1 Paternity and Filiations Paternity and Filiations are two concepts that go together.

However, they do not mean the same thing. Paternity refers to the relation of parents with respect to their children. Filiations refer to the relation of children with respect to their parents. It is under the concept of filiations where one speaks of legitimate, illegitimate and legitimated children. There is no such thing as legitimate and illegitimate parents. 2 types of filiations: 1. filiations by nature – there is a blood relation. Filiations by nature may be legitimate and illegitimate. 2. filiations by fiction of law – there may be no blood relation. Filiations by fiction of law are created by adoption. Types of Children: 1. Legitimate children a.) children who are conceived or born during a valid marriage b.) children who are born out of artificial insemination Requisites: i. donor may be the husband, a third party, or a mixture of both ii. consent of both husband and wife must be in writing iii. consent must be given before the birth of the child If the requisites for artificial insemination are not complied with, the child shall be considered as illegitimate, notwithstanding the fact that the child was conceived or born during the subsistence of a valid marriage. For purposes of determining filiations, the time when conception occurred would matter when the child is posthumous. To determine the time of conception, count 300 days backwards from the date of birth, and then count 3 months forward. For marriages which were annulled, the children shall be considered legitimate if they were conceived or born before the judicial decree of annulment was issued. For void marriages, the general rule is that the children born thereof are considered as illegitimate. The exceptions are when the marriage is declared null and void on the ground of psychological incapacity under Article 36, or for failure to liquidate the conjugal properties and distribute the presumptive legitimes to the children under Article 52. 2. Illegitimate children are those conceived and born outside of the marriage. 3. Legitimated children, like illegitimate children, are conceived and born outside of the marriage. At the time of the conception of the child, the parents were not disqualified by any impediment to marry each other. The marriage of the parents is the act which legitimizes the status of the child, and such retroacts to their date of birth. Upon legitimation, entries in the birth certificate shall be changed to reflect the legitimation of the child.

2 Rules governing the status of a child if the mother contracted a subsequent marriage: 1. If the child is born within 180 days from the celebration of the second marriage, and within 300 days from the termination of the first marriage – the child is that of the first marriage 2. If the child is born after 180 from the second marriage – the child is that of the second marriage The rules are subject to proof to the contrary. Termination of the first marriage – refers to termination by: 1. death 2. nullity – but a different rule governs, since the child is considered illegitimate. Article 168 covers legitimate children of either the first or second marriage. 3. annulment Actions involving filiations: 1. to impugn legitimate status • applies when the child is born legitimate (conceived or born during a valid marriage) • does not apply if the child is born illegitimate (conceived and born outside a valid marriage) • there is no such thing as an action to impugn an illegitimate status Who can file an action to impugn the legitimate status of the child and what are the periods for filing the action? As a general rule, only the husband can file the action to impugn the legitimate status of a child. The prescriptive periods to file action to impugn legitimate status: a.) if residing in the municipality or city where the child was born – 1 year from knowledge of birth or recording b.) if residing in the Philippines – 2 years from knowledge of birth or recording c.) if residing abroad – 3 years from knowledge of birth or recording d.) for concealed or unknown birth – 1, 2, or 3 years counted from the knowledge of the birth of the child or from its recording, whichever is earlier In actions to impugn filiation, the recording of the birth does not give rise to constructive knowledge on the part of the father. There must be actual knowledge of the birth or recording before the periods start to run. An exception to the general rule would be the heirs of the husband (other legitimate children, parents, brothers and sisters), who may file the action in the following cases: a.) husband dies before the expiration of the period – the heirs have the remaining period to file the action b.) posthumous birth of the child – 1, 2, or 3 years from the knowledge of the birth or recording c.) husband dies and the heirs continue the action filed by the husband

3 The wife cannot bring an action to impugn the legitimacy of the child, even if she is sentenced as an adulteress. An exception would be in case of artificial insemination where the consent of the wife was obtained through fraud, violence, mistake, intimidation or undue influence. A child who is born legitimate cannot bring an action to impugn his legitimacy (Liyao v. Liyao). When a child is born to a married woman, the child is deemed to be a legitimate child of the marriage. The child cannot claim illegitimate status as against his or her biological father without impugning his legitimate status, for a child cannot have two status under the law. The only person who can impugn the legitimate status of the child is the husband of the child’s mother. Grounds to impugn legitimacy: a.) physical impossibility of access • does not refer to actual contact, only to physical impossibility of access • if there is a showing that access was possible, the action will fail • the enumeration of the Family Code is not exclusive • examples are: impotency living separately serious illness b.) biological or scientific reasons • Blood Grouping Test – conclusive as to non-paternity • D. N. A. Test – acceptance of the test has not yet been ruled upon by the Supreme Court c.) mistake, fraud, violence, intimidation, or undue influence in obtaining consent for artificial insemination 2. to claim legitimate or illegitimate filiation When can an action to claim legitimate filiation be brought? It can be brought only when a child is born without any status as when: a.) the child is born after 300 days following the termination of the marriage of his parents b.) the child is born following the celebration of the second marriage of the parents Other than the two scenarios, there is no other way of applying the provisions on actions to claim legitimate filiation. Who can bring the action to claim legitimacy or illegitimacy? Legitimacy

4 • • • General Rule: the child – during his lifetime, regardless of whether the father is still alive or not. Purpose: succession and surname Exception: the heirs of the child – in case the child dies during minority, or dies during insanity, within five years counted from the death of the child.

Illegitimacy • The child – (1) during his lifetime, if he is presenting primary evidence; (2) during the lifetime of the child and his parents, if he is presenting secondary evidence. • There is no exception to this rule. The heirs of the child cannot bring the action. The reference to Article 173 is only as to the period to bring the action. Under the Civil Code, minors have until four years from attaining the age of majority to bring an action to claim illegitimate status. The rule applies when the child was born during the effectivity of the Civil Code and was still a minor upon the effectivity of the Family Code. (Bernabe v. Alejo) Evidence to prove filiation, whether legitimate or illegitimate status 1. primary evidence - record of birth appearing in the civil register, a final judgment, an admission of legitimate filiation in a public instrument or a private handwritten instrument and signed by the parent concerned Record of birth • appears in the civil registry • only prima facie evidence of filiation, not conclusive evidence of filiation • in the absence of contrary evidence, it becomes conclusive Birth certificate • primary evidence of record of birth and of filiation of the child • public record Final judgment • deals with filiation of the child • occurs when the filiation of the child is dealt with as a collateral issue in the court proceeding • the principle of res judicata applies • filiation can be collaterally attacked Admission of the parents • in a public instrument or in a private handwritten instrument • similar to attested or holographic wills

5 • the signature of the father in the birth certificate is deemed an admission of filiation

Baptismal certificate • evidence of the administration of the sacrament of baptism • not considered as evidence of birth • not in the same degree of evidence as birth certificates 2. Secondary evidence – open and continuous possession of the status of a legitimate or illegitimate child, or other means allowed by the Rules of Court and special laws. • the plaintiff must show to court why primary evidence cannot be presented Open and continuous possession of the status of a child, whether legitimate or illegitimate • open means it must not be clandestine in character • continuous means consistency; there must be no denial in any point in time • spontaneity means it must come directly from the alleged father Pictures alone do not establish filiation. Such evidence must be supported by other pieces of evidence. Other means allowed by the Rules of Court and Special laws Rules of Court: a. acts and declarations involving pedigree • from somebody already dead or out of the country • present something which the person, who is unable to testify, did while still alive or in the country which would relate him to the person filing the action b. family tradition c. common reputation – considered as the weakest of the types of evidence Impugning legitimation of a child Parties: those who are prejudiced in their rights (this involves only the heirs, and excludes economic creditors) Time: five years from accrual of the cause of action – from the time of the death of the parents. Grounds: a. not a natural child b. the child is not a child of both the husband and the wife c. invalidity of the marriage

In this case. or the spouse of the adoptee’s parent No conviction of a crime involving moral turpitude Financially. not for the benefit of the parents grants reciprocal rights to the parents and child the adopters must be financially capacitated to support the adoptee and his children. the Domestic Adoption Act. and must be fit There are two laws which govern adoption. Qualifications of the adopter: Domestic Adoption Act Residency: Filipino citizen Resident Alien (resident for 3 years) Except: 1. emotionally. psychologically capable of caring for the child Good moral character At least 18 years of age For aliens – country of his own nationality confers reciprocal rights to the adoptee Inter-Country Adoption Act Residency: Non-resident alien Filipino citizen permanently residing in a foreign country 16 years older than the adoptee. alien is the spouse of a Filipino citizen who seeks to jointly adopt with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse 2. one who seeks to adopt the legitimate son or daughter of his or her Filipino spouse 16 years older than the adoptee. unless the adopter is the biological parent of the adoptee. unless the adopter is the biological parent of the adoptee. emotionally. Adoption Adoption • • • • a judicial process that grants legitimate status to a child who may or may not be related to the person adopting the process is for the benefit of the child. former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity 3. legitimation is deemed not completed. psychologically capable of caring for the child Good moral character At least 27 years of age Diplomatic relations with the Philippines . any can question the validity of the marriage if he has property rights involved.6 If the marriage is void. or the spouse of the adoptee’s parent No conviction of a crime involving moral turpitude Financially. and the Inter-Country Adoption Act.

