Property Pre-Bar Notes – Atty. Melissa Romana P.

Suarez 1

CIVIL LAW REVIEW

PROPERTY
Pre- Bar Notes
Atty. Melissa Romana P. Suarez

Classification of Things According to the Nature of their Ownership:

1 Res Belonging to NO ONE – for the reason that they:
Nullius 1 Have not yet been appropriated – such as fish swimming in the sea or wild
animals, or
2 Have been abandoned by the owner w/ the intention if no longer owning
them
2 Res Belonging to EVERYONE
Commun 1 While in particular, no one owns common property, in another sense, res
es communes are really owned by everyone in that their use and enjoyment
are given to all mankind
2 Examples – the air we breathe, the wind, the sunlight and the starlight
3 Res Belonging to SOMEONE
Alicujus 1 These are objects, tangible or intangible, which are owned privately, either
in a collective or individual capacity
2 Because they can be owned, they should be considered as property

Characteristics of Property
1 UTILITY for the satisfaction of moral or economic wants
2 SUSCEPTIBILITY of appropriation
3 INDIVIDUALITY or SUBSTANTIVITY – it can exist by itself, and not merely as a part of a
whole, hence, the human hair becomes property only when it is detached from its owner

Classification of Immovable Property:

1 By NATURE
Those that cannot be moved from place to place because of their nature, example:
1 Land
2 Quarries
3 Trees
2 By INCORPORATION
Those which are essentially movables but when ATTACHED to an immovable becomes an
integral part of the same
3 By DESTINATION or PURPOSE
Those w/c are essentially movables but for the purpose for w/c they have been place, they
become immovable, example:
1 Machinery placed by the owner of a tenement on it for direct use in an industry to be
carried on therein
4 By ANALOGY or LAW – such as:
1 the right of usufruct
2 a contract for public works
3 easement or servitudes
4 sugar quotas
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 2

Distinctions
Art. 415 [3] Art. 415 [4]
Real property by INCORPORATION as the fact 1 May either be real property by
of incorporation determines the nature of the INCORPORATION or by DESTINATION
thing
Cannot be separated from an immovable 2 Can be separated from the immovable
without breaking or deterioration [has the without breaking or deterioration
character or permanence]
Need not be placed by the owner 3 Must be placed by the owner, or by his
agent, express or implied

Art. 415[5]
1 General Rule
Machinery attached to the land is considered immovable when:
1 It is placed by the owner of the immovable, his agent or duly authorized representative
2 It is placed for an industry or work which is carried on in the building or land
3 The machine tends to directly meet the needs of such industry or work
4 The machine is essential to the industry or work and not merely incidental
2 Exception -
When the machinery is placed on the land or tenant by a mere tenant, it is considered as
movable property
3 Exception to Exception – when:
1 The tenant had promised to leave the machinery on the tenement or the land even after
the lease expires, or
2 The tenant acted only as an agent of the owner of the land

Three (3) Kinds of Property of Public Dominion:

1 For PUBLIC USE – may be used by anybody such as:
1 Public streams
2 Natural riverbeds
3 River Channels
4 Creeks
5 All lands thrown up by the sea and formed by accretion
6 Lands reclaimed from the sea by the government
7 Private lands invaded by waters or waves of the sea and converted into portions of the
shore or beach
8 Streets
9 Foreshore lands – space alternately covered and uncovered by the movement of the
tides [although originally private land]
2 For PUBLIC SERVICE – may be used only by duly authorized persons, such as:
1 National government buildings
2 Army vessels
3 For the DEVELOPMENT of NATIONAL WEALTH – such as:
1 Natural resources
2 Forest lands
3 Mineral lands
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 3

Distinctions:
As to: Doctrine of Self- Forcible Entry Unlawful Detainer
Help Art. 429
Who has the The owner or lawful Any person deprived of The lessor, vendee,
right possessor of a thing possession through vendor or person
FISTS against whom
possession of any
land or building is
unlawfully withheld
What is the To use force To file a case against the To file a case against
right reasonably necessary person who unlawfully the person unlawfully
to repel or prevent deprived him of withholding the
actual or threatened possession property
unlawful physical
invasion or usurpation
of his property
When does the When there is After he is unlawfully After possession by
right exist threatened or actual deprived of possession another becomes
unlawful physical through FISTS unlawful
invasion or usurpation
of his property
When does the When the invasion or One year after he is One year after
right end usurpation of his unlawfully deprived of possession has
property has been possession become unlawful
completed
What is the Any of the actions to Accion publiciana Accion publiciana
remedy when recover his property
the right ends

Distinctions
Art. 429 As to: Art.430
Doctrine of Self-Help State of Necessity
The owner or lawful possessor of Who has the The person who interferes with a thing
the thing right? belonging to another
To use force What is the To interfere with something belonging
right? to another
1 There must be a threatened or Requisites for 1 The INTERFERENCE is NECESSARY
actual invasion or usurpation validly to avert imminent danger
of one’s property exercising the
2 The force employed must be right 2 The THREATENED DAMAGE,
reasonably necessary to compared to the damage arising to
prevent or repel such invasion the owner from the interference, is
or usurpation MUCH GREATER
NO. W/N Liability The owner may demand from the
exists person benefited indemnity for the
damage caused to him
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 4

Art. 448
1 Characters
1 Landowner [LO]
2 Builder, Planter or Sower [BPS]
2 Situation
1 BPS builds, sows or plants on land of another [LO]
2 LO is in GOOD faith
3 BPS is in GOOD faith
3 Rights of the Landowner
1 To APPROPRIATE for himself the works, sowing or planting after he pays BPS
the proper indemnity, or
1 Here ownership of the works, sowing or planting passes to LO only after payment
of indemnity to BPS has been made,
2 Being in good faith – BPS has the right to RETENTION until indemnified by LO [Art.
546]
3 If LO decides to appropriate, he becomes indebted monetarily to BLS – his duty
becomes a monetary obligation
2 To OBLIGE:
1 The BP to PAY the price of the land, BUT if the value of the land is considerably more
than that of the building or trees:
1 LO cannot oblige BP to buy the land,
2 LO can only compel BP to pay reasonable rent;
2 The Sower to pay the proper RENT
3 Limited Right of Removal [Ignacio v. Hilario] – This can only be availed of when
after having opted to sell the land to BP, BP fails to pay for the land

Rights and Obligations of Landowner when BPS is in Bad Faith

Art. 443 – Gathered Crops

Right Obligation
To receive/appropriate whatever was built, To pay the BPS the expenses of:
planted or sown 1 Production,
2 Gathering, and
3 Preservation of the gathered crops

Art. 449-450 – Pending Crops

Right Obligation
1 To appropriate was has been built, planted or To reimburse the BPS in bad faith the
sown on his property [Art. 449] + damages necessary expenses for the preservation
[Art. 451] of the land [Art. 452]
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 5

2 To demand that the BPS in bad faith, at his None

own expense:
1 Demolish the building + damages [Art.
451], or
2 Remove the planting or sowing [Art. 450]
+ damages [Art. 451]
3 To compel the: None
1 Builder or planter to pay the price of the
land [w/n the price of the land is
considerably more than that value of what
was built and planted] + damages [Art.
451], or
2 Sower to pay the proper rent [Art. 450] +
damages [Art. 451]

Art. 476-477 – Requisites for Quieting of Title:

1 The plaintiff must have legal or equitable TITLE to, or interest in the REAL property which
is the subject matter of the action
2 There EXISTS a cloud or doubt on his title
3 The cloud exists by reason of any: [PRICE]
1 Instrument
2 Record
3 Claim
4 Encumbrance
5 Proceeding
4 The PRICE is APPARENTLY VALID on its face
5 But in truth and in fact, the PRICE is
1 Invalid
2 Ineffective
3 Voidable
4 Unenforceable,
5 Extinguished or terminated, or
6 Barred by extinctive prescription
5 The PRICE may be PREJUDICIAL to the TITLE

Rights of a Possessor Regarding FRUITS

Possessor in GOOD Possessor in BAD Faith
Faith
1 Gathered Owns them [Art. 1 Should return the value of the fruits already
Fruits 544] received [Art. 549]
2 Is liable for damages [Art. 443 & 546]
3 Is entitled to reimbursement of expenses for
production, gathering and preservation of fruits
[Art. 443]
2 1 No rights at all
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 6

Pending Pro-rating of net 2 Liable for damages

Fruits [After harvest, expenses
Legal and charges [Art.
Interruption 545]
]

Rights of a Possessor Regarding EXPENSES

Rights of the Possessor
Good Faith Bad Faith
Expenses Refund Retain Remove Refund Retain Remove
Necessary Yes Yes N/A Yes N/A N/A
Art. 546 Art. 546 Art. 542
Useful Yes – amount Yes Yes – except N/A N/A N/A
of expense or Art. 546 when owner
increase in exercises
value Art. 546 option to
refund
Luxurious N/A N/A Yes – except N/A N/A Yes, except if
when owner Art. 549 Art. 549 owner opts to
opts to refund pay its value

Rules When the BUILDING is DESTROYED in any Manner BEFORE the EXPIRATION of the
USUFRUCT [Art. 607]:
If the Usufruct is BOTH on If the Usufruct is on the
Building and Land Building Alone
Usufruct on the Ends Ends
building
Usufruct on the land Continues
What the usufructuary Use of the: Use of the:
can still enjoy 1 land, and 1 land, and
2 Remaining materials of the 2 remaining materials of the
building building
If the naked owner 1 Rights of the Naked Owner
wants to rebuild: -
1 To occupy the land
2 To make use of the
materials
2 Obligation of the Naked
Owner – to pay the
usufructuary the legal
interest upon the sum
equivalent to the value of
the land and materials
If usufructuary does Usufructuary – because the land Naked Owner – because there
not agree to is still his for the remaining was no usufruct over the land
rebuilding, whose period
decision will prevail?

Art. 608 – What Happens to the Insurance Proceeds After the Building is Destroyed
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 7

Usufructuary Contributed to the Only the Naked Owner Paid the Insurance
Insurance Premiums Premiums
Usufruct is on the Usufruct is on Usufruct is on the Usufruct is on
Building Alone BOTH the Land & Building Alone BOTH the Land &
Building Building
1 If the naked owner REBUILDS – the The usufruct
usufruct CONTINUES on the new building continues with
– BUT if the value of the building is: respect to the land
1 LESS than the insurance indemnity – and the materials
usufructuary is entitled to the legal
interest as to the difference
2 MORE than the insurance indemnity –
naked owner is not entitled to any
interest as to the difference
2 If the naked owner DOES NOT rebuild – The naked owner is entitled to the whole
1 Naked owner – gets the insurance proceeds of the insurance indemnity [with no
indemnity obligation to give the interest to
usufructuary]
2 Usufructuary – entitled to the interest
thereon
If the naked owner If the naked owner The naked owner The naked owner
wants to rebuild and wants to rebuild and may rebuild with or cannot rebuild
usufructuary refuses usufructuary refuses without the consent without the consent
– naked owner – usufructuary of the usufructuary of the usufructuary
prevails because prevails because the
there was no usufruct over the
usufruct over the land still continues
land
If the naked owner In case the naked If the naked owner If the naked owner
does not rebuild: owner does not rebuilds – he must builds with the
rebuild: pay interest on the consent of the
value of the land and usufructuary:
1 Usufructuary is 1 Usufructuary is the old materials that 1 there is no
entitled to entitled to interest may have been used usufruct over the
interest on the on the insurance new building,
insurance indemnity
indemnity
2 Naked owner gets 2 Naked owner gets 2 BUT the naked
the insurance the insurance owner is liable to
indemnity indemnity pay the
3 Usufructuary is 3 Usufruct usufructuary
entitled to the use continues with interest over the
of the land respect to the land land and
and materials materials

Distinctions - Donatios
Intervivos As to: Mortis Causa
During the lifetime of the donor Time it takes After the death of the donor
effect
Of donations [if simple] Formalities Of wills and codicils
 Property Pre-Bar Notes – Atty. Melissa Romana P. Suarez 8

No, except for grounds provided W/N it can be Yes, at any time, for any reason
by law revoked while the donor is alive
Preferred over donations mortis What happens Reduced ahead of donations inter
causa [priority in time is priority when legitime is vivos since it is really a legacy or
in right] impaired devise
Yes, because ownership is W/N donee can No, because ownership is only
transferred immediately, dispose of the transferred upon the death of
although certain reservations donation donor
such as usufruct may be made
Must be done during the lifetime Acceptance Must be done only AFTER the
of the donor donor’s death [ any prior
acceptance is void]