited from cultivatibg his land or
- since easements are indivisble, the use of the co owner constructing works to regulate the descent of the waters to
inures to the benefit of all the co owners and prevents prevent erosion to his land and as long as he does not
prescription as to the shares of the latter; impede the natural flow of the waters and increase the burden
- the use by a co owner is deemed to be use by each and of the lower estate;
all the co owners - he is not liable for damages

CHAPTER 2 LEGAL EASMENTS ART. 638


PUBLIC EASEMENTS ON BANKS OF RIVER
ART. 634
LEGAL EASEMENT DEFINED - if the land is of public ownership, there is no indemnity;
- if it is of private ownership, the proper indemnity shall first
-they are easements imposed by law and which have for their object be paid before it is occupied;
either public use or the interest of private persons - the article does not apply to canals

kinds of legal easements ART. 639


1. public legal easements; ABUTMENT OF BUTTRESS OF A DAM
2. private legal easements; which include those relating to:
- waters; - person must first seek the permission of the owner;
- right of way - in case of his refusal, authority must first be secured from
- party wall the proper administrative agency;
- light and view - where the construction of a dam is authorized, the same can
- drainage be considered a private nuisance and may be lawfully
destroyed or removed by the injured landowner
ART. 635 in relation to ART. 636
GOVERNING LAWS ART. 640
DRAWING OF WATER OR WATERING ANIMALS
1. public legal easements:
- primarily by special laws; - this includes the accessory easement of passage or right of
- regulations relating thereto; way of persons and animals to the place where the easement
- Civil Code arts. 613 693 is to be used;
2. private legal easements:
- primarily by the agreement of the interested parties provided *requisites:
it is not prohibited by law or injurious to a third person; - imposed for reasons of public use;
- in the absence of an agreement, by the provisions of general -in favor of a town or village;
or local laws and ordinances for the general welfare; payment of proper indemnity
- in default thereof, by arts. 613 693 of the Civil Code
the provisions of the particular law itself imposing the easement ART. 642
determine whether the legal easement is public or private EASEMENT OF AQUEDUCT DEFINED

SECTION 2 EASEMENTS RELATING TO WATERS - this is the right arising from a forced easement by virtue of
which the owner of an estate who desires to avail himself of
ART. 637 water for the use of said estate may make such waters pass
LEGAL EASEMENTS RELATING TO WATERS thru the intermediate estate with the obligation of
indemnifying the owner of the same and also the owner of the
1. natural drainage; estate to which the water may filter or flow
2. drainage of buildings;
3. easement on riparian banks for navigation; *requisites:
4. easement of a dam; - proof that he has the capacity to dispose of the water;
5. easement for drawing waters or for watering animals; - proof that the water is sufficient for the use intended;
6. easement of aqueduct; - show that the proposed right of way is the most convenient
7. easement for the construction of a stop clock or sluice gate and the least onerous to third persons;
- pay indemnity to the owner of the servient estate
natural drainage of lands
ART. 645
1. duty of servient owner RIGHTS OF OWNER OF SERVIENT ESTATE
- the servient estate may close or fence his estate, or build
- cannot construct works, which will impede the easement; over the aqueduct so long as no damage is caused to the
aqueduct or the necessary repairs and cleanings of the same - in any case, the right cannot be acquired by prescription if
are not rendered impossible; the use relied upon as basis for prescription was merely
- he can also construct works he may deem necessary to tolerated by the owner of an estate for convenience
prevent damage to himself provided he does not impede or
impair the use of the easement; otherwise he shall be liable ART. 651
for damages WIDTH OF PASSAGE

ART. 646 - it is the needs of the dominant property which ultimately


EASEMENT CONSIDERED AS CONTINUOUS AND APPARENT determine the width of the passage and these needs vary
from time to time
- the easement of aqueduct is generally non apparent
because it is found underground; ART. 652 in relation to ART. 653
- discontinuous because it is used only at times, and during WHERE LAND OF TRANSFEROR OR TRANSFEREE ENCLOSED
the dry season, the use may be very seldom due to the
insufficient flow of water; - the articles provide an exception to the requirement in art.
- for legal purposes, the easement is considered apparent and 649 regarding the payment of indemnity
continuous and therefore susceptible of acquisitive
prescription 1. buyers , etc. land enclosed
- transferee is not obliged to pay indemnity for the easement
ART. 647 as the consideration for the transfer is presumed to include
CONSTRUCTION OF A STOP LOCK OR SLUICE GATE the easement without the indemnity;
2. donees land enclosed
- the purpose of the construction is to take water for irrigation, - art. 652 is not applicable in cases of simple donation
or to improve the estate; because the donor receives nothing for his property;
- the construction is on the estate of another and proper 3. sellers , etc. or donors land enclosed
indemnity has to be paid;
- no damages must be caused to a third person - he may demand a right of way but he shall be obliged to pay
indemnity unless the purchaser agreed to grant right without
ART. 648 indemnity
LAWS GOVERNING SERVITUDE OF WATERS
ART. 654
- governed by arts. 637 647 of the Civil Code; RESPONSIBULITY FOR REPAIRS AND TAXES
- special laws relating thereto;
- Water Code of the Philippines; - the article applies if the right of way is permanent;
- in case of conflict the Civil Code prevails - servient owner retains the ownership of the passage way,
hence he shall pay taxes;
SECTION 3 EASEMENT OF RIGHT OF WAY - the dominant owner is liable for the necessary repairs and
the proportionate share of the taxes paid by the servient
ART. 649 owner, that is , the amount of the taxes corresponding to the
EASEMENT OF RIGHT OF WAY DEFINED proportion on which the easement is established

- it is the right granted to the owner of an estate which is ART. 655


surrounded by other estates belonging to other persons and EXTINGUISHMENT OF COMPULSARY EASEMENT OF RIGHT OF
without an adequate outlet to public highway to demand that WAY
he be allowed a passage way throughout such neighboring
estates after payment of proper indemnity - the article provides for two causes of extinguishment: the
joining of the isolated estate to another abutting a public road
* requisites: and opening of a new road which gives access to the estate;
- claimant must be an owner of enclosed immovable or are - the extinguishment is not automatic for the law says that the
with real right; servient owner may demand that the easement be
- there must be no adequate outlet to a public highway; extinguished if he so desires;
- the right of way must be absolutely necessary; - the amount to be returned consists of the value of the land
- the isolation must not be due to theclaimants own act; occupied and the damage caused to the servient estate,
- the easement must be established at the point least where the servitude is a permanent passage
prejudicial to the servient estate;
- payment of proper indemnity ART. 656
TEMPORARY EASEMENT OF RIGHT OF WAY
kinds of easement of right of way
1. owner comprehends the usufructuary who may make use of the
1. private in favor of a private person; right granted;
2. public in favor of the community or public at large 2. improvement, alteration or beautification are added to make the
rule comprehensive;
note: the easement of right of way, being discontinuous cannot be
acquired by prescription;
3. indispensable should not be construed in its literal meaning; it is - the deposit of earth or debris on one side alone is an exterior
sufficient that great convenience, difficulty or expense would be sign that the owner of that side is the owner of the ditch or
encountered if the easement were not granted drain;
- the presumption is an addition to those enumarated in art.
ART. 657 660 and is likewise rebuttable
RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK, WATERING
PLACES, ETC. ART. 662
CONTRIBUTION TO COST OF REPAIRS AND CONSTRUCTION OF
- the easement shall be governed by the ordinances and PARTY WALLS
regulations relating thereto, and in their absence, by the
usage and customs of the place - any owner may free himself from contributing to the charge by
renouncing his rights in the party wall unless it actually supports his
SECTION 4 EASEMENT OF PARTY WALL building