In Domestic Adoption Act. The exceptions are: . Can the parents by nature stop an adoption proceeding? Yes. the child adopted – if 10 years old or over c. • Consent: a. and 10 years old or over e. For Inter-Country Adoption Act. except: a. If no one will adopt the child under the Domestic Adoption Act. etc. Procedure for institution of judicial proceedings for adoption: • present qualification for adoption • trial custody period – period of assimilation. 2 years of age. he will then be matched for adoption under the Inter-Country Adoption Act. In Inter-Country Adoption Act. the person adopts his illegitimate child to improve the child’s status c. In both the Domestic and Inter-Country Adoption Act. For inter-country adoption. whether the child will fit in a certain family and environment. illegitimate children of the adopter – if living with the adopter.7 Under the law. preference is given to domestic adoption. it is the child placement agency or the Department of Social Welfare and Development that institutes the judicial proceedings for inter-country adoption. except in the case of adoption of relatives. they will be protected and adoption will not be considered. the person adopts the legitimate child of his spouse b. the spouses are legally separated from each other Is it possible to adopt a married person? Generally. the adopters cannot identify a specific child to be adopted. If the biological parents can still perform their obligations. the adoptee is a Filipino child. The law requires that the prospective adoptee is below 18 (domestic adoption) or 15 (inter-country adoption) years of age. the child shall be sent to the foreign country. the adopters can provide for a general criterion such as male or female. legitimate children of the adopter – if 10 years old or over d. However. it is the prospective adopters that institute the adoption proceedings. spouses of both adopter and adoptee A married person should jointly adopt with his or her spouse. no. biological parents if the child is legitimate – consent of both parents if the child is illegitimate – consent of both parents. if known b.

8 a. provide for an environment conducive to growing up e. only the adoptee is allowed to rescind the adoption c. obligation for obedience and respect c. prior to adoption. sexual assault or violence 4. adoption of the legitimate child of one’s spouse Rules for rescission of adoption: a. said person has been considered and treated by the adopters as his or her own child b. authority to discipline. illegitimate children – mother 3. to grant permission to go out b. attempt on the life of the adoptee 3. custody d. act in unison) • father’s decision prevails in case of conflict • mother cannot go to court to reverse the father’s decision unless there is a legal ground to do so 2. adoption of one’s own illegitimate child c. the person is of legal age and. abandoned children or foundlings . adoption is artificial and can be rescinded even if the adoptee is no longer a child b. supervision. the adopter cannot rescind the adoption but can only disinherit the adoptee Grounds to rescind adoption: 1.orphanages During the trial custody period. responsibility and liability for damages caused by minor children under parental authority – defense is the exercise of due diligence Persons involved: 1. legitimate or legitmated children – father and mother (joint. the adopting parents have temporary parental authority over the prospective adoptee Substitute parental authority . abandonment and failure to comply with parental obligations Parental Authority Parental authority • sum total of all the rights and obligations of parents over their unemancipated children • subsists during the minority of the child • covers the following: a. guidance. repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling 2. adopted children – adopter 4.

if there are still earnings. inless unfit or disqualified c. schools. actual custodian. unless unfit or disqualified – can be the child’s yaya Court proceedings are unnecessary. absentees. institutions engaged in child case • special parental authority is only with respect to minors • special parental authority extends to activities in or out of school premises • principally and solidarily liable for damages caused by the minors under their special parental authority • defense of exercise of due diligence may be raised • liability of the school cannot be waived by the parents of the minor • in default of the administrators. the parents are subsidiarily liable Parental authority over property • no substitute or special authority – subject to guardianship proceedings • covers legal guardianship over properties while the children are still minors • can exercise only acts of administration. its administrators and teachers b. principal • exclusively for the support and the education of the child who is the owner • cannot be used for family expenses 2. for the collective needs of the family • . or courts have suspended or deprived parental authority) • order: a. oldest brother or sister. Special parental authority • concurrent with parental authority • persons covered: a. grandparents – no preference in the lines b.000 or above. over 21 years of age. teachers and the school. fruits • primarily for the support of the child • secondarily. unless there is a conflict in the exercise of substitute parental authority. must ask for court appointment in a summary proceeding and post a bond not less than 10% of the value of the property or annual income Use of property owned by minors: 1. not ownership • if the property is below P50. can exercise acts of administration • if the property is P50.000 (based on market value or annual income). at least 21 years of age.9 in default of parents (both are dead.

parents and their illegitimate children. legitimate brothers and sisters. resources of the giver 2. and the legitimate and illegitimate children of the latter 4. the entire proceeds that the principal property earns. clothing Persons obliged to support each other: 1. Support Support • • not only between parents and children subsists even after minority 2 factors to consider in giving support: 1. legitimate ascendants and descendants 3. illegitimate brothers and sisters. or 2. medical attendance i. Once a person reaches the age of 18 years. which will not be deducted from their legitime Court appointment is necessary if one seeks to be a guardian over the property of minors. spouses 2. parental authority ceases. Legal support (mandatory) • given in accordance with the financial resources of the family and the needs of the recipient • covers: f. whether full or half blood 6. transportation k. needs of the recipient There must be a balance of the two factors. The law does not set any preference as to who should be appointed guardian over the property of minors. and the legitimate and illegitimate children of the latter 5. dwelling h. income equal to what would be paid if a stranger managed the business. they are to be paid with: 1. sustenance – food and sustenance for living g.10 If the children are asked to manage the family business. education – those necessary for professional upliftment or vocational j. parents and their legitimate children. whether full or half blood .

support may be demandable from each of them. The amount of support received does not vary. In such a case. spouse – except if concurrent with children under parental authority 2. brothers and sisters If there are several people who are obliged to give support. unless there is a legal or moral obstacle to do so Priority of support: 1. and may be denied in accordance with the Rules of Court If an action for support is filed against the spouse. giving allowance b. maintaining in the dwelling the person entitled to support. So if: a. illegitimate brothers or sisters are minors – always entitled to support in all circumstances b. being of age. The exception is when the need for support of the brother or sister. ascendants of the nearest degree 4. illegitimate brothers or sisters are of age – not entitled to support if the need for support is through his or her own fault Right of spouses to receive support: a.11 In the enumeration above. abandonment or separation de facto b. spouses take priority in receiving support. descendants of the nearest degree 3. is due to a cause imputable to the claimant’s fault or negligence. the aggrieved spouse should file a case for legal separation and ask the court to deny support to the erring spouse. in case of annulment or nullity – no support b. Support may be given by: a. unless he or she raises as a defense: a. in which case the child will be given preference. except in case of conflict between a spouse and a child under parental authority. to the extent that it exceeds the legal . The legal obligation to give support is not subject to attachment and execution. For illegitimate brothers and sisters. legal separation – guilty spouse may be required by the court to support the innocent spouse c. support will be required of them. and they shall give support pro rata to their income. the spouse must give support. support pendente lite – shall be taken from the absolute or conjugal property. The contractual obligation to give support. What differs is the right to receive support in case of illegitimate brothers or sisters. unjustified refusal to live in the conjugal dwelling Infidelity is not a defense to deny support to a spouse.

to prevent possibilities of confusion in identity 2. The amount of legal support is relative. Emancipation Emancipation • occurs upon reaching the age of 18 years • capacitated for all acts of life Retroactivity of the Family Code Retroactivity • the Family Code expressly provides for retroactive effect • exception: if there are vested rights (rights concurrently enjoyed by the persons). 603. It may be increased or decreased. except if he can invoke the principle of rebus sic stantibus. or the Child and Youth Welfare Code.12 obligation. Funerals Corpses • • the corpse is not considered as a property the corpse is sacred. depending on the income of the giver and the needs of the recipient. and is not to be sold nor to be experimented Who has the right to make funeral arrangements? The legal family is preferred. the Family Code will not retroact Examples of non-retroactivity of provisions of the Family Code a. is subject to attachment and execution. Support under a will is also subject to attachment and execution. to prevent possibilities that it will be used to conceal the commission of crimes . adoption commenced before the Family Code Care and Education of Children The Civil Code provisions on Care and Education of Children have been repealed by Section 3 of Presidential Decree No. Surname The State has a legal interest in the name of a person for the following reasons: 1. The obligor must comply with his obligation under the contract. constitution of the Family homes b. It may not be increased or decreased. actions for recognition of illegitimate children c. The amount of contractual support is not relative.

legal causes for change (child is adopted. In both cases. legitimated) For legitimation. regardless of whether the child is recognized. causes laughter or embarrassment 2. legitimate children • use the surname of the father (obligation) • use the surname of the mother as middle name (optional) • some people are allowed to use the surname of their mother because they have been using it since childhood. one cannot change it thereafter since it will cause confusion. adopted • use the surname of the adopter • in case of joint adoption. maiden name and surname plus surname of the husband 3. or has filed an action for compulsory recognition as such 3. the court decrees an order for a change of name. Use of surname for women in case of termination of marriage by annulment or declaration of nullity: • the woman must revert to her maiden surname if she is the guilty spouse • if she is the innocent spouse. maiden name and surname 2. The parties must show cause if there is a need to change one’s name. only a change of surname is allowed. except: a. not required to use the surname of the husband 1. acknowledged. Use of surnames for children: 1. there is a need to get a court order for the change of surname. use the surname of the husband Use of surname for married women – optional. unless there is a court order authorizing its change. full name of the husband plus attach the prefix “Mrs. if there is a court order providing otherwise. or b. ridiculous name. Whatever is the legal name of a person is carried until his death. Rule 103 of the Rules of Court on Change of Name provides the following grounds for the change thereof: 1.13 The legal name of a person appears in the birth certificate. the wife or the husband remarries Use of surname for women in case of termination of marriage by death: . maiden name plus surname of the husband 4. and to change it would create more confusion 2. extremely difficult to pronounce or to spell 3. she can still maintain the surname of her husband.” Once the option has been exercised. For adoption. illegitimate children • use the surname of the mother.

