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PROPERTY
Property defined: All things which are (already in the
possession of man) or may be (susceptible of
appropriation) the objects of appropriation are
considered as property either as immovable or movable.
Appropriation defined: equivalent to occupation; willful
apprehension of a corporeal object which has no owner
with the intent to acquire ownership.
Thing Property
Generic sense: all Includes not only
objects that exist things which are
which can be of already possessed
UTILITY to men. by man, but also
Juridical sense: all those which are
objects that exist susceptible of being
which can be of possessed by man.
UTILITY to men and
CAPABLE of
APPROPRIATION.
 For purposes of distinction, thing should be
understood in its generic sense.
Requisites of property:
1. Utility – capable of satisfying human needs (e.g.
food, shelter, and clothing).
2. Individuality/substantivity – quality of having
existence apart from any other thing or property (e.g.
parts of the human body may, within the limits
prescribed by law, become property only when
separated from the body of the person to whom they
belong).
3. Appropriability – susceptibility of being possessed
by men. Hence, diffused forces of nature in their
totality cannot be considered as property (e.g. air,
lightning).
 An object cannot be considered as property because
of PHYSICAL IMPOSSIBILITY (e.g. res communes) or
LEGAL IMPOSSIBILITY (e.g. human body).
Res communes – common things which are not
capable of appropriation in their entirety (e.g. air,
lightning) although they may be appropriated under
certain conditions in a limited way (e.g. oxygen,
electricity). In case of the latter, they become property.
Res nullius – that which has no owner because it has
not yet been appropriated (e.g. hidden treasure, wild
animals, fish in the ocean), or because it has been lost
or abandoned by the owner. It constitutes property as
long as it is susceptible of being possessed for the use
of man.
Res alicujus – objects already owned or possessed by
men.
THE HUMAN BODY
During lifetime: RULE: it is NOT a property. Hence,
cannot be appropriated. EXCEPTION: within the limits
prescribed by law. R.A.7719 promotes voluntary blood
donation; service contracts (e.g. modeling).
After death: RULE: still, NOT a property by reason of
public policy. Personality of a man demands respect
even after death. EXCEPTION: within the limits
prescribed by law. R.A 349 legalizes permission of use
human organs or any portion of the human body for
medical, surgical, or scientific purposes under certain
conditions; R.A 7170 authorizes the legacy or donation
of human organs after death or for transplant as well as
the advancement of research, medical and dental
education and therapy.
RIGHTS AS PROPERTY
Property includes not only material objects, but also
rights (although these are merely relations). However,
only rights which are PATRIMONIAL in nature can be
considered as property. Otherwise, they are not (e.g.
(family rights, right to life, liberty).
Classification of Rights:
1. Real rights (jus in re): interest belonging to a person
over a specific thing without a definite passive subject
against whom such right may be personally enforced
(e.g. ownership).
Elements:
a. Ownership of an object by a subject.
b. General obligation of respect, there being no
particular passive subject.
c. Effective actions against anyone who may want
to disturb it.
2. Personal rights (jus in personam/ad rem): the
power of a person (creditor) to demand from another
(debtor) as a definite passive subject, the fulfillment of
the latter‟s obligation; the right of obligation.
Elements:
a. Subjects consisting of active (creditor-obligee)
and passive (debtor-obligor).
b. There is a particular passive subject who is
bound to observe the obligation.
c. Effective actions against the passive subject.
REAL RIGHTS DISTINCTIONS PERSONAL
A definite Number of A definite
active subject; persons active subject
the rest of the involved and passive
world as subject.
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passive
subject. As to NUMBER:
Generally, Object Intangible thing a. Universal – several things collectively form a
corporeal involved (prestation) single object in law under one name (e.g.
things inheritance).
By mode or title Causes of By title only b. Generic – that which indicates its homogenous
creation nature (e.g. a house).
Real actions Nature of Personal c. Specific – that which indicates the specie or its
against third actions actions against nature and the individual (e.g. the house at #6
persons the definite Upper Malvar).
passive subject
By the loss or Methods of By other As to EXISTENCE:
destruction of extinguishment causes a. Present – actually exists physically or legally.
the property b. Future – do not actually exist by whose
existence can reasonably be expected (e.g.
ungathered fruits).
CLASSIFICATION OF THINGS
As to DIVISIBILITY:
Spiritual Ecclesiastical a. Divisible – can be divided physically or juridically
Directly influences the Sacred without injury to their nature (e.g. inheritance).
religious submission of Religious b. Indivisible - cannot be divided without destroying
men such as Holy their nature or rendering the fulfillment of the
sacraments and Temporal juridical relation (e.g. horse).
prayers.
As to IMPORTANCE:
a. Principal - those which other things are
dependent (e.g. the land on which a house is
These are personal prestations, or acts or services built).
productive of utility. They are not manifest to the senses, b. Accessory – dependent upon the principal (e.g.
but are conceived only by the understanding. the house built on the land).

As to PURPOSE or HOMOGENEITY of SPECIE:

Requisites:
a. External – it is a manifested act.
b. Personal – done by the debtor himself.
c. Possible – can be done both in nature and in
law.
As to OWNERSHIP:
a. Common – created by Nature for the use of all;
res communes (e.g. sun).
b. Public – owned by the State for the use of its
inhabitants either directly (e.g. roads) or
indirectly (e.g. fortress).
c. Private – owned by private individuals.
d. Nullius – no owner; res nullius (e.g. hidden
treasure).
e. Corporate – owned collectively either as
patrimonial (e.g. properties of LGUs held in a
private capacity) or communal (e.g. plazas).
a. Fungible – belong to a common genus
permitting substitution (e.g. grains).
b. Non-fungible – specifically determined and
cannot be substituted (e.g. lands).
As to CONSUMABILITY or NATURE:
a. Consumables – those which are used by
consumption (e.g. food).
b. Non-consumables – not consumed by use (e.g.
money).
As to ALIENABILITY:
a. Within the commerce of man – can be the object
of juridical relations.
b. Outside the commerce of man – cannot be the
object of juridical relations.

As to IMMOBILITY:
a. Immovable – cannot be transferred from place to
place because of the nature, incorporation,
destination or by analogy.
b. Movable – can be moved from place to place.
c. Semi-movable – those which move by
themselves (e.g. animals).
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CLASSIFICATION OF PROPERTY
Tests:
a. Immovable - cannot be transferred from place to
place.
b. Movable – excluded from the enumeration of
immovable and can be moved from place to place
without damage thereto.
c. Mixed/semi-movable - those which move by
themselves (both immovable and movable in
nature).
IMMOVABLE PROPERTY
(1) By NATURE – it cannot be carried from place to
place.
a. Lands, buildings, roads and constructions
(adhered to the soil).
b. Mines, quarries and slag dumps, while the
matter thereof forms part of the bed, and waters
either running or stagnant.
 The materials constituting a building which is the
subject of demolition are movable.
 A structure which is merely superimposed, not
adhered, to the soil may be considered movable.
(2) By INCORPORATION – essentially movables but
are attached to an immovable in a fixed manner to
be an integral part thereof.
a. Constructions (adhered to the soil).
b. Trees, plants and growing fruits while they are
attached to the land or form an integral part of
an immovable.
c. REX VINTA: Everything attached to an
immovable in a fixed manner in such a way that
it cannot be separated therefrom without
breaking the material or deterioration of the
object.
d. Animal houses or breeding places, in case the
owner has placed them or preserve them with
the INTENTION to attach them permanently tot
the land, and the ANIMALS in these places.
e. Statutes, reliefs painting or other objects for
USE or ORNAMENTATION, placed in a building
or on lands, by the OWNER of the immovable in
such a manner that it reveals the INTENTION to
attach them permanently to the tenements.
 These are immovable both by
incorporation and by destination. As distinguished from
REX VINTA, these can generally be separated from the
immovable without breaking the object. These objects
become immobilized only when placed in the tenement
by the owner of such tenement. When placed by a mere
holder (e.g. tenant), these objects do not become
immovable property UNLESS such person acts as an
AGENT of the owner (e.g. lease of land with stipulation
that the lessee will construct improvements which will
become the property of the lessor).
 Trees and plants are immovable only when they are
attached to the land. When they have been cut or
uprooted, they become movable, EXCEPT when timber
constitutes the natural product of the tenement, in which
case, it still forms an integral part of the immovable.
 For purposes of the Chattel Mortgage Law,
ungathered fruits may be considered as movable.
(3) By DESTINATION – essentially movables but are
placed in an immovable as an added utility.
a. Indirect utility: Statutes, reliefs painting or other
objects for USE or ORNAMENTATION, placed
in a building or on lands, by the OWNER of the
immovable in such a manner that it reveals the
INTENTION to attach them permanently to the
tenements.
b. Direct utility: Machinery, instruments or
implements INTENDED by the owner of the
tenement for an INDUSTRY or WORKS which
may be carried on in a building or land, and
which tend DIRECTLY to meet the needs of
such industry or works.
c. Animal houses or breeding places, in case the
owner has placed or preserved them with the
INTENTION to attach them permanently to the
land, and the ANIMALS in these places.
d. Fertilizers ACTUALLY used on a piece of land.
e. Docks and structures which, though floating, are
INTENDED by their nature and object to remain
at a fixed place on a river, lake or coast.
(4) By ANALOGY - classified by express provision of
law because it is regarded as united to the
immovable property.
a. Contracts for public works.
b. Servitudes.
c. Real rights over immovable property.
MOVABLE PROPERTY
(1) General Rule: all things which can be transported
from place to place without impairment of the real
property to which they are fixed.
(2) Exclusions: those movables susceptible of
appropriation which are not included in the
enumeration of immovables.
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to the principles on private properties (e.g. subject to

