Title I – PROPERTY  machinery placed by owner of the tenement & tend directly to meet

 Classification (according to mobility): the needs of such works/industry

1. Immovable – real property  fertilizers – when applied to soil
2. Movable – personal property  docks & floating structures
 Requisites: 4. By analogy/by law – contracts for public works, servitude & other
1. Utility real rights over immovable property
2. Individuality/Substantivity  Movable property
3. Susceptibility of appropriation 1. susceptible of appropriation that are not included in enumeration in
 Real Rights immovable
1. no passive subject – claim against whole world 2. immovable that are designated as movable by special provision of
2. object is corporeal thing (obligation) law
3. creates juridical relations through mode & title 3. forces of nature brought under control by science
4. extinguished through loss or destruction of thing 4. things w/c can be transported w/o impairment of real property
 Personal Rights where they are fixed
1. Passive and active subject 5. obligations which involve demandable sums (credits)
2. Object is an intangible thing (specific thing) 6. shares of stocks of agricultural, commercial & industrial entities
3. Creates juridical relations through title although they may have real estate
4. Not extinguished through loss or destruction of thing  Classification of Movables
 Immovable property 1. consumable – cannot be utilized w/o being consumed
1. By nature – cannot be moved from place to place because of their 2. non-consumable
nature  Classification of Property (according to ownership):
1. Public dominion –
a) land, buildings & all kinds of constructions adhered to soil  intended for public use
 intended for public service of state, provinces, cities &
b) mine, quarries municipalities
 Characteristics:
2. By incorporation – essentially movables but attached to an  outside the commerce of men – cannot be alienated or leased
immovable that it becomes an integral part of it  cannot be acquired by private individual through prescription
 trees, plants & growing fruits adhered to soil  not subject to attachment & execution
 everything attached to an immovable that it will break if separated  cannot be burdened by voluntary easement
 statues, paintings if intended by owner to be integral part of 2. Private Ownership –
immovable  patrimonial property of state, provinces, cities, municipalities
 animal houses if intended by owner to become permanently 1. exist for attaining economic ends of state
attached to immovable 2. property of public dominion when no longer intended for public
3. By destination – movables but purpose is to partake of an integral use/service – declared patrimonial
part of an immovable  property belonging to private persons – individually or collectively
  Person exercising rights is owner or lawful possessor
 There is actual or threatened unlawful physical invasion of his
Title II – OWNERSHIP property
Chapter 1: OWNERSHIP IN GENERAL  Use force as may be reasonably necessary to repel or prevent it
· Definitions of Ownership  Available only when possession has not yet been lost, if already lost –
 Independent and general right of a person to control a thing resort to judicial process
particularly in his possession, enjoyment, disposition, and recovery,  May be exercised by 3rd person – negotiorum gestio
subject to no restrictions except those imposed by the state or 8. Right to enclose or fence w/o detriment to servitude constituted
private persons, without prejudice to the provisions of the law. 9. Right to surface & everything under it only as far as necessary for his
 Power of a person over a thing for purposes recognized by law & practical interest (benefit or enjoyment)
within the limits established by law 10. Right to hidden treasure found in own property
 Attributes:  hidden and unknown movables w/c consist of money or precious
1. Jus possidendi – right to possess objects
2. Jus utendi – right to enjoy  owner is unknown
3. Jus fruendi – right to fruits  by chance – if property owner is state – ½ belongs to finder; also if in
4. Jus abutendi – right to use and abuse another’s property; the finder must not be trespasser
5. Jus disponendi – right to dispose  Limitation on Ownership
6. Jus vindicandi – right to exclude others from possession of the thing 1. general limitations for the benefit of the state (eminent domain,
Actions for possession: police power, taxation)
2. specific limitations imposed by law (servitude, easements)
1. movable – replevin (return of a movable) 3. specific limitations imposed by party transmitting ownership (will,
contract)
2. immovable – 4. limitations imposed by owner himself (voluntary servitude,
mortgages, pledges)
 forcible entry – used by person deprived of possession through 5. inherent limitations arising from conflicts with other similar rights
violence, intimidation (physical possession, 1 year unlawful (contiguity of property)
deprivation) 6. owner cannot make use of a thing which shall injure/prejudice rights
 unlawful detainer – used by lessor/person having legal right over of 3rd persons (neighbors)
property when lessee/person withholding property refuses to 7. acts in state of necessity – law permits injury or destruction of things
surrender possession of property after expiration of lease/right to owned by another provided this is necessary to avert a greater
hold property (physical possession, 1 year from unlawful deprivation) danger (with right to indemnity – vs. principle of unjust enrichment)
 accion publiciana – plenary action to recover possession 8. true owner must resort to judicial process – when thing is in
 accion reinvindicatoria – recovery of dominion of property as owner possession of another; law creates a disputable presumption of
7. Principle of self help – self defense ownership to those in actual possession