A person can file an action to prevent the use of a screen name if the use thereof is prejudicial to him. or power of attorney was left • the appointment of the administrator is for the management of the assets 3rd stage • declaration of “presumptive death” • court proceeding is not necessary. or 3. (Tolentino v. or power of attorney was left • 5 years – if an administrator. add Roman numerals Screen names can be used without need of court approval. Stages: 1st stage • provisional absence • no administrator appointed yet • legal representatives may be appointed • appointment of legal representatives ad hoc – for 1 specific transaction as the need arises 2nd stage • declaration of absence • 2 years – if no administrator. not screen names. the woman can revert to her maiden surname.14 1. CA) In case of identity of names and surnames: • use identifying names to prevent confusion • “Jr. the woman can use “Vda. De”. 2. use husband’s surname.” used for sons only • for grandsons and other direct male descendants: a. agent. except for remarriage Ordinary absence . use maiden surname. or 2. add a middle name or mother’s surname b. the woman can continue using the husband’s surname. as long as it is not for illegal purposes. The law requires the registration of aliases. Absence Absence occurs where it is not known whether a person is still alive or dead. agent. Use of surnames for women in case of divorce authorized by the Philippines during the Japanese occupation: 1.

immovable 2. and in an adversarial proceeding. prescription a. documentation requirements Types of immovable property under Article 415 (exclusive enumeration) 1. Property Property • • • there is no definition of Property under the Civil Code the Civil Code merely enumerates the kinds of immovable and movable property covers all things which are or may be the object of appropriation Classification: 1. 8 years if bad faith b. immovable – 10 years if good faith. 30 years if bad faith 2.15 • • • • • • ordinarily disappears and there is no danger to absentee’s life presumed dead from the time the period ends general rule – 7 years for all purposes except succession 10 years for purposes of succession 5 years if the absentee is over 75 years of age 4 years for purposes of remarriage Extraordinary absence • 4 years in the following instances: a. person is in the armed forces. by nature . Entries in the civil registry or the birth certificate are prima facie evidence of what has been recorded. if it involves substantial changes. and he took part in the war c. ship is lost or airplane is missing. in other circumstances where there is danger to life • 2 years for purposes of remarriage • presumed dead from the time of disappearance Civil Registry The Civil Registry is the repository of all information from the time of birth until the time of death. if it involves non-substantial changes. Change of entries in birth certificates shall be made in a summary proceeding. movable – 4 years if good faith. and body is not found b. movable Reasons for the classification 1.

Sewing machines placed to meet the needs of the garment industry by the owner of the tenement are immovable property by destination. by law/analogy – paragraph 10 Ships are normally considered as movable properties. If the machinery is cemented to the floor. by incorporation • paragraphs 2. 3. 7. if it is attached to the land or forms an integral part of an immovable. Types of movable property 1. is it an immovable by incorporation or by destination? It is an immovable by incorporation because it cannot be removed without destroying the immovable to which it is attached. 8 2. If it is harvested or cut. such that it cannot be removed without destroying the immovable to which it is attached • ownership of the land to which the structure is attached in immaterial in classifying the property as immovable • can treat land and building differently if both are owned by different persons 3. Growing crops are immovable properties by incorporation. it becomes chattel. 9 • essentially movable but are immovable because of the purpose to which they are attached • determine: a. If the ship does not move and the owner intends not to move it. the ownership of the building or tenement and the property attached thereto Tom placed several machineries inside his garments factory. 4. like electricity 4. by destination • paragraphs 4. test of exclusion (not found under Article 415) 2.16 • paragraphs 1. 6 • the property is permanently adhered to the soil or another immovable. 6. it thereby becomes an immovable property. the specific purpose for which the property is placed b. What if Tom placed the machinery inside the factory and merely bolted it to the floor? Is it an immovable by incorporation or an immovable by destination? It is an immovable by destination. 4. growing crops are considered chattel. all things which can be transported from place to place without impairment of real property to which they are attached . real property which by any special provision of law is considered as personalty 3. 5. 5. forces of nature brought under the control of man. For purposes of the chattel mortgage law.

by analogy – examples of which are obligations and actions which have for their object movabels or demandable sums Differentiate fungible from consumable. However. Classification of property according to ownership 1. as the government exerts effort to reclaim the lands. If the property cannot be replaced. Reclaimed land cannot be used without permission. Consumable property depends on the nature of the property. patrimonial property – owned by the State in its private character 2. To sell properties for public service. Fungible property depends upon the intention of the owner. public use – indiscriminately used by the people or constituents who inhabit the place b. cannot be used without permission c. right to abuse d. right to possess b. The Executive makes such declaration. Ownership Ownership • a juridical relation by virtue of which a thing pertaining to one person is completely subjected to his will in everything not prohibited by public law or the concurrence with the rights of others • in relation to a specific property • right to use or possess certain property which may be appropriated Rights incidental to ownership 1.17 5. there must be a declaration that property for public service is no longer required for public service before it may be sold. It can only be leased through public bidding. Properties for public service can be sold to political subdivisions. a legislative act is required to sell it to private individuals. public dominion • owned by the Government • types of public dominion: a. public service – used by the State or political subdivision to render public service. It cannot be sold under the law. If the property cannot be used without consuming it. right to enjoy a. right to use c. private ownership • owned by private individuals or corporations Reclaimed land is owned by the government under the Regalian doctrine. it is not fungible. it is not consumable. right to fruits . It is considered as properties for public service.

With possession. A person owns the airspace above his property. and (3) beneath the surface. it must be hidden or unknown 2. use property in a manner as not to injure the rights of others 2. right to dispose 3. He shall not be required to prove his ownership over the property. ownership is presumed. If one is in possession. the doctrine of self-help ceases to apply. subject to easements 5. Elements of a hidden treasure: 1. right to recover property if unlawfully taken Right of ownership is not absolute 1. To claim ownership. the lawful owners are unknown Division of hidden treasure found in one’s property . subject to police power or general welfare clause 3. it must be treasure – money. What is the doctrine of self-help? The doctrine of self-help states that the owner of a property has the right to exclude any person from the enjoyment and disposal thereof. the owner of the property is entitled to receive compensation from the person who benefited from the same. one is presumed to be the owner. other precious objects. those which are finished objects 3.18 2. Once the aggression has been completed and the property has already been taken. The doctrine requires the existence of a threat to one’s property and that the property has not yet been taken. (2) above the surface. may be abated if considered a nuisance What is the doctrine of incomplete privilege? The doctrine states that the owner of a property cannot prevent a person from entering into his property to prevent an imminent danger if the threatened damage is greater than the damage to the owner of the property. the aggression is still taking place. He may use reasonable means necessary to prevent or repel an actual or threatened unlawful physical invasion or usurpation of his property. subject to eminent domain 4. subject to the reasonable requirements of aerial navigation. In such a case. In such a case. court relief must be sought. court proceeding is required to destroy the presumption of ownership arising from possession by presenting evidence. Ownership of land includes (1) surface. jewelry. In other words.

