Property: San Beda College of Law

San Beda College of Law
26
MEMORY AID IN CIVIL LAW
PROPERTY
PROPERTY owner has placed or preserved them,
 All things which are, or may be the with the intention to have them
object of appropriation permanently attached to the land,
and forming a permanent part of it;
 Requisites: (USA) the animals in those places are
1. utility included;
2. substantivity or individuality 8. fertilizer actually used on a piece of
3. appropriability land;
9. mines, quarries and slag dumps,
I. while the matter thereof forms part
A. IMMOVABLE PROPERTIES of the bed, and waters either
1. land, buildings, roads and running or stagnant;
constructions of all kinds adhered to 10. docks and structures which, though
the soil; floating, are intended by their
2. trees, plants and growing fruits, nature and object to remain at a
while they are attached to the land fixed place on a river, lake or coast;
or form an integral part of an and
immovable; 11. contracts for public works, and
3. everything attached to an immovable servitudes and other real rights over
in a fixed manner in such a way that immovable property
it cannot be separated therefrom
without breaking the material or  Categories: (NIDA)
deterioration of the object; 1. Real by nature – it cannot be
4. statues, reliefs, paintings or other carried from place to place
objects for use or ornamentation, (pars. 1 & 8, Art. 415, Civil
placed in buildings or on lands by the Code)
owner of the immovable in such a 2. Real by incorporation – attached
manner that it reveals the intention to an immovable in a fixed
to attach them permanently to the manner to be an integral part
tenements; thereof (pars. 1-3 Art. 415, Civil
5. machinery, receptacles, instruments Code)
or implements intended by the 3. Real by destination – placed in a
owner of the tenement for an n immovable for the utility it
industry or works which may be gives to the activity carried
carried on in a building or on a piece thereon (pars. 4-7 and 9 Art.
of land, and which tend directly to 415, Civil Code)
meet the needs of the said industry 4. By analogy it is so classified by
or works; express provision of law (par. 10,
Requisites: Art. 415, Civil Code)
a. made by owner
b. industry or works carried on B.MOVABLE PROPERTIES
building or on land
c. machines, etc must tend directly 1. those movables susceptible of
to meet needs of the industry or appropriation which are not included
works in the preceding article;
d. machines, etc. must be essential 2. real property which by any special
and principal elements of the provision of law is considered as
industry. personalty;
6. animal houses, pigeon-houses, 3. forces of nature which are brought
7. beehives, fishponds or breeding under control of science;
places of similar nature, in case their 4. in general, all things which can be
CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy
Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
27
transported from place to place immovables to which they have been

without impairment of the real attached?
property to which they are fixed; 2 Views:
5. obligations and actions which have 1) They continue to be regarded
for their object movables or as immovables.
demandable sums; and 2) Fact of separation determines
6. shares of stock of agricultural, the condition of the objects
commercial and industrial entities, thus recovering their condition
although they have real estate. as movables.
* the latter view is supported by
TESTS: Paras and Tolentino who maintains
a) By exclusion: movables are that the failure of the codifiers to
everything not included in Art. 415. reproduce the provision of the
b) By description: an object is movable partidas on the matter is an
if it possesses: indication that they did not intend
1) Ability to change location the rule to continue.
2) Without substantial injury to the f) A building that is to be sold or
immovable to which it is mortgaged and which would be
attached. immediately demolished may be
considered personal property and the
Important Doctrines/principles on sale or mortgage thereof would be a sale
immovable and movable properties: of chattel, or a chattel mortgage
a) A Building is an immovable even if respectively, for the true object of the
not erected by the owner of the contract would be the materials.
land. The only criterion is union or
incorporation with the soil. (Ladera II.
vs. Hodges, 48 O.G. 4374). A. PROPERTY OF PUBLIC DOMINION
b) Parties to a contract may by  Concept: It is not owned by the
agreement treat as personal state but pertains to the state,
properties that which by nature which, as territorial sovereign
would be real property; and it is a exercises certain juridical
familiar phenomenon to see things prerogatives over such property.
classes as real property for purposes The ownership of such properties is
of taxation which on general in the social group, whether
principle might be considered national, provincial or municipal.
personal property (Standard Oil Co.  Purpose: To serve the citizens and
vs. Jaranillo, 44 Phil 631). not the state as a juridical person.
c) For purposes of attachment and  Kinds:
execution and for purposes of the 1. Those intended for public use
Chattel Mortgage Law, ungathered 2. Those which are not for public
products have the nature of personal use but intended for public
property. (Sibal vs. Valdez, 50 Phil, service
512). 3. Those intended for the
d) The human body, whether alive or development of the national
dead, is neither real nor personal wealth
property, for it is not even property  CHARACTERISTICS:
at all, in that it generally cannot be 1. Outside the commerce of man
appropriated. Under certain 2. Inalienable. But when no longer
conditions, the body of a person or needed for public use or service,
parts thereof may be subject matter may be declared patrimonial
of a transaction. (See RA No. 349, RA property. In Laurel vs. Garcia
No. 7170, RA No. 7719). (187 SCRA 797), the Supreme
e) What is the effect of temporary Court held that “whether or not
separation of movables from the the Roppongi and related
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
28
properties will eventually be sold was considered as a special law in the

is a policy determination where context of Article 424 of the NCC.
both the President and Congress
must concur”. D. PROPERTY OF PRIVATE OWNERSHIP
 refers to all property belonging to
3. Cannot be acquired by private persons either individually or
prescription collectively and those belonging to
4. Not subject to attachment or the State and any of its political
execution subdivisions which are patrimonial in
5. Cannot be burdened with nature
easements  Muebles or furniture generally has
for its principal object the furnishing
NOTE: They cannot be registered under or ornamenting of a building. Note
the land registration law and be the that there are exceptions to this
subject of a Torrens title. The character definition and are generally not
of public property is not affected by included as furniture unless the law
possession or even a Torrens Title in or the individual’s declaration
favor of private persons. (Palanca vs. include them.
Commonwealth, 69 Phil. 449).
OWNERSHIP
B. PATRIMONIAL PROPERTY OF THE  The right to enjoy, dispose, and
STATE recover a thing without further
 Property of the State owned by it in limitations than those established by
its private or proprietary capacity. law or the will of the owner.
 the state has the same rights over
this kind of property as a private  Rights included:
individual in relation to his own 1. Right to enjoy: (PUFA)
private property a) to possess (jus possidendi)
b) to use (jus utendi)
C. PROPERTY OF LOCAL GOVERNMENT c) to the fruits (jus fruendi)
UNITS (LGUs) and accessions
1. Property for public use – consist of d) to abuse (jus abutendi)
roads, streets, squares, fountains, 2. Right to dispose: (DATE)
public waters, promenades and a) to destroy
public works for public service paid b) to alienate
for by the LGUs c) to transform
2. Patrimonial Property – all other d) to encumber
property possessed by LGUs without 3. Right to vindicate: (RP)
prejudice to provisions of special a) pursuit
laws b) recovery
4. Right to exclude: (ER)
NOTE: In the case of Province of a) to enclose, fence and delimit
Zamboanga Del Norte vs. City of b) to repel intrusions even with
Zamboanga, the Supreme Court force
categorically stated that “this court is
not inclined to hold that municipal  Characteristics: (EGEIP)
property held and devoted to public 1. Ownership is Elastic – power/s may
service is in the same category as be reduced and thereafter
ordinary private property. The automatically recovered upon the
classification of municipal property cessation of the limiting rights.
devoted for distinctly governmental 2. General – the right to make use of
purposes as public should prevail over all the possibilities or utility of the
the Civil Code in this particular case”. thing owned, except those attached
Here, the Law of Municipal Corporations to other real rights existing thereon.
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
29
3. Exclusive – there can only be one 1. Interference necessary

