Professional Documents
Culture Documents
Property Reviewer MMFF
Property Reviewer MMFF
b) mine, quarries
2. By incorporation – essentially movables but attached to an immovable that it becomes an integral part of it
trees, plants & growing fruits adhered to soil
everything attached to an immovable that it will break if separated
statues, paintings if intended by owner to be integral part of immovable
animal houses if intended by owner to become permanently attached to immovable
3. By destination – movables but purpose is to partake of an integral part of an immovable
machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry
fertilizers – when applied to soil
docks & floating structures
4. By analogy/by law – contracts for public works, servitude & other real rights over immovable property
Movable property
1. susceptible of appropriation that are not included in enumeration in immovable
2. immovable that are designated as movable by special provision of law
3. forces of nature brought under control by science
4. things w/c can be transported w/o impairment of real property where they are fixed
5. obligations which involve demandable sums (credits)
6. shares of stocks of agricultural, commercial & industrial entities although they may have real estate
Classification of Movables
1. consumable – cannot be utilized w/o being consumed
2. non-consumable
Classification of Property (according to ownership):
1. Public dominion –
intended for public use
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intended for public service of state, provinces, cities & municipalities
Characteristics:
outside the commerce of men – cannot be alienated or leased
cannot be acquired by private individual through prescription
not subject to attachment & execution
cannot be burdened by voluntary easement
2. Private Ownership –
patrimonial property of state, provinces, cities, municipalities
1. exist for attaining economic ends of state
2. property of public dominion when no longer intended for public use/service – declared patrimonial
property belonging to private persons – individually or collectively
Title II – OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL
· Definitions of Ownership
Independent and general right of a person to control a thing particularly in his possession, enjoyment,
disposition, and recovery, subject to no restrictions except those imposed by the state or private persons,
without prejudice to the provisions of the law.
Power of a person over a thing for purposes recognized by law & within the limits established by law
Attributes:
1. Jus possidendi – right to possess
2. Jus utendi – right to enjoy
3. Jus fruendi – right to fruits
4. Jus abutendi – right to use and abuse
5. Jus disponendi – right to dispose
6. Jus vindicandi – right to exclude others from possession of the thing
Actions for possession:
2. immovable –
forcible entry – used by person deprived of possession through violence, intimidation (physical possession, 1 year
unlawful deprivation)
unlawful detainer – used by lessor/person having legal right over property when lessee/person withholding
property refuses to surrender possession of property after expiration of lease/right to hold property (physical
possession, 1 year from unlawful deprivation)
accion publiciana – plenary action to recover possession
accion reinvindicatoria – recovery of dominion of property as owner
7. Principle of self help – self defense
Elements:
2
Available only when possession has not yet been lost, if already lost – resort to judicial process
May be exercised by 3rd person – negotiorum gestio
8. Right to enclose or fence w/o detriment to servitude constituted
9. Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment)
10. Right to hidden treasure found in own property
hidden and unknown movables w/c consist of money or precious objects
owner is unknown
by chance – if property owner is state – ½ belongs to finder; also if in another’s property; the finder must not be
trespasser
Limitation on Ownership
1. general limitations for the benefit of the state (eminent domain, police power, taxation)
2. specific limitations imposed by law (servitude, easements)
3. specific limitations imposed by party transmitting ownership (will, contract)
4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges)
5. inherent limitations arising from conflicts with other similar rights (contiguity of property)
6. owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors)
7. acts in state of necessity – law permits injury or destruction of things owned by another provided this is
necessary to avert a greater danger (with right to indemnity – vs. principle of unjust enrichment)
8. true owner must resort to judicial process – when thing is in possession of another; law creates a disputable
presumption of ownership to those in actual possession
identify property
show that he has better title
Obligation of owners:
Immovables – accretion
1. Alluvion – owner of lands adjoining banks of river belongs the accretion gradually received from effects of the
water’s current
Requisites:
1. deposit is gradual & imperceptible
2. made through effects of current of water
3. land where accretion takes place is adjacent to banks of river
Rights of riparian owner
2. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters
Rights of riparian owner
Right to portion of land transferred if not claimed by owner within 2 years (prescription)