 identify property
Elements:  show that he has better title

Chapter 2: RIGHT OF ACCESSION
 Accession – owner of thing becomes owner of everything it may
produce or those which may be incorporated or united thereto
1. principle of justice
2. accessory follows the principal
 Accession continua – accession to products of the thing
 Rights of owners: natural, industrial & civil fruits
exception: possession in good faith by another, usufruct, lease,
antichresis
 Obligation of owners:
 Immovables – accretion
1. Alluvion – owner of lands adjoining banks of river belongs the
accretion gradually received from effects of the water’s current
 Requisites:
1. deposit is gradual & imperceptible
2. made through effects of current of water
3. land where accretion takes place is adjacent to banks of river
 Rights of riparian owner
Right to accretion ipso facto – no need to make an express act of
possession
2. Avulsion – transfer of a known portion of land from one tenement to
another by force of current of waters
 Rights of riparian owner
 Right to portion of land transferred if not claimed by owner within 2
years (prescription)
 Right to trees uprooted if not claimed by owner w/in 6 months;
subject to reimbursement for necessary expenses for gathering them
& putting them in safe place
3. Change of river bed
 Right of owner of land occupied by new river course
1. Right to old bed ipso facto in proportion to area lost
2. Owner of adjoining land to old bed shall have right to acquire the
same by paying its value – value not to exceed the value of area
occupied by new bed
3. Formation of island in non-navigable river
 owner of margin nearest to islands formed – if nearest to it
 owner of both margins – if island is in the middle (divided into halves
longitudinally)
4. building, planting & sowing
 General Rule – whatever is built, planted or sown belongs to owner
of land; presumption is owner made them at his expense
 Exception: contrary is proven
 Right of owner of material
1. Right to be indemnified or paid of value of property by owner of land
2. Right to remove materials if he can do so w/o injury to work
constructed if owner has not paid
3. Right to damages and demolition even if with injury to work if owner
of land is in bad faith
 Right of owner when another builds, plants or sows in his land:
(OWNER & BUILDER BOTH IN GOOD FAITH)
1. Appropriate as his own after paying for indemnity
2. Oblige the planter, builder to pay for pr
3. ice of land or rent, except when value of lands is greater than thing
built – convert to rent
 Right of Builder in good faith before payment of indemnity of owner
in good faith
1. Right to retain land & building
2. Right not to be compelled to pay for rent
3. Right of retention ceases when obliged to pay for value of and if he
fails to do so
 Right of owner in good faith when builder is in bad faith
1. Right to appropriate what has been built w/o paying indemnity
2. Order demolition of building
3. Compel the builder to pay for price of land or rent
4. Right to damages
 Right of builder in bad faith when owner is in good faith
Right to be reimbursed for necessary expenses for preservation of land
 Right of Builder in good faith when owner is in bad faith
1. Right to indemnity for value of building
2. Right to damages
3. Right to demolish w/o payment of indemnity
 Bad faith on both builder & owner – in pari delicto (no cause of
action vs. each other)
 Right of 3rd person who owns materials
1. Right to be indemnified for value of materials irrespective of good
faith or bad faith of builder or owner; if builder has no property,
owner is subsidiarily liable
2. When builder is in bad faith & owner in good faith & owner compel
builder to remove improvements, owner is not subsidiarily liable
3. When 3rd person is paid by builder, builder may demand from
landowner the value of labor & materials
b) Movables
1. Conjunction / adjunction – 2 movable things which belong to
different owners are united to form a single object
 Test to determine w/c one is the principal:
1. that to w/c the other intended to be united as ornament or for its
use of perfection
2. value
3. volume
 Rights:
1. If both are in good faith – owner of principal acquired the accessory
with indemnification
2. If both are in good faith – may separate them if no injury will be
caused; if value of accessory is greater than principal, owner of
accessory may demand separation even if damages will be caused to
the principal (expenses to be borne by one who caused the
conjunction)
Chapter 3: QUIETING OF TITLE
3. If owner of accessory is in bad faith – owner of accessory with
damages to principal
4. If owner of principal is in bad faith – owner of accessory shall have
option of principal paying value of accessory or removal of accessory
despite destruction of principal
5. Owner of accessory or principal has right to indemnity when thing
adjuncts w/o his consent – may demand that a thing equal is kind,
value and price
2. Specification – One employs the materials of another in whole or in
part on order to make a thing of a different kind; transformation
 Rights:
1. If person who made the transformation is in good faith – he shall
appropriate the
2. thing transformed as his own with indemnity to owner of material
for its value
3. If material is more precious than transformed thing – owner of
material may appropriate the new thing to himself after indemnity
paid to labor or demand indemnity for materials
4. If person who made the transformation is in bad faith, owner of
material shall appropriate the work to himself w/o paying maker or
demand indemnity for value of materials & damages
5. If transformed thing is more valuable than material, owner of
material cannot appropriate
3. Commixtion / confusion – 2 things of the same or different kinds are
mixed & are not separable w/o injury
 Rights:
1. If both owners are in good faith – Each owner shall acquire a right
proportional to the part belonging to him (vis-a-vis the value of the
things mixed or confused)
2. If one owner is in bad faith – he shall lose the thing belonging to him
plus indemnity for damages caused to owner of other thing mixed
with his thing
3. If both in bad faith no cause of action against each other
 Reasons:
1. prevent litigation
2. protect true title & possession
 3. real interest of both parties which requires that precise state of title 2. contracts
be known 3. succession
 Action to quiet title 4. fortuitous event/chance – commixtion
 put end to vexatious litigation in respect to property involved; 5. occupancy – 2 persons catch a wild animal
plaintiff asserts his own estate & generally declares that defendant’s  Distinguished from partnership
claim is w/o foundation  partnership created only by agreement; co-ownership has many
 when proper: sources
1. contract has been extinguished or terminated  purpose of partnership is to obtain profit; co-ownership is collective
2. contract has prescribed enjoyment of a thing
3. remove cloud  in partnership there is juridical personality distinct from individuals,
 Action to remove cloud none in co-ownership
 intended to procure cancellation, delivery, release of an instrument,  partnership can be created for more than 10 years, not in co-
encumbrance, or claim constituting a on plaintiff’s title which may ownership
be used to injure or vex him in the enjoyment of his title  partners cannot transfer rights w/o consent of other co-partners, not
 Cloud – any instrument which is inoperative but has semblance of co-ownership
title  partnership extinguished when partner dies, not in co-ownership
 Requisites:  distribution of profits in partnerships may be stipulated, this is not
1. Plaintiff must have legal or equitable interest flexible in co-ownership but depends on ideal share/interest
2. Need not be in possession of property  Rights of co-owners
3. Return to defendant all benefits received – he who wants justice 1. Right to benefits proportional to respective interest; stipulation to
must do justice contrary is void
Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF 2. Right to use thing co-owned
1. for purpose for which it is intended
FALLING
2. without prejudice to interest of ownership
 Liability for damages: 3. without preventing other co-owners from making use thereof
1. collapse – engineer, architect or contractor 3. Right to change purpose of co-ownership by agreement
2. collapse resulting from total or partial damage; no repair made – 4. Right to bring action in ejectment in behalf of other co-owner
owner; state may compel him to demolish or make necessary work to 5. Right to compel co-owners to contribute to necessary expenses for
prevent if from falling preservation of thing and taxes
3. if no action – done by government at expense of owner 6. Right to exempt himself from obligation of paying necessary
Title III – CO-OWNERSHIP expenses and taxes by renouncing his share in the pro-indiviso
 Co-ownership interest; but can’t be made if prejudicial to co-ownership
 plurality of subjects – many owners 7. Right to make repairs for preservation of things can be made at will
 unity of material (indivision) of object of ownership of one co-owner; receive reimbursement therefrom; notice of
 recognition of ideal shares necessity of such repairs must be given to co-owners, if practicable
 Causes/Sources: 8. Right to full ownership of his part and fruits
1. law
9. Right to alienate, assign or mortgage own part; except personal 2. non-intervenors – retain rights of mortgage and servitude and other
rights like right to use and habitation real rights and personal rights belonging to them before partition
10. Right to ask for partition anytime was made.
11. Right of pre-emption
12. Right of redemption
13. Right to be adjudicated thing (subject to right of others to be
indemnified) Title V – POSSESSION
14. Right to share in proceeds of sale of thing if thing is indivisible and  Possession – holding of a thing or enjoyment of a right
they cannot agree that it be allotted to one of them 1. occupancy – actual or constructive (corpus)
 Duties/Liabilities 2. intent to possess (animus)
1. Share in charges proportional to respective interest; stipulation to  How acquired:
contrary is void 1. material occupation – possession as a fact
2. Pay necessary expenses and taxes – may be exercised by only one co- 1. physical
owner 2. constructive – tradicion brevi manu (one who possess a thing
3. Pay useful and luxurious expenses – if determined by majority short of title of owner – lease );
4. Duty to obtain consent of all if thing is to be altered even if tradicion constitutum possesorium (owner alienates thing but continues
beneficial; resort to court if non-consent is manifestly prejudicial to possess – depositary, pledgee, tenant)
5. Duty to obtain consent of majority with regards to administration  cannot be recognized at the same time in 2 different personalities
and better enjoyment of the thing; controlling interest; court except co-possession
intervention if prejudicial – appointment of administrator  question arise regarding fact of possession
6. No prescription to run in favor co-owner as long as he recognizes the 1. present possessor preferred
co-ownership; requisites for acquisition through prescription 2. 2 possessors – one longer in possession
1. he has repudiated through unequivocal acts 3. dates of possession the same – one who presents a title
2. such act of repudiation is made known to other co-owners 4. both have titles – judicial resolution
3. evidence must be clear and convincing 1. subject to action of our will- possession as a right
1. Co-owners cannot ask for physical division if it would render thing 1. tradicion simbolica – delivering object or symbol of placing