ownership over a thing at a time. 2. Damage to another much greater
There may be two or more owners than damage to property
but ONLY ONE ownership.
4. Independence – It exists without LEGAL REMEDIES TO RECOVER
necessity of any other right POSSESSION OF ONE’S PROPERTY
5. Perpetuity – ownership lasts as long 1. Personal property: Replevin
as the thing exists. It cannot be  REPLEVIN - remedy when the
extinguished by non user but only by complaint prays for the recovery of
adverse possession. the possession of personal property.
 Limitations:
1. General limitations imposed by the 2. Real Property:
State for its benefit a. ACCION INTERDICTAL
2. Specific limitations imposed by law  Nature: summary action to
3. Limitations imposed by the party recover physical or material
transmitting the property either by possession only. It consists of
contract or by will the summary actions of:
4. Limitations imposed by the owner 1. Forcible entry
himself  Action for recovery of
5. Inherent limitations arising from material possession of real
conflict with other rights property when a person
originally in possession was
De Facto case of Eminent Domain deprived thereof by force,
 expropriation resulting from the intimidation, strategy,
actions of nature as in one case threat or stealth
where land becomes part of one sea. 2. Unlawful Detainer
The owner loses his property in favor  Action for recovery of
of the state without any possession of any land or
compensation. building by landlord, vendor,
vendee, or other person
Principle of Self-Help against whom the possession
 right of the owner or lawful of the same was unlawfully
possessor to exclude any person from withheld after the expiration
the enjoyment and disposal of the or termination of the right to
property by the use of such force as hold possession, by virtue of
may be necessary to repel or prevent any contract.
actual or threatened unlawful
physical invasion or usurpation of his Forcible Entry Unlawful
property. Detainer
 Requisites: (RONA) As to when possession became unlawful
1. reasonable force Possession of the Possession is
2. owner or lawful possessor is the defendant is inceptively lawful
person who will exercise unlawful from the but becomes illegal
3. no delay in one’s exercise beginning as he from the time
4. actual or threatened physical acquires defendant
possession by unlawfully
invasion or usurpation Force, withholds
intimidation, possession after
GENERAL RULE: A person cannot strategy, threat the expiration or
interfere with the right of ownership of or stealth termination of his
another. right thereto.
EXCEPTION: Doctrine of Incomplete As to the necessity of demand
Privilege or State of Necessity (Article No previous Demand is
432) demand for the jurisdictional if the
defendant to ground is non-
 Requisites: (ID)
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
30
vacate is payment of rentals ownership of which does not appear.

necessary or failure to GENERAL RULE: It belongs to the
comply with the owner of the land, building or other
lease contract
property on which it is found.
EXCEPTIONS: The finder is entitled to
As to necessity of proof of prior
physical possession ½ provided:
Plaintiff must Plaintiff need not 1. Discovery was made on the
prove that he was have been in prior property of another, or of the
in prior physical physical possession state or any of its political
possession of the subdivisions;
premises until he 2. The finding was made by chance;
was deprived 3. The finder is not a co-owner of
thereof by the the property where it is found;
defendant
4. The finder is not a trespasser;
As to when the 1 year period is counted
5. The finder is not an agent of the
from
1 year period is 1 year period is
landowner;
generally counted counted from the 6. The finder is not married under
from the date of date of last the absolute community or the
actual entry on demand or last conjugal partnership system
the land letter of demand (otherwise his share belongs to
the community).
b. ACCION PUBLICIANA
 Nature: Ordinary civil ACCESSION
proceeding to recover the better  The right by virtue of which the
right of possession, except in owner of a thing becomes the owner
cases of forcible entry and of everything that it may produce or
unlawful detainer. The involved which may be inseparably united or
is not possession de facto but incorporated thereto, either
possession de jure. naturally or artificially.
c. ACCION REIVINDICATORIA  Classifications:

 Nature: action to recover real 1. Accession Discreta – the right
property based on ownership. pertaining to the owner of a thing over
Here, the object is the recovery everything produced thereby
of the dominion over the
property as owner. Kinds of Fruits
 Requisites: a. natural fruits – spontaneous
1. Identity of the Property products of the soil and the
2. Plaintiff’s title to the young and other products of
property animals
b. industrial fruits – those produced
Surface Rights by lands of any kind through
 The owner of parcel of land is the cultivation or labor
owner of its surface and everything c. civil fruits – rents of buildings,
under it. price of leases or lands and the
 The economic utility which such amount of perpetual or life
space or subsoil offers to the owner annuities or other similar income
of the surface sets the limit of the
owner’s right to the same. GENERAL RULE: To the owner
belongs the natural, industrial, and
HIDDEN TREASURE civil fruits.
 Definition: any hidden or unknown EXCEPTIONS: If the thing is: (PULA)
deposit of money, jewelry or other a) in possession of a possessor in
precious objects, the lawful good faith;
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
31
b) subject to a usufruct; party fails to pay for said land.

c) leased or pledged; or (Ignacio vs. Hilario, 76 Phil. 605)
d) in possession of an antichretic b) Should no other arrangement be
creditor agreed upon, the owner of the land
does not automatically become the
2. Accession Continua – the right owner of the improvement.
pertaining to the owner of a thing over (Filipinas Colleges, Inc. vs. Timbang,
everything that is incorporated or 106 Phil. 247)
attached thereto either naturally or c) Article 448 is not applicable where a
artificially; by external forces. person constructs a house on his own
a. With respect to real property land and then sells the land, not the
i. accession industrial building. (Coleongco vs. Regalado,
 building, planting or sowing 27 Phil 387)
ii. accession natural d) Article 448 does not apply to cases
 alluvium, avulsion, change which are governed by other
of river course, and provisions of law such as co-
formation of islands ownership, usufruct, agency, lease.
b. With respect to personal e) The provision on indemnity in Art.
property 448 may be applied by analogy
i. adjunction or conjuction considering that the primary intent
ii. commixtion or confusion of the law is to avoid a state of
iii specification forced co-ownership especially
where the parties in the main agree
Basic Principles: (GONE BAD) that Articles 448 and 546 are
1. He who is in good faith may be held applicable and indemnity for the
responsible but will not be improvements may be paid although
penalized. they differ as to the basis of the
2. To the owner of a thing belongs the indemnity. (Pecson vs. CA 244 SCRA
extension or increase of such thing. 407).
3. Bad faith of one party neutralizes
the bad faith of the other. ACCESSION NATURAL
4. There should be no unjust 1. Alluvion or alluvium – increment
enrichment at the expense of others. which lands abutting rivers gradually
5. Bad faith involves liability for receive as a result of the current of
damages. the waters.
6. Accessory follows the principal.  Concept: it is the gradual
7. Accession exists only if the deposit of sediment by the
natural action of a current of
incorporation is such that separation
fresh water (not sea water, the
would either seriously damage the
original identity of the deposit
thing or diminish its value.
being lost.
Right of Accession with respect to
 Requisites:
Immovable Property
a)the deposit be gradual and
NOTE: See TABLES
imperceptible
b) that it be made through the
 Important Doctrines/Principles:
effects of the current of the
a) Under Art 448, the landowner may
water
not refuse both to pay for the
c)that the land where accretion
building and to sell the land and
takes place is adjacent to the
instead seek to compel the owner of
banks of the river.
the building to remove the building
NOTES:
from the land. He is entitled to such
removal ONLY when, after having  The owners of the lands adjoining
chosen to sell the land, the other the banks of the river (riparian
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
32
lands) shall own the accretion which