The person who hired him is the finder. must have found the treasure by chance (does not exclude cases where there is a deliberate search for treasure) If a person is hired to search treasure. industrial • produced by lands through cultivation or labor • other products of the land do not apply here 3. use of property • accrue on a daily basis • can be pro rated . Requisites to be a finder: 1. attached to or incorporated (attachments) – accession continua • cannot be removed without causing damage to the property • may be artificial or natural • external Types of fruits / accession discreta 1. civil • synthetic fruits • pertain to income. earnings arising from rentals. dividends. must not be a trespasser (intrusion without authority) 2. he is not considered a finder. If the owner or finder is married.19 Half will go to the owner of the lot and the other half will go to the finder. natural • spontaneous products of the soil • the young of animals (need not be spontaneous) • other products of animals 2. his or her share in the hidden treasure will go to the absolute or conjugal property. even if the property where it is found is separate property. as to the produce (fruits) – accession discreta • internal • comes from the property itself 2. Accession Accession • • • not a mode of ownership incident of ownership must acquire ownership first before the right of accession follows 2 types of accession: 1.

alluvium b. avulsion c. soldadura (attachment) c. gathering and preservation. The basis would be Article 443. builder. and able to gather or harvest fruits on a regular basis. there is already a finished product. planting done on a regular basis 2. antichresis He who receives the fruits has the obligation to pay the expenses made by a third person in their production. In Article 449. inclusion (engravement) b. escritura (writing) 2. planter or sower in good faith 4. lease 3. In Article 443. change in river course d. gathering and preservation. pintura (painting) e. Ex. there is no certainty that the fruits may be gathered. if the fruits are still pending. formation of islands For movables 1. Chui got hold of the fruits planted by Che. harvested. mixture a. he must reimburse the person who spent for their production. tejido (weaving) d. commixtion – solids . natural – by natural forces a. Che cultivated. adjunction or conjunction a. and gathered fruits in Chui’s land in bad faith. No. confusion – liquids b. building.20 Who owns the fruits? As a general rule. (Article 443) If another person legally entitled to the fruits. Trees • sowing – seasonal crops. planting or sowing • building – form of construction • planting – plant once. Instances where a third person is entitled to the fruits 1. if the fruits are already gathered. Is Che entitled to reimbursement? Yes. Types of accession continua For immovables 1. The basis would be Article 449. the owner of the property owns the fruits. usufruct 2.

demand reimbursement for the value of the materials used. In sowing. planted or sown. useful expenses (actual cost or increase in Builder. Planter. planting or sowing. plus recover damages 2. the sower may be required to pay rents. In building. Land Owner and Builder. Planter or Sower and the Owner of the Materials The rules shall govern if accession has occurred. If not. provided there is no damage to the immovable property 2. receive payment. whatever is built. plus recover damages Good Faith Bad Faith need not pay for the materials used Loses his materials Bad Faith Bad Faith consider as good faith (in pari delicto) consider as good faith (in pari delicto) Rules governing relationship between Land Owner and Builder. Rules governing relationship between Land Owner who is also the Builder. Planter or Sower who is also the Owner of the Materials Land Owner Good Faith (preferred right) 1. the planter may be required to buy the land. if not paid. pay indemnity: necessary expenses (actual cost). specification Why distinguish planting and sowing? In planting. Planter or Owner of the Materials Sower Good Faith (preferred right) Good Faith reimburse the owner of the materials for 1. the rules do not apply. right to receive payment. planted or sown over a land is presumed to be owned by the owner of the land. can institute action for collection. acquire what has been built. even if it causes damage to the immovable. subject to contrary proof. and the owners may take what each owns. if what is built. can remove the the value of the materials materials. can exercise right of retention and cannot be made . can remove the materials. if not paid. or Sower and Owner of the Materials Good Faith 1. planted or sown is acquired.21 3. but does not have the right of retention Bad Faith Good Faith (preferred right) 1.

planted or sown: a. if not paid. whether there is injury to the property or not. luxurious expenses (if appropriated) 2. pay rentals Bad Faith receive payment for necessary expenses. sown. and sower to pay the rentals. for builder or planter. and recover damages • can ask payment of necessary and useful expenses • can remove luxurious improvements. planted or sown. pay the purchase price (fair market value of the land). can remove luxurious improvements if it can be done so without injury Bad Faith consider as good faith (in pari delicto) Types of expenses: Necessary – for preservation Good Faith 1. whether it will cause damage or injury to the property. compel builder or planter to pay rent through a voluntary or forced lease. and recover damages 2. pay the necessary expenses if the building is still standing or the fruits are still pending. can effect removal. require removal and recover damages Bad Faith cannot ask the builder or planter to buy the land or the sower to pay rentals to pay rentals 2. for sower. and recover damages 3. and recover damages 2. can force the removal of improvements Except: value of the land considerably more than the value of what is built. compel builder or planter to buy the land. acquire what is built. acquire what has been built Good Faith (preferred right) 1. planted.22 value – plus value). or b. ask payment for what is built. and luxurious expenses if appropriated. if owner does not wish to acquire it Bad Faith consider as good faith (in pari delicto) . cannot receive payment for useful expenses. compel the builder or planter to buy the land or the sower to pay rentals.

the court may fix the term. planter. acquire the improvements 2. period of possession • rentals charged shall start from the time of occupation • lower rate shall be charged when the builder. Sarmiento has two options: (1) buy the improvement. Only when Evangelista cannot buy the lot can Sarmiento exercise the option to have the improvement removed. fair rental c. The relationship between the land owner and the builder. Its true owners sold the lot to Sarmiento. Evangelista deposited the price of the lot with the court. or Sower Owner of the Materials Good Faith Good Faith . subject to: a. or sower are separate. and the owner of the materials and the builder. as he thought he would own the land over which the house was built upon. planter. Planter or Sower and the Owner of the Materials The right of action of the land owner extends only to the builder. Sarmiento asked Evangelista to remove the house and refused to exercise his option. In such a case. or (2) sell the lot to Evangelista. Planter. The Supreme Court found no grave abuse of discretion on the part of the CFI judge. the Builder. planter or sower already knew that he didn’t own the property occupied • the period of lease shall be commensurate to that which would allow one to recover his investments Rules governing relationship between the Land Owner. Since Sarmiento did not exercise his option. The right of action of the owner of the materials extends only to the builder. The parties should be allowed to negotiate a voluntary lease. The CFI ruled Sarmiento should exercise his option. ask for the payment of rentals • The Courts should not immediately force the lease of the property. Agana Evangelista built a house on a lot. thinking his mother-in-law owned it. planter or sower occupied the land without knowing that he did not own the property • market rate shall be charged when the builder.23 Useful – adds value to the land Luxurious – for ornamental purpose Sarmiento v. planter or sower. Dumlao If the value of the land is considerably more than the value of the building. If the parties cannot voluntarily agree to the terms of the lease. the owner has two options: 1. planter or sower. the value of the property b. Evangelista here was a builder in good faith. Depra v. or sower. Land Owner Good Faith Builder.

the land owner chooses option number 1 (acquires what is built. if materials from the not paid. or sower. planter. 2. if subsidiarily liable builder or planter to the owner of the cannot pay. planter. 1. regardless if the land owner acquires what is built. planter. planter or • if the right of retention sower. acquire what is built. receive payment 1. the owner of the materials is in good faith 2. receive payment. or sown. builder. receive payment planted. or sower for damages Good Faith Bad Faith Bad Faith 1. hold him the materials. removal him subsidiarily Damages in all three liable instances 2. planter. or sown from the builder. builder. or sower is principally liable to the owner of the materials (who must be in good faith). builder or planter can go after the sower does not buys lot and what is land owner and pay the owner of built or planted. require builder or owner to hold him planter to buy lot. exercise builder. and becomes liable to the builder. planted.24 1. sell lot to builder or planter. . or ask cannot go after the rentals from sower land owner and hold 3. or sower must be in good faith Good faith or bad faith of the land owner is immaterial. or sower 3. pays the owner of subsidiarily liable becomes the materials 2. receive payment of planted or sown from land owner. acquire what is built. receive payment from the builder. or subsidiarily liable sower to pay rentals Good Faith Good Faith Bad Faith no subsidiary liability loses all his materials. if not paid. planter. planted or sown) 3. The builder. planter. receiver payment from builder. planter. 1. cannot materials go after the land 2. or 2. or sower Subsidiary liability of the land owner occurs when: 1.

If only one lot owner is affected by the change in the course of the river. Avulsion • a known portion of land is transferred to another estate • elements: a. streams) c. or sower acquires the land. provided he removes it within 2 years • If the original owner does not remove it within 2 years. must be a known portion of land transferred to another estate • The original owner owns the portion of land transferred. The option to acquire is with the adjoining owners. the value of which shall not exceed the value of the area occupied by the new bed. or sown if the builder. The phrase in proportion to the area lost applies if two or more owners are affected by the change in the course of the river. or sower does not acquire the land. the owner of the materials cannot remove the materials used therein. the process of accession sets in. planter. alluvium • elements: a. planted. • The adjoining owners may acquire the old bed by paying the value of the old bed. the owner of the land retains ownership. gradual deposit of soil – does not happen overnight. • If the trees are uprooted. in esteros (man-made) • must ask for a retitling and resurvey of the property. leaving a piece of land or a part thereof isolated. 4. not gradual. he acquires the entire area of the old bed. along the river banks (includes creeks. Formation of islands . • If the river branches itself. Accession natural 1. The same rule applies if the land is separated from the estate by the current.25 The owner of the materials can remove what is built. 3. If the builder. and the owner of the lot where the portion of land attaches owns said portion • If the land has trees. lakes. drastic b. the 2 year period still applies. in seas. imperceptible b. as the additional land is not covered by the Transfer Certificate of Title immediately 2. the owner thereof has 6 months to claim it. planter. Change in the course of the river • Abandoned bed ipso facto belongs to the owners whose lands are occupied by the new course in proportion to the area lost. due to natural current of the river – not man-made • ownership of the accretion automatically goes to the owner whose estate adjoins the river bank (riparian owner) • does not include deposits in beach (public property).

