2 Property

26 2005 CENTRALIZED BAR OPERATIONS
PROPERTY
PROPERTY with the intention to have them
 All things which are, or may be the permanently attached to the land,
object of appropriation and forming a permanent part of it;
the animals in those places are
 Requisites: (USA) included;
1. utility 8. fertilizer actually used on a piece of
2. substantivity or individuality land;
3. appropriability 9. mines, quarries and slag dumps,
while the matter thereof forms part
I. of the bed, and waters either
A. IMMOVABLE PROPERTIES running or stagnant;
1. land, buildings, roads and 10. docks and structures which, though
constructions of all kinds adhered to floating, are intended by their
the soil; nature and object to remain at a
2. trees, plants and growing fruits, fixed place on a river, lake or coast;
while they are attached to the land and
or form an integral part of an 11. contracts for public works, and
immovable; servitudes and other real rights over
3. everything attached to an immovable immovable property
in a fixed manner in such a way that
it cannot be separated therefrom  Categories: (NIDA)
without breaking the material or 1. Real by nature – it cannot be
deterioration of the object; carried from place to place
4. statues, reliefs, paintings or other (pars. 1 & 8, Art. 415, Civil
objects for use or ornamentation, Code)
placed in buildings or on lands by the 2. Real by incorporation – attached
owner of the immovable in such a to an immovable in a fixed
manner that it reveals the intention manner to be an integral part
to attach them permanently to the thereof (pars. 1-3 Art. 415, Civil
tenements; Code)
5. machinery, receptacles, instruments 3. Real by destination – placed in a
or implements intended by the n immovable for the utility it
owner of the tenement for an gives to the activity carried
industry or works which may be thereon (pars. 4-7 and 9 Art.
carried on in a building or on a piece 415, Civil Code)
of land, and which tend directly to 4. By analogy it is so classified by
meet the needs of the said industry express provision of law (par. 10,
or works; Art. 415, Civil Code)
Requisites:
a. made by owner B.MOVABLE PROPERTIES
b. industry or works carried on
building or on land 1. those movables susceptible of
c. machines, etc must tend directly appropriation which are not included
to meet needs of the industry or in the preceding article;
works 2. real property which by any special
d. machines, etc. must be essential provision of law is considered as
and principal elements of the personalty;
industry. 3. forces of nature which are brought
6. animal houses, pigeon-houses, under control of science;
7. beehives, fishponds or breeding 4. in general, all things which can be
places of similar nature, in case their transported from place to place
owner has placed or preserved them, without impairment of the real
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
property to which they are fixed; as immovables.

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

4. Not subject to attachment or the State and any of its political
execution subdivisions which are patrimonial in
5. Cannot be burdened with nature
easements  Muebles or furniture generally has
for its principal object the furnishing
NOTE: They cannot be registered under or ornamenting of a building. Note
the land registration law and be the that there are exceptions to this
subject of a Torrens title. The character definition and are generally not
of public property is not affected by included as furniture unless the law
possession or even a Torrens Title in or the individual’s declaration
favor of private persons. (Palanca vs. include them.
Commonwealth, 69 Phil. 449).
OWNERSHIP
B. PATRIMONIAL PROPERTY OF THE  The right to enjoy, dispose, and
STATE recover a thing without further
 Property of the State owned by it in limitations than those established by
its private or proprietary capacity. law or the will of the owner.
 the state has the same rights over
this kind of property as a private  Rights included:
individual in relation to his own 1. Right to enjoy: (PUFA)
private property a) to possess (jus possidendi)
b) to use (jus utendi)
C. PROPERTY OF LOCAL GOVERNMENT c) to the fruits (jus fruendi)
UNITS (LGUs) and accessions
1. Property for public use – consist of d) to abuse (jus abutendi)
roads, streets, squares, fountains, 2. Right to dispose: (DATE)
public waters, promenades and a) to destroy
public works for public service paid b) to alienate
for by the LGUs c) to transform
2. Patrimonial Property – all other d) to encumber
property possessed by LGUs without 3. Right to vindicate: (RP)
prejudice to provisions of special a) pursuit
laws b) recovery
4. Right to exclude: (ER)
NOTE: In the case of Province of a) to enclose, fence and delimit
Zamboanga Del Norte vs. City of b) to repel intrusions even with
Zamboanga, the Supreme Court force
categorically stated that “this court is
not inclined to hold that municipal  Characteristics: (EGEIP)
property held and devoted to public 1. Ownership is Elastic – power/s may
service is in the same category as be reduced and thereafter
ordinary private property. The automatically recovered upon the
classification of municipal property cessation of the limiting rights.
devoted for distinctly governmental 2. General – the right to make use of
purposes as public should prevail over all the possibilities or utility of the
the Civil Code in this particular case”. thing owned, except those attached
Here, the Law of Municipal Corporations to other real rights existing thereon.
was considered as a special law in the 3. Exclusive – there can only be one
context of Article 424 of the NCC. ownership over a thing at a time.
There may be two or more owners
D. PROPERTY OF PRIVATE OWNERSHIP but ONLY ONE ownership.
 refers to all property belonging to 4. Independence – It exists without
private persons either individually or necessity of any other right
CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy
Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
5. Perpetuity – ownership lasts as long  REPLEVIN - remedy when the

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

premises until he 2. The finding was made by chance;
was deprived 3. The finder is not a co-owner of
thereof by the the property where it is found;
defendant
4. The finder is not a trespasser;
As to when the 1 year period is counted
5. The finder is not an agent of the
from
1 year period is 1 year period is
landowner;
generally counted counted from the 6. The finder is not married under
from the date of date of last the absolute community or the
actual entry on demand or last conjugal partnership system
the land letter of demand (otherwise his share belongs to
the community).
b. ACCION PUBLICIANA
 Nature: Ordinary civil ACCESSION
proceeding to recover the better  The right by virtue of which the
right of possession, except in owner of a thing becomes the owner
cases of forcible entry and of everything that it may produce or
unlawful detainer. The involved which may be inseparably united or
is not possession de facto but incorporated thereto, either
possession de jure. naturally or artificially.
c. ACCION REIVINDICATORIA  Classifications:

 Nature: action to recover real 1. Accession Discreta – the right
property based on ownership. pertaining to the owner of a thing over
Here, the object is the recovery everything produced thereby
of the dominion over the
property as owner. Kinds of Fruits
 Requisites: a. natural fruits – spontaneous
1. Identity of the Property products of the soil and the
2. Plaintiff’s title to the young and other products of
property animals
b. industrial fruits – those produced
Surface Rights by lands of any kind through
 The owner of parcel of land is the cultivation or labor
owner of its surface and everything c. civil fruits – rents of buildings,
under it. price of leases or lands and the
 The economic utility which such amount of perpetual or life
space or subsoil offers to the owner annuities or other similar income
of the surface sets the limit of the
owner’s right to the same. GENERAL RULE: To the owner
belongs the natural, industrial, and
HIDDEN TREASURE civil fruits.
 Definition: any hidden or unknown EXCEPTIONS: If the thing is:
deposit of money, jewelry or other (PULA)
precious objects, the lawful a) in possession of a possessor in
ownership of which does not appear. good faith;
GENERAL RULE: It belongs to the b) subject to a usufruct;
owner of the land, building or other c) leased or pledged; or
property on which it is found. d) in possession of an antichretic
EXCEPTIONS: The finder is entitled to creditor
½ provided:
1. Discovery was made on the 2. Accession Continua – the right
property of another, or of the pertaining to the owner of a thing over
state or any of its political everything that is incorporated or
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
attached thereto either naturally or person constructs a house on his own

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

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

Adjunction Mixture Specification troublesome possible foundation
1. Involves Involves at May involve litigation in for a future hostile
at least 2 least 2 one thing (or respect to the claim
things things more) but property involved
form is NATURE OF THE ACTION
changed remedial action Preventive action
involving a present to prevent a future
2. Accessory Co- Accessory
adverse claim cloud on the title
follows the ownership follows the
principal results principal
3. Things Things The new
joined retain mixed or object retains
their nature confused or preserves  The action to quiet title does not
may either the nature of apply:
retain or the original a) to questions involving
lose their object. interpretation of documents
respective b) to mere written or oral assertions
natures of claims; EXCEPT:
i) if made in a legal proceeding
QUIETING OF TITLE ii) if it is being asserted that
 It is an equitable action in rem to the instrument or entry in
determine the condition of the plaintiff’s favor is not what
ownership or the rights to immovable it purports to be
property, and remove doubts c) to boundary disputes
thereon. d) to deeds by strangers to the title
UNLESS purporting to convey the
 Requisites: property of the plaintiff
1. plaintiff must have a legal or e) to instruments invalid on their
equitable title to, or interest in the face
real property which is the subject f) where the validity of the
matter of the action; instrument involves pure
2. there must be a cloud in such title; questions of law
3. such cloud must be due to some
instrument, record, claim, Ruinous Buildings and Trees in Danger
encumbrance or proceeding which is of Falling:
apparently valid but is in truth
 As to buildings – the owners is
invalid, ineffective, voidable or
obliged to demolish or execute
unenforceable, and is prejudicial to
necessary work to prevent the
the plaintiff’s title; and
building from falling. Should he fail
4. plaintiff must return to the
to do so, the authorities shall order
defendant all benefits he may have
its demolition at the expense of the
received from the latter, or
owner, or take measures to insure
reimburse him for expenses that may
public safety.
have redounded to his benefit.
 The complainant must show that his
 Prescriptive Period: property is adjacent to the
1. plaintiff in possession – dangerous construction, or must
imprescriptible have to pass by necessity in the
2. plaintiff not in possession – 10 immediate vicinity.
(ordinary) or 30 years (extraordinary)  The owner is responsible for
damages to others due to lack of
Action to quiet Action to remove necessary repairs. However, if the
title a cloud on damage is caused by defects in the
title construction, then the builder is
PURPOSE responsible for the damages.
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
transferee in his place

CO-OWNERSHIP automatically
 Definition: the right of common becoming a co-owner
dominion which two or more persons 5. There is no mutual 5. A partner can
representation generally bind the
have in a spiritual part of a thing
partnership
which is not physically divided.
6. Distribution of 6. Distribution of
 Concept: co-ownership exists where profits must be profits is subject to
the ownership of a thing physically proportional to the the stipulation of the
undivided pertains to more than one respective interests parties
person. of the co-owners
7. A co-ownership is 7. Death or
not dissolved by the incapacity dissolves
death or incapacity the partnership
of a co-owner
 Characteristics: 8. no public 8. May be made in
instrument needed any form except
a)plurality of subjects (the co-
even if real property when real property is
owners) is the object of the contributed
b) there is a single object which is co-ownership
not materially divided 9. An agreement to 9. There may be
c)there is no mutual representation keep the thing agreement as to a
by the co-owners undivided for a definite term without
d) it exist for the common period of more than limit set by law
enjoyment of the co-owners 10 years is void
e) it has no distinct legal
personality  Rules:
f) it is governed first of all by the 1. Rights of each co-owner as to the
contract of the parties; thing owned in common: USBRAP-
otherwise, by special legal LDP
provisions, and in default of such a) To use the thing owned in
provisions, by the provisions of common
Title III on co-ownership  Limitations:
i) use according to the purpose
 Sources: for which it was intended
1. Law ii) interest of the co-ownership
2. Contract must not be prejudiced
3. Chance iii) other co-owners must not be
4. Occupation prevented from using it
5. Succession according to their own
6. Testamentary disposition or rights
donation inter vivos b) To share in the benefits and
charges in proportion to the
Co-ownership Partnership interest of each.
1. Can be created 1. Can be created NOTE: Any stipulation to the
without the only by contract, contrary is void.
formalities of a express or implied c) To the benefits of prescription:
contract prescription by one co-owner
2. Has no juridical or 2. Has juridical benefits all.
legal personality personality distinct d) Repairs and taxes: to compel the
from the partners others to share in the expenses
3. Purpose is 3. Purpose is to
of preservation even if incurred
collective enjoyment obtain profits
of the thing without prior notice.
4. Co-owner can 4. A partner, unless NOTE: The co-owner being
dispose of his shares authorized cannot compelled may exempt himself from
without the consent dispose of his share the payment of taxes and expenses
of the others with and substitute by renouncing his share equivalent to
the another as a partner such taxes and expenses. The value
CHAIRPERSONS
36
of the property at the time of the by law