ART. 658 ART. 663


EASEMENT OF A PARTY WALL DEFINED DEMOLITION OF BUILDING SUPPORTED BY PARTY WALL

- refers to all those mass of rights and obligations emanating - an owner may also renounce his part ownership of a party
from the existence and common enjoyment of wall, fence, wall if he desires to demolish his building supported by the
enclosures or hedges, by the owners of adjacent buildings wall;
and estates separated by such objects - he shall bear the expenses of repairs and work necessary to
prevent any damage which the demolition may cause to the
party wall: a common wall which separates two estates, built by party wall;
common agreement at the dividing line such that it occupies a - on this occasion only means that his liability for damages
portion of both estates on equal parts is limited to those damages suffered simulateneously, during,
or immediately after, and by reason of the demolition
party wall vs co ownership
1. in co ownership the shares of the co owners can be divided or ART.664
separated physically, but before such division, a coowner cannot INCREASING HEIGHT OF PARTY WALL
point to any definite portion of the property a sbelonging to him,
while in a party wall, the shares of the co owners cannot be *conditions:
physically segregated but they can be physically identified; 1. he must do so on his own expense;
2. none of the co owners may use the community property for has 2. he must pay for damages which may be caused thereby even if
exclusive benefit because he would be invading the rights of the the damage is temporary;
others, while in a party wall, there is no such limitation; 3. he must bear the cost of maintaining the portion added;
3. any owner may free himself from contributing to the cost of repairs 4. he must pay the increased cost of preservation of the wall
and construction of a party wall b yrenouncing all his rights thereto,
while in a co ownership, partial renunciation is allowed ART. 666
PROPORTIONAL USE OF PARTY WALL
ART. 659
WHEN EXISTENCE OF EASEMENT OF PARTY WALL PRESUMED - the party owners share in the expenses of maintaining a
party wall in proportion to the interest of each;
- in the three cases mentioned, the presumption is that the - they also have a proportionate right to its use without
structures referred to are party walls; interfering with the common and respective uses by the other
- the legal presumption is juris tantum, it may be rebutted by co owners
a title or exterior sign, or any other proof showing that the
entire wall in controversy belongs exclusively to one of the SECTION 5 EASEMENT OF LIGHT AND VIEW
adjoining party owners
ART. 667
ART. 660 EASEMENT OF LIGHT DEFINED
EXTERIOR SIGNS REBUTTING PRESUMPTION - it is the right to admit light from the neighboring estate by
virtue of the opening of a window or the making of certain
- the article mentions some exterior signs rebutting the openings
presumption of a party wall;
- the wall becomes the exclusive property of the owner of the EASEMENT OF VIEW DEFINED
estate which has in its favor the presumption based on any - it is the right to make openings or windows, to enjoy the view
of the exterior signs; through the estate of another and the power to prevent all
- the enumeration is merely illustrative and not exclusive constructions or works which would obstruct such view or
make the same difficult;
ART.661 - it necessarily includes the easement of light;
DITCHES OR DRAINS BETWEEN TWO ESTATES - it is possible to have light only without view

making of opening through a party wall


- a window or opening in the dividing wall of buildings is an - the distance for oblique view is much shorter obviously
exterior sign which rebuts the presumption that the wall is a because of the difficulty of affording a full view of the adjoining
party wall; tenement;
- one part owner may not, therefore, make any window or - an owner can build withing the minimum distance or even
opening of any kind thru a party wall without the consent of up to the dividing line provided no window is opened as
others provided in art. 669;
- prescription may still be acquired as a negative easement
ART. 668 after ten years from the time of notarial prohibition
PRESCRIPTIVE PERIOD FOR ACQUISITION OF EASEMENT OF
LIGHT AND VIEW ART. 672
WHERE BUILDINGS SEPARATED BY A PUBLIC WAY OR ALLEY
*the easement may either be positive or negative
- the distance provided in art. 670 is not compulasary where
1. positive easement it is made thru a party wall or even if made there is a public way or alley provided that it is not less than
on ones own wall, if the window is on a balcony or projection three meters wide;
extending over the property; - the minimum width is necessary for the sake of privacy and
- a party wall is not for the opening of windows, its purpose is safety;
to support the buildings of the part owners; - the width of the alley is subject to special regulations and
- when a window is opened through a party wall, an apparent ordinances;
and continuous easesment is created from the time of such - a private alley opened to the use of the general public falls
opening; within the provision of art. 672
- but there is no true easement as long as the right to prevent
its use exists; ART. 673
- under art. 668 par.1, the adjoining owner can order the WHERE EASEMENT OF DIRECT VIEW HAS BEEN ACQUIRED
window closed within ten years from the time of the opening
of the window - title as used in art. 673 refers to any of the modes of
acquiring easements, namely: contract, will, donation, or
2. negative easement if the window is made through a wall on the prescription
dominant estate; - whenever the easement of direct view has been acquired by
- in such a case, the ten year prescriptive period commences any such title, there is created a true easement;
from the time of the formal prohibition upon the adjoining - the owner of the servient estate cannot build thereon at less
owner; than a distance of three meters from the boundary line;
- the formal prohibition must be an instrument - the distance may be increased or decreased by stipulation
acknowledged before a notary public of the parties provided that in case of decrease, the minimum
distance of two meters or sixty centimeters prescribed in art.
ART. 669 670 must be observed, otherwise it is void;
OPENINGS AT HEIGHT OF CEILING JOISTS TO ADMIT LIGHT - the said distances involve considerations of public policy and
the general welfare, hence, they should not be rendered
1. wall is not a party wall the owner may make an opening for the ineffective by stipulation
purpose of admitting light and air, but not for view
SECTION 6 DRAINAGE OF BUILDINGS
*restrictions:
- size must not exceed 30 centimeter square; ART. 674
- the opening must be at the height of the ceiling joists or EASEMENT OF DRAINAGE OF BUILDINGS
immediately under the ceiling;
- there must be an iron grating imbedded in the wall; - is the right to divert or empty the rain waters from ones own
- there must be a wire screen roof or shed to the neighbors estate either drop by drop or
through conduits
2. wall becomes a party wall a part owner can order the closure of
the opening because no part owner may make an opening the article does not really create a servitude, it merely regulates
through a party wall without the consent of the others; the use of ones own property by imposing on him the obligation
- it can also obstruct the opening unless an easement of light to collect its rain water so as not to cause damage to his neighbors,
has been acquired by prescription in which case the servient even if he be a co owner of the latter;
owner may not impair the easement it provides an exception to art. 637 which obliges lower estates to
receive the waters which naturally flow from higher estates
ART. 670 in relation to ART. 671
DIRECT AND OBLIQUE VIEWS ART. 675
EASEMENT TO RECEIVE FALLING RAIN WATERS
- art. 670 requires a distance of two meters for direct view and
sixty centimeters for oblique or side view; - the article deals not with a legal or compulsary easement,
- while art, 671 provides the manner of measuring the but with a voluntary easement to receive rain water falling
distance; from the roof of an adjoining building;
- it is an application of art. 629
ART. 676 - belong to the owner of the adjacent land to compensate him
EASEMENT GIVING OUTLET TO RAIN WATER WHERE HOUSE for the inconvenience causes by the branches of trees
SURROUNDED BY OTHER HOUSES extending over his land;
- note that for the adjacent owner to be entitled to the fruits,
*conditions: they must not only fall upon his land but the falling must occur
naturally;
1. there must be no adequate outlet to the rain water because the - if the fruits fall on public property, the owner of the tree
yard or court of a house is surrounded by other houses; retains ownership
2. the outlet to the water must be at the point where egress is
easiest, and establishing a conduit for drainage; SECTION 8 EASEMENT AGAINST NUISANCE
3. there must be payment of proper indemnity
ART. 682 in relation to ART. 683
SECTION 7 INTERMEDIATE DISTANCES AND WORKS FOR PROPRIETOR OR POSSESSOR OF LAND OR BUILDING
CERTAIN CONSTRUCTIONS AND PLANTINGS PROHIBITED FROM COMMITTING NUISANCE

