ACCESSION

Art 440
The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated
or attached thereto, either naturally or artificially.

GENERAL PROVISIONS

Definition
• Accession is the right of the owner of a thing to become the owner of everything that is produced thereby, or incorporated
or attached thereto

Accession v Accessory
• Accession
◦ fruits of, or additions to, or improvements upon a thing, which also includes:
▪ Accession in three forms of building, planting and sowing
▪ Accession natural such as alluvion, avulsion, change of course of rivers and formations of islands
◦ not necessary to the principal thing
• Accessories
◦ things joined to, or included with, the principal thing for the latter’s embellishment, better use or completion
◦ necessary to the principal thing
◦ Examples: Key of a house, bow of a violin

Nature
• Accession, not a mode of acquiring ownership
◦ Not included in the enumeration of the different modes of acquiring ownership (Book III CC)
◦ It presupposes a previously existing ownership by the owner over the principal
◦ Accession is a right implicitly included in ownership, without which it will have no basis or existence
• Accession is an exercise of the right of ownership
◦ It is an extension of dominion over a principal thing to an accessory
• Since the law itself gives the right, accession may, in a sense, be considered as a mode of acquiring property under the law
• Right to accession is automatic requiring no prior act on the part of the owner of the principal

Kinds
1. Accession discreta
◦ Extension of the right of ownership of a person to the products of a thing which belongs to such person
◦ Based on the principle of justice — It is just that the owner of a thing should also own its fruits
◦ Includes natural, industrial and civil fruits (Art 441)
2. Accession continua
◦ Extension of the right of ownership of a person to that which is incorporated or attached to a thing which belongs
to such person
◦ Based on convenience and necessity — More practical that the owner of a principal should also own the accessory
than establishing co-ownership
◦ May take place:
▪ With respect to real property/immovables:
1. accession industrial
▪ building
▪ planting
▪ sowing
2. accession natural
▪ alluvium
▪ avulsion
▪ change of course of rivers
▪ formation of islands
▪ With respect to personal property/movables
1. adjunction or conjunction
▪ inclusion (engraftment)
▪ soldadura (attachment)
▪ tejido (weaving)
▪ pintura (painting)
▪ escritura (writing)
2. misture (confusion — liquids; commixtion — solids)
3. specification

Right of OWNER to the Fruits (441-412, 444)

• GR: All fruits belong to the owner of the thing
• XPN: A person, other than the owner of a property, owns the fruits thereof:
1. Possession in good faith — possessor in good faith entitled to the fruits received before possession is legally
interrupted

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 2. Usufruct — usufructuary is entitled to all fruits of the property on usufruct
3. Lease of rural lands — lessee is also entitled to the fruits of the land; Owner gets civil fruits in the form of rents
4. Pledge — pledgee entitled to to receive the fruits, income, dividends or interests which pledge earns or produces
5. Antichresis — creditor acquires the right to receive the fruits of an immovable of his debtor

• Kinds of Fruits:
1. Natural Fruits
▪ Spontaneous products of the soil (i.e. not through human cultivation or labor)
▪ Young and other products of animals (e.g. chicks, eggs, wool, milk, etc.)
▪ still considered natural fruits whatever care, management scientific or otherwise, may have
been given by man since the law makes no distinction
▪ Owner of a female dog is owner of its young by accretion
2. Industrial Fruits
▪ Those produced through human cultivation or labor
▪ Examples:
▪ Grass, although a natural fruit, but is considered as industrial when cultivated as food for horses
▪ Wild mushrooms — natural; Cultivated mushrooms — industrial
▪ Standing trees — natural; When cultivated or exploited to carry on an industry — industrial
3. Civil Fruits
▪ Rents of buildings
▪ Prices of lease (rents) of lands and other property, including movables
▪ Amount of perpetual or life annuities or similar income

