PROPERTY

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PROPERTY- an object or a right which is appropriated or susceptible of appropriation by man, with capacity to satisfy human wants and needs. CLASSIFICATION OF PROPERTY (SANDO DED CMC) 1. Susceptibility of Substitution. Fungible or Nonfungible 2. Alienability. Within the commerce of man or Outside the Commerce of Man. 3. Nature. Real, Personal or Mixed 4. Divisibility. Divisible or Indivisible 5. Ownership. Public or Private 6. Dependence or Importance. Principal or Accessory 7. Existence. Existing or Future 8. Definiteness or Designation. Generic or Specific 9. Consumability. Consumable or Non-Consumable 10. Materiality. Corporeal/Tangible or Incorporeal/Intangible 11. Custody or Court or Free. In custodia legis or Free. REQUISITES/CHARACTERISTICS OF PROPERTY. (USA) 1. Utility- the capacity to satisfy some moral or economic human wants. 2. Substantivity or Individuality- the quality of having existence apart from any other thing. 3. Appropriability- susceptibility of being possessed by men. CLASSIFICATION OF IMMOVABLE PROPERTY. (NIDA) 1. Nature- Cannot be moved from place to place because of their nature. a. Land, Buildings, roads and constructions of all kinds adhered to the soil. (415.1) b. Mines, Quarries and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant. (415.8) Jurisprudence: a. Bicarro vs. Teneza: “Once a house is demolished, its character as an immovable ceases.” b. Leung Yee vs. Strong Machinery Co.: “The building of strong materials in which the ricecleaning machinery was installed by the "Compañia Agricola Filipina" was real property, and the mere fact that the parties seem to have dealt with it separate and apart from the land on which it stood in no wise changed its character as real property. It follows that neither the original registry in the chattel mortgage of the building and the machinery installed therein, nor the annotation in that registry of the sale of the mortgaged property, had any effect whatever so far as the building was concerned.” c. Standard Oil Co. of New York vs. Jaramillo- The parties to a contract of chattel mortgage may by agreement treat as personal property that which by nature would be real property, such as leasehold rights and building. d. Evangelista vs. Alto Surety & Insurance Co.- “Intention to treat as personal property not binding to third persons, but only to contracting parties.” e. Makati Leasing & Finance Corp. vs. Wearever Textile Mills, Inc.-“The law makes no distinction as to the ownership of land on which the house is built.” f. Davao Sawmill Co., Inc. vs. Castillo- “A mortgaged house built on a rented land is personal property not only because the deed of mortgage considered it as such, but also because it did not form part of the land for it is now well-settled that an object placed on land by one who has only a temporary right to the same such as the lessee or usufructuary, does not become immobilized by attachment.”

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g. Tumalad vs. Vicencio- “Statements by the owner declaring his house to be a chattel is a conduct that may conceivably estop him from subsequently claiming otherwise. (Ladera vs. C.N. Hodges. Although there is no specific statement referring to the subject house as personal property, yet by ceding, selling or transferring a property by way of chattel mortgage defendantsappellants could only have meant to convey the house as chattel, or at least, intended to treat the same as such, so that they should not now be allowed to make an inconsistent stand by claiming otherwise.” 2. Incorporation-essentially movables but attached to an immovable that it becomes an integral part of it. (TESA) a. Trees, plants & growing fruits adhered to the soil. (415.2) b. Everything attached to an immovable in a fixed manner that it will break or deteriorate if separated. (415.3) c. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach them permanently to the immovable is revealed. (Only the owner or agent should place them. 415.4 d. Animal houses if intended by the owner to become permanently attached to the immovable. (415.6) Jurisprudence: a. Lavarro vs. Labitoria- “Since trees and plants annexes to the lands are parts thereof, unless rights or interests in such trees or plants are claimed in the registration proceedings by others, they become the property of the persons to whom the land is adjudicated.” b. Sibal vs. Valdez- “For purposes of attachment, execution and the chattel mortgage law, growing crops or fruits or ungathered products or fruits have the nature of personal property.” c. Uprooted timber still part of the timber land according to Manresa. 3. Destination- movables but purpose is to partake of an integral part of an immovable for the utility it gives to the activity carried thereon. a. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach them permanently to the immovable is revealed. (Only the owner or agent should place them. 415.4 b. Machinery, receptacles, or instruments placed by owner of the tenement or his agent and tend directly to meet the needs of such works/industry. (415.5) c. Animal houses if intended by the owner to become permanently attached to the immovable. (415.6) d. Fertilizer actually used on a piece of land. (415.7) 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. (415.9) Jurisprudence: a. Davao Sawmill vs. Castillo- “Machinery which is movable in its nature only becomes immobilized when placed in a plant by the owner of the property or the plant. But not when so placed by the tenant, a usufructuary or any person having only a temporary right, unless such person acted as the agent of the owner.” b. Burgos, Sr. vs. Chief of Staff- “Machinery, though in fact bolted to the ground, remains movable property susceptible to seizure under a search warrant, where its owner is not the owner of the land and/or building on which it was placed.”