If formed in the high seas. attachment test (which attaches to what?) • the property which clings to another is the accessory • the property to which the other hinges is the principal • exception: if the property that attaches is considerably more than the property to which it attaches to. or to the owners of both if the island is in the middle. volume • whichever has the greater volume is the principal • applied if both are of equal value • exclude intellectual creation. vessels may navigate through it) – goes to the State b. if river is non-navigable – belongs to the owners of the margins or banks nearest to each of them. parchment are considered the accessories Owner of the principal pays for the value of the accessory if the accessory follows the principal. interpret according to the law of the seas. and the board. Varnish on a wooden table Determining accessory from principal: 1. The person who pays the segregation is the person who caused the union in the first place. in which case it will be divided longitudinally in half Accession in movable property Adjunctions • • • • • 2 or more movable properties united in such a way that they form a single object cannot separate the 2 movables can identify the 2 movables the movables belong to 2 different owners ex. whether it causes injury to the principal or not. the owner of the accessory is entitled to segregation. canvass. stone. international law applies If formed in rivers. If one is in bad faith: . paper. 2. distinguish: a. if river is navigable (useful for commerce. writings. value • whatever is more valuable is the principal • applied if attachment test fails to determine which is the principal and which is the accessory 3. printed matters. metal. in which case the paintings and sculpture.26 • • If formed in the seas. engravings and lithographs are considered the principals.

which may consist in the appraised value. 2 or more movables b. consider the goods as equal in value 3. mixture by will of the owners o co-ownership occurs o ownership in accordance with the agreement of the owners 2. 2 types of rice joined together. confusion – involves liquids elements: a.27 a. and payment for damages Indemnification • reimburse the value of the property. ask for removal of the accessory. belong to 2 or more owners c. toyo and patis mixed together • rules on ownership: 1. mixture done by 1 person o in good faith – pro rata to the value of the properties that are part of the mixture o in bad faith – the person who caused the mixture loses his property and becomes liable for damages Specification • raw material transformed into a finished object by labor • ex. commixtion – involves solids 2. Piece of cloth made into a dress by a seamstress . owner of accessory is in bad faith – he loses his property to the principal and becomes liable for damages b. if the principal is in bad faith – the owner of the accessory has 2 options: i. cannot identify the 2 movables • ex. whether there is injury or not. ask for indemnification of the value of the accessory and payment for damages ii. mixture by chance o pro-rata – in proportion to the value of the goods o in the absence of any valuation. or the same property in kind and quality • person entitled to indemnification chooses the type of indemnification to be paid • expert appraisers determine the value of the movable property Mixture • • types: 1.

to bring an action in ejectment (Article 487) 3. and pays the value of the materials. to exercise full ownership over his aliquot share (Article 493) • need not acquire the consent of the other co-owners if he intends to sell. If the worker is in good faith – he acquires the product. by succession 5.28 • • Labor is considered as principal while the raw material is considered as an accessory. as public policy favors ownership in 1 person rather than in many . pledge. cannot prevent others from using it according to their rights 2. Exception: if the work product is valuable for scientific or artistic reasons – the worker pays the value of the material plus damages and gets to keep the work product. If the worker is in bad faith – owner may ask for the return of the material or payment of the value thereof plus recover damages. by contract 3. Exception: if the finished product is worth less than the value of the raw materials – the owner may ask for the value of the materials or may ask for the work product and pay for the labor. by occupation Rights of a co-owner: 1. to compel the other co-owners to contribute to the necessary expenses and taxes (Article 488) 4. by law 2. use it according to the use intended thereof ii. to use and possess the thing owned in common (Article 486) • restrictions: i. encumber his aliquot share • other co-owners may exercise the right of redemption post sale in proportion to their share by paying the same amount paid by the stranger who acquires the aliquot share • the right of redemption is exercised against a third party who is not a co-owner prior to the sale • other co-owners not granted the right of first refusal • the right to redeem cannot be contracted away. Co-ownership Co-ownership • • • • Ownership of an undivided thing or right belongs to different owners Subject – 2 or more persons Object – one indivisible object Right – aliquot share (not yet physically divided) in fractions or ratios • How does co-ownership exist? 1. by chance or fortuitous event 4. mortgage.

Can the three later on contract for a different share in the co-ownership? No. 6. Can the three agree on equal interest and share in the co-ownership? Yes. 5. Carlo. Ryoga and Mousse co-owned a parcel of land in Makati. counted from the time of repudiation by Ranma of the constructive trust. Mousse has 10 years to recover his share from Ranma. Ryoga sold his 1/3 share to Shampoo. the wealthy owner of a Honda plant in Laguna. Can Thel pay less than P40. right to fruits and benefits • share of a co-owner to the extent of his share in the co-owned property • stipulations to the contrary are void Carlo. The rest shall be considered as an unenforceable contract. Can Chui demand more than P40. and Migo contributed P200. or by the vendor Ranma. nor change the share in the fruits.000 if the price for the 1/3 share is unreasonably high. • Sale of the entire property must be with the consent of the other co-owners. subject to the following limitations: . Ranma bought the entire 1/3 share from Shampoo. Gerik contributed P50.000. benefits and charges.000. Does Ranma own the entire 1/3 share? No. Carlo contributed P200. benefits and charges.000 as purchase price? No. for P40. to demand at any time the partition of the thing owned in common (Article 494) • any act which puts an end to the co-ownership is considered as partition • no prescriptive period for the exercise of the right to partition • Prohibition to partition may be allowed. Thel and Che co-owned a property. in which case the co-owner pays a reasonable price. Thel can pay less than P40.000? Yes. the parties cannot contract for a greater share in the fruits.000. It is considered as a valid stipulation. Absent such consent. Once the share is agreed upon.29 Emma.000. Emma sold her 1/3 aliquot share to Chui. Gerik and Migo agreed to enter into a co-ownership. (Article 1620) • Time to exercise the right of redemption: 30 days from notice in writing by the prospective vendor. Thel wants to redeem the 1/3 share sold to Chui. Ranma is only advancing Mousse’s contribution to the purchase price for the 1/3 share sold to Shampoo. Ranma holds the property in trust for Mousse. Gerik and Migo agreed on equal interest and share in the co-ownership. the transaction is valid up to the aliquot share of the co-owner.

non-extendible • if the prohibition to partition extends beyond the limitation provided for the law (as where it is for 50 years). majority – for acts of administration or management ii. • If the property is rendered unserviceable if partitioned.30 a. he may ask for partition of the thing coowned. the co-owners may ask that it be sold. notify after making the necessary improvements or expenses • includes payment of taxes • co-owners must reimburse according to their pro rata share • payment shall be by cash or by renouncing a portion a portion of his coownership to the person who incurred the expenses . 7. it shall be valid only up to the extent of the period of limitation provided for by law (10 years by agreement or 20 years in a will). if this is practicable. • If a co-owner does not want to extend the agreement not to partition. right of management • co-owners can manage and administer co-owned property (inherent right) • can transfer management or administration to a 3rd person (contract of agency) • voting: i. unanimous – for acts of alteration acts of ownership – considered acts of alteration change in use of property – considered acts of alteration acts of disposition of property – considered acts of alteration lease over 1 year – considered acts of alteration lease less than 1 year – considered acts of administration construction over property – considered acts of alteration • if built without the consent of the other co-owners. not entitled to reimbursement • co-owners may appropriate the construction or ask for its destruction without the benefit of reimbursement Necessary improvements or expenses • may be done by any co-owner • consent of other co-owners not required • notice must be given to the other co-owners. by agreement of the co-owners – valid for 10 years only. by the testator in a will – valid for 20 years only. if not. extendible indefinitely b. the proceeds to be divided among the co-owners.

subjecting to one’s will – ex. tradition longa manu or tradition simbolica c. possession in one’s own right. C will give up 1/5 of his 1/3 share (1/5 of P10.000).31 A.000.000. renunciation Possession Possession – the holding of a thing or the enjoyment of a right 2 kinds of possession: 1.000 (1/3 of P6. B and C are obliged to reimburse P2. loss of thing 4.000 (1/3 of P30. 6 modes of terminating co-ownership 1. If B and C do not pay. constructive delivery 2. B. Can A seek reimbursement from B and C? Yes. A can file an action against them and enforce the judgment debt on their property. intention to possess 3. and not in behalf of another Different categories of possession 1. How much will he renounce? C’s share in the co-owned property is P10. material possession b.000) to A who incurred the expenses. C has no money and decides to renounce a portion of his share of the co-owned property to A. possession without any legal right • possession de facto .000) each to A. acquisitive prescription • termination of trust • a co-owner repudiates the co-ownership 5. and C each owns 1/3 of a property worth P30. modes of possession a.000 equals to P2. possession independent of ownership rights • right of possession • jus possessionis How to acquire possession 1. A incurred necessary expenses in the amount of P6. expropriation 6. merger 3. or creditors are in agreement 2. partition • main mode of terminating co-ownership • extrajudicial – no creditors. right to possession • inherent in ownership • jus possidendi 2.

to the exclusion of others) – except in the case of co-ownership Time needed for possession to ripen into ownership Good faith • ordinary acquisitive prescription • movables – 4 years • immovables – 10 years • • • • . He who believes that he has an action or a right to deprive another of the holding of a thing. in which case it becomes part of the property of the State under the Regalian doctrine). there must be just title which is flawed 2. continuous. Ownership may be acquired not through acquisitive prescription. Article 537. ii. Elements of possession which can ripen into ownership: 1. 2. possession with just title and without any flaw • possession of an owner • need not ripen into ownership If the owner abandons his property. hold it in the concept of an owner (open. adverse. Acts merely tolerated. it becomes res nullius (except in case of immovable property. public. if the holder should refuse to deliver the thing. or by violence. such as usufructuary or lease • recognition of legal possession in another • recognition of ownership by the possessor in another person • does not ripen into ownership 3. Article 536. but through occupation.32 no legal right or title no legal possession – legal possession is recognized in somebody else does not ripen into ownership relate to Articles 536 and 537 i. must invoke the aid of the competent court. and those executed clandestinely and without the knowledge of the possessor of a thing. possession with juridical title • possession not in the concept of an owner. do not affect possession. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. possession with just title • there is possession with just title – mode of acquiring ownership • there is a flaw in said title – the transferor did not have any legal title • colorable title – available for acquisitive prescription and can ripen into ownership 4.