• Only such as are manifest or born can be considered as natural or industrial fruits. With respect to animals, it is
sufficient that they are in the womb of their mother, although unborn. (444)
1. Examples
▪ Plants which produce on crop then perish (corn, rice sugar) — deemed manifest form the time the
seedlings appear from the ground
▪ Plants and trees which live for years and give periodic fruits — fruits not deemed existing until they
actually appear on the plants or trees
▪ Animals — deemed existing at the beginning of the maximum ordinary period of gestation (considered
natural fruits only if existing in the womb of the mother, though unborn)
▪ Fowls — fact of appearance of the chicks should retroact to the beginning of incubation
▪ Products of the soil — only if existing or visible

Obligation of RECEPIENT of Fruits (Art 443)

• Art 443 applies when:
1. Owner of property recovers the property from a possessor and the possessor has not yet received the fruits
although they may have already been gathered or harvested; or
2. The possessor has already received the fruits but is ordered to return the same to the owner
• In both cases, the owner is obliged to reimburse the previous possessor for the expenses incurred by the latter.
• If possessor in Bad Faith
1. Owner cannot excuse himself from his obligation by alleging bad faith on the part of the possessor because the
law makes no distinction
• Good Faith/Bad Faith applicable when:
1. The goods are still to be gathered at the time he gave up his possession
2. A BPS in bad faith has no right of reimbursement for expenses, nor to the fruits. Only for the necessary expenses
of preservation of land.
• If the expenses exceed the fruits
1. Owner must pay the expenses just the same because the law makes no distinction
2. NOTE: The owner only pays for the expenses for production, gathering and preservation – not improvement.

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 RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY

General Rule (Art 445 & 446)

• Accessory follows the principal
◦ The land is the principal and what is built, is the accessory
• XPN: Improvements made on the separate property of the spouses (Art 120 FC)

Basic Principles
• Accession follows the principal
◦ Owner of the latter acquires the ownership of the owner
• Incorporation or union must be intimate
◦ Removal or separation can not be effected without substantial injury to either or both
• Effects of good faith and bad faith
◦ Person who acts in bad faith has no rights
◦ but, any person is entitled to reimbursement for necessary expenses of preservation, cultivation, gathering,
preservation
• Effects where both parties in bad faith
◦ Bad faith of one neutralizes the bad faith of the other
• Principle against unjust enrichment
◦ No one should unjustly enrich himself at the expense of another

Applicability of 445 & 446

• Art 445 — Whatever is built, planted or sown on the land of another and the improvements or repairs made
thereon, belong to the owner of the land, subject to the provisions of the following articles.
◦ The owner of the land must be know for this article to apply
◦ Definitions
▪ Building – generic term for all architectural work with roof built for the purpose of being used as man’s
dwelling, or for offices, clubs, theaters, etc.
▪ Repairs – putting of something back into the condition in which it was originally in (not an
improvement)
• Art 446 — All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is
proved.
◦ Disputable presumptions:
▪ The works, sowing and planting were made by the owner
▪ They were made at the owner’s expense
◦ He who alleges the contrary of the presumptions established in 446 has the burden of proof

Rules when landowner uses materials of another to build on his land (447)
• If he acted in Good Faith
◦ He becomes the owner of the materials, but shall pay for their value (466)
◦ XPN: If owner of the materials can remove without injury to the for make or the plants
• If he acted in Bad faith
◦ He becomes the owner of the materials but he shall be obliged:
1. to pay their value
2. pay damages
◦ XPN: If owner of the materials decides to remove them whether or not destruction would be cause
• How about the Owner of Materialss?
◦ If landowner acted in Good Faith
1. Owner of materials entitled to reimbursement — provided he does not remove them
2. He is entitled to removal — provided there is no substantial injury caused
◦ If landowner acted in Bad Faith?
1. Owner of materials entitled to absolute right of removal and damages — regardless of any injury is
caused
2. Reimbursement and damages — if he does not remove the materials
• What if the Owner of Materials acted in bad faith?
◦ The landowner would not only be exempted from reimbursement, but he would also be entitled to consequential
damages
◦ The owner of the materials would lose all rights to them, such as the right of removal, regardless of whether or not
substantial injury would be caused

Rules when B/S/P builds/sows/plants on a land not belonging to him

1. B/S/P IN GOOD FAITH (448)
◦ Good Faith
▪ Applies only to a possessor in good faith — one who builds, sows, plants on land in the belief that he is
the owner of the land, or at least, has a claim of title.
1. Does not apply where one’s interest in the land is merely that of a holder such as a tenant or
lessee under a rental contract, an agent, or a usufructuary — the have no adverse claim or title
to the land.