(3) Special: real property which by any special prescription.
provisions of law is considered as personalty.
CONCEPTS ON PUBLIC DOMINION
(4) In parts: forces of nature which are brought under
control by science. a. Public dominion does not import the idea of
ownership. Property of public dominion is not
(5) Obligations (credits) and actions (replevin) owned by the State but simply under its jurisdiction
which have for their object movables (corporeal and administration for the collective enjoyment of
or intangible) or demandable sums. all the people of the State of which it is the territorial
 These are really personal rights because they sovereign.
have a definite passive subject (e.g. intellectual b. The purpose of property of public dominion is not to
property). serve the State as a juridical person but the
citizens. It is intended for the common and public
(6) Shares of stocks or interests in juridical entities. welfare so it cannot be the object of appropriation
either by the State or by private persons.
Classification as to nature: c. The relation of the State to this property arises from
the fact that the State is the juridical representative
a. Consumable – cannot be used in a manner of the social group and as such it takes care of and
appropriate to their nature without being consumed. preserves the same and regulates its use for the
 Consumable goods cannot be the subject matter general welfare.
of a contract of commodatum unless the purpose of d. Properties of public dominion are outside the
the contract is not the consumption of the object as commerce of men. Hence:
when it is merely for exhibition.  Cannot be sold, leased or otherwise be the subject
matter of contracts.
b. Non-consumable - not consumed by use.  Cannot be acquired thru prescription not even by
municipalities against the State.
Classification according to purpose:  Cannot be attached or sold at public auction to
satisfy a judgment. Otherwise, essential governmental
a. Fungibles - belong to a common genus permitting services would be jeopardized.
substitution of the same kind, quantity and quality;  Cannot be burdened by easements.
(e.g. 10 bottles of wine).  Cannot be registered under the land registration law
and be the subject of a Torrens title.
b. Non-fungibles – specifically determined and cannot
be substituted (e.g. 10 bottles of wine which I have
in my room). PUBLIC LAND GOVERNMENT LAND
Uniformly used to A broader term. It
describe the national includes not only public
PROPERTY CLASSIFIED ACCORDING TO domain under the lands but also other
OWNERSHIP legislative power of lands of the government
Congress as has not already reserved, or
PUBLIC been subjected to devoted to public use, or
NATIONAL/STATE private right or devoted subject to private rights.
to public use. It is It includes patrimonial
1. Property of public dominion: equivalent to lands of lands.
a. For public use (e.g. roads, canals, rivers). the public domain. It
b. For public service (e.g. public buildings). refers to lands as are
c. For the development of the national wealth. thrown open to private
appropriation and
 N.B. Regalian Doctrine settlement by
homestead land other
2. Patrimonial property: used by the State as a juridical laws.
person in its private capacity (e.g. property acquired
through escheat proceedings, tax sales). It is the
property which the State has the same rights, and of
which it may dispose, to the same extent as private
individuals according to laws and regulations on the
procedure of exercising such rights. Hence, it is subject
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CONVERSION OF PROPERTY OF PUBLIC
DOMINION TO PATRIMONIAL PROPERTY
a. Formal declaration by the legislative department of
the government that the property of the State is no
longer needed for public use or for public service.
Otherwise, the property continues to be of public
dominion notwithstanding the fact that it is not
actually devoted for such use or service.
b. In case of political subdivisions, the conversion
must be authorized by law
PUBLIC
LOCAL
1. Property for public use: provincial roads, city
streets, squares, fountains, public waters,
promenades, public works for public service paid for
by such political subdivision.
2. Patrimonial property: used by the political
subdivision as a juridical person in its private
capacity (e.g. property acquired through escheat
proceedings, tax sales). It is the property which the
unit has the same rights, and of which it may
dispose, to the same extent as private individuals
according to laws and regulations on the procedure
of exercising such rights. Hence, it is subject to the
principles on private properties (e.g. subject to
prescription.
 The principles governing property of public dominion
of the State are applicable to property of public use
of the political subdivisions.
 Political subdivisions cannot register as their own
any part of the public domain, unless it is first
shown that a grant thereof has been made or
possession has been enjoyed during the period
necessary to establish a presumption of ownership.
 They have no authority to control or regulate the use
of public properties unless specific authority is
vested upon them by Congress.
PROPERTY OF PRIVATE OWNERSHIP
This refers to all property belonging to private persons
either individually or collectively and those belonging to
the State and any of its political subdivisions which are
patrimonial in nature.
PROVISIONS COMMON TO THE THREE
PRECEDING CHAPTERS
Whenever the word “muebles” or “furniture, is used
alone, it shall not be deemed to include money, credits,
commercial securities, stocks and bonds, jewelry,
collections (scientific or artistic), books, medals, arms,
clothing, horses or carriages and their accessories,
grains, liquids and merchandise, or other things which
do not have as their principal object the furnishing or
ornamenting of a building EXCEPT when the contrary
intention appears.
OWNERSHIP
Definition: The independent right of a person to the
exclusive enjoyment and control of a thing including its
disposition and recovery subject only to the restrictions
established by law and the rights of others.
Objects: Ownership may be exercised over THINGS or
RIGHTS.
Attributes of ownership:
1. Right to enjoy – includes right to use and enjoy (jus
utendi), right to the fruits (jus fruendi), right to
accessories (jus accessiones) and right to consume
by use (jus abutendi), within the limits prescribed by
law; includes the right to exclude any person from
the enjoyment and disposal thereof.
 Jus accessiones: The ownership of property gives the
right by accession to everything which is produced
thereby, or which is incorporated or attached thereto,
either naturally or artificially.
Right to possess: the right to hold a thing or enjoy a
right; It may be exercise in one’s own name or in the
name of the other; possession may be in the concept of
an owner or a mere holder with the ownership
pertaining to another; right to possess does not always
include the right to use.
2. Right to dispose – (jus disponendi) the power of
the OWNER to alienate, encumber, transfer and
even destroy the thing owned, totally or partially,
within the limits prescribed by law; includes right not
to dispose.
3. Right of action – (jus vindicandi) given by the law to
the person whose property has been wrongfully
taken from him against any person unlawfully
detaining it even if the possession of the latter has
been legalized by conveyance, either to recover
damages or the possession of the property; the right
of action can be transferred.
 However, the person who claims the he has a better
right to the property must prove (burden of proof) his title
thereto. Accordingly, a person in peaceful possession of
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property must be respected in his possession until a
competent court rules for his ouster.
ACTIONS FOR POSSESSION
1. Ejectment cases:
a. Forcible entry – A person deprived of the possession
of any land or building by force, intimidation, stealth,
threat and strategy (FISTS).
b. Unlawful detainer – Any landlord, vendor, vendee or
other person against whom the possession of any
land or building is unlawfully withheld after the
expiration or termination of the right to hold
possession by virtue of any contract, express or
implied.
Period to file action: Within 1 year after such unlawful
deprivation or withholding of possession, commencing
from the time of last demand (oral or written; direct or
indirect) to vacate. No demand is necessary for a lessee
to vacate when it is specifically provided for in the
agreement.
Prayer: for the restitution of possession, with damages
and costs. However, the only damages that can be
recovered in an Ejectment suit are the fair rental value or
the reasonable compensation for the use and occupation
of the real property. Other damages must be claimed in
an ordinary action.
The defendant, however, may set up a counterclaim for
moral damages and recover it if it is within the
jurisdiction of the court.
Jurisdiction: MTC (summary proceedings). Whatever
the amount of plaintiff‟s damages will not affect the
court‟s jurisdiction.
Issue: Physical possession. The decision in such action
is res judicata in the question of possession.
 Sublessees are bound by the judgment rendered
against the lessee in an ejectment case even if they
were not made parties thereto.
2. Accion publiciana (plenary action): whenever the
owner is dispossessed by any other means (e.g.
possession is due to tolerance of the owner) other
than FISTS, he may maintain this action to recover
possession without waiting for the expiration of 1
year before commencing this suit. It may also be
brought after the expiration of 1 year if no action had
been instituted for forcible entry or unlawful detainer.
3. Accion reinvindicatoria: action for recovery of
dominion over the property as owner.
 This action should be filed in case of refusal of a party
to deliver possession of property due to an adverse
claim of ownership.
 A suit to recover possession of a parcel of land as an
element of ownership is a reinvindicatory action.
4. Writ of possession: A writ of possession is
improper to eject another from possession except in
the following cases:
a. After the land has been registered under the Torrens
system of registration.
b. Extrajudicial foreclosure of mortgage.
c. Judicial foreclosure of mortgage provided that the
rd
mortgagor has possession and no 3 party
intervened.
d. Execution sales.
5. Writ of injunction: injunction is not a proper remedy
for the recovery of possession. But where the
plaintiff is admittedly the owner of the property, and
is in possession thereof, he is entitled to the
equitable remedy of injunction to prevent or restrain
acts of trespass and illegal interference by others
with the possession of the property.
RIGHT TO ENCLOSE OR FENCE: Every owner may
enclose or fence his land or tenements by any
reasonable means subject to the right of others to
existing servitudes imposed on the land or tenement.
RIGHT TO SPACE, SUBSOIL, AND SURFACE
RIGHTS OF A LAND OWNER: The owner of a parcel
of land is the owner of its surface and of everything
under it, and he can construct thereon any works or
make any plantations and excavations which he may
deem proper, without detriment to servitudes and
subject to special laws and ordinances. He cannot
complain of the reasonable requirement of aerial
navigation.
 Economic utility: The right of the landowner
extends to the space and subsoil as far as necessary
for his practical interests, or to the point where it is
possible to assert his dominion; beyond these limits, he
would have no legal interest.
 The right of the owner of a parcel of land to construct
any works or make any plantations and excavations on
his land is subject to:
a. Existing servitudes or easements.
b. Special laws.
c. Local ordinances.
d. The reasonable requirements of aerial navigation.
e. Rights of third persons.
Regalian doctrine: All minerals and other natural
resources found either in public or private lands are
owned by the State.
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DISPUTABLE PRESUMPTION OF OWNERSHIP
Requisites:
1. There must be actual (physical or material)
possession of the property.
2. The possession must be under claim of
ownership.
 Hence, the true owner must resort to judicial
process for the recovery of the property.
REQUISITES FOR ACTION TO RECOVER
1. Identity of the property.
2. Strength of plaintiff‟s title (proof of ownership).
 Evidence to prove ownership: ownership may be
proved by any evidence admissible in law.
a. Torrens title.
b. Title from the Spanish Government.
c. Patent duly registered in the Registry of
Property by the grantee.
d. Deed of sale.
e. Long possession.
 Tax declarations are not conclusive proof of
ownership. However, when coupled with
possession for a period sufficient for prescription,
they become strong evidence of ownership. Also,
the failure of a person to declare land for taxation
may be admitted to show that he is not the owner
thereof.
LIMITATIONS ON THE RIGHT OF
OWNERSHIP
1. Those imposed in general by the State in the
exercise of the power of taxation, police power, and
power of eminent domain.
2. Those imposed by law such as legal easements and
the requirement of legitime in succession.
3. Those imposed by the grantor of the property on the
grantee, either by contract or by last will.
4. Those imposed by the owner himself, such as
voluntary easement, mortgage, pledge and lease.
5. Those arising from conflicts of private rights such as
those which take place in accession continua or
those caused by contiguity of property.
6. Prohibition against the acquisition of private lands by
aliens.
OBLIGATION TO RESPECT THE RIGHTS OF
OTHERS: The owner of a thing cannot make use
thereof in such a manner as to injure the rights of a 3rd
person.
 This is based on the police power of the State.
 It does not apply where the owner of a thing makes
use of it in a lawful manner for then it cannot be said
that the manner of the use is such “as to injure the rights
of a third person”.
RIGHT TO SPACE, SUBSOIL, AND SURFACE
RIGHTS OF A LAND OWNER: The right of the owner of
a parcel of land to construct any works or make any
plantations and excavations on his land is subject to:
a. Existing servitudes or easements.
b. Special laws.
c. Local ordinances.
d. The reasonable requirements of aerial navigation.
e. Rights of third persons.
 If the prohibition is to alienate the property is
perpetual, it is considered as void. The maximum period
of inalienability, when imposed by will, is 20 years,
unless a fideicomissary substitution has been
established. The same principle, by analogy, can apply
to any other gratuitous disposition such as donation,
unless the donor provides for reversion (Art. 757), in
which case, a longer period may be allowed.
 In mortgage contracts, a stipulation forbidding the
owner from alienating the property mortgaged is void
(Art. 2130).
 Where the stipulation on inalienability is valid, the
property is NOT subject to attachment. Otherwise, the
prohibition to alienate would be illusory.
PRINCIPLE OF SELF – HELP
Who may avail? The OWNER or LAWFUL
POSSESSOR of a thing.
Right involved: RIGHT TO EXCLUDE any person from
the ENJOYMENT and DISPOSAL thereof.
Self-help: For this purpose, he may use such force as
may be reasonably necessary to repel or prevent an
actual or threatened UNLAWFUL physical invasion or
usurpation of his property.
Requisites of self-help:
1. Owner must be lawful possessor.
2. Owner must use only reasonable force.
3. There must be actual or threatened physical
invasion or usurpation.
4. Can only be exercised at the time of an actual or
threatened dispossession or immediately after the
dispossession has taken place.
 The actual invasion of property may consist of a mere
disturbance of possession or of real dispossession. In
the first case, the force may be used as long as the
disturbance continues. In the second case, the force to
regain possession can be used only immediately after
the dispossession. Once the usurper’s possession has
become firm by lapse of time, the lawful possessor must
resort to the competent authority to recover his property.
 The principle of self defense in the RPC covers not
only defense of a man’s person but also extends to his
rights including the right of property.
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 Self-help doctrine is MODIFIED by the principle of
state of necessity, and the condemnation of property
through the exercise of State powers (eminent domain
and police power).
STATE OF NECESSITY
The owner of a thing has no right to prohibit the
interference of another with the same, if the interference
is necessary to avert an imminent hanger, and the
threatened damage, compared to the damage arising to
the owner from the interference, is much greater.
 State of necessity prevails over the principle of self-
help.
Right of the owner: Demand from the person benefited
indemnity for the damage to him. Exception: Tolentino –
If the owner of the property causing the danger would
have been responsible for damages if the danger had
not been averted (e.g. to prevent inundation, demolition
of a dam constructed without authority. The owner of the
dam need not be indemnified).
Requisites:
1. The interference is necessary.
2. The damage to another is much greater than the
damage to the property.
 The seriousness or gravity of the danger must be
much greater than the damage to the property affected
or destroyed by the protective act.
 Danger to life is always greater than damage to
property.
 If through an error, one believed himself to be in a
state of necessity, or used excessive means, his act
would be illicit, and the owner of the property can use
the principle of self-help.
 The law does not require that the person acting in a
state of necessity be free from negligence in the creation
of the threatened danger.
EXERCISE OF STATE POWERS
EMINENT DOMAIN: No person shall be deprived of his
property except by competent authority and fro public
use and always upon payment of just compensation.
Should this requirement be not complied with, the courts
shall protect and, in proper cases, restore the owner in
his possession.
POLICE POWER: When any property is condemned or
seized by competent authority in the interest of health,
safety or security, the owner thereof shall not be entitled
to compensation, unless he can show that such
condemnation or seizure is unjustified.
Requisites:
1. The interest of the public in general, as distinguished
from those of a particular class, requires such
interference.
2. The means employed are reasonably necessary for
the accomplishment of a purpose, and not unduly
oppressive upon individuals.
RIGHTS TO HIDDEN TREASURE
Concept: Treasure consists of money, jewels, or other
precious objects which are hidden and unknown, such
that their finding is a real discovery.
Rules:
a. The treasure belongs to the owner of the land if he is
the finder.
b. The finder is entitled to 1/2 if he is not the owner of
the land, provided the discovery is by chance.
c. If the finder is a trespasser, he shall not be entitled
to any share of the treasure.
d. If the things found be of interest to science or the
arts, the State may acquire them at their just price,
which shall be divided equally among the land owner
and the finder.
e. “By chance” means by good luck; there must be no
purpose or intent to look for treasure. If it does, the
finder, who is not the land owner, becomes a
trespasser.
f. The Code Commission do not preclude a finder who
hunts for hidden treasure; But the one who looks for
hidden treasure on the property of another should
have the latter‟s permission, since a trespasser is
not entitled to any share in the hidden treasure he
may find.
g. If the land owner gave his permission to the treasure
hunter, the latter is entitled to 1/2 because this is still
a case of “by chance”.
h. The rule is different if the finder is unaware of the
hidden treasure and he was commissioned by the
land owner to look for treasure. If the finder was so
ordered by the owner, his only right is to be paid his
salary, unless a contrary intention appears in the
agreement.
i. If the finder is a lessee or usufructuary, the latter
gets 1/2; if found by another person other than the
lessee or usufructuary, 1/2 goes to him and 1/2 goes
to the owner of the property on which it was found.
j. With respect to the term “other precious objects” it
would refer only to movables which are similar to
money or jewelry (ejusdem generis rule); they
include things of interest to science or the arts.
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k. The deposit must be “hidden and unknown”, since if
the treasure is purposely hidden, the owner may
recover it from the finder unless he has abandoned
the property or considered it lost without hope of
ever finding it.
l. Where the things discovered do not qualify as
hidden treasure, the rules on occupation would
apply.
RIGHT OF ACCESSION
Definition: The right of the owner of a thing, real or
personal, to become the owner of everything which is
produced thereby, or which is incorporated or attached
thereto, either naturally or artificially.
ACCESSION ACCESSORY
The fruits of, or additions Things joined to, or
to, or improvements included with the principal
upon, a thing (the thing for the latter‟s
principal) in its three embellishment, better
forms of building, planting use, or completion.
and sowing.
Not necessary to the The accessory and the
principal thing. principal must
together.
Both can exist only in relation to the principal.
 Since the law itself gives the right, accession may, in
a sense, be considered as a mode of acquiring property
under the law.
Kinds of Accession
1. Accession discreta – extension of the right of
ownership to the products of a thing.
 Based on the principle of justice for it is only just that
the owner of a thing should also own whatever it
produces.
Divisions: Natural fruits, industrial fruits, and civil fruits.
2. Accession continua – the acquisition of ownership
over a thing incorporated to that which belongs to
the owner.
 Based on convenience, necessity and utility, for it is
more practical that the owner of the principal should
also own the accessory instead of a co-ownership.
a. With respect to real property, it may either be.
I. Accession industrial (building, planting, sowing).
II. Accession natural (alluvium, avulsion/by force of
river, change of river course, and formation of
islands).
b. With respect to personal property, it may be:
I. Conjunction or adjunction.
II. Commixtion or confusion.
III. Specification
Basic principles on accession:
a. The owner of a thing owns the extension or increase
of such thing.
b. Accessory follows the principal.
c. The incorporation of the accessory with the principal
is effected only when two things are so united that
they cannot be separated without injuring or
destroying the juridical nature of one of them.
ACCESSION DISCRETA
RIGHT OF OWNER TO THE FRUITS
Fruits: include all the products of things, the benefits
from rights, and the advantage derived from the use of a
thing.
Divisions: Natural fruits, industrial fruits, and civil fruits.
General rule: All fruits belong to the OWNER of a thing.
 The fruits may either be in the form of damages
suffered by the owner of a land.
Exceptions:
go a. Possessor in good faith.
b. Usufructuary.
c. Lessee.
d. Pledgee.
e. Creditor in Antichresis.
Natural fruits:
a. The spontaneous products of the soil.
b. The young and other products of the soil.
 Under the rule partus sequitur ventrem, to the
owner of female animals would also belong the
young of such animals although this right is lost
when the owner mixes his cattle with those of
another.
Industrial fruits – The products of lands of any
kind which are produced through cultivation or
labor.
 Standing trees are not fruits since they are
considered immovables although they produce
fruits themselves. However, they may be
considered as industrial fruits when they are
cultivated or exploited to carry on an industry.
Civil fruits:
a. Rents of buildings.
b. Prices of leases (rents) of lands and other
property (including movables).
c. Amount of perpetual or life annuities or other
similar income.
Payment of Expenses: He who receives the fruits has
the obligation to pay the expenses made by a third
person in their production, gathering and preservation.
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Expenses covered:
a. Dedicated to the annual production, and not for
the improvement of the property.
b. Not unnecessary, excessive, of for pure luxury.
c. Required by the condition of the work or the
cultivation made.
 This rule may apply where the owner of the property
recovers the same from a possessor who has not yet
received the fruits although they may have already
gathered or harvested.
 The rule is in keeping with the principle on unjust
enrichment.
Effect of bad faith:
a. If the fruits have not yet been gathered at the time
the owner recovers possession from a possessor in
bad faith, he does not have to pay for production
expenses since a possessor in bad faith loses that
which has been planted or sown, without right to any
indemnity whatsoever, except for necessary
expenses of preservation.
 The land owner acquires the fruits by accession.
b. If the fruits are already severed or gathered, and are
ordered turned over to the owner of the land by the
possessor in bad faith, the latter is entitled to be
reimbursed and may deduct his expenses of
cultivation, gathering and preservation.
 Even where such expenses exceed the value of the
fruits, the owner must pay the expenses just the same
because the law makes no distinction.
 Moreover, he who is entitled to the benefits and
advantages must assume the risks and losses, the
owner, however, may free himself of the expenses by
permitting the possessor to complete the harvesting and
gathering of the fruits for him.
WHEN NATURAL AND INDUSTRIAL FRUITS
DEEMED TO EXIST: Only such as are manifest or born
are considered as natural or industrial fruits. With
respect to animals, it is sufficient that they are in the
womb of the mother, although unborn.
 Civil fruits are easily prorated for they are deemed to
accrue daily and belong to the possessor in good faith in
that proportion.
ACCESSION CONTINUA (INDUSTRIAL)
IMMOVABLE PROPERTY
BUILDING, PLANTING, SOWING
General Rule: Whatever is built, planted or sown on the
land of another and the improvements or repairs made
thereon belong to the owner of the land.
 The owner of the land must be known, otherwise no
decision can be rendered on the ownership of the thing
planted, built or sown until a hearing shall have been
accorded to whosoever is entitled thereto.
Presumption: All works, sowing, and planting are
presumed made by the owner and at his expense,
unless the contrary is proved.
a. The works were made by the owner – based on
positive law; a land naturally has an owner and the
law accordingly presumes that he made the works,
sowing or planting.
b. They were made at the owner‟s expense – as a
general rule. It cannot be said that one who builds,
plants or sows on another‟s land will do so at his
expense but for the benefit of the owner; hence, it
must be presumed that what is built, planted or sown
is done at the expense of the owner although the
one who did so was a third person.
RIGHTS WHERE THE LAND OWNER MAKES USE
OF THE MATERIALS BELONGING TO ANOTHER IN
PLANTING, CONSTRUCTING OR WORKING
Both parties in good faith: The land owner becomes
the owner of the materials but shall pay their value;
However, the owner of the materials shall have the right
to remove them but only in case he can do so without
injury to the plantings, constructions or work.
Hence, the owner of the materials is entitled to:
a. Reimbursement for the value of the materials; OR
b. Removal of the materials if the same can be done
without injury to the plantings, constructions or work.
Land owner in bad faith and owner of the materials
in good faith: He becomes the owner of the materials
but he shall be obliged to pay their value plus reparation
for damages; However, the owner of the materials may
remove them even if the removal may cause injury to the
plantings, constructions or work.
Hence, the owner of the materials is entitled to:
a. Reimbursement for the value of the materials plus
reparation for damages; OR
b. Removal of the materials whether or not injury could
be caused plus reparation for damages.
Landowner in good faith and the owner of materials
in bad faith: The latter would be liable for any
consequential damages, without right of removal.
Both parties in bad faith: They shall both be treated as
being in good faith.
 The owner cannot offer to return the materials instead
of paying their value; Nevertheless, if the materials have
not been damaged or transformed and can be returned
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in their original condition, the landowner may do so at his
expense, even without the consent of the owner of the
materials.
What is bad faith?
On the part of the land owner: If he knew that he had no
right to make use of such materials.
On the part of the owner of the materials: If the materials
were used by another in his presence, with his
knowledge and forbearance, and without opposition on
his part.
RIGHTS OF BUILDER, SOWER OR PLANTER
(BSP) WHERE THE CONSTRUCTION, PLANTING
OR SOWING IS MADE IN A LAND BELONGING
TO ANOTHER
BOTH PARTIES IN GOOD FAITH
 It is the owner of the land who is allowed to exercise
the option because his right is older and because by the
principle of accession, he is entitled to the ownership of
the accessory thing.
The landowner is given an option, either:
a. To appropriate the improvement as his own upon
payment of the required indemnity: necessary and
useful expenses; luxurious expenses shall not be
refunded but may be removed if the same can be
done without injury to the principal, unless the land
owner gives refund thereof;
Hence, the BSP is entitled to:
I. Reimbursement for the value of the improvement;
AND
II. Reimbursement for necessary and useful
expenses; luxurious expenses shall not be
refunded but may be removed if the same can be
done without injury to the principal, unless the land
owner gives refund.
 The obligation to pay indemnity is a personal
obligation. Hence, as a rule, cannot be transferred.
Right of retention: Only the BSP in good faith may
retain both the land and the improvements even against
the real owner until the indemnity has been paid in full by
the landowner who has elected to appropriate the
improvements. Consequently, the land owner has no
right to demand payment of rents for the occupation of
the land.
 Where the improvements have been destroyed by a
fortuitous event without the fault of the landowner, the
right of retention is extinguished; hence, there is no other
recourse for him but to vacate the premises and deliver
the land to its owner.
 During the period of retention, the BSP is not
necessarily a possessor in good faith. Hence, if he
receives fruits from the property, he is obliged to account
for such fruits, so that the amount thereof may be
deducted from the amount of indemnity to be paid to him
by the owner of the land.
b. OR, To oblige the sower to pay the proper rent, and
the builder or planter to pay the price of the land
unless the value of the land is considerably more
than what has been built or planted. In the latter
case, the builder or planter shall pay reasonable
rent, unless the owner appropriates the
improvement.
 In the event of the failure of the builder or planter to
pay after the land owner opted to sell the land, the latter
is entitled to removal of the improvement.
c. In case the BSP is required to pay reasonable rent,
a lease relationship is created. In case the parties
cannot agree on the terms of the lease, the Court
shall fix such terms.
 The improvements herein must be of a permanent
character. Otherwise, there is no accession and the
builder or planter must remove the construction.
 In case of eminent domain, land owner cannot
exercise option “a”.
 In case there is a contractual relation, the provisions
of such agreement shall be followed; the mentioned
rules apply even if the land owner is the government.
BSP IN BAD FAITH AND LAND OWNER IN GOOD
FAITH
Rule: He who builds, sows or plants in bad faith on the
land of another, loses what is built, planted or sown
without right to indemnity.
As a matter of justice, however, BSP is entitled to
reimbursement for necessary expenses of preservation
of the land incurred by him but without the right of
retention.
Effect to the fruits:
a. If the fruits have not yet been gathered, the land
owner does not have to pay for production expenses
since a BSP in bad faith loses that which has been
planted or sown, without right to any indemnity
whatsoever, except for necessary expenses of
preservation.
 The land owner acquires the fruits by accession.
b. If the fruits are already severed or gathered by the
BSP in bad faith, but they are ordered to be turned-
over to the land owner, the former is entitled to be
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reimbursement for expenses of cultivation, gathering
and preservation.
ALTERNATIVE RIGHTS OF LANDOWNER
1. To appropriate what has been built, sown, or planted
in bad faith without any obligation to pay any
indemnity except for necessary expenses for the
preservation of the land, plus damages
2. To ask the removal or demolition of what has been
built, planted or sown in order to replace things in
their former condition at the BSP‟s expense, plus
damages.
3. To compel the sower to pay the proper rent, and the
builder or planter to pay the value of the land,
whether or not the value of the land is considerably
more than the value of the improvements, plus
damages.
Hence, the BSP in bad faith has the following liabilities:
1. He loses what is built, planted or sown without right
to indemnity, except for necessary expenses.
2. He may be required to recover or demolish the work
in order to replace things in their former condition at
his own expense.
3. He may be compelled to pay the price of the land,
and in the case of the sower, to pay the rent.
4. He is liable for damages.
BOTH PARTIES IN BAD FAITH
Their rights shall be determined as if both acted in good
faith.
What is bad faith?
On the part of the land owner: whenever the act was
done with his knowledge and without opposition on his
part.
On the part of the BSP: when he builds, sows, or plants,
knowing that the land does not belong to him and he has
no right to build, sow or plant thereon.
LANDOWNER IN BAD FAITH BUT BSP IN GOOD
FAITH
The land owner is considered as having made the
building, sowing or planting, and the BSP shall be
considered as the owner of the materials. Hence, the
land owner shall pay the value of the materials plus
damages because of his bad faith. However, the owner
of the materials may remove them even if the removal
may cause injury to the plantings, constructions or work.
Hence, the BSP is entitled to:
a. Reimbursement for the value of the materials plus
reparation for damages; OR
b. Removal of the materials whether or not injury could
be caused plus reparation for damages.
WHERE LANDOWNER, BSP AND OWNER OF
MATERIALS ARE DIFFERENT PERSONS
Owner of materials acted in good faith regardless of
the good or bad faith of the land owner or BSP:
The owner of the materials is entitled to reimbursement
for the value of the materials principally from the BSP
because he is the one who made use of the same, and
subsidiarily from the land owner, if the BSP has no
property with which to pay.
Owner of materials acted in bad faith but the land
owner and the BSP are in good faith:
The owner of the materials forfeits his rights thereto
without the right to be indemnified as if he himself built,
planted, or sowed in bad faith.
BSP acted in bad faith but Land owner and owner of
the materials acted in good faith:
a. If the land owner appropriates the accession, BSP
shall be principally liable to the owner of the
materials for their value plus damages. In case of
insolvency of the BSP, the land owner shall be
subsidiarily liable to the owner of the materials for
their value but NOT for damages for he acted in
good faith. BSP is also liable to the owner of the
land for damages.
b. If the land owner elects to have the improvement
removed, the materials will revert to their owner. The
latter will be entitled to damages from the BSP.
Land owner acted in good faith but owner of the
materials and BSP acted in bad faith:
a. The land owner can exercise his alternative rights.
b. Since both the owner of the materials and BSP
acted in bad faith, they are treated as having both
acted in good faith. Hence, the owner of the
materials is entitled to be reimbursed by the BSP.
All acted in bad faith:
Their rights shall be the same as though all of them
acted in good faith.
Requisites for the subsidiary liability of landowner
for the value of the materials:
1. The owner of the materials has not acted in bad
faith.
2. The BSP has no property with which to pay.
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3. Land owner appropriates the accession to himself.
Right of BSP who pays owner of materials of its
value:
The former may seek reimbursement from the land
owner for the value of the materials and labor to prevent
unjust enrichment of the landowner at the expense of the
builder; this is true if:
1. The BSP acted in good faith.
2. The owner of the land appropriates the
improvement.
GOOD FAITH MAY CO-EXIST WITH NEGLIGENCE: A
party guilty of negligence, irrespective of his good faith,
shall be liable for the damage done in accordance with
the rule on culpa aquiliana or quasi – delict.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
ALLUVION
Definition: It is the increment which lands abutting
rivers gradually receive as a result of the current of the
waters, or the gradual and imperceptible addition to the
banks of the rivers.
Requisites:
1. The deposit or accumulation of soil or sediment must
be gradual and imperceptible.
2. The accretion results from the effects or action of the
current of the waters of the river (or the sea).
3. The land where accretion takes place must be
adjacent to the bank of a river (or the sea coast).
Alluvion Accretion
The act or the process
by which a riparian land
The deposit of soil or to generally and
the soil itself. imperceptively receives
addition made by the
water to which the land
is contiguous.
Brought about by The addition or increase
accretion. received by the land.
Rule: to the owners of the lands adjoining the banks of
rivers belong the accretions which they gradually receive
from the effects of the current of the waters.
Rationale of alluvion:
1. To compensate him for the danger of the loss that
he suffers because of the location of his land (for the
estates bordering on rivers are exposed to floods
and other damage produced by the destructive force
of waters).
2. To compensate him for the encumbrances and
various kinds of easements to which his property is
subject.
3. To promote the interests of agriculture for the
riparian owner is in the best position to utilize the
accretion.
 A riparian owner cannot acquire the addition to his
land caused by special/artificial works expressly
intended by him to bring about accretion. Hence, a
riparian owner cannot register accretions to his land
constructed for reclamation purposes.
 The alluvion is automatically owned by the riparian
owner from the moment the soil deposit can be seen.
However, it does not automatically become registered
land just because the lot which receives such accretion
is covered by a Torrens title. Hence, the alluvial property
is subject to prescription.
 However, registration under the Torrens system does
not protect the riparian owner against diminution of the
area of his land through gradual changes in the course
of the adjoining stream.
 If the riparian land is subject to easement established
by the government, the riparian owner has the right to
the accretion. The easement does not deprive the owner
of his ownership.
ESTATES ADJOINING PONDS OR LAGOONS
Rule: The owners of estates adjoining ponds or
lagoons do not acquire the land left dry by the
natural decrease of the waters, or loss that
inundated by them in extraordinary floods.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
AVULSION/BY FORCE OF RIVER
Definition: It is the accretion which takes place when
the current of the river, creek or torrent segregates from
an estate on its bank a known portion and transfers it to
another estate, in which case, the owner of the estate to
which the segregated portion belonged, retains the
ownership thereof.
Requisites:
1. The segregation and transfer must be caused by the
current of a river, creek, or torrent (or by other
forces, e.g. earthquake).
2. The segregation and transfer must be sudden or
abrupt.
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3. The portion of land transported must be known or ACCESSION CONTINUA (NATURAL)

identifiable. IMMOVABLE PROPERTY
ABANDONED RIVER BED/CHANGE IN THE
 The owner of the estate to which the segregated COURSE OF RIVER
portion belongs preserves his ownership of the
segregated portion provided he removes (not merely Rule: River beds which are abandoned through the
claims) the same within the period of 2 years. Failure to NATURAL change in the course of waters ipso facto
do so would have the effect of automatically transferring belong to the owners whose lands are occupied by the
ownership over it to the owner of the other estate. new course in proportion to the area lost.
Requisites:
Alluvion Avulsion 1. There must be a natural change in the course of the
The deposit of soil is The deposit it is sudden waters of the river; the law speaks of change of river
gradual. and abrupt. course such that if a river simply dries up or
The deposit of the soil The owner of the property disappears, the bed left dry will belong to public
belongs to the owner of from which a part was dominion; the river must continue to exist with a new
the property where the detached retains the bed.
same was deposited. ownership thereof. 2. The change must be abrupt or sudden; the change
The soil cannot be The detached portion can must be more or less permanent in nature; the
identified. be identified. change in the river course must leave dry the old
bed and open up a new bed.

 However, the owners of land adjoining the old bed are

ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
TREES UPROOTED/BY FORCE OF RIVER
Rule: Trees uprooted and carried away by the current of
the waters belong to the owner of the land upon which
they may be case, if the owners do not claim them within
6 months. If such owners claim them, they shall pay the
expenses incurred in gathering or putting them in a safe
place.
Scope: This rule refers to uprooted trees only. If a
known portion of land with trees standing thereon is
carried away by the current to another land, the rule on
avulsion governs.
Period to claim: The period for making a claim is 6
months; it is a condition precedent and not a period of
prescription (De Leon).
After a claim is made within six months, an action may
be brought within the period provided by law for
prescription of movables.
Payment of expenses for preservation: The original
owner claiming the trees is liable to pay the expenses
incurred by the owner of the land upon which they have
been cast in gathering or putting them in a safe place.
given preferential right to acquire the same by paying the
value thereof to promote the interest of agriculture
because the riparian owners of the old course/bed can
better cultivate the same. The indemnification to be paid
shall not exceed the value of the area occupied by the
new bed.
 River beds are part of public domain. In this case,
there is abandonment by the government of its right over
the old bed. The owner of the invaded land automatically
acquires ownership of the same without the necessity of
any formal act on his part.
 “In proportion to the area lost” implies that there
are two or more owners whose lands are occupied by
the new bed. Therefore, if only one owner lost a portion
of his land, the entire old bed should belong to him.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
NEW RIVER BED WITHOUT ABANDONMENT
Rule: Whenever a river, changing its course by
NATURAL causes, opens a new bed through a private
estate, this bed shall become of public dominion.
 The bed of a public river or stream is of public
ownership. If the river changes its course and opens a
new bed, this bed becomes of public dominion even if it
is on private property.
 The law does not make any distinction whether the
river is navigable or not.
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ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
BRANCHING OF COURSE OF RIVER
Rule: Whenever the current of a river divides itself into
branches, leaving a piece of land or part thereof isolated,
the owner of the land retains his ownership thereto. He
also retains ownership to a portion of his land separated
from the estate by the current.
 The provision does not refer to the formation of
islands through accretion, but refers to the formation of
an island caused by a river dividing itself into branches
resulting in:
a. Isolation (without being physically transferred) of a
piece of land or part thereof; OR
b. Separation (physical transfer, but not to the point of
becoming avulsion) of a portion of land from an
estate by the current
 The owner preserves his ownership of the isolated or
separated property.
 The law does not make any distinction whether the
river is navigable or not.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
FORMATION OF ISLANDS
Rules:
1. If formed on the seas within the jurisdiction of
the Philippines, on lakes, or on navigable or
floatable rivers: the island belongs to the State as
part of its patrimonial property.
 A navigable river is one which in its natural state
affords a channel for useful commerce and not such as
is only sufficient to float a banca or a canoe.
2. If formed in non – navigable and non – floatable
rivers:
a. It belongs to the nearest riparian owner, or owner of
the margin or bank nearest to it as he is considered
on the best position to cultivate and develop the
island.
b. If the island is in the middle of the river, the island is
divided longitudinally in halves. If the island formed
is longer than the property of the riparian owner, the
latter is deemed ipso jure to be the owner of that
portion which corresponds to the length of that
portion of his property along the margin of the river.
c. If a single island be more distant from one margin
than from the other, the owner of the nearer margin
shall be the sole owner thereof.
ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
ADJUNCTION OR CONJUNCTION
Definition: It is the union of 2 movable things belonging
to different owners in such a way that they form a single
object, but each one of the component things preserves
its value.
Characteristics:
1. There are two movables belonging to different
owners.
2. They are united in such a way that they form a
single object.
3. They are so inseparable that their separation would
impair their nature and result in substantial injury to
either component.
Kinds:
1. Inclusion or engraftment (e.g. Diamond is set on a
gold ring).
2. Soldadura or soldering (e.g. Lead is united or fused
to an object made of lead; it is ferruminacion if both
the accessory and principal objects are of the same
metal; and plumbatura if they are of different
metals).
3. Escritura or writing (e.g. when a person writes on
paper belonging to another).
4. Pintura or painting (e.g. when a person paints on
canvas belonging to another).
5. Tejido or weaving (e.g. when threads belonging to
different owners are used in making textile).
 Where adjunction involves 3 or more things, the
following rules shall also be applied equitably.
Rules: Sentimental value shall be duly appreciated.
1. ADJUNCTION IN GOOD FAITH: If the union took
place without bad faith, the owner of the principal
thing acquires the accessory, with the obligation to
indemnify the owner of the accessory for its value.
Tests to determine the principal in adjunction: In the
order of application, the principal is that:
a. To which the accessory has been united as an
ornament or for its use or perfection (RULE OF
IMPORTANCE AND PURPOSE).
b. Of greater value, if they are of unequal values.
c. Of greater volume, if they are of an equal value.
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d. Of greater merits taking into consideration all the WHEN SEPARATION OF THINGS UNITED
pertinent legal provisions applicable as well as the ALLOWED
comparative merits, utility and volume of their
respective things. a. In case of separation without injury, their respective
owners may demand their separation.
 In paintings and sculpture, writings, printed matter,
engraving and lithographs, the board, metal stone, b. In case the accessory is much more precious than
canvas, paper or parchment shall be deemed the the principal, the owner of the accessory may
accessory thing. demand its separation even though the principal
may suffer injury.

2. ADJUNCTION IN BAD FAITH: If the union took c. In case the owner of principal acted in bad faith.
place in bad faith, the following rules shall apply:

a. Bad faith on the part of owner of accessory:

I. He shall lose the thing incorporated, AND

II. He shall be liable for damages to the owner of ACCESSION CONTINUA (INDUSTRIAL)
the principal thing, or the payment of the price, MOVABLE PROPERTY
including its sentimental value as appraised by COMMIXTION OR CONFUSION
experts.
III. The principal may demand for the delivery of a Definition: Takes place when two or more things
thing equal in kind and value and in all other belonging to different owners are mixed or combined
respects to that of the principal thing, or the with the respective identities of the component parts
payment of the price, including its sentimental destroyed or lost.
value as appraised by experts.
Commixtion/confusion Adjunction
b. Bad faith on the part of the owner of the There is a greater degree Union of two movable
principal: of interpenetration, and in things in such a way that
certain cases, even they form a single object
The owner of the accessory thing is given the option decomposition of the but each one of the
either: things which have been component things
mixed. preserves its value.
I. To require the owner of the principal thing to pay
the value of the accessory thing, plus damages.  Strictly speaking, there is no accession in mixture
II. To have the accessory thing separated even if it since there is neither a principal nor an accessory.
be necessary to destroy the principal thing, plus
damages. Kinds: The mixture may be voluntary or by chance.
III. The accessory may demand for the delivery of a
thing equal in kind and value and in all other 1. Commixtion or the mixture of solid things belonging
respects to that of the accessory thing, or the to different owners.
payment of the price, including its sentimental
value as appraised by experts. 2. Confusion or the mixture of liquid things belonging
to different owners.
c. Both parties in bad faith: their respective rights are
to be determined as though both acted in good faith. Rules: Sentimental value shall be duly appreciated.