they gradually receive. Alluvium Avulsion
 Accretion operates ipso jure. 1. gradual and 1. sudden or
However, the additional area is not imperceptible abrupt process
covered by a Torrens title and the 2. soil cannot be 2. identifiable and
riparian owner must register the identified verifiable
additional area. 3. belongs to the 3. belongs to the
owner of the owner from whose
property to which property it was
 Doctrines: it is attached detached
a) Where the deposit is by sea 4. merely an 4. detachment fol-
water, it belongs to the state attach-ment lowed by
b) A gradual change of bed is also attachment
governed by the rules of
alluvium (Canas vs. Tuason 5 3. Change of course of rivers
Phil. 689)  Requisites:
a) There must be a natural change
2. Avulsion – the transfer of a known in the course of the waters of
portion of land from one tenement the river
to another by the force of the b) The change must be abrupt or
current. The portion of land must be sudden
such that it can be identified as NOTES:
coming from a definite tenement.  Once the river bed has been
abandoned, the owners of the
 Requisites: invaded land become owners of the
a) The segregation and transfer abandoned bed to the extent
must be caused by the current of provided by this article. No positive
a river, creek or torrent. act is needed on their part, as it is
b) The segregation and transfer subject thereto ipso jure from the
must be sudden or abrupt moment the mode of acquisition
c) The portion of land transported becomes evident.
must be known or identified  It does not apply to cases where the
river simply dries up because there
NOTES:
are no persons whose lands are
 The owner must remove the occupied by the waters of the river.
transported portion within two years
to retain ownership 4. Formation of Islands
 In case of uprooted trees, the owner  RULES ON OWNERSHIP
retains ownership if he makes a a. If formed by the sea:
claim within 6 months. This refers 1) within territorial waters -
only to uprooted trees and does not State
include trees which remain planted 2) outside territorial waters – to
on a known portion of land carried the first occupant
by the force of the waters. In this b. If formed in lakes, or navigable or
latter case, the trees are regarded floatable rivers - State
as accessions of the land through c. If formed on non-navigable or
gradual changes in the course of non-floatable rivers:
adjoining stream. (Payatas vs. 1) if nearer to one margin or
Tuazon) bank – to the nearer reparian
 Registration under the Torrens owner
system does not protect the riparian 2) if equidistant from both
owner against diminution of the area banks- to the reparian
of his land through gradual changes owners, by halves.
in the course of adjoining stream NOTE: There is no accession when
(Payatas vs. Tuazon). islands are formed by the branching of a
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
33
river; the owner retains ownership of the c) Adjunction in bad faith by the
isolated piece of land. owner of the accessory
i) he loses the accessory
Right of Accession with respect to ii) he is liable for damages
movable property
 When separation of things
 Basic Principle: Accession exists
allowed:
only if separation is not feasible.
a. separation without injury
Otherwise, separation may be
b. accessory is more precious
demanded.
than the principal
c. owner of the principal acted
 KINDS (accession continua as to
in bad faith
movables):
2. Mixture
1. Adjunction
 Union of materials where the
 the union of two things
components lose their identity.
belonging to different owners, in
 Kinds:
such a manner that they cannot
a. Commixtion – mixture of
be separated without injury,
solids
thereby forming a single object.
b. Confusion – mixture of
 Requisites
liquids
a) the two things must belong to
different owners
 Rules:
b) that they form a single object,
a. By the will of both owners or by
or that their separation would
accident: each owner acquires
impair their nature
an interest in proportion to the
 Kinds:
value of his material
a. inclusion or engraftment
b. By one owner in good faith:
b. soldadura or soldering
apply rule(a)
c. escritura or writing
c. By one owner in bad faith:
d. pintura or painting
i) he loses all his rights to his
e. tejido or weaving
own material
 Tests to determine principal:
ii) he is liable for damages
a. the “rule of importance and
purpose
3. Specification
b. that of greater value
 It is the transformation of another’s
c. that of greater volume
material by the application of labor.
d. that of greater merits
The material becomes a thing of
 Rules: different kind.
a) Adjunction in good faith by either  Labor is the principal
owner:
GENERAL RULE: accessory follows  Rules:
the principal. a) Owner of the principal (worker)
EXCEPTIONS if the accessory is in good faith:
much more precious than the i) maker acquires the new
principal, the owner of the accessory thing
may demand the separation even if ii) he must indemnify the owner
the principal suffers some injury of the material
b) Adjunction in bad faith by the EXCEPTION: if the material is
owner of the principal more valuable than the resulting
 option of the owner of the thing, the owner of the material
accessory: has the option:
i) to recover the value plus 1) to acquire the work,
damages indemnifying for the labor,
ii) to demand separation plus or
damages 2) to demand indemnity for the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
34
material have redounded to his benefit.

b) owner of the principal (worker)
in bad faith: the owner of the  Prescriptive Period:
material has the option: 1. plaintiff in possession –
i) to acquire the result without imprescriptible
indemnity 2. plaintiff not in possession – 10
ii) to demand indemnity for the (ordinary) or 30 years (extraordinary)
material plus damages
c) Owner of the material in bad Action to quiet Action to remove
faith title a cloud on
i) he loses the material title
ii) he is liable for damages PURPOSE
to put an end to to remove a
Adjunction Mixture Specification troublesome possible foundation
1. Involves Involves at May involve litigation in for a future hostile
at least 2 least 2 one thing (or respect to the claim
things things more) but property involved
form is NATURE OF THE ACTION
changed remedial action Preventive action
involving a present to prevent a future
2. Accessory Co- Accessory
adverse claim cloud on the title
follows the ownership follows the
principal results principal
3. Things Things The new
joined retain mixed or object retains
their nature confused or preserves  The action to quiet title does not
may either the nature of apply:
retain or the original a) to questions involving
lose their object. interpretation of documents
respective b) to mere written or oral assertions
natures
of claims; EXCEPT:
i) if made in a legal proceeding
QUIETING OF TITLE ii) if it is being asserted that
 It is an equitable action in rem to the instrument or entry in
determine the condition of the plaintiff’s favor is not what
ownership or the rights to immovable it purports to be
property, and remove doubts c) to boundary disputes
thereon. d) to deeds by strangers to the title
UNLESS purporting to convey the
 Requisites: property of the plaintiff
1. plaintiff must have a legal or e) to instruments invalid on their
equitable title to, or interest in the face
real property which is the subject f) where the validity of the
matter of the action; instrument involves pure
2. there must be a cloud in such title; questions of law
3. such cloud must be due to some
instrument, record, claim, Ruinous Buildings and Trees in Danger
encumbrance or proceeding which is of Falling:
apparently valid but is in truth
invalid, ineffective, voidable or
 As to buildings – the owners is
obliged to demolish or execute
unenforceable, and is prejudicial to
necessary work to prevent the
the plaintiff’s title; and
building from falling. Should he fail
4. plaintiff must return to the
to do so, the authorities shall order
defendant all benefits he may have
its demolition at the expense of the
received from the latter, or
owner, or take measures to insure
reimburse him for expenses that may
public safety.
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
35
 The complainant must show that his 1. Can be created 1. Can be created
property is adjacent to the without the only by contract,
dangerous construction, or must formalities of a express or implied
contract
have to pass by necessity in the
2. Has no juridical or 2. Has juridical
immediate vicinity. legal personality personality distinct
 The owner is responsible for from the partners
damages to others due to lack of 3. Purpose is 3. Purpose is to
necessary repairs. However, if the collective enjoyment obtain profits
damage is caused by defects in the of the thing
construction, then the builder is 4. Co-owner can 4. A partner, unless
responsible for the damages. dispose of his shares authorized cannot
without the consent dispose of his share
of the others with and substitute
CO-OWNERSHIP the another as a partner
 Definition: the right of common transferee in his place
dominion which two or more persons automatically
have in a spiritual part of a thing becoming a co-owner
which is not physically divided. 5. There is no mutual 5. A partner can
 Concept: co-ownership exists where representation generally bind the
the ownership of a thing physically partnership
undivided pertains to more than one 6. Distribution of 6. Distribution of
person. profits must be profits is subject to
proportional to the the stipulation of the
respective interests parties
of the co-owners
7. A co-ownership is 7. Death or
not dissolved by the incapacity dissolves
 Characteristics: death or incapacity the partnership
a)plurality of subjects (the co- of a co-owner
owners) 8. no public 8. May be made in
b) there is a single object which is instrument needed any form except
not materially divided even if real property when real property is
c)there is no mutual representation is the object of the contributed
co-ownership
by the co-owners
9. An agreement to 9. There may be
d) it exist for the common
keep the thing agreement as to a
enjoyment of the co-owners undivided for a definite term without
e) it has no distinct legal period of more than limit set by law
personality 10 years is void
f) it is governed first of all by the
contract of the parties;  Rules:
otherwise, by special legal 1. Rights of each co-owner as to the
provisions, and in default of such thing owned in common: USBRAP-
provisions, by the provisions of LDP
Title III on co-ownership a) To use the thing owned in
common
 Sources:  Limitations:
1. Law i) use according to the purpose
2. Contract for which it was intended
3. Chance ii) interest of the co-ownership
4. Occupation must not be prejudiced
5. Succession iii) other co-owners must not be
6. Testamentary disposition or prevented from using it
donation inter vivos according to their own
rights
Co-ownership Partnership
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
36
b) To share in the benefits and GENERAL RULE: Partition is