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c. Mindanao Bus Co. vs. City Assessor and Treasurer- “A transportation business is not carried on in a building or on a specified land. Hence, equipment destined only to repair or service a transportation business may not be deemed real property.” d. Berkenkotter vs. Cu Unjieng-“Movable equipment to be immobilized must first be essential and principal elements of an industry or works without which, such industry or works would be unable to function or carry on the industrial purpose for which it was established.” -“Improvements must be in a permanent nature and essential to the industry or works.” e. Board of Assessment Appeals vs. Manila Electric Co. – “Poles and steel supports or towers of Meralco are not real property. They do not constitute buildings or constructions adhered to the soil. They are merely attached to a square metal frame by means of bolts, could easily be dismantled and moved from place to place. They are not attached to an immovable in a fixed manner and they can be separated. They are not machineries, but even if they are, they are not intended for industry or works on the land in which they are constructed.” f. Standard Oil Co. of New York vs. Jaramillo- “It is a familiar phenomenon to see things as real property for purposes of taxation which on general principles might be considered personal property.” g. Rubiso vs. Rivera- “Vessels are essentially movable but they partake to a certain extent of the nature and conditions of real property due to their value or importance.” 4. Analogy/Law- united to the immovable property by express provision of law. --Contracts for public works, and servitudes and other real rights over immovable property. (415.10) MOVABLE PROPERTY (SIFTOS) 1. Susceptible of appropriation that are not included in Art. 415. 2. Immovable that is designated as movable by special provision of law. 3. Forces of nature brought under control by science. 4. Things which can be transported from place to place without impairment of the real property where they are fixed. 5. Obligations and actions which involve demandable sums. 6. Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. *** Other Incorporeal property: Copyrights, Patents, Trademarks etc. TESTS TO DETERMINE WHETHER PROPERTY IS MOVABLE. 1. Rule of Exclusion- not included in ART. 415. 2. Rule of Description- if the property can be transported from one place to another, and no injury would be suffered by it, then it is personal property, unless expressly included in Art. 415. Jurisprudence: 1. Involuntary Solvency of Strochecker vs. Ramirez- “½ Interest in Business is movable is movable” 2. Sibal vs. Valdez- “Growing crops or ungathered products raised by labor and cultivation are considered personal property. The existence of a right on the growing crops is a mobilization by anticipation.” [The Chattel Mortgage Law considers them also personal property] 3. US vs. Carlos- “The true test of what is a proper subject of theft seems to be not whether the subject is corporeal or incorporeal but whether it is capable of appropriation by another than the owner. Electricity, the same as gas is a valuable article of merchandise, bought and sold like other personal property and is capable of appropriation by another.”

(420/424) Characteristics: 1. b.” 5. Property belonging to private persons. in general. “rivers” is a composite term which includes the running waters. cannot be acquired by private individual through prescription 3. outside the commerce of men-cannot be alienated or leased or be the subject of any contract. They may be an object of an ordinary contract. Rabuco vs. 4. provinces. the bed and the banks.“Although Art. Santos vs. A foreshore land is that strip of land that lies between the high and low water marks and is alternatively wet and dry according to the flow of the tide.“A lot on which stairways were built for the use of the people as passageway to the highway is a property intended for public use. CLASSIFICATION OF PROPERTY ACCORDING TO OWNERSHIP. Non-Consumable 2.if it can be substituted by another thing of the same kind.Villegas. Republic vs.” 3. 4. Kinds: a.outside the commerce of men. According to Nature. Patrimonial property of State. cities & municipalities.“A court has no jurisdiction to award foreshore land to any private person or entity. Sarmiento. 1. not subject to attachment or execution. property of public dominion when no longer intended for public use/service (422) NOTE: Patrimonial Properties may be acquired by private individuals or corporations through prescription. can be used by everybody. (420) 4 2. 6. 5.PROPERTY CLASSIFICATION OF MOVABLE PROPERTY. Public Dominion.individually or collectively. Manalo. 1.“Property is presumed to be State property in the absence of any showing to the contrary. cannot be registered under the Land Registration Law. intended for public service of state. b. c. Fungible. They are neither public nor private.if not replaceable in such equivalents. provinces. 420(1) speaks of only rivers and banks.cannot be utilized without being consumed. 2.” . a. Non-Fungible. quantity and quality. Binalay vs. B. According to the intention or purpose of the parties. ii. Moreno. cannot be burdened by voluntary easement. JURISPRUDENCE: 1. a. exists for attaining the economic ends of the State. for the development of national wealth. Private OwnershipA. Consumable. 2. Villearico vs. CA. (425) NOTE: Sacred and religious objects are considered outside the commerce of men.“Canals constructed on private lands of private ownership but the owner loses his proprietary right over said canal through prescription by allowing the public to use it for transportation and fishing purposes. intended for public use (420) b. cities and municipalities (424) i.

school sites and its grounds. Laurel vs. It was held that all the properties in question except the two lots used as High School playgrounds could be considered as patrimonial properties of the Zamboanga Province. did not convert the land into a property of the municipality. Property for Public Use (provincial roads. It remains property for public use or service. however be a prescription in favor of the Municipality where the land has been used for purposes distinctly public.” “Civil Code Classification is without prejudice to provisions of special laws. Local Government cannot withdraw a public street for public use.“Political subdivisions have no authority whatsoever to control or regulate the use of public property unless specific authority is vested upon them by the Congress. Bercilles.” 4.” 7. promenades and public works) 2.. City of Zamboanga. Jarencio. The ownership of the State of the property becomes patrimonial. Patrimonial Property Jurisprudence: 1. “Buildings follow classification of public lands on which they are built. is held in trust for the State and subject to its paramount power. Province of Zamboanga Del Norte vs. Salas vs. RA 3039 is valid insofar as it affects the lots used as capitol site.“Roppongi property which was acquired by the Philippines under the Reparation Agreement entered into with Japan is of public dominion unless it is convincingly shown that the property has become patrimonial. city/municipal streets. unless it has been granted such authority by law.“A municipality which permitted erection of private houses on a land upon which was built a stone fort which had not been used for many years for the purpose for which it was contructed.“A city council which closed a portion of a street and authorized its sale to the highest bidder has such power. such as for the municipal court house.” 9.” PROPERTY OF POLITICAL SUBDIVISIONS.” “Registration cannot convert public property to private property. Assistio Jr.“A lot registered in the name of the City of Manila which was converted by law as disposable or alienable land of the State is not patrimonial absent any evidence in contrary. regardless of the source or classification in the possession of a municipality excepting those acquired with its own funds in its private or corporate capacity. Diokno. There could.” 8. A property continues to be part of the public domain until there is a formal declaration on the part of the government to withdraw it from being such. hospital and leprosarium sites and the highschool playground sites since they were held by the former Zamboanga province in its governmental capacity and therefore subject to absolute control of Congress. Abandonment cannot be inferred from non-use. 3. Director of Lands. or public market. The fortress may not have been used for many years for the purposes for which it was intended. for purposes of ascertaining the control of Congress. Garcia. Capitulo vs. public waters.“It does not matter if property intended for public use is not actually devoted for public use. for such public works must be for free and indiscriminate use by anyone. Municipality of Hinunangan vs. – “Public streets or thoroughfares may not be leased or licensed to market stallholders by virtue of a city ordinance or resolution.PROPERTY 5 6. Even the capitol site. public school. 1. . Dacanay vs. Macasiano vs. It is property belonging to the State and intended for some public service. They would fall under the phrase ‘public works for public service’. The issue in this case is whether the properties are for public use or patrimonial property. Aquino. but this does not deprive the State ownership of therein. The property. the hospital and leprosarium sites and the school sites will be considered patrimonial for they are not for public use. A withdrawn property can be the object of ordinary contract. squares. Cebu Oxygen & Acetylene Co. vs.” 2.“Properties belonging to Zamboanga DN were transferred under RA 3039 free of charge in favor of Zamboanga City. Inc.

Powers may be reduced and thereafter automatically recovered upon the cessation of the limiting rights. therefore it is of public domain. enjoyment.“The fact that a road has been kept in repair by a private enterprise and the government has not contributed to the cost of its construction or maintenance. mortgages. It cannot be extinguished by non-user but only by adverse possession. 1360 of the reclaimed land to the City of Manila is a grant of a public nature. taxation) 2. KINDS OF OWNERSHIP 1.” “An intention to devote property to public use is sufficient to make property of public domain. -Ownership may be exercised over a thing or a right (427) TITLE..It exists without necessity of any other right 5. CA. General limitations imposed by the state. without prejudice to the provisions of the law. Limitations imposed by the party transmitting the property. Such grants have always been strictly construed against the grantee. Naked Ownership. State of Necessity (432) 8. Manila Lodge No. easements) 3. Cuaycong vs. (eminent domain. Limitations imposed by the owner himself.(contiguity of property) 6. (voluntary servitude. pledges) 5. (Naked Ownership + Usufruct = Full Ownership) 3. Perpetuity. General. plurality of subjects. Co-Ownership/Tenancy in Common. 2. Independence.includes all the rights of the owner. LIMITATIONS 1.ownership is vested in two or more owners. Elastic.” 6.there can only be one ownership over a thing at a time. 4.“The grant made by Act No. unity of the property. contract) 4. Specific limitations imposed by law.[425] OWNERSHIP.ownership is vested only in one person 4. tends strongly to support the contention that it is a private way or privately owned by the enterprise. except those attached to other real rights existing thereon.” “Executive or legislative declaration is necessary to convert property of public domain into patrimonial. 3.ownership lasts as long as the thing exists. police power. Exclusive.the right to make use of all the possibilities or utility of the thing owned.”.It is the independent and general right of a person to control a thing particularly in his possession. Owner cannot make use of thing which shall prejudice 3rd persons.where the right to the use and the fruits has been denied. (will. And the mere fact that a tract of land has been used for a long time as a road will not alone warrant the presumption that it has been dedicated to the public. 2. (431) 7. There may be two or more owners but only one ownership.PROPERTY 6 5. Benedicto. Inherent limitations arising from conflict with other rights.is that which constitutes a just cause of exclusive possession or which is the foundation of ownership of property. subject to no restrictions except those imposed by the State or private persons. True Owner must resort to Judicial Process (433) SEVEN RIGHTS OF OWNERSHIP (AADF PUV) . Sole Ownership. (servitudes. CHARACTERISTICS OF OWNERSHIP (EGEIP) 1. 761 v. Full Ownership. disposition and recovery. the same having been made to a local political subdivision.

PROPERTY
1. Jus Abutendi- Right to consume the thing by its use 2. Jus Accessiones- Right to accessories 3. Jus Disponendi-Right to dispose 4. Jus Fruendi- Right to fruits 5. Jus Possidendi- Right to possess 6. Jus Utendi- Right to enjoy 7. Jus Vindicandi- Right to exclude others from possession of the thing

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Jurisprudence: 1. Roxas vs. CA- “Right to use not necessarily included in right to possess, as in contract of deposit, since a bailee only holds the property in trust.” 2. Jabon vs. Alo- “A judgment of ownership may not include possession, which may be in the hands of a lessee.” 3. Republic vs. Baylosis- “The Right to dispose includes the right not to dispose” ACTIONS FOR POSSESSION 1. Movable- Replevin (return of a movable) Note: A machinery and equipment used for an industry and indispensable for the carrying of such industry, cannot be the subject of replevin, because they are real properties. *** Calub vs. CA- A property that is validly deposited in custodia legis cannot be the subject of a replevin suit. 2. Immovable a. Accion Interdictal i. Forcible Entry- used by a person deprived of possession through: force, intimidation, strategy, threat or stealth (FISTS) (issue: de facto or physical possession not juridical, must recover within one year from unlawful deprivation, or from discovery in case of stealth or strategy. Summary proceeding) ii. Unlawful Detainer- used by a lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, must recover within 1 year from unlawful deprivation; date of last demand or last letter of demand); summary proceeding. b. Accion Publiciana- plenary action to recover the better right of possession; must be brought within a period of 10 years, otherwise the real right of possession is lost; issue is possession de jure; ordinary civil proceeding. c. Accion Reinvindicatoria- recovery of dominion of property as owner. *** Sarmiento vs. CA- “Where the facts averred in the complaint reveals that the action is neither one of forcible entry nor unlawful detainer but essentially involves a boundary dispute, the same must be resolved in accion reinvindicatoria. PRINCIPLE OF SELF-HELP (429) - Use of reasonable force to repel or prevent an actual or threatened unlawful physical invasion or usurpation of property.

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*** German Management & Services vs. CA: “It can only be exercised at the time of an actual or threatened dispossession.” *** May be exercised by a 3rd Person- Negotiorum Gestio ELEMENTS OF SELF-HELP 1. Person exercising rights is the lawful owner or possessor. 2. Can only be exercised at the time of an actual or threatened dispossession. 3. Use of force may be reasonably necessary to repel or prevent it. - May be liable for excess force. Art. 430- Right to enclose or fence w/o detriment to servitudes Art. 431-Obligation to respect rights of others STATE OF NECESSITY (432) - Principle which authorizes the destruction of a property which is lesser in value to avert the danger poised to another property the value of which is much greater. ** COMPARATIVE DANGER: Danger must be greater than the damage to property. Must consider the economic and sentimental value of the property. ** The owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his reimbursement by all those who benefited. ** In case of conflict between the exercise of the right of self-help and a proper and licit state of necessity, the latter prevails because there is no unlawful aggression when a person or a group of persons acts pursuant to the right given in a state of necessity. Art. 433- Possessor has disputable presumption of ownership. Judicial Process. Art. 434- Person claiming a right must prove: (a) That he has a better title to the property and (b) Identity of the property -One must depend on the strength of his title and not on the weakness of the defense. Evidence to Prove Ownership. 1. Torrens Title. 2. Title from Spanish Government 3. Patent Duly registered in the Registry of Property by the grantee. 4. Deed of Sale 5. Operating a Business for nine years in defendant’s own name representing himself to the public to be the owner and the plaintiff never made any protest or objection. (Florida vs. Yearby) 6. Occupation of a building for a long time by a party without paying rent (Gatdula vs. Santos) 7. A letter in which defendant recognized the ownership of parcels of land for a long time attested not only by witnesses but also by declaration of properties, payment of taxes and a deed of mortgage executed by the possessor’s predecessors-in-interest as owners of the property. (Alano vs. Ignacio) Additional Jurisprudence: 1. Calicdan vs. Cendaña- “A deed of donation inter vivos, albeit void for having been executed by one who was not the owner of the property donated, may still be used to show the exclusive and adverse character of the donee’s possession.” 2. Heirs of S. Maningning vs. CA- “While a verbal donation under which the donee and his predecessors-in-interest have been in possession of the lands in question is not effective as a transfer of title, still it is a circumstance which may explain the adverse and exclusive character of the possession.”

PROPERTY
Art. 435- Condemnation or Seizure in the exercise of Power of Eminent Domain. Art. 436- Condemnation or Seizure in the exercise of Police Power. Art. 437- Surface Rights and everything under of a Landowner. Concept of Hidden Treasure (439) 1. Consists of money, jewels or other precious objects. 2. Hidden and unknown 3. Owner is unknown

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Right to Hidden Treasure (438) 1. Finder is the same as owner of the property- treasure totally belongs to him. 2. Finder is 3rd person and he discovered it by chance- finder is entitled to ½ of the value of the treasure 3. Finder is an intruder- he is not entitled to anything 4. Finder is given an express permission from the owner- subject to the contract of service and principle of unjust enrichment RIGHT OF ACCESSION - The right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto either naturally or artificially. (440) TWO KINDS OF ACCESSION 1. Accession Discreta - refers to the right over the fruits or products of a thing. 2. Accession Continua- accession things which have been incorporated or attached to a thing. ACCESSION DISCRETA General rule: The owner of the land owns the fruits. Exceptions: (PULA) 1. Possessor in Good Faith of the land. 2. Usufructuary 3. Lessee gets the fruits of the land 4. Antichretic creditor. Fruits apply to interest first if owing and then to principal. NATURAL FRUITS- spontaneous products of the soil and the young of animals INDUSTRIAL FRUITS- those produced by lands of any kind through cultivation or labor CIVIL FRUITS- rents of buildings, the price of lease of lands and other property and the amount of perpetual or life annuities or other similar income. (441/442) PRINCIPLES ON ACCESSION CONTINUA (GONE BAD) 1. He who is in Good Faith may be held responsible but will not be penalized. 2. To the owner of a thing belongs the extension or increase of such thing. 3. Bad faith of one party neutralizes the bad faith of the other. 4. There should be no unjust enrichment at the expense of others. 5. Bad Faith involves liability for damages. 6. Accessory follows the principal. 7. Accession exists only if the incorporation is such that separation would either seriously damage the thing or diminish its value. Art. 443. Obligation of recipient of fruits to reimburse necessary expenses of 3rd person. OBLIGATIONS

This is also in accord with the maxim “pratus sequitor ventrem”(The offspring follows the mother) 445-456. 455. or LO and OM in Bad Faith LO OM Becomes owner of the materials but must pay 1. 452. 450-Alternative Rights of owner of the land where BPS in BF Art. gathering & preservation Planter Reimbursed for expenses for production. Entitled to removal provided there is no EXCEPTION: When they can be removed substantial injury .Applicability of 447 when LO in BF and BPS in GF Art. (447) 1. LO and OM in Good Faith. 448-Table B Art.PROPERTY 1. Art. RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY. 451-Entitlement to Damages Art. Or 2. the owner of the female was considered to be the owner of the young unless there is a contrary custom or speculation. Gathered Fruits Planter in GF Planter in BF Planter Keeps fruits Reimbursed for expenses for production. No right to be reimbursed Owner No necessity to reimburse the planter of expenses since he retains the fruits Gets Fruits.GF may co-exist with negligence A. as well as its mother belong to the owner of the latter. pay planter expenses 10 2. not remove them. 453. 444. Caballero). The legal presumption. 456. When Natural Fruits and Industrial Fruits Deemed to Exist. Standing Crops Planter in GF Planter in BF Owner Owns fruits provided he pays planter expenses (forced coownership) Owns Fruits Art. by the right of accretion. (US vs. 454. Art. gathering & preservation Loses Everything.LO. who own the offspring? Under the Partidas. in the absence of proof to the contary. BPS and OM different persons Art.Both LO and BPS in BF Art. 447-Table A Art.Right to Reimbursement for necessary expenses Art. When Male and Female belong to different owners. Entitled to reimbursement provided he does for their value. is that the calf. RULES WHEN LAND OWNER (LO) CONSTRUCTS OR PLANTS ON HIS LAND WITH MATERIALS OF ANOTHER (OM). 446-Improvements presumed made by owner. 449-BPS in bad faith Art.

(448) EXAMPLE: A HOUSE WAS BUILT ON THE LAND. If builder pays. Owner of entitled to damages RIGHT OF 11 Owner of the Materials 2. Right of retention until reimbursed. 2. Compel the builder to buy the land upon which the building was built.PROPERTY without destruction to the work made or to the plants. LO in Bad Faith. (Absolute Materials would still be 3. Appropriate house after payment of indemnity OR 2. Necessary Expenses. 1. LO and BPS in Good Faith. OM in Bad Faith LO Exempted from Reimbursement and entitled to damages OM No Right! B. RULES WHEN A 3RD PERSON BUILDS. Useful Expenses. Right of retention 2. in such case the owner of material may removed them. Right to payment of indemnity: a. SOWS OR PLANTS (BPS) ON LANDOWNER’S (LO) LAND. or LO and BPS in Bad Faith LO Has a choice either to: 1. and if his successor in . Entitled to ABSOLUTE for their value plus damages. LO in Good Faith. REMOVAL plus damages OR EXCEPTION: When decides to remove destruction would Removal). b. unless the value of the land be considerably more than the value of the house—in such case builder pays rent. OM in Good Faith LO OM Becomes owner of the materials but must pay 1. Entitled to reimbursement plus damages in them whether or not case he chooses not to remove be caused. he has no right of BPS 1. May remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby.

Demolish what has been built. agent. (Balucaneg vs. REMOVAL plus damages OR EXCEPTION: When decides to remove destruction would Removal). 12 2. LO in Bad Faith. Consider price of land as an ordinary money debt of the builder. ART. Compel the BPS to pay the price of the land. and the sower the proper rent whether or not the value of the land is considerably more than the value of the house PLUS damages.PROPERTY retention and LO is entitled to remove possession does not prefer to refund the improvement. LO in Good Faith. BPS in Bad Faith LO 1. LO is entitled to damages. Demand demolition of the work. amount expended. not knowing that the crops will no longer belong to him. sown or planted. SOWS) DOES NOT APPLY WHEN: 1. he knows that the land is not his. The BPS does not claim ownership over the land but possesses it as mere holder. Entitled to reimbursement plus damages (in them whether or not case he chooses not to remove) be caused. nevertheless still sows. Gets the accessory without paying any indemnity. BPS in Good Faith LO BPS Becomes owner of the materials but must pay 1. BPS 1. Owner of entitled to damages RIGHT OF Owner of the Materials 2.Entitled to reimbursement for necessary expenses of preservation of land 3. (Ignacio vs. but must pay necessary expenses for preservation of the land. Therefore he may enforce payment thru an ordinary action for recovery of a money debt (levy and execution). Entitled to ABSOLUTE for their value plus damages. pay rents 2. Francisco) Exception: if a tenant whose lease is about to expire. Leave things as they are and assume relation of lessor and lessee. planted or sown without right to indemnity. Loses what is built. 2. (Absolute Materials would still be Remedies if option exercised by the Landowner was compulsory selling and Builder fails to pay: 1. 448 (3RD PERSON PLANTS. usufructuary or tenant. BUILDS. . Liability for damages 3. 2. Hilario) 3. or that the planting or sowing be removed at the BPS’s expense PLUS damages 3.

Ballatan vs.he is entitled to reimbursement from the builder principally since it was the builder who first made use of the materials. Depra vs. and then sells the land but not the building to another. As between OM and BPS. if he makes use of the materials. Dumlao. good faith must govern. The builder is a belligerent occupant.“The right to choose between appropriating the improvement or selling the land is given to the owner of the land and not the court. the landowner cannot compel the builder to buy the land.Loses all rights to be indemnified. LO in Good Faith 1. He can be compelled to remove the building. The new owner will thus not be required to pay any indemnity for the building. An order by a court compelling a builder in good faith to remove his building from a land belonging to another who chooses neither to pay for such building nor sell the land is null and void for being offensive to Art. *** 448 applies only when BPS is in GF. CA. He can even be liable for consequential damages if the materials are of inferior quality. BF. moreover: a.” 3.” . Rights of LO and BPS the same as preceding tables. airfield/campsite) *** When Landowner sells land to a 3rd person who is in Bad faith.PROPERTY 13 2. GF. the builder may still file a case against him but the 3 rd person may file a 3rd party complaint against the landowner. 2. without payment of any indemnity for useful or necessary expenses for the building but with indemnity for the necessary expenses for the preservation of the land. BPS must reimburse OM but in case BPS cannot pay LO will not be subsidiarily liable because as to him OM is in Bad faith. Rights of OM: a. i. the builder must go against him. BPS and OM) 1. c. he cannot refuse to exercise their option and compel the builder to remove or demolish the improvement. (buildings use is temporary. b. but when the 3rd person paid the landowner. Jurisprudence: 1. Sarmiento vs. In case of insolvency on the part of the builder the LO is subsidiarily liable. A person constructs a building on his own land. Compel the builder to pay the price of the land whether the land is considerably more valuable than the building or not. the portion of the land used is awarded to another co-owner. Regalado) 4. even if later on. during the partition. 448” 2. *** Landowner’s alternative right against a SOWER is to demand proper rent. Where the land’s value is considerably more than the improvement. Agana.e. Rule when OM and BPS in Bad faith.“Owner of the land on which an improvement was built by another in good faith is entitled to removal of the improvement only after the landowner has opted to sell the land and the builder refused to pay for the same. there could be no question of good faith or bad faith on the part of the builder. (Coleongco vs. LO can ask damages from both.“The landowner on which a building has been constructed in good faith by another has the option to buy the building or sell his land to the builder. The BPS is a co-owner. He may appropriate what has been built as his own. b. 2. a forced lease is created and the court shall fix the terms thereof in case the parties disagree thereon. In such event. 3. Rule when three parties are involved: (LO. Demand the demolition of the house at builder’s expense.

” 9.“A co-owner is not a 3rd Person with respect to the land owned in common for it cannot be said that it exclusively belongs to another but of which he is a co-owner.“When Manila Railroad Co. hence there is no other recourse for him but to vacate the premises and deliver the same to the landowner.“Offsetting necessary and useful expenses with the fruits received by the builder-possessor in good faith is not allowed.” 10. 3. Paredes. if the co-ownership is terminated by partition and it appears that the house of the defendant (a former co-owner) overlaps or occupies a portion of the land pertaining to the plaintiff (another former co-owner) which the defendant build in good faith. Manotok Realty.“Parties may agree that Art. Del Ocampo vs.” ALLUVIUM .are owners of lands adjoining the banks or rivers..” 6.is the process whereby the soil is deposited ESSENTIAL ELEMENTS OF ALLUVIUM (AGA) 1. Littoral Owners. the owner was deemed to have waived his right to recover possession of his property and the construction thereon. Sps. built its track on a land without any opposition from the owner who merely stood by. Community Sawmill Co.soil imperceptibly and gradually deposited on lands adjoining the banks of rivers caused by the current of water. Nuguid vs. Jurisprudence: . CA.“Where the improvements have been destroyed by a fortuitous event without the fault of the landowner. 448 and 546 are applicable and indemnity for the improvements may be paid although they differ as to the basis of the indemnity. and in case it exceeds the value of the indemnity.PROPERTY 14 4. Obesia. Inc. the excess shall be returned to the owner of the land. vs. Calapan Lumber Co. Manila Railroad Co. The land where accretion takes place is ADJACENT to the banks of river. then Art. CA. However. Deguzman. is NOT guilty of negligence and his violation of the contract of sale or instalment may not be the basis to negate the presumption of good faith as such violation has no bearing on his state of mid at the time he built the improvements. 2. honestly believing that the said lot was what he brought from the seller. Hence.” 7. His only remedy would be to recover damages for the value of the property taken considering that the corporation merely exercised its power of eminent domain as authorized by law. 448 should apply even when there was a co-ownership. The builder may however be entitled to the cost of construction with interest upon securing authorization of proper authorities or designate such road a toll road to raise the funds necessary to reimburse the company. vs. vs. Result of the ACTION of the waters of the river.” 8.owners of lands bordering the shore of the sea or lake or other tidal waves. Mendoza vs. Deposit of soil and sediment be GRADUAL and imperceptible.” 5. the BPS cannot exactly be considered a possessor in good faith. Pecson vs.” 11. Tecson. CA. whatever fruits he receives during the pendency of retention must be deducted from whatever indemnity is due to him. ACCRETION .“A lot buyer who constructs improvements on the wrong property erroneously delivered by the owner’s agent.“Once the owner elects to appropriate the improvements. Riparian Owners. Pleasantville Development Corporation vs.“The right of retention of a builder in good faith until payment of the proper indemnity does not apply to property of public domain. the basis for the builder’s right to retain the premises is extinguished.

and therefore registrable under the Torrens System. IAC.” 3. There must be a definite abandonment by the government 5. cannot be considered part of the bed or basin of the bay nor as foreshore lands. 2. creek or torrent and transferred to another estate. Right of Owner of Land Occupied by New River Course 1. Reynante vs. Until a formal declaration on the part of the government through the executive or legislative. Ignacio vs. CA.” 6. owners do not acquire land left dry. The segregation and transfer must be caused by the current of a river. [459] Art. Portion of Land must be known or identifiable *** The former owner preserves his ownership of the segregated portion provided he removes (not merely claims) the portion within 2 years. not due to tidal action. 2.“A sudden and forceful action like that of flooding is not the alluvial process contemplated under Art. The changing of the course must be more or less permanent and not temporary overflooding another’s land. but due to rain.” 2.Estates adjoining ponds or lagoons.” 4. creek.“An alluvion. just because the lot which receives such accretion is covered by a Torrens title. or torrent. 461. [459] Elements of Avulsion: 1. Binalay vs. for public use. they continue to be part of the public domain. Right to old bed ipso facto in proportion to area lost. 457 is automatically owned by the riparian owner from the moment the soil deposit can be seen. to the effect that such lands are no longer needed for coast guard service. Viajar vs. 3. Change must be sudden in order that the old river bed may be identified.PROPERTY 15 1. Director of Lands. thereby making the alluvial property imprescriptible. The change must be a natural one. a mere indentation of the same.“Alluvial deposit acquired by a riparian owner of registered land by accretion may be subjected to acquisition through prescription by a 3rd person.” 5. by failure of such owner to register said accretion within the prescribed period. or for special industries. Trees uprooted and carried away by the current belong to owner of land which they may be cast. The river must continue to exist that is.“Rules on alluvion do not apply to man-made or artificial accretions to lands that adjoin canals or esteros or artificial drainage system. Republic vs CA.CA. Art. it must not completely dry up or disappear. i. Requisites of Change of River Beds: 1.“Art. does not automatically become registered land. 460. 457. although by mandate of Art. It is the slow and hardly perceptible accumulation of sould deposits that the law grants to the riparian owner. Sudden or Abrupt 3. 458. caused by natural forces. CA.process whereby a portion of land is segregated from an estate by the current of a river. Heirs of E. if the owners do not claim them within 6 months. River beds abandoned through natural change in the course of the waters. .“Laguna de Bay is a lake and that part around it which becomes covered with water. Art. it being a part of the sea. Navarro vs.“Registration does not protect the riparian owner against diminution of the area of his land thorugh gradual changes in the course of the adjoining stream. AVULSION . Manalo.e. 4. 457 does not apply where the accretion is caused by action of Manila Bay.” 7. Ronquillo vs.

Formed on the seas within the jurisdiction of the Phils.To which the other (accessory) has been united as an ornament or for its use or perfection. 2. Of greater value. plumbatura. Separation without injury (469) 2. if they are of an equal value (468) 4. (469) 3. RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY Adjunction or Conjunction.it shall be divided longitudinally in halves. but each one of the component things preserves its value. Soldadura (soldering). a.union of two movable things belonging to different owners in such a way that they form a single object. 463. River divides itself into branches forming an island. Art.PROPERTY 16 2.such as when a person paints on canvas belonging to another Tests to determine principal in adjunction (467/468) 1. Owner of the principal in bad faith. On navigable or floatable rivers Islands formed in non-navigable or non-floatable rivers (465) .same metals b. Islands belong to State: (464) 1. Isolation of a piece of land or part thereof (without being physically transferred to another place). 2. ferruminacion. Separation(or physical transfer) of a portion of land from an estate by the current. if they are of unequal values (468) 3. 1. (470) . Tejido (weaving). Of greater merits taking into consideration the comparative merits. Pintura (painting). Inclusion (engraftment). 462. 2.Island shall pertain and belong to the owners of the margins or banks of the river nearest to each of them . Escritura (writing).such as when threads belonging to different owners are used in making textile 4.different metals 3. [466] Kinds of Adjunction (ISTEP) 1. the owner of the former may demand its separation even though the principal may suffer injury.such as joining a piece of metal to another metal. On lakes 3.such as when a person writes on paper belonging to another 5. utility and volume of their respective things (475) When Separation Allowed 1. Art.accessory is much precious than the principal. Of greater volume. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed.such as setting a precious stone on a ring 2. New Bed through private estate becomes of public dominion. Rule on Importance of Purpose (467). Separation with injury.if in the middle of the river.

the actor forfeits his things and is liable for damages. 2. Without stipulation. each acquires a right or interest in proportion to the value of his material.or the mixture of liquid things belonging to different owners. .takes place when two or more things belonging to different owners are mixed or combined with the respective identities of the component parts destroyed or lost. OA may demand separation even if damages may be caused to the principal (expenses to be borne by the one who caused the conjunction) 2. for its value If value of accessory is greater than principal.or the mixture of solid things belonging to different owners. OP in Good Faith. OP in Bad faith.each share shall still be in proportion to the value of their thing. Commixtion. Two Kinds: 1. Rules: 1. Confusion. When the maker (considered principal) is in GF .means the giving of a new form to a material belonging to another person through the application of labor or industry. 2. 3. Pay OA value of accessory PLUS Right to choose between DAMAGES OR 1. Art. (Thing equal in kind/value or price) Art. OWNER OF PRINCIPAL (OP) AND OWNER OF ACCESSORY(OA) IN GOOD FAITH/BAD FAITH OP OA Acquires the accessory.PROPERTY 17 1. OA in Bad faith OP Owns the accessory plus damages OA Loses the thing incorporated and indemnify OP for damages 3. Mixture caused by the owner in BF. OA in Good Faith OP OA 1. Mixture caused by an owner in GF or by chance. That the thing be separated even if principal PLUS DAMAGES will be destroyed Both with right to damages Art. Mixture by will of the owners. OP paying him the value or 2.Their rights shall be governed by their stipulations. 472/473. 474.471 Form of Indemnity. Mixture. indemnifying the OA May separate them if no injury will be caused. Principal and accessory be separated 2. RULES: 1. Specification.

OM can demand indemnity plus damages c. COMPARISON OF THE 3 TYPES ACCESSION OF MOVABLES Adjunction Mixture Specification Involves at least 2 things Involves at least 2 things Involves at least 2 things Accessory follows principal Co-ownership results Accessory follows principal Things joined retain their Things joined Either retain or The new object retains or nature lose their nature preserves the nature of the original object QUIETING OF TITLE (476) Reasons: 1. -an action to quiet title brought by the person in possession of the property is IMPRESCRIPTIBLE. protect true title and possession 3. does not exclude personal property from actions to quiet title.one to prevent the casting of a (threatened) cloud on the title Action to Remove Cloud -intended to procure cancellation. Remedial Action. he must invoke his remedy within the prescriptive period. delivery.any instrument which is inoperative but has semblance of title.PROPERTY a. -if he is not in possession. OM can appropriate the work without paying for the labor or industry b. Classification 1. -preventive Cloud. 18 2. Preventive Action. prevent litigation 2. demand indemnity for material with damages . appropriate the new thing subject to payment of the value of the work or ii. plaintiff asserts his own estate and generally declares that defendant’s claim is without foundation -remedial -not suits in rem nor personam but suits against a particular person/s in respect to the res(quasi in rem) -may not be brought for settling boundary disputes (Vda.one to remove cloud on title 2. CA) -applicable to any property or interest therein. De Aviles vs. release of an instrument. The law however. Requisites: . When the maker is in BF a. May not appropriate –material transformed is worth more than the new thing. The OM may i. real interest of both parties which requires that precise state of title be known Action to Quiet Title -put an end to vexatious litigation in respect to property involved. OM cannot appropriate if the value of the work is considerably more than the value of the material due to artistic or scientific importance. encumbrance or claim constituting a plaintiff’s title which may be used to injure or vex him in the enjoyment of his title. Appropriate but must indemnify the owner of the material b.

Where the validity of the instrument involves pure questions of law. ineffective. 2. CA. To deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff. except: a. 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 his benefit. Plaintiff must have a legal or equitable title or interest. 4. A forged contract. The cloud must be due to an instrument. encumbrance or claim in the plaintiff’s title which affects the title or enjoyment of the property Nature Plaintiff asserts own claim and Plaintiff declares his own declares that the claim of the claim and title.imprescriptible 2. 30(extraordinary) Action to quiet title does not apply: 1. To boundary disputes(ibid) 4. 5. Need not be in possession of the property. record. if it is being asserted that the instrument or entry in plaintiff’s favor is not what it purports to be. (479) Instances of Cloud of title 1. Heirs of M. pointing its property that the same may defects and prays for the be determined by the court declaration of its invalidity Jurisprudence: 1. Hussain) 3. 3. if made in a legal proceeding b. but must invoke within prescriptive period. Nagaño vs. and such instrument may be prejudicial to said title. 4. 5.“Free Patent issued over private land is null and void” .To questions involving interpretation of documents. DISTINCTIONS BETWEEN ACTION TO QUIET TITLE & ACTION TO REMOVE CLOUD Basis Action to Quiet Title Action to Remove Cloud Purpose Put an end to vexatious Procure cancellation.PROPERTY 19 1. (477) 2. and at the defendant is unfounded and same time indicates the calls on the defendant to source and nature of the justify his claim on the defendant’s claim. For mere written or oral assertions of claims. A sale by an agent without written authority or after expiration of his authority. or has been extinguished or terminated or has been barred by extinctive prescription (478). An absolute fictitious contract of sale or a sale with simulated consideration. A contract of sale or donation which has become inoperative because of non-performance by the vendee or donee of a condition precedent. Plaintiff in possession. voidable or unenforceable. (Gallar vs. 2.10 (ordinary). A voidable contract. claim encumbrance or proceeding which is apparently valid or effective but in truth and in fact invalid. 3. release litigation of an instrument. Prescriptive Period: 1. Plaintiff not in possession.