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 ▪ Good faith is presumed
1. He who alleges bad faith on the part of the builder, sower, planter has the burden of proof (527)
▪ The provision makes no distinction between public and private lands
◦ Option Given to Landowner
▪ Options:
1. To appropriate the improvements upon payment of the required indemnity based on its present
or current value (546, 548, 448) — includes necessary, useful and luxurious expenses
▪ If LO chooses Option 1, the BSP can not exactly be considered a possessor in good
faith
▪ Liability of Builder to Account for Fruits Received
▪ If the improvements are leased to another by the builder
▪ whatever fruits he received during period of retention must be
deducted from whatever indemnity is due to him; If it exceeds the
value of the indemnity, the excess shall be returned to the LO
▪ If the building is occupied by the builder himself who acted in GF
▪ the LO has no right to collect rents for the occupation of the land
while the latter retains the building
2. To oblige the builder/planter to pay the price of the land, and the sower to pay the proper rent,
unless the value of the land is considerably more than the value of the building or trees
▪ This right can not be exercised if the land’s value is considerably more than the value
of the buildings or trees
▪ LO may elect to lease the land and they may agree upon the terms and failure
of which, they can seek the Court to fix
▪ Fixing of the Price
▪ Sell the land/Buy the improvement — Price fixed at the prevailing market
value at the time of payment
▪ Remedies of LO if BP refuses or fails to pay
▪ Vacate the subject portion and pay reasonable rent from the time BP made
their choice up to the time they actually vacate the premises
▪ They may assume the relation of lessor-lessee; if there is disagreement with
the terms, the Court could fix them
▪ They may sell the property at public auction and apply the proceeds of the
sale to the (1) value of the land and the (2) improvements
▪ If no other arrangement, the LO does NOT automatically become the owner
of the improvement.
▪ LO remedy is an ordinary action for the recovery of the price of the
land or have the improvements removed at the Builder’s expense
▪ Owner’s choice shall produce effect from the time it has been communicated to the other party
1. Once made, it can not be changed without the latter’s consent
▪ Reason for the Option
1. 

◦ Right of Landowner to Remove or Demolish Improvement
▪ The LO is entitled to such removal ONLY when after having chosen to sell his land, the other party fails
to pay the same
▪ LO can not refuse to exercise his right of choice and compel the builder to remove or demolish the
improvement. He must choose one.
1. An order by a Court compelling the BP in GF to remove his building or plant from a land
belonging to another who chooses neither of the options is null and void in violation of Art 448
◦ Builder’s/Sower’s/Planter’s Right to Retain Improvement
▪ BSP may retain both the land and the improvements, even against the real owner, until the indemnity
(includes necessary and useful expenses) has been paid in full by the LO who has elected to appropriate
the improvements
▪ The LO is prohibited from offsetting or compensating the necessary and useful expenses with the fruits
received by the builder-possessor in good faith
▪ The right of retention rule only applies to Private Lands
▪ If improvements destroyed by a fortuitous event without LO’s fault
1. basis for the BSP’s right to retain is extinguished and the only recourse if to vacate the premises
and deliver to the LO
▪ If the BSP is in Bad Faith
1. He loses what he has built, sown, planted without right to any indemnity
◦ Effect of Alienation by Owner of the Land with Improvements
▪ GR: Purchaser as the owner of the land is entitled to all improvements existing thereon
1. XPN: If improvement was built/sown/planted by a BSP, other than the land owner, in Good
Faith
▪ A purchaser who buys land with improvements belonging to another knowing such fact, places himself
in a position of an owner of a land who has acted in Bad Faith.