charges in proportion to the demandable by any of the co-
interest of each. owners as a matter of right at
NOTE: Any stipulation to the any time.
contrary is void. EXCEPTIONS:
c) To the benefits of prescription: 1) When there is a stipulation
prescription by one co-owner against it; but not to exceed
benefits all. 10 years.
d) Repairs and taxes: to compel the 2) When the condition of
others to share in the expenses indivision is imposed by the
of preservation even if incurred donor or testator; but not to
without prior notice. exceed 20 years.
NOTE: The co-owner being 3) When the legal nature of the
compelled may exempt himself from community prevents
the payment of taxes and expenses partition.
by renouncing his share equivalent to 4) When partition would render
such taxes and expenses. The value the thing unserviceable.
of the property at the time of the 5) When partition is prohibited
renunciation will be the basis of the by law
portion to be renounced. 6) When another co-owner has
e) Alterations: to oppose possessed the property as
alterations made without the exclusive owner for a period
consent of all, even if beneficial. sufficient to acquire it by
NOTES: prescription.
 Alteration is an act by virtue of
which a co-owner changes the 2. The following questions are
thing from the state in which the governed by the majority of
others believe it should remain, interests:
or withdraws it from the use to a) Management
which they desire it to be  Minority may appeal to the court
intended. against the majority’s decision if
 Expenses to improve or the same is seriously prejudicial.
embellish are decided by the b) Enjoyment
majority c) Improvement or embellishment
f) To protest against seriously 3. Rights as to the ideal share of each
prejudicial decisions of the co-owner:
majority a) Each has full ownership of his part
g) Legal redemption: to be and of his share of the fruits and
exercised within 30 days from benefits
written notice of sale of an b) Right to substitute another person
undivided share of another co- its enjoyment, EXCEPT when
owner to a stranger personal rights are involved
h) To defend the co-ownership’s c) Right to alienate, dispose or
interest in court encumber
i) To demand partition at any time d) Right to renounce part of his
 Partition is the division interest to reimburse necessary
between 2 or more persons of expenses incurred by another co-
real or personal property which owner
they own in common so that e) Transactions entered into by each
each may enjoy and possess his co-owner only affect his ideal
sole estate to the exclusion of share.
and without interference from
others EXTINGUISHMENT OF CO-OWNERSHIP
(CALSTEP)
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
37
1. consolidation or merger in one co- rendered ½ or more of the units

owner untenantable and that the
2. acquisitive prescription in favor of a condominium owners holding more
third person or a co-owner who than 30% interest in the common
repudiates the co-ownership areas are opposed to restoration of
3. loss or destruction of property co- the projects;
owned 3. When the project has been in
4. sale of property co-owned existence for more than 50 years,
5. termination of period agreed upon that it is obsolete and uneconomic,
by the co-owners and the condominium owners holding
6. expropriation in aggregate more than 50% interest
7. judicial or extra-judicial partition in the common areas are opposed to
restoration, remodeling or
CONDOMINIUM ACT (R.A. NO. 4726) modernizing;
CONDOMINIUM 4. When the project or a material part
 an interest in real property thereof has been condemned or
consisting of a separate interest in a expropriated and the project is no
unit in a residential, industrial or longer viable, or that the
commercial building and an condominium owners holding in
undivided interest in common, aggregate more than 70% interest in
directly or indirectly, in the land on the common areas are opposed to
which it is located and in other the continuation of the condominium
common areas of the building. regime;
 Any transfer or conveyance of a unit 5. When conditions for partition by sale
or an apartment, office or store or set forth in the declaration of
other space therein, shall include restrictions duly registered have
transfer or conveyance of the been met.
undivided interest in the common
areas or, in a proper case, the WATERS
membership or shareholdings in the  Classification
condominium corporation: provided, a) Waters public per se (water is the
however, that where the common principal; the bed follows the
areas in the condominium project character of the water (See Arts.
are held by the owners of separate 502 [1] and 502 [2])
units as co-owners thereof, no b) Waters public or private according
condominium unit therein shall be to their bed (water is accessory to
conveyed or transferred to persons bed)
other than Filipino citizens or c) Waters public by special provision
corporations at least 60% of the
capital stock of which belong to POSSESSION
Filipino citizens, except in cases of  Concept: the material holding or
hereditary succession. control of a thing or the enjoyment
of a right.
GENERAL RULE: Common areas shall
remain undivided, and there shall be no  Requisites:
judicial partition thereof: 1. occupancy, apprehension, or taking
EXCEPTIONS: 2. deliberate intention to possess
1. When the project has not been 3. by virtue of ones own right
rebuilt or repaired substantially to
its state prior to its damage or  Degrees:
destruction 3 years after damage or 1. possession without any title
destruction which rendered a whatsoever
material part thereof unfit for use; 2. possession with juridical title
2. When damage or destruction has 3. possession with just title sufficient
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
38
to transfer ownership the moment defects in his title are

4. possession with a title in fee simple made known to the possessor. This
interruption of good faith may take
 Classes: place at the date of summons or that
a) In one’s own name – where possessor of the answer if the date of
claims the thing for himself summons does not appear.
b) In the name of another – for whom However, there is a contrary view
the thing is held by the possessor that the date of summons may be
c) In the concept of owner – possessor insufficient to convince the possessor
of the thing or right , by his actions, that his title is defective.
is considered or is believed by other
people as the owner, regardless of  Presumptions in favor of possessor:
the good or bad faith of the 1. of good faith
possessor 2. of continuity of initial good faith
d) In the concept of holder – possessor 3. of enjoyment in the same character
holds it merely to keep or enjoy it, in which possession was acquired
the ownership pertaining to another until the contrary is proved
person; possessor acknowledges in 4. of non-interruption in favor of the
another a superior right which he present possessor
believes to be ownership. 5. of continuous possession by the one
NOTE: None of these holders assert a who recovers possession of which he
claim of ownership in himself over the was wrongfully deprived
thing but they may be considered as 6. of extension of possession of real
possessors in the concept of owner, or property to all movables contained
under claim of ownership, with respect therein
to the right they respectively exercise
over the thing.  Object of possession:
e) In good faith – possessor is not aware GENERAL RULE: All things and rights
that there is in his title or mode of susceptible of being appropriated
acquisition a defect that invalidates EXCEPTIONS:
it 1. Res communes
 Requisites: 2. Property of public dominion
1. Ostensible title or mode of 3. Discontinuous servitudes
acquisition 4. Non-apparent servitudes
2. Vice or defect in the title
3. Possessor is ignorant of the Acquisition of possession:
vice or defect and must have  Manner
an honest belief that the 1. Material occupancy of the thing
thing belongs to him 2. Subjection to the action of our will
NOTE: Gross and inexcusable ignorance 3. Proper acts and legal formalities
of the law may not be the basis of good established for acquiring such right.
faith, but possible, excusable ignorance Conflicts between several claimants:
may be such basis. (Kasilag vs Roque, 69 GENERAL RULE: Possession cannot be
PHIL 217) recognized in two different personalities
f) In bad faith – possessor is aware of except in case of co-possession when
the invalidating defect in his own there is no conflict
title.  Criteria in case of dispute:
NOTES: 1. present/actual possessor shall be
 Only personal knowledge of the flaw preferred
in one’s title or mode of acquisition 2. if there are two possessors, the one
can make him a possessor in bad longer in possession
faith. It is not transmissible even to 3. if the dates of possession are the
an heir. same, the one with a title
 Possession in good faith ceases from 4. if all the above are equal, the fact of
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
39
possession shall be judicially without