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Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary
expenses for gathering them & putting them in safe place
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b) Movables
1. Conjunction / adjunction – 2 movable things which belong to different owners are united to form a single object
Test to determine w/c one is the principal:
1. that to w/c the other intended to be united as ornament or for its use of perfection
2. value
3. volume
Rights:
1. If both are in good faith – owner of principal acquired the accessory with indemnification
2. If both are in good faith – may separate them if no injury will be caused; if value of accessory is greater than
principal, owner of accessory may demand separation even if damages will be caused to the principal (expenses
to be borne by one who caused the conjunction)
3. If owner of accessory is in bad faith – owner of accessory with damages to principal
4. If owner of principal is in bad faith – owner of accessory shall have option of principal paying value of accessory
or removal of accessory despite destruction of principal
5. Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent – may demand that a
thing equal is kind, value and price
2. Specification – One employs the materials of another in whole or in part on order to make a thing of a different
kind; transformation
Rights:
1. If person who made the transformation is in good faith – he shall appropriate the thing transformed as his own
with indemnity to owner of material for its value
2. If material is more precious than transformed thing – owner of material may appropriate the new thing to
himself after indemnity paid to labor or demand indemnity for materials
3. If person who made the transformation is in bad faith, owner of material shall appropriate the work to himself
w/o paying maker or demand indemnity for value of materials & damages
4. If transformed thing is more valuable than material, owner of material cannot appropriate
3. Commixtion / confusion – 2 things of the same or different kinds are mixed & are not separable w/o injury
Rights:
1. If both owners are in good faith – Each owner shall acquire a right proportional to the part belonging to him (vis-
a-vis the value of the things mixed or confused)
2. If one owner is in bad faith – he shall lose the thing belonging to him plus indemnity for damages caused to
owner of other thing mixed with his thing
3. If both in bad faith no cause of action against each other
Chapter 3: QUIETING OF TITLE
Reasons:
1. prevent litigation
2. protect true title & possession
3. real interest of both parties which requires that precise state of title be known
Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally
declares that defendant’s claim is w/o foundation
when proper:
1. contract has been extinguished or terminated
2. contract has prescribed
3. remove cloud
Action to remove cloud
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intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on
plaintiff’s title which may be used to injure or vex him in the enjoyment of his title
Cloud – any instrument which is inoperative but has semblance of title
Requisites:
1. Plaintiff must have legal or equitable interest
2. Need not be in possession of property
3. Return to defendant all benefits received – he who wants justice must do justice
Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING
Liability for damages:
1. collapse – engineer, architect or contractor
2. collapse resulting from total or partial damage; no repair made – owner; state may compel him to demolish or
make necessary work to prevent if from falling
3. if no action – done by government at expense of owner
Title III – CO-OWNERSHIP
Co-ownership
plurality of subjects – many owners
unity of material (indivision) of object of ownership
recognition of ideal shares
Causes/Sources:
1. law
2. contracts
3. succession
4. fortuitous event/chance – commixtion
5. occupancy – 2 persons catch a wild animal
Distinguished from partnership
partnership created only by agreement; co-ownership has many sources
purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing
in partnership there is juridical personality distinct from individuals, none in co-ownership
partnership can be created for more than 10 years, not in co-ownership
partners cannot transfer rights w/o consent of other co-partners, not co-ownership
partnership extinguished when partner dies, not in co-ownership
distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but depends on ideal
share/interest
Rights of co-owners
1. Right to benefits proportional to respective interest; stipulation to contrary is void
2. Right to use thing co-owned
1. for purpose for which it is intended
2. without prejudice to interest of ownership
3. without preventing other co-owners from making use thereof
3. Right to change purpose of co-ownership by agreement
4. Right to bring action in ejectment in behalf of other co-owner
5. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes
6. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the
pro-indiviso interest; but can’t be made if prejudicial to co-ownership
7. Right to make repairs for preservation of things can be made at will of one co-owner; receive reimbursement
therefrom; notice of necessity of such repairs must be given to co-owners, if practicable