Yuffie possessed the lot for another 3 years. because there was a break in the chain (carnapping). Immovable A (good faith) . add A’ possession. After 3 years. and who sold it to E. D sold the car to E. who sold it to D. C and D’s possession to his possession? Yes. C acquired the stolen car and sold it to D. because B is in bad faith. B. A sold his car to B.33 Bad Faith • extraordinary acquisitive prescription • movables – 8 years • immovables – 30 years Counting of possession in 1 person: Yuffie bought a lot and possessed it in good faith for 3 years. Can E tack A and B’s possession to his possession? No. B lost the car to a carnapper. Immovable A (bad faith) – possession for 3 years / 3 = B (good faith) – possession for 3 years = 1 year 3 years 4 years How much longer must B possess the immovable property to acquire it? 1st view: 6 years (10 years – 4 years = 6 years) . and claim that he needs to possess it for another 6 years to acquire it under ordinary prescription? No. Yuffie found out that her title was flawed.possession for 3 years x 3 = B (bad faith) – possession for 3 years = 9 years 3 years 12 years How much longer must B possess the immovable property to acquire it? 18 years (30 years – 12 years = 18 years) Can B divide his possession by 3 years. How much longer must Yuffie possess the lot to acquire it? good faith 3 years x 3 = 9 years bad faith 3 years = 3 years 12 years Yuffie must possess it for another 18 years (30 years – 12 years) Tacking • • • adding the possession of one to the possession of another there must be privity of relations between the persons involved (no break in the chain) add the possession of the predecessor-in-interest A sold his lot to B. who sold it to C. Can E tack A.

B and C. possessor loses possession and the years credited in his favor if the plaintiff loses. the heir is deemed never to have possessed the same Interruption of possession 1. Cloud files a case which lasts for 10 months and wins. unlawful detainer. since A’s possession is tainted with bad faith. If ownership has ripened. If there is co-possession among A. the previous possession shall be deemed lost • remedies to recover possession: a. If there is legal interruption after partition. in which case he cannot go after his co-possessors in case of eviction. He is dispossessed of the lot by Sephiroth. and after partition. B and C for 10 years. . 2. the heir’s possession is counted from the date of the predecessor’s death • if the heir repudiates the inheritance. A is deemed to have possessed his part for 13 years. What is the effect of the interruption? The interruption affects everybody. X claims ½ of the property co-possessed by A. each co-possessor must look out for his share. but co-possessors Interruption for co-possession: A. legal • • • • a case is instituted by a person who claims title over the property interruption occurs from the time of receipt of summons if the plaintiff wins. possessor enjoys the benefit of possession\ Co-possession • 2 or more persons buy a property when there is a flaw in the title • the buyers are not co-owners. such interruption will affect everybody because the other co-possessors have to do mutual accounting for his fellow copossessors against eviction. physical or actual interruption • loss of possession of property for a period of more than 1 year • failure to recover possession within 1 year.34 2nd view: 7 years. Possession prior to partition is credited to one’s possession after partition. Possession acquired by succession: • if the heir accepts the inheritance. movables – replevin b. A possessed his part for 3 years. Is the 10 month period credited in Cloud’s favor? Yes. B and C co-possess a lot. A’s possession should be disregarded in the number of years of possession. accion publiciana Cloud possessed the lot for 3 years. immovables – ejectment.

after which the possessor leaves 2.500 Expenses P1.000 (2/3 of P6000). plus interest. sharing of proceeds of the harvest based on the period of possession must turn over what is gathered • entitled to reimbursement for gathering. How to resolve in case 2 persons claim possession over the same property: • person preferred – present possessor • if no present possessor – person who possessed the longest • if both possessed for the same period of time – person who presents just title (mode of acquisition) • if both have present title – deposit the subject matter in court Rules governing ownership of fruits during possession Civil Fruits Good Faith Entitle to civil fruits which accrue to him during his period of possession • • Bad Faith all fruits earned must be accounted for. Expenses amounted to P1. profits. planting. culminating into the harvest of the rice planted.35 Can there be co-possession if 2 persons are claiming possession over the same property? No. How much will Mel and Trish get? Gross Harvest P7.500. the owner of the parcel of land. dispossessed Mel and took possession of the land for 4 months.500. The law does not recognize legal possession in 2 persons who do not have the same legal interest.000 (1/3 of P6000) while Trish will get P4. Trish.500 Net Harvest P6. allow possessor to continue harvesting and gathering of fruits. There is no co-possession. . and income pay rentals Natural or Industrial fruits Gathered Keeps what is gathered (Article 443) Pending (Article 545) Option of the owner: 1.000 Mel will get P2. How will Mel and Trish share in the harvest of the rice? Mel and Trish will share in the net harvest in the ratio of 1:2 Supposing the Gross Harvest is P7. sowing Loses everything • Mel possessed and planted rice over a parcel of land for 2 months.

If there is an appraisal. where the person who can constitute a contract of lease need not be the owner himself. return the value of the property. For consumables. sale or assignment 3. it is considered as a quasi-usufruct. If there is no appraisal.36 Rules governing Expenses and Improvements • same as builder in good faith and builder in bad faith • when owner succeeds in possession. The obligation of the usufructuary is to return the same thing which is the subject of the usufruct without alteration to its character except its normal wear and tear. This is different in the case of lease. abandonment – give up hope of recovery of the property. The only person who can constitute a usufruct over a property is the owner of the property. such as in the case of lessees and sublessees. and there is default on the part of the debtor. he is required to pay for improvements existing at the time of his acquisition of possession Loss of possession: 1. Once the principal obligation becomes due and demandable. interruption Usufruct Usufruct • • • • • • real right (attaches to the property until such time as the period of usufruct ends) to enjoy the property belonging to another person obligation to preserve the property covers use. A usufruct can be constituted notwithstanding the fact that the property is already subject to a mortgage. the mortgagee may foreclose the mortgage notwithstanding the existence of a usufruct or the obligations of the usufructuary. return the same thing of the same kind and quality. The . Easement covers immovable property only. A mortgage contract is an accessory contract. fruits and possession does not cover jus disponendi and jus abutendi possession and use are not essential elements right to the fruits is an essential element Usufruct covers both movable and immovable property. A contract of usufruct is a principal contract. For non-consumables. or relinquish any right over the property • for movables – becomes res nullius • for immovables – goes to the State 2. it is considered as usufruct.

act inter vivos • by contract • by donation – follow the formalities for donations • by will – follow the formalities for wills • For usufructs constituted by contract involving immovable property. the contract must be in writing. The usufructuary has nothing to do with the principal obligation. provided the usufructuary can restore the property to its former condition without injury to the property. by prescription Can a usufruct be constituted over rights? Yes. the usufruct is unenforceable as it falls under the Statute of Frauds. Can a usufruct be granted over a leased property? Yes. there would be conflict. Usufruct and pledge cover the fruits of the object. 3. whether successive or simultaneous.37 mortgagee must respect the usufruct even after the foreclosure. Can the usufructuary construct improvements over the property subject of a usufruct? Yes. This is not considered a breach of the usufructuary’s obligation. The grant of usufructuary rights may be total or partial. Otherwise. may be given to one or more persons. Simultaneous • as long as one of the usufructuaries is still alive. except rights which are purely personal. which requires that it be 1 degree of substitution Usufruct created other than by law . Usufruct and pledge require possession on the part of the usufructuary and pledgee respectively. Usufruct deals with fruits. Possession is not essential in usufruct. How to constitute usufruct? 1. Can a usufruct be granted to an object subjected to a pledge? No. legal usufruct • by law. the usufruct will still continue to subsist • the usufructuary rights of the others who died will accrue to the usufructuaries who are still alive Substitution – follow the rule on fideicommissary substitution. not by the will of the parties • almost non-existent in today’s laws 2. In such a case.