determined, and in the meantime, removal
the thing shall be placed in judicial h. Taxes h. taxes and h. taxes
deposit and charges and charges
charges i. charged to i. charged
i. on owner to owner
Subject Possessor in Possessor capital ii. charged to ii. charged
good faith in bad possessor to owner
faith ii. on iii. prorated iii. to
a. Fruits a. to possessor a. to owner fruits owner
gathered
b. b. not b. iii.
Cultivation reimbursed to reimbursed charges
Expenses of possessor to possessor i. Improve- i. no i. no
gathered ments no reimburse- reimburse-
fruits longer ment ment
c. Fruits c. prorated c. to owner existing
pending according to j. Liability j. only if j. liable in
and time for acting with every case
charges accidental fraudulent
d. d. indemnity d. no loss or intent or
Production pro rata to indemnity deteriorati negligence,
expenses of possessor on after summons
pending (owner’s k. k. to owner k. to
fruits option) Improve- or lawful owner or
i. in money, ments due possessor lawful
or
ii. by
to time or possessor
allowing full nature
cultivation
and Possession of movables
gathering of  Possession of movables in good faith
all fruits is equivalent to title.
e. e. reimbursed e.  Requisites:
Necessary to possessor; reimbursed a) possession is in good faith
expenses retention to b) the owner has voluntarily parted
possessor;
no
with the possession of the thing
retention c) possessor is in the concept of
f.. Useful f. reimbursed f. no owner
expenses to possessor reimbursem One who has lost or has been
(owner’s ent unlawfully deprived of it , may
option) recover it from whomsoever
i. initial cost possesses it, ordinarily, without
ii. plus value reimbursement.
 may remove
if no
reimburse-
ment, and no
 Doctrines:
damage is a) owner of the thing must prove (1)
caused to the ownership of the thing and (2) loss or
principal by unlawful deprivation; or bad faith of
the removal the possessor
g. g. reimburse- g. owner’s b) Where the owner acts negligently or
Ornamen- ment at option: voluntarily parts with the thing
tal owner’s i. owned, he cannot recover it from
expenses option: removal, or the possessor
i. removal if ii. value
c) The owner may recover the movable
no injury, or at time of
ii. cost recovery in case of loss or involuntary
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
40
deprivation; but must reimburse the 1. Always a real 1.Generally a

price paid if possessor acquired the right personal right
thing in good faith and at a public 2. Person creating 2. Lessor may not
sale. the usufruct should be the owner
be the owner or his
duly authorized
Loss of possession: agent
1. By the will of the possessor 3. May be created 3.Generally created
a) Abandonment by law, by contract, by contract
b) Transfer or conveyance by will of the
2. Against the will of the possessor testator, or by
a) Eminent domain prescription
b) Acquisitive prescription 4. As a rule, 4.Lease generally
c) Judicial decree in favor of better usufruct covers all refers to uses only
right the fruits and all
the uses and
d) Possession of another for more
benefits of the
than one year entire property
NOTE: this refers to possession de 5. Involves a more 5. Lease involves a
facto where the possessor loses the or less passive more active owner
right to a summary action; but he owner who allows or lessor who makes
may still bring action publiciana or the usufructuary to the lessee to enjoy
reivindicatoria enjoy the object
e) By reason of the object given in usufruct
i. destruction or total loss of 6. Pays for ordinary 6.Lessee is not
the things repairs and taxes on generally under
the fruits obligation to
ii. withdrawal from commerce
undertake repairs or
pay taxes
USUFRUCT
 gives a right to enjoy the property of Special Usufructs
another with the obligation of a) of pension or income (Art 570)
preserving its form and substance, b) of property owned in common (Art.
unless the title constituting it or the 582)
law otherwise provides. c) of cattle (livestock) (Art. 591)
 Characteristics: d) on vineyards and woodlands (Art.
a. Real right 575-576)
b. Of temporary duration e) on a right of action (Art. 578)
c. To derive all advantages from f) on mortgaged property (Art. 600)
the thing due to normal g) over the entire patrimony (Art.
exploitation 598)
d. may be constituted on real or h) over things which gradually
personal property, consumable deteriorate (Art. 573)
or non-consumable, tangible or i) of consumable property (Art 574)
intangible, the ownership of
which is vested in another Rights of the Usufructuary
e. transmissible 1. As to the thing and its fruits
a. To receive and benefit from the
GENERAL RULE: Usufructuary is bound fruits
to preserve the form and substance of b. To enjoy any increase through
the thing in usufruct. accessions and servitudes
EXCEPTION: Abnormal usufruct whereby c. To the half of the hidden
the law or the will of the parties may treasure he accidentally finds
allow the modification of the substance d. To lease the thing, generally, for
of the thing. the same or shorter period as the
usufruct.
Usufruct Lease
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
41
e. To improve the thing without

altering its form and substance NOTE: Effects of failure to post
f. Right to set-off the bond:
improvements he may have 1. owner shall have the following
made on the property against options:
any damage to the same a. receivership of realty, sale
g. To retain the thing until he is of movables, deposit of
reimbursed for advances for securities, or investment of
extraordinary expenses and money; OR
taxes on the capital b. retention of the property as
h. To collect reimbursements from administrator
the owner for indispensable 2. the net product shall be
extraordinary repairs, taxes on delivered to the usufructuary
the capital he advanced, and 3. usufructuary cannot collect
damages caused to him. credits due or make investments
i. To remove improvements made of the capital without the
by him if the same will not consent of the owner or of the
injure the property court until the bond is given.
2. As to the usufruct itself
a. To mortgage the right of 2. During the usufruct:
usufruct except parental a. To take care of the property
usufruct b. To replace with the young
b. To alienate the usufruct thereof animals that die or are
lost in certain cases when the
Obligations of the usufructuary: usufruct is constituted on flock
1. Before exercising the usufruct: or herd of livestock
a. To make an inventory of the c. To make ordinary repairs
property d. To notify the owner of urgent
b. To give a bond, EXCEPT extra-ordinary repairs
1) when no prejudice would e. To permit works and
result improvements by the naked
2) when the usufruct is owner not prejudicial to the
reserved by the donor or usufruct
parents f. To pay annual taxes and charges
3) in cases of caucion juratoria on the fruits
where the usufructuary, g. To pay interest on taxes on
being unable to file the capital paid by the naked owner
required bond or security, h. To pay debts when the usufruct
files a verified petition in is constituted on the whole
the proper court asking for patrimony
the delivery of the house and i. To secure the naked owner’s or
furniture necessary for court’s approval to collect
himself and his family credits in certain cases
without any bond or j. To notify the owner of any
security. prejudicial act committed by
 takes an oath to take third persons
care of the things and k. To pay for court expenses and
restore them costs regarding usufruct.
 property cannot be
alienated or encumbered 3. At the termination of the usufruct:
or leased because this a. To return the thing in usufruct to
would mean that the the owner unless there is a right
usufructuary does not of retention
need it. b. To pay legal interest on the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
42
amount spent by the owner for the dominant owner or estate,