renunciation will be the basis of the 6) When another co-owner has
portion to be renounced. possessed the property as
e) Alterations: to oppose exclusive owner for a period
alterations made without the sufficient to acquire it by
consent of all, even if beneficial. prescription.
NOTES:
 Alteration is an act by virtue of 2. The following questions are
which a co-owner changes the governed by the majority of
thing from the state in which the interests:
others believe it should remain, a) Management
or withdraws it from the use to  Minority may appeal to the court
which they desire it to be against the majority’s decision if
intended. the same is seriously prejudicial.
 Expenses to improve or b) Enjoyment
embellish are decided by the c) Improvement or embellishment
majority 3. Rights as to the ideal share of each
f) To protest against seriously co-owner:
prejudicial decisions of the a) Each has full ownership of his part
majority and of his share of the fruits and
g) Legal redemption: to be benefits
exercised within 30 days from b) Right to substitute another person
written notice of sale of an its enjoyment, EXCEPT when
undivided share of another co- personal rights are involved
owner to a stranger c) Right to alienate, dispose or
h) To defend the co-ownership’s encumber
interest in court d) Right to renounce part of his
i) To demand partition at any time interest to reimburse necessary
 Partition is the division expenses incurred by another co-
between 2 or more persons of owner
real or personal property which e) Transactions entered into by each
they own in common so that co-owner only affect his ideal
each may enjoy and possess his share.
sole estate to the exclusion of
and without interference from EXTINGUISHMENT OF CO-OWNERSHIP
others (CALSTEP)
GENERAL RULE: Partition is 1. consolidation or merger in one co-
demandable by any of the co- owner
owners as a matter of right at 2. acquisitive prescription in favor of a
any time. third person or a co-owner who
EXCEPTIONS: repudiates the co-ownership
1) When there is a stipulation 3. loss or destruction of property co-
against it; but not to exceed owned
10 years. 4. sale of property co-owned
2) When the condition of 5. termination of period agreed upon
indivision is imposed by the by the co-owners
donor or testator; but not to 6. expropriation
exceed 20 years. 7. judicial or extra-judicial partition
3) When the legal nature of the
community prevents CONDOMINIUM ACT (R.A. NO. 4726)
partition. CONDOMINIUM
4) When partition would render  an interest in real property
the thing unserviceable. consisting of a separate interest in a
5) When partition is prohibited unit in a residential, industrial or
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
commercial building and an aggregate more than 70% interest in

undivided interest in common, the common areas are opposed to
directly or indirectly, in the land on the continuation of the condominium
which it is located and in other regime;
common areas of the building. 5. When conditions for partition by sale
 Any transfer or conveyance of a unit set forth in the declaration of
or an apartment, office or store or restrictions duly registered have
other space therein, shall include been met.
transfer or conveyance of the
undivided interest in the common WATERS
areas or, in a proper case, the  Classification
membership or shareholdings in the a) Waters public per se (water is the
condominium corporation: provided, principal; the bed follows the
however, that where the common character of the water (See Arts.
areas in the condominium project 502 [1] and 502 [2])
are held by the owners of separate b) Waters public or private according
units as co-owners thereof, no to their bed (water is accessory to
condominium unit therein shall be bed)
conveyed or transferred to persons c) Waters public by special provision
other than Filipino citizens or
corporations at least 60% of the POSSESSION
capital stock of which belong to  Concept: the material holding or
Filipino citizens, except in cases of control of a thing or the enjoyment
hereditary succession. of a right.
GENERAL RULE: Common areas shall  Requisites:

remain undivided, and there shall be no 1. occupancy, apprehension, or taking
judicial partition thereof: 2. deliberate intention to possess
EXCEPTIONS: 3. by virtue of ones own right
1. When the project has not been
rebuilt or repaired substantially to  Degrees:
its state prior to its damage or 1. possession without any title
destruction 3 years after damage or whatsoever
destruction which rendered a 2. possession with juridical title
material part thereof unfit for use; 3. possession with just title sufficient
2. When damage or destruction has to transfer ownership
rendered ½ or more of the units 4. possession with a title in fee simple
untenantable and that the
condominium owners holding more  Classes:
than 30% interest in the common a) In one’s own name – where possessor
areas are opposed to restoration of claims the thing for himself
the projects; b) In the name of another – for whom
3. When the project has been in the thing is held by the possessor
existence for more than 50 years, c) In the concept of owner – possessor
that it is obsolete and uneconomic, of the thing or right , by his actions,
and the condominium owners holding is considered or is believed by other
in aggregate more than 50% interest people as the owner, regardless of
in the common areas are opposed to the good or bad faith of the
restoration, remodeling or possessor
modernizing; d) In the concept of holder – possessor
4. When the project or a material part holds it merely to keep or enjoy it,
thereof has been condemned or the ownership pertaining to another
expropriated and the project is no person; possessor acknowledges in
longer viable, or that the another a superior right which he
condominium owners holding in believes to be ownership.

CHAIRPERSONS
38
NOTE: None of these holders assert a who recovers possession of which he

claim of ownership in himself over the was wrongfully deprived
thing but they may be considered as 6. of extension of possession of real
possessors in the concept of owner, or property to all movables contained
under claim of ownership, with respect therein
to the right they respectively exercise
over the thing.  Object of possession:
e) In good faith – possessor is not aware GENERAL RULE: All things and rights
that there is in his title or mode of susceptible of being appropriated
acquisition a defect that invalidates EXCEPTIONS:
it 1. Res communes
 Requisites: 2. Property of public dominion
1. Ostensible title or mode of 3. Discontinuous servitudes
acquisition 4. Non-apparent servitudes
2. Vice or defect in the title
3. Possessor is ignorant of the Acquisition of possession:
vice or defect and must have  Manner
an honest belief that the 1. Material occupancy of the thing
thing belongs to him 2. Subjection to the action of our will
NOTE: Gross and inexcusable ignorance 3. Proper acts and legal formalities
of the law may not be the basis of good established for acquiring such right.
faith, but possible, excusable ignorance Conflicts between several claimants:
may be such basis. (Kasilag vs Roque, 69 GENERAL RULE: Possession cannot be
PHIL 217) recognized in two different personalities
f) In bad faith – possessor is aware of except in case of co-possession when
the invalidating defect in his own there is no conflict
title.  Criteria in case of dispute:
NOTES: 1. present/actual possessor shall be
 Only personal knowledge of the flaw preferred
in one’s title or mode of acquisition 2. if there are two possessors, the one
can make him a possessor in bad longer in possession
faith. It is not transmissible even to 3. if the dates of possession are the
an heir. same, the one with a title
 Possession in good faith ceases from 4. if all the above are equal, the fact of
the moment defects in his title are possession shall be judicially
made known to the possessor. This determined, and in the meantime,
interruption of good faith may take the thing shall be placed in judicial
place at the date of summons or that deposit
of the answer if the date of
summons does not appear. Subject Possessor in Possessor
However, there is a contrary view good faith in bad
that the date of summons may be faith
insufficient to convince the possessor a. Fruits a. to possessor a. to owner
that his title is defective. gathered
b. b. not b.
 Presumptions in favor of possessor: Cultivation reimbursed to reimbursed
Expenses of possessor to possessor
1. of good faith
gathered
2. of continuity of initial good faith fruits
3. of enjoyment in the same character c. Fruits c. prorated c. to owner
in which possession was acquired pending according to
until the contrary is proved and time
4. of non-interruption in favor of the charges
present possessor d. d. indemnity d. no
5. of continuous possession by the one Production pro rata to indemnity
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
expenses of possessor k. k. to owner k. to