8. Right to full ownership of his part and fruits
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9. Right to alienate, assign or mortgage own part; except personal rights like right to use and habitation
10. Right to ask for partition anytime
11. Right of pre-emption
12. Right of redemption
13. Right to be adjudicated thing (subject to right of others to be indemnified)
14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one
of them
Duties/Liabilities
1. Share in charges proportional to respective interest; stipulation to contrary is void
2. Pay necessary expenses and taxes – may be exercised by only one co-owner
3. Pay useful and luxurious expenses – if determined by majority
4. Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if non-consent is
manifestly prejudicial
5. Duty to obtain consent of majority with regards to administration and better enjoyment of the thing; controlling
interest; court intervention if prejudicial – appointment of administrator
6. No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites for acquisition
through prescription
1. he has repudiated through unequivocal acts
2. such act of repudiation is made known to other co-owners
3. evidence must be clear and convincing
1. Co-owners cannot ask for physical division if it would render thing unserviceable; but can terminate co-
ownership
2. After partition, duty to render mutual accounting of benefits and reimbursements for expenses
3. Every co-owner liable for defects of title and quality of portion assigned to each of the co-owner
Rights of 3rd parties
1. creditors of assignees may take part in division and object if being effected without their concurrence, but
cannot impugn unless there is fraud or made notwithstanding their formal opposition
2. non-intervenors – retain rights of mortgage and servitude and other real rights and personal rights belonging to
them before partition was made.
Title V – POSSESSION
Possession – holding of a thing or enjoyment of a right
1. occupancy – actual or constructive (corpus)
2. intent to possess (animus)
How acquired:
1. material occupation – possession as a fact
1. physical
2. constructive – tradicion brevi manu (one who possess a thing short of title of owner – lease );
tradicion constitutum possesorium (owner alienates thing but continues to possess – depositary, pledgee, tenant)
cannot be recognized at the same time in 2 different personalities except co-possession
question arise regarding fact of possession
1. present possessor preferred
2. 2 possessors – one longer in possession
3. dates of possession the same – one who presents a title
4. both have titles – judicial resolution
1. subject to action of our will- possession as a right
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1. tradicion simbolica – delivering object or symbol of placing thing under control of transferee (keys)
2. tradicion longa manu – pointing out to transferee the things which are being transferred
1. proper acts and legal formalities established for acquiring rights – donation, sale
What can be subject of possession – things or rights which are susceptible of being appropriated
Degrees of possession:
1. holding w/o title and in violation of right of owner
2. possession with juridical title but not that of owner
3. possession with just title but not from true owner
4. possession with just title from true owner
Classes of ownership:
1. in concept of owner – owner himself or adverse possessor
Effects:
may acquire material possession but not right to possession; may only acquire them through guardian or legal
representatives
Acquisition
1. cannot be acquired through force or intimidation when a possessor objects thereto – resort to courts
2. the following do not affect acts of possession ( not deemed abandonment of rights ); possession not interrupted
1. acts merely tolerated
2. clandestine and unknown acts
3. acts of violence
Rights of possessor:
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1. Right to be respected in his possession; if disturbed – protected by means established by law; spoliation
2. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription
1. Possession has to be in concept of owner, public, peaceful and uninterrupted
2. Title short of ownership
3. Person in concept of owner has in his favor the legal presumption of just title (prima facie)
4. Possession of real property presumes that movables are included
5. Co-possessors deemed to have exclusively possessed part which may be allotted to him; interruption in whole or
in part shall be to the prejudice of all
6. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial
– gathered or severed; civil – accrue daily )
7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or
industrial fruits ( proportionate to time of possession ); owner has option to require possessor to finish
cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses; if possessor in
good faith refuses – barred from indemnification in other manner
8. Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith; Possessor in
good faith has right of retention over thing unless necessary expenses paid by owner
9. Possessor in good faith has right to be reimbursed for useful expenses with right of retention; owner has option
of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses
10. Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless owner
exercises option of paying; possessor in bad faith not entitled.
11. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove
them provided principal is not injured – provided owner does not refund the amount expended
12. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering
possession
13. Wild animals possessed while in one’s control; domesticated – possessed if they retain habit of returning back
home
14. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption
Liabilities/duties of Possessor
1. Return of fruits if in bad faith – fruits legitimate possessor could have received
2. Bear cost of litigation
3. Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
5. Person who recovers possession not obliged to pay for improvements which have ceased to exist at time of
occupation
Loss of possession:
1. abandonment of the thing – renunciation of right; intent to lose the thing
2. assignment made to another by onerous or gratuitous title
3. destruction or total loss of the thing or thing went out of commerce
4. possession of another if new possession lasted longer that 1 year ( possession as a fact); real right of possession
not lost except after 10 years
Not lost:
1. Unlawfully deprived or lost
2. Acquired at public sale in good faith – with reimbursement
3. Provision of law enabling the apparent owner to dispose as if he is owner
4. Sale under order of the court
5. Purchases made at merchant stores, fairs or markets
6. Negotiable document of title
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1. Even for time being he may not know their whereabouts, possession of movable is not deemed lost
2. When agent encumbered property without express authority – except when ratified
3. Possession may still be recovered:
Possession is equivalent to title
1. possession is in good faith
2. owner has voluntarily parted with the possession of the thing
1. possessor is in concept of an owner
Title VI – USUFRUCT
Usufruct – right to enjoy another’s property with correlative duty of preserving its form and substance
1. things – movable/immovable
2. rights – provided it is not strictly personal
Kinds:
1. legal – parents over children
2. voluntary – contracts, wills
3. mixed – prescription
4. total
5. partial
6. simultaneous
7. successive
8. pure
9. conditional
10. With a term
Rights of usufructuary:
1. Right to civil, natural & industrial fruits of property
2. Right to hidden treasure as stranger
3. Right to transfer usufructuary rights – gratuitous or onerous; but is co-terminus with term of usufruct; fruits
proportionate at duration of usufruct; but can’t do acts of ownership such as alienation or conveyance except
when property is:
4. consumable
5. intended for sale
6. appraised when delivered; if not appraised & consumable – return same quality (mutuum)
7. Right not exempt from execution and can be sold at public auction by owner
8. Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of ownership –bring
action to preserve
9. Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct belongs to owner
10. Right to necessary expenses from cultivation at end of usufruct
11. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
12. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged
to plant anew
13. Right of usufructuary of woodland – ordinary cutting as owner does habitually or custom of place; cannot cut
down trees unless it is for the restoration of improvement of things in usufruct – must notify owner first
14. Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner should clear &
remove them – if caused by calamity or extraordinary event – impossible to replace them
15. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or
real right
16. Right to necessary expenses
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17. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner; may
remove improvement if can be done w/o damage
18. Right to set-off improvements against damages he made against the property
19. Right to administer when property is co-owned; if co-ownership cease – usufruct of part allotted to co-owner
belongs to usufructuary – not affected
20. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent
& necessary for preservation of thing
Rights of naked owner
1. Alienate thing
2. Can’t alter form or substance
3. Can’t do anything prejudicial to usufructuary
4. Construct any works Y make any improvement provided it does not diminish value or usufruct or prejudice right
of usufructuary
Obligations of usufructuary:
1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to fruits
should reimburse expenses incurred
2. Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to return in that
state; except when there is fraud or negligence, then he shall be liable
3. Before entering into usufructuary::
Notice of inventory of property (appraisal of movables & description)
Posting of security
1. not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
2. excused – allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:
1. immovables be placed under administration
2. NI can be converted into registered certificates or deposited in bank
3. Capital & proceeds of sale of movables be invested in safe securities
4. Interest on proceeds or property under admin belong to usufructuary
5. Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives
sufficient security
6. Effect of security is retroactive to day he is entitled to fruits
kinds of animals:
wild – considered res nullius when not yet captured; when captured
& escaped – become res nullius again