extraordinary repairs or taxes on without possession
the capital g) It cannot consist in the doing of an
c. To indemnify the owner for any act unless the act is accessory in
losses due to his negligence or of relation to a real easement
his transferees h) It is a limitation on the servient
owner’s rights of ownership for the
Extinguishment of Usufruct: (PT2DERM) benefit of the dominant owner; and,
1. Prescription therefore, it is not presumed
2. Termination of right of the person
constituting the usufruct  Classification:
3. Total loss of the thing 1. As to its exercise:
4. Death of the usufructuary, unless a)Continuous Easements – those the
contrary intention appears use of which is, or may be,
5. Expiration of the period or incessant without the
fulfillment of the resolutory intervention of any act of man
condition b) Discontinuous Easements – those
6. Renunciation of the usufructuary which are used at intervals and
7. Merger of the usufruct and depend upon the acts of man
ownership in the same person
2. As to the indication of their
EASEMENT OR SERVITUDE existence:
 Encumbrance imposed upon an a) Apparent Easements – those
immovable for the benefit of a which are made known and are
community or one or more persons continually kept in view by
or for the benefit of another external signs that reveal the
immovable belonging to a different use and enjoyment of the same
owner. b) Non-apparent Easements – those
which show no external
 Concept: it is a real right, indication of their existence
constituted on the corporeal
immovable property of another, by 3. As to duty of servient owner
virtue of which the owner of the a) Positive – the servient owner
latter has to refrain from doing or must allow something to be done
must allow something to be done on in his property or do it himself.
his property, for the benefit of These are called servitudes of
another person or tenement. intrusion and or/service”
b) Negative – the servient owner
 Characteristics: must refrain from doing
a) It is a real right but will affect third something which he could
persons only when duly registered lawfully do if the easement did
b) It is enjoyed over another not exist
immovable, never on one’s own
property Easement Lease
c) It involves two neighboring estates 1. Real right, Real right only when
(in case of real easements) whether registered it is registered, or
d) It is inseparable from the estate to or not when its subject
which it is attached, and, therefore, matter is real
cannot be alienated independently property and the
of the estate duration exceeds
e) It is indivisible for it is not affected one year
by the division of the estate between 2. Imposed only on May involve either
two or more persons real property real or personal
f) It is a right limited by the needs of
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
43
3. There is a limited Limited right to works necessary for the use and
right to the use of both the possession preservation of the servitude
real property of and use of another’s 3. Choose the most convenient time
another but without property and manner in making the
the right of
necessary works as to cause the
possession
least inconvenience to the
servient owner
Easement Usufruct 4. Contribute to the necessary
1. Imposed only on May involve either expenses if there are several
real property real or personal
dominant estates
property
2. Limited to Includes all the uses
particular or and the fruits of the Servient Owner
specific use of the property  Rights:
servient estate 1. To retain ownership and
3. A non-possessory Involves a right of possession of the servient estate
right over an possession in an 2. To make use of the easement,
immovable immovable or unless there is agreement to the
immovable contrary
4. Not extinguished Extinguished by the 3. To change the place or manner
by the death of the death of the of the easement, provided it be
dominant owner usufructuary equally convenient
 Modes of Acquisition: (PDFAT)  Obligations:

1. by prescription of 10 years 1. Cannot impair the use of the
(continuous and apparent easement
easements) 2. Contribute to the necessary
2. by deed of recognition expenses in case he uses the
3. by final judgment easement, unless there is an
4. by apparent sign established by agreement to the contrary
the owner of two adjoining
estates Extinguishment of Easements:
5. by title (REMAIN BREW)
1. Redemption agreed upon
Dominant Owner 2. Expiration of the term or
 Rights fulfillment of the resolutory
1. To exercise all the rights condition
necessary for the use of the 3. Merger of ownership of the
easement dominant and servient estate
2. To make on the servient estate 4. Annulment of the title to the
all the works necessary for the servitude
use and preservation of the 5. Permanent Impossibility to use
servitude the easement
3. To renounce the easement if he 6. Non-user for 10 years
desires to exempt himself from a. discontinuous: counted
contribution to necessary from the day they ceased to
expenses be used
4. To ask for mandatory injunction b. continuous: counted
to prevent impairment of his use from the day an act adverse
of the easement to the exercise takes place
7. Bad condition - when either or
 Obligations: both estates fall into such a
1. Cannot render the easement or condition that the easement
render it more burdensome could not be used
2. Notify the servient owner of 8. Resolution of the right to create
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
44
the servitude, i.e. in case of outlet to a public highway

pacto de retro, when the 3. Right of way must be absolutely
property is redeemed necessary
9. Expropriation of the servient 4. Isolation must not be due to the
estate claimant’s own act
10. Waiver by the dominant owner 5. Easement must be established at
the point least prejudicial to the
EASEMENT FOR WATERING CATTLE servient estate
 This is really a combined easement for 6. Payment of proper indemnity
drawing of water and right of way  it is the needs of the dominant
 Requisites: property which ultimately determine
a) must be imposed for reasons of the width of the passage, and these
public use needs may vary from time to time
b) must be in favor of a town or (Encarnacion vs. CA, 195 SCRA 72).
village  Special cause of extinction: the
c) indemnity must be paid opening of a public road, or joining
the dominant tenement to another
EASEMENT OF AQUEDUCT with exit on a public road.
 The right arising from a forced NOTE: the extinction in NOT
easement by virtue of which the automatic. There must be a demand
owner of an estate who desires to for extinction coupled with tender of
avail himself of water for the use of indemnity by the servient owner.
said estate may make such waters
pass through the intermediate estate PARTY WALL
with the obligation of indemnifying  a common wall which separates 2
the owner of the same and also the estates built by common agreement
owner of the estate to which the at the dividing line such that it
water may filter or flow. occupies a portion of both estates on
 Character: apparent and continuous equal parts.
 Requisites:
a) dominant owner must prove that Party Wall Co-ownership
he has the capacity to dispose of 1. Shares of parties Shares of the co-
the water cannot be owners can be
b) that the water is sufficient for physically divided and
the intended use segregated but they separated
can be physically physically but
c) that the course is most
identified before such
convenient, and least onerous to division, a co-owner
the 3rd person cannot point to any
d) payment of indemnity definite portion of
the property as
RIGHT OF WAY belonging to him
 The right granted to the owner of an 2. No limitation as None of the co-
estate which is surrounded by other to use of the party owners may use the
estates belonging to other persons wall for exclusive community property
and without an adequate outlet to a benefit of a party for his exclusive
benefit
public highway to demand that he be
3. Owner may free Partial renunciation
allowed a passageway throughout himself from is allowed
such neighboring estates after contributing to the
payment of proper indemnity cost of repairs and
 Requisites: construction of a
1. Claimant must be an owner of party wall by
enclosed immovable or one with renouncing all his
real right rights thereto
2. There must be no adequate
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
45
 Presumptions of existence (juris

tantum): LIGHT AND VIEW
1. in adjoining walls of buildings, 1. Easement of Light (jus luminum) -
up to common elevation right to admit light from the
2. in dividing walls of gardens and neighboring estate by virtue of the
yards (urban) opening of a window or the making
3. in dividing fences, walls and live of certain openings.
hedges of rural tenements  Requisites:
4. in ditches or drains between a. opening must not be greater
tenements than 30 centimeters squared,
made on the ceiling or on the
 Rebuttal of presumption: wall; and
1. title b. there must be an iron grating
2. by contrary proof: 2. Easement of view (jus prospectus) –
3. by signs contrary to the the right to make openings or
existence of the servitude (Arts. windows, to enjoy the view through
660 & 661) the estate of another and the power
NOTE: if the signs are to prevent all constructions or work
contradictory, they cancel each which would obstruct such view or
other make the same difficult. It
necessarily includes easement of
 Rights of part owners: light
1. to make use of the wall in
proportion to their respective Restrictions on openings in one’s own
interests, resting buildings on it wall when contiguous (less than 2m) to
or inserting beams up to one-half another’s tenement:
of the wall’s thickness 1. it cannot exceed 1 foot sq. (30 cm
2. to increase the height of the each side)
wall 2. openings must be at the height of
a. at his expense the joists, near the ceiling (Choco
b. upon payment of proper vs. Santamaria, 21 Phil 132)
indemnity 3. the abutting owner may:
c. to acquire half interest in a. close the openings if the wall
any increase of thickness or becomes a party wall
height, paying a b. block the light by building or
proportionate share in the erecting his own wall unless
cost of the work and of the a servitude is acquired by
land covered by the increase title or prescription
c. ask for the reduction of the
 Obligations of each part-owners: opening to the proper size
1. to contribute proportionately to
the repair and maintenance Restrictions as to views
unless he renounces his part- 1. Direct views: the distance of 2
ownership METERS between the wall and the
2. if one part owner raises the boundary must be observed
height of the wall, he must: 2. Oblique views: (walls perpendicular
a. bear the cost of or at an angle to the boundary line)
maintenance of the additions must not be less than 60cm from the
b. bear the increased expenses boundary line to the nearest edge of
of preservation the window
c. bear the cost of construction NOTE: Any stipulation permitting lesser
d. give additional land, if distances is void.
necessary, to thicken the
wall Modes of acquisition
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
46
1. by title 2. Per accidens – nuisance by