ART. 677 - the Civil Code considers the easement against nuisance as
CONSTRUCTION AND PLANTINGS NEAR FORTIFIED PLACES negative because the proprietor or possessor is prohibited
to do something which he could lawfully do were it not for the
- the article establishes an easement in favor of the State; existence of the easement;
- the general prohibition is dictated by the demands of national - however, a nuisance involves any act or omission which is
security unlawful;
- the above articles are more of a restriction on the right of
ART. 678 ownership than a true easement
CONSTRUCTION OF AQUEDUCT, WELL, SEWER. ETC.
SECTION 9 LATERAL AND SUBJACENT SUPPORT
- such constructions must comply with the distances
prescribed by locla regulations and customs of the place; ARTS. 684, 685, 686,687
PROPRIETOR PROHIBITED FROM MAKING DANGEROUS
- the owner must take necessary protective works or other EXCAVATIONS
precautions to avoid damage to neighboring estates
-easement of lateral and subjacent support is deemed essential to the
- the prohibitions in the article cannot be altered or renounced stability of buildings
by stipulations because they involve considerations of public
policy and general welfare the support is lateral when the supported and supporting lands
are divided by a vertical plane;
ART. 678 the support is subjacent when the supported land is above and
PLANTING OF TREES the supporting land is beneath it;
- any stipulation or testamentary provision allowing excavations that
- the article establishes a negative easement; violate art. 684 is void;
- it provides the minimum distances of trees and shrubs from - the limitation applies also to future constructions;
the boundary line; - the notice required is mandatory except where there is actual
- they shall be regulated by the local ordinances and in the knowledge of the proposed excavation;
absence thereof, by the customs of the place, and in default - in any case, the excavation should not deprive the adjacent
thereof, by art, 679; land or building of sufficient lateral or subjacent support;
- the purpose of this article is to prevent the plantings from - the adjacent landowner is entitled to injuctive relief and to
enroaching into the neighboring tenements; damages for violation of the provisions

ART. 680 CHAPTER 3


INTRUSIONS OF BRANCHES OR ROOTS INTO NEIGHBORING VOLUNTARY EASEMENTS
ESTATE
ART. 688
- the rights given to the adjoining owner by article 680 do not OWNER OF LAND MAY CONSTITUTE EASEMENT
prescribe where his inaction is by reason of mere tolerance
unless a notarial prohibition is made in which case the - since easement involves an act of strict dominium, only the
prescriptive period of a negative easement would begin to run owner or at least one acting in his name and under his
from the date of such prohibition; authority, may establish a voluntary easement;
- but the owner of the plantings cannot destroy them and the - however, a beneficial owner may establish a temporary
adjacent owner gas no cause to complain easement consistent with his right as such and subject to
termination upon the extinguishment of the usufruct
ART. 681
FRUITS NATURALLY FALLING UPON ADJACENT LAND voluntary easements not contractual, they constitute the act of the
owner:
ART. 689 distinguished from trespass
WHERE THE PROPERTY HELD IN USUFRUCT
1. a nuisance consists of a use of ones property in such a manner
- the owner of a property in usufruct may create as to cause injury to the property or the right or interest of another,
easements thereon without the consent of the usufructuary provided while a trespass is a direct infringement of anothers right of
the rights of the latter are not impaired; property;
- the above article follows the rules laid down in arts. 581 and 595
2. in trespass, the injury is direct and immediate, in nuisance, it is
ART. 690 consequential
CREATION OF PERPETUAL VOLUNTARY EASEMENT
when rules on negligence applicable
- consent of both the naked owner and the beneficial owner is - it has been held that where the acts or omissions constituting
necessary negligence are the identical acts which, it is asserted give rise
to a cause of action for nuisance, the rules applicable to
ART. 691 negligence will be applied
IMPOSITION OF EASEMENT ON UNDIVIDED PROPERTY
ART. 695
- the creation of a voluntary easement on property owned in PUBLIC AND PRIVATE NUISANCES DEFINED
common requires the unanimous consent of all the co
owners, because it involves an act of alteration and not 1. a public nuisance has been defined as the doing of or the failure
merely an alienation of an ideal share of a co owner; to do something that injuriously affects safety, health, or morals of
- the consent may be given separately or successively the public, or works some substantial annoyance, inconvenience,
or injury to the public;
ART. 692
RULES GOVERNING VOLUNTARY EASEMENTS 2. a private nuisance has been defined as one which violates only
private rights and produces damage to but one or few persons,
1. if created by title, auch as contract, will etc., then by such title; and cannot be said to be public
2. if created by prescription, by the form and manner of possession
of the easement; PUBLIC AND PRIVATE NUISANCES DISTINGUISHED
3. in default of the above, by the provisions of the Civil Code on
easement 1. the former affects the public at large or such of them as may come
in contact with it, while the latter affects the individual or a limited
ART. 693 number of individuals only;
WHERE SERVIENT OWNER BOUND HIMSELF TO BEAR COST OF 2. public nuisances are indictable, whereas private nuisances are
MAINTENANCE OF EASEMENT actionable, either for their abatement or for damages, or both