domesticated animals – originally wild but have been captured & tamed; now belong to their capturer; has habit
of returning to premises of owner; becomes res nullius if they lose that habit of returning & regain their original
state of freedom
domestic/tame animals – born & ordinarily raised under the care of people; become res nulliuswhen abandoned
by owner
hidden treasure (only when found on things not belonging to anyone)
abandoned movables
Animals:
a) Swarm of bees
owner shall have right to pursue them to another’s land (owner to identify latter for damages, if any)
land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
Domesticated animals
may be redeemed within 20 days from occupation of another person; if no redemption made, they shall
pertain to the one who caught them
Pigeons & fish
when they go to another breeding place, they shall be owned by the new owner provided they are not
enticed
Movables:
consist of (1) money, precious objects & 2) hidden & owner is unknown
finding must be by chance in order that stranger may be entitled to ½ of the treasure
Movable found w/c is not treasure
must be returned to owner
if finder retains the thing found – may be charged with theft
if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks in way he deems
best
of owner does not appear 6 months after publication, thing found shall be awarded to finder
if owner appears, he is obliged to pay 1/10 of value of property to finder as price
if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8
days after the publication
What cannot be acquired by occupation
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but when a property is private and it is abandoned – can be object of occupation
PRESCRIPTION – mode by which one acquires ownership and other real rights thru lapse of time; also a means by
which one loses ownership, rights & actions; retroactive from the moment period began to run
Kinds:
1. Acquisitive
1. Extinctive
Who may acquire by prescription:
1. person who are capable of acquiring property by other legal modes
2. STATE
3. minors – through guardians of personally
Against whom prescription run:
1. minors & incapacitated person who have guardians
2. absentees who have administrators
3. persons living abroad who have administrators
4. juridical persons except the state with regards to property not patrimonial in character
5. between husbands & wife
6. between parents & children (during minority/insanity)
7. between guardian & ward (during guardianship)
8. between co-heirs/co-owners
9. between owner of property & person in possession of property in concept of holder
Things subject to prescription: all things within the commerce of men
1. private property
2. patrimonial property of the state
Things not subject to prescription:
1. public domain
2. in transmissible rights
3. movables possessed through a crime
4. registered land
Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in
the future
may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply
abandonment of right acquired
creditors & persons interested in making prescription effective may avail themselves notwithstanding express or
tacit renunciation
PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS
Kinds of Acquisitive prescription
1. ordinary
2. extra-ordinary
Requisites for ordinary prescription:
1. possession in good faith
2. just title
3. within time fixed by law
4 years for movables
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8 years for immovables
4. in concept of an owner
5. public, peaceful, uninterrupted
Requisites for extra-ordinary prescription:
1. just title is proved
2. within time fixed by law
10 years for movables
30 years for immovables
3. in concept of an owner
4. public, peaceful, uninterrupted
GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly transmit ownership
Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID) – must be proved & never presumed
Titulo Colorado –
Titulo putativo –
title must be one which would have been sufficient to transfer ownership if grantor had been the owner
through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit
ownership
IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the owner
claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED
Must be known to the owner of the thing
Acquired & maintained w/o violence
Uninterrupted (no act of deprivation by others) in the enjoyment of property
INTERRUPTION
Natural
through any cause, possession ceases for more than 1 year
if 1 year of less – as if no interruption
civil
produced by judicial summons; except
1. void for lack of legal solemnities
2. plaintiff desist from complaint/allow proceedings to lapse
3. possessor is absolved from complaint
express or tacit renunciation
possession in wartime
RULES IN COMPUTATION OF PERIOD:
1. Present possessor may tack his possession to that of his grantor or predecessor in interest
2. Present possessor presumed to be in continuous possession I intervening time unless contrary is proved
3. First day excluded, last day included
TACKING PERIOD
there must be privity between previous & present possessor
possible when there is succession of rights
if character of possession different:
predecessor in bad faith possessor in good faith – use extraordinary prescription
PRESCRIPTION OF ACTIONS
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By lapse of time fixed by law
30 years
action over immovables from time possession is lost
10 years
mortgage action
upon written contract
upon obligation created by law
upon a judgement
8 years