2. by prescription reason of circumstances,
a. positive – counted from the time location, or surroundings.
of the opening of the window, if 3. Public – affects the community
it is through a party wall or a considerable number of
b. negative – counted from the persons.
formal prohibition on the 4. Private – affects only a person or
servient owner. a small number of persons.
NOTE: mere non-observance of distances
prescribed by Art. 670 without formal Doctrine of Attractive Nuisance:
prohibition, does not give rise to  One who maintains on his premises
prescription dangerous instrumentalities or
VOLUNTARY EASEMENTS appliances of a character likely to
 Constituted by the will of the parties attract children in play and who fails
or of a testator. to exercise ordinary care to prevent
 The owner possessing capacity to children from playing therewith or
encumber property may constitute resorting thereto is liable to a child
voluntary servitude. If there are of tender years who is injured
various owners, ALL must consent; thereby, even if the child is
but consent once given is not technically a trespasser in the
revocable premises.
 Voluntary easements are established
in favor of: Remedies against public nuisance:
1. predial servitudes: (PCE)
a. for the owner of the 1. Prosecution under the RPC or
dominant estate local ordinance
b. for any other person having 2. Civil Action
any juridical relation with 3. Extrajudicial Abatement
the dominant estate, if the
owner ratifies it. Remedies against private nuisance:
2. personal servitudes: for anyone (CE)
capacitated to accept. 1. Civil Action
2. Extrajudicial Abatement
NUISANCE
 Any act, omission, establishment, Extrajudicial Abatement
business or condition of property or  Requisites:
anything else which: (ISAHO) 1. nuisance must be specially
1. Injures/endangers the health or injurious to the person affected;
safety of others; 2. no breach of peace or
2. Shocks, defies or disregards unnecessary injury must be
decency or morality; committed;
3. Annoys or offends the senses; 3. prior demand;
4. Hinders or impairs the use of 4. prior demand has been rejected;
property; or 5. approval by district health
5. Obstructs or interferes with the officer and assistance of local
free passage to any public police; and
highway or street, or body of 6. value of destruction does not
water. exceed P3,000.
 Classes: THEORY OF MODE AND TITLE

1. Per se – nuisance at all times and
under all circumstances  MODE is the specific cause which
regardless of location and gives rise to them, as the result of
surrounding. the presence of a special condition
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
47
of things, of the aptitude and intent 4. the thing must be without an

of persons, and of compliance with owner
the conditions established by law. 5. there must be an intention to
This is the proximate cause of the appropriate
acquisition.
 Specific instances:
 TITLE is the juridical justification for 1. hunting and fishing
the acquisition or a transfer of 2. finding of movables which do not
ownership or other real right. This is have an owner
the remote cause of the acquisition. 3. finding of abandoned movables
4. finding of hidden treasure
DIFFERENT MODES (and TITLES) of

ACQUIRING OWNERSHIP 5. catching of swarm of bees that
has escaped from its owner,
Modes of Titles of under certain conditions
acquiring acquiring 6. catching of domesticated
ownership ownership animals that have escaped from
A. Original Modes their owners, under certain
1. Occupation 1. Condition of conditions
being without 7. catching of pigeons without
known owner fraud or artifice
2. Work which 2. Creation, 8. transfer of fish to another
includes discovery or
breeding place without fraud or
Intellectual invention
creation artifice
B. Derivative modes
3. Law 3. Existence of TRADITION/DELIVERY
required  a mode of acquiring ownership as a
conditions consequence of certain contracts, by
4. Tradition 4. Contract of the virtue of which, the object is placed
parties in the control and possession of the
5. Donation 5. Contract of the transferee, actually or
parties constructively.
6. Prescription 6. Possession in
the concept of  Kinds:
owner
1. Real Tradition - actual delivery
7. Succession 7. Death
2. Constructive Tradition
a. traditio symbolica –
OCCUPATION parties make use of a token
 a mode of acquiring ownership by or symbol to represent the
the seizure of things corporeal which thing delivered
have no owner, with the intention of b. traditio longa manu – by
acquiring them, and according the mere consent of the parties
rules laid down by law. if the thing sold cannot be
transferred to the possession
 Requisites: of the vendee at the time of
1. there must be seizure of a thing the sale
2. the thing seized must be c. traditio brevi manu –
corporeal personal property when the vendee already has
3. the thing must be susceptible of possession of the thing sold
appropriation by nature
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
48
by virtue of another title assets)

d. traditio constitutum
possessorium – when the  Classification:
vendor continues in 1. As to effectivity:
possession of the thing sold a. inter vivos
not as owner but in some b. mortis causa
other capacity c. propter nuptias
3. Quasi-tradition – exercise of the 2. As to perfection/extinguishment:
right of the grantee with the a. pure
consent of the grantor b. with a condition
4. Tradicion por ministerio de la ley c. with a term
– delivery by operation of law 3. As to consideration:
6. Tradition by public instrument a. simple - gratuitous
b. remuneratory or compensatory –
 Requisites: made on account of donee’s
1. right transmitted should have merits
previously existed in the c. modal – imposes upon the donee
patrimony of the grantor a burden which is less than the
value of the thing donated
2. transmission should be by just
title
3. grantor and grantee should have
Donation Inter Donation Mortis
intention and capacity to
Vivos Causa
transmit and acquire
1. Takes effect Takes effect upon the
4. transmission should be
independently of death of the donor
manifested by some act which the donor’s death
should be physical, symbolical or 2. Title conveyed Title conveyed upon
legal to the donee donor’s death
before the donor’s
DONATION death
 an act of liberality whereby a person 3. Valid if donor Void if donor survives
disposes gratuitously of a thing or survives donee donee
right in favor of another who accepts 4. Generally irrevo- Always revocable
it cable during
donor’s lifetime
 Requisites: CIDA 5. Must comply Must comply with the
with the formalities required
1. donor must have capacity to formalities by law for the
make the donation required by Arts. execution
2. he must have donative intent 748 and 749 of the Of wills
(animus donandi) Code
3. there must be delivery
4. donee must accept or consent to Donations prohibited by law:
the donation 1. Made by persons guilty of adultery or
concubinage at the time of donation;
 Essential features/elements of a 2. Made between persons found guilty
true donation: of the same criminal offense in
a) Alienation of property by the consideration thereof;
donor during his lifetime, which 3. Made to a public officer or his/her
is accepted spouse, descendants or ascendants in
b) Irrevocability by the donor consideration of his/her office;
c) Intention to benefit the donee 4. Made to the priest who heard the
(animus donandi) confession of the donor during the
d) Consequent impoverishment of latter’s last illness, or the minister
the donor (diminution of his of the gospel who extended spiritual
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
49
aid to him during the same period; LIMITATIONS ON DONATION OF