unserviceable; but can terminate co-ownership thing under control of transferee (keys)
2. After partition, duty to render mutual accounting of benefits and 2. tradicion longa manu – pointing out to transferee the things
reimbursements for expenses which are being transferred
3. Every co-owner liable for defects of title and quality of portion 1. proper acts and legal formalities established for acquiring rights –
assigned to each of the co-owner donation, sale
 Rights of 3rd parties  What can be subject of possession – things or rights which are
1. creditors of assignees may take part in division and object if being susceptible of being appropriated
effected without their concurrence, but cannot impugn unless there  Degrees of possession:
is fraud or made notwithstanding their formal opposition 1. holding w/o title and in violation of right of owner
2. possession with juridical title but not that of owner
 3. possession with just title but not from true owner may acquire material possession but not right to possession; may only
4. possession with just title from true owner acquire them through guardian or legal representatives
 Classes of ownership:
1. in concept of owner – owner himself or adverse possessor  Acquisition
1. cannot be acquired through force or intimidation when a possessor
Effects: objects thereto – resort to courts
2. the following do not affect acts of possession ( not deemed
1. may be converted into ownership through acquisitive prescription abandonment of rights ); possession not interrupted
2. bring actions necessary to protect possession 1. acts merely tolerated
3. ask for inscription of possession 2. clandestine and unknown acts
4. demand fruits and damages from one unlawfully detaining property 3. acts of violence
1. in concept of holder – usufruct, lessee, bailee  Rights of possessor:
2. in oneself – personal acquisition 1. Right to be respected in his possession; if disturbed – protected by
1. he must have capacity to acquire possession means established by law; spoliation
2. intent to possess 2. Possession acquired and enjoyed in concept of owner can serve as
3. possibility to acquire possession title for acquisitive prescription
1. in name of another – agent; subject to authority and ratification if 1. Possession has to be in concept of owner, public, peaceful and
not authorized; negotiorum gestio uninterrupted
1. representative has intention to acquire for another and not 2. Title short of ownership
for himself 3. Person in concept of owner has in his favor the legal presumption of
2. person from whom it is acquired has intention of possessing it just title (prima facie)
1. in good faith – not aware that there exist flaw in title or mode w/c 4. Possession of real property presumes that movables are included
invalidates it; mistake upon doubtful question of law; always 5. Co-possessors deemed to have exclusively possessed part which may
presumed; it may be interrupted – by extraneous evidence or suit for be allotted to him; interruption in whole or in part shall be to the
recovery of property of true owner prejudice of all
2. in bad faith – aware of defect 6. Possessor in good faith entitled to fruits received before possession
 Possession through succession is legally interrupted ( natural and industrial – gathered or severed;
1. possession of hereditary property is deemed transmitted w/o civil – accrue daily )
interruption from moment of death ( if accepted) and if not 7. Possessor in good faith entitled to part of net harvest and part of
accepted ( deemed never to have possessed the same ) expenses of cultivation if there are natural or industrial fruits (
2. one who succeeds by hereditary title shall not tack the bad faith of proportionate to time of possession ); owner has option to require
predecessors in interest except when he is aware of flaws affecting possessor to finish cultivation and gathering of fruits and give net
title; but effects of possession in good faith shall not benefit him proceeds as indemnity for his part of expenses; if possessor in good
except from date of death of decedent. faith refuses – barred from indemnification in other manner
 Minors/ Incapacitated 8. Possessor has right to be indemnified for necessary expenses
whether in good faith or in bad faith; Possessor in good faith has
 right of retention over thing unless necessary expenses paid by  Not lost:
owner 1. Unlawfully deprived or lost
9. Possessor in good faith has right to be reimbursed for useful 2. Acquired at public sale in good faith – with reimbursement
expenses with right of retention; owner has option of paying 3. Provision of law enabling the apparent owner to dispose as if
expenses or paying the increase in value of property which thing he is owner
acquired by reason of useful expenses 4. Sale under order of the court
10. Possessor in good faith may remove improvements if can be done 5. Purchases made at merchant stores, fairs or markets
w/o damage to principal thing- unless owner exercises option of 6. Negotiable document of title
paying; possessor in bad faith not entitled. 1. Even for time being he may not know their whereabouts, possession
11. Possessor in good faith and bad faith may not be entitled to payment of movable is not deemed lost
for luxurious expense but may remove them provided principal is not 2. When agent encumbered property without express authority – except
injured – provided owner does not refund the amount expended when ratified
12. Improvements caused by nature or time to inure to the benefit of 3. Possession may still be recovered:
person who has succeeded in recovering possession  Possession is equivalent to title
13. Wild animals possessed while in one’s control; domesticated – 1. possession is in good faith
possessed if they retain habit of returning back home 2. owner has voluntarily parted with the possession of the thing