- the article applies only where the owner of the servient mixed nuisances: a thing may be a private nuisance without being
estate bound himself to bear the cost of the work required a public one or a public nuisance without being a private one;
for the use and preservation of the easement; - on the other hand, a nuisance may be both public and private
- he is bound to fulfill the obligation he has contracted; in character;
- he may free himself from obligation by renouncing or
abandoning his property to the dominant owner; NUISANCE PER SE (in law) AND NUISANCE PER ACCIDENS (in
- in any case, it cannot be tacit or implied, it must follow the fact) DEFINED
form required by law for the transmission of ownership of real
property 1. nuisance per se is an act, occupation, or structure which is a
nuisance at all times and under any circumstances, regardless of
TITLE VIII location or surroundings;
NUISANCE - it is anything which of itself is a nuisance because of its
ART. 694 inherent qualities, productive of injury or dangerous to life or
CONCEPT OF NUISANCE property without regard to circumstance
2. nuisance per accidens is an act, occupation, or structure, not a
- art. 596 gives the statutory definition of nuisance in terms of nuisance per se, but which may become a nuisance by reason of
that which causes the harm or damage, and not of the harm circumstances, location, or surroundings
or damage caused;
- negligence is not an essential ingredient of nuisance but to DISTINGUISHED
be liable for nuisance, there must be resulting injury to
another in the enjoyment of his legal rights 1. in the case of a nuisance per se, the thing becomes a nuisance
as a matter of law;
anything which is injurious to public health or safety, is offensive - its existence need only to be proved in any locality, without
to the senses, is indecent or immoral, obstructs the free use of any showing of specific damages, and the right relief is
public street or body of water, impairs the use of property, or, in established by averment and proof of the mere act;
any way, interferes with the comfortable enjoyment of life or - but where a thing not a nuisance per se is a nuisance per
property is a nuisance accidens or in fact, depends upon its location and
surroundings, the manner of its conduct or other
circumstances, and in such cases, proof of the act and its - the remedies are not exclusive but cumulative;
consequence is necessary; - all of the may be availed of by public officers, and the last
- the act or thing complained of must be shown by evidence two by private persons, if the nuisance is especially injurious
to be a nuisance under the law, and whether it is a nuisance to the latter
or not is generally a question of fact
2. a nuisance per se may be summarily abated under the undefined ARTS. 700, 701 and 702
law of necessity; ROLE OF DISTRICT HEALTH OFFICER AND OTHERS WITH
- but if the nuisance be per accidens it has to be decided RESPECT TO PUBLIC NUISANCE
before a tribunal athorized to decide whether a thing or act
does in law consitute a nuisance the district health officer is charged with the duty to see to it that
doctrine of attractive nuisance one or all of the remedies against a public nuisance are availed of;
he shall determine whether the third remedy, a is the best remedy
-one who maintains on his premises dangerous instrumentalities or against a public nuisance;
appliances of a character likely to attract children in play, and who fails the remedy must be availed of only with the intervention of the
to exercise ordinary care to prevent children from playing therewith or district health officer;
resorting thereto, is liable to a child of tender years who is injured it does not necessarily follow that the failure to observe art. 702 is
thereby, even if the child is technically a trespasser in the premises in itself a ground for the award for damages;
- the doctrine is generally not applicable to bodies of water, art. 702 does not empower the district officer to abate a public
artificial as well as natural in the absence of some unusual nuisance to the exclusion of all other authorities;
condition or artificial feature other than the mere water and the action must be commenced by the city or municipal mayor;
its location but a private person may also file an action if the public nuisance
is especially injurious to him
ART.696
LIABILITY OF SUCCESSOR OF PROPERTY CONSTITUTING A ART. 703
NUISANCE RIGHT OF PRIVATE PERSON TO FILE AN ACTION ON ACCOUNT
OF A PUBLIC NUISANCE
General rule: only the creator of a nuisance is liable for the damage - a private person may also file a civil action if the public
resulting therefrom nuisance is especially injurious to himself;
- such nuisance becomes to him a private nuisance affecting
- however, since the injurious effect of a nuisance is a him in a special way different from that sustained by the
continuing one, every successive owner or possessor of public in general
property constituting a nuisance who fails or refuses to abate
it, or permits its continuation has the same liablity as the one ART. 704
who created it; CONDITIONS FOR EXTRAJUDICIAL ABATEMENT OF A PUBLIC
- to render him liable, it is necessary that he has actual NUISANCE
knowledge of the existence of the nuisance and that it is - the article states what may be done in abating a public or
within his power to abate the same private nuisance: the party injured may remove and if
necessary, destroy the thing which constitutes the nuisance,
ART.697 without committing a breach of the peace, or doing
ABATEMENT AND RECOVERY OF DAMAGES unnecessary damage
- the action to abate and the action to recover damages are
distinct remedies either or both of which the plaintiff may there is a necessity of giving notice to such person inorder to
pursue at his election; enable him to abate the nuisance himself
- the owner of property abated as a nuisance is not entitled to
compensation unless he cna show that the abatement is ARTS. 705 and 706
unjustified REMEDIES AGAINST A PRIVATE NUISANCE
ART. 698 - the remedies provided for in the article are the same as the
EFFECT OF LAPSE OF TIME remedies against a public nuisance except for the absence
of the first remedy of criminal propsecution
General rule: the right to bring an action to abate a public or private
nuisance is not extinguished by prescription; ART. 707
LIABILITY FOR DAMAGES IN CASE OF EXTRAJUDICIAL
Exception: under the special rule of art. 613 (2) which expressly ABATEMENT OF NUISANCE
prescribes that easements are extinguished by obstruction and non
user for ten years - the article provides for two grounds to hold a private or public
official extrajudicially abating a nuisance liable for damages;
ART. 699 - it serves the dual purpose of providing a sort of deterrent
REMEDIES AGAINST A PUBLIC NUISANCE against the improvident or unreasonable resort to the remedy
by unscrupulous parties and at the same time affords the
1. prosecution under the Penal Code or any other local ordinance; victim a civil remedy to recover damages without prejudice to
2. civil action; such other remedies granted by law
3. abatement, without judicial proceedings
ART. 710
TITLE IX POWER OF REGISTER OF DEEDS AS CUSTODIAN OF REGISTRY
REGISTRY OF PROPERTY BOOKS

ART. 708 - the Register of Deeds has inherent power to control the
SYSTEMS OF REGISTRATION office and the records under his custody and has some
discretion to exercise as to manner in which persons desiring
1. former registration systems: to inspect, examine, or copy the records may exercise their
- system under the Spanish Mortgage Law of 1893; rights;
- Torrens System established by Act. No. 496 as amended, - the power to make registration, does not carry with it the
otherwise known as the Land Registration Act; power to prohibit, except perhaps, when it is clear that the
- The system provided for in Section 194 of the Revised purpose of the examination is unlawful
Administrative Code as amended by Act No. 3344, covering
transactions affecting real estate not registered under Act No. Registry books of public nature
496 and under the Spanish Mortgage Law - it is not the prerogative of registration officers having custody
of records to see that the information which the records
2. present registration system: contain is not flaunted before public gaze;
- by virtue of P.D. 892, the system under the Spanish - if it be wrong to publish the contents of the records, it is the
Mortgage Law was discontinued and all lands recorded under legislature and not the officials having custody thereof which
said system which are not covered by Torrens title shall be is called upon to devise a remedy
considered as unregistered land
*REGISTRATION DEFINED ART. 711
- means the entry made in a book or public registry of deeds REFERENCE TO SPECIAL LAWS

the Registry of Property -the article refers to three special laws;


-other special laws may include special laws governing the
1. covers only immovable property; movable properties are covered registration of movable property in a registry office e.g. Chattel
by Special Laws; Mortgage Law, the Ship Mortgage Decree and the Land Transportation
2. the object is the inscription or annotation of acts and contracts and Traffic Code
relating to the ownership and other real rights over immovable
property and thus to give notice to parties dealing with property
of its true status and protect them from secret transfers and
encumberances; DIFFERENT MODES OF ACQUIRING OWNERSHIP
3. art. 708 contemplates a system of general registry which would PRELIMINARY PROVISIONS
cover all systems of registration under existing laws including the
system of recording under Act.3344 ART. 712
CONCEPT OF MODE AND TITLE
ART. 709
EFFECTS OF REGISTRATION 1. MODE is the specific cause which produces them as a result of
the presence of a special condition of things, of the capacity and
1. operates as constructive notice; intention of persons, and of the fulfillment of the requisites
2. does not validate or cure defective instrument; established by law;
3. cannot bind property where it is legally ineffective; 2. TITLE is the juridical act, right or condition which gives the means
4. does not vest title to their acquisition but which in itself is insufficient to produce them