pending (owner’s Improve- or lawful owner or
fruits option) ments due possessor lawful
i. in money, to time or possessor
or
ii. by
nature
allowing full
cultivation Possession of movables
and  Possession of movables in good faith
gathering of is equivalent to title.
all fruits  Requisites:
e. e. reimbursed e. a) possession is in good faith
Necessary to possessor; reimbursed b) the owner has voluntarily parted
expenses retention to with the possession of the thing
possessor;
c) possessor is in the concept of
no
retention owner
f.. Useful f. reimbursed f. no One who has lost or has been
expenses to possessor reimbursem unlawfully deprived of it , may
(owner’s ent recover it from whomsoever
option) possesses it, ordinarily, without
i. initial cost reimbursement.
ii. plus value
 may remove
if no
 Doctrines:
reimburse-
ment, and no
a) owner of the thing must prove (1)
damage is ownership of the thing and (2) loss or
caused to the unlawful deprivation; or bad faith of
principal by the possessor
the removal b) Where the owner acts negligently or
g. g. reimburse- g. owner’s voluntarily parts with the thing
Ornamen- ment at option: owned, he cannot recover it from
tal owner’s i. the possessor
expenses option: removal, or c) The owner may recover the movable
i. removal if ii. value
in case of loss or involuntary
no injury, or at time of
ii. cost recovery deprivation; but must reimburse the
without price paid if possessor acquired the
removal thing in good faith and at a public
h. Taxes h. taxes and h. taxes sale.
and charges and charges
charges i. charged to i. charged Loss of possession:
i. on owner to owner 1. By the will of the possessor
capital ii. charged to ii. charged a) Abandonment
possessor to owner b) Transfer or conveyance
ii. on iii. prorated iii. to
2. Against the will of the possessor
fruits owner
a) Eminent domain
iii. b) Acquisitive prescription
charges c) Judicial decree in favor of better
i. Improve- i. no i. no right
ments no reimburse- reimburse- d) Possession of another for more
longer ment ment than one year
existing NOTE: this refers to possession de
j. Liability j. only if j. liable in facto where the possessor loses the
for acting with every case right to a summary action; but he
accidental fraudulent
may still bring action publiciana or
loss or intent or
deteriorati negligence,
reivindicatoria
on after summons e) By reason of the object

CHAIRPERSONS
40
i. destruction or total loss of 6. Pays for ordinary 6.Lessee is not

the things repairs and taxes on generally under
ii. withdrawal from commerce the fruits obligation to
undertake repairs or
pay taxes
USUFRUCT
 gives a right to enjoy the property of
another with the obligation of Special Usufructs
preserving its form and substance, a) of pension or income (Art 570)
unless the title constituting it or the b) of property owned in common (Art.
law otherwise provides. 582)
 Characteristics: c) of cattle (livestock) (Art. 591)
a. Real right d) on vineyards and woodlands (Art.
b. Of temporary duration 575-576)
c. To derive all advantages from e) on a right of action (Art. 578)
the thing due to normal f) on mortgaged property (Art. 600)
exploitation g) over the entire patrimony (Art.
d. may be constituted on real or 598)
personal property, consumable h) over things which gradually
or non-consumable, tangible or deteriorate (Art. 573)
intangible, the ownership of i) of consumable property (Art 574)
which is vested in another
e. transmissible Rights of the Usufructuary
1. As to the thing and its fruits
GENERAL RULE: Usufructuary is bound a. To receive and benefit from the
to preserve the form and substance of fruits
the thing in usufruct. b. To enjoy any increase through
EXCEPTION: Abnormal usufruct whereby accessions and servitudes
the law or the will of the parties may c. To the half of the hidden
allow the modification of the substance treasure he accidentally finds
of the thing. d. To lease the thing, generally, for
the same or shorter period as the
usufruct.
Usufruct Lease
1. Always a real 1.Generally a
e. To improve the thing without
right personal right altering its form and substance
2. Person creating 2. Lessor may not f. Right to set-off the
the usufruct should be the owner improvements he may have
be the owner or his made on the property against
duly authorized any damage to the same
agent g. To retain the thing until he is
3. May be created 3.Generally created reimbursed for advances for
by law, by contract, by contract extraordinary expenses and
by will of the
taxes on the capital
testator, or by
prescription
h. To collect reimbursements from
4. As a rule, 4.Lease generally the owner for indispensable
usufruct covers all refers to uses only extraordinary repairs, taxes on
the fruits and all the capital he advanced, and
the uses and damages caused to him.
benefits of the i. To remove improvements made
entire property by him if the same will not
5. Involves a more 5. Lease involves a injure the property
or less passive more active owner 2. As to the usufruct itself
owner who allows or lessor who makes
a. To mortgage the right of
the usufructuary to the lessee to enjoy
enjoy the object
usufruct except parental
given in usufruct usufruct
b. To alienate the usufruct
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
or herd of livestock
Obligations of the usufructuary: c. To make ordinary repairs
1. Before exercising the usufruct: d. To notify the owner of urgent
a. To make an inventory of the extra-ordinary repairs
property e. To permit works and
b. To give a bond, EXCEPT improvements by the naked
1) when no prejudice would owner not prejudicial to the
result usufruct
2) when the usufruct is f. To pay annual taxes and charges
reserved by the donor or on the fruits
parents g. To pay interest on taxes on
3) in cases of caucion juratoria capital paid by the naked owner
where the usufructuary, h. To pay debts when the usufruct
being unable to file the is constituted on the whole
required bond or security, patrimony
files a verified petition in i. To secure the naked owner’s or
the proper court asking for court’s approval to collect
the delivery of the house and credits in certain cases
furniture necessary for j. To notify the owner of any
himself and his family prejudicial act committed by
without any bond or third persons
security. k. To pay for court expenses and
 takes an oath to take costs regarding usufruct.
care of the things and
restore them 3. At the termination of the usufruct:
 property cannot be a. To return the thing in usufruct to
alienated or encumbered the owner unless there is a right
or leased because this of retention
would mean that the b. To pay legal interest on the
usufructuary does not amount spent by the owner for
need it. extraordinary repairs or taxes on
the capital
NOTE: Effects of failure to post c. To indemnify the owner for any
bond: losses due to his negligence or of
1. owner shall have the following his transferees
options:
a. receivership of realty, sale Extinguishment of Usufruct: (PT2DERM)
of movables, deposit of 1. Prescription
securities, or investment of 2. Termination of right of the person
money; OR constituting the usufruct
b. retention of the property as 3. Total loss of the thing
administrator 4. Death of the usufructuary, unless
2. the net product shall be contrary intention appears
delivered to the usufructuary 5. Expiration of the period or
3. usufructuary cannot collect fulfillment of the resolutory
credits due or make investments condition
of the capital without the 6. Renunciation of the usufructuary
consent of the owner or of the 7. Merger of the usufruct and
court until the bond is given. ownership in the same person
2. During the usufruct: EASEMENT OR SERVITUDE