14. One who recovers, according to law, possession unjustly lost is 1. possessor is in concept of an owner
deemed to have enjoyed it w/o interruption Title VI – USUFRUCT
 Liabilities/duties of Possessor  Usufruct – right to enjoy another’s property with correlative duty of
1. Return of fruits if in bad faith – fruits legitimate possessor could preserving its form and substance
have received 1. things – movable/immovable
2. Bear cost of litigation 2. rights – provided it is not strictly personal
3. Possessor in good faith not liable for loss or deterioration or loss  Kinds:
except when fraud and negligence intervened 1. legal – parents over children
4. Possessor in bad faith liable for loss or deterioration even if caused 2. voluntary – contracts, wills
by fortuitous event 3. mixed – prescription
5. Person who recovers possession not obliged to pay for improvements 4. total
which have ceased to exist at time of occupation 5. partial
 Loss of possession: 6. simultaneous
1. abandonment of the thing – renunciation of right; intent to lose the 7. successive
thing 8. pure
2. assignment made to another by onerous or gratuitous title 9. conditional
3. destruction or total loss of the thing or thing went out of commerce 10. With a term
4. possession of another if new possession lasted longer that 1 year (  Rights of usufructuary:
possession as a fact); real right of possession not lost except after 10 1. Right to civil, natural & industrial fruits of property
years 2. Right to hidden treasure as stranger
3. Right to transfer usufructuary rights – gratuitous or onerous; but is
co-terminus with term of usufruct; fruits proportionate at duration
of usufruct; but can’t do acts of ownership such as alienation or
conveyance except when property is:
4. consumable
5. intended for sale
6. appraised when delivered; if not appraised & consumable – return
same quality (mutuum)
7. Right not exempt from execution and can be sold at public auction
by owner
8. Naked owner still have rights but w/o prejudice to usufructuary;
may still exercise act of ownership –bring action to preserve
9. Right to fruits growing at time usufruct begins; growing fruits at
termination of usufruct belongs to owner
10. Right to necessary expenses from cultivation at end of usufruct
11. Right to enjoy accessions & servitudes in its favor & all benefits
inherent therein
12. Right to make use of dead trunks of fruit bearing trees & shrubs or
those uprooted/cut by accident but obliged to plant anew
13. Right of usufructuary of woodland – ordinary cutting as owner does
habitually or custom of place; cannot cut down trees unless it is for
the restoration of improvement of things in usufruct – must notify
owner first
14. Right to leave dead, uprooted trees at the disposal of owner with
right to demand that owner should clear & remove them – if caused
by calamity or extraordinary event – impossible to replace them
15. Right to oblige owner to give authority & furnish him proofs if
usufruct is extended to recover real property or real right
16. Right to necessary expenses
17. Right to introduce useful & luxurious expenses but with no obligation
of reimbursement on part of owner; may remove improvement if can
be done w/o damage
18. Right to set-off improvements against damages he made against the
property
4. Take care of property as a good father of family
19. Right to administer when property is co-owned; if co-ownership
cease – usufruct of part allotted to co-owner belongs to usufructuary
– not affected
20. Right to demand the increase in value of property if owner did not
spend for extraordinary repairs when urgent & necessary for
preservation of thing
 Rights of naked owner
1. Alienate thing
2. Can’t alter form or substance
3. Can’t do anything prejudicial to usufructuary
4. Construct any works Y make any improvement provided it does not
diminish value or usufruct or prejudice right of usufructuary
 Obligations of usufructuary:
1. Pay expenses to 3rd persons for cultivation & production at
beginning of usufruct; whose who have right to fruits should
reimburse expenses incurred
2. Generally, usufructuary has no liability when due to wear & tear,
thing deteriorates, obliged to return in that state; except when
there is fraud or negligence, then he shall be liable
3. Before entering into usufructuary::
 Notice of inventory of property (appraisal of movables & description)
 Posting of security
1. not applicable to parents who are usufructuary of children except
when 2nd marriage contracted
2. excused – allowed by owner, not required by law or no one will be
injured
 failure to give security: owner may demand that:
1. immovables be placed under administration
2. NI can be converted into registered certificates or deposited in bank
3. Capital & proceeds of sale of movables be invested in safe securities
4. Interest on proceeds or property under admin belong to usufructuary
5. Owner may retain property as administrator w/ obligation to deliver
fruits to usufructuary until he gives sufficient security
6. Effect of security is retroactive to day he is entitled to fruits
5. Liable for negligence & fault of person who substitute him
6. If usufruct is constituted on animals – duty bound to replace dead
animals that die from natural causes or became prey; if all of them
perish w/o fault but due to contagious disease / uncommon event –
deliver remains saved; if perish in part due to accident – continue on
remaining portion; if on sterile animals – as if fungible – replace
same kind & quality
7. Obliged to make ordinary repairs – wear & tear due to natural use of
thing and are indispensable for preservation; owner may make them
at expense of usufructuary – during existence of usufruct
8. Obliged to make expenses due to his fault; cannot escape by
renouncing usufruct
9. Pay legal interest from extraordinary expenses made by owner