or transfer it even without the owner’s consent. In such a case. the lease is binding if the lease of the property becomes a real right. right to enjoy the fruits and income of the property 2. Article 583 (getting in the usufruct) a. and is entitled to ½ of the share in the hidden treasure if he finds it. subject to a contrary stipulation. The usufructuary has the right to possession over the property to the exclusion of others. what happens? If the owner consents. there is a sharing of the fruits Hidden treasure – the usufructuary is a stranger. sell. obligation to preserve the form and substance of the property Fruits: 1. the owner will be entitled to the rentals Obligations of the usufructuary 1. those standing at the start of the usufruct goes to the usufructuary ii.38 • • parties may agree to the terms of the usufruct. he may transfer possession by way of a lease contract. including the owner of the property. gathered – those gathered during the usufruct belongs to the usufructuary b. unless there is a stipulation to the contrary Can the usufructuary transfer the possession of the property to another by way of lease? If the usufructuary is given the right of possession. Civil • accrue daily • those which accrue when the usufruct subsists goes to the usufructuary 2. as when the lease is registered or is for more than 1 year. who may alienate. subject to the condition that the lease is for the duration of the usufruct. standing i. natural or industrial a. the lease is binding to the owner/ If the owner did not consent. provided the essential elements are present provisions of law regulating usufructs apply in the absence of a contrary stipulation Elements of a contract of usufruct: 1. to make an inventory after notice to the owner . If the lease extends beyond the usufruct. The usufructuary right belongs to the usufructuary. for those standing after the usufruct.

g. The usufructuary cannot be placed in possession of the property. house included in the usufruct c. 2. The only difference with caucion juratoria and with one wherein a security is given is that in the latter case. and other movables necessary for the vocation or industry of the usufructuary The oath serves as security because the usufructuary does not have the means to give one. to preserve the form and substance of the thing (during the usufruct) . Article 587 Caucion juratoria is a promise under oath to deliver: a. furniture necessary for the usufructuary’s use b. the parties have a standard to go by to see if the usufructuary is returning the same thing. The usufruct is not affected on account of failure to give security. implements.39 • appraisal of the movables • description of the CONDITION of the immovables Exceptions: • can be waived • when there will be no 3rd person who will be prejudiced (Article 585) b. except when the parents contract a 2nd marriage (Article 584) • when there will be no 3rd persons injured (Article 585) E. tools. If the usufructuary fails to perform a particular obligation in this situation. The Civil Code does not provide an express provision on the effects of failure to make an inventory by the usufructuary. The failure to make an inventory gives a prima facie presumption that the usufructuary received the thing in usufruct in good condition (comments of some annotators). give security (such as bonds and the like) Exceptions: • can be waived • legal usufruct • donor reserves the usufruct of the property donated (Article 584) • parents who are usufructuaries of their children’s property. the usufructuary is liable for damages. The usufructuary shall provide a security to answer for his obligations. rent given to the usufructuary (no need to give security and to make inventory) In usufructs of land. but he is still entitled to the fruits and income. the usufructuary shall make an inventory of the condition of the land so that at termination. and so the owner runs after the security given. the payment of damages is set by the security.

caused by extraordinary causes or events b. if it is not practicable to notify the owner. the owner pays the increase in value which the immovable acquired. the repairs are necessary for the preservation of the thing extraordinary repairs • the owner is the one who shoulders the extraordinary repairs • 2 classes of extraordinary repairs: a. who will incur the expense • If the owner makes the extraordinary repairs. the owner may seek reimbursement from the usufructuary • elements: a.40 Expenses: • necessary – for the preservation of the thing • useful – for the account of the owner. expenses and damages • right of retention if the owner has yet to pay reimbursement. usufructuary can incur them and can remove them after the usufruct ordinary repairs • preserve and keep the property preserved against ordinary wear and tear • obligation of the usufructuary to pay for them • if the usufructuary does not pay for them. take care of the thing with the diligence of a good father of a family (during the usufruct) 5. usufructuary to pay annual taxes and charges and of those constituting a lien on the fruits (during the usufruct) • on the principal – obligation of the owner • on the fruits – obligation of the usufructuary 4. expenses and damages . the usufructuary may incur the expense and notify the owner later. the deterioration arose from the natural use of the thing b. caused by the natural use of the thing but are not needed for the preservation of the thing • usufructuary shall notify the owner. to return the thing in usufruct to the owner (end of the usufruct) • return the property in its original form at the time the usufruct started • right to the fruits and income terminates • pay reimbursement. which is equal to the current value minus the previous value of the immovable. the usufructuary pays interest. 3. usufructuary can incur them and can remove them after the usufruct • luxurious – for the account of the owner. The usufructuary shall have the right to reimbursement for the expenses and the increase in value of the property due to the improvement and the right to retention at the end of the usufruct. • In case of emergency. If the usufructuary makes the extraordinary repairs.

a person or group of person. the usufructuary continues his right of usufruct over the building newly constructed • If the building is not reconstructed. the death of the last usufructuary terminates the usufruct • death of the owner does not terminate the usufruct 3. another immovable belonging to a different owner (real easement) ii. but it is to his benefit to insure the property subject of the usufruct A usufruct is constituted over an immovable and the building constructed on it. in which case determine if the usufructuary shares in the payment of the insurance and if the building is rebuilt Easements and Servitudes Easement or servitude • encumbrance imposed over immovable property only • for the benefit of: i. death of the usufructuary. except if the usufruct is over a land and building. end of the period of usufruct or expiration of the term of the usufruct • grant of 99 year usufruct may be considered in the same way as a grant of a 99 year lease – considered a transfer of ownership 2. renunciation of the usufructuary of the usufruct 5. If the usufructuary does not share in the insurance. he share in the benefits • If the building is reconstructed. The building is destroyed. real – in favor of another immovable belonging to another . a. total loss of the thing in usufruct. unless a contrary intention appears • if there are several usufructuaries. • Building is rebuilt – the usufructuary does not enjoy usufructuary rights over the building. he receives interest with respect to the civil fruits of the insurance proceeds (interest) b. fusion or merger of the usufruct and ownership in the same person 4. personal a.41 Insurance • not an obligation of the usufructuary. or a community (personal easement) • cannot institute an easement over another easement Classes of easement: 1. If the usufructuary shares in the insurance. real (praedial) v. but he continues to enjoy interest over the land • Building is not reconstructed – usufructuary continues to enjoy interest over the immovable and the materials that are of value and would remain Termination of usufruct: 1.

discontinuous a. the road is grassy. legal v. continuous v. non-apparent a. does not have to be a contract Why determine whether the easement is continuous. voluntary a. apparent v. non-apparent – shows no external indication of its existence E. legal – established by law b.g. except that what is passed is an encumbrance. continuous . the road itself b.owner of servient estate obliged to allow something to be done. without the intervention of any act of man E. does not require that they have an interest over the immovable which is contiguous to the dominant estate 2. negative – owner of servient estate prohibited from doing something which he could lawfully do if the easement did not exist 5. right of way 3. or to do it himself b. but a right of way exists 4. easement of light and view b. positive . no footpath exists.g. testate succession.use of which IS or MAY BE incessant. apparent or nonapparent? Continuous and apparent easements can be acquired by title or by prescription. positive v. Can an easement of light and view be acquired by prescription? Yes. personal – in favor of a community or of one or more person to whom the encumbered estate does not belong. It is a continuous and apparent easement.g. negative a. not ownership Juridical act – covers donation. discontinuous – used at intervals and depends upon the acts of man E. voluntary – established by the will of the parties. All other types of easement can only be acquired by title. contracts Prescription • • • • not the same as acquisitive prescription refers to the use of a certain portion of a property 10 years (for continuous and apparent easements only) for positive easement .g. Title • • juridical act that creates the easement (voluntary act between the parties) more or less the same as just title. apparent – made known and are continually kept in view by external signs that reveal the use and enjoyment of the same E.42 b. discontinuous.

use or non-use is not an essential element of easement • non-use for 10 years is a mode of extinguishing an easement • if the easement is discontinuous in character. donation • the donation must create the easement. indivisibility – once easement is created. start counting from the time an act is done which is contrary to the use of the easement 4.43 o allow something to be done on one’s property o prescription counted from the time easement is actually used for negative easements o notification to the servient estate of a prohibition by way of a notarial act o prohibit something to be done which would have been lawfully done by the owner were it not for the easement o involves mostly non-apparent easements • General characteristics of easements: 1. succession • succession must create the easement. involves immovable property 2. it is created on the entire property 6. as it is imposed upon the parties by law 2. perpetual Form of creation of easements: 1. not pass on the easement • form for wills iii. start counting from the time there is discontinuation of use • if the easement is continuous in character. will continue until a mode of extinguishment occurs • if there is a period. contract . easement extinguishes upon expiration of the period 3. voluntary easements i. legal easements – no form. not pass on the easement • form for donation ii. inseparability of easement from the immovable • easement cannot be sold or transferred without selling or transferring the immovable to which it is attached • registration of the servient estate without making an annotation therein of the easement extinguishes the easement • registration of the dominant estate without annotating the easement therein does not extinguish the easement 5. element of permanence • if there is no period.