a. To take care of the property  Encumbrance imposed upon an
b. To replace with the young immovable for the benefit of a
thereof animals that die or are community or one or more persons
lost in certain cases when the or for the benefit of another
usufruct is constituted on flock immovable belonging to a different
CHAIRPERSONS
42
owner. b) Non-apparent Easements – those

which show no external
 Concept: it is a real right, indication of their existence
constituted on the corporeal
immovable property of another, by 3. As to duty of servient owner
virtue of which the owner of the a) Positive – the servient owner
latter has to refrain from doing or must allow something to be done
must allow something to be done on in his property or do it himself.
his property, for the benefit of These are called servitudes of
another person or tenement. intrusion and or/service”
b) Negative – the servient owner
 Characteristics: must refrain from doing
a) It is a real right but will affect third something which he could
persons only when duly registered lawfully do if the easement did
b) It is enjoyed over another not exist
immovable, never on one’s own
property Easement Lease
c) It involves two neighboring estates 1. Real right, Real right only when
(in case of real easements) whether registered it is registered, or
d) It is inseparable from the estate to or not when its subject
which it is attached, and, therefore, matter is real
cannot be alienated independently property and the
of the estate duration exceeds
one year
e) It is indivisible for it is not affected
2. Imposed only on May involve either
by the division of the estate between
real property real or personal
two or more persons 3. There is a limited Limited right to
f) It is a right limited by the needs of right to the use of both the possession
the dominant owner or estate, real property of and use of another’s
without possession another but without property
g) It cannot consist in the doing of an the right of
act unless the act is accessory in possession
relation to a real easement
h) It is a limitation on the servient Easement Usufruct
owner’s rights of ownership for the 1. Imposed only on May involve either
benefit of the dominant owner; and, real property real or personal
therefore, it is not presumed property
2. Limited to Includes all the uses
 Classification: particular or and the fruits of the
1. As to its exercise: specific use of the property
servient estate
a)Continuous Easements – those the
3. A non-possessory Involves a right of
use of which is, or may be,
right over an possession in an
incessant without the immovable immovable or
intervention of any act of man immovable
b) Discontinuous Easements – those 4. Not extinguished Extinguished by the
which are used at intervals and by the death of the death of the
depend upon the acts of man dominant owner usufructuary
2. As to the indication of their  Modes of Acquisition: (PDFAT)

existence: 1. by prescription of 10 years
a) Apparent Easements – those (continuous and apparent
which are made known and are easements)
continually kept in view by 2. by deed of recognition
external signs that reveal the 3. by final judgment
use and enjoyment of the same 4. by apparent sign established by
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
the owner of two adjoining (REMAIN BREW)

estates 1. Redemption agreed upon
5. by title 2. Expiration of the term or
fulfillment of the resolutory
Dominant Owner condition
 Rights 3. Merger of ownership of the
1. To exercise all the rights dominant and servient estate
necessary for the use of the 4. Annulment of the title to the
easement servitude
2. To make on the servient estate 5. Permanent Impossibility to use
all the works necessary for the the easement
use and preservation of the 6. Non-user for 10 years
servitude a. discontinuous: counted
3. To renounce the easement if he from the day they ceased to
desires to exempt himself from be used
contribution to necessary b. continuous: counted
expenses from the day an act adverse
4. To ask for mandatory injunction to the exercise takes place
to prevent impairment of his use 7. Bad condition - when either or
of the easement both estates fall into such a
condition that the easement
 Obligations: could not be used
1. Cannot render the easement or 8. Resolution of the right to create
render it more burdensome the servitude, i.e. in case of
2. Notify the servient owner of pacto de retro, when the
works necessary for the use and property is redeemed
preservation of the servitude 9. Expropriation of the servient
3. Choose the most convenient time estate
and manner in making the 10. Waiver by the dominant owner
necessary works as to cause the
least inconvenience to the EASEMENT FOR WATERING CATTLE
servient owner  This is really a combined easement for
4. Contribute to the necessary drawing of water and right of way
expenses if there are several  Requisites:
dominant estates a) must be imposed for reasons of
public use
Servient Owner b) must be in favor of a town or
 Rights: village
1. To retain ownership and c) indemnity must be paid
possession of the servient estate
2. To make use of the easement, EASEMENT OF AQUEDUCT
unless there is agreement to the  The right arising from a forced
contrary easement by virtue of which the
3. To change the place or manner owner of an estate who desires to
of the easement, provided it be avail himself of water for the use of
equally convenient said estate may make such waters
pass through the intermediate estate
 Obligations: with the obligation of indemnifying
1. Cannot impair the use of the the owner of the same and also the
easement owner of the estate to which the
2. Contribute to the necessary water may filter or flow.
expenses in case he uses the  Character: apparent and continuous
easement, unless there is an  Requisites:
agreement to the contrary a) dominant owner must prove that
he has the capacity to dispose of
Extinguishment of Easements: the water
CHAIRPERSONS
44
b) that the water is sufficient for physically divided and