effect of lack of registration MODE AND TITLE DISTINGUISHED


- the purpose of registration is merely to notify and protect the
interests of strangers to a given transaction, but the non- 1. mode directly and immediately produces a real right, while title
registration of the deed evidencing such transaction does not serves merely to give the occasion for its acquisition or existence;
relieve the parties of their obligation thereunder; 2. mode is the cause, while title is the means;
- the law always tends to protect registered rights to favor him 3. mode is the proximate cause, while title may be regarded as the
who registers and, therefore ,the registration shall prejudice remote cause;
those who have not registered 4. mode is the essence of the right which is to be created or
transmitted, while title is the means whereby that essence is
prejuduce to third person transmitted
- art. 709 speaks of third persons;
- as a general rule, it may be said that when the law speaks different modes (and titles) of acquiring ownership and other real
of prejudice to third persons, they are interested parties who rights
have not registered, nor participated in the act, contract or
deed that was registered by another, and when it says 1. original modes or those independent of any pre existing right of
that third persons shall not be prejudiced, they are interested another person, namely:
parties who base their right on a registered title a. occupation;
b. work which includes intellectual creation
2. derivative modes or those based on a pre existing right held by 2. occupation refers only to corporeal personal property, while
another person, namely: possession may be exercised over any kind of property, whether
a. law; real or personal, corporeal or incorporeal;
b. donation; 3. occupation requires that the object thereof be without an owner,
c. succession; while possession may refer to property owned by somebody;
d. tradition; 4. occupation requires that there be an intent to acquire ownership,
e. prescription while possession may be had in the concept of a mere holder;
5. occupation may not take place without some form of possession,
law as a mode of acquisition while possession may exist without occupation;
- when the Civil Code speaks of law as a mode of acquisition, 6. occupation is of short duration, while possession is generally of
it refers to it as a distinct mode or to those cases where the longer duration;
law, independent of other modes, directly vests ownership of 7. occupation by itself cannot lead to another mode of acquisition,
a thing in a person once the prescribed conditions or while possession may lead to another mode which is prescription
requisites are present or complied with
ways by which occupation may be effected
tradition as a mode of acquisition 1. by hunting and fishing;
- it is a derivative mode of acquiring ownership and other real 2. by finding of movables which never had any owner;
rights by virtue of which, there being intention and capacity 3. by finding of movables which have been abandoned by the
on the part of the grantor and grantee and the pre existence owner;
of said rights in the estate of the grantor, they are transmitted 4. by finding of hidden treasure
to the grantee through a just title;
ART. 714
- the principal kinds of tradition are as ff: OCCUPATION BY LAND

a. real tradition or physical delivery which takes place when the - land is not included among things that can be the object of
thing is physically delivered or transferred from hand to hand occupation;
if it is a movable, and if it is an immovable, by certain acts - the reason is that when land is without an owner, it pertains
also material, performed by the grantee in the presence of to the State;
and with consent of the grantor which acts generally called - if it is not owned by a private person, it belongs to the public
taking possession; domain
b. constructive tradition or when the delivery of the thing is not - with respect to an abandoned lot, it may be considered as
real or material but consists merely in certain facts indicative without an owner and therefore pertains to the State as part
of the same, this may take place in any of the ff cases: of its patrimonial property, not by virtue of occupation but on
-symbolical tradition; the legal principle that land without owner belongs to the
-tradition by public instrument; State
-tradtion longa manu;
-tradition brevi manu; ART. 715
-tradition constitutum possessorium; REGULATION OF HUNTING AND FISHING
-quasi tradition;
-tradition by operation of law - Special Law regualates hunting to protect animal life Act
No. 2590 a amended by Act. No. 3770, Act. No. 4003 and
TITLE I C.A. No. 491;
OCCUPATION - Special Law governing fishing is P.D. No. 704 otherwise
ART. 713 known as the Fisheries Decree of 1975;
CONCEPT OF OCCUPATION - Hunting and fishing may be regulated by a municipal
corporation or local government unit under a provision of law
- it may be defined as the appropriation of things appropriable or authority granted by Congress, being in this case a
by nature which are without an owner delegation of the States authority to the corporation

requisites: ART. 716


OCCUPATION BY A SWARM OF BEES
1. there must be seizure of a things;
2. the thing seized must be corporeal personal property; - the owner of a swarm of bees that went to another' land shall
3. the thing must be susceptible of appropriation by nature; lose ownership if he has not pursued the same within two
4. the thing must be without an owner; consecutive days after it left his property, or after pursuing
5. there must be an intention to appropriate; the same, he ceases to do so within the same period;
6. the requisites or conditions laid down by law must be complied - in such a case, the possessor or owner of the land may
with occupy or retain the bees

OCCUPATION AND POSSESSION DISTINGUISHED OCCUPATION OF DOMESTICATED ANIMALS

1. occupation is a mode of acquiring ownership, while possession - a domesticated animal which has not strayed or been
merely raises the presumption of ownership when it is exercised abandoned cannot be acquired by occupation by a person to
in the concept of owner; whose custody it was entrusted;
- neither does the provision apply to a case where a person 1. donor must have the capacity to make the donation of a thing or
has found a domestic animal and kept it for a number of years right;
not knowing its owner; 2. he must have the donative intent or intent to make the donation
- the period of two days and twenty days are not periods of out of liberality to benefit the donee;
limitation, but conditions precedent to recovery 3. there must be delivery, whether actual or constructive, of the thing
or right donated;
ART. 717 4. the donee must accept or consent to the donation
OCCUPATION OF PIGEONS AND FISH
ART. 726
- the articl does not refer to wild pigeons and fish in a state of KINDS OF DONATION
liberty or that live naturally independent of man;
- their occupation is regulated by special laws on hunting and 1. as to taking effect:
fishing; a. inter vivos;
- what is contemplated here are pigeons and fish considered b. mortis causa;
as domesticated animals subject to the control of man in c. propter nuptias;
private breeding places
2. as to consideration:
ART. 718 a. simple;
DISCOVERY OF HIDDEN TREASURE b. remuneratory of compensatory;
c. modal;
- see arts. 438 439 d. onerous

ART. 719 in relation to ART. 720 3. as to effectivity or extinguishment:


RULES AS TO LOST IMMOVABLE a. pure;
b. conditional;
1. the rights and obligations of the finder of lost personal property c. with a term
are based on the principle of quasi contract;
2. the duty imposed on the finder by art. 719 is based on the fact ART. 727
that one who lost his property does not necessarily abandon it; EFFECT OF ILLEGAL OR IMPOSSIBLE CONDITIONS
3. if there is no abandonment, the lost thing has not become res
nullius 1. when condition is not deemed imposed:
ARTS. 721 724 provisions relating to Intellectual Creation - the rule on testamentary disposition is followed;
- the donation is considered simple;
TITLE III 2. when donation rendered void:
DONATION - being contractual in nature, the rule applicable would be
found in art. 1183
CHAPTER 1
NATURE OF DONATIONS ART. 728 in relation to ART. 729
DISTINCTIONS BETWEEN DONATIONS INTER VIVOS AND
ART. 725 DONATIONS MORTIS CAUSA
CONCEPT OF DONATION
1. the first takes effect during the lifetime of the donor; independently
- the donation the article speaks of and which is governed by of his death, while the second, upon the death of the donor;
TITLE III is the donation proper or the true or real donation; 2. the first is made out of the donors pure generosity, while the
- it is sometimes simply referred to as ordinary doanation as second is made in contemplation of his death without the intention
opposed to the other kinds of donation to lose the thing or its free diposal in case of survival;
3. the first is valid even if the donor should survive the donee, while
nature and effect of donation the second is void should the donor survive the donee;
4. the first must follow the formalities of donations, while the second
1. although the article defines donation as an act, it is really a must follow the formalities of a will for it is in reality a legacy or
contract, with all the essential requisites of a contract; devise;
- it falls under contracts of pure beneficience, the 5. the first must be accepted by the donee during his lifetime, while
consideration being the mere liberality of the benefactor; the second, being in the nature of a testamentary dispostion, can
- however the Code considers donation not among the only be accepted after the donors death;
contracts that transfer ownership but as a particular mode of 6. the first cannot be revoked except for grounds provided for by law,
acquiring and transmitting ownership; while the second is always revocable at any time and for any
reason before the donors death;
2. the effect of donation is to reduce the patrimony or asset of the 7. in the first, the right to dispose of the property is completely
donor and to increase that of the donee; conveyed to the donee, while in the second, the right is retained
by the donor while he is still alive;
3. hence, the giving of a mortgage or any other security does not 8. the first is subject to a donors tax, while the second is subject to
constitute a donation estate tax

requisites of donation
ART. 730 4. if the donor revokes the donation before learning of the
DONATION INTER VIVOS SUBJECT TO SUSPENSIVE CONDITION acceptance by the donee, there is no donation