1. Mixture by will of both the owners or by chance:

a. Their rights shall first be governed by their

stipulations.
b. If the things mixed are of the same kind and quality,
there is no conflict of rights, and the mixture can
easily be divided between the 2 owners.
c. If the things mixed are of different kind and quality,
in the absence of a stipulation, each owner acquires
a right or interest in the mixture in proportion to the
value of his material as in co-ownership.
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2. Mixture caused by an owner in good faith or by
chance:
a. Their rights shall first be governed by their
stipulations.
b. If the things mixed are of the same kind and quality,
there is no conflict of rights, and the mixture can
easily be divided between the 2 owners.
c. If the things mixed are of different kind and quality,
in the absence of a stipulation, each owner acquires
a right or interest in the mixture in proportion to the
value of his material as in co-ownership.
 Co-ownership arises when the things mixed are of
different kinds or quality. The expenses incident to
separation shall be borne by all the owners in proportion
to their respective interests in the mixture.
3. Mixture caused by an owner in bad faith: The
owner in bad faith not only forfeits the thing
belonging to him but also becomes liable to pay
indemnity for the damages caused to the other
owner.
4. Mixture by both owners in bad faith: There is bad
faith when the mixture is made with the knowledge
and without the objection of the other owner.
Accordingly, their respective rights shall be
determined as though both acted in good faith.
ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
SPECIFICATION
Definition: Takes place whenever the work of a person
is done on the material of another, and such material, as
a consequence of the work itself, undergoes a
transformation.
1. Worker and owner of the materials in good faith:
The worker becomes the owner of the
work/transformed thing but he must indemnify the
owner of the material for its value.
Exception: If the material is more precious or of more
value than the work/transformed thing, the owner of the
material may choose:
a. To appropriate the new thing to himself but must pay
for the value of the work or labor, OR
b. To demand indemnity for the material.
2. Worker in bad faith but the owner of the material
in good faith: The owner of the material has the
option either:
a. To appropriate the work to himself without paying
the maker, OR
b. To demand the value of the material plus damages.
Limitation: The first option is not available in case the
value of the work, for artistic or scientific reasons, is
considerably more than that of the material, to prevent
unjust enrichment.
3. Owner of the materials in bad faith but the
worker is in good faith: The owner of the material
is in bad faith when he does not object to the
employment of his materials. Accordingly, he shall
lose his materials and shall have the obligation to
indemnify the worker fro the damages he may have
suffered (Art. 470 by analogy, Tolentino).
4. Both owners are in bad faith: Their rights shall be
determined as though both acted in good faith.
Adjunction, Mixture, and Specification
distinguished:
1. In Adjunction and Mixture, there would be at least
two things, while in the Specification, there may be
only one thing whose form is changed.
2. In Adjunction and Specification, the component parts
retain or preserve their nature, while in Mixture, the
things mixed may or may not retain their respective
original nature.
3. In Adjunction and Specification, the principle that
„accessory follows the principal‟ applies, while in
Mixture, co- ownership results.
APPRAISAL OF SENTIMENTAL VALUE: Sentimental
value shall be duly appreciated in the payment of the
proper indemnity in accessions with respect to movable
property.
 Sentimental value attached to a thing is not always
easy to estimate, as such it may be considered by the
court.
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QUIETING OF TITLE
Concept of quieting of title: An action to quiet the title
to property or to remove a cloud thereon is a remedy or
form of proceeding originating in equity jurisprudence
which has for its purpose an adjudication that a claim or
title to or an interest in property, adverse to that of the
complainant, is invalid, so that the complainant or his
assignees may be forever afterward free from any
danger of hostile claim.
Action to quiet title: A remedy or proceeding which
has for its purpose an adjudication that a claim of title to
realty or an interest thereon, adverse to the plaintiff and
those claiming under him may forever be free of any
hostile claim.
What is a cloud on title?
It is a semblance of title, either legal or equitable, or a
claim or a right in real property, appearing in some legal
form which is, in fact, invalid or which would be
inequitable to enforce.
REQUISITES FOR EXISTENCE OF CLOUD:
1. The plaintiff in an action to quiet title must have a
legal or equitable title to, or an interest in the real
property which is the subject matter of the action.
 A legal title may consist in full ownership or in the
naked ownership which is registered in the name of the
plaintiff.
 If the plaintiff has the beneficial interest in the property
the legal title of which pertains to another, he is said to
have an equitable title.
 An interest in property is any interest short of
ownership, like the interest of a mortgagee or a
usufructuary.
2. There is an instrument, record, claim, encumbrance
or proceeding which is apparently valid or effective.
3. Such instrument is in truth and in fact, invalid,
ineffective, or voidable, or unenforceable, or has
been extinguished or terminated, or has been barred
by extinctive prescription.
4. Such instrument may be prejudicial to said title.
5. The Plaintiff must return to the defendant all benefits
he may have received from the latter, or reimburse
him for expenses that may have redounded to the
plaintiff‟s benefit.
 The purpose of the action to quiet title is solely to
remove the cloud on the plaintiff’s title or to prevent a
cloud from being cast upon his title and not to obtain any
other benefits.
Characteristics of a cloud based on defect in
instrument:
a. The defect in the instrument is NOT apparent on its
face and, therefore, has to be proved by extrinsic
evidence. If the instrument is invalid on its face,
there is no cloud to speak of for the purpose of an
action to quiet title.
b. The alleged cloud must be prima facie substantial,
and cast a suspicion on the title or interest to which
it is hostile as will injuriously affect the owner in
maintaining his rights.
Apprehended or threatened cloud: The Court has the
power to prevent the casting of a cloud on title to
property provided that the cloud is not merely
speculative. Relief is granted if the threatened or
anticipated cloud is one which, if it existed, would be
removed by suit to quite title.
CLOUD DUE TO EXTINGUISHMENT OF RIGHT OR
PRESCRIPTION: When the contract, instrument or other
obligation has been extinguished or has terminated, or
has been barred by extinctive prescription, there may
also be an action to quiet title or to remove a cloud
therefrom.
Nature of actions to quiet title:
a. These actions are not technically suits in rem, nor
are they strictly speaking, in person, but being
against the person in respect of the res, wherein the
judgment does not extend beyond the property in
controversy, these proceedings acquire a status that
may be characterized as suits quasi in rem.
b. The action may be brought as an independent civil
action.
c. Petitions for quieting of title should take precedence
over ejectment case to prevent multiplicity of suits.
Property to which action is applicable:
a. Real property or any interest therein.
b. Certain types of personal property (e.g. vessels,
motor vehicles, certificate of stocks) which partake of
the nature of real property or are treated to some
extent as realty because of registration requirements
for ownership or transactions.
Examples/Instances of cloud of title:
a. An absolute fictitious contract of sale or a sale of
simulated consideration.
b. A sale by an agent without written authority or after
expiration of his authority.
c. A forged contract.
d. A contract of sale or donation which has become
imperative because of non –performance by the
vendee or donee of a condition precedent.
e. A voidable contract.
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Action to quiet title Action to remove a In case of his failure to do so, demolition of the structure
cloud at the expense of the owner, or when demolition is not
Purpose is to put an end to Purpose is the removal of necessary, take measures to insure public safety.
troublesome litigation in a possible foundation for
respect to the property a future hostile action.  The owner is liable for damages whether or not he
involved. had actual knowledge of the ruined condition of his
A remedial action involving A preventive action to building or other construction.
a present adverse claim. prevent a future cloud on
the title. Related provisions: See Articles 1723, 2190, 2191,
Plaintiff asserts his own Plaintiff declares his own 2192.
estate and declares title and avers the source
GENERALLY that and nature of defendant‟s Rules as to trees: The owner of the tree shall be
defendant claims some claim, point out its defect, obliged to remove it whenever it threatens to fall in such
estate in the land, without and prays that it be a way as to cause damage to:
defining it, and avers that declared void. a. The land or tenement of another, OR
the claim is without b. To travelers over a public or private road.
foundation, and calls on
the defendant to set forth In case of his failure to do so, the administrative
the nature of his claim, so authorities, in the exercise of police power, may order its
that it may be determined removal at the expense of the owner.
by decree.
 The police power of the State includes the power to
PRESCRIPTIBILITY OF ACTION: abate nuisance per se or per accidens. Ruinous
a. An action to quiet title brought by a person who is in buildings and trees in danger of falling are nuisances per
possession of the property is imprescriptible. se.
b. If the plaintiff is not in possession of the property, he
must invoke his remedy within the proper
prescriptive period of ten or thirty years depending
on ordinary or extraordinary prescription. CO-OWNERSHIP

Defenses against quieting of title:
a. Prescription.
b. Acquisition by the defendant of the title to the
property by adverse possession.
c. Res judicata.
Reliefs:
a. The instrument constituting the cloud is decreed to
be surrendered and cancelled.
b. In case of a cloud which has been cast upon title by
alteration in a deed, relief may be awarded by
decreeing restoration of the deed to its original state.
Definition: A form of ownership which exists whenever
an undivided thing or right belongs to different persons;
As a right, it has been defined as the right of common
dominion which two or more persons have in a spiritual
or ideal part of a thing which is not materially or
physically divided.
Requisites/characteristics:
a. Plurality of subjects.
b. Unity of object or material indivision.
c. Recognition of ideal or intellectual shares of co-
owners which determine their rights and obligations.

PROCEDURE OF QUIETING OF TITLE: The principle
of the general law on quieting of title shall apply. Also, it
shall be governed by such Rules of Court as the
Supreme Court shall promulgate.
 The SC has not yet promulgated the particular rules
on the quieting of title.
RUINOUS BUILDINGS AND TREES IN DANGER OF
FALLING
Rules as to constructions: The owner has the duty to
demolish a building, or any other construction which is in
danger of falling or to repair the same in order to prevent
it from falling.
 The relationship between and among the co-owners is
fiduciary in character and attribute. Hence, each co-
owner becomes a trustee for the benefit of his co-owners
and he may not do any act prejudicial to the interest of
his co-owners.
Causes: Co-ownership may arise from –
a. The Law – as in party walls, fences and in the legal
conjugal partnership.
b. Contracts.
c. Succession – when a person dies intestate, leaving
his properties undivided to several heirs, who
become co-owners of the inheritance.
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d. Fortuitous event or chance – as in cases of
commixtion and confusion caused by accident or
chance, and of hidden treasure accidentally
discovered by a stranger on the land of another.
e. Occupancy – when 2 persons catch a wild beast or
gather forest products.
SHARE OF CO–OWNERS IN BENEFITS AND
CHARGES: It shall be proportional to their respective
interests in the co-ownership. Any stipulation in a
contract to the contrary shall be void.
 The article speaks of “stipulation in a contract”.
Hence, if the co-ownership is created other than by a
contract (will or donation), the share of the co–owners
need not be proportionate to their respective interests
(DE LEON).
LIMITATIONS ON CO–OWNER’S RIGHT OF USE:
Each co–owner may use the thing owned in common
provided he does so:
1. To the purpose for which the co–ownership is
intended.
 To determine the purpose for which the property is
intended, the agreement of the parties should govern. In
default of such agreement, it is understood that the thing
is intended for that use for which it is ordinarily accepted
to its nature, or the use to which it has been previously
devoted.
 The purpose of the co-ownership may be changed by
agreement, express or implied.
 Mere tolerance on the part of the co-owners cannot
legalize the change in the use of a thing from that
intended by the parties.
2. Without prejudice to the interests of the co–
ownership.
 A co-owner cannot devote community property to his
exclusive use.
 A co–owner may not convey or adjudicate to himself
in fee simple, by metes and bounds, a determinate
physical portion of real estate owned in common.
3. Without preventing the other co–owners from
using it according to their rights.
 The co-owners may establish rules regarding their
use of the thing owned in common. In default thereof,
there should be a just and equitable distribution of uses
among all the co-owners.
EJECTMENT SUIT:
a. Can be brought by anyone of the co–owners.
 A co-owner may bring such an action without the
necessity of joining all the other co-owners as co-
plaintiffs because the suit is deemed to be instituted for
the benefit of all.
 However, if the action is for the benefit of the plaintiff
alone, such that he claims the possession for himself
and not for the co-ownership, the action will NOT
prosper.
b. Action may be brought not only against strangers
but even against a co–owner.
 The effect of the action will be to obtain recognition
of the co-ownership. The defendant cannot be
excluded because he has a right to possess as a co-
owner, and the plaintiff cannot recover any material or
determinate part of the property.
c. An adverse decision in the action is not necessarily
res judicata with respect to the other co–owners not
being parties to the action, but they are bound
where it appears that the action was instituted in
their behalf with their express or implied consent.
EXPENSES OF PRESERVATION AND TO TAXES:
Each co-owner shall have a right to compel the other co-
owners to contribute to the expenses of preservation of
the thing or right owned in common and to the taxes in
proportion to their interest therein.
 Expenses of preservation (necessary expenses)
include all those which, if not made, would endanger the
existence of the thing or reduce its value or productivity.
They do not imply an improvement or increase.
 There is no other remedy available against the co-
owner who refuses to pay his share in the expenses of
preservation except an action to compel him to
contribute such share.
 Failure to contribute does not amount to a
renunciation of any portion of share in the co-ownership.
The co-owner in default cannot be compelled to
renounce his share therein. Renunciation is a voluntary
and free act.
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Remedy of a co-owner: Any one of the latter may
exempt himself from this obligation by renouncing
so much of his undivided interest as may be
equivalent to his share of the expenses and taxes.
Prejudicial renunciation: No such waiver shall be
made if it is prejudicial to the co-ownership.
Illustration: In a building owned in common, urgent
repairs are needed. Otherwise, the building is going
to collapse. A owns 2/3 interest in the building, and
B and C own 1/6 each. If B and C have each just
enough funds equal to 1/6 of the expected
expenses for the repair of the building, and then A
renounces in their favor all his interest in the
building, the repair may become impossible of
accomplishment for lack of funds. The waiver in this
case is void. B and C can proceed to have the
building repaired, and A would still be bound to pay
his share of the expenses, notwithstanding his
renunciation.
Rules on renunciation:
a. Total or partial.
b. Expressly made – a tacit renunciation cannot
produce any effect.
c. The renunciation is in reality a case of dacion
en pago; the debt of the co-owner consisting of
his share in the expenses of preservation and
taxes, is paid, not in money, but in an interest in
property.
d. Since the renunciation refers to a portion
equivalent in value to the share of the
renouncing co-owner in an existing debt, it is
only logical that the other co-owners, who must
should the debt of the renouncer in exchange
for the portion being renounced, should consent
thereto.
e. Renunciation refers to existing debts and NOT
to future expenses.
f. Renunciation is a free act; a co-owner may not
be compelled to renounce.
g. However, waiver is not allowed if it is prejudicial
to the co–ownership.
NOTICE OF NECESSITY FOR NECESSARY
EXPENSES; EXPENSES FOR ADMINISTRATION AND
BETTER ENJOYMENT: Repairs for preservation may
be made at the will of one of the co-owners, but he must,
if practicable, first notify his co-owners of the necessity
for such repairs. Expenses to improve or embellish the
thing shall be decided upon by a majority.
1. Necessary expenses.
 A co-owner may advance the expenses for
preservation. If practicable, he is required to give notice
to his co-owners of the NECESSITY of the repairs to be
made but he is NOT required to obtain their consent.
Reason: Each co-owner preserves the rights inherent in
ownership in general, and he should not be prejudiced
by the negligence of the others by making it necessary
for him to submit to their resolutions, thereby preventing
him from taking the necessary measures to prevent the
destruction of the thing or loss of the right owned in
common, although it is within his power to do so.
 Neither lack of notice nor fact of opposition to an
intended expense for preservation does not deprive the
co-owner who intends to make the necessary repairs of
the right to do so and would not exempt the other co–
owners from the obligation. The resolutions of the
majority are binding only with respect to administration
and better enjoyment of the thing and with respect to
expenses to improve or embellish the thing. Accordingly,
the will of one of the co-owners is sufficient authority for
making or incurring them.
 The only effect of failure to give notice of necessity is
to place upon the co-owner who makes the advances
the burden of proving the necessity of the repairs and
the reasonableness of the expenses. The co-owners
who were not notified will not be required to contribute to
expenses which are excessive.
 If due to the opposition of the others, the repairs are
not undertaken, those who opposed such repairs shall
pay the losses and damages suffered by the community.
2. Expenses to improve or embellish are a matter of
administration and better enjoyment of the thing
owned in common. Since they are not essential to
the preservation of the thing owned in common, and
can afford to be delayed, the consent of the majority
of the co–owners is required.
 Majority: There shall be no majority unless the
resolution is approved by the co-owners who represent
the controlling interest in the object of co-ownership (not
numerical superiority).
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Joint ownership or Co-ownership Ordinary partnership Co-ownership

Tenancy
Anglo-american law
concept.
There is no abstract share
ownership by the joint
owners, the rights of the
joint tenants being
inseparable (as if they are
one).
Death of a joint owner
extinguishes his rights to
the tenancy.
Subrogation/survivorship:
The surviving joint owner
acquires the right
pertaining to the deceased
joint owner.
A joint owner cannot
dispose of his share in the
tenancy without the
consent of the other joint
owners.
Minority of a joint owner
inures to the benefit of the
other joint owners for
purposes of prescription.
Can be created only by Can be created by
Civil law concept. agreement different causes like law
or contract.
Each co–owner, The usual purpose is for The usual purpose is for
together with the other is profit. collective enjoyment and
the owner of the whole to maintain the unity and
undivided thing or right preservation of the thing
but at the same time of owned in common.
his own ideal part The partnership has a The co-ownership has
thereof. separate juridical no separate juridical
Death of a co-owner personality. personality.
does not extinguish his Can be created for a Co-ownership cannot
rights to the co- period of more than 10 exist for a period longer
ownership. years. than 10 years although
The heirs of the renewable.
deceased co-owner A partner cannot There is freedom of
rd
succeed to the right transfer his rights to 3 disposition of a co-
pertaining to him. persons without the owner‟s share.
consent of the others.
A co-owner can dispose Can be extinguished by Death or incapacity of a
of his undivided share the death or incapacity co-owner does not
freely. of one of the partners. extinguished co-
ownership.
Distribution of profits is Distribution of charges
The minority of a co- subject to stipulations. and benefits is
owner cannot be availed proportional.
of by the other co- There is mutual There is no mutual
owners as a defense representation by the representation by the
against prescription. partners. co–owners.

Easement Co-ownership
There is in each co – Easement is precisely a
owner a right of limitation on the right of
dominion over the whole dominion.
property and over his
undivided share.
The right of ownership The right of dominion is
rests solely on each in favor of one or more
every co-owner over a persons and over two or
single object. more different things.
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DIFFERENT STORIES OF A HOUSE
BELONGING TO DIFFERENT OWNERS
 The above form of ownership must be distinguished
from a condominium.
Rules: If the titles of ownership do not specify the terms
under which they should contribute to the necessary
expenses and there exists no agreement on the subject,
the following rules shall be observed:
1. Main walls, party walls, the roof and other things
used in common: all owners in proportion to the
value of the story belonging to each.
2. Floors of story: each owner shall bear the cost of
maintaining the floor of his story.
3. Floor of entrance, front door, common yard and
common sanitary works: all owners pro rata.
4. Stairs from the entrance to the first story: all owners
pro rata, with the exception of the owner of the
ground floor.
5. Stairs from the first story to the second story: all
owners pro rata, with the exception of the owner of
the ground floor and the first floor; and so on,
successively.
6. Stairs going to the basement: Owner of the
basement.
R.A. 4726: THE CONDOMINIUM ACT
Condominium defined: An interest in real property
consisting of a separate interest in a unity in a
residential, industrial or commercial building and an
undivided interest in common, directly or indirectly, in the
land on which it is located and in other common areas of
the building. A condominium may include, in addition, a
separate interest in other portions of such real property.
Title to common areas, including the land, or the
appurtenant interests in such areas, may be held by a
corporation specially formed for the purpose
(condominium corporation) in which the holders of
separate interests shall automatically be members or
shareholders, to the exclusion of others, in proportion to
the appurtenant interest of their respective units in the
common areas.
ALTERATIONS: None of the co-owners shall, without
the consent of the others, make alterations in the thing
owned in common, even though benefits for all would
result therefrom. However, if the withholding of the
consent by one or more of the co-owners is clearly
prejudicial to the common interest, the Courts may afford
adequate relief.
Definition: An act, by virtue of which, a co-owner, in
opposition to the common or tacit agreement, and
violating the will of the co-ownership, changes the thing
from the state in which the others believe it should
remain, or withdraws it from the use to which they desire
it to be intended; transformation which change the
essence and nature of the thing.
 An alteration constitutes an exercise of the right of
ownership, and not of mere administration. Hence,
alterations must be made by the consent of all of the co-
owners even though the alteration would be beneficial,
and not by a mere majority. The consent may be
express or implied as in the case of a co-owner who
knows that the alteration is being made, but does not
interpose any objection thereto. However, the consent
given must be express to entitle recovery or
reimbursement for the expenses incurred in the
alteration.
 When the change or alterations merely affect the
better enjoyment of the thing, the agreement of the co-
owners representing the majority interest is sufficient.
 The co–owner who makes such alteration without the
express or implied consent of the other co–owners acts
in bad faith, as a punishment he should:
a. Lose what he spent.
b. Be obliged to demolish the improvements done.
c. Be liable to pay for losses and damages the
community property or the other co–owners may
have suffered.
d. Whatever is beneficial or useful to the co-ownership
shall belong to it.
RULES FOR ACTS OF ADMINISTRATION AND
BETTER ENJOYMENT:
a. For the administration and better enjoyment of the
thing owned in common, the resolutions of the
majority of the co-owners shall be binding.
b. There shall be no majority unless the resolution is
approved by the co-owners who represent the
controlling interest in the object of the co-ownership.
c. Should there be no majority, or should the resolution
of the majority be seriously prejudicial to those
interested in the property owned in common, the
Court, at the instance of an interested party, shall
order such measures as it may deem proper,
including the appointment of administrator.
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Characteristics of acts of administration:
a. They refer to the enjoyment and preservation of the
thing.
b. They have transitory effects.
c. Alterations which do not affect the substance or form
of the thing.
 A lease ceases to be an act of administration and
becomes an act of ownership when it is required to be
recorded in the Registry of Property with a special power
of attorney. A special power of attorney shall be
necessary when the lease of any real property is for a
period of more than 1 year.
 In this management, the majority of interests control,
and their decisions are binding upon the minority. In
making these decisions, however, there should be a
notice to the minority, so that they can be heard, and the
majority will be justified in proceeding without previous
consultation with the minority, only when the urgency of
the case and the difficulty of meeting so require.
Instances of prejudicial resolution of the MAJORITY:
1. When the resolution calls for a substantial change or
alteration of the common property or of the use to
which it has been dedicated by agreement or by its
nature.
2. When the resolution goes beyond the limits of mere
administration, or invades the proprietary rights of
the co-owners.
3. When the resolution exposes the thing to serious
danger.
4. When the majority refuses to dismiss an
administrator who is guilty of fraud or negligence.
 The administration may be delegated by the co-
owners to one or more persons, whether co-owners or
not. The powers and duties of such administrators must
be governed by the rules on agency.
RIGHTS OF EACH CO-OWNER:
1. He shall have full ownership of his part (his
undivided interest or share in the common property).
2. He shall have full ownership of the fruits and
benefits pertaining thereto.
3. He may alienate, assign or mortgage his ideal
interest or share. The effect of the alienation or
mortgage shall be limited to the portion which may
be allotted to him in the division upon the termination
of the co-ownership.
4. He may even substitute another person in the
enjoyment of his part, except when personal rights
are involved such as his share in a right to use and
habitation.
5. He may by himself extinguish any real right existing
on the thing, such as easement or mortgages,
because in everything that is for the benefit of the
community, each co-owner represent all the others.
TERMINATION OF CO–OWNERSHIP: No co-owner
shall be obliged to remain in the co-ownership. Each co-
owner may demand at any time the partition of the thing
owned in common.
Causes of termination:
1. By the consolidation or merger in only one of the co-
owners of all the interests of the others.
2. By the destruction or loss or the property co–owned.
3. By acquisitive prescription in favor of a third person
or a co–owner who repudiates the co–ownership.
4. By the termination of the period agreed upon or
imposed by the donor or the testator, or the period
allowed by law.
5. By the sale by the co-owners of the thing to a third
person and the distribution of its proceeds among
them.
6. By the partition, judicial or extrajudicial, of the
respective undivided shares of the co-owners.
 Partition shall be governed by the Rules of Court.
 The mere fact that the partition of the property may
affect the usefulness or value of the whole is not a valid
excuse for a refusal to have it partitioned among the co-
owners.
 An action for partition does not prescribe.
Partition defined: The division between two or more
persons of real or personal property which they own in
common so that each may enjoy and possess his sole
estate to the exclusion of and without interference from
the others.
Exceptions to the right of partition:
1. When the co-owners have agreed to keep the thing
undivided for a certain period of time, not exceeding
10 years. This term may be extended by a new
agreement.
 The excess in 10 years shall be void. When the
agreement is that it shall continue until one co-owner
dies, the indivision cannot go beyond 10 years. If a co-
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owner dies before 10 years expire, the indivision will
cease upon such death.
2. When the partition is prohibited by the donor or
testator for a certain period not exceeding 20 years.
3. When another co–owner has possessed the
property as exclusive owner and for a period
sufficient to acquire it by prescription.
4. When a partition is prohibited by law as when the
co-owners cannot demand a physical division of the
thing owned in common because to do so would
render it unserviceable for the use for which it is
intended.
 When the thing is essentially indivisible, the co-
ownership may be terminated in accordance with the
following rules:
a. Agreement between the co-owners that the thing be
allotted to one of them who shall indemnify the
others.
b. If the co-owners cannot agree, the thing shall be
sold and its proceeds distributed to the co-owners.
5. When from the very nature of the community, it
cannot be legally divided, such as in party walls and
the conjugal partnership.
Purpose and effect of partition:
1. It has for its purpose the separation, division and
assignment of the thing held in common among
those to whom it may belong; the thing itself may be
divided, or its value.
2. After partition, the portion belonging to each co-
owner has been identified and localized, so that co-
ownership, in its real sense, no longer exists.
Action for partition
Issues:
1. Whether or not the plaintiff is indeed a co–owner.
2. How the property is to be divided between the
plaintiff and the defendant.
How partition is effected:
a. Extrajudicially pursuant to an agreement or by
judicial proceedings under Rule 69 of the Rules of
Court.
b. May be effected in consequence of a suit through a
settlement between the parties with the approval of
a competent court
 Where in an action for reconveyance and damages
does not specifically seek partition, it does not preclude
the court from considering partition as a remedy under
art. 494
PRESCRIPTION IN FAVOR OF OR AGAINST A CO-
OWNER: Prescription does not run in favor of a co-
owner or co-heir against his co-owners or co-heirs so
long as he expressly or impliedly recognizes the co-
ownership.
 Where a co-owner or co–heir repudiates the co-
ownership, prescription begins to run from the time of
repudiation. Thus, the imprescriptibility of the action to
demand partition cannot be invoked when one of the co-
owners has claimed the property as exclusive owner and
possessed it for a period sufficient to acquire it by
prescription.
 In order that may prescribe in favor of one of the co-
owners, it must be clearly shown that he has repudiated
the claims of the others, and that they were apprised of
his claim of adverse and exclusive ownership, before
prescriptive period begins to run.
Nature of possession of a co–owner: The possession
of a co-owner is like that of a trustee. No one of the co–
owners may acquire exclusive ownership of the common
property through prescription for the possession by the
trustee alone is not deemed adverse to the rest. In order
that his possession may be deemed adverse to the
others, the following requisites must concur:
1. That he has performed unequivocal acts of
repudiation amounting to an ouster of the others.
2. Such positive acts of repudiation have been made
known to the others.
3. The evidence thereon must be clear and convincing.
 Hence, a mere silent possession of the trustee
unaccompanied with acts amounting to an ouster of the
cestui que trust cannot be construed as adverse
possession.
Specific acts which are considered acts of
repudiation:
a. Filing by a trustee of an action in court against the
trust to quiet title, or recovery of ownership thereof,
held in possession by the former.
b. The issuance of the certificate of title would
constitute an open and clear repudiation of any trust,
and the lapse of more than 20 years, open and
adverse possession as owner would certainly suffice
to vest title by prescription.
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PARTICIPATION OF CREDITORS AND ASSIGNEES
IN THE PARTICIPATION: The creditors or assignees
may take part in the division of the thing owned in
common and object to its being effected without their
concurrence. But they cannot impugn any partition
already executed, unless there has been fraud, or in
case it was made notwithstanding a formal opposition
presented to prevent it, without prejudice to the right of
the debtor or assignor to maintain its validity.
Creditors: includes all kinds of creditors, provided they
became so during the existence of the co–ownership.
Assignees: refers to transferees of the interests of one
or more of the co–owners.
Rules:
1. If no notice is given, the partition will not be binding
upon the creditors. The creditors or assignees may
question the partition.
2. If notice is given, it is their duty to appear and make
known their position.
3. They cannot impugn a partition already executed or
implemented, unless:
a. There has been fraud, whether or not notice was
given, and whether or not formal opposition was
presented, OR
b. The partition was made notwithstanding a formal
opposition presented to prevent it, even if there
has been no fraud.
THIRD PERSONS: The partition of a thing owned in
common shall not prejudice third persons, who shall
retain the rights of mortgage, servitude, or any other real
rights belonging to them before the division was made.
Personal rights pertaining to third persons against the
co-ownership shall also remain in force, notwithstanding
the partition.
 Third persons refers to all those with real rights or with
personal rights against the co–owners who had no
participation whatever in the partition. Such rights of third
persons existing before the division was made are
retained by them or remain in force notwithstanding the
partition.
LEGAL OR JURIDICAL DISSOLUTION: When the
thing is essentially indivisible, the co-ownership may be
terminated in accordance with the following rules:
a. Agreement between the co-owners that the thing be
allotted to one of them who shall indemnify the
others.
b. If the co-owners cannot agree, the thing shall be
sold and its proceeds distributed to the co-owners.
 The sale may be public or private, and the purchaser
may be a co-owner or a third person.
OBLIGATIONS OF CO–OWNERS IN PARTITION:
1. Mutual accounting of benefits received for the fruits
and other benefits of the thing belong to all the co-
owners.
2. Mutual reimbursement for expenses, for if they share
in the benefits, they should also share in the
charges.
3. Indemnity for damages caused by reason of
negligence or fraud.
4. Reciprocal warranty for defects of title or quality of
the portion assigned to a co–owner.
POSSESSION
Concept: The holding of the thing or the enjoyment of a
right with the intention to possess in one‟s own right.
Elements:
1. there must be holding or control of a thing or right;
exception: those cases mentioned in ART.537.
2. the holding or control must be with intention to
possess.
3. it must be in one‟s own right.
 possession is characterized by two relations:
1. the possessor‟s relation to the property itself;
2. the possessor‟s relation to the world
 form or degrees of possession
1. possession without any title whatever – mere
holding or possession without any right or title at all
e.g. thief, squatter;
2. possession with a juridical title – possession is
predicated on a juridical relation existing between
the possessor and the owner of the thing but not in
the concept of owner e.g. lessee, usufructuary,
agent, pledgee, trustee;
3. possession with a just title – possession of an
adverse claimant whose title is sufficient to transfer
ownership but is defective e.g when the seller is
not the true owner or could not transmit his rights
thereto to the possessor who acted in good faith;
4. possession with a title in fee simple – possession
derived from the right of dominion or possession of
an owner note: THIS IS THE HIGHEST DEGREE
OF POSSESSION
 nature of possession
1. as an act – it is simply the holding of a thing or the
enjoyment of a right with the intention to possess
one‟s own right;
2. as a fact – when there is holding or enjoyment, then
possession exists as a fact; it is the state or
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condition of a person having property under his
control;
3. as a right – refers to the right of a person to that
holding or enjoyment to the exclusion of all others
having better right than the possessor; it may be :
-jus possidendi or right to possession which is
incidental to and included in the right of
ownership;
-jus possessionis or right of possession
independent of and apart from the right of
ownership
*possession as a fact:
1. a possessor has a right to be respected in his
possession, and should he be disturbed therein, he
shall be protected in or restored to said possession;
2. possession is not a definitive proof of ownership nor
is non – possession inconsistent therewith;
possession, however, may create ownership either
by occupation or by acquisitive prescription
 classes of possession
1. possession in one‟s own name or in the name of
another;
2. possession in the concept of owner or possession in
the concept of the holder;
3. possession in good faith or possession in bad faith
 extent of possession
1. actual possession – is the occupancy in fact of the
whole or at least substantially the whole;
2. constructive possession- is occupancy of part in the
name of the whole under such circumstances that
the law extends the occupancy to the possession of
the whole
*DOCTRINE OF CONSTRUCTIVE POSSESSION
- possession in the eyes of the law does not mean
that a man has to have his feet on every square
meter of ground before it can be said that he is
in possession;
- the general rule is that the possession and
cultivation of a portion of a tract of land under
claim of ownership of all is constructive
possession;
- the exception is in relation to the size of the
tract in controversy with reference to the portion
actually in possession of the claimant
note: the doctrine does not apply where the possession
is wrongful or the part allegedly constructively
possessed is in the adverse possession of another
ART.524
NAME UNDER WHICH POSSESSION MAY BE
EXERCISED
1. in one‟s own name: the fact of possession, and the
right to such possession are found in the same
person such as the actual possession of an owner or
a lessor of land;
2. in the name of another: the one in actual
possession is without any right of his own, but is
merely an instrument of another in the exercise of
the latter‟s possession, such as the possession of
an agent, servant or guard; it may be:
-voluntary as when exercised by virtue of an
agreement;
-necessary or legal as when exercised by virtue
of law, such as the possession in behalf of
incapacitated person
ART.525
CONCEPT IN WHICH POSSESSION MAY BE HAD
 2 concepts:
1. possession in the concept of owner:
-takes place when the possessor of a thing or right, by
his actions ,is considered or is believed by other people
as the owner, regardless of the good or bad faith of the
possessor;
-it is possession under a claim of owership or title by one
who is the owner himself or one who is not the owner but
claims to be and acts as the owner;
2. possession in the concept of holder:
-takes place when the possessor of a thing or right holds
it merely to keep or enjoy it, the ownership pertaining to
another person;
-it is possession not under claim of ownership, the
possessor acknowledging in another a superior right
which he believes to be of ownership, whether this be
true or not;
*possession in concept of both owner and holder or in
neither:
-distinction must be borne in mind between possession
of the thing itself and possession of the right to keep or
enjoy the thing;
-rights are possessed in the concept of owner
ART.526
POSSESSOR IN GOOD FAITH AND POSSESSOR IN
BAD FAITH DEFINED
1. possessor in good faith is one who is not aware that
there exists in his title or mode of acquisition any
flaw which invalidates it;
2. possessor in bad faith is one who possesses in any
case contrary to the foregoing e.g. he is aware that
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there exists in his title or mode of acquisition a flaw
which invalidates it
note: the distinction between the two kinds of possession
is important principally in connection with the receipt of
fruits and the payment of expenses and improvements
and the acquisition of ownership by prescription under
art. 1127;
-the distinction is immaterial in the exercise of the right to
recover under art. 539 which speaks of every
possessor;
-the good or bad faith is necessarily personal to the
possessor but in the case of a principal and any person
represented by another, the good or bad faith of the
agent or legal representative will benefit or prejudice him
for whom he acts
requisites for possession in good faith or in bad faith
1. the possessor has a title or mode of acquisition;
2. there is a flaw or defect in said title or mode;
3. the possessor is unaware or aware of the flaw or
defect or believes that the thing belongs or does not
belong to him
*”mistake upon a doubtful or difficult question of law”
may be the basis of good faith;
-the phrase refers to honest error in the application of
the law or interpretation of doubtful or conflicting legal
provisions or doctrines;
-it is different from ignorance of the law;
-ignorance of the law may only be a basis of good faith
in exceptional circumstances
ART.527
PRESUMPTION OF GOOD FAITH
-the provision does not say that good faith exists, but it is
presumed;
-it is just because possession is the outward sign of
ownership
e.g of the presumption:
-defendant‟s possession of personal property alleged to
have been stolen will be presumed to have been
acquired in good faith until that presumption is overcome
by satifactory evidence;
-a purchaser of property at a public auction by the
sheriff is a possessor in good faith although ejected
therefrom by a subsequent judgment in favor of the real
owner in the absence of proof of bad faith
ART.528
CESSATION OF GOOD FAITH DURING POSSESSION
-possession which begins in good faith is presumed to
continue in good faith until the possessor acquires
knowledge of the facts showing a defect or weakness in
his title
*bad faith begins or good faith is interrupted from the
time the possessor becomes aware that he possesses
the thing improperly or wrongfully NOT from the time
possession was acquired;
- in the absence of other facts showing the
possessor's knowledge of defect in his title,
good faith is interrupted from the receipt or
service of judicial summons;
- a possessor in good faith is entitled to the fruits
only so long as his possession is not legally
interrupted, and so long as his possession is not
legally interrupted, and such interruption takes
place upon service of judicial summons
ART.529
CONTINUITY OF THE CHARACTER OF THE
POSSESSION
-the character of the possession is presumed to continue
until the contrary is proved
other presumptions affecting possession:
- uninterrupted possession of hereditary property
(art.533 par.1);
- possession with just title (art.541);
- possession with movables with real property
(art.542);
- exclusive possession of common property
(art.543);
- continuous possession (art.544);
- uninterrupted possession (art.561);
- possession during intervening period (art. 1138
[2])
ART.530
OBJECT OF POSSESSION
1. must be susceptible of being appropriated;
2. need not be susceptible of prescription
CHAPTER 2
ACQUISITION OF POSSESSION
ART.531
WAYS OF ACQUIRING POSSESSION
1. by the material occupation or exercise of a right;
2. by the subjection of the thing or right to our will;
3. by proper acts and legal formalities established for
acquiring such right of possession
 material occupation or exercise of a right
1. with respect to things – law requires material
occupation as one of the modes of acquiring
possession;
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- does not have the juridical and technical sense
under art. 712 for purposes of acquiring
ownership, but in its general and material sense
or usual and common meaning
2. with respect to rights – such rights are intangible and
cannot logically be occupied, what is required is the
exercise of a right
*the material occupation of a thing as a means for
acquiring possession may take place not only by actual
delivery but also by constructive delivery;
*it includes;
-tradicion brevi manu which takes place when
one already in possession of a thing by a title other than
the ownership continues to possess the same under a
new title, that of ownership;
-tradicion constitutum possessorium which
happens when the owner continues in possession of the
property alienated not as owner but in some other
capacity
 subject to the action of will
-occupation has the effect of subjecting things to the
action of the possessor‟s will; the same is true of proper
acts and legal formalities;
-the law contemplates a distinct cause of acquiring
possession and not merely an effect; it refers to the right
of possession than to possession as a fact;
*2 kinds of constructive delivery:
-tradicion longa manu which is effected by the
mere consent or agreement of the parties;
-tradicion simbolica which is effected by
delivering an object
 proper acts and legal formalities
-refers to acquisition by virtue of a just title;
ART. 532
BY WHOM POSSESSION ACQUIRED
1. personally or by the same person who is to enjoy it;
2. thru an authorized person or by his legal
representative or agent;
3. thru an unauthorized person or by any person
without any power or authority whatever
 acquisition of possession through another
- possession acquired by a person personally or
thru another, may be exercised by him in his
own name or in that of another;
- if a person authorized to acquire possession for
another acted beyond his powers, the principal
is not bound unless the latter ratifies the act of
acquisition; the exception is when a person
voluntarily manages the property or business of
another; in such case, the stranger‟s possession
take effect even without ratification by the owner
of the property or business
ART.533
ACQUISITION OF POSSESSION THROUGH
SUCCESSION
- the rights to the succession are transmitted from
the moment of the death of the decedent;
- the effects of the acceptance or repudiation
retroact to the moment of the death of the
decedent;
- if the inheritance is accepted, the possession of
the hereditary property is deemed transmitted by
operation of law to the heir without interruption
and from the moment of the decedent‟s death
- - if the inheritance is validly renounced, the heir
is deemed never to have possessed the same
ART.534
EFFECTS OF BAD FAITH OF DECEDENT ON HEIR
- the heir shall not suffer the consequences of the
wrongful possession of the latter because bad
faith is personal to the decedent and is not
transmitted to the heirs;
- the heir suffers the consequences of ssuch
possession only from the moment he becomes
aware of the flaws affecting the decedent‟s title
ART.535
ACQUISITION AND EXERCISE OF RIGHTS OF
POSSESSION BY MINORS AND INCAPACITATED
PERSONS
1. possession by persons without capacity – refers to
unemancipated minors and other persons who have
no capacity to act as ;
2. possession of incorporeal things;
3. acquisition of possession by material occupation –
as a general rule, acquisition of possession “by the
action of our will” and “by the proper acts and legal
formalities” is not applicable to incapacitated
persons;
4. exercise of rights of possession through legal
representatives – once possession of a thing is
acquired by such persons, there is born the right of
possession of their legal representatives
ART.536
RECOURSE TO THE COURTS
- the above provision applies to one who believes
himself the owner of real property, if he takes justice in
his own hands, he is a mere intruder and can be
compelled to return the property in an action for forcible
entry
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ART. 537
ACTS WHICH DO NOT GIVE RISE TO POSSESSION
-such acts do not affect possession; the true possessor
is deemed to have enjoyed uninterrupted possession
1. force or intimidation, as long as there is a possessor
who objects thereto
-rule does not apply if possessor makes no objection,
withdraws his objection, or takes no action whatsoever
after initially objecting to the deprivation;
2. acts merely tolerated, which do not refer to all kinds
of tolerance on the part of the owner or possessor
in view of the use of the word “merely”;
3. acts executed clandestinely and without the
knowledge of the possessor, which mean that the
acts are not public and unknown to the possessor or
owner
ART. 538
POSSESSION AS A FACT AT THE SAME TIME IN
TWO DIFFERENT PERSONALITIES
- “personalities” as used in the provision is not
synonymous to “persons”;
- possession as a fact may exist at the same time
in two or more distinct personalities but, as a
general rule, the law will recognize only one as
the actual or real possessor; the exception is
provided in cases of co – possession (art.484)
 preference of possession:
1. the present or actual possessor shall be preferred;
2. if there are two possessors, the longer in
possession;
3. if the dates of possession are the same, the
possessor with a title;
4. if all the above are equal, the fact of possession
shall be judicially determined, and in the meantime
,the thing shall be placed in judicial deposit
CHAPTER 3
EFFECTS OF POSSESSION
ART.539
RIGHTS OF EVERY POSSESSOR
 whether in the concept of the owner or holder,
the ff are his rights:
1. right to be respected in his possession;
2. right to be protected in or restored to said
possession by legal means should he be disturbed
therein;
3. right to secure from a competent court in an action
for forcible entry the proper writ to restore him in his
possession
 remedies of persons deprived of possession
1. forcible entry or unlawful detainer;
2. accion publiciana;
3. accion reinvindicatoria;
4. replevin or manual delivery of personal property
ART. 540
POSSESSION AS BASIS FOR ACQUIRING
OWNERSHIP
1. as holder – cannot be the basis of prescription nor
possession acquired through force or intimidation,
merely tolerated, or which is not public and unknown
to the present possessor;
2. as equitable mortgage – where the contract entered
into was judicially declared to be actually an
equitable mortgage rather than a contract of sale of
a parcel of land, “constructive possession” over the
land cannot ripen into ownership as it cannot be
said to have been acquired and enjoyed it the
concept of owner;
3. as claimant under a possessory information title;
4. as claimant under a certificate of title – the rule is
well settled that mere possession cannot defeat the
title of a holder of a registered Torrens title to real
property; but the true owner of the property may be
defeated by an innocent purchaser for value
notwithstanding the fraud employed by the seller in
securing title;
5. as possessor of forest land – cannot ripen into
private ownership;
6. as possessor of a different kind of land – since the
subject lot is a different kind of land, the possession
no matter how long will not confer possessory rights
over the same
*tax declarations, assessments, or payment of tax do
not prove ownership of the property nor are even
sufficient to sustain a claim for possession over a land,
they are merely an indicum of a claim of ownership
ART. 541
POSSESSOR IN CONCEPT OF OWNER PRESUMED
WITH JUST TITLE
-the “just title” does not always mean a document or a
written instrument;
-the possessor may prove his title by witness;
-actual or constructive possession under claim of
ownership raises the disputable presumption of
ownership
*burden of proving just title
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1. the onus probandi is on the plaintiff who seeks the
recovery of property;
2. a person who is not, in fact, in possession cannot
acquire a prescriptive right to a land by the mere
assertion of a right therein
*different kinds of title
1. the just title presumed by the provision is title which
by itself is sufficient to transfer ownership without
need of possessing the property for the period
necessary for acquiring title by prescription;
-the presumption of just title does not apply in acquisitive
prescription;
2. for purposes of prescription, there is just title when
the adverse claimant came into possession of the
property thru one of the modes recognized by law
for the acquisition of ownership or other real rights;
3. a colorable title is one which a person has when he
buys a thing in good faith, from one who is not the
owner but whom he believes is the owner;
4. it is to be distinguished from putative title, being one
which a person believes he has but in fact he has
not because there was no mode of acquiring
ownership
ART.542
POSSESSION OF REAL PROPERTY PRESUMED TO
INCLUDE MOVABLES
-the provision refers to material possession only of
things; rights are not covered;
-the possession may be in the concept of owner or
holder, in one‟s own name or in another‟s, or in good
faith or bad;
ART. 543
EXCLUSIVE POSSESSION OF PREVIOUS CO –
OWNER DEEMED CONTINUOUS
-the provision speaks of co –possession of a thing, not of
co –ownership;
-the effects of the division retroact to the commencement
of the co – possession, but the division shall be without
prejudice to the rights of creditors
 interruption in possession of the thing
- both the benefits and the prejudices that might
have taken place during the co –possession
shall attach to each of the co –participants;
- prescription obtained by a co – pocessor or co –
owner shall benefit the others;
- interruption in the possession of the whole or
part of a thing shall be to the prejudice of all
possessors;
- possession is interrupted for purposes of
prescription either naturally (when through any
cause it should cease for more than one year) or
civilly (when the interruption is produced by
judicial summons to the possessor; in civil
interruption, inly those possessors served with
judicial summons are affected)
note: according to the above provision, interruption must
refer to the whole thing itself or part of it and not to a part
or right of a co – possessor;
-in a co – possession, there is only one thing and many
possessors, if the right of a co –possessor is contested,
he alone shall be prejudiced; with respect to the thing ,
the prejudice shall be against all;
-the reason behind this is that the thing being undivided,
it would be unjust to make the injury to fall on only one
co-possessor although only the possession of a part of
the thing may have been interrupted
ART. 544
RIGHT OF POSSESSOR IN GOOD FAITH TO FRUITS
RECEIVED
- the fruits of a thing generally belong to the
owner but a possessor in good faith is entitled to
the fruits received until good faith ceases and
bad faith begins
note: the right of the possessor in good faith is limited to
the fruits, referring to natural, industrial, and civil fruits;
other things belong to the owner of the land; but the
possessor in good faith is liable for reasonable rents
being civil fruits, from the time of the interruption of good
faith
 when fruits considered received
1. in the case of natural and civil fruits – considered
received from the time they are gathered or severed;
- fruits gathered before legal interruption belong to
the possessor in good faith;
- if the fruits are still ungathered or unharvested,
art. 545 applies
2. in case of civil fruits – their accrual, NOT their actual
receipt, shall determine when they are considered
received at the time that good faith is legally
interrupted;
- they are deemed to accrue daily and belong to
the possessor in good faith in that proportion
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ART. 545
PROPORTIONATE DIVISION OF FRUITS AN
EXPENSES
- the article does not apply when the possessor is
in bad faith, the fruits are civil, or fruits are
natural or industrial but they have been gathered
or severed when good faith ceases
- a possessor in bad faith has no right whatsoever
to the fruits gathered or pending except
necessary expenses for gathered fruits;
- the article does not apply to civil fruits which are
produced daily;
- with respect to fruits already gathered at the
time good faith ceases, art. 544 applies
 sharing of expenses and charges:
- if there are pending natural and industrial fruits
at the time good faith ceases, the two
possessors shall share in the expenses of
cultivation and the charges in proportion to the
time of possession;
- under art. 545, the expenses are not shared in
proportion to what each receives from the
harvest; in certain cases, unjust enrichment may
result
 option of the owner
- the owner or new possessor who recovers
possession has the option to either:
1. pay the possessor in good faith indemnity for his
cultivation expenses and charges and his share
in the net harvest or;
2. to allow instead the possessor in good faith to
finish the cultivation and gathering of the
growing fruits in lieu of said indemnity
refusal of the possessor in good faith for any reason
whatsoever to accept the concession forfeits his
right to be indemnified in any manner
 where there are no fruits or fruits less than
expenses
- the rule in art. 545 that the expenses shall be
borne in proportion to the period of possession
cannot apply;
- if the fruits are merly insufficient, the same
should be divided in proportion to their
respective expenses;
- if there are no fruits, each should bear his own
expenses subject to the rights of the possessor
in good faith to be refunded for necessary
expenses under art.546, unless the owner or
new possessor exercises his option as
mentioned above
ART. 546
GENERAL RULES AS TO EXPENSES
1. possessor in good faith entitled to many rights;
2. possessor in bad faith generally without rights;
 NECESSARY EXPENSES
- are those incurred for the preservation of the
thing; seeks to prevent the waste, deterioration
or loss of the thing;
- GOOD FAITH: if possessor is in good faith, he
shall be entitled to be refunded;
- he may retain the thing until he is reimbursed
therefor;
- during period of retention he cannot be obliged
to pay rent or damages for refusing to vacate
premises forhe is merely exercising hs right of
retention which has the character of a real right
registrable as an encumberance on the
certificate of title;
- BAD FAITH: if the possessor is in bad faith, he
is entitled only to a refund without right of
retention
a possessor whether in good faith or bad faith, is not
granted the right of removal with respect to
necessary expenses as they affect the existence or
substance of the property itself
 USEFUL EXPENSES
- are expenses which add value to a thing, or
augment its income, or introduce improvements
thereon or increase its usefulness to the
possessor, or better serve the purpose for which
it was intended;
- GOOD FAITH: if the possessor is in good faith,
he has also the right of reimbursement and
retention, as with regard to necesary expenses,
or he may remove them provided such can be
done without damage to the principal thing;
- the rights of the possessor in good faith are
subject to the superior right of a prevailing party
to exercise his option either to pay the amount of
the expenses or the increase in the value of the
thing
- BAD FAITH: if the possessor is in bad faith, he
has no right whatsoever, neither refund nor
retention nor removal, regarding useful
expenses;
- Useful expenses incurred during the period of
retetion by a possessor in good faith are to be
considered in bad faith;
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ART. 547
REMOVAL OF USEFUL IMPROVEMENTS
1. possessor in good faith – right of removal is subject
to 2 conditions:
- the removal can be done without damage or
injury to the principal thing;
- the prevailing party does not choose to keep the
improvements by refunding the expenses
incurred or paying the increase in value which
the thing may have acquired by reason thereof
if the two conditions are present, the prevailing party
cannot refuse the possessor‟s right to remove but he
cannot compel him to remove; the right is purely
potestative; if the first condition is not present and
the prevailing party does nor choose to reimburse
the possessor in good faith, the latter has no right to
remove
2. possessor in bad faith – he cannot remove the
useful improvement even if removal is possible
without injury to the principal thing; the rule is
different with respect to improvements for pure
luxury or mere pleasure (art.549)
the useful improvements must have been attached
to the principal thing in a more or less permanent
way that their removal would necessarily cause
some damage or injury to the thing;
the damage must be substantial or one that will
cause diminution in the value of the property
note: injuries which only need ordinary repairs are not
covered and the possessor may remove the
improvements; the repairs are at the expense of the
possessor since it is he who is benefitted by the removal
ART. 548
EXPENSES FOR PURE LUXURY OR MERE
PLEASURE
- are expenses not necessary for the preservation
of a thing nor do they increase its productivity
although they add value to the thing, but are
incurred merely to embellish the thing and for
convenience or enjoyment of particular
possessors
1. GOOD FAITH – if the possessor is in good faith, he is
not entitled to refund but may remove the ornaments on
2 conditions:
-the principal thing suffers no damage or injury
thereby;
-the successor in possession does not prefer to
refund the amount expended
3. BAD FAITH – the possessor in bad faith has the
same rights above but the owner or lawful possessor
is liable only for the value of the ornaments, in case
he prefers to retain them, at the time he enters into
possession
note: neither the possessor in good faith nor the
possessor in bad faith is entitled to reimbursement for
luxurious expenses unless the prevailing party decides
to keep the improvements
ART. 549
RIGHTS AND LIABILITIES OF POSSESSOR IN BAD
FAITH
1. FRUITS: he is entitled to the fruits;
a. he must reimburse the value of fruits received
subject to art. 443;
b. he has no right whatsoever with respect to pending
fruits (art. 449);
c. he must reimburse the value of fruits which the
legitiamate possessor could have received subject
to art. 443;
2. NECESSARY EXPENSES: he is only entitled to
reimbursement without right of retention‟
3. USEFUL EXPENSES: he is entitled to refund and
forfeits the improvements; no right of removal;
4. LUXURIOUS EXPENSES: he is not entitled to
refund; he loses the improvements but he is granted
the limited right of removal;
5. CHARGES: he shall share them with the owner or
lawful possessor in proportion to the time of their
possession;
6. DETERIORATION OR LOSS: he is always liable,
whether due to his fault or negligence, or due to a
fortuitous event
ART.550
COSTS OF LITIGATION OVER PROPERTY
- shall be borne by the possessor of the propery
because they redound to his benefit, the court
action being necessary to maintain his
possession;
- “every possessor” refers really to any
possessor; it does not include the prevailing
party who succeeds in the possession
ART.551
IMPROVEMENTS CAUSE BY NATURE OR TIME
- the provision covers all the natural accessions
which must follow the ownership of the principal
thing, and generally, all improvements that are
not due to the will of the possessor
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ART.552
LIABILITY FOR LOSS OR DETERIORATION
1. possessor in GOOD FAITH:
a. before receipt of judicial summons, a possessor
in good faith is presumed to continue in the
same character;
- he is not liable to the owner for damages caused
to the property even if due to his fault or
negligence;
b. after receipt of judicial summons, his good faith
is converted into bad faith
2. possessor in BAD FAITH:
-he is liable whether or not the loss or deterioration
occurred before or after receipt of judicial summons
and whether or not due to a fortuitous event
ART.553
IMPROVEMENTS WHICH HAVE CEASED TO EXIST
- having ceased to exist, the owner or lawful
possessor who came too late cannot benefit
from them;
- but he is liable for necessary expenses even if
the thing for which they were incurred no longer
exists; necesary expenses are not considered
improvements
ART.554
PRESUMPTION OF POSSESSION DURING
INTERVENING PERIOD
- the provision contemplates a situation where a
present possessor is able to prove his
possession of a property at a prior period but not
his possession during the intervening period;
- he is presumed to have the property
continuously without interruption, unless the
contrary is proved
ART.555
MODES OF LOSING POSSESSION
- the provision applies both to real and personal
property except no. 4 which obviously refers to
real property
 by abandonment
- the voulutary renunciation of all rights which a
person has over a thing thereby allowing a third
person to acquire ownership or possession
thereof by means of occupancy;
- abandoner may be the owner or a mere
possessor, but the latter obviously cannot
abandon ownership which belongs to another;
- since abandonment involves the renunciation of
property right, the abandoner must have a right
to the thing possessed and the legal capacity to
renounce it;
- there must be an intention to abandon (spes
recuperandi is gone and the animus revertendi
is finally given up;
- by voluntary abandonment, thing becomes
without an owner or possessor and is converted
into res nullius and may thus be acquired by a
third person by occupation;
- abandonment which converts the thing into res
nullius, ownership of which may be acquired by
occupation can hardly apply to land, as to which
said mode of acquisition is not available
 by assignment
- is understood to mean the complete
transmission of the thing or right to another by
any lawful manner;
- it may either be onerous or gratuitous;
- the effect is that he who was the owner or
possessor is no longer so
 by destruction, total loss, or withdrawal from
commerce
- a thing is lost when it perishes, or goes out of
commerce, or disappears in such a way tht its
existence is unknown, or cannot be recovered
 by possession of another for more than one
year
- this refers to possession de facto and not de
jure
 by recovery by lawful owner or possessor
- recovered in an reinvindicatory action or in an
action to recover the better right of possession
ART. 556
LOSS OF POSSESSION OF MOVABLES
1. the possession of movables shall be deemed lost
when they cease to be under the control of the
possessor;
2. possession is not lost by the mere fact that the
possessor does not know for the time being the
precise whereabout of a specific movable when he
has not given up all hope of finding it
ART. 557
LOSS OF POSSESSION OF IMMOVABLES AND
REAL RIGHTS WITH RESPECT TO THIRD PERSONS
- third persons are not prejudiced except in
accordance with the provisionss of the
mortgage law and registration law
-
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ART. 558 *the ff are some exceptions:

POSSESSORY ACTS OF A MERE HOLDER - where the owner of the movable is, by his
conduct, precluded from denying the seller‟s
-the possessor referred in this provision is the same authority to sell;
possessor mentioned in art. 525; - where the law enables the apparent owner to
-acts relating to possession of a mere holder do not bind dispose of the movable as if he were the true
or prejudice the possessor in the concept of owner owner thereof;
unless said acts were previously authorized or - where the sale is sanctioned by statutory or
subsequently ratified by the latter; judicial authority
-possession may be acquired for another by a stranger
provided there be subsequent ratification ART. 560
POSSESSION OF ANIMALS
ART. 559
RIGHT OF POSSESSOR WHO ACQUIRES MOVABLE *animals may be:
CLAIMED BY ANOTHER - wild;
- domesticated;
 if the acquisition was in good faith, below are the - domestic or tame
rules:
ART. 561
1. possession equivalent to a title LAWFUL RECOVERY OF POSSESSION UNJUSTLY
LOST
DOCTRINE OF IRREINVINDICABILITY provides that
possession of a movable is presumed ownership; it is - the article applies both to possession in good
equivalent to a title; no further proof is necessary faith as well as to possession in bad faith, but
only if beneficial to the possessor;
- the rule is necessary for the purposes of - the recovery of possession must be according to
facilitating transactions on movable property law, that is ,through legal means or by
which are usually done without special requesting the aid of competent authorities;
formalities; - otherwise, the benefit of continuous and
- the possessor‟s title is however not absolute; it uninterrupted possession during the intervening
is equivalent to title but not title itself; it is merely period cannot be invoked
presumptive because it can be defeated by the
true owner
TITLE VI USUFRUCT
2. where owner or possessor has lost or has been
unlawfully deprived of a movable CHAPTER 1
USUFRUCT IN GENERAL
- right of ownership, a real right;
- it is however necessary in order that the owner ART. 562
of a chattel may contest the apparent title of the USUFRUCT DEFINED
possessor that he present adequate proof of the
loss or illegal deprivation; - a real right , of a temporary nature, which
- the legitimate owner or possessor should avail authorizes its holder to enjoy all the benefits
himself of the proper remedy of replevin under which result from the normal enjoyment of
the Rules; another‟s property, with the obligation to return,
- non – payment of price by transferor only at the designated time, either the same thing, or,
creates a right to demand payment or to rescind in special cases, its equivalent
the contract, or to criminal prosecution in the
case of bouncing checks  characteristics:
1. it is a real right;
3. where the property was acquired at a public sale – 2. it is of temporary duration;
the owner cannot recover without reimbursing the 3. it is transmissible;
price paid therefor; 4. it may be constituted on real or personal property,
4. the rule is that no one can give what he has not; sale consummable or non – consummable, tangible or
is a derivative mode of acquiring ownership and the intangible, the ownership of which is vested on
vendee gets only such rights the vendor had; another

 classification
1. as to whether or not impairment of object is allowed:
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- normal; 6. as to repairs and taxes – the usufructuary pays for

- abnormal ordinary repairs and taxes on the fruits, while in
lease, the lessee is not generally under obligation to
2. as to origin: undertake repairs or pay taxes
- legal;
- voluntary; ART. 563
- mixed CREATION OF USUFRUCT

3. as to number of usufructuaries:  usufruct may be classified according to how it is

- simple; created into:
- multiple which may either be : 1. legal – created by law or declared by law;
-simultaneous; 2. voluntary – created by the will of the parties;
-successive 3. mixed – that acquired by prescription; it is mixed
4. as to terms ot conditions: because both the law and the volition of the
- pure; person(usufructuary) participate in its creation
- with a term or period;
- conditional ART. 564
5. as to quality or kind of object: KINDS OF USUFRUCT DEFINED
- of things;
- of rights 1. as to extent of object:
6. as to quantity or extent of object - total – constituted on the whole of a thing;
- total; - partial – constituted only on a part of a thing;
- partial
7. as to extent of owner‟s patrimony; 2. as to number of beneficiaries:
- universal; - simple – there is only one usufructuary;
- particular - multiple – there are several usufructuaries, and
the latter may be:
 impairment of object of usufruct is allowed into: -simultaneously;
1. normal – that which involves non – consumable -successive
things which the usufructuary can enjoy without 3. as to effectivity or extinguishment:
altering their form or substance, though they may - pure – no term or condition;
deteriorate or diminish by time or by the use to which - with a term;
they are applied; it is also known as perfect or - conditional
regular ususfruct; 4. as to subject matter:
2. abnormal – that which involves things which would - over things;
be useless to the usufructuary unless they are - over rights
consumed or expended
ART. 565
RULES GOVERNING USUFRUCT
*DISTINGUISHED FROM LEASE - art. 563;
- arts. 566 – 612
1. as to nature of right – usufruct is always a real right,
lease is generally a personal right; CHAPTER 2
2. as to creator of right – in usufruct, the person RIGHTS OF THE USUFRUCTUARY
creating it should be the owner or his duly
authorized agent, while in lease, the lessor may not ART.566
be the owner; RIGHTS OF THE USUFRUCTUARY
3. as to origin – usufruct may be created by law,
contract, or will of the testator or by prescription,  classifications of the rights of the usufructuary
while lease is generally created by contract;
4. as to extent of enjoyment – usufruct covers all the 1. as to the thing and its fruits
fruits and all the uses and benefits of the entire
property, while lease generally refers to certain uses a. to receive the fruits of the property in usufruct and
only; half of the hidden treasure he accidentally finds in
5. as to cause – usufruct involves a more or less the property;
passive owner who allows the usufructuary to enjoy b. to enjoy any increase which the thing in usufrucyt
the object given in usufruct, while lease involves a may acquire through accession;
more active owner or lessor who makes the lessee c. to personally enjoy the thing in usufruct or lease it to
to enjoy; another;
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d. to make on the property in usufruct such
improvements or expenses he may deem proper
and to remove the improvements provided no
damage is caused to the property;‟
e. to set – off the improvements he may have made on
the property against any damgae to the same;
f. to retain the thing until he is reimbursed for
advances for extraordinary expenses and taxes on
the capital;
2. as to the usufruct itself
a. to alienate the right of usufruct except parental
usufruct;
b. in a usufruct to recover property or a real right, to
bring the action and to oblige the owner thereof to
give him proper authority and necessary proof;
c. in a usufruct pf part of a common property, to
exercise all the rights pertaining to the co – owner
with respect to the administration and collection of
fruits or interests from the property;
3. as to advances and damages
a. to be reimbursed for indespensable extrsordinary
repairs made by him in an amount equal to the
increase in value which the property may have
acquired by reason of such repairs;
b. to be reimbursed for taxes on the capital advanced
by him;
c. to be indemnified for damages caused to him by the
naked owner;
 right of usufructuary to fruits
a. he has the right to receive all the fruits except where
the usufruct is constituted only on a part of the fruits
of a thing or where there is an agreement to the
contrary;
b. the naked owner retains and can exercise all rights
as owner over the property limited only by the right
of enjoyment of the usufructuary
ART.567
RIGHTS OF THE USUFRUCTUARY TO PENDING
NATURAL AND INDUSTRIAL FRUITS
-the provision does not apply to civil fruits for they accrue
daily
1. fruits growing at the beginning of usufruct belong to
the usufructuary who is not bound to refund to the
owner the expenses of cultivation and production
incurred ;
2. fruits growing at the termination of the usufruct
belong to the owner but he is bound to reimburse
the usufructuary the ordinary cultivation expenses
out of the fruits received
note: the rights of third persons are protected
ART. 568 in relation to ART. 569
LEASE BY THE USUFRUCTUARY
- the usufructuary may lease the property in
usufruct to another;
- if the usufructuary should expire before the
termination of the lease, the usufractuary or his
heirs and the successors are entitled only to the
rents corresponding to the duration of the
usufruct;
- the rents for the remaining period of the lease
belong to the owner;
ART.570
USUFRUCT CONSTITUED ON CERTAIN RIGHTS
- because civil fruits accrue daily, they belong to
the usufructuary in proportion to the time the
usufruct lasts;
- payments and benefits accrue after the
termination of the usufruct belong to the owner;
- the date when the benefits accrue determines
whether they should belong to the usufructuary
or the owner;
- the article applies whether or not the date of the
distribution of benefits is fixed
ART. 571
EXTENT OF THE RIGHTS OF THE USUFRUCTUARY
- the usufructuary is generally entitled to all the
benefits that the thing in usufruct can give
including any increase by accession and
servitudes established in its favor;
- the reason is that usufruct covers the entire jus
fruendi and jus utendi
ART. 572
TRANSACTIONS BY THE USUFRUCTUARY
*the usufructuary may primarily enjoy the thing in
usufruct, that is , to possess the thing, use it, and receive
its fruits
- but legal usufruct of the parent over his or her
unemancipated children cannot be alienated,
pledged or mortgaged for the right is personal
and intransmissible burdened as it is by
important obligations of the parent for the benefit
of the children;
- a usufruct given in consideration of the person of
the usufructuary to last during his lifetime is also
personal and ,therefore, intransmissible
*as a rule, all contracts entered into by the usufructuary
shall terminate upon the expiration of the usufruct or
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earlier, except rural leases which continue during the
agricultural year
ART. 573
USUFRUCT ON THINGS WHICH GRADUALLY
DETERIORATE
- the provision gives an instance of abnormal
usufruct because in the enjoyment of the
property the usufructuary cannot preserve its
form or substance;
- here, the thing gradually deteriorates through
wear and tear, that is, by normal use
1. the usufructuary is not responsible for the
deterioration due to wear and tear nor is he required
to make any repairs to restore it to its former
condition;
2. the usufructuary is liable for damage suffered by the
thing by reason of his fraud or negligence although
such liability may be set – off against the
improvements he may have on the property;
3. the usufructuary does not answer for deterioration
due to fortuitous event; he is however obliged to
make the ordinary repairs needed by the thing
ART. 574
USUFRUCT ON CONSUMABLE THINGS
- the provision speaks of another instance of
abnormal usufruct because the thing in usufruct
cannot be used without being consumed;
- the usufructuary shall have the right to make use
of the consumable thing;
- at the termination of the usufruct, he must:
1. pay its appraised value;
2. if there was no appraisal made,
either:
-return the same quantity and
quality or;
-pay its current price at such
termination
ART. 575 in relation to ART. 576
USUFRUCT ON FRUIT – BEARING TREES AND
SHRUBS
- the usufructuary has no obligation to replace
with new plants, the dead trees or shrubs
already existing at the beginning of the usufruct;
- under art. 576, if replacing the trunks could not
be “too burdensome,” the usufructuary must
replace them, whether or not he makes use of
them; the disposition of trunks is his
responsibility
ART. 577
USUFRUCT ON WOODLAND AND NURSERIES
1. the usufructuary may fell or cut trees as the owner
was in the habit of doing or in accordance with the
customs of the place as to manner, amount and
season; in any case he must not prejudice the
preservation of the land;
2. in nurseries, the usufructuary may make the
necessary thinnings in order that the remaining trees
may properly grow
ART. 578
USUFRUCT OF JUDICIAL ACTION TO RECOVER
- the provision applies if the purpose of the action
is to recover real property or personal property;
- under the Rules of Court, every action must be
brought in the name of the real party in interest;
hence, the action may be instituted in the name
of the usufructuary
ART. 579
WHERE USEFUL OR LUXURIOUS IMPROVEMENTS
ARE MADE BY THE USUFRUCTUARY
- the usufructuary has the right to make
improvements, useful or luxurious, on the
property held in usufruct as he may deem proper
rules:
1. in the exercise of the right, he must not alter the
form or substance of the property;
2. he may remove the improvements only if it is
possible to do so without damage to the property;
3. he has no right to be indemnified for the
improvements if he does not exercise his right to
remove;
4. if the improvements cannot be removed without
damage, he may se – off the same against any
damage caused by him to the property;
5. if the usufructuary does not wish to exercise his right
of removal, the owner cannot compel him to remove
the improvements;
6. if the usufructuary wishes to exercise his right of
removal, the owner cannot prevent him by offering to
reimburse him;
7. the usufructuary‟s right to remove the improvements
includes the right to destroy them provided no
damage is caused to the property;
8. the right to remove is enforceable only against the
owner, but not against a purchaser in good faith to
whom clean title has been issued
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ART. 580
RIGHT TO SET–OFF IMPROVEMENTS
- the article presupposes that the improvements
have increased the value of the property and the
damage to the same was caused through the
fault of the usufructuary;
- if the damage exceeds the value of the
improvements, the usufructuary is liable for the
difference as indemnity;
- if the value exceeds the damage, he may
remove the portion of the improvements
representing the excess in value if this can be
done without injury to the property; otherwise the
excess in value accrues to the owner;
ART. 581
RIGHTS AND OBLIGATIONS OF THE NAKED
OWNER
1. he may alienate the property in usufruct
because the title remains vested in him;
2. he cannot, however, alter the form and
substance of the property or do anything thereon
which may cause a diminution in the value of the
usufruct or be prejudicial to the rights of the
usufructuary
ART. 582
USUFRUCT OF PART OF COMMON PROPERTY
a co – owner of property has full ownership of his
part and, he may, therefore, alienate, assign,
mortgage, or give it in usufruct without the consent
of the others except when personal rights are
involved
1. in case a co – owner gives the usufruct of his share
to a person, the usufructuary shall exercise all the
rights pertaining to the co –owner regarding the
administration and the collection of the fruits or
interest from the property;
2. the usufructuary shall be bound by the partition
made by the owners of the undivided property
although he took no part in the partition but the
naked owner to whom the part held in usufruct has
been allotted must respect the usufruct;
3. the right of the usufructuary is not affected by the
division but is limited to the fruits of said part allotted
to the co – owner
CHAPTER 3
OBLIGATIONS OF THE USUFRUCTUARY
ART. 583
classifications of obligations of the usufrcutuary
1. those before the usufruct begins:
a. to make an inventory of the property;
b. to give security
2. those during the usufruct:
a. to take care of the property;
b. to replace with the young thereof animals that die or
are lost in certain cases when the usufruct is
constituted on the flock or herd of livestock;
c. to make ordinary repairs;
d. to notify the owner of urgent extraordinary;
e. to permit works and improvements by the naked
owner not prejudicial to the usufruct;
f. to pay annual taxes and charges on the fruits;
g. to pay interest on taxes and charges on the fruits;
h. to pay debts when the usufruct is constituted on the
whole of a patrimony;
i. to secure naked owner‟s or court‟s approval to
collect credits in certain cases;
j. to notify the owner of any prejudicial act committed
by third persons;
k. to pay for court expenses and costs regarding
usufruct
3. those at the termination of the usufruct
a. to return the thing in usufruct to the naked owner
unless there is a right of retention;
b. to pay legal interest for the time that the usufruct
lasts, on the amount spent by the owner for
extraordinary repairs and the proper interest on the
sums paid as taxes by the owner;
c. to indemnify the naked owner for any losses due to
his negligence or of his transferees
ART. 584
WHEN OBLIGATION TO MAKE SECURITY NOT
APPLICABLE
the provision contains the legal exceptions to the
obligations of the usufructuary to give security in two
cases;
the exceptions are clearly justified;
“second marriage” includes any subsequent
marriage;
the donor or the parents are not exempted from the
obligation of making an inventory
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ART. 585
WHEN THE OBLIGATION TO MAKE AN INVENTORY
OR TO GIVE SECURITY EXCUSED
1. where the naked owner renounces or waives his
right to the inventory or security;
2. where the title constituting the usufruct relieves the
usufructuary from the obligation;
3. where the usufructuary asks that he be exempted
from the obligation and no one will be injured
thereby
ART. 586
EFFECTS OF FAILURE TO GIVE SECURITY
1. on rights of owners:
- entitles the naked owner for his protection to
demand that immovables be placed under the
administration or receivership, movables sold,
credit instruments be converted into registered
certificates or deposited, and cash and profits be
invested but the interest on the proceeds of sale
of movables and credit instruments placed under
administration shall belong to the usufructuary;
- the naked owner gets the proceeds of the sale
of movables and credit instruments
2. on the rights of the usufructuary:
- until he gives proper security, the usufructuary
cannot enter upon the possession and
enjoyment of the property;
- under art. 599, he may not collect matured
credits nor invest capital in usufruct without the
consent of the owner or judicial authorization;
- the failure to give security, however, does not
extinguish the right of usufruct, hence, the
usufructuary may alienate his right to the
usufruct
ART. 587
SWORN UNDERTAKING IN LIEU OF SECURITY
- the provision applies when the usufructuary who
is under obligation to give security cannot afford
to do so and no one is willing to give security for
them
humane considerations;
the usufructuary must first ask the naked owner to
grant him the rights mentioned, and should the latter
refuse, he may resort to the courts
with respect to articles with artistic or sentimental
value, the owner may demand their delivery to him if
he gives security to the usufructuary for the payment
of the legal interest on their appraised value
ART. 588
RETROACTIVE EFFECT OF GIVING SECUIRTY
- the articke applies where the usufructuary who
is required to give security gives the security
after the commencement of the usufruct;
- failure to give the needed security may deprive
the usufructuary of the right to enjoy the
possession of the property in usufruct;
- however, once the security is given, he is
entitled to all the proceeds and benefits of the
usufruct accruing from the day on which he
should have commenced to receive them
ART. 589
OBLIGATION TO TAKE CARE OF THE PROPERTY
- this is an obligation of the usufructuary during
the usufruct;
- it includes the making of ordinary repairs needed
by the thing given in usufruct;
ART. 590
LIABILITY FOR FAULT OR NEGLIGENCE OF
SUBSTITUTE
-the liability of the usufructuary is founded on his duty to
preserve the form and substance on the thing in usufruct
ART. 591
USUFRUCT ON A FLOCK AND HERD OF
LIVESTOCK
1. usufructuary has the duty to make replacements
although the death of the animals is due to natural
causes;
2. under par. 2 there is no duty to replace provided the
usufructuary is without fault;
3. if the animals are sterile, nad ,therefore, they cannot
be replaced by the young thereof, the usufruct shall
be treated as constituted on fungible things, in such
case art. 574 applies
ART. 592
OBLIGATION TO MAKE ORDINARY REPAIRS
1. the usufructuary is bound to make the repairs
referred to without the necessity of demand from the
owner;
2. the usufructuary is not liable for deterioration
resulting from wear nad tear not due to his fault or
negligence unless the deterioration could have been
prevented or arrested by ordinary repairs and he
failed to make them without valuid reason
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ART. 593 in relation to ART. 594
DUTY OF OWNER TO PAY FOR EXTRAORDINARY
REPAIRS
the law does not impose an obligation on the naked
owner or the usufructuary to make extraordinary
repairs on the property in usufruct; it is optional for
them to make such repairs or not
*the ff are extraordinary repairs:
1. those required by the wear and tear due to the
natural use of the thing but not indespensable for its
preservation;
2. those required by the deterioration of or damage to
the thing caused by exceptional circumstances but
not indispensable for its preservation;
3. those required by the deterioration of or damage to
the thing caused by exceptional circumstances and
are indispensable for its preservation
payment for extraordinary repairs:
- the rules depend on the kind of extraordinary
repairs in the same sequence above
the usufructuary, like a possessor in giid faith, has
the right of retention even after the termination of the
usufruct until he is reimbursed for the increase in
value of the property caused by extraordinary
repairs for preservation
ART. 595
CONSTRUCTIONS, IMPROVEMENTS, AND
PLANTINGS BY OWNER
- any increase in the value of the usufruct due to
the improvements will inure to the benefit of the
usufructuary for he is entitled to the use and
fruits of the property;
- the owner has no right to demand legal interest
on his expenses because they were voluntarily
incurred by him;
- the owner may even alienate his property or
make changes thereon as long as he does not
impair the right of the usufructuary
ART. 596 in relation to ART. 597
LIABILITY FOR CHARGES AND TAXES
1. expenses affecting fruits:
- usufructuary must pay the annual charges and
taxes which are imposed and, therefore, are a
lien upon the fruits during the term of the
usufruct;
2. land taxes;
3. taxes levied on the capital:
- must be paid by naked owner but he has the
right to demand from the usufructuary the proper
interest on the sums paid
ART. 598
WHERE USUFRUCT COVERS ENTIRE PATRIMONY
- the provision applies to a universal usufruct or
one which covers the entire patrimony of the
owner,a nd at the time of its constitution, by
donation or any other acts inter vivos;
1. where there is a stipulation for the payment by the
usufructuary of the debts of the owner, the former is
liable only for debts contracted by the latter before
the constitution of the usufruct;
2. in the absence of a stipulation, the usufruct shall be
responsible only when the usufruct was created in
fraud of creditors which is always presumed when
the owner did not reserve sufficient property to pay
his debts prior to the creation of the usufruct
ART. 599
USUFRUCT ON MATURED CREDITS
1. if the usufruct has given sufficient security, he may
claim matured credits forming part of the usufruct,
collect them, and use and invest with or without
interest the capital collected in any manner as he ma
ydeem proper;
2. if he has not given security, or that given is not
sufficient, or he has been excused from giving
security, he may collect the credits and invest the
capital which must be at interest, with the consent of
the naked owner or approval of the court
ART. 600
USUFRUCT OF MORTGAGED IMMOVABLES
- under this provision, the usufruct is particular,
constituted by will or by acts inter vivos, whether
by onerous or gratuitous title;
- if the usufruct is universal, the liability of the
usufructuary to pay for the mortgage is governed
by art. 598;
- since the mortgage is on the property itself, the
debt must be paid by the owner;
- the usufructuary may mortgage his right of
usufruct which is a real right
ART. 601
OBLIGATION TO NOTIFY OWNER OF PREJUDICIAL
ACTS BY THIRD PERSONS
- the article speaks of any act which may be
prejudicial to the “rights of ownership”, not
merely of the “naked ownershio”
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ART. 602 ART. 607

OBLIGATION TO PAY FOR JUDICIAL EXPENSES WHERE USUFRUCT ON LAND AND BUILDING, AND
AND COST BULIDING DESTROYED

- since the expenses, costs and liabilities 1. usufruct o land and materials of building:
mentioned are incurred in connection with - destruction of the building terminates the
litigation over the possession, use and usufruct on the building but not the usufruct on
enjoyment of the thing in usufruct affecting the the land;
rights of the usufructuary, it is just that they are 2. right granted as a temporary measure:
borne by him; - to keep the usufruct alive until the building is
- if the litigation involves only the naked reconstructed or replaced;
ownership, the owner should assume them 3. where insurance received by the naked owner:
- payment of legal interest on insurance received
if it has not been used in the construction of
CHAPTER 4 another building during the while period of the
EXTINGUISHMENT OF USUFRUCT usufruct but he may, if he so desires, relieve
himself of this encumberance by turning over the
ART. 603 money to the usufructuary so that he may use it
MODES OF EXTINGUISMENT OF THE USUFRUCT subject to the obligation to return the amount to
the naked owner after his death as provided in
1. by death of the usufructuary; art. 612
2. by the expiration of period or fulfillment of condition;
3. by merger; where usufruct on building only and it is destroyed
4. by renunciation;
5. by the loss of the thing; - same rule applies although the usufruct does not
6. by termination of right of owner; cover the land for the simple reason that the use
7. by prescription; of the building necessarily involves the use of
8. other causes – such as emancipation of the child the land

a usufruct is not extinguished by bad use of the thing ART. 608

in usufruct PAYMENT OF COST OF INSURANCE

ART. 604
EFFECT OF PARTIAL LOSS
- to extinguish a usufruct, the loss must be total,
except as provided in articles 607 to 609;
- if the loss is only partial, the usufruct continues
with the remaining part;
- but the partial loss may be so important as to be
considered a total loss; it is of the courts to
determine the question in case of disagreement
neither the owners nor the usufructuary is under the
obligation to insure the property in usufruct;
should they do so:
1. the usufructuary shares with the owner in insuring
the property, the usufructuary shall continue to enjoy
the new building constructed, or if the owner do not
wish to rebuild, the usufructuary shall receive the
legal interest on the insurance proceeds which go to
the owner;

ART. 605 2. the usufructuary refuses to contribute to the

USUFRUCT IN FAVOR OF JURIDICAL OR NON- insurance, and so the owner pays it alone, the
JURIDICAL ENTITIES owner gets the full insurance indemnity in case of
loss, the right of the usufructuary being limited to the
1. fifty year limitation; legal interest on the value of the land and the
2. limitation not applicable to trusts materials

ART. 606 the article is silent where the usufructuary alone

USUFRUCT WITH DURATION DEPENDENT ON AGE pays the insurance or, where both share in the
OF A THIRD PERSON payment thereof, as to the proportion of their
contribution to the insurance
*the exception to the above rule is when the usufruct
has been expressly granted only in consideration of the
existence of a third person
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ART. 609 in relation to ART. 610
EXPROPRIATION OF THE THING IN USUFRUCT
- does not extinguish the usufruct; the articl allows
the substitution of the thing by an equivalent
thing;
- if the thing expropriated is for public use, the
naked owner is given the option to replace it with
another thing of the same value and of similar
conditions;
- or to pay the usufructuary the legal interest on
the amount of indemnity for the whole period of
the usufruct; in the latter case, the owner shall
give security for the payment of the interest
if bad use causes considerable injury to the owner,
not to the thing itself, the owner is given the right
provided in art. 610
ART. 611
USUFRUCT IN FAVOR OF SEVERAL PERSONS
- usufruct is not extinguished until the death of the
last survivor;
- as the usufruct continues, the rights of any
usufructuary who dies shall accrue to the
surviving usufructuaries
exception: when the title constituting the usufruct
provides otherwise as where the usufruct is
constituted in a last will and testament and the
testator makes a contrary provision
- the article applies whether the usufuct is
constituted simultaneously or successively
ART. 612
OBLIGATION OF USUFRUCTUARY TO RETURN THE
THING UPON TERMINATION OF USUFRUCT
TITLE VII EASEMENTS AND SERVITUDES
CHAPTER 1 EASEMENTS IN GENERAL
SECTION I – DIFFERENT KINDS OF EASEMENTS
ART. 613
EASEMENT OR SERVITUDE DEFINED
- easement has been defined as a real right
constituted on another'‟ property, corporeal and
immovable, by virtue of which the owner of the
same has to abstain from doing or to allow
somebody else to do something on his property
for the benefit of another thing or person;
- it may also be defined as an encumberance
imposed upon an immovable for the benefit of
another immovable belonging to a different
owner or for the benefit of a community or one
or more persons to whom the encumbered
estate does not belong by virtue of which the
owner is obliged to abstain from doing or to
permit a certain thing to be done on his estate
easement and servitude distinguished
1. easement is an english term while servitude which is
derived from Roman Law, is the name used in cuvil
law countries;
2. sevitude is the broader term, it may be real or
personal while easement is always real;
3. it is said that easement refers to the right enjoyed by
one and servitude, the burden imposed upon
another;
*characteristics of easement
1. it is a real right but will affect third persons only when
duly registered;
2. it is enjoyed over another immovable, never on
one‟s own property;
3. it involves two neighboring estates, the dominant to
which a right belongs and the servient upon which
the obligation arises;
4. it is inseparable from the estate to which it is
attached and, therefore, cannot be alienated
independently of the estate;
5. it is indivisible for it is not affected by the division of
the estate between two or more persons;
6. it is a right limited by the needs of the dominant
owner or estate, without possession;
7. it cannot consist in the doing of an act unless the act
is accessory in relation to a real easement;
8. it is a limitation on the servient owner‟s rights of
ownership for the benefit of the dominant owner; and
therefore, it is not presumed
*easement established only on immovable
- what the law treats of are not all immovables as
defined by the Civil Code but only those which
are so by their nature (are really capable of
being moved)
*nature of benefit to dominant estate
- there can be no easement without a burden on
an estate for the benefit of another immovable
belonging to a different owner or of a person or
a group of persons
distinguished from lease
1. easement is a real right, while lease is a real right
only when registered;
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2. easement is imposed only on real property while
lease may involve either personal or real property;
3. in easement, there is a limited right to the use of real
property of another but without the right of
possession, while in lease, there is a limited right to
both the possession and use of another‟s property
distinguished from usufruct
1. easement is imposed only on real property, while
usufruct may involve either real or personal property;
2. easement is limited to a particular or specific use of
the servient estate, while usufruct includes all the
uses and the fruits of the property;
3. easement is a non – possessory right over an
immovable, while usufruct involves a right of
possession in an immovable or movable;
4. easement is not extinguished by the death of the
dominant owner, while usufruct is, as a rule,
extinguished by the death of the usufructuary
note: both are real rights, whether registered or not, and
are transmissible
ARTS. 614 - 619
CLASSIFICATIONS OF EASEMENTS
1. as to recipient of benefit:
a. real – art. 613
b. personal – art. 614
2. as to its source:
a. voluntary; - art. 619
b. legal; - arts. 637 - 687
c. mixed
3. as to its exercise:
a. continuous; - art. 615
b. discontinuous – art. 615
4. as to whether or not its existence is indicated:
a. apparent; - art. 615
b. non – apparent – art. 615
5. as to duty of servient owner
a. positive; - art. 616
b. negative – art. 616
SECTION 2 – MODES OF ACQUIRING EASEMENTS
ART. 620
MODES OF ACQUIRING EASEMENTS
1. by title – all easements:
a. continuous and apparent easements – art. 620;
b. continuous and non – apparent easements – art.
622;
c. discontinuous easements – art. 622;
2. by prescription of ten years – art. 620;
3. by deed of recognition – art. 623;
4. by final judgment – art. 623;
5. by apparent sign established by the owner of two
agjoining estates – art. 624
acquisition by title or prescription
- only continuous and apparent easements may
be acquired either by virtue of a title or by
prescription in ten years;
- other kinds of easements may be acquired by
any one of the modes enumerated but not by
prescription;
- “title” refers to the juridical act which gives birth
to the easement;
- art. 620 fixes the ten year period regardless of
the good faith or bad faith of the possessor and
whether he has just title; the general rules on
prescription do not apply; the only requirement
being that there be adverse possession of the
easement for ten years
ART. 621
COMPUTATION OF THE PRESCRIPTIVE PERIOD
1. if the easement is positive, the period is counted
from the day on which the owner of the dominant
estate began to exercise it;
- if it is negative, from the day on which a notarial
prohibition was made on the servient estate;
ART. 622
ACQUISITION ONLY BY TITLE
continuous and apparent easements are the only
easements tnat can be acquired by prescription
because they are the only ones the possession of
which fulfills 2 important requisites required by law
for prescription: that the possession be public and
continuous;
the easements under art. 622 may be acquired by
title but not by prescription because their possession
or exercise is either not public or it is public but not
continuous or uninterrupted
* acquisition of easement of right of way by prescription:
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- the easement cannot be acquired by prescription, but if
the greater right of ownership of the property can be
acquired by prescription, there seems to be no reason
why the right of way which is a mere encumberance on
the property cannot be similarly acquired;
ART. 623
DEED OF RECOGNITION OR FINAL JUDGMENT
- the article applies to the easements mentioned
in art. 622;
- it presupposes that there is a title for the
easement;
- the easement may have been acquired by oral
contract, or by virtue of some document that has
been lost; in either case, easement exists;
- the owner of the servient estate may voluntarily
execute the deed referred to in art. 623
acknowledging the existence of the easement,
the court, in an action for the purpose and upon
sufficient proof, may, in its judgment, declare its
existence
ART. 624
ALIENATION BY THE SAME OWNER OF TWO
ESTATES WITH SIGN OF EXISTENCE OF
SERVITUDE
- the provision contemplates a situation where two
estates between which there exists an apparent
sign of an easement, belong to the same owner;
- what the law requires is that the sign indicates
the existence of a servitude although there is no
true servitude there being only one owner;
- the article applies in case of a division of a
common property by the co – owners as the
effect is the same as an alienation, or there is
only one estate and a part thereof is alienated;
- the article is not applicable in case the two
estates or portions of the same estate remain or
continue to be in the same owner after alienation
or partition
ART. 625
RIGHTS GRANTED BY EASEMENT
- even without the above article, there can hardly
be any dpubt that all easements are necessarily
invested with all the necessary rights for their
use; otherwise, the easement itself would be in
name only
ART. 626
IMMOVABLE TO BE BENEFITED BY EASEMENT,
AND MANNER OF ITS EXERCISE
- where the purpose of the easement or the
manner of its exercise is defined by the title
creating it, the exercise of the easement must be
consistent with such purpose or manner
SECTION 3 – RIGHTS AND OBLIGATIONS OF THE
OWNERS OF THE DOMINANT AND SERVIENT
ESTATES
ART. 627
RIGHTS OF THE DOMINANT OWNER:
1. to exercise all the rights necessary for the use of the
easement;
2. to make on the servient estate all the works
necessary for the use an preservation of the
servitude;
3. to renounce the easement if he desires to exempt
himself from contribution to necessary expenses;
4. to ask for mandatory injunction to prevent
impairment of his use of the easement
OBLIGATIONS OF THE DOMINANT OWNER
1. he cannot alter the easement or render it more
burdensome;
2. he shall notify the servient owner of works necessary
for the use and preservation of the servitude;
3. he must choose the most convenient time and
manner in making the necesary works as to cause
the least inconvenience to the servient owner;
4. he must contribute to the necessary expenses if
there are several dominant estates in proportion to
the benefits derived from the works
RIGHTS OF THE SERVIENT OWNER
1. to retain the ownership of the portion of the estate
on which the easement is established;
2. to make use of the easement, unless there is an
agreement to the contrary;
3. to change the place or manner of the use of the
easement provided it be equally convenient
OBLIGATIONS OF THE SERVIENT OWNER
1. he cannot impair the use of the easement;
2. he must contribute to the necessary expenses in
case he uses the easement, unless there is an
agreement to the contrary
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RIGHT OF DOMINANT OWNER TO MAKE

NECESSARY WORKS
*the rights granted by art. 627 is subject to the following
conditions:
1. the works which shall be at his expense, are
necessary for the use and preservation of the
servitude;
2. they do not alter or render the servitude more
burdebsome;
3. the dominant owner, before making the works, must
notify the servient owner;
4. they shall be done at the most convenient time and
manner so as to cause the least inconvenience to
the servient owner
ART. 630
RIGHT OF SERVIENT OWNER TO USE EASEMENT
- servient owner preserves his dominion over the
portion of his estate on which the easement is
established;
- he may use the easement subject to the
condition that he does not impair the rights of
the dominant owner
SECTION 4 – EXTINGUISHMENT OF EASEMENTS
ART. 631
MODES OF EXTINGUISHMENT OF EASEMENTS

ART. 628 1. by merger;

OBLIGATION TO CONTRIBUTE TO EXPENSES OF 2. by non – user for ten years;
NECESSARY WORKS 3. impossibility of use;
4. by renunciation;
dominant owner alone shall shoulder the expenses 5. by redemption;
referred to in art. 627 6. other causes
if the easement is in favor of several dominant
estates, all the owners shall share the expenses in ART. 632
proportion to their respective interests; PRESCRIPTION OF FORM OR MANNER OF USING
the benefits shall be presumed equal in the absence EASEMENT
of any agreement or proof to the contrary;
an owner may exempt himself from contributing to - the form or manner of using the easement is
the expenses by renouncing the easement in favor different from the easement itself or the right to
of the others; exercise it;
the servient owner shall also be obliged to contribute - both may be lost by prescription;
to the expenses except when there is a stipulation to - the mode of the servitude is accidental; hence, it
the contrary, should he make use of the easement in does not affect the servitude itself while the
any manner whatsoever; servitude is used in one form or another
if he bound himself to bear the cost of the work, he
may free himself from the obligation by renouncing ART. 633
his property to the dominant owner WHERE DOMINANT ESTATE OWNED IN COMMON

ART. 629 - since easements are indivisble, the use of the co

OBLIGATION OF SERVIENT OWNER NOT TO IMPAIR – owner inures to the benefit of all the co –
SERVITUDE owners and prevents prescription as to the
shares of the latter;
- the servient owner must abstain from - the use by a co – owner is deemed to be use by
constructing works or performing any act which each and all the co – owners
will impair, in any manner whatsoever, the use
of the servitude
CHAPTER 2 LEGAL EASMENTS
RIGHT OF SERVIENT OWNER TO CHANGE PLACE
OR MANNER OF EASEMENT ART. 634
LEGAL EASEMENT DEFINED
- requisites:
1. the place and manner has become very -they are easements imposed by law and which have for
inconvenient to him from making important their object either public use or the interest of private
works thereon; persons
2. he offers another place or manner equally
convenient; kinds of legal easements
3. no injury is caused by the change to the 1. public legal easements;
dominant owner or to whoever may have a right 2. private legal easements; which include those
to use the easement relating to:
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- waters;
- right of way
- party wall
- light and view
- drainage
ART. 635 in relation to ART. 636
GOVERNING LAWS
1. public legal easements:
- primarily by special laws;
- regulations relating thereto;
- Civil Code – arts. 613 – 693
2. private legal easements:
- primarily by the agreement of the interested
parties provided it is not prohibited by law or
injurious to a third person;
- in the absence of an agreement, by the
provisions of general or local laws and
ordinances for the general welfare;
- in default thereof, by arts. 613 – 693 of the Civil
Code
the provisions of the particular law itself imposing
the easement determine whether the legal easement
is public or private
SECTION 2 – EASEMENTS RELATING TO WATERS
ART. 637
LEGAL EASEMENTS RELATING TO WATERS
1. natural drainage;
2. drainage of buildings;
3. easement on riparian banks for navigation;
4. easement of a dam;
5. easement for drawing waters or for watering
animals;
6. easement of aqueduct;
7. easement for the construction of a stop clock or
sluice gate
natural drainage of lands
1. duty of servient owner
- cannot construct works, which will impede the
easement;
- the dominant owner may demand their removal
or destruction and recover damages
2. duty of dominant owner
- cannot make works which will increases the
burden;
- but he is not prohibited from cultivatibg his land
or constructing works to regulate the descent of
the waters to prevent erosion to his land and as
long as he does not impede the natural flow of
the waters and increase the burden of the lower
estate;
- he is not liable for damages
ART. 638
PUBLIC EASEMENTS ON BANKS OF RIVER
- if the land is of public ownership, there is no
indemnity;
- if it is of private ownership, the proper
indemnity shall first be paid before it is occupied;
- the article does not apply to canals
ART. 639
ABUTMENT OF BUTTRESS OF A DAM
- person must first seek the permission of the
owner;
- in case of his refusal, authority must first be
secured from the proper administrative agency;
- where the construction of a dam is authorized,
the same can be considered a private nuisance
and may be lawfully destroyed or removed by
the injured landowner
ART. 640
DRAWING OF WATER OR WATERING ANIMALS
- this includes the accessory easement of
passage or right of way of persons and animals
to the place where the easement is to be used;
*requisites:
- imposed for reasons of public use;
-in favor of a town or village;
payment of proper indemnity
ART. 642
EASEMENT OF AQUEDUCT DEFINED
- this is the right arising from a forced easement
by virtue of which the owner of an estate who
desires to avail himself of water for the use of
said estate may make such waters pass thru the
intermediate estate with the obligation of
indemnifying the owner of the same and also the
owner of the estate to which the water may filter
or flow
*requisites:
- proof that he has the capacity to dispose of the
water;
- proof that the water is sufficient for the use
intended;
- show that the proposed right of way is the most
convenient and the least onerous to third
persons;
- pay indemnity to the owner of the servient estate
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ART. 645
RIGHTS OF OWNER OF SERVIENT ESTATE
- the servient estate may close or fence his
estate, or build over the aqueduct so long as no
damage is caused to the aqueduct or the
necessary repairs and cleanings of the same are
not rendered impossible;
- he can also construct works he may deem
necessary to prevent damage to himself
provided he does not impede or impair the use
of the easement; otherwise he shall be liable for
damages
ART. 646
EASEMENT CONSIDERED AS CONTINUOUS AND
APPARENT
- the easement of aqueduct is generally non –
apparent because it is found underground;
- discontinuous because it is used only at times,
and during the dry season, the use may be very
seldom due to the insufficient flow of water;
- for legal purposes, the easement is considered
apparent and continuous and therefore
susceptible of acquisitive prescription
ART. 647
CONSTRUCTION OF A STOP LOCK OR SLUICE
GATE
- the purpose of the construction is to take water
for irrigation, or to improve the estate;
- the construction is on the estate of another and
proper indemnity has to be paid;
- no damages must be caused to a third person
ART. 648
LAWS GOVERNING SERVITUDE OF WATERS
- governed by arts. 637 – 647 of the Civil Code;
- special laws relating thereto;
- Water Code of the Philippines;
- in case of conflict the Civil Code prevails
SECTION 3 – EASEMENT OF RIGHT OF WAY
ART. 649
EASEMENT OF RIGHT OF WAY DEFINED
- it is the right granted to the owner of an estate
which is surrounded by other estates belonging
to other persons and without an adequate outlet
to public highway to demand that he be allowed
a passage way throughout such neighboring
estates after payment of proper indemnity
* requisites:
- claimant must be an owner of enclosed
immovable or are with real right;
- there must be no adequate outlet to a public
highway;
- the right of way must be absolutely necessary;
- the isolation must not be due to theclaimant‟s
own act;
- the easement must be established at the point
least prejudicial to the servient estate;
- payment of proper indemnity
kinds of easement of right of way
1. private – in favor of a private person;
2. public – in favor of the community or public at large
note: the easement of right of way, being discontinuous
cannot be acquired by prescription;
- in any case, the right cannot be acquired by
prescription if the use relied upon as basis for
prescription was merely tolerated by the owner
of an estate for convenience
ART. 651
WIDTH OF PASSAGE
- it is the needs of the dominant property which
ultimately determine the width of the passage
and these needs vary from time to time
ART. 652 in relation to ART. 653
WHERE LAND OF TRANSFEROR OR TRANSFEREE
ENCLOSED
- the articles provide an exception to the
requirement in art. 649 regarding the payment of
indemnity
1. buyer‟s , etc. land enclosed
- transferee is not obliged to pay indemnity for the
easement as the consideration for the transfer is
presumed to include the easement without the
indemnity;
2. donee‟s land enclosed
- art. 652 is not applicable in cases of simple
donation because the donor receives nothing for
his property;
3. seller‟s , etc. or donor‟s land enclosed
- he may demand a right of way but he shall be
obliged to pay indemnity unless the purchaser
agreed to grant right without indemnity
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ART. 654
RESPONSIBULITY FOR REPAIRS AND TAXES
- the article applies if the right of way is
permanent;
- servient owner retains the ownership of the
passage way, hence he shall pay taxes;
- the dominant owner is liable for the necessary
repairs and the proportionate share of the taxes
paid by the servient owner, that is , the amount
of the taxes corresponding to the proportion on
which the easement is established
ART. 655
EXTINGUISHMENT OF COMPULSARY EASEMENT
OF RIGHT OF WAY
- the article provides for two causes of
extinguishment: the joining of the isolated estate
to another abutting a public road and opening of
a new road which gives access to the estate;
- the extinguishment is not automatic for the law
says that the servient owner may demand that
the easement be extinguished if he so desires;
- the amount to be returned consists of the value
of the land occupied and the damage caused to
the servient estate, where the servitude is a
permanent passage
ART. 656
TEMPORARY EASEMENT OF RIGHT OF WAY
1. “owner” comprehends the usufructuary who may
make use of the right granted;
2. “improvement”, alteration or beautification are added
to make the rule comprehensive;
3. “indispensable” should not be construed in its literal
meaning; it is sufficient that great convenience,
difficulty or expense would be encountered if the
easement were not granted
ART. 657
RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK,
WATERING PLACES, ETC.
- the easement shall be governed by the
ordinances and regulations relating thereto, and
in their absence, by the usage and customs of
the place
SECTION 4 – EASEMENT OF PARTY WALL
ART. 658
EASEMENT OF A PARTY WALL DEFINED
- refers to all those mass of rights and obligations
emanating from the existence and common
enjoyment of wall, fence, enclosures or hedges,
by the owners of adjacent buildings and estates
separated by such objects
party wall: a common wall which separates two
estates, built by common agreement at the dividing
line such that it occupies a portion of both estates on
equal parts
party wall vs co – ownership
1. in co –ownership the shares of the co –owners can
be divided or separated physically, but before such
division, a co–owner cannot point to any definite
portion of the property a sbelonging to him, while in
a party wall, the shares of the co – owners cannot
be physically segregated but they can be physically
identified;
2. none of the co –owners may use the community
property for has exclusive benefit because he would
be invading the rights of the others, while in a party
wall, there is no such limitation;
3. any owner may free himself from contributing to the
cost of repairs and construction of a party wall b
yrenouncing all his rights thereto, while in a co –
ownership, partial renunciation is allowed
ART. 659
WHEN EXISTENCE OF EASEMENT OF PARTY WALL
PRESUMED
- in the three cases mentioned, the presumption is
that the structures referred to are party walls;
- the legal presumption is juris tantum, it may be
rebutted by a title or exterior sign, or any other
proof showing that the entire wall in controversy
belongs exclusively to one of the adjoining party
owners
ART. 660
EXTERIOR SIGNS REBUTTING PRESUMPTION
- the article mentions some exterior signs
rebutting the presumption of a party wall;
- the wall becomes the exclusive property of the
owner of the estate which has in its favor the
presumption based on any of the exterior signs;
- the enumeration is merely illustrative and not
exclusive
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ART.661
DITCHES OR DRAINS BETWEEN TWO ESTATES
- the deposit of earth or debris on one side alone
is an exterior sign that the owner of that side is
the owner of the ditch or drain;
- the presumption is an addition to those
enumarated in art. 660 and is likewise rebuttable
ART. 662
CONTRIBUTION TO COST OF REPAIRS AND
CONSTRUCTION OF PARTY WALLS
- any owner may free himself from contributing to the
charge by renouncing his rights in the party wall unless it
actually supports his building
ART. 663
DEMOLITION OF BUILDING SUPPORTED BY PARTY
WALL
- an owner may also renounce his part ownership
of a party wall if he desires to demolish his
building supported by the wall;
- he shall bear the expenses of repairs and work
necessary to prevent any damage which the
demolition may cause to the party wall;
- “on this occasion only” means that his liability for
damages is limited to those damages suffered
simulateneously, during, or immediately after,
and by reason of the demolition
ART.664
INCREASING HEIGHT OF PARTY WALL
*conditions:
1. he must do so on his own expense;
2. he must pay for damages which may be caused
thereby even if the damage is temporary;
3. he must bear the cost of maintaining the portion
added;
4. he must pay the increased cost of preservation of
the wall
ART. 666
PROPORTIONAL USE OF PARTY WALL
- the party owners share in the expenses of
maintaining a party wall in proportion to the
interest of each;
- they also have a proportionate right to its use
without interfering with the common and
respective uses by the other co –owners
SECTION 5 – EASEMENT OF LIGHT AND VIEW
ART. 667
EASEMENT OF LIGHT DEFINED
- it is the right to admit light from the neighboring
estate by virtue of the opening of a window or
the making of certain openings
EASEMENT OF VIEW DEFINED
- it is the right to make openings or windows, to
enjoy the view through the estate of another and
the power to prevent all constructions or works
which would obstruct such view or make the
same difficult;
- it necessarily includes the easement of light;
- it is possible to have light only without view
making of opening through a party wall
- a window or opening in the dividing wall of
buildings is an exterior sign which rebuts the
presumption that the wall is a party wall;
- one part owner may not, therefore, make any
window or opening of any kind thru a party wall
without the consent of others
ART. 668
PRESCRIPTIVE PERIOD FOR ACQUISITION OF
EASEMENT OF LIGHT AND VIEW
*the easement may either be positive or negative
1. positive easement – it is made thru a party wall or
even if made on one‟s own wall, if the window is on
a balcony or projection extending over the property;
- a party wall is not for the opening of windows, its
purpose is to support the buildings of the part –
owners;
- when a window is opened through a party wall,
an apparent and continuous easesment is
created from the time of such opening;
- but there is no true easement as long as the
right to prevent its use exists;
- under art. 668 par.1, the adjoining owner can
order the window closed within ten years from
the time of the opening of the window
2. negative easement – if the window is made through
a wall on the dominant estate;
- in such a case, the ten year prescriptive period
commences from the time of the formal
prohibition upon the adjoining owner;
- the “formal prohibition” must be an instrument
acknowledged before a notary public
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ART. 669
OPENINGS AT HEIGHT OF CEILING JOISTS TO
ADMIT LIGHT
1. wall is not a party wall – the owner may make an
opening for the purpose of admitting light and air,
but not for view
*restrictions:
- size must not exceed 30 centimeter square;
- the opening must be at the height of the ceiling
joists or immediately under the ceiling;
- there must be an iron grating imbedded in the
wall;
- there must be a wire screen
2. wall becomes a party wall – a part owner can order
the closure of the opening because no part – owner
may make an opening through a party wall without
the consent of the others;
- it can also obstruct the opening unless an
easement of light has been acquired by
prescription in which case the servient owner
may not impair the easement
ART. 670 in relation to ART. 671
DIRECT AND OBLIQUE VIEWS
- art. 670 requires a distance of two meters for
direct view and sixty centimeters for oblique or
side view;
- while art, 671 provides the manner of measuring
the distance;
- the distance for oblique view is much shorter
obviously because of the difficulty of affording a
full view of the adjoining tenement;
- an owner can build withing the minimum
distance or even up to the dividing line provided
no window is opened as provided in art. 669;
- prescription may still be acquired as a negative
easement after ten years from the time of
notarial prohibition
ART. 672
WHERE BUILDINGS SEPARATED BY A PUBLIC
WAY OR ALLEY
- the distance provided in art. 670 is not
compulasary where there is a public way or alley
provided that it is not less than three meters
wide;
- the minimum width is necessary for the sake of
privacy and safety;
- the width of the alley is subject to special
regulations and ordinances;
- a private alley opened to the use of the general
public falls within the provision of art. 672
ART. 673
WHERE EASEMENT OF DIRECT VIEW HAS BEEN
ACQUIRED
- “title” as used in art. 673 refers to any of the
modes of acquiring easements, namely:
contract, will, donation, or prescription
- whenever the easement of direct view has been
acquired by any such title, there is created a true
easement;
- the owner of the servient estate cannot build
thereon at less than a distance of three meters
from the boundary line;
- the distance may be increased or decreased by
stipulation of the parties provided that in case of
decrease, the minimum distance of two meters
or sixty centimeters prescribed in art. 670 must
be observed, otherwise it is void;
- the said distances involve considerations of
public policy and the general welfare, hence,
they should not be rendered ineffective by
stipulation
SECTION 6 DRAINAGE OF BUILDINGS
ART. 674
EASEMENT OF DRAINAGE OF BUILDINGS
- is the right to divert or empty the rain waters
from one‟s own roof or shed to the neighbor‟s
estate either drop by drop or through conduits
the article does not really create a servitude, it
merely regulates the use of one‟s own property by
imposing on him the obligation to collect its rain
water so as not to cause damage to his neighbors,
even if he be a co –owner of the latter;
it provides an exception to art. 637 which obliges
lower estates to receive the waters which naturally
flow from higher estates
ART. 675
EASEMENT TO RECEIVE FALLING RAIN WATERS
- the article deals not with a legal or compulsary
easement, but with a voluntary easement to
receive rain water falling from the roof of an
adjoining building;
- it is an application of art. 629
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ART. 676
EASEMENT GIVING OUTLET TO RAIN WATER
WHERE HOUSE SURROUNDED BY OTHER HOUSES
*conditions:
1. there must be no adequate outlet to the rain water
because the yard or court of a house is surrounded
by other houses;
2. the outlet to the water must be at the point where
egress is easiest, and establishing a conduit for
drainage;
3. there must be payment of proper indemnity
SECTION 7 INTERMEDIATE DISTANCES AND
WORKS FOR CERTAIN CONSTRUCTIONS AND
PLANTINGS
ART. 677
CONSTRUCTION AND PLANTINGS NEAR
FORTIFIED PLACES
- the article establishes an easement in favor of
the State;
- the general prohibition is dictated by the
demands of national security
ART. 678
CONSTRUCTION OF AQUEDUCT, WELL, SEWER.
ETC.
- such constructions must comply with the
distances prescribed by locla regulations and
customs of the place;
- the owner must take necessary protective works
or other precautions to avoid damage to
neighboring estates
- the prohibitions in the article cannot be altered
or renounced by stipulations because they
involve considerations of public policy and
general welfare
ART. 678
PLANTING OF TREES
- the article establishes a negative easement;
- it provides the minimum distances of trees and
shrubs from the boundary line;
- they shall be regulated by the local ordinances
and in the absence thereof, by the customs of
the place, and in default thereof, by art, 679;
- the purpose of this article is to prevent the
plantings from enroaching into the neighboring
tenements;
ART. 680
INTRUSIONS OF BRANCHES OR ROOTS INTO
NEIGHBORING ESTATE
- the rights given to the adjoining owner by article
680 do not prescribe where his inaction is by
reason of mere tolerance unless a notarial
prohibition is made in which case the
prescriptive period of a negative easement
would begin to run from the date of such
prohibition;
- but the owner of the plantings cannot destroy
them and the adjacent owner gas no cause to
complain
ART. 681
FRUITS NATURALLY FALLING UPON ADJACENT
LAND
- belong to the owner of the adjacent land to
compensate him for the inconvenience causes
by the branches of trees extending over his land;
- note that for the adjacent owner to be entitled to
the fruits, they must not only fall upon his land
but the falling must occur naturally;
- if the fruits fall on public property, the owner of
the tree retains ownership
SECTION 8 EASEMENT AGAINST NUISANCE
ART. 682 in relation to ART. 683
PROPRIETOR OR POSSESSOR OF LAND OR
BUILDING PROHIBITED FROM COMMITTING
NUISANCE
- the Civil Code considers the easement against
nuisance as negative because the proprietor or
possessor is prohibited to do something which
he could lawfully do were it not for the existence
of the easement;
- however, a nuisance involves any act or
omission which is unlawful;
- the above articles are more of a restriction on
the right of ownership than a true easement
SECTION 9 LATERAL AND SUBJACENT SUPPORT
ARTS. 684, 685, 686,687
PROPRIETOR PROHIBITED FROM MAKING
DANGEROUS EXCAVATIONS
-easement of lateral and subjacent support is deemed
essential to the stability of buildings
the support is lateral when the supported and
supporting lands are divided by a vertical plane;
the support is subjacent when the supported land is
above and the supporting land is beneath it;
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- any stipulation or testamentary provision allowing
excavations that violate art. 684 is void;
- the limitation applies also to future constructions;
- the notice required is mandatory except where there is
actual knowledge of the proposed excavation;
- in any case, the excavation should not deprive
the adjacent land or building of sufficient lateral
or subjacent support;
- the adjacent landowner is entitled to injuctive
relief and to damages for violation of the
provisions
CHAPTER 3
VOLUNTARY EASEMENTS
ART. 688
OWNER OF LAND MAY CONSTITUTE EASEMENT
- since easement involves an act of strict
dominium, only the owner or at least one acting
in his name and under his authority, may
establish a voluntary easement;
- however, a beneficial owner may establish a
temporary easement consistent with his right as
such and subject to termination upon the
extinguishment of the usufruct
voluntary easements not contractual, they constitute
the act of the owner:
ART. 689
WHERE THE PROPERTY HELD IN USUFRUCT
- the owner of a property in usufruct may create
easements thereon without the consent of the
usufructuary provided the rights of the latter are not
impaired;
- the above article follows the rules laid down in arts. 581
and 595
ART. 690
CREATION OF PERPETUAL VOLUNTARY
EASEMENT
- consent of both the naked owner and the
beneficial owner is necessary
ART. 691
IMPOSITION OF EASEMENT ON UNDIVIDED
PROPERTY
- the creation of a voluntary easement on
property owned in common requires the
unanimous consent of all the co –owners,
because it involves an act of alteration and not
merely an alienation of an ideal share of a co –
owner;
- the consent may be given separately or
successively
ART. 692
RULES GOVERNING VOLUNTARY EASEMENTS
1. if created by title, auch as contract, will etc., then by
such title;
2. if created by prescription, by the form and manner of
possession of the easement;
3. in default of the above, by the provisions of the Civil
Code on easement
ART. 693
WHERE SERVIENT OWNER BOUND HIMSELF TO
BEAR COST OF MAINTENANCE OF EASEMENT
- the article applies only where the owner of the
servient estate bound himself to bear the cost of
the work required for the use and preservation
of the easement;
- he is bound to fulfill the obligation he has
contracted;
- he may free himself from obligation by
renouncing or abandoning his property to the
dominant owner;
- in any case, it cannot be tacit or implied, it must
follow the form required by law for the
transmission of ownership of real property
TITLE VIII
NUISANCE
ART. 694
CONCEPT OF NUISANCE
- art. 596 gives the statutory definition of nuisance
in terms of that which causes the harm or
damage, and not of the harm or damage
caused;
- negligence is not an essential ingredient of
nuisance but to be liable for nuisance, there
must be resulting injury to another in the
enjoyment of his legal rights
anything which is injurious to public health or safety,
is offensive to the senses, is indecent or immoral,
obstructs the free use of any public street or body of
water, impairs the use of property, or, in any way,
interferes with the comfortable enjoyment of life or
property is a nuisance
distinguished from trespass
1. a nuisance consists of a use of one‟s property in
such a manner as to cause injury to the property or
the right or interest of another, while a trespass is a
direct infringement of another‟s right of property;
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2. in trespass, the injury is direct and immediate, in
nuisance, it is consequential
when rules on negligence applicable
- it has been held that where the acts or
omissions constituting negligence are the
identical acts which, it is asserted give rise to a
cause of action for nuisance, the rules
applicable to negligence will be applied
ART. 695
PUBLIC AND PRIVATE NUISANCES DEFINED
1. a public nuisance has been defined as the doing of
or the failure to do something that injuriously affects
safety, health, or morals of the public, or works some
substantial annoyance, inconvenience, or injury to
the public;
2. a private nuisance has been defined as one which
violates only private rights and produces damage to
but one or few persons, and cannot be said to be
public
PUBLIC AND PRIVATE NUISANCES DISTINGUISHED
1. the former affects the public at large or such of them
as may come in contact with it, while the latter
affects the individual or a limited number of
individuals only;
2. public nuisances are indictable, whereas private
nuisances are actionable, either for their abatement
or for damages, or both
mixed nuisances: a thing may be a private nuisance
without being a public one or a public nuisance
without being a private one;
- on the other hand, a nuisance may be both
public and private in character;
NUISANCE PER SE (in law) AND NUISANCE PER
ACCIDENS (in fact) DEFINED
1. nuisance per se is an act, occupation, or structure
which is a nuisance at all times and under any
circumstances, regardless of location or
surroundings;
- it is anything which of itself is a nuisance
because of its inherent qualities, productive of
injury or dangerous to life or property without
regard to circumstance
2. nuisance per accidens is an act, occupation, or
structure, not a nuisance per se, but which may
become a nuisance by reason of circumstances,
location, or surroundings
DISTINGUISHED
1. in the case of a nuisance per se, the thing becomes
a nuisance as a matter of law;
- its existence need only to be proved in any
locality, without showing of specific damages,
and the right relief is established by averment
and proof of the mere act;
- but where a thing not a nuisance per se is a
nuisance per accidens or in fact, depends upon
its location and surroundings, the manner of its
conduct or other circumstances, and in such
cases, proof of the act and its consequence is
necessary;
- the act or thing complained of must be shown by
evidence to be a nuisance under the law, and
whether it is a nuisance or not is generally a
question of fact
2. a nuisance per se may be summarily abated under
the undefined law of necessity;
- but if the nuisance be per accidens it has to be
decided before a tribunal athorized to decide
whether a thing or act does in law consitute a
nuisance
doctrine of attractive nuisance
-“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 of tender years who
is injured thereby, even if the child is technically a
trespasser in the premises”
- the doctrine is generally not applicable to bodies
of water, artificial as well as natural in the
absence of some unusual condition or artificial
feature other than the mere water and its
location
ART.696
LIABILITY OF SUCCESSOR OF PROPERTY
CONSTITUTING A NUISANCE
General rule: only the creator of a nuisance is liable for
the damage resulting therefrom
- however, since the injurious effect of a nuisance
is a continuing one, every successive owner or
possessor of property constituting a nuisance
who fails or refuses to abate it, or permits its
continuation has the same liablity as the one
who created it;
- to render him liable, it is necessary that he has
actual knowledge of the existence of the
nuisance and that it is within his power to abate
the same
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ART.697
ABATEMENT AND RECOVERY OF DAMAGES
- the action to abate and the action to recover
damages are distinct remedies either or both of
which the plaintiff may pursue at his election;
- the owner of property abated as a nuisance is
not entitled to compensation unless he cna show
that the abatement is unjustified
ART. 698
EFFECT OF LAPSE OF TIME
General rule: the right to bring an action to abate a
public or private nuisance is not extinguished by
prescription;
Exception: under the special rule of art. 613 (2) which
expressly prescribes that easements are extinguished by
obstruction and non – user for ten years
ART. 699
REMEDIES AGAINST A PUBLIC NUISANCE
1. prosecution under the Penal Code or any other local
ordinance;
2. civil action;
3. abatement, without judicial proceedings
- the remedies are not exclusive but cumulative;
- all of the may be availed of by public officers,
and the last two by private persons, if the
nuisance is especially injurious to the latter
ARTS. 700, 701 and 702
ROLE OF DISTRICT HEALTH OFFICER AND
OTHERS WITH RESPECT TO PUBLIC NUISANCE
the district health officer is charged with the duty to
see to it that one or all of the remedies against a
public nuisance are availed of;
he shall determine whether the third remedy, a is the
best remedy against a public nuisance;
the remedy must be availed of only with the
intervention of the district health officer;
it does not necessarily follow that the failure to
observe art. 702 is in itself a ground for the award
for damages;
art. 702 does not empower the district officer to
abate a public nuisance to the exclusion of all other
authorities;
the action must be commenced by the city or
municipal mayor; but a private person may also file
an action if the public nuisance is especially injurious
to him
ART. 703
RIGHT OF PRIVATE PERSON TO FILE AN ACTION
ON ACCOUNT OF A PUBLIC NUISANCE
- a private person may also file a civil action if the
public nuisance is especially injurious to himself;
- such nuisance becomes to him a private
nuisance affecting him in a special way different
from that sustained by the public in general
ART. 704
CONDITIONS FOR EXTRAJUDICIAL ABATEMENT OF
A PUBLIC NUISANCE
- the article states what may be done in abating a
public or private nuisance: the party injured may
remove and if necessary, destroy the thing
which constitutes the nuisance, without
committing a breach of the peace, or doing
unnecessary damage
there is a necessity of giving notice to such person
inorder to enable him to abate the nuisance himself
ARTS. 705 and 706
REMEDIES AGAINST A PRIVATE NUISANCE
- the remedies provided for in the article are the
same as the remedies against a public nuisance
except for the absence of the first remedy of
criminal propsecution
ART. 707
LIABILITY FOR DAMAGES IN CASE OF
EXTRAJUDICIAL ABATEMENT OF NUISANCE
- the article provides for two grounds to hold a
private or public official extrajudicially abating a
nuisance liable for damages;
- it serves the dual purpose of providing a sort of
deterrent against the improvident or
unreasonable resort to the remedy by
unscrupulous parties and at the same time
affords the victim a civil remedy to recover
damages without prejudice to such other
remedies granted by law
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TITLE IX
REGISTRY OF PROPERTY
ART. 708
SYSTEMS OF REGISTRATION
1. former registration systems:
- system under the Spanish Mortgage Law of
1893;
- Torrens System established by Act. No. 496 as
amended, otherwise known as the Land
Registration Act;
- The system provided for in Section 194 of the
Revised Administrative Code as amended by
Act No. 3344, covering transactions affecting
real estate not registered under Act No. 496 and
under the Spanish Mortgage Law
2. present registration system:
- by virtue of P.D. 892, the system under the
Spanish Mortgage Law was discontinued and all
lands recorded under said system which are not
covered by Torrens title shall be considered as
unregistered land
- examine, or copy the records may exercise their
*REGISTRATION DEFINED
- means the entry made in a book or public
registry of deeds
the Registry of Property
1. covers only immovable property; movable properties
are covered by Special Laws;
2. the object is the “inscription or annotation of acts
and contracts relating to the ownership and other
real rights over immovable property” and thus to
give notice to parties dealing with property of its true
status and protect them from secret transfers and
encumberances;
3. art. 708 contemplates a system of general registry
which would cover all systems of registration under
existing laws including the system of recording
under Act.3344
ART. 709
EFFECTS OF REGISTRATION
1. operates as constructive notice;
2. does not validate or cure defective instrument;
3. cannot bind property where it is legally ineffective;
4. does not vest title
effect of lack of registration
- the purpose of registration is merely to notify
and protect the interests of strangers to a given
transaction, but the non- registration of the deed
evidencing such transaction does not relieve the
parties of their obligation thereunder;
- the law always tends to protect registered rights
to favor him who registers and, therefore ,the
registration shall prejudice those who have not
registered
prejuduce to third person
- art. 709 speaks of third persons;
- as a general rule, it may be said that when the
law speaks of prejudice to third persons, they
are interested parties who have not registered,
nor participated in the act, contract or deed that
was registered by another, and when it says that
third persons shall not be prejudiced, they are
interested parties who base their right on a
registered title
ART. 710
POWER OF REGISTER OF DEEDS AS CUSTODIAN
OF REGISTRY BOOKS
- the Register of Deeds has inherent power to
control the office and the records under his
custody and has some discretion to exercise as
to manner in which persons desiring to inspect,
rights;
- the power to make registration, does not carry
with it the power to prohibit, except perhaps,
when it is clear that the purpose of the
examination is unlawful
Registry books of public nature
- it is not the prerogative of registration officers
having custody of records to see that the
information which the records contain is not
flaunted before public gaze;
- if it be wrong to publish the contents of the
records, it is the legislature and not the officials
having custody thereof which is called upon to
devise a remedy
ART. 711
REFERENCE TO SPECIAL LAWS
-the article refers to three special laws;
-“other special laws” may include special laws governing
the registration of movable property in a registry office
e.g. Chattel Mortgage Law, the Ship Mortgage Decree
and the Land Transportation and Traffic Code
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DIFFERENT MODES OF ACQUIRING OWNERSHIP
PRELIMINARY PROVISIONS
ART. 712
CONCEPT OF MODE AND TITLE
1. MODE is the specific cause which produces them as
a result of the presence of a special condition of
things, of the capacity and intention of persons, and
of the fulfillment of the requisites established by law;
2. TITLE is the juridical act, right or condition which
gives the means to their acquisition but which in
itself is insufficient to produce them
MODE AND TITLE DISTINGUISHED
1. mode directly and immediately produces a real right,
while title serves merely to give the occasion for its
acquisition or existence;
2. mode is the cause, while title is the means;
3. mode is the proximate cause, while title may be
regarded as the remote cause;
4. mode is the essence of the right which is to be
created or transmitted, while title is the means
whereby that essence is transmitted
 different modes (and titles) of acquiring ownership
and other real rights
1. original modes or those independent of any pre –
existing right of another person, namely:
a. occupation;
b. work which includes intellectual creation
2. derivative modes or those based on a pre – existing
right held by another person, namely:
a. law;
b. donation;
c. succession;
d. tradition;
e. prescription
law as a mode of acquisition
- when the Civil Code speaks of law as a mode of
acquisition, it refers to it as a distinct mode or to
those cases where the law, independent of other
modes, directly vests ownership of a thing in a
person once the prescribed conditions or
requisites are present or complied with
tradition as a mode of acquisition
- it is a derivative mode of acquiring ownership
and other real rights by virtue of which, there
being intention and capacity on the part of the
grantor and grantee and the pre – existence of
said rights in the estate of the grantor, they are
transmitted to the grantee through a just title;
- the principal kinds of tradition are as ff:
a. real tradition or physical delivery which takes
place when the thing is physically delivered or
transferred from hand to hand if it is a movable,
and if it is an immovable, by certain acts also
material, performed by the grantee in the
presence of and with consent of the grantor
which acts generally called taking possession;
b. constructive tradition or when the delivery of the
thing is not real or material but consists merely
in certain facts indicative of the same, this may
take place in any of the ff cases:
-symbolical tradition;
-tradition by public instrument;
-tradtion longa manu;
-tradition brevi manu;
-tradition constitutum possessorium;
-quasi tradition;
-tradition by operation of law
TITLE I
OCCUPATION
ART. 713
CONCEPT OF OCCUPATION
- it may be defined as the appropriation of things
appropriable by nature which are without an
owner
 requisites:
1. there must be seizure of a things;
2. the thing seized must be corporeal personal
property;
3. the thing must be susceptible of appropriation by
nature;
4. the thing must be without an owner;
5. there must be an intention to appropriate;
6. the requisites or conditions laid down by law must be
complied with
OCCUPATION AND POSSESSION DISTINGUISHED
1. occupation is a mode of acquiring ownership, while
possession merely raises the presumption of
ownership when it is exercised in the concept of
owner;
2. occupation refers only to corporeal personal
property, while possession may be exercised over
any kind of property, whether real or personal,
corporeal or incorporeal;
3. occupation requires that the object thereof be
without an owner, while possession may refer to
property owned by somebody;
4. occupation requires that there be an intent to
acquire ownership, while possession may be had in
the concept of a mere holder;
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5. occupation may not take place without some form of
possession, while possession may exist without
occupation;
6. occupation is of short duration, while possession is
generally of longer duration;
7. occupation by itself cannot lead to another mode of
acquisition, while possession may lead to another
mode which is prescription
ways by which occupation may be effected
1. by hunting and fishing;
2. by finding of movables which never had any owner;
3. by finding of movables which have been abandoned
by the owner;
4. by finding of hidden treasure
ART. 714
OCCUPATION BY LAND
- land is not included among things that can be
the object of occupation;
- the reason is that when land is without an
owner, it pertains to the State;
- if it is not owned by a private person, it belongs
to the public domain
- with respect to an abandoned lot, it may be
considered as without an owner and therefore
pertains to the State as part of its patrimonial
property, not by virtue of occupation but on the
legal principle that land without owner belongs to
the State
ART. 715
REGULATION OF HUNTING AND FISHING
- Special Law regualates hunting to protect animal
life – Act No. 2590 a amended by Act. No. 3770,
Act. No. 4003 and C.A. No. 491;
- Special Law governing fishing is P.D. No. 704
otherwise known as the Fisheries Decree of
1975;
- Hunting and fishing may be regulated by a
municipal corporation or local government unit
under a provision of law or authority granted by
Congress, being in this case a delegation of the
State‟s authority to the corporation
ART. 716
OCCUPATION BY A SWARM OF BEES
- the owner of a swarm of bees that went to
another'‟ land shall lose ownership if he has not
pursued the same within two consecutive days
after it left his property, or after pursuing the
same, he ceases to do so within the same
period;
- in such a case, the possessor or owner of the
land may occupy or retain the bees
OCCUPATION OF DOMESTICATED ANIMALS
- a domesticated animal which has not strayed or
been abandoned cannot be acquired by
occupation by a person to whose custody it was
entrusted;
- neither does the provision apply to a case where
a person has found a domestic animal and kept
it for a number of years not knowing its owner;
- the period of two days and twenty days are not
periods of limitation, but conditions precedent to
recovery
ART. 717
OCCUPATION OF PIGEONS AND FISH
- the articl does not refer to wild pigeons and fish
in a state of liberty or that live naturally
independent of man;
- their occupation is regulated by special laws on
hunting and fishing;
- what is contemplated here are pigeons and fish
considered as domesticated animals subject to
the control of man in private breeding places
ART. 718
DISCOVERY OF HIDDEN TREASURE
- see arts. 438 – 439
ART. 719 in relation to ART. 720
RULES AS TO LOST IMMOVABLE
1. the rights and obligations of the finder of lost
personal property are based on the principle of quasi
– contract;
2. the duty imposed on the finder by art. 719 is based
on the fact that one who lost his property does not
necessarily abandon it;
3. if there is no abandonment, the lost thing has not
become res nullius
ARTS. 721 – 724 provisions relating to Intellectual
Creation
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TITLE III a. pure;