the intended use segregated but they separated
c) that the course is most can be physically physically but
convenient, and least onerous to identified before such
division, a co-owner
the 3rd person
cannot point to any
d) payment of indemnity definite portion of
the property as
RIGHT OF WAY belonging to him
 The right granted to the owner of an 2. No limitation as None of the co-
estate which is surrounded by other to use of the party owners may use the
estates belonging to other persons wall for exclusive community property
and without an adequate outlet to a benefit of a party for his exclusive
public highway to demand that he be benefit
allowed a passageway throughout 3. Owner may free Partial renunciation
himself from is allowed
such neighboring estates after
contributing to the
payment of proper indemnity cost of repairs and
 Requisites: construction of a
1. Claimant must be an owner of party wall by
enclosed immovable or one with renouncing all his
real right rights thereto
2. There must be no adequate
outlet to a public highway  Presumptions of existence (juris
3. Right of way must be absolutely tantum):
necessary 1. in adjoining walls of buildings,
4. Isolation must not be due to the up to common elevation
claimant’s own act 2. in dividing walls of gardens and
5. Easement must be established at yards (urban)
the point least prejudicial to the 3. in dividing fences, walls and live
servient estate hedges of rural tenements
6. Payment of proper indemnity 4. in ditches or drains between
 it is the needs of the dominant tenements
property which ultimately determine
the width of the passage, and these  Rebuttal of presumption:
needs may vary from time to time 1. title
(Encarnacion vs. CA, 195 SCRA 72). 2. by contrary proof:
 Special cause of extinction: the 3. by signs contrary to the
opening of a public road, or joining existence of the servitude (Arts.
the dominant tenement to another 660 & 661)
with exit on a public road. NOTE: if the signs are
NOTE: the extinction in NOT contradictory, they cancel each
automatic. There must be a demand other
for extinction coupled with tender of
indemnity by the servient owner.  Rights of part owners:
1. to make use of the wall in
PARTY WALL proportion to their respective
 a common wall which separates 2 interests, resting buildings on it
estates built by common agreement or inserting beams up to one-half
at the dividing line such that it of the wall’s thickness
occupies a portion of both estates on 2. to increase the height of the
equal parts. wall
a. at his expense
Party Wall Co-ownership b. upon payment of proper
1. Shares of parties Shares of the co- indemnity
cannot be owners can be c. to acquire half interest in
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
any increase of thickness or erecting his own wall unless

height, paying a a servitude is acquired by
proportionate share in the title or prescription
cost of the work and of the c. ask for the reduction of the
land covered by the increase opening to the proper size
 Obligations of each part-owners: Restrictions as to views

1. to contribute proportionately to 1. Direct views: the distance of 2
the repair and maintenance METERS between the wall and the
unless he renounces his part- boundary must be observed
ownership 2. Oblique views: (walls perpendicular
2. if one part owner raises the or at an angle to the boundary line)
height of the wall, he must: must not be less than 60cm from the
a. bear the cost of boundary line to the nearest edge of
maintenance of the additions the window
b. bear the increased expenses NOTE: Any stipulation permitting lesser
of preservation distances is void.
c. bear the cost of construction
d. give additional land, if Modes of acquisition
necessary, to thicken the 1. by title
wall 2. by prescription
a. positive – counted from the time
LIGHT AND VIEW of the opening of the window, if
1. Easement of Light (jus luminum) - it is through a party wall
right to admit light from the b. negative – counted from the
neighboring estate by virtue of the formal prohibition on the
opening of a window or the making servient owner.
of certain openings. NOTE: mere non-observance of distances
 Requisites: prescribed by Art. 670 without formal
a. opening must not be greater prohibition, does not give rise to
than 30 centimeters squared, prescription
made on the ceiling or on the VOLUNTARY EASEMENTS
wall; and  Constituted by the will of the parties
b. there must be an iron grating or of a testator.
2. Easement of view (jus prospectus) –  The owner possessing capacity to
the right to make openings or encumber property may constitute
windows, to enjoy the view through voluntary servitude. If there are
the estate of another and the power various owners, ALL must consent;
to prevent all constructions or work but consent once given is not
which would obstruct such view or revocable
make the same difficult. It  Voluntary easements are established
necessarily includes easement of in favor of:
light 1. predial servitudes:
a. for the owner of the
Restrictions on openings in one’s own dominant estate
wall when contiguous (less than 2m) to b. for any other person having
another’s tenement: any juridical relation with
1. it cannot exceed 1 foot sq. (30 cm the dominant estate, if the
each side) owner ratifies it.
2. openings must be at the height of 2. personal servitudes: for anyone
the joists, near the ceiling (Choco capacitated to accept.
vs. Santamaria, 21 Phil 132)
3. the abutting owner may: NUISANCE
a. close the openings if the wall  Any act, omission, establishment,
becomes a party wall business or condition of property or
b. block the light by building or anything else which: (ISAHO)
CHAIRPERSONS
46
1. Injures/endangers the health or injurious to the person affected;

safety of others; 2. no breach of peace or
2. Shocks, defies or disregards unnecessary injury must be
decency or morality; committed;
3. Annoys or offends the senses; 3. prior demand;
4. Hinders or impairs the use of 4. prior demand has been rejected;
property; or 5. approval by district health
5. Obstructs or interferes with the officer and assistance of local
free passage to any public police; and
highway or street, or body of 6. value of destruction does not
water. exceed P3,000.
 Classes: THEORY OF MODE AND TITLE

1. Per se – nuisance at all times and
under all circumstances  MODE is the specific cause which
regardless of location and gives rise to them, as the result of
surrounding. the presence of a special condition
2. Per accidens – nuisance by of things, of the aptitude and intent
reason of circumstances, of persons, and of compliance with
location, or surroundings. the conditions established by law.
3. Public – affects the community This is the proximate cause of the
or a considerable number of acquisition.
persons.
4. Private – affects only a person or  TITLE is the juridical justification for
a small number of persons. the acquisition or a transfer of
ownership or other real right. This is
Doctrine of Attractive Nuisance: the remote cause of the acquisition.
 One who maintains on his premises
dangerous instrumentalities or
appliances of a character likely to
attract children in play and who fails
to exercise ordinary care to prevent
children from playing therewith or
resorting thereto is liable to a child DIFFERENT MODES (and TITLES) of
of tender years who is injured ACQUIRING OWNERSHIP
thereby, even if the child is
technically a trespasser in the Modes of Titles of
premises. acquiring acquiring
ownership ownership
Remedies against public nuisance: A. Original Modes
(PCE) 1. Occupation 1. Condition of
1. Prosecution under the RPC or being without
local ordinance known owner
2. Civil Action 2. Work which 2. Creation,
includes discovery or
3. Extrajudicial Abatement
Intellectual invention
creation
Remedies against private nuisance: B. Derivative modes
(CE) 3. Law 3. Existence of
1. Civil Action required
2. Extrajudicial Abatement conditions
4. Tradition 4. Contract of the
Extrajudicial Abatement parties
 Requisites: 5. Donation 5. Contract of the
1. nuisance must be specially parties
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
6. Prescription 6. Possession in  Kinds:

the concept of 1. Real Tradition - actual delivery
owner 2. Constructive Tradition
7. Succession 7. Death a. traditio symbolica –
parties make use of a token
OCCUPATION or symbol to represent the
 a mode of acquiring ownership by thing delivered
the seizure of things corporeal which b. traditio longa manu – by
have no owner, with the intention of mere consent of the parties
acquiring them, and according the if the thing sold cannot be
rules laid down by law. transferred to the possession
of the vendee at the time of
 Requisites: the sale
1. there must be seizure of a thing c. traditio brevi manu –
2. the thing seized must be when the vendee already has
corporeal personal property possession of the thing sold
3. the thing must be susceptible of by virtue of another title
appropriation by nature d. traditio constitutum
4. the thing must be without an possessorium – when the
owner vendor continues in
5. there must be an intention to possession of the thing sold
appropriate not as owner but in some
other capacity
 Specific instances: 3. Quasi-tradition – exercise of the
1. hunting and fishing right of the grantee with the
2. finding of movables which do not consent of the grantor
have an owner 4. Tradicion por ministerio de la ley
3. finding of abandoned movables – delivery by operation of law
4. finding of hidden treasure 6. Tradition by public instrument
 Requisites:
1. right transmitted should have
previously existed in the
patrimony of the grantor
5. catching of swarm of bees that 2. transmission should be by just

has escaped from its owner, title
under certain conditions 3. grantor and grantee should have
6. catching of domesticated intention and capacity to
animals that have escaped from transmit and acquire
their owners, under certain 4. transmission should be
conditions manifested by some act which
7. catching of pigeons without should be physical, symbolical or
fraud or artifice legal
8. transfer of fish to another
breeding place without fraud or DONATION
artifice  an act of liberality whereby a person
disposes gratuitously of a thing or
TRADITION/DELIVERY right in favor of another who accepts
 a mode of acquiring ownership as a it
consequence of certain contracts, by
virtue of which, the object is placed  Requisites: CIDA
in the control and possession of the 1. donor must have capacity to
transferee, actually or make the donation
constructively. 2. he must have donative intent
(animus donandi)
CHAIRPERSONS
48
3. there must be delivery

4. donee must accept or consent to Donations prohibited by law:
the donation 1. Made by persons guilty of adultery or
concubinage at the time of donation;
 Essential features/elements of a 2. Made between persons found guilty
true donation: of the same criminal offense in
a) Alienation of property by the consideration thereof;
donor during his lifetime, which 3. Made to a public officer or his/her
is accepted spouse, descendants or ascendants in
b) Irrevocability by the donor consideration of his/her office;
c) Intention to benefit the donee 4. Made to the priest who heard the
(animus donandi) confession of the donor during the
d) Consequent impoverishment of latter’s last illness, or the minister
the donor (diminution of his of the gospel who extended spiritual
assets) aid to him during the same period;
5. Made to relatives of such priest, etc.
 Classification: within the 4th degree, or to the
1. As to effectivity: church to which such priest belongs;
a. inter vivos 6. Made by a ward to the guardian
b. mortis causa before the approval of accounts;
c. propter nuptias 7. Made to an attesting witness to the
2. As to perfection/extinguishment: execution of donation, if there is
a. pure any, or to the spouse, parents, or
b. with a condition children, or anyone claiming under
c. with a term them.
3. As to consideration: 8. Made to a physician, surgeon, nurse,
a. simple - gratuitous health officer or druggist who took
b. remuneratory or compensatory – care of the donor during his/her last
made on account of donee’s illness;
merits 9. Made by individuals, associations or
c. modal – imposes upon the donee corporations not permitted by law to
a burden which is less than the make donations; and
value of the thing donated 10. Made by spouses to each other
during the marriage or to persons of
whom the other spouse is a
presumptive heir.
Donation Inter Donation Mortis Forms of donations:
Vivos Causa 1. Donations of movable property:
1. Takes effect Takes effect upon the
a. With simultaneous delivery of
independently of death of the donor
the donor’s death property donated:
2. Title conveyed Title conveyed upon i. it may be oral/written –
to the donee donor’s death P5,000 or less;
before the donor’s ii. if value exceeds P5,000 –
death written in public or private
3. Valid if donor Void if donor survives document
survives donee donee b. Without simultaneous delivery:
4. Generally irrevo- Always revocable  the donation and acceptance
cable during must be written in a public
donor’s lifetime or private instrument,
5. Must comply Must comply with the regardless of value
with the formalities required
formalities by law for the
required by Arts. execution 2. Donation of immovable property:
748 and 749 of the Of wills a. must be in a public instrument
Code specifying the property donated
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
and the burdens assumed by 5. when the donation is made to

donee, regardless of value several donees jointly, they are
b. acceptance must be either: entitled to equal portions, without
i. in the same instrument; or accretion, unless the contrary is
ii. in another public instrument, stipulated
notified to the donor in
authentic form, and noted in Payment of the donor’s debt by the
both deeds donee
1. If there is express stipulation: the
NOTE: Expression of gratitude to the donee is to pay only debts
donor without express acceptance was contracted before the donation, if
held a sufficient acceptance (Cuevas vs not otherwise specified; but the
Cuevas) donee answers only up to the value
of the property donated, if no
LIMITATIONS ON DONATION OF stipulation is made to the contrary
PROPERTY 2. If there is no stipulation: the donee
1. Future property cannot be is answerable for the debts of the
donated. donor only in case of fraud against
2. Present property that can be creditors.
donated:
a) if the donor has forced heirs: he ACTS OF INGRATITUDE
cannot give or receive by 1. If the donee should commit some
donation more than he can give offense against the person, honor or
of receive by will property of the donor, or of his wife
b) if the donor has no forced heirs: or children under his parental
donation may include all present authority
property provided he reserves in 2. If the donee imputes to the donor
full ownership or in usufruct: any criminal offense, or any act
1) the amount necessary to involving moral turpitude, even
support him, and though he should prove it, unless the
2) those relatives entitled to crime or act has been committed
support from him against the donee himself, his wife
3) property sufficient to pay or children under his authority
the donor’s debt contracted 3. Refusal to support the donor
prior to the donation.
3. Donation should not prejudice PRESCRIPTION
creditors  Kinds:
4. Donee must reserve sufficient 1. Acquisitive prescription - one
means for his support and for his acquires ownership and other real
relatives which are entitled to rights through the lapse of time in
be supported by him. the manner and under the conditions
laid down by law.
EFFECTS OF DONATION a. Ordinary acquisitive
1. donee may demand the delivery of prescription: requires possession
the thing donated of things in good faith and with
2. donee is subrogated to the rights of just title for the time fixed by
the donor in the property law
3. in donations propter nuptias, the b. Extraordinary acquisitive
donor must release the property prescription: acquisition of
from encumbrances, except ownership and other real rights
servitudes without need of title or of good
4. donor’s warranty exists if faith or any other condition
a. expressed  Requisites:
b. donation is propter nuptias 1) capacity to acquire by
c. donation is onerous prescription
d. donor is in bad faith 2) a thing capable of acquisition by
CHAIRPERSONS
50
prescription Movables Immovables