- the article contemplates a situation where the donor intends CHAPTER 2


the donation to take effect during his lifetime but he imposes PERSONS WHO MAY GIVE OR RECEIVE A DONATION
a suspensive condition which may or may not take place
beyond his lifetime; ART. 735
- the fact that the event happens or the condition is fulfilled CAPACITY OF DONOR TO CONTRACT AND DISPOSE PF
after the donors death does not change the nature of the act PROPERTY
a a donation inter vivos;
- the exception is when the donor really intended that the - the article requires that the donor must have both the
donation should take effect after his death capacity to contract and the capacity to dispose of his
property in order that he may make a donation
ART. 731
DONATION INTER VIVOS SUBJECT TO A RESOLUTORY note: *provisions on the Family Code: art. 87, 98 and 125;
CONDITON art. 493 CC;
B.P. Blg. 68 (Corporation Code) Sec. 36 (9) provides for the
- a donation subject to a resolutory condition takes effect power of corporations to make donation
immediately but shall become inefficacious upon the
happening of the event which constitutes the condition; ART. 736
- even if the donation is subject to the resolutory condition of DONATION BY A GUARDIAN OR TRUSTEE OF WARDS
the donors survival, the donation is still inter vivos PROPERTY

ART. 732 *where donation is simple:


PROVISIONS GOVERNING DONATIONS - guardians and trustees cannot be donors of their wards
properties for the simple reason that they are not the owners
- donations inter vivos are donations of property that are not of the same;
mortis causa;
- they include the simple, remunerative, modal and onerous, *where donation is onerous:
whether or not subject to any condition or term; - the prohibition, however, is not absolute; with respect to the
trustee, donation is permitted notwithstanding that the trustee
ART. 733 receives nothing in exchange directly, if the donation is
RULES GOVERNING ONEROUS DONATIONS OR ONEROUS onerous and is beneficial to the benefiaciary
PORTIONS OF DONATIONS
ART. 737
1. alienations by onerous title such as sale, may be considered a CAPACITY OF THE DONOR AT TIME OF MAKING THE DONATION
donation to the extent that the value of the thing sold exceeds the
price paid; - donation is perfected is from the moment the donor knows
2. the article makes the rules of contract directly applicable to of the acceptance by the donee;
onerous donations and remuneratory donations as to the onerous - under the article, the donors capacity must exist at the time
portions therof; of the making the donation and not from the time of the
3. the remuneratory donations referred to by the article are the knowledge by the donor of the acceptance, that is , at the
modal donations or those which impose upon the donee a burden perfection of the act
which is less than the value of the thing given; as regards that
portion which exceeds the value of the burden, it shall be governed note: the subsequent incapacity of the donor does not affect the validity
by the provisions on donations; of the donation;
4. modal donations are to be distinguished from the remuneratory - this is similar to the rule in succession
donations proper which consist of those made in consideration of
services rendered by the donee to the donor; ART. 738
5. thereis no burden imposed on remuneratory donations; CAPACITY OF THE DONEE
6. if a burden is imposed, it becomes onerous as regards the value
of the burden - a donee need not be sui juris, with complete legal capacity
to bind himself by contract;
ART. 734 - as long as he is not specially disqualified by law, he may
PERFECTION OF DONATION accept donations

1. necessity of acceptance- must be made during the lifetime of the ART. 739
donor; DONATIONS VOID ON MORAL GROUNDS
2. notice of acceptance perfection takes place, not from the time
of acceptance by the donee but from the time it is made known, - the article is based on consideraitons of morality and public
actually or constructively, to the donor; policy;
3. revocation before perfection once it is perfected it cannot be - the prohibitions mentioned in the article apply to
revoked without the consent of the donee except on grounds testamentary provisions and to life insurance
provided by law;
ART. 740
INCAPACITY TO SUCCEED A WILL ART. 747
DUTY OF PERSON WHO ACCEPTS IN REPRESENTATION OF THE
- the article expressly makes the provisions on incapacity to DONEE
succeed by will applicable to donations inter vivos;
- they are also applicable to donations mortis causa which are *requisites:
governed by the law on succession; 1. acceptence is made through the parents, legal representative, or
- since donations and wills are both gratuitous, the same authorized agent of the donee;
reason for the incapacity exists for both cases 2. the property donated is immovable;
3. the acceptance is not made in the same deed of donation but in
ART. 741 as separate public instrument
DONATIONS TO MINORS AND OTHERS WITHOUT CAPACITY TO
CONTRACT the requirement of notification of the donor and notation in both
instruments that such notification has been made is necessary for
- the article does not make any distinction; the validity and perfection of the donation
- if the reason for requiring acceptance through the parents or
legal representative is the lack of capacity of the donee to ART. 748
give consent, it is clear that the donee may not validly accept FORMALITIES FOR DONATION OF MOVABLES
a donation although it imposes no burden;
- in any case, when a formal or written acceptance is required *rules:
by the donor, such acceptance must be made by the parents 1. value of property exceeds P5,000:
or legal representative - the donation and the acceptance must always be made in
writing;
ART. 742 - the donation and the acceptance need not be made in a
DONATIONS TO CONCEIVED AND UNBORN CHILDREN public instrument;
- nor is it necessary that the acceptance be made in the same
- the article applies both to simple and onerous donations; deed of donation
- the acceptance must be made by those persons who would
legally represent them if they are already born 2. value of property is P5, 000 or less:
- it may be made orally or in writing;
ART. 743 - if made orally, there must be simultaneous delivery of the
DONATIONS TO INCAPACITATED PERSONS thing or of the document representing the thing donated;
- if made in writing, the donation is valid although there is no
- the incapacity refers to persons specially disqualified by law simultaneous delivery
to become donees, such as those referred to in arts. 739 and
740; ART. 749
- donations to such persons are void even if simulated under FORMALITIES FOR DONATION OF IMMOVABLES
the guise of another contract or through an intermediary
- the article does not apply to onerous donations which are
ART. 744 governed by the rules on obligations and contracts;
DONATIONS OF THE SAME THING TO DIFFERENT DONEES - the provision applies where the donation imposes upon the
donee a burden which is less than the value of the thing given
- the article expressly makes applicable by analogy the rules because it requires that the public document must specify the
on sales of the same thing to two or more different vendees value of the charges that the donee must satisfy

ART. 745 rules:


BY WHOM ACCEPTANCE IS MADE 1. donation and acceptance are in the same instrument
- requirements:
- a valid donation once accepted becomes irrevocable except a. must be in a public instrument or document;
on such grounds provided by law such as inofficiousness, b. the instrument must specify the property donated and the
failure of the donee to comply with charges imposed in the charges, if any, which the donee must satisfy
donations or by reason of ingratitude
2. donation and acceptance are in separate instruments
ART. 746 - requirements:
WHEN ACCEPTANCE IS MADE a. must be in a public instrument or document;
b. the instrument must specify the property donated and the
1. during lifetime of donor and donee donation inter vivos: charges, if any, which the donee must satisfy;
- even if donation is made during their lifetime, but the donor c. the acceptance by the donee must be in a public document;
dies before the acceptance is communicated to him, the d. it must be done during the lifetime of the donor;
donation is not perfected; e. the donor must be notified in authentic form of the acceptance
2. after death of donor doantion mortis causa: of the donation in a separate instrument;
- if the acceptance was made before the donors death, the f. the fact that such notification has been made must be noted
donation mortis causa, although validly executed, cannot be in both instruments
given force and effect, such acceptance is void
2. if the donation is simple or remunerative, the donor is not liable
CHAPTER 3 for eviction or hidden defects, because the donation is gratuitous;
EFFECT OF DONATIONS AND LIMITATIONS THEREON 3. even if the donation is simple or remunerative, the donor is liable
for eviction or hidden defects in case of bad faith on his part;
ART. 750 4. if the donation is onerous, the donor is liable on his warranty but
RESERVATION OF SUFFICIENT MEANS FOR SUPPORT OF only to the extent of the burden
DONOR AND RELATIVES
ART. 755
- a donor may donate all his present property or part threof DONATION WITH RIGHT TO DISPOSE OF PART OF OBJECT
provided he reserves sufficient property in ownership or in DONATED, RESERVED
usufruct for the support of himself and of all relatives who are
entitled to be supported by him at the time of the perfection - the donor may reserve the right to dispose of some of the
of the donation; things or part of the thing donated or some amount or income
- present property means property which the donor can thereof;
rightfully dispose at the time of the donation - the donation is actually conditional, and the condition is
fulfilled if the donor dies without exercising the right he
note: consider art. 759; reserved, either by acts inter vivos or mortis causa
- art. 752;
- arts. 82, 83, 84 and 85 Family Code ART. 757
DONATION WITH PROVISION FOR REVERSION
ART. 751
DONATION OF FUTURE PROPERTY PROHIBITED - the donor may provide for reversion, whereby the property
donated shall go back to the donor or some other person;
- future property refers to anything which the donor cannot - a reversion in favor of the donor may be validly established
dispose of at the time of the donation; for any case and circumstances;
- the prohibition is based on the principle of law that nobody - if the revision is in favor of other persons, such other persons
can dispose of that which does not belong to him must be living at the time of the donation

ART. 752 ART. 758


AMOUNT OF DONATION, LIMITED TO WHAT DONOR MAY GIVE BY LIABILITY OF DONEE TO PAY DEBTS OF DONOR
WILL
rules:
- the article makes applicable to donations the limitation on 1. where donor imposes obligation upon the donee:
testamentary dispostion with respect to the amount thereof; - this is governed by art. 758;
- the provision means that a person may not donate more than - the donee is liable to pay only debts previously contracted;
he can give by will and a person may not receive by way of - he is liable for subsequent debts only when there is a
donation more than what the donor is allowed by law to give stipulation to that effect;
by will; otherwise the donation shall be inofficious and shall - he is not liable for debts in excess of the value of the
be reduced with regard tothe excess; donation received, unless the contrary is intended
- the limitation applies when the donor has forced or
compulsary heirs; 2. where there is no stipulation regarding the payment of debts:
- but the limitation is enforceable only after the death of the - this is dealt with in art. 759;
donor because it is only then when it can be determined - the donee is generally not liable to pay the donors debts;
whether or not the donation is inofficious; - he is responsible therefor only if the donation has been
- therefore, the donation is valid during the lifetime of the made in fraud of creditors which is always presumed when,
donor at the time of the donation, the donor has not left sufficient
assets to pay his debts;
ART. 753 - he is not liable beyond the value of the donation received
DONATION TO SEVERAL DONEES JOINTLY
CHAPTER 4
*rules: REVOCATION AND REDUCTION OF DONATIONS
1. the donation is understood to be in equal shares;
2. there shall be no right of accretion among the donees unless the ART. 760
donor has otherwise provided; GROUNDS FOR REVOCATION AND REDUCTION OF DONATION
3. if the donees are husband and wife, there shall be a right of
accretion, if the contrary has not been provided by the donor; 1. revocation:
- affects the whole donation and is allowed during the lifetime
ART. 754 of the donor;
RIGHTS AND ACTIONS - grounds:
a. birth, appearance, or adoption of a child;
*rules: b. non fulfillment of a resolutory condition imposed by the
1. the donee is subrogated to all the rights and actions which in case donor;
of eviction would pertain to the donor; c. ingratitude of the donee
2. reduction: - if the donor dies within the period of prescription, the action
- generally affects a portion only of the donation and is is transmitted to his legitimate and illegitimate children and
allowed during the lifetime of the donor or after his death; descendants;
- grounds: - the surviving spouse and the ascendants of the donor are
a. failure of the donor to reserve sufficient means for support of not included
himself or dependent relatives;
b. failure of the donor to reserve sufficient property to pay off his if subsequent to the donation, more than one child was born, the
existing debts; period of prescription is counted from the birth of the first child;
c. inofficiousness, that is, the donation exceeds that which the with respect to legitimation, the period of prescription must be
donor can give by will; counted from the time of the legitimation (from the celebration of
the subsequent marriage, whether or not the child is recognized
ART. 761 by the parents);
EXTENT AND BASIS OF REVOCATION OR REDUCTION with respect to adopted children, the period of prescription runs
from the date the judgment of the court approving the adoption
1. birth, appearance, or adoption of a child: becomes final;
- the amount subject to revocation or reduction is the excess with respect to judicial declaration of filiation, the period of
over the portion that may be freely diposed of by will; prescription must run from the date when the judgment declaring
- the basis of revocation or reduction is the value of the whole filiation becomes final;
estate of the donor at the time of the birth, appearance or as to receipt of information of existence of child believed dead,
adoption of a child, and not at the time of the death of the the prescriptive period is to be computed not from the actual
donor as in the case of inofficious donations under art. 771 appearance of the absent child but from the time the information
was received regarding its existence;
2. in case of inofficious donations: in case more than one cause or ground for revocation or
- what is sought to be protected by the article is only the reduction concur, the period of prescription must run from the
prospective or presumptive legitime of the child because that earliest cause
is the only portion which cannot be disposed of;
- if the donation does not exceed the free portion at the time ART. 764
of the birth, appearance, or adoption, there will be no FAILURE TO COMPLY WITH CONDITIONS
revocation or reduction but it may still be reduced under art.
771 if it cannot be covered by the free portion computed as - conditions actually refers to the obligations, charges, or
of the time of the donors death burdens imposed by the donor for his benefit or that of a third
person;
ART. 762 - what is contemplated is an onerous or modal donation;
OBLIGATION OF DONEE UPON REVOCATION OR REDUCTION - it may also refer to a resolutory condition, but not to a
suspensive condition because if the condition is not fulfilled,
1. dependent upon the situation of property donated: the donation never becomes effective;
a. if the property affected is still in his possession, he must return - revocation implies that there is an existing donation;
the same; - the condition must be fulfilled within the period fixed by the
b. if he has sold the property, he must give its value; donor;
c. if the property has been mortgaged by him, and the donor - if the donation does not fix a period, the court shall determine
redeemed the mortgage, he must reimburse the donor; such period as may under the circumstances have been
d. if the property cannot be returned, as when it has been lost or probably contemplated by the donor;
destroyed, he must return its value at the time of the donation - in case of non- fulfillment, the property donated reverts to the
donor;
2. determination of value at the time of donation - failure of the donee to comply with any condition imposed by
- it is presumed that the price at which the property is sold is the donor will not affect third persons;
its value; - in case of non fulfillment by the donee of any of the
- if the price is less than its actual value, the donee is not liable conditions imposed by the donor, the donation shall be
for the difference absent proof of bad faith; revoked at the instance of the donor;
- when the property cannot be returned, its value shall be - the donor may file action for specific performance;
determined not as of the time of loss but as of the time of the - the article is not applicable to onerous donations which are
donation because the donee became owner from the latter also governed by the general rules on prescription (see art.
time and as owner he must suffer the loss or diminution, or 733);
enjoy the increase in value of the property donated - the presumption is that the donee has complied with his
obligation under the deed of donation;
ART. 763 - donor has the burden of proof that the donee failed to comply
PRESCRIPTION OF ACTION FOR REVOCATION OR REDUCTION with his obligation;
- unlike the action for revocation or reduction, there is no
- the donation is revoked ipso jure by operation of law, by the
prohibition in art. 764 against the renunciation of the action
happening of any of the events mentioned in article 760;
by the donor because the condition is purely contractual in
- the period to bring an action is four years, and the day from nature; the action may be waived;
which the period shall begin to run depends upon the cause - the death of the donor or the donee does not bar the action
for the revocation or reduction;
to revoke for failure of the donee to comply with any of the
conditions imposed by the donor, provided the prescriptive 2. the action prescribes within one year from the time the donor had
period has not yet expired; knowledge of the act of ingratitude and it was impossible for him
- unlike the action under arts. 769 and 770, the action under to bring the action;
art. 764 is transmissible in favor of the donors heirs and - in case of a fortuitous event, the period during which such
against the donees heirs because the right granted is not impossibility existed is not counted
personal to the donor nor is the liability of the donee personal
to him ART. 770
TRANSMISSION OF ACTION FOR REVOCATION
ART. 765
REVOCATION BY REASON OF INGRATITUDE OF THE DONEE *general rule:
- the action to revoke a donation by reason of ingratitude is
- the article does not apply to donations mortis causa and purely personal to the donor and cannot, as a rule, be
onerous donations; transmitted to the heirs;
- a donation propter nuptias may be revoked by the donor
when the donee has committed an act of ingratitude; *exceptions:
- the enumeration is exclusive and cannot be enlarged; - if the donee killed the donor, the latters heirs can ask for
- the act of ingratitude must have been committed by the revocation;
donee himself because the duty of ingratitude is personal - the heirs may also do so if the donor dies without having
known of the act of ingratitude;
ART. 766 in relation to ART. 767 - if a criminal case against the donee was instituted by the
EFFECT OF REVOCATION ON PRIOR ALIENATIONS AND donor, but the donor dies before he could bring the civil action
M,ORTGAGES for revocation, his heirs may likewise bring action because in
such case, the intent of the donor not to pardon the donee is
- in case of revocation of a donation by non compliance by quite clear;
the donee with any of the conditions imposed by the donor, - if the action for revocation has already been filed by the
alienations and mortgages made by the donee are void, donor before his death, his heirs are qllowed to continue the
subject only to the rights of innocent third persons; same
- if the revocation is by reason of ingratitude, the alienations
and mortgages made by the donee before the complaint for note: the heirs of the donee are not held responsible for the acts of their
revocation is annotated in the Registry of Property shall predecessor donee;
subsist or are valid, later alienations and mortgages shall be - the act of ingratitude of the donee is personal;
void; - but if the donor has already filed the complaint before the
donees death, the suit may be continued against his heirs
ART. 768
RETURN NY DONEE OF THE FRUITS OR PROPERTY DONATED ART. 771
REDUCTION OF INOFFICIOUS DONATIONS
rules depend upon the causes of revocation or reduction:
- the action to reduce the inofficious donation must be brought
1. if the cause is the birth, appearance, or adoption of a child or withing five years from the time the right of action accrues
ingratitude, or inofficiousness of the donation because the donor
did not reserve sufficient means for support, or he donated more ART. 772
than he can give by will, only the fruits accruing from the filing of PERSONS ENTITLED TO ASK FOR REDUCTION
the complaint need be returned;
- from this it can be implied that the donation remains valid up - donor not included because the inofficiousness can only be
to the time of the filing of the compalint; determined after his death;
- the right to ask for reduction of inofficious donations cannot
2. if the cause is the non fulfillment of the condition imposed in the be renounced during the lifetime of the donor, either by
donation, the fruits must be returned from the time of the breach express declaration or by consenting to thet donation;
of the condition; - future legitime is not subject to renunciation
- the donee shall return the property donated
ART. 773
ART. 769 REDUCTION WHERE THERE ARE TWO OR MORE DONATIONS
RENUNCIATION AND PRESCRIPTIVE PERIOD OF ACTION BY
REASON OF INGRATITUDE 1. the subsequent donations shall first be reduced and only if they
are not sufficient to cover the disposable portion should the earlier
1. the action granted to the donor for revocation by reason of ones be reduced also with regard to the excess;
ingratitude cannot be renounced in advance; 2. if the two donations were perfected at the same time, the
- what the law prohibits is waiver, prior to the commission of reduction should be proportionate unless otherwise provided by
the act of ingratitude; the donor
- a past ingratitude can be the subject of a valid renunciation
because the renunciation can be considered as an act of *RESUME OF RULES ON REVOCATION
magnanimity on the part of the donor
1. based on birth, appearance, or adoption of a child (art. 760):
a. time of action: 4 years (art. 763 par.1);
b. transmissibility of action: transmitted to children and descendants regard to the excess, he shall be liable only for the fruits accruing
of the donor upon his death (art. 763, par.2); from the filing of the complaint (art. 768, par. 1);
c. effect of revocation: property affected shall be returned, or its
value if the donee has sold the same, or the donor may redeem 4. based on fraud against creditors (art. 759)
the mortgage on the property, with a right to recover the property; a. time of action: 4 years (art. 1389);
(arts. 762 pars. 1 & 2); b. transmissibility ofaction: action is transmitted to the creditors
d. liability for fruits: donee shall return the fruits accruing from the heirs or successors in interest (art. 1178);
filing of the complaint ( art. 768 par. 1); c. effect of reduction: the property affected shall be returned by the
donee for the benefit of the creditor subject to the rights of innocent
2. based on noncompliance with condition or conditons (Art. 764): third persons;
a. time of action: 4 years 9art. 764 last par); d. liability for fruits and damages: the fruits of the property affected
b. transmissibility of action: the action may be transmitted to the shall also be returned;
donors heirs and may be exercised against the donees heirs; - in case the donee acted in bad faith and it should be impossible for
c. effect of revocation: property donated shall be returned to the him to return the property affected due to any cause, he shall indemnify
donor and the alienations and mortgages are void subject to the the donor,s creditor for damages suffered by the latter
rights of innocent third persons (art. 764 par.2);
d. liability for fruits: the donee shall return the fruits which he may
have received after having failed to fulfill the condition (art. 768
par.2);