action to recover movables from time possession is lost
6 years
upon an oral contract
upon a quasi-contract
5 years
actions where periods are not fixed by law
4 years
upon injury to rights of plaintiff
upon a quasi-delict
1 year
for forcible entry & detainer
for defamation
Rights not extinguished by prescription:
1. demand right of way
2. abate public /private nuisance
3. declare contract void
4. recover property subject to expressed trust
5. probate of a will
6. quiet title
Characteristics of DONATION:
Unilateral – obligation imposed on the donor
Consensual – perfected at time donor knows of acceptance
Requisites of Donation:
1. Reduction in patrimony of donor
2. Increase in patrimony of donee
3. Intent to do act of liberality
4. Donor must be owner of property donated
Requirements of a donation:
1. subject matter – anything of value; present property & not future, must not impair legitime
2. causa – anything to support a consideration: generosity, charity, goodwill, past service, debt
3. capacity to donate & dispose & accept donation
4. form – depends on value of donation
Kinds of Donation according to Effectivity:
Donation Inter Vivos Donation Mortis Causa
Already pertains to the donee unless there is Even if there is a term of effectivity and
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a contrary intent effectivity is upon the death of the donor,
still entitled to fruits
immovable – must be in a public instrument & acceptance must also be in a public instrument (in same
instrument or in other instrument)
In case of doubt with regards to nature of donation: inter vivos
Badges of mortis causa:
1. Title remains with donor (full or naked ownership)& conveyed only upon death
2. Donor can revoked ad mutuum
3. Transfer is void if transferor survives transfer
Kinds of donation INTER VIVOS
pure/simple
remuneratory
conditional
onerous
Pure/Simple Remuneratory Conditional Onerous
a) Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past services provided they do not constitute
demandable debtValuable consideration is imposed but value is less than value of thing donatedValuable
consideration givenb) law to apply/ forms
imposed>oblicon
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable
1. natural & juridical persons w/c are not especially disqualified by law
a) by themselves
REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or descendants at time of donation:
1. If donor should have legitimate, legitimated or illegitimate children
2. If child came out to be alive & not dead contrary to belief of donor
3. If donor subsequently adopts a minor child
Action for revocation based on failure to comply with condition in case of conditional donations
Action for revocation by reason of ingratitude
1. Donee commits offense against person, honor, property of donor, spouse, children under his parental
authority
2. Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he should prove it
unless act/crime has been committed against donee himself, spouse or children under his parental authority
3. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor
NON-FULFILLMENT OF
BIRTH OF CHILD CONDITION INGRATITUDE
decision is merely
declaratoryneeds court actionneeds court actionExtent: portion which may impair legitime of heirsExtent: whole
portion but court may rule partial revocation onlyExtent: Whole portion returnedProperty must be
returnedProperty in excessProperty to be returned
Alienation/mortgages done
prior to recording in
Register of Deeds:
If mortgaged – donor may redeem the mortgage with right to recover from doneeAlienations/mortgages imposed
are void unless registered with Register of DeedsPrior ones are void; demand value of property when alienated
and can’t be recovered or redeemed from 3rd personsFruits to be returned at filing of action for revocationFruits
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to be returned at filing of complainant Prescription of action is 4 years from birth, etc.Prescription is 4 years
from non-fulfilmentPrescription is 1 year from knowledge of fact and it was possible for him to bring actionAction
cannot be renouncedAction cannot be renounced in advance Right of action transmitted to heirsRight of action at
instance of donor but may be transmitted to heirsHeirs can’t file actionAction extends to donee’s heirsAction
does not extend to donee’s heirs
Exception to rule on intransmissibility of action with regards to revocation due to ingratitude:
donor has instituted proceedings but dies before bringing civil action for revocation
donor already instituted civil action but died, heirs can substitute
donee killed donor or his ingratitude caused the death of the donor
donor died w/o having known the ingratitude done
criminal action filed but abated by death
1. personal to the donor; general rule is heir cannot institute if donor did not institute
2. heirs can only file in the ff cases:
1. can only make heirs of donee liable if complaint was already filed when donee died
Inofficious donations:
1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have right to legitimate at time of donation
3. donees/creditors of deceased donor cannot ask for reduction of donation
4. if there are 2 or more donation: recent ones shall be suppressed
5. if 2 or more donation at same time – treated equally & reduction is pro rata but donor may impose preference
which must be expressly stated in donation
Source:
Civil Law (Property) Memory Aid
Ateneo Central Bar Operations 2001
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