3) possession of thing under certain 1. Good Faith
conditions 4 years 10 years
4) lapse of time provided by law 2. Bad Faith
8 years 30 years
2. Extinctive Prescription – rights and
actions are lost through the lapse of
time in the manner and under the Rules on Computation of Period:
conditions laid down by law. 1. The present possessor may complete
the period necessary for prescription
by tacking his possession to that of
Acquisitive Extinctive
his grantor or predecessor
prescription prescription
1. relationship 1. one does not look
between the to the act of the 2. It is presumed that the present
occupant and the possessor but to the possessor who was also the possessor
land in terms of neglect of the owner at a previous time, has continued to
possession is capable be in possession during the
of producing legal intervening time, unless there is
consequences; it is proof to the contrary
the possessor who is 3. The first day shall be excluded and
the actor the last day included
2. requires possession 2. requires inaction
by a claimant who is of the owner or
not the owner neglect of one with
Persons Against Whom Prescription
a right to bring his runs:
action 1. Minors and other incapacitated
3. applicable to 3. applies to all persons who have parents, guardians
ownership and other kinds of rights, or other legal representatives
real rights whether real or 2. Absentees who have administrators
personal 3. Persons living abroad who have
4. vests ownership or 4. produces the managers or administrators
other real rights in extinction of rights 4. Juridical persons, except the state
the occupant or bars a right of and its subdivision
action
5. results in the 5. results in the loss
acquisition of of a real or personal
Persons against whom prescription
ownership or other right, or bars the does NOT run:
real rights in a person cause of action to 1. Between husband and wife, even
as well as the loss of enforce said right though there be separation of
said ownership or real property agreed upon in the
rights in another
marriage settlements or by judicial
6. can be proven 6. should be
decree.
under the general affirmatively
issue without its pleaded and proved 2. Between parents and children,
being affirmatively to bar the action or during the minority or insanity of the
pleaded claim of the adverse latter
party 3. Between guardian and ward during
the continuance of the guardianship
Period of Prescription
Prescriptive Actions Prescriptive period Actions

period
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
a) Imprescriptible  to declare an g) 4 YEARS  action to revoke

inexistent or void donations due to
contract non-compliance of
 to quiet title conditions
 to demand a  action to rescind
right of way partition of
 to bring an deceased’s estate
action for on account of
abatement of lesion
public nuisance  action to claim
 to demand rescission of
partition in co- contracts
ownership  annulment of
 to enforce a contracts for vice
trust of consent
 probate of a  actions upon a
will quasi-delict
 to recover  action to revoke
possession of a or reduce
registered land donations based on
under the Land birth, appearance
Registration Act or adoption of a
by the registered child
owner  actions upon an
injury to the rights
of the plaintiff (not
arising from
contract)
b) 30 YEARS  real actions h) 3 YEARS  actions under

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

CHAIRPERSONS
52
c) 10 YEARS  actions upon a i) 2 YEARS  action to

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

recover movables impugn legitimacy
without prejudice of a child if the
to acquisition of husband or his
title for a shorter heirs are residing
period or to the in the city or
possessors title municipality of
under Arts. 559, birth
1505 and 1133  forcible entry
and unlawful
detainer
 Defamation
 Revocation of
donation on the
ground of
ingratitude
 Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude
 action for
warranty of
solvency in
assignment of
credits
 actions for loss
or damage to goods
under the COGSA
e) 6 YEARS  actions upon k) 6 MONTHS  actions for

an oral (verbal) warranty against
contract hidden defects or
 actions upon a encumbrances over
quasi-contract the thing sold
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
f) 5 YEARS  action for l) 40 DAYS  redhibitory

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

CHAIRPERSONS

2 Property

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26 2005 CENTRALIZED BAR OPERATIONS

property to which they are fixed; as immovables.

MEMORY AID IN CIVIL LAW

prescription collectively and those belonging to

5. Perpetuity – ownership lasts as long  REPLEVIN - remedy when the

MEMORY AID IN CIVIL LAW

possession of the subdivisions;

c. ACCION REIVINDICATORIA  Classifications:

attached thereto either naturally or person constructs a house on his own

MEMORY AID IN CIVIL LAW

water, it belongs to the state 4. merely an 4. detachment fol-

MEMORY AID IN CIVIL LAW

to put an end to to remove a

CIVIL LAW COMMITTEE

transferee in his place

MEMORY AID IN CIVIL LAW

of the property at the time of the by law

commercial building and an aggregate more than 70% interest in

GENERAL RULE: Common areas shall  Requisites:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CIVIL LAW

NOTE: None of these holders assert a who recovers possession of which he

expenses of possessor k. k. to owner k. to

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CIVIL LAW

i. destruction or total loss of 6. Pays for ordinary 6.Lessee is not

2. During the usufruct: EASEMENT OR SERVITUDE

MEMORY AID IN CIVIL LAW

owner. b) Non-apparent Easements – those

2. As to the indication of their  Modes of Acquisition: (PDFAT)

the owner of two adjoining (REMAIN BREW)

MEMORY AID IN CIVIL LAW

b) that the water is sufficient for physically divided and

any increase of thickness or erecting his own wall unless

 Obligations of each part-owners: Restrictions as to views

MEMORY AID IN CIVIL LAW

1. Injures/endangers the health or injurious to the person affected;

 Classes: THEORY OF MODE AND TITLE

CIVIL LAW COMMITTEE

6. Prescription 6. Possession in  Kinds:

5. catching of swarm of bees that 2. transmission should be by just

MEMORY AID IN CIVIL LAW

3. there must be delivery

and the burdens assumed by 5. when the donation is made to

MEMORY AID IN CIVIL LAW

prescription Movables Immovables

Prescriptive Actions Prescriptive period Actions

CIVIL LAW COMMITTEE

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

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

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CIVIL LAW

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

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

e) 6 YEARS  actions upon k) 6 MONTHS  actions for

CIVIL LAW COMMITTEE

f) 5 YEARS  action for l) 40 DAYS  redhibitory

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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