3. based on act of ingratitude (art. 765)


a. time of action: one year (art. 769);
b. transmissibility of action: the action is not transmitted to the heirs
of the donor nor can the action be filed against the heirs of the
donee (art. 770);
c. effect of revocation: property donated shall be returned but
alienations and mortgages effected before the notation of the
complaint for revocation in the Registry of Property shall subsist;
d. liability for fruits: same as no. 1, (d)

RESUME OF RULES ON REDUCTION


1. based on failure of the donor to reserve sufficient means for
support (art. 750)
a. time of action: the action may be brought at any time by the donor
or by the relatives entitled to support during the lifetime of the
donor;
b. transmissibility of action: action not transmissible as the duty to
give support and the right to receive are personal in nature (art.
195 Family Code);
c. effect of reduction: donation is reduced to the extent necessary to
provide support (art. 750);
d. right to fruits: the donee is entitled to the fruits of the owner of the
property donated (art. 441);

2. based on inofficiousness for being in excess of what the donor


can give by will (art. 750, 771)
a. time of action: 5 years ( arts. 771, 1149);
b. transmissibility of action: action is transmitted to the donors heirs
as the donation shall be reduced as regard the excess at the time
of the donors death;
c. effect of reduction: donation takes effect during the lifetime of the
donor subject to reduction only upon his death with regard to the
excess;
d. right to fruits: the donee appropriates the fruits as owner of the
property (art.441);

3. based on birth, appearance, or adoption of a child (art. 760)


a. time of action: same as no. 1 (a);
b. transmissibility of the action: same as no. 1 (b);
c. effect of reduction: same as no. 1 (c);
d. liability for /right to fruits: the donee,as owner, appropriates the
fruits of the property not affected by the reduction(art. 441) but with