Article 630 – right to retain ownership of the portion on which the easement is established.44 • must be in writing. Article 625 – exercise all the rights necessary for the use of the subject easement E. right to draw water for animals includes right of way for passage of animals 2. Article 627 (2nd paragraph) – to notify the servient owner of the construction of works for use and preservation 2.g. and may use it in such a manner as not to affect the exercise of the easement • Payment of indemnity does not transfer ownership from the servient estate to the dominant estate 2. unless there is a contrary stipulation 3. cannot impose added burden on the easement 4. cannot change the use of the easement Rights of the servient owner 1. Article 627 (2nd paragraph) – right to make any works necessary for the use and preservation of the servitude • Must not make it more burdensome • If there are several owners of the dominant estate. Article 628 (2nd paragraph) – contribute to the payment of the expenses when he uses the easement . use in accordance with the purpose for which the easement was created Obligations of the dominant owner 1. Article 629 (2nd paragraph) – right to change the easement if it becomes very inconvenient • Must not impose an added burden to the dominant estate 3. he must give up or renounce his right in favor of the other owners of the dominant estate • The owner of the servient estate also contributes to the expenses if he uses the easement. they must contribute to the expenses pro rata • If the owner does not wish to contribute to the expenses. Articles 627 (1st paragraph) & 628 (1st paragraph) – to pay for the expenses of such works and to renounce the easement in favor of others if he doesn’t wish to contribute to the expenses 3. as it creates a real right. thereby falling under the coverage of the Statute of Frauds • acknowledgement by the owner of the servient estate creates the easement Rights of the dominant owner 1. Right to use the property subject of the easement in a manner as not to affect the exercise of the easement Obligations of the servient owner 1.

if the easement was constituted for the community. renunciation of the owner of the dominant estate Modes of Acquiring Ownership Modes of acquiring ownership – the manner or cause by which ownership is transferred Modes of acquiring ownership 1. law 5. prescription – requires a certain number of years All types of mode grant ownership upon its occurrence. such use will not benefit the dominant estate and will not toll the running of the prescriptive period. intellectual creation – product of intellect and skill (newly created) 3. he must acquire that part where the easement falls for the easement to extinguish. Modes of terminating easements: 1. expiration of the term 5. either or both estates fall into such condition that the easement cannot be used 4. prescription by nonuser for ten years • If somebody (not a co-owner) uses the discontinuous easement. not the contract. Article 629 (last sentence) and Article 630 (last clause) – not to do anything in his tenement which will impugn the easement or cause injury to the dominant estate 2. and the running of the prescriptive period is tolled. (Article 633) 3. 2. Execution of a public instrument is considered as constructive delivery. But. Tradition as a mode of acquiring ownership is a result of delivery coupled with title (contracts). tradition – delivery 7. then it doesn’t matter who uses it as long as somebody uses it. However. merger in the same person of the ownership of the dominant and servient estate • The dominant estate need not acquire the entire servient estate. It is tradition which transfers ownership. donation 6.45 Article 629 (2nd paragraph) – expenses for the change in easement 3. Title • • • not sufficient to convey ownership gives cause for the occasion of delivery only grants personal right to compel delivery . performance of a resolutory condition 6. succession – transfer from predecessor to successor 4. occupation 2.

they cannot be acquired by occupation since (1) they are considered as real property and (2) they have owners 3. must involve corporeal properties • lands cannot be acquired by occupation • animals can be acquired by occupation • if the animals are in cages or animal houses. one can exercise dominion over the property Is donation title or mode? For donation of real property. it becomes a problem because what is required is the donation to be in writing. If the property is more than P5. Original Mode of acquiring ownership • does not necessarily mean the object was without a previous owner • ownership not derived from a previous owner Derivative Mode of acquiring ownership • ownership derived from another person Occupation Occupation – acquisition of things appropriable by nature which are without an owner 3 requisites for occupation: 1. the person domesticating them becomes the owner . subject must have the intention to acquire ownership 4. if the property is P5.000. it is mode as the donation is executed in a public instrument.000 or less. object must be appropriable by nature and without an owner (res nullius) 5. compliance with other special requirements of law Wild animals • • • • do not have owners born in the wilderness acquired by occupation Regalian doctrine does not apply as these are not natural resources Domesticated animals • caught in the wilderness and brought into the control of man • important element: acquired the habit of going home to their owners • once domesticated. it is mode as simultaneous delivery is required. actual physical possession 2.46 Mode • • grants real rights over the property once there is mode. For donation of movable property. Simultaneous delivery is not required for the validity of the donation.

finder can appropriate it for himself Donation Elements of Donation 1. owner has 20 days to recover them Domestic animals • without an owner only if abandoned by the owner • no time frame for recovery Fish. so long as they are not enticed by some artifice or fraud Swarm of bees – owner has 2 consecutive days to run after them Lost movables • obligation to return it to the owner (if known) • if unknown. I will donate this land. acceptance by the donee • no one is compelled to accept the liberality of another Different kinds of donation: 1. modal • imposes a burden. which shall be used for educational purposes only 5.47 • if lost. conditional . onerous • governed by the law on contracts • consideration is paid for the thing donated 4. an act of liberality 2. it is owned by the property owner. charge or application on the property (modes) • governed by the law on donations • ex. remunatory • reward for past services which does not constitute a demandable debt 3. sold at public auction 8 days after publication • wait for 6 months after publication for owner to claim it • if no one claims it. pigeons and birds – once they pass to the property of others. disposition of a right or an object • may be real or personal • must be within the commerce of man • must be transmissible 3. simple or pure • without any strings attached • requires nothing from the donee 2. bring it to the mayor and deposit it with him • 2 week publication • if deteriorates.

If the donor reserved the right to revoke the donation at any time. All doubts should be resolved in favor of a donation inter vivos. P5 . mo re than P5. since a donation inter vivos is essentially irrevocable. it is a donation mortis causa. If the donation and acceptance are contained in 1 and the same document.000 or less – oral or writing plus delivery Transfer ownership during donor’s lifetime Mortis Causa After the death of the donor For wills Intent Transfer ownership donor’s death upon Element of death is very important in donations mortis causa.48 • • • condition is imposed for the donation to take effect condition may be suspensive or resolutory ex.000 – in writing b. I will give you P1 million if you pass the bar Article 764 talks of revocation of the donation if the conditions are not fulfilled. Effectivity Formality Inter Vivos During the lifetime of the donor Real property – public instrument Personal property: a. Does Article 764 speak of modal or a conditional donation? Modal. Imposition of a resolutory condition dependent on the donor’ survival does not mean it is a donation mortis causa. There must be a showing that the donor intended to transfer ownership upon his death Actual physical delivery of the thing donated is not an indicator that the donation is inter vivos or mortis causa. Object of donations • property or right • cannot donate future property (must have the property at the time of the making of the donation). the donation is perfected upon the execution of the instrument. except in donations mortis causa When is the donation perfected? There must be acceptance of the donation by the donee and the donor has notice of the acceptance by the donee. Imposition of a suspensive condition which will not happen during the donor’s lifetime does not mean it is a donation mortis causa. .

for donation inter vivos – upon making of the donation. during the marriage – to protect creditors 2. for donation mortis causa – upon the making of the donation. the donation is perfected once the donor knows of the acceptance in writing. those found guilty of the same criminal offense.49 If the donation and acceptance are contained in 2 different instruments. descendants or ascendants by reason of his office 5. Adoption. in consideration thereof – may be made before or after the commission of the crime. only relative disqualifications 1. Qualifications: 1. charge or obligation. between persons who are guilty of adultery or concubinage at the time of the making of the donation – need not be in consideration of the relationship 3. disqualified from inheriting by will – witnesses of a will who are disqualified to receive legacies or devices in a will are not disqualified to receive donations. which is the perfection of the donation. since donations do not require witnesses Revocation Donations inter vivos – irrevocable in character Donations mortis causa – revocable at will Grounds for revocation 1. Birth. those made to a public officer or his wife. donor • • • • 18 years of age not insane not under civil interdiction capacity must be present: i. Reappearance of a child . for donations inter vivos – upon perfection of the donation ii. donee Disqualifications – no absolute disqualifications. between spouses. but conviction is required 4. 2. unless the donation imposes a burden. for donations mortis causa – at the time the succession opens\ • Court approval is not necessary if the guardian accepts the donation on behalf of his ward. which occurs upon the execution of the will • alive or conceived at the time of the making of the donation i. and perfection occurs when the donation is accepted and the acceptance is made known to the donor ii.

the donor has a child. donee unduly refuses to render support to the donor when the donee is legally or morally bound to give support to the donor . even though he should prove it. imputation to the donor of any criminal offense. the donor did not have any child or did not know that he had a child • After the donation. the spouse or children under the donor’s parental authority ii. and it was possible for him to bring the action • grounds: i. his wife or children under his parental authority . whether legitimate. unless the crime or the act has been committed against the donee himself.50 At the time the donation was made. honor.occurs when the donee acts as plaintiff or witness against the donor . in which case the remaining period shall apply to the donor’s heirs • Reduction shall be based on the inofficiousness of the donation 2. non-fulfillment of the conditions 3.truth is not a defense iii. illegitimate or legitimated • Period of 4 years from the time of birth. adoption or reappearance to revoke the donation • Transmissible to the heirs of the donor if the donor died within the 4 year period. ingratitude • purely personal to the donor and the donee for failure of the donee to show loyalty to the donor • cannot be passed to the donor’s heir • period of 1 year from knowledge of the act of ingratitude. or property of the donor. or any act involving moral turpitude. commission of an offense against the person.refusal must be justified • .

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