5. Made to relatives of such priest, etc. PROPERTY
within the 4th degree, or to the 1. Future property cannot be
church to which such priest belongs; donated.
6. Made by a ward to the guardian 2. Present property that can be
before the approval of accounts; donated:
7. Made to an attesting witness to the a) if the donor has forced heirs: he
execution of donation, if there is cannot give or receive by
any, or to the spouse, parents, or donation more than he can give
children, or anyone claiming under of receive by will
them. b) if the donor has no forced heirs:
8. Made to a physician, surgeon, nurse, donation may include all present
health officer or druggist who took property provided he reserves in
care of the donor during his/her last full ownership or in usufruct:
illness; 1) the amount necessary to
9. Made by individuals, associations or support him, and
corporations not permitted by law to 2) those relatives entitled to
make donations; and support from him
10. Made by spouses to each other 3) property sufficient to pay
during the marriage or to persons of the donor’s debt contracted
whom the other spouse is a prior to the donation.
presumptive heir. 3. Donation should not prejudice
Forms of donations: creditors
1. Donations of movable property: 4. Donee must reserve sufficient
a. With simultaneous delivery of means for his support and for his
property donated: relatives which are entitled to
i. it may be oral/written – be supported by him.
P5,000 or less;
ii. if value exceeds P5,000 – EFFECTS OF DONATION
written in public or private 1. donee may demand the delivery of
document the thing donated
b. Without simultaneous delivery: 2. donee is subrogated to the rights of
 the donation and acceptance the donor in the property
must be written in a public 3. in donations propter nuptias, the
or private instrument, donor must release the property
regardless of value from encumbrances, except
servitudes
2. Donation of immovable property: 4. donor’s warranty exists if
a. must be in a public instrument a. expressed
specifying the property donated b. donation is propter nuptias
and the burdens assumed by c. donation is onerous
donee, regardless of value d. donor is in bad faith
b. acceptance must be either: 5. when the donation is made to
i. in the same instrument; or several donees jointly, they are
ii. in another public instrument, entitled to equal portions, without
notified to the donor in accretion, unless the contrary is
authentic form, and noted in stipulated
both deeds
Payment of the donor’s debt by the
NOTE: Expression of gratitude to the donee
donor without express acceptance was 1. If there is express stipulation: the
held a sufficient acceptance (Cuevas vs donee is to pay only debts
Cuevas) contracted before the donation, if
not otherwise specified; but the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
50
donee answers only up to the value Acquisitive Extinctive

of the property donated, if no prescription prescription
stipulation is made to the contrary 1. relationship 1. one does not look
2. If there is no stipulation: the donee between the to the act of the
is answerable for the debts of the occupant and the possessor but to the
donor only in case of fraud against land in terms of neglect of the owner
creditors. possession is capable
of producing legal
consequences; it is
ACTS OF INGRATITUDE the possessor who is
1. If the donee should commit some the actor
offense against the person, honor or 2. requires possession 2. requires inaction
property of the donor, or of his wife by a claimant who is of the owner or
or children under his parental not the owner neglect of one with
authority a right to bring his
2. If the donee imputes to the donor action
any criminal offense, or any act 3. applicable to 3. applies to all
involving moral turpitude, even ownership and other kinds of rights,
real rights whether real or
though he should prove it, unless the
personal
crime or act has been committed
4. vests ownership or 4. produces the
against the donee himself, his wife other real rights in extinction of rights
or children under his authority the occupant or bars a right of
3. Refusal to support the donor action
5. results in the 5. results in the loss
PRESCRIPTION acquisition of of a real or personal
 Kinds: ownership or other right, or bars the
1. Acquisitive prescription - one real rights in a person cause of action to
as well as the loss of enforce said right
acquires ownership and other real said ownership or real
rights through the lapse of time in rights in another
the manner and under the conditions 6. can be proven 6. should be
laid down by law. under the general affirmatively
a. Ordinary acquisitive issue without its pleaded and proved
prescription: requires possession being affirmatively to bar the action or
of things in good faith and with pleaded claim of the adverse
just title for the time fixed by party
law
b. Extraordinary acquisitive Period of Prescription
prescription: acquisition of Movables Immovables
ownership and other real rights 1. Good Faith
without need of title or of good 4 years 10 years
faith or any other condition 2. Bad Faith
 Requisites: 8 years 30 years
1) capacity to acquire by
prescription Rules on Computation of Period:
2) a thing capable of acquisition by 1. The present possessor may complete
prescription the period necessary for prescription
3) possession of thing under certain by tacking his possession to that of
conditions his grantor or predecessor
4) lapse of time provided by law
2. It is presumed that the present
2. Extinctive Prescription – rights and possessor who was also the possessor
actions are lost through the lapse of at a previous time, has continued to
time in the manner and under the be in possession during the
conditions laid down by law. intervening time, unless there is
proof to the contrary
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
51
3. The first day shall be excluded and Persons against whom prescription
the last day included does NOT run:
1. Between husband and wife, even
Persons Against Whom Prescription though there be separation of
runs: property agreed upon in the
1. Minors and other incapacitated marriage settlements or by judicial
persons who have parents, guardians decree.
or other legal representatives 2. Between parents and children,
2. Absentees who have administrators during the minority or insanity of the
3. Persons living abroad who have latter
managers or administrators 3. Between guardian and ward during
4. Juridical persons, except the state the continuance of the guardianship
and its subdivision
Prescriptive Actions Prescriptive period Actions

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

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

Gayon
Rhodora
John Stephen
Purganan(LTD),
52
b) 30 YEARS  real actions h) 3 YEARS  actions under

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

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

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

Gayon
Rhodora
John Stephen
Purganan(LTD),
53
 action for
warranty of
solvency in
assignment of
credits
 actions for loss
or damage to goods
under the COGSA
e) 6 YEARS  actions upon k) 6 MONTHS  actions for

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

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

Gayon
Rhodora
John Stephen
Purganan(LTD),

Property: San Beda College of Law

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Property: San Beda College of Law

Uploaded by

Copyright:

Available Formats

San Beda College of Law

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

transported from place to place immovables to which they have been

MEMORY AID IN CIVIL LAW

properties will eventually be sold was considered as a special law in the

MEMORY AID IN CIVIL LAW

3. Exclusive – there can only be one 1. Interference necessary

MEMORY AID IN CIVIL LAW

vacate is payment of rentals ownership of which does not appear.

c. ACCION REIVINDICATORIA  Classifications:

MEMORY AID IN CIVIL LAW

b) subject to a usufruct; party fails to pay for said land.

MEMORY AID IN CIVIL LAW

lands) shall own the accretion which

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

material have redounded to his benefit.

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

b) To share in the benefits and GENERAL RULE: Partition is

MEMORY AID IN CIVIL LAW

1. consolidation or merger in one co- rendered ½ or more of the units

MEMORY AID IN CIVIL LAW

to transfer ownership the moment defects in his title are

MEMORY AID IN CIVIL LAW

possession shall be judicially without

MEMORY AID IN CIVIL LAW

deprivation; but must reimburse the 1. Always a real 1.Generally a

MEMORY AID IN CIVIL LAW

e. To improve the thing without

MEMORY AID IN CIVIL LAW

amount spent by the owner for the dominant owner or estate,

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 Modes of Acquisition: (PDFAT)  Obligations:

MEMORY AID IN CIVIL LAW

the servitude, i.e. in case of outlet to a public highway

MEMORY AID IN CIVIL LAW

 Presumptions of existence (juris

MEMORY AID IN CIVIL LAW

1. by title 2. Per accidens – nuisance by

 Classes: THEORY OF MODE AND TITLE

MEMORY AID IN CIVIL LAW

of things, of the aptitude and intent 4. the thing must be without an

DIFFERENT MODES (and TITLES) of

MEMORY AID IN CIVIL LAW

by virtue of another title assets)

MEMORY AID IN CIVIL LAW

aid to him during the same period; LIMITATIONS ON DONATION OF

MEMORY AID IN CIVIL LAW

donee answers only up to the value Acquisitive Extinctive

MEMORY AID IN CIVIL LAW

Prescriptive Actions Prescriptive period Actions

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

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

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

c) 10 YEARS  actions upon a i) 2 YEARS  action to

d) 8 YEARS  action to j) 1 YEAR  action to

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW