PROPERTY INVOLVED

APPLICABLE (PLEASE WRITE

CASE LAW
TOPIC DESCRIPTION DOCTRINE
PERTINENT TO CASE)

CLASSIFICATION OF PROPERTY
ALMACEN 1. LADERA V. HODGES Article 415 (1) Real property House built on the land As enumerated in the Civil Code, immovable property includes
of another lands, buildings, roads and constructions of all kinds adhered to the
soil. The law does not make any distinction whether or not the
owner of the lot was the one who built the construction.

AYUNAYUN 2. MINDANAO BUS CO. V. Article 415 (5) Real property Machineries for For movable equipment to be immobilize, it requires that it must be
BIAGTAN CITY
3. ASSESSOR
MAKATI LEASING V. Article 415 Real Real property maintenance
Artos and repair A
Aero Dryer "essential and which
machinery, principal elements"
is movable inof
itsan industry
nature or work
becomes without
immobilized
CAOILE CAEVANGELISTA V. ALTO property
4. Article 415 Real property Stentering Range; only by destination or pupose, may not likewise treated as such. The
SURETY & INSURANCE
CO., INC.

CATOLOS 5.TSAI V. CA Article 415 Real property Machineries and An immovable may be considered a personal property if there is a
equipment as chattels stipulation as when it is used as security in the payment of an
obligation where a chattel mortgage is executed over it.

CHAO 6. SERG’S PRODUCT, INC. Article 415 par 5. Real property Machines are placed in It is a principal element to the chocolate making industry. Although
VS. PCI LEASING AND the factory built on the movable or personal property on its own, all of them have become
FINANCE, INC. Petitioners own land. immobilized by destination because are essential element in the
industry. It is correct that it is real property. However, contracting
CINCO 7. BURGOS V. CHIEF OF Article 415 par 5. Office and printing No. 19, Road 3, Project parties may validly stipulate real property be considered personal.
The search warrants pinpointed only one address which would be
After agreeing to such stipulation, consequently estopped from
DALAODAO STAFF
8. LOPEZ V OROSA Article 415 machines are not real 6, Quezon City,
Land and Building Plaza Theatre; Lumber A and the former
building abovementioned
is an immovable address.
property,This assertionofiswhether
irrespective based onorthat
not
claiming otherwise.
are both immovable for the proposed theatre said structure and the land on which it is adhered to belong to the
properties same owner.

DE GUZMAN 9. YAP V. TAÑADA Art 415 Water pump is not water pump Obviously the separation or removal of the pump involved nothing
DEAN 10. MACHINERY & Article 415 immovable and
Machinery Machinery and more complicated
When than thetoloosening
the sheriff repaired of bolts
the premises or dismantling
of respondent, Ipo of other
DELOS SANTOS ENGINEERING
11. SUPPLIES
MANILA ELECTRIC Equipment attached Equipment in a Factory Limestone Co., Inc., machinery and equipment in question appeared
CO. V. CITY ASSESSOR
FERRIOL 12. CAPITOL WIRELESS Article 415(5) and Machineries in Submarine cables and Submarine wires and cables are classified as machinery under
INC. V. PROVINCIAL (8) 415(5) as real wires Article 415(5) which are immovable property and thus subject to
TREASURER OF property real property tax
BATANGAS PROPERTY IN RELATION TO WHOM IT BELONGS

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GARCIA 13. LAUREL V. GARCIA Article 420 Property of public Roppongi Property, one The said property is of public dominion and is outside the commerce
dominion intended of the properties of man and therefore cannot be alienated. A property continues to be
for pubic service acquired by the PH part of the public domain, not available for private appropriation or
under reparation ownership “until there is a formal declaration on the part of the
agreement with Japan government to withdraw it from being such."
and which shall be
disposed by virtue of
HURTADO 14. RABUCO V. VILLEGAS EO 296

IBAÑEZ 15. MACASIANO V. Article 423, 424 Property of J. Gabriel, G.G. Cruz, Properties of public dominion devoted to public use and made
JAMIG DIOKNO
16. REPUBLIC V. COURT Article 420 municipalities,
Foreshore land Bayanihan,
The Lt. is
subject land Garcia
a available
When the to
seathe public
moved in general
towards areand
the estate outside the invaded
the tide commerce of
it, the
OF APPEALS, MORATO portion of the Calauag invaded
Bay, five (5) to six (6) property became foreshore land and passed to the realm of the
feet deep under water public domain.
during high tide and
two (2) feet deep at low
tide, and not suitable to
vegetation.

JERUSALEM 17.PROVINCE OF Art. 424 Civil Code vs Law Buildings and The classification of properties other than those for public use in the
LAMORENA ZAMBOANGA
18.CHAVES DEL
V. PUBLIC Article 420 on Municipal
Property of Public properties which
Reclamation the
of certain municipalities
The reclaimed as patrimonial
lands under
comprising the Art. 424 ofIslands,
Freedom the Civil
nowCode — is
covered
ESTATES AUTHORITY Dominion intended foreshore and offshore by certificates of title in the name of PEA, are alienable lands of the
for Public Service (Freedom Islands) areas public domain.
of Manila Bay.

LAZARO 19. VILLARICO VS. Article 420 Property of public Right of Way (Ninoy "right of way" exists belongs to the state or property of public
SARMIENTO dominion intended Aquino Avenue) dominion. Public use is "use that is not confined to privileged
for pubic service individuals, but is open to the indefinite public.

LLANEZA 20. HEIRS OF Article 420, 422 Regarding alienable The property situated Without satisfying the requisite character and period of possession -
MALABANAN VS and disposable lands in Barangay Tibig, possession and occupation that is open, continuous, exclusive, and
MALALUAN 21. REPUBLIC V. SANTOS Article 420 Property of public Property in Parañaque The process of drying up of a river to form dry land involved
MENDOZA III NAVY OFFICERS’
22. art. 420 dominion
public intended
dominion, bounded base
Military in thepart of the recession
parcels of landofclassified
the wateraslevel from thefor
reservations river banks,
public and the
or quasi-public
VILLAGE ASSOCIATION, military base. TCT NOVAI bought. uses: (1) are non-alienable and non-disposable in view of Section 88
INC. V. REPUBLIC (in relation with Section 8) of CA No. 141 specifically declaring
them as non-alienable and not subject to disposition; and (2) they
remain public domain lands until they are actually disposed of in
favor of private persons.

NARAWI 23. CITY OF LAPU-LAPU Article 420 Property of public Real properties under Properties located at economic zones (sites which were reserved
V. PEZA dominion; Economic Philippine Economic under Proclamation No. 1811 by President Marcos) are property of

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OLIVEROS 24.REPUBLIC V. ABOITIZ Artile 421-422 Section 14(1) of P.D. application for Section 14(1) PD NO. 1529: Applicants for registration of land title
ORIBE 25. ALONILO VS FLORES Article 424 No.
Properties of Local Registration of Land under Sec.14 (1) of PD 1529 must establish and prove: (1) that the
PAGUIO 26. DUMO V. REPUBLIC Artile 421-422 Government
Land Units
registration Property of public (1) Original Registration of Title to Land: To overcome the
PLAZA OF REPUBLIC
27. THE PHILIPPINES
V. SPOUSES Article 419 underregistration
Land Section 14(1) dominion occupied
The land subject and presumption
of the that the419
Pursuant to Article landofbelongs to the
the Civil State,
Code, the applicant
property, mustto the
in relation
REYES ALEJANDRE
28. HI-LON specifically proving registration is person to whom it belongs, is either of public dominion or of private
MANUFACTURING, INC.
COA

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 PROPERTY INVOLVED
APPLICABLE (PLEASE WRITE
CASE TOPIC DOCTRINE
LAW DESCRIPTION
PERTINENT TO CASE)
CONCEPT OF OWNERSHIP

SALAZAR 1 JAVIER VS Art. 428 Forcible Entry and "Lot being designated as Lot "In the forcible entry complaint, petitioner merely
VERDIANO II Quieting of Title; No. 1641, Ts- 308 of the claimed a better right or prior possession over the
Res Judicata Olongapo Townsite disputed area without asserting title thereto. While
Subdivision" in the quieting of title petition where she expressly
alleged ownership, specifically praying that she be
declared the rightful owner and given possession of
the disputed portion. The petition to quiet title, still
has a cause of action different from that for
ejectment. Consequently, there being no identity of
causes of action between the two, the prior
complaint for ejectment cannot bar the subsequent
action for recovery, or petition to quiet title."

SALVACION 2 BUSTOS V. CA Art. 428, Art. 429 Attributes of "A parcel of an irrigated The stay of execution is warranted by the fact that
SITCHON 3.HEIRS OF Art. 427, Art. 428 Ownership;
Ownership v. riceland located
2 Lots: Lot 60052in and
the barrio
Lot of petitioners
Possession are
andnow legal owners
ownership of thelegal
are distinct land in
SUALIBIO ROMAN
4.GARCIA V. Art. 427 Possession
Ownership v. 8452 granted
mortgaged and registered
subject land concepts. There is ownership when a thing
Possession is defined as the holding of a
TABAO COURT
5. RODILOF Art. 428, par 1. Possession Orraca Building owned by the thing
The or the being
Republic enjoyment of of
the owner a right. Literally,
the disputed
The owner has
TORREVILLAS ENTERPRISES, the owner
6. ISAGUIRRE V. Art. 428, par 1. The right to
has the Republic of theidentified
Parcel of land Philippines
as property enjoys
As the sole therespondent
owner, prerogativehas
to enter intotoa lease
the right enjoy
DE LARA right to enjoy and portion of Lot 502, Guianga her property, without any other limitations than

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TUVERA 7. CUSTODIA VS Art. 428 par. 2 Accion Residential lot in Barangay "A judgment in a case for forcible entry which
CORRADO reinvindicatoria vs Balitoc, Calatagan, Batangas involved only the issue of physical possession
accion publiciana (possession de facto) and not ownership will not bar
vs accion an action between the same parties respecting title
interdictal or ownership, such as an accion reinvindicatoria or a
suit to recover possession of a parcel of land as an
element of ownership, because there is no identity of
causes of action between the two."

VILLENA 8. ABEJARON V. Art. 428, par. 2 Right of the Owner Lot 1, Block 5, Psu-154953 in "A person who has been in actual and lawful
ALMACEN NABASA
9. JAVIER V. Art. 428, par. 2 to Institute
Right of theAction
Owner Silway, General
SUBDIVIDED THESantos City
SUBJECT possession
in of a property
forcible entry, for so many
the complaint years has only
must necessarily
LUMONTAD to Institute Action LAND INTO TWO (2) LOTS: allege that one in physical possession of a land or
Against the Holder THE FIRST LOT, WITH AN building has been deprived of that possession by
AREA OF 187.20 SQ. M., WAS
and Possessor of another through force, intimidation, threat, strategy
GIVEN TO PETITIONER,
the Thing in Order WHILE THE SECOND LOT, or stealth. Forcible entry complaint, nonetheless,
to Recover it WITH AN AREA OF 172.80 SQ. cannot be granted on its merits, considering that he
M. AND WHERE THE SUBJECT had failed to justify his right to the de facto
BUILDING WAS ERECTED, possession (physical or material possession) of the
disputed premises.

AYUNAYUN 10 BRADFORD Art. 428 Right of the Owner For recovery of ownership: Lot In the summary action of unlawful detainer, the
UNITED to Institute Action 3-F of a parcel of question to be resolved is which party has the better
CHURCH OF Against the Holder land;Unlawful detainer or superior right to the physical/material possession
CHRIST V. and Possessor of case:Lot 3-C of same parcel of (or de facto possession) of the disputed premises.
ANDO the Thing in Order land Whereas in the action for recovery of ownership, the
to Recover it question to be resolved is which party has the lawful
title or dominical right (i.e., owner's right) to the
disputed premises.

PRINCIPLE OF SELF HELP (429) AND STATE OF NECESSITY (ART. 432)

BIAGTAN 11. GERMAN Art. 429 Doctrine of Self- parcel of land situated in Sitio Such justifcation is unavailing because the doctrine
MANAGEMENT help Inarawan, San Isidro, Antipolo, of self-help can only be exercised at the time of
& SERVICE INC Rizal. actual or threatened dispossession which is absent in
V. CA the case at bar.

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CAOILE 12. CAISIP V. Art. 429 The owner or lawful possessor of a thing has the
PEOPLE right to exclude any person from the enjoyment and
disposal thereof. 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.

CATOLOS 13.PEOPLE V. Art. 429 Doctrine of Self- Farm Land The owner or lawful possessor of a thing has the
PLETCHA, JR help right to exclude any person from the enjoyment and
disposal thereof. 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.

CHAO 14.DIAMOND Art . 429 Doctrine of Self- Land for distribution under Being legitimate possessors of the land, respondents
FARMS, INC. V. help CARP exercised lawful means to protect their possession,
DIAMOND respondents were not guilty of unlawful occupation.
FARM
WORKERS
MULTI-
PURPOSE
CINCO COOPERATIV
15. SPOUSES Art. 448 Payment of the A 385 sqm lot in Canelar, As a possessor in good faith, they are entitled under
FUENTES V. value of the Zamboanga City, previously Art. 448 to indemnity for the improvements they
ROCA improvements they owned by Sabina Tarroza was introduced into the property with a right of retention
introduced on the sold to his son Tarciano Roca until the reimbursement is made.
lot. under a deed of absolute sale

DALAODAO 16. SALUDAY V. Art 429 Doctrine of Self- A bag, small but too heavy in The prohibition of unreasonable search and seizure
PEOPLE help
USE INJURING RIGHTS OF THIRDsizePERSONS
containing(ARTICLE
firearms and431)emanates from one’s right to privacy. The failure of

DE GUZMAN 17. ANDAMO V. Article 431 The owner of a parcel of land If the structures cause injury or damage to an
IAC thing cannot make adjoining landowner or a third person, the latter can

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 PROPERTY INVOLVED
APPLICABLE (PLEASE WRITE
CASE TOPIC DOCTRINE
LAW DESCRIPTION
PERTINENT TO CASE)
SURFACE RIGHTS
DEAN 1.ANDAMO V.
INTERMEDIATE
APPELLATE COURT
DELOS SANTOS 2.REPUBLIC V. RURAL
BANK OF KABACAN, INC

ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY: ACCESSION DISCRETA

FERRIOL 3.BACHRACH MOTOR CO. A bonus paid by the mortgage-debtor to another who had
V. TALISAY-SILAY MILING To the owner belongs: Civil mortgaged his land to secure the payment of the debtor's
CO Art. 441 (3) fruits are the rents of buildings, Mortgaged agricultural land obligation to a bank, is not a civil fruit of the mortgaged
the price of leases of lands, etc. property.

GARCIA 4.EQUATORIAL REALTY

DEVELOPMENT, INC. No right of ownership was transferred from Carmelo to
Equatorial and thus not
entitled to the rentals. Rent is a civil fruit that belongs to the
2 Buildings leased to Mayfair
To the owner belongs: Civil owner of the property producing it
with a right if first refusal by
Art. 441 (3) fruits are the rents of buildings, by right of accession. Consequently, and ordinarily, the rentals
Carmelo but was subsequently
the price of leases of lands, etc. that fell due from the time of the
sold to Equatorial
perfection of the sale to petitioner until its rescission by final
judgment should belong to the
owner of the property during that period.
HURTADO 5. DACLISON V. BAYTION

IBAÑEZ 6.LAND BANK OF THE

PHILS. V. PEREZ Article 445. Whatever is
built, planted or sown on the
land of another and the
improvements or repairs
Article 445
made thereon, belong to the
owner of the land, subject to
the provisions of the
following articles.
Even if we consider the vague possibility that the
Construction materials of ACDC
materials, consisting of cement, bolts and reinforcing steel
for government projects such as
bars, would be used for the construction of a movable
Metro Rail Transit, the Clark
property, the ownership of these properties would still
Centennial Exposition and the
pertain to the government and not remain with the bank as
Quezon Power Plant
they would be classied as property of the public domain

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 ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY: ACCESSION CONTINUA
JAMIG 7. IGNACIO V. HILARIO

Exercise of Option.

ART 361. The owner of land

on which anything has been
built, sown or planted in good
faith, shall have the right to
appropriate as his own the
work, sowing or planting, after
the payment of the indemnity
stated in articles 453 and 454,
or to oblige the one who built
The owner of the building erected in good faith on a land
or planted to pay the price of
owned by another, is entitled to retain the possession of the land
the land, and the one who
A parcel of land, partly rice-land until he is paid the value of his building, under article 453. The
sowed, the proper rent.
and partly residential. owner of the land, upon the other hand, has the option, under
ART. 448 in relation ART. 453
article 361, either to pay for the building or to sell his land to
to the Old Civil Code Necessary expenses shall be
Houses and granaries built by the owner of the building. But he cannot, as respondents here
provision ART 361 refunded to every possessor;
them did, refuse both to pay for the building and to sell the land and
AND ART 453 but only the possessor in good
(defendants) on the residential compel the owner of the building to remove it from the land
faith may retain the thing until
portion. where it is erected. He is entitled to such remotion only when,
such expenses are made good
after having chosen to sell his land, the other party fails to pay
to him.
for the same.
Useful expenses shall be
refunded to the possessor in
good faith with the same right
of retention, the person who
has defeated him in the
possession having the option of
refunding the amount of the
expenses or paying the increase
in value which the thing may
have acquired in consequence
thereof.”

Art. 448 - options

JERUSALEM 8.IGNAO V. INTERMIDIATE available to property is used to be owned in is entitled to retain the possession of the land until he is paid the
residential.
APPELLATE COURT common (co-ownership) by value of his building,
landowner

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LAMORENA 9.FILIPINAS COLLEGE INC.
V. GARCIA TIMBANG, ET
AL

Article 448 provides that the owner of the land has the right to
choose between: (1) appropriating the building by reimbursing
Art. 448 Builder in Good Faith School building owned by FCI
the builder on the value thereof; or (2) compelling the builder in
good faith to pay for his land.

LAZARO 10.MANOTOK REALTY, Since the improvements have been gutted by fire, and
INC. V. TECSON therefore, the basis for private respondent's right to retain
builders in good faith: right to
Art. 448 n relation to Lot No. 345, Block 1, of the Clara the premises has already been extinguished without the
appropriate works and
Art. 546 Tambunting Subdivision fault of the petitioner, there is no other recourse for the
improvements
private respondent but to vacate the premises and deliver
the same to herein petitioner.
LLANEZA 11.BERNARDO V.
BATACLAN
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. Where, however, the planter, builder, or sower has
acted in good faith, a conflict of rights arises between the
owners and it becomes necessary to protect the owner of the
improvements without causing injustice to the owner of the
land. In view of the impracticability of creating what Manresa
A contract of sale for a parcel of calls a state of "forced coownership", the law has provided a
land of about 90 hectares situated just and equitable solution by giving the owner of the land the
in sitio Balayunan, Silang, Cavite. option to acquire the improvements after payment of the proper
Owners took possession however,
Right of Accession when in indemnity or to oblige the builder or planter to pay for the land
Art. 448 they found out that respondent
good faith was allowed by former owners to and the sower to pay the proper rent. It is the owner of the land
make improvements on said land. who is allowed to exercise the option because his right is older
Plaintiff is owner while respondent and because, by the principle of accession, he is entitled to the
is possessor in good faith. ownership of the accessory thing. In this case, the plaintiff, as
owner of the land, chose to require the defendant, as owner of
the improvements, to pay for the land. The law, as we have
already said, requires no more than that the owner of the land
should choose between indemnifying the owner of the
improvements or requiring the latter to pay for the land. When
he failed to pay for the land, the defendant herein lost his right
of retention

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MALALUAN 12. HEIRS OF RAMON
DURANO, SR. V. UY 344 the owner of the land has three alternative rights: (1) to
SCRA 328 appropriate what has been built without any obligation to
pay indemnity therefor, or (2) to demand that the builder
Art. 449 - 451 Builder in bad faith Land in Danao City
remove what he had built, or (3) to compel the builder to
pay the value of the land. 32 In any case, the landowner
is entitled to damages under Article 451 (Arts. 449, 450, 451)
He is deemed a possessor in good faith, said Article 526 of the
Civil Code, who is not aware that there exists in his title or
MENDOZA 13. BALLATAN V. COURT erected.
built fence on his land but in good mode He is entitled
of acquisition to such
any flaw which remotion
invalidates it. Asonly
OF APPEALS 304 SCRA 34 art. 448 Builders in good faith possessor in good faith, the Fuentes spouses were under no
faith when, after having chosen to sell his land,
obligation to pay for their stay on the property prior to its legal
NARAWI 14. SPOUSES FUENTES V. Indemnity for the A lot owned by Roca which was interruption by a final judgment against them. What is more,
ROCA, G.R. NO. 178902, 21 Art 448 improvements introduced by later sold, without consent of his they are entitled under Article 448 to indemnity for the
APRIL 2010 builders in good faith wife, to Spouses Fuentes improvements they introduced into the property with a right of
retention until the reimbursement is made. The Rocas shall of
OLIVEROS 15. COMMUNITIES course have the option, pursuant to Article 546 of the Civil
CAGAYAN, INC. V. Code, of indemnifying the Fuentes spouses for the costs of the
SPOUSES NANOL, G.R. NO. Article 448 applies
improvements whenthe
or paying theincrease
builder believes
in value that he the
which is the
Article 448 on builders in
176791, 14 NOVEMBER 2012 Sps. Arsenio and Angeles Nanol ownerpropertyof may
the land
haveoracquired
that by some
by title he
reason of has the
such right to build
improvements.
good faith does not apply
entered into a Contract to Sell thereon, or that, at least, he has a claim of title thereto which is
where there is a contractual
with petitioner Communities not present in this case. The subject property is covered by a
relation between the parties,
Cagayan, Inc. whereby the latter Contract to Sell hence ownership still remains with petitioner
Art. 448 such as in the instant case. But
agreed to sell to the spouses a being the seller. Nevertheless, there were already instances
for failure of the parties to
house and Lots 17 and 19 at where the Court applied Article 448 even if the builders do not
attach a copy of the Contract to
Camella Homes Subd, Cagayan have a claim of title over the property such as in cases wherein
Sell, the Court is constrained to
de Oro City. a builder had constructed improvements with the consent or
apply Article 448
approval of the owner.

ORIBE 16. ANGELES V. PASCUAL,

G.R NO. 157150, 21 defining the rights of a builder,
Art 448
SEPTEMBER 2011 sower and planter in good faith

PAGUIO 17. SULO SA NAYON, INC.,

V. NAYONG PILIPINO Article 448 is manifestly intended to apply only to a case
FOUNDATION, G.R. NO. where one builds, plants, or sows on land in which he believes
170923, 20 JANUARY 2009 A portion of parcel of land known himself to have a claim of title, and not to lands where the only
Builders in good faith:
Art 448 in relation to as the Nayong Pilipino Complex interest of the builder, planter or sower is that of a holder, such
Right of retention &
Art. 546 was leased to Sulo sa Nayon, as a tenant. Introduction of valuable improvements on the
reimbursement
Inc. leased premises does not give a tenant the right of retention and
reimbursement which rightfully belongs to a builder in good
faith.

PLAZA 18. SPOUSES NARVAEZ V.

SPOUSES ALCISO, G.R. NO. Building a commercial building
165907, 27 JULY 2009 Art 448 on a piece of land sold with a
right to repurchase of owner

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REYES 19. DEPARTMENT OF
EDUCATION V. TULIAO,
G.R. NO. 205664, JUNE 9,
2014
SALAZAR 20. DEPARTMENT OF
EDUCATION V. CASIBANG, "The property in controversy is a
G.R. NO. 192268, JANUARY 7,532 square meter portion of Lot A builder in good faith is not only he who asserts his title on the
27, 2016 115 covered by Original land but he who builds and is unaware that tgere exists in his
Article 448. Builder in good faith Certi􏰆ficate of Title (OCT) No. title any flaw which invalidates it. But also includes he who has
O- 627 registered under the name constructed improvements on the land with the consent of the
of Juan Cepeda, the respondents' owner.
late father. "

SALVACION 21. BRIONES V.

MACABAGDAL, G.R. NO. Respondent-spouses purchased
150666, AUGUST 3, 2010 from Vergon Realty Investments
Corporation (Vergon) Lot No. 2-
R, a 325-square-meter land
covers cases in which the located in Vergonville The builder in good faith can compel the landowner to make a
builders, sowers or planters Subdivision No. 10 at Las Piñas choice between appropriating the building by paying the proper
Article 448. believe themselves to be City, Metro Manila and covered indemnity or obliging the builder to pay the price of the land.
owners of the land or, at least, by Transfer Certificate of Title The choice belongs to the owner of the land, a rule that accords
to have a claim of title thereto. No. 62181 of the Registry of with the principle of accession
Deeds of Pasay City. On the other
hand, petitioners are the owners of
Lot No. 2-S, which is adjacent to
Lot No. 2-R.

SANICO 22. SPOUSES MACASAET V.

SPOUSES MACASAET, G.R.
NOS. 154391-92, 30
SEPTEMBER 2004

SITCHON 23. SPOUSES AGUINO V.

SPOUSES AGUILAR, G.R. The term "builder in good faith" with reference to Article 448
NO. 182754, JUNE 29, 2015 of the CC, refers to one who, not being the owner of the land,
builds on that land believing himself to be its owner and
unaware of the land, builds on that land, believing himself to be
Application of the concept of a its owner and unaware of the defect in his title or mode of
House and lot located at No.
builder in good faith -- effects acquisition. The essence of good faith lies in an honest belief in
6948, Rosal Street, Guadalupe to
Art. 448, Art. 452 when builder is in bad faith and the validity of one's right, ignorance of a superior claim, and
which petitioners allowed
introduces improvements to the absence of intention to overreach another. Pursuant to Art. 452
occupation by mere tolerance
property of the CC, a builder in bad faith is entitled to recoup the
necessary expenses incurred for the preservation of the land.
Builders in bad faith are entitled to this reimbursement.
However, being such, they do not have the right of retention
over the premises.

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GARCIA 24. SPOUSES ESMAQUEL V.
COPRADA, G.R. NO. 152423, It is well settled that both Article 448 and Article 546 of the
DECEMBER 15, 2010 New Civil Code, which allow full reimbursement of useful
Parcel of land possssed by the improvements and retention of the premises until
Rights of a builder in good
Article 448;456 respondent due to the mere reimbursement is made, apply only to a possessor in good faith,
faith
tolerance of the owner i.e., one who builds on land with the belief that he is the owner
thereof. Verily, persons whose occupation of a realty is by sheer
tolerance of its owners are not possessors in good faith

ARTICLE 447 AND 448 APPLIED BY ANALOGY

HURTADO 25. SPOUSES DEL CAMPO V.
ABIESA 160 SCRA 379

IBAÑEZ 26. PACIFIC FARMS, INC. V.

ESGUERRA 30 SCRA 684 The owner of the land who in good faith — whether
personally or through another — makes constructions or
works thereon, using materials belonging to somebody
else, becomes the owner of the said materials with the
Owner of the property in good 6 buildings included in Insular
Article 447 obligation however of praying for their value. The owner of
faith Farm's compound in Pangasinan
the materials, on the other hand, is entitled to remove
them, provided no substantial injury is caused to the
landowner. Otherwise, he has the right to reimbursement
for the value of his materials

JAMIG 27. PECSON V. COURT OF

APPEALS 244 SCRA 407

GOOD FAITH
JERUSALEM 28. TECHNOGAS
PHILIPPINES V. COURT OF Article 527 of the Civil Code presumes good faith, and since no
APPEALS 268 SCRA 5 proof exists to show that the encroachment over a narrow,
needle-shaped portion of Uy’s land was done in bad faith by the
builder of the encroaching structures, the latter should be
Presumption to know the metes A portion of a building of
presumed to have built them in good faith.It is presumed that
Art. 527 and bounds of his property Tecnogas encroached a portion of
possession continues to be enjoyed in the same character in
does not negate good faith the lot owned by Eduardo Uy.
which it was acquired, until the contrary is proved. Good faith
consists in the belief of the builder that the land he is building
on is his, and his ignorance of any defect or flaw in his title.
Good faith, by law, is passed on to the buyer of the property.

LAMORENA 29. PLEASANTVILLE DEV’T

CORP. V. COURT OF Good faith consists in the belief of the builder that the land he
A parcel of land (Lot 9) at
APPEALS 253 SCRA 10 is building on is his and his ignorance of any defect or flaw in
Art. 527 Good faith is always presumed Pleasantville Subdivision,
his title. And as good faith is presumed, petitioner has the
Bacolod City
burden of proving bad faith.

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LAZARO 30. GEMINIANO V. COURT
Lot No. 3765-B-1 containing an
OF APPEALS 259 SCRA 344 Art. 448 does not apply where one's only interest is that of a
area of 314 square meters was
Art. 448, in relation lessee under a rental contract; otherwise, it would always be in
Possessor in good faith originally owned by the
to Art. 546 the power of the tenant to "improve" his landlord out of his
petitioners' mother, Paulina
property.
Amado vda. de Geminiano
faith when they constructed on
LLANEZA 31. HEIRS OF MARIANO V. Art. 449, 450 Principle of Accession; Essence of good faith; Effect of bad
the subject property knowing
CITY OF NAGA Builders in good faith; faith (PLEASE
inapplicable EXPOUND
in cases coveredON
by RULING) :)
the Condominium Act where
MALALUAN 32. LEVISTE Art. 448 that the condition in the
MANAGEMENT Condominium Act the owner of the land and the builder are already bound by
ACCESSION NATURAL:ALLUVIUM OR ALLUVION (ARTS. 457-458)
MENDOZA 33. AGUSTIN V. As the years went by, the Cagayan
INTERMEDIATE Accretion benefits a riparian owner when the following
River moved gradually eastward,
APPELLATE COURT 187 requisites are present: (1) that the deposit be gradual and
depositing silt on the western
SCRA 218 art. 457 accretion imperceptible; (2) that it resulted from the effects of the current
bank. The shifting of the river and
of the water; and (3) that the land where accretion takes place is
the siltation continued until 1968.
adjacent to the bank of a river

NARAWI 34. CUREG V.

INTERMEDIATE Said land (alluvial deposit) is subject to Art 457 of Civil Code.
APPELLATE COURT 177 The subject land is an alluvial
However, the increase in the area of land, being an accretion
SCRA 313 Art 457 Accretion deposit left by the northward
does not automatically become registered land just because the
movement of the Cagayan River
lot which receives such accretion is covered by a Torrens title.
Registration does not protect the riparian owner against the
OLIVEROS 35. VIAJAR V. COURT OF diminution of the area of his land through gradual changes in
APPEALS 168 SCRA 405 Viajar had Lot No. 7340 relocated
the course of the adjoining stream. Accretions which the banks
and found out that the property
of rivers may gradually receive from the effect of the current
was in the possession of Ricardo
Art 457 Accretion become the property of the owners of the banks (Art. 366 of the
Y. Ladrido. Consequently, she
Old Civil Code; Art. 457 of the New). Such accretions are
demanded its return but Ladrido
natural incidents to land bordering on running streams and the
refused.
provisions of the Civil Code in that respect are not affected by
the Registration Act.
ORIBE 36. VDA. DE NAZARENO V. Requisites of Land Accretion : (1) that the deposition of soil or
INTERMEDIATE sediment be gradual and imperceptible; (2) that it be the result
APPELLATE COURT 257 accretion, as a mode of
Article 457 of the action of the waters of the river (or sea); and (3) that the
SCRA 589 acquiring property
land where accretion takes place is adjacent to the banks of
rivers (or the sea coast).
PAGUIO 37. HEIRS OF NAVARRO V.
INTERMEDIATE Accretion as a mode of The disputed land is an
APPELLATE COURT 268 acquiring property; Art. 4 of accretion on a sea bank, or
Lacking the 3rd requisite of Accretion; Art. 457 only applies to
SCRA 74 the Spanish Law of Waters of on what used to be the
Art. 457 accretion on river bank and not to accretion on a sea bank
1866 - Accretion on a sea bank: foreshore of Manila Bay which
(Manila Bay).
land is part of the public adjoined petitioners' own tract of
domain land on the northern side.

PLAZA 38. REPUBLIC V. SANTOS,

III, G.R. NO. 160453, Land that had been formed
Article 457, Requisites for Land Accretion (KINDLY CITE THEM :) )
NOVEMBER 12, 2012 through accretion

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REYES 39. DACLISON V. BAYTION,
G.R. NO. 219811, APRIL 6,
2016

SALAZAR 40. HEIRS OF NARVASA, SR.

When property is registered in another’s name, an implied or
V. IMBORNAL, G.R. NO.
constructive trust is created by law in favor of the true owner.38
182908, AUGUST 6, 2014
Article 1456 of the Civil Code provides that a person acquiring
property through fraud becomes, by operation of law, a trustee
ofan implied trust for the benefit of the real owner of the
property. An action for reconveyance based on an implied trust
Homestead patent over a 31,367-
prescribes in ten (10) years, reckoned from the date of
sq. m. riparian land (Motherland)
Article 456, Article registration of the deed or the date ofissuance of the certificate
Accretion adjacent to the Cayanga
457 of title over the property,39 if the plaintiff is not in possession.
River in San Fabian,
However, if the plaintiff is in possession of the property, the
Pangasinan
action is imprescriptible.
Article 457 of the
Civil Code states the rule on accretion as follows: "[t]o the
owners of lands adjoining the banks of rivers belong the
accretion which they gradually receive from the effects of the
current of the waters."

RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING (ARTS. 482–483)

SALVACION 41. HEIRS OF TAPPA V.
HEIRS OF BACUD, G.R. NO. the rule that for an action to quiet title to prosper, two
187633, APRIL 4, 2016 indispensable requisites must concur, namely: (1) the plaintiff
or complainant has a legal or an equitable title to or interest in
Arts. 476-477 Remedies; Quieting of title the real property subject of the action; and (2) the deed, claim,
encumbrance or proceeding claimed to be casting cloud on his
title must be shown to be in fact invalid or inoperative despite
its prima facie appearance of validity or legal efficacy.

SANICO 42. SPOUSES GALANG V.

SPOUSES REYES, G.R. NO.
184746, AUGUST 15, 2012

SITCHON 43. GREEN ACRES A cloud on title consists of: (1) any instrument,
HOLDINGS, INC. V. record, claim, encumbrance or proceeding; (2)
CABRAL, G.R. NO. 175542 & which is apparently valid or effective; (3) but is in
183205, 5 JUNE 2013 truth and in fact invalid, ineffective, voidable, or
Action for Quieting of Title: unenforceable; and (4) may be prejudicial to the title
Parcel of land placed under
Arts. 476-477 When a Source of Cloud is
the coverage of PD 27
sought to be quieted. A DARAB decision is valid and
Susceptible, DARAB Decision effective. It is a final decision that has not been
reversed, vacated or nullified. It must be properly
impleaded in the DARAB proceedings, have a notice
of lis pendens annotated on the title to serve notice
that the subject property is under litigation.

000000 14
SUALIBIO 44. HEIRS OF POCDO V. property subject of the action; and (2) that there is a cloud on
Arts. 476-477 Quieting of title 1 hectare portion of property
AVILA, G.R. NO. 199146, 19 his title by reason of any instrument, record, deed, claim,

000000 15
 PROPERTY INVOLVED
APPLICABLE
CASE TOPIC (PLEASE WRITE DOCTRINE
LAW
DESCRIPTION)

RIGHTS OF EACH CO-OWNER

TABAO
That they will purchase
from the spanish
government the lands
Sale or Mortgage of comprising the island of
Art 403 of the Old it is a basic principle in the law of co-ownership both under the present
Common Property; cagbalite which is located
1. DEL BANCO V IAC Civil Code, now Art civil code as in the code of 1889 that no individual co-owner can claim
Undivided Property of within the boundaries of
497 of the NCC any definite portion thereof.
Common Heirs the municipality of
mauban, province of
tayabas (now quezon) and
has an approximate area of

TORREVILLA
S 2. HEIRS OF DELA A co-owner has a full ownership of his pro-indiviso share and has the
Rights of owners over a
ROSA V. Art. 493 right to alienate, assign or mortgage it, and substitute another person
co-owned property
BATONGBACAL for its enjoyment
TUVERA
Article 493 dictates that each one of the parties herein as co-owners
3 ARAMBULO VS Ownership of the co- with full ownership of their parts can sell their fully owned part. The
Art. 493 1,600 hectares;
NOLASCO owner sale by the petitioners of their parts shall not affect the full ownership
by the respondents of the part that belongs to them.
VILLENA
a 281 sqm. parcel of land
situated along Quezon Dismissal with prejudice (prejudice to the filing of another action)
Right of a Co-owner to Ave., Poblacion C, under Rule 17, Sec. 3 of the Rules of Court cannot defeat the right of a
4 QUINTOS V.
Article 494, par. 1 Ask for Partition at Any Camiling, Tarlac co-owner to ask for partition at any time under Art. 494, par. 1 of the
NICOLAS
Time (petitioners and respondent Civil Code, provided that there is no actual adjudication of ownership
spouses co-own the of shares yet.
property, 30-70)

ALMACEN 5 APIQUE V. The portions belonging to the co-owners in the co-ownership shall be
Art. 485 Share of Co-owners Joint Savings Account
FAHNENSTICH presumed equal, unless the contrary is proved.
AYUNAYUN
A co-owner may bring all kinds of action for the recovery of
6. CATEDRILLA V. Rights of co-owners to Lot 183 located in Mabini possession without the necessity of joining all the other co-owner as
Art. 487
LAURON bring an action Street, Lumbanao, Iloilo co-plaintiffs, because the suit is deemed to be instituted for the benefit
of all.

000000 16
 OBLIGATIONS OF EACH CO-OWNER
7. PARDELL V. Article 486 of the Obligations of Each Co- Vigan, Ilocos Sur; a lot in Limitations on co-owner’s right of use, in such a way as not to injure
BIAGTAN
BARTOLOME NCC Owner Magallanes Street, Vigan, the interest of the co-ownership.
EXTINGUISHMENT OF CO-OWNERSHIP
CAOILE Once the property is subdivided and distributed among the co-owners,
8. CARO V. CA Article 1620 the community has terminated and there is no reason to sustain any
right of legal redemption.
CATOLOS
A sale of the entire property by one co-owner without the consent of
the other co-owners is not null and void rather, it is only the rights of
the co-owner-seller are transferred, thereby making the buyer a co-
A 48,849-sq. m. lot co-
A co-owner is only owner of the property. The proper action in cases like this is not for
9.BAILON -CASILAO owned by the Bailon
Article 493 entitled to sell his the nullification of the sale or for the recovery of possession of the
V. CA siblings, each having 1/6
undivided share thing owned in common from the third person who substituted the co-
share.
owner or co-owners who alienated their shares, but the DIVISION of
the common property as if it continued to remain in the possession of
the co-owners who possessed and administered it.

CHAO

"no co-owner shall be

obliged to remain in the
co- ownership" and that
"each co-owner may
demand at any time the
If the co-heir or co-owner having possession of the hereditary or
partition of the thing
community property, holds the same in his own name, that is, under
owned in common, A piece of land was owned
10 ROQUE V claim of exclusive ownership, he may acquire the property by
insofar as his share is by a bachelor, Juanario
INTERMEDIATE Article 494 prescription if his possession meets all the other requirements of the
concerned." & 'no Avendano, who died
APPELLATE COURT law, and after the expiration of the prescriptive period, his co-heir or
prescription shall run in intestate.
co-owner may lose their right to demand partition, and their action
favor of a co-owner or
may then be held to have prescribed.
co-heir against his co-
owners or co-heirs so
long as he expressly or
impliedly recognizes the
co-ownership.

000000 17
CINCO
No prescription shall
run in favor of a co-
Lot. No. 7758 of the Possession by a co-owner will not be presumed to be adverse to the
owner or co-heir against
Talisay-Minglanilla Friar others, but will be held to benefit all. Being that Galileo was holding
his co-owners or co-
11. DELIMA V. CA Article 494 (5) Lands Estate in Cebu by the property in representation of the co-owners; he was therefore
heirs so long as he
sale on installments from acting as an administrator who took care of the property yet still
expressly or impliedly
the government. having the ultimate obligation to deliver the property to his co-owners.
recognized the co-
ownership.

DALAODAO
Any of the co-owners
may demand the sale of
the house and lot at any
No co-owner shall be obliged to remain in the co-ownership and that
Article Article 494, time and other cannot
each co-owner may demand at any time partition of the thing owned in
corollary to Art 498 object to such demand,
12. AGUILAR V CA House and lot in paranaque common insofar as his share is concerned. Corollary to this rule, Art.
of the Civil Code thereafter the proceeds
498 of the Code states tht whenever the thing is essentially indivisible
provides that of the sale shall be
and the co-owners cannot agree that it be allotted to others.
divided equally
according to their
respective interests.

DE GUZMAN
Even if a co-owner sells the whole property as his, the sale will
affect only his own share but not those of the other co-owners who
did not consent to the sale. Under Article 493 of the Civil Code, the
sale or other disposition affects only the seller's share pro indiviso,
Co-owner's sale of the and the transferee gets only what corresponds to his grantor's
whole property as his, share in the partition of the property owned in common. Since a
will affect only his own co-owner is entitled to sell his undivided share, a sale of the entire
13. TOMAS CLAUDIO It is a fundamental
property principlewithout
by one co-owner that co-owner cannotof
the consent acquire by co-
the other
Article 494 share but not those of parcel of land owners is not
V CA prescription thenull and
share ofvoid. However,
the other only the
co-owners, absentrights
anyofclear
the co-
the other co-owners owner/seller
repudiation of are transferred, thereby
the co-ownership. In ordermaking
that titlethe
maybuyer a co- in
prescribe
who did not consent to owner of the property. The proper action in a case like this, is not
favor of a co-owner, the following requisites must concur: (1) The co-
the sale for thehas
nullification
owner performedofunequivocal
the sale, oracts
for of
therepudiation
recovery of possession
amounting of
to an
the property owned in common from the third person, but for
ouster
division if the other co-owners;
or partition (2) Such
of the entire positive
property if itacts of repudiation
continued to remain
have
in thebeen made known
possession of thetoco-owners
the other co-owners;
who possessed and (3)and The evidence
thereof is clearitand convincing.
administered
A co-owner cannot
In the present case, Hilario did not have possession of the subject
acquire by prescription
Parcel of land located at property; neither did he exclude the petitioners from the use and the
DEAN the share of the other
14. ROBLES V. CA Kay Taga, Lagundi, enjoyment thereof, as they had indisputably shared in its fruits.
co-owners absent any
Morong, Rizal Likewise, his act of entering into a mortgage contract with the bank
CONDOMINIUM ACT (RA 4726) clear of repudiation of
cannot be construed to be a repudiation of the co-ownership. As
the co-ownership.
absolute owner of his undivided interest in the land, he had the right to
alienate his share, as he in fact did. Neither should his payment of land
taxes in his name, as agreed upon by the co-owners, be construed as a
repudiation of the co-ownership. The assertion that the declaration of
ownership was tantamount to repudiation was belied by the continued
occupation and possession of the disputed property by the petitioners
as owners.

000000 18
DELOS 15 LEVISTE
SANTOS MANAGEMENT Article 448 builders The rule on builders in good faith presuppose that the owner of the
SYSTEM, INC. V. in good faith and land and the builder are two distinct persons who are not bound either
LEGASPI TOWERS Article 546 by specific legislation on the subject property or by contract
200, INC
FERRIOL
Membership in Condominium Corporation. As owners of 220 unsold
Condominium unit and units and the parking slots and storage areas attached
16. LIM V MOLDEX Condominium Act
reckoning of its thereto, Moldex automatically became a member of Condocor since
LAND INC. Sections 2 and 10
boundaries they are the registered owners of said units and holders of certicate of
titles of said condominiums.

GARCIA Unit 2-C of T-Tower

The boundary of the unit granted are the interior surfaces of the
Condominium located at
17.POOLE-BLUDEN V. Condominium unit and perimeter walls, floors, ceilings, windows and doors thereof. The
Condominium Act Makati City. Measured at
UNIONBANK OF THE reckoning of its following are not part of the unit bearing walls, columns, floors, roofs,
Section 6(a) 95sqm inclusive of
PHILIPPINES boundaries foundations and other common structural elements of the building;
common areas but was not
lobbies, stairways, hallways, and other areas of common use
stated in contract

WATERS: PRESIDENTIAL DECREE 1067 (THE WATER CODE OF THE PHILIPPINES

HURTADO 18.SPOUSES ERMINIO
V. GOLDEN VILLAGE
HOMEOWNERS
ASSOCIATION
IBAÑEZ
Assailed Ordinance for
19. CITY OF The Water Code governs the ownership, appropriation, utilization,
construction of
BATANGAS VS. P.D. 1067 (The Water exploitation, development, conservation and protection of water
desalination plants to
PHILIPPINE SHELL Code of the Malampaya Field resources. Under Article 3 thereof, water resources are placed under
facilitate use of
PETROLEUM Philippines) the control and regulation of the government through the National
seawater as coolant for
CORPORATION Water Resources Council, now the NWRB.
industrial facilities

JAMIG
Installation of a deep well
that would supply the water
20. FIRST MEGA The drilling of a well Where extraction of ground water is sought a permit to drill must first
P.D. 1067 (The Water resources requirements of
HOLDINGS CORP. V. and appropriation of be secured from the NWRB, however, before a permit to drill is
Code of the its gasoline station and
GUIGUINTO WATER water without the issued, the NWRB shall conduct a field investigation to determine any
Philippines) commercial complex in
DISTRICT necessary permits. adverse effect that may be caused to public or private interests.
Barangay
Malis, Guiguinto, Bulacan.

000000 19
JERUSALEM
Sec. 2, Art. XII of the
(1) Foreign ownership of a hydropower facility is not prohibited under
1987 Constitution and Privitization of Angat
Angat Hydro- existing laws.
21 IDEALS V. PSALM P.D. 1067 (The Water Hydro-Electric Power
Electric Power Plant (2) Lessees or transferees of water rights must comply with the
Code of the Plant
citizenship requirement imposed by the Water Code and its IRR.
Philippines)

LAMORENA
Complaint for accion
publiciana with
damages against
respondents for
Shanties built and situated
allegedly building their
on the sloping area down
22. PILAR P.D. 1067 (The Water shanties, without its
and leading towards the The strip shall be preserved and shall not be subject to subsequent
DEVELOPMENT Code of the knowledge and consent,
Mahabang Ilog Creek, and subdivision. It forms part of Public Dominion
CORP. V. DUMADAG Philippines) in its 5,613-square-
within 3-meter legal
meter property located
easement
at Daisy Road, Phase V,
Pilar Village
Subdivision, Almanza,
La Piñas City

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