10. Payment of expenses, charges & taxes affecting fruits
11. Payment of interest on amount paid by owner charges on capital
12. Obliged to notify owner of act of 3rd person prejudicial to rights of
ownership – he is liable if he does not do so for damages – as if it was
caused through his own fault
13. Expenses, cost & liabilities in suits brought with regard to
usufructuary – borne by usufructuary
 Obligations of owner
1. extraordinary expenses; usufructuary obliged to inform owner when
urgent is the need to make them
2. expenses after renunciation of usufruct
3. taxes & expenses imposed directly on capital
4. if property is mortgaged, usufructuary has no obligation to pay
mortgage; if attached, owner to be liable for whatever is lost by
usufructuary
5. if property is expropriated for public use – owner obliged to either
replace it or pay legal interest to usufructuary of net proceeds of the
same
 Extinguishment of usufruct
1. death of usufructuary – unless contrary intention appears
2. expiration of period of usufruct
3. merger of usufruct & ownership
4. renunciation of usufructuary – express
5. total loss of thing
6. termination of right of person constituting usufruct
7. prescription – use by 3rd person
 loss in part – remaining part shall continue to be held in usufruct
 usufruct cannot be constituted in favor of a town, Corp or assoc. for
more than 50 years
 usufruct constituted on immovable whereby a building is erected – &
building is destroyed – right to make use of land & materials
 if owner wishes to construct a new building – pay usufructuary the
value of interest of land & materials
 both share in insurance if both pays premium; if only owner – then
proceeds will go to owner only
 effect if bad use of the thing – owner may demand the delivery of
and administration of the thing with responsibility to deliver net
fruits to usufructuary
 at termination of usufruct:
 thing to be delivered to owner with right of retention for taxes &
extraordinary expenses w/c should be reimbursed
 security of mortgage shall be cancelled
BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP
 Different Modes of acquiring ownership:
 Occupation
 Donation
 Prescription
 Succession
 Tradition
 MODE– Proximate cause of ownership ( sales, donation)
 TITLE – Remote cause of ownership; merely constituted the means
· OCCUPATION
1. There should be a corporeal thing (tangible) which must have a
“corpus” (body) & that thing should have no owner
2. There must be actual occupancy; thing must be subjected to one’s
control/disposition
 3. There must e an intention to occupy
4. Accomplished according to legal rules
 What are the things susceptible to occupation?
 things that are w/o owner – res nullius; abandoned
 stolen property cannot be subject of occupation
 animals that are the object of hunting & fishing
kinds of animals:
 wild – considered res nullius when not yet captured; when captured
& escaped – become res nullius again
 domesticated animals – originally wild but have been captured &
tamed; now belong to their capturer; has habit of returning to
premises of owner; becomes res nullius if they lose that habit of
returning & regain their original state of freedom
 domestic/tame animals – born & ordinarily raised under the care of
people; become res nulliuswhen abandoned by owner
 hidden treasure (only when found on things not belonging to anyone)
 abandoned movables
 Animals:
a) Swarm of bees
 owner shall have right to pursue them to another’s land (owner to
identify latter for damages, if any)
 land owner shall occupy/retain the bees if after 2 days, owner did
not pursue the bees
 Domesticated animals
 may be redeemed within 20 days from occupation of another
person; if no redemption made, they shall pertain to the one
who caught them
 Pigeons & fish
 when they go to another breeding place, they shall be owned
by the new owner provided they are not enticed
 Movables:
1) Treasure found on another’s property
 consist of (1) money, precious objects & 2) hidden & owner is
unknown
 finding must be by chance in order that stranger may be entitled to
½ of the treasure
 Movable found w/c is not treasure
 must be returned to owner
 if finder retains the thing found – may be charged with theft
 if owner is unknown, give to mayor; mayor shall announce finding of
the movable for 2 weeks in way he deems best
 of owner does not appear 6 months after publication, thing found
shall be awarded to finder
 if owner appears, he is obliged to pay 1/10 of value of property to
finder as price
 if movable is perishable or cannot be kept w/o deterioration or w/o
expenses it shall be sold at public auction 8 days after the
publication
 What cannot be acquired by occupation
Ownership of a piece of land
 because when a land is without an owner, it pertains to the state
 land that does not belong to anyone is presumed to be public land
 but when a property is private and it is abandoned – can be object of
occupation
PRESCRIPTION – mode by which one acquires ownership and other real
rights thru lapse of time; also a means by which one loses ownership,
rights & actions; retroactive from the moment period began to run
 Kinds:
1. Acquisitive
1. Extinctive
 Who may acquire by prescription:
1. person who are capable of acquiring property by other legal modes
2. STATE
3. minors – through guardians of personally
 Against whom prescription run:
 1. minors & incapacitated person who have guardians  4 years for movables
2. absentees who have administrators  8 years for immovables
3. persons living abroad who have administrators 4. in concept of an owner
4. juridical persons except the state with regards to property not 5. public, peaceful, uninterrupted
patrimonial in character  Requisites for extra-ordinary prescription:
5. between husbands & wife 1. just title is proved
6. between parents & children (during minority/insanity) 2. within time fixed by law
7. between guardian & ward (during guardianship)  10 years for movables
8. between co-heirs/co-owners  30 years for immovables
9. between owner of property & person in possession of property in 3. in concept of an owner
concept of holder 4. public, peaceful, uninterrupted
 Things subject to prescription: all things within the commerce of  GOOD FAITH
men  Reasonable belief that person who transferred thing is the owner &
1. private property could validly transmit ownership
2. patrimonial property of the state  Must exist throughout the entire period required for prescription
 Things not subject to prescription:  JUST TITLE (TRUE & VALID) – must be proved & never presumed
1. public domain  Titulo Colorado –
2. in transmissible rights  Titulo putativo –
3. movables possessed through a crime  title must be one which would have been sufficient to transfer
4. registered land ownership if grantor had been the owner
 Renunciation of prescription:  through one of the modes of transferring ownership but there is
 persons with capacity to alienate may renounce prescription already vice/defect in capacity of grantor to transmit ownership
obtained but not the right to prescribe in the future  IN CONCEPT OF OWNER
 may be express or tacit  possession not by mere tolerance of owner but adverse to that of the
 prescription is deemed to have been tacitly renounced; renunciation owner
results from the acts w/c imply abandonment of right acquired  claim that he owns the property
 creditors & persons interested in making prescription effective may  PUBLIC, PEACEFUL & UNINTERRUPTED
avail themselves notwithstanding express or tacit renunciation  Must be known to the owner of the thing
PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS  Acquired & maintained w/o violence
 Uninterrupted (no act of deprivation by others) in the enjoyment of
 Kinds of Acquisitive prescription property
1. ordinary  INTERRUPTION
2. extra-ordinary  Natural
 Requisites for ordinary prescription:  through any cause, possession ceases for more than 1 year
1. possession in good faith  if 1 year of less – as if no interruption
2. just title  civil
3. within time fixed by law
  produced by judicial summons; except  upon a quasi-delict
1. void for lack of legal solemnities  1 year
2. plaintiff desist from complaint/allow proceedings to lapse  for forcible entry & detainer
3. possessor is absolved from complaint  for defamation
 express or tacit renunciation  Rights not extinguished by prescription:
 possession in wartime 1. demand right of way
 RULES IN COMPUTATION OF PERIOD: 2. abate public /private nuisance
1. Present possessor may tack his possession to that of his grantor or 3. declare contract void
predecessor in interest 4. recover property subject to expressed trust
2. Present possessor presumed to be in continuous possession I 5. probate of a will
intervening time unless contrary is proved 6. quiet title
3. First day excluded, last day included Characteristics of DONATION:
 TACKING PERIOD  Unilateral – obligation imposed on the donor
 there must be privity between previous & present possessor  Consensual – perfected at time donor knows of acceptance
 possible when there is succession of rights  Requisites of Donation:
 if character of possession different: 1. Reduction in patrimony of donor
 predecessor in bad faith possessor in good faith – use extraordinary 2. Increase in patrimony of donee
prescription 3. Intent to do act of liberality
PRESCRIPTION OF ACTIONS 4. Donor must be owner of property donated
 Requirements of a donation:
 By lapse of time fixed by law
1. subject matter – anything of value; present property & not future,
 30 years
must not impair legitime
 action over immovables from time possession is lost
2. causa – anything to support a consideration: generosity, charity,
 10 years
goodwill, past service, debt
 mortgage action
3. capacity to donate & dispose & accept donation
 upon written contract
4. form – depends on value of donation
 upon obligation created by law
 Kinds of Donation according to Effectivity:
 upon a judgement
Donation Inter Vivos Donation Mortis Causa
 8 years
 action to recover movables from time possession is lost Disposition and acceptance to
 6 years take effect during lifetime of Disposition happens upon the
donor and donee death of donor
 upon an oral contract
 upon a quasi-contract Even if there is a term of
 5 years effectivity and effectivity is upon
Already pertains to the donee the death of the donor, still
 actions where periods are not fixed by law unless there is a contrary intent entitled to fruits
 4 years
 upon injury to rights of plaintiff
 Formalities required – follow law
on donations and certain kinds of
donations & law on obligations
and contracts (suppletory)
Irrevocable at the instance of the
donor; may be revoked only by
reasons provided by law
Formalities required – follow law
on succession to be valid, and
donation must be in the form of
a will
Revocable ad mutuum (exclusive
will of donor)
a)
Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past
services provided they do not constitute demandable debtValuable
consideration is imposed but value is less than value of thing
donatedValuable consideration givenb) law to apply/ forms

Revoked only for reasons

provided for by law (except Law on donationsLaw on donationsExtent of burdenLaw on obligations
onerous donations)
imposed>oblicon
 Acceptance
 acceptance must be made personally or thru agent excess>donationc) form of acceptance
 donation may be made orally or in writing
 movable: RequiredRequiredRequiredRequiredd) reservation w/regards to
personal support & legitime
5,000 & below – may be oral or written, if oral it must be with
ApplicableApplicableApplicableNot Applicablee) warranty against
simultaneous delivery of thing/document &
eviction & hidden defects
acceptance need not be in writing