recognition of ideal shares Causes/Sources (LCS FOD) 1.1) 3. Legal. donation Kinds of Co-Ownership (LOC CUSI) 1. Contractual.” 3. architect or contractor (1723) 2.over universal things (co-heirs) 6.“The finding in the case for quieting title prevails over the ruling in the forcible entry case. Heirs of M. CO-OWNERSHIP . succession 4.done by government at the expense of owner (482.PROPERTY 20 2. Ordinary.2) ***The complainant must show that his property is adjacent to the dangerous construction. unity of material (indivision of object) of ownership 3. Nakpil & Sons vs. Plurality of Subjects—many owners 2. CA. To constitute an act of God the following requisites must concur: 1) the cause of the breach of obligation must be independent of the will of the debtor 2) the event must be either unforeseeable or unavoidable 3) the event must be such as to render it impossible for the debtor to fulfil his obligation in a normal manner 4) the debtor must be free from any participation in or aggravation of the injury to the creditor. having failed to observe requisite workmanship in construction. contracts 3.i. Singular or Particular-over particular or specific thing . vs.is that form of ownership which exists whenever an undivided thing or right belongs to different persons. Jurisprudence: *Juan F.” RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING (482 & 483) Liability for Damages 1.“The judgment of trial court cancelling the TCT in the name of the mortgagor without notice to the mortagee-bank cannot be considered a cloud on the mortgagee’s title or interest over the property. in danger of falling–state may compel owner to demolish or make necessary work to prevent from falling (482.engineer. easement of part walls. occupancy—2 persons catch a wild animal 6. Metropolitan Bank & Trust Co. Abella. if no action by owner.no right of partition exists (party wall) 4.“The contractor and architect are liable for the damage sustained by a building because of an earthquake. (484) Requisites: 1. collapse within 15 years from completion.Right of partition exists 3. Alejo. and the architect made plans that contain defects and inadequacy. which does not have any semblance of a title. fortuitous event or by chance. absolute community of property b/w spouses 2. law. or must have to pass by necessity in the immediate vicinity. Roman Catholic Archbishop of Caceres vs.created by law 2.commixtion 5.created by contract 5. Having made substantial deviations from the plans and specifications.e. both of them cannot escape liability. Universal. Compulsory.

there is mutual representation Dissolved Cannot substitute another as a partner in his place without consent of others on May be stipulated upon DISTINGUISHED FROM JOINT TENANCY CO-OWNERSHIP Shares Involves a physical whole. no mutual representation Not dissolved Can dispose of his share without consent of others Must always depend proportionate shares PARTNERSHIP Has legal/juridical personality Created by contract only (express or implied) Profit No term limit set by law Representation Effect of Death Substitution Profits As a rule. each co-owner being the owner of his ideal share Disposal of Shares Each co-owner may dispose of his ideal or undivided share (without boundaries) without the other’s consent Effect of Death If a co-owner dies his share goes to his own heirs Effect of Disability If a co-owner is a minor. But there is an ideal (abstract) division.PROPERTY 7. JOINT TENANCY Involves a physical whole. his share goes by accretion to the other joint-tenants by virtue of their survivorship or jus accrecendi If one joint-tenant is under legal disability (like minority). Each co-owner may not dispose of his own share without the consent of all the rest.exists independently of the will of the parties 21 DISTINGUISHED FROM PARTNERSHIP CO-OWNERSHIP Legal Personality No Legal Personality Source Created by contract or other things Purpose Collective enjoyment of a thing Term Agreement for it to exist for 10 years—valid(if more than 10 years. because he really has no ideal share If a joint tenant dies. each and all of them own the whole thing. But there is no ideal (abstract) division. the excess is void) NOTE: 20 years is the maximum if imposed by the testator or donee of the common property As a rule. this benefits the other against whom prescription will not run RIGHTS OF CO-OWNERS (BUCA CERF APPRAP) . and prescription therefore runs against them. Incidental. this does not benefit the others for the purpose of prescription.

except personal rights like right to use and habitation. No prescription to run in favor of a co-owner as long as he recognizes the co-ownership (494). After partition. assign or mortgage own part. but can terminate co-ownership. Rights to benefits proportional to respective interests. he has repudiated through unequivocal acts b. Pay necessary expenses and taxes—may be exercised only by one co-owner. exclusive and notorious. stipulation to the contrary is void. Right to use the thing co-owned (486) a. Duty to obtain consent of all if the thing is to be altered even if beneficial. Right to make repairs for preservation of things can be made at will of one co-owner. (498) DUTIES/LIABILITIES OF A CO-OWNER 1. Right to alienate. such act of repudiation is made known to the other co-owners c. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one of them. CA) 7. if practicable. stipulation to the contrary is void. duty to render mutual accounting of benefits and reimbursement of expenses (500) 9. Right to redemption in case the shares of all the other co-owners or any of them are sold to a 3rd person (Cadag vs. without prejudice to interest of ownership c. (Addille vs. Right to ask for partition anytime (494) 11. Right to full ownership of his part and fruits. Reciprocal warranty for defects of title or quality of the portion assigned to the owner. Pay useful and luxurious expenses if determined by majority (489. (