DONATION
CHAPTER 1
NATURE OF DONATIONS
ART. 725
CONCEPT OF DONATION
- the donation the article speaks of and which is
governed by TITLE III is the donation proper or
the true or real donation;
- it is sometimes simply referred to as “ordinary
doanation” as opposed to the other kinds of
donation
nature and effect of donation
1. although the article defines donation as an act, it is
really a contract, with all the essential requisites of a
contract;
- it falls under contracts of pure beneficience, the
consideration being the mere liberality of the
benefactor;
- however the Code considers donation not
among the contracts that transfer ownership but
as a particular mode of acquiring and
transmitting ownership;
2. the effect of donation is to reduce the patrimony or
asset of the donor and to increase that of the donee;
3. hence, the giving of a mortgage or any other security
does not constitute a donation
requisites of donation
1. donor must have the capacity to make the donation
of a thing or right;
2. he must have the donative intent or intent to make
the donation out of liberality to benefit the donee;
3. there must be delivery, whether actual or
constructive, of the thing or right donated;
4. the donee must accept or consent to the donation
ART. 726
KINDS OF DONATION
b. conditional;
c. „with a term
ART. 727
EFFECT OF ILLEGAL OR IMPOSSIBLE CONDITIONS
1. when condition is not deemed imposed:
- the rule on testamentary disposition is followed;
- the donation is considered simple;
2. when donation rendered void:
- being contractual in nature, the rule applicable
would be found in art. 1183
ART. 728 in relation to ART. 729
DISTINCTIONS BETWEEN DONATIONS INTER
VIVOS AND DONATIONS MORTIS CAUSA
1. the first takes effect during the lifetime of the donor;
independently of his death, while the second, upon
the death of the donor;
2. the first is made out of the donor‟s pure generosity,
while the second is made in contemplation of his
death without the intention to lose the thing or its
free diposal in case of survival;
3. the first is valid even if the donor should survive the
donee, while the second is void should the donor
survive the donee;
4. the first must follow the formalities of donations,
while the second must follow the formalities of a will
for it is in reality a legacy or devise;
5. the first must be accepted by the donee during his
lifetime, while the second, being in the nature of a
testamentary dispostion, can only be accepted after
the donor‟s death;
6. the first cannot be revoked except for grounds
provided for by law, while the second is always
revocable at any time and for any reason before the
donor‟s death;
7. in the first, the right to dispose of the property is
completely conveyed to the donee, while in the
second, the right is retained by the donor while he is
still alive;
8. the first is subject to a donor‟s tax, while the second
is subject to estate tax

1. as to taking effect: ART. 730

a. inter vivos; DONATION INTER VIVOS SUBJECT TO
b. mortis causa; SUSPENSIVE CONDITION
c. propter nuptias;
- the article contemplates a situation where the
2. as to consideration: donor intends the donation to take effect during
a. simple; his lifetime but he imposes a suspensive
b. remuneratory of compensatory; condition which may or may not take place
c. modal; beyond his lifetime;
d. onerous - the fact that the event happens or the condition
is fulfilled after the donor‟s death does not
3. as to effectivity or extinguishment:
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change the nature of the act a a donation inter
vivos;
- the exception is when the donor really intended
that the donation should take effect after his
death
ART. 731
DONATION INTER VIVOS SUBJECT TO A
RESOLUTORY CONDITON
- a donation subject to a resolutory condition
takes effect immediately but shall become
inefficacious upon the happening of the event
which constitutes the condition;
- even if the donation is subject to the resolutory
condition of the donor‟s survival, the donation is
still inter vivos
ART. 732
PROVISIONS GOVERNING DONATIONS
- donations inter vivos are donations of property
that are not mortis causa;
- they include the simple, remunerative, modal
and onerous, whether or not subject to any
condition or term;
ART. 733
RULES GOVERNING ONEROUS DONATIONS OR
ONEROUS PORTIONS OF DONATIONS
1. alienations by onerous title such as sale, may be
considered a donation to the extent that the value of
the thing sold exceeds the price paid;
2. the article makes the rules of contract directly
applicable to onerous donations and remuneratory
donations as to the onerous portions therof;
3. the remuneratory donations referred to by the article
are the modal donations or those which impose
“upon the donee a burden which is less than the
value of the thing given”; as regards that portion
which exceeds the value of the burden, it shall be
governed by the provisions on donations;
4. modal donations are to be distinguished from the
remuneratory donations proper which consist of
those made in consideration of services rendered by
the donee to the donor;
5. thereis no burden imposed on remuneratory
donations;
6. if a burden is imposed, it becomes onerous as
regards the value of the burden
ART. 734
PERFECTION OF DONATION
1. necessity of acceptance- must be made during the
lifetime of the donor;
2. notice of acceptance – perfection takes place, not
from the time of acceptance by the donee but from
the time it is made known, actually or constructively,
to the donor;
3. revocation before perfection – once it is perfected it
cannot be revoked without the consent of the donee
except on grounds provided by law;
4. if the donor revokes the donation before learning of
the acceptance by the donee, there is no donation
CHAPTER 2
PERSONS WHO MAY GIVE OR RECEIVE A
DONATION
ART. 735
CAPACITY OF DONOR TO CONTRACT AND
DISPOSE OF PROPERTY
- the article requires that the donor must have
both the capacity to contract and the capacity to
dispose of his property in order that he may
make a donation
note: *provisions on the Family Code: art. 87, 98 and
125;
art. 493 CC;
B.P. Blg. 68 (Corporation Code) Sec. 36 (9) provides
for the power of corporations to make donation
ART. 736
DONATION BY A GUARDIAN OR TRUSTEE OF
WARD’S PROPERTY
*where donation is simple:
- guardians and trustees cannot be donors of their
ward‟s properties for the simple reason that they
are not the owners of the same;
*where donation is onerous:
- the prohibition, however, is not absolute; with
respect to the trustee, donation is permitted
notwithstanding that the trustee receives nothing
in exchange directly, if the donation is onerous
and is beneficial to the benefiaciary
ART. 737
CAPACITY OF THE DONOR AT TIME OF MAKING
THE DONATION
- donation is perfected is from the moment the
donor knows of the acceptance by the donee;
- under the article, the donor‟s capacity must exist
at the time of the making the donation and not
from the time of the knowledge by the donor of
the acceptance, that is , at the perfection of the
act
note: the subsequent incapacity of the donor does not
affect the validity of the donation;
- this is similar to the rule in succession
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ART. 738
CAPACITY OF THE DONEE
- a donee need not be sui juris, with complete
legal capacity to bind himself by contract;
- as long as he is not specially disqualified by law,
he may accept donations
ART. 739
DONATIONS VOID ON MORAL GROUNDS
- the article is based on consideraitons of morality
and public policy;
- the prohibitions mentioned in the article apply to
testamentary provisions and to life insurance
ART. 740
INCAPACITY TO SUCCEED A WILL
- the article expressly makes the provisions on
incapacity to succeed by will applicable to
donations inter vivos;
- they are also applicable to donations mortis
causa which are governed by the law on
succession;
- since donations and wills are both gratuitous,
the same reason for the incapacity exists for
both cases
ART. 741
DONATIONS TO MINORS AND OTHERS WITHOUT
CAPACITY TO CONTRACT
- the article does not make any distinction;
- if the reason for requiring acceptance through
the parents or legal representative is the lack of
capacity of the donee to give consent, it is clear
that the donee may not validly accept a donation
although it imposes no burden;
- in any case, when a formal or written
acceptance is required by the donor, such
acceptance must be made by the parents or
legal representative
ART. 742
DONATIONS TO CONCEIVED AND UNBORN
CHILDREN
- the article applies both to simple and onerous
donations;
- the acceptance must be made by those persons
who would legally represent them if they are
already born
ART. 743
DONATIONS TO INCAPACITATED PERSONS
- the incapacity refers to persons specially
disqualified by law to become donees, such as
those referred to in arts. 739 and 740;
- donations to such persons are void even if
simulated under the guise of another contract or
through an intermediary
ART. 744
DONATIONS OF THE SAME THING TO DIFFERENT
DONEES
- the article expressly makes applicable by
analogy the rules on sales of the same thing to
two or more different vendees
ART. 745
BY WHOM ACCEPTANCE IS MADE
- a valid donation once accepted becomes
irrevocable except on such grounds provided by
law such as inofficiousness, failure of the donee
to comply with charges imposed in the donations
or by reason of ingratitude
ART. 746
WHEN ACCEPTANCE IS MADE
1. during lifetime of donor and donee – donation inter
vivos:
- even if donation is made during their lifetime, but
the donor dies before the acceptance is
communicated to him, the donation is not
perfected;
2. after death of donor – doantion mortis causa:
- if the acceptance was made before the donor‟s
death, the donation mortis causa, although
validly executed, cannot be given force and
effect, such acceptance is void
ART. 747
DUTY OF PERSON WHO ACCEPTS IN
REPRESENTATION OF THE DONEE
*requisites:
1. acceptence is made through the parents, legal
representative, or authorized agent of the donee;
2. the property donated is immovable;
3. the acceptance is not made in the same deed of
donation but in as separate public instrument
the requirement of notification of the donor and
notation in both instruments that such notification
has been made is necessary for the validity and
perfection of the donation
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ART. 748
FORMALITIES FOR DONATION OF MOVABLES
*rules:
1. value of property exceeds P5,000:
- the donation and the acceptance must always
be made in writing;
- the donation and the acceptance need not be
made in a public instrument;
- nor is it necessary that the acceptance be made
in the same deed of donation
2. value of property is P5, 000 or less:
- it may be made orally or in writing;
- if made orally, there must be simultaneous
delivery of the thing or of the document
representing the thing donated;
- if made in writing, the donation is valid although
there is no simultaneous delivery
ART. 749
FORMALITIES FOR DONATION OF IMMOVABLES
- the article does not apply to onerous donations
which are governed by the rules on obligations
and contracts;
- the provision applies where the donation
imposes upon the donee a burden which is less
than the value of the thing given because it
requires that the public document must specify
the value of the charges that the donee must
satisfy
rules:
1. donation and acceptance are in the same instrument
- requirements:
a. must be in a public instrument or document;
b. the instrument must specify the property
donated and the charges, if any, which the
donee must satisfy
2. donation and acceptance are in separate
instruments
- requirements:
a. must be in a public instrument or document;
b. the instrument must specify the property
donated and the charges, if any, which the
donee must satisfy;
c. the acceptance by the donee must be in a public
document;
d. it must be done during the lifetime of the donor;
e. the donor must be notified in authentic form of
the acceptance of the donation in a separate
instrument;
f. the fact that such notification has been made
must be noted in both instruments
CHAPTER 3
EFFECT OF DONATIONS AND LIMITATIONS
THEREON
ART. 750
RESERVATION OF SUFFICIENT MEANS FOR
SUPPORT OF DONOR AND RELATIVES
- a donor may donate all his present property or
part threof provided he reserves sufficient
property in ownership or in usufruct for the
support of himself and of all relatives who are
entitled to be supported by him at the time of the
perfection of the donation;
- “present property” means property which the
donor can rightfully dispose at the time of the
donation
note: consider art. 759;
- art. 752;
- arts. 82, 83, 84 and 85 Family Code
ART. 751
DONATION OF FUTURE PROPERTY PROHIBITED
- “future property” refers to anything which the
donor cannot dispose of at the time of the
donation;
- the prohibition is based on the principle of law
that nobody can dispose of that which does not
belong to him
ART. 752
AMOUNT OF DONATION, LIMITED TO WHAT DONOR
MAY GIVE BY WILL
- the article makes applicable to donations the
limitation on testamentary dispostion with
respect to the amount thereof;
- the provision means that a person may not
donate more than he can give by will and a
person may not receive by way of donation
more than what the donor is allowed by law to
give by will; otherwise the donation shall be
inofficious and shall be reduced with regard
tothe excess;
- the limitation applies when the donor has forced
or compulsary heirs;
- but the limitation is enforceable only after the
death of the donor because it is only then when
it can be determined whether or not the donation
is inofficious;
- therefore, the donation is valid during the lifetime
of the donor
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ART. 753
DONATION TO SEVERAL DONEES JOINTLY
*rules:
1. the donation is understood to be in equal shares;
2. there shall be no right of accretion among the
donees unless the donor has otherwise provided;
3. if the donees are husband and wife, there shall be a
right of accretion, if the contrary has not been
provided by the donor;
ART. 754
RIGHTS AND ACTIONS
*rules:
1. the donee is subrogated to all the rights and actions
which in case of eviction would pertain to the donor;
2. if the donation is simple or remunerative, the donor
is not liable for eviction or hidden defects, because
the donation is gratuitous;
3. even if the donation is simple or remunerative, the
donor is liable for eviction or hidden defects in case
of bad faith on his part;
4. if the donation is onerous, the donor is liable on his
warranty but only to the extent of the burden
ART. 755
DONATION WITH RIGHT TO DISPOSE OF PART OF
OBJECT DONATED, RESERVED
- the donor may reserve the right to dispose of
some of the things or part of the thing donated
or some amount or income thereof;
- the donation is actually conditional, and the
condition is fulfilled if the donor dies without
exercising the right he reserved, either by acts
inter vivos or mortis causa
ART. 757
DONATION WITH PROVISION FOR REVERSION
- the donor may provide for reversion, whereby
the property donated shall “go back” to the
donor or some other person;
- a reversion in favor of the donor may be validly
established “for any case and circumstances”;
- if the revision is in favor of other persons, such
other persons must be “living at the time of the
donation”
ART. 758
LIABILITY OF DONEE TO PAY DEBTS OF DONOR
rules:
1. where donor imposes obligation upon the donee:
- this is governed by art. 758;
- the donee is liable to pay only debts previously
contracted;
- he is liable for subsequent debts only when
there is a stipulation to that effect;
- he is not liable for debts in excess of the value of
the donation received, unless the contrary is
intended
2. where there is no stipulation regarding the payment
of debts:
- this is dealt with in art. 759;
- the donee is generally not liable to pay the
donor‟s debts;
- he is responsible therefor only if the donation
has been made in fraud of creditors which is
always presumed when, at the time of the
donation, the donor has not left sufficient assets
to pay his debts;
- he is not liable beyond the value of the donation
received
CHAPTER 4
REVOCATION AND REDUCTION OF DONATIONS
ART. 760
GROUNDS FOR REVOCATION AND REDUCTION OF
DONATION
1. revocation:
- affects the whole donation and is allowed during
the lifetime of the donor;
- grounds:
a. birth, appearance, or adoption of a child;
b. non – fulfillment of a resolutory condition
imposed by the donor;
c. ingratitude of the donee
2. reduction:
- generally affects a portion only of the donation
and is allowed during the lifetime of the donor or
after his death;
- grounds:
a. failure of the donor to reserve sufficient means
for support of himself or dependent relatives;
b. failure of the donor to reserve sufficient property
to pay off his existing debts;
c. inofficiousness, that is, the donation exceeds
that which the donor can give by will;
ART. 761
EXTENT AND BASIS OF REVOCATION OR
REDUCTION
1. birth, appearance, or adoption of a child:
- the amount subject to revocation or reduction is
the excess over the portion that may be freely
diposed of by will;
- the basis of revocation or reduction is the value
of the whole estate of the donor at the time of
the birth, appearance or adoption of a child, and
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not at the time of the death of the donor as in the
case of inofficious donations under art. 771
2. in case of inofficious donations:
- what is sought to be protected by the article is
only the prospective or presumptive legitime of
the child because that is the only portion which
cannot be disposed of;
- if the donation does not exceed the free portion
at the time of the birth, appearance, or adoption,
there will be no revocation or reduction but it
may still be reduced under art. 771 if it cannot
be covered by the free portion computed as of
the time of the donor‟s death
ART. 762
OBLIGATION OF DONEE UPON REVOCATION OR
REDUCTION
1. dependent upon the situation of property donated:
a. if the property affected is still in his possession, he
must return the same;
b. if he has sold the property, he must give its value;
c. if the property has been mortgaged by him, and the
donor redeemed the mortgage, he must reimburse
the donor;
d. if the property cannot be returned, as when it has
been lost or destroyed, he must return its value at
the time of the donation
2. determination of value at the time of donation
- it is presumed that the price at which the
property is sold is its value;
- if the price is less than its actual value, the
donee is not liable for the difference absent
proof of bad faith;
- when the property cannot be returned, its value
shall be determined not as of the time of loss but
as of the time of the donation because the
donee became owner from the latter time and as
owner he must suffer the loss or diminution, or
enjoy the increase in value of the property
donated
ART. 763
PRESCRIPTION OF ACTION FOR REVOCATION OR
REDUCTION
- the donation is revoked ipso jure by operation of
law, “by the happening” of any of the events
mentioned in article 760;
- the period to bring an action is four years, and
the day from which the period shall begin to run
depends upon the cause for the revocation or
reduction;
- if the donor dies within the period of prescription,
the action is transmitted to his legitimate and
illegitimate children and descendants;
- the surviving spouse and the ascendants of the
donor are not included
if subsequent to the donation, more than one child
was born, the period of prescription is counted from
the birth of the first child;
with respect to legitimation, the period of prescription
must be counted from the time of the legitimation
(from the celebration of the subsequent marriage,
whether or not the child is recognized by the
parents);
with respect to adopted children, the period of
prescription runs from the date the judgment of the
court approving the adoption becomes final;
with respect to judicial declaration of filiation, the
period of prescription must run from the date when
the judgment declaring filiation becomes final;
as to receipt of information of existence of child
believed dead, the prescriptive period is to be
computed not from the actual appearance of the
absent child but from the time the information was
received regarding its existence;
in case more than one cause or ground for
revocation or reduction concur, the period of
prescription must run from the earliest cause
ART. 764
FAILURE TO COMPLY WITH CONDITIONS
- “ conditions” actually refers to the obligations,
charges, or burdens imposed by the donor for
his benefit or that of a third person;
- what is contemplated is an onerous or modal
donation;
- it may also refer to a resolutory condition, but
not to a suspensive condition because if the
condition is not fulfilled, the donation never
becomes effective;
- revocation implies that there is an existing
donation;
- the condition must be fulfilled within the period
fixed by the donor;
- if the donation does not fix a period, the court
shall determine such period as may under the
circumstances have been probably
contemplated by the donor;
- in case of non- fulfillment, the property donated
reverts to the donor;
- failure of the donee to comply with any condition
imposed by the donor will not affect third
persons;
- in case of non – fulfillment by the donee of any
of the conditions imposed by the donor, the
donation shall be revoked at the instance of the
donor;
- the donor may file action for specific
performance;
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- the article is not applicable to onerous donations
which are also governed by the general rules on
prescription (see art. 733);
- the presumption is that the donee has complied
with his obligation under the deed of donation;
- donor has the burden of proof that the donee
failed to comply with his obligation;
- unlike the action for revocation or reduction,
there is no prohibition in art. 764 against the
renunciation of the action by the donor because
the condition is purely contractual in nature; the
action may be waived;
- the death of the donor or the donee does not bar
the action to revoke for failure of the donee to
comply with any of the conditions imposed by
the donor, provided the prescriptive period has
not yet expired;
- unlike the action under arts. 769 and 770, the
action under art. 764 is transmissible in favor of
the donor‟s heirs and against the donee‟s heirs
because the right granted is not personal to the
donor nor is the liability of the donee personal to
him
ART. 765
REVOCATION BY REASON OF INGRATITUDE OF
THE DONEE
- the article does not apply to donations mortis
causa and onerous donations;
- a donation propter nuptias may be revoked by
the donor when the donee has committed an act
of ingratitude;
- the enumeration is exclusive and cannot be
enlarged;
- the act of ingratitude must have been committed
by the donee himself because the duty of
ingratitude is personal
ART. 766 in relation to ART. 767
EFFECT OF REVOCATION ON PRIOR ALIENATIONS
AND M,ORTGAGES
- in case of revocation of a donation by non –
compliance by the donee with any of the
conditions imposed by the donor, alienations
and mortgages made by the donee are void,
subject only to the rights of innocent third
persons;
- if the revocation is by reason of ingratitude, the
alienations and mortgages made by the donee
before the complaint for revocation is annotated
in the Registry of Property shall subsist or are
valid, later alienations and mortgages shall be
void;
ART. 768
RETURN NY DONEE OF THE FRUITS OR PROPERTY
DONATED
 rules depend upon the causes of revocation or
reduction:
1. if the cause is the birth, appearance, or adoption of a
child or ingratitude, or inofficiousness of the donation
because the donor did not reserve sufficient means
for support, or he donated more than he can give by
will, only the fruits accruing from the filing of the
complaint need be returned;
- from this it can be implied that the donation
remains valid up to the time of the filing of the
compalint;
2. if the cause is the non – fulfillment of the condition
imposed in the donation, the fruits must be returned
from the time of the breach of the condition;
- the donee shall return the property donated
ART. 769
RENUNCIATION AND PRESCRIPTIVE PERIOD OF
ACTION BY REASON OF INGRATITUDE
1. the action granted to the donor for revocation by
reason of ingratitude cannot be renounced in
advance;
- what the law prohibits is waiver, prior to the
commission of the act of ingratitude;
- a past ingratitude can be the subject of a valid
renunciation because the renunciation can be
considered as an act of magnanimity on the part
of the donor
2. the action prescribes within one year from the time
the donor had knowledge of the act of ingratitude
and it was impossible for him to bring the action;
- in case of a fortuitous event, the period during
which such impossibility existed is not counted
ART. 770
TRANSMISSION OF ACTION FOR REVOCATION
*general rule:
- the action to revoke a donation by reason of
ingratitude is purely personal to the donor and
cannot, as a rule, be transmitted to the heirs;
*exceptions:
- if the donee killed the donor, the latter‟s heirs
can ask for revocation;
- the heirs may also do so if the donor dies
without having known of the act of ingratitude;
- if a criminal case against the donee was
instituted by the donor, but the donor dies before
he could bring the civil action for revocation, his
heirs may likewise bring action because in such
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case, the intent of the donor not to pardon the
donee is quite clear;
- if the action for revocation has already been filed
by the donor before his death, his heirs are
qllowed to continue the same
note: the heirs of the donee are not held responsible for
the acts of their predecessor – donee;
- the act of ingratitude of the donee is personal;
- but if the donor has already filed the complaint
before the donee‟s death, the suit may be
continued against his heirs
ART. 771
REDUCTION OF INOFFICIOUS DONATIONS
- the action to reduce the inofficious donation
must be brought withing five years from the time
the right of action accrues
ART. 772
PERSONS ENTITLED TO ASK FOR REDUCTION
- donor not included because the inofficiousness
can only be determined after his death;
- the right to ask for reduction of inofficious
donations cannot be renounced during the
lifetime of the donor, either by express
declaration or by consenting to thet donation;
- future legitime is not subject to renunciation
ART. 773
REDUCTION WHERE THERE ARE TWO OR MORE
DONATIONS
1. the subsequent donations shall first be reduced and
only if they are not sufficient to cover the disposable
portion should the earlier ones be reduced also with
regard to the excess;
2. if the two donations were perfected at the same
time, the reduction should be proportionate unless
otherwise provided by the donor
*RESUME OF RULES ON REVOCATION
1. based on birth, appearance, or adoption of a child
(art. 760):
a. time of action: 4 years (art. 763 par.1);
b. transmissibility of action: transmitted to children and
descendants of the donor upon his death (art. 763,
par.2);
c. effect of revocation: property affected shall be
returned, or its value if the donee has sold the same,
or the donor may redeem the mortgage on the
property, with a right to recover the property; (arts.
762 pars. 1 & 2);
d. liability for fruits: donee shall return the fruits
accruing from the filing of the complaint ( art. 768
par. 1);
2. based on non–compliance with condition or
conditons (Art. 764):
a. time of action: 4 years 9art. 764 last par);
b. transmissibility of action: the action may be
transmitted to the donor‟s heirs and may be
exercised against the donee‟s heirs;
c. effect of revocation: property donated shall be
returned to the donor and the alienations and
mortgages are void subject to the rights of innocent
third persons (art. 764 par.2);
d. liability for fruits: the donee shall return the fruits
which he may have received after having failed to
fulfill the condition (art. 768 par.2);
3. based on act of ingratitude (art. 765)
a. time of action: one year (art. 769);
b. transmissibility of action: the action is not transmitted
to the heirs of the donor nor can the action be filed
against the heirs of the donee (art. 770);
c. effect of revocation: property donated shall be
returned but alienations and mortgages effected
before the notation of the complaint for revocation in
the Registry of Property shall subsist;
d. liability for fruits: same as no. 1, (d)
RESUME OF RULES ON REDUCTION
1. based on failure of the donor to reserve sufficient
means for support (art. 750)
a. time of action: the action may be brought at any time
by the donor or by the relatives entitled to support
during the lifetime of the donor;
b. transmissibility of action: action not transmissible as
the duty to give support and the right to receive are
personal in nature (art. 195 Family Code);
c. effect of reduction: donation is reduced to the extent
necessary to provide support (art. 750);
d. right to fruits: the donee is entitled to the fruits of the
owner of the property donated (art. 441);
2. based on inofficiousness for being in excess of what
the donor can give by will (art. 750, 771)
a. time of action: 5 years ( arts. 771, 1149);
b. transmissibility of action: action is transmitted to the
donor‟s heirs as the donation shall be reduced as
regard the excess at the time of the donor‟s death;
c. effect of reduction: donation takes effect during the
lifetime of the donor subject to reduction only upon
his death with regard to the excess;
d. right to fruits: the donee appropriates the fruits as
owner of the property (art.441);
3. based on birth, appearance, or adoption of a child
(art. 760)
a. time of action: same as no. 1 (a);
b. transmissibility of the action: same as no. 1 (b);
c. effect of reduction: same as no. 1 (c);
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d. liability for /right to fruits: the donee,as owner,

appropriates the fruits of the property not affected by
the reduction(art. 441) but with regard to the excess,
he shall be liable only for the fruits accruing from the
filing of the complaint (art. 768, par. 1);

4. based on fraud against creditors (art. 759)

a. time of action: 4 years (art. 1389);
b. transmissibility ofaction: action is transmitted to the
creditor‟s heirs or successors – in –interest (art.
1178);
c. effect of reduction: the property affected shall be
returned by the donee for the benefit of the creditor
subject to the rights of innocent third persons;
d. liability for fruits and damages: the fruits of the
property affected shall also be returned;
- in case the donee acted in bad faith and it should be
impossible for him to return the property affected due to
any cause, he shall indemnify the donor,s creditor for
damages suffered by the latter