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
above 5,000 – must be written and accepted also in writing
ApplicableApplicableApplicableApplicable
 immovable – must be in a public instrument & acceptance must also
 Who may give donations
be in a public instrument (in same instrument or in other instrument)
 In case of doubt with regards to nature of donation: inter vivos
– All persons who may contract and dispose of their property
 Badges of mortis causa:
1. Title remains with donor (full or naked ownership)& conveyed only  Who may accept donations:
upon death
2. Donor can revoked ad mutuum 1. natural & juridical persons w/c are not especially disqualified by law
3. Transfer is void if transferor survives transfer
 Kinds of donation INTER VIVOS 2. minors & other incapacitated
 pure/simple
 remuneratory a) by themselves
 conditional
 onerous  if pure & simple donation
 if it does not require written acceptance
Pure/Simple Remuneratory Conditional Onerous
b) by guardian, legal representatives if needs written acceptance 1. If movable – one who first take possession in good faith

1. natural guardian – not more than 50,000 2. If immovable – one who recorded in registry of property in good faith
2. court appointed – more than 50,000
3. conceived & unborn child, represented by person who would have – no inscription, one who first took possession in good faith
been a guardian if already born
 Who are disqualified to donate: – in absence thereof, one who can present oldest title

1. guardians & trustees with respect to property entrusted to them  REVOCATION OF DONATIONS
 applies only to donation inter vivos
2. husband & wife  not applicable to onerous donations
 With regards to donations made by person without children or
3. between paramours/persons guilty of adultery descendants at time of donation:
1. If donor should have legitimate, legitimated or illegitimate children
4. between parties guilty of same criminal offense 2. If child came out to be alive & not dead contrary to belief of donor
3. If donor subsequently adopts a minor child
5. made to public officers, wife, descendant, ascendant  Action for revocation based on failure to comply with condition in
case of conditional donations
 Other persons disqualified to receive donations:
 Action for revocation by reason of ingratitude
1. priest who heard confession of donor during his last illness
1. Donee commits offense against person, honor, property of donor,
2. relatives of priest within 4th degree, church, order, community where
spouse, children under his parental authority
priest belongs
2. Donee imputes to donor any criminal offense or any cat involving
3. physician, nurse, etc. who took care of donor during his last illness
moral turpitude even if he should prove it unless act/crime has been
4. individuals, corporations, associations not permitted
committed against donee himself, spouse or children under his
 What may be given:
parental authority
 All or part of donor’s present property provided he reserves
3. Donee unduly refuses to give support to donor when legally or
sufficient means for the support of the ff:
morally bound to give support to donor
 himself
NON-FULFILLMENT
 relatives who by law are entitled to his support BIRTH OF CHILD OF CONDITION INGRATITUDE
 legitimes shall not be impaired
 when w/o reservation or if inofficious, may be reduced on petition Ipso jure
revocation, no need
of persons affected for action., court
 except: conditional donation & donation mortis causa
 except: future property
decision is merely
 DOUBLE DONATIONS:
 Rule: Priority in time, priority in right
declaratoryneeds court actionneeds court actionExtent: portion which
may impair legitime of heirsExtent: whole portion but court may rule
partial revocation onlyExtent: Whole portion returnedProperty must be  Inofficious donations:
returnedProperty in excessProperty to be returned 1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have right to legitimate at
Alienation/mortgages done time of donation
prior to recording in 3. donees/creditors of deceased donor cannot ask for reduction of
Register of Deeds: donation
4. if there are 2 or more donation: recent ones shall be suppressed
If already sold or cannot be returned – the value must be returned 5. if 2 or more donation at same time – treated equally & reduction is
pro rata but donor may impose preference which must be expressly
If mortgaged – donor may redeem the mortgage with right to recover stated in donation
from doneeAlienations/mortgages imposed are void unless registered
with Register of DeedsPrior ones are void; demand value of property
when alienated and can’t be recovered or redeemed from
3rd personsFruits to be returned at filing of action for revocationFruits to
be returned at filing of complainant Prescription of action is 4 years
from birth, etc.Prescription is 4 years from non-fulfilmentPrescription is
1 year from knowledge of fact and it was possible for him to bring
actionAction cannot be renouncedAction cannot be renounced in
advance Right of action transmitted to heirsRight of action at instance
of donor but may be transmitted to heirsHeirs can’t file actionAction
extends to donee’s heirsAction does not extend to donee’s heirs
 Exception to rule on intransmissibility of action with regards to
revocation due to ingratitude:
 donor has instituted proceedings but dies before bringing civil
action for revocation
 donor already instituted civil action but died, heirs can
substitute
 donee killed donor or his ingratitude caused the death of the
donor
 donor died w/o having known the ingratitude done
 criminal action filed but abated by death
1. personal to the donor; general rule is heir cannot institute if donor
did not institute
2. heirs can only file in the ff cases:
1. can only make heirs of donee liable if complaint was already filed
when donee died