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2. B/S/P IN BAD FAITH (449-452)
◦ Instances of Bad Faith
▪ Rodrige
◦ Consequences of Bad Faith (449-450)
▪ build, plant, sow in bad faith on the land of another
1. BSP loses what is built, planted or sown without right to indemnity
◦ Rights of BSP in Bad Faith (452)
▪ Entitled to reimbursement for the necessary expenses of preservation of the land
1. Necessary expenses for preservation of the land:
▪ Those for defense work to prevent erosion of part of the land
▪ Those for litigation in defense of the land against claims or usurpers
▪ Real property taxes because their non-payment may result in the public sale of the
land
▪ Possessor in Bad Faith has no right to retention
▪ No right to the Fruits (443)
◦ Rights of OWNER of the Land (450-451)
▪ Appropriate what has been built, planted, sown in bad faith, without any obligation to pay any
indemnity except for necessary expenses for the preservation of the land (452) plus damages
▪ Demand demolition of the work or planting or sowing be removed at the BSP’s expense plus damages
▪ Compel the BUILDER or PLANTER to pay the price of the land, whether or not the value of the land is
considerable more than the value of the improvements
▪ Compel the SOWER the proper rent, plus damages
3. LANDOWNER AND B/S/P BOTH IN BAD FAITH (453)
◦ Where both parties acted in Bad Faith, it shall be considered as if they both acted in Good Faith.
◦ LO in Bad Faith:
▪ Whenever the act was done with his knowledge and without opposition on his part
◦ B/S/P in Bad Faith:
▪ If he builds knowing the land does not belong to him, and that he has no right, permission or authority
to do so
4. LANDOWNER IN BAD FAITH, B/S/P IN GOOD FAITH (454)
◦ LO in Bad Faith when:
▪ Whenever the act was done with his knowledge and without opposition on his part (453)
◦ 447 is applicable — it is as if the LO built on his land in Bad Faith with the material of another
▪ LO should pay the value of the materials, plus damages
▪ XPN: If owner of the materials decides to remove them whether or not destruction would be cause
5. LANDOWNER, BUILDER AND OWNER OF MATERIALS ARE DIFFERENT PERSONS (455)
◦ Owner of Materials acted in Good Faith, regardless of the GF/BF of the others
▪ Entitled to reimbursement for the value of the materials principally from the BSP
1. If BSP is insolvent, LO is subsidiarily liable — he benefitted by accession when he appropriates
what is built, sown, planted
◦ Owner of Materials acted in Bad Faith, but the others in Good Faith
▪ Bad Faith: Materials were used with his knowledge and without opposition on his part
1. He forfeits his rights to his materials without the right to be indemnified (449) and makes
himself liable for any consequential damages
◦ Only BSP acted in Bad Faith
▪ If LO appropriates the accession, the BSP shall be principally liable to the owner of the materials for their
value, plus damages
1. If BSP insolvent, the LO shall be subsidiarily liable to the Owner of Materials, but not for
damages for he acted in GF
2. The BSP will also be liable to the LO
◦ Only LO acted in Good Faith
▪ LO can exercise his alternative rights in Art 449 & 450 with a right to demand damages from both
▪ Between the Owner of Materials and BSP — treated as having both acted in good faith
1. Owner of Materials entitled to be reimbursed by the BSP
▪ The LO is not subsidiarily liable to the Owner of Materials or the BSP
◦ All acted in Bad Faith
▪ The rights shall be the same as though all of them acted in Good Faith
◦ LO is subsidiarily liable if these requisites are present:
▪ Owner of Materials no acted in Bad Faith
▪ BSP is insolvent
▪ LO appropriates the accession to himself
◦ Right of BSP who pays Owner of Materials
▪ Seek reimbursement from the LO for the value of the materials and labor, if requisites are present:
1. BSP acted in Good Faith
2. LO appropriates the improvement
▪ If LO acted in Bad Faith
1. LO pays the value of the materials, plus damages

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 2. The BSP or the Owner of Materials may remove them, whether or not injury would be caused,
plus damages
6. GOOD FAITH & NEGLIGENCE (456)
◦ Good Faith does not necessarily exclude negligence
◦ Party guilty of Negligence shall be liable for the damage done in accordance with the rule on culpa aquiliana or
quasi-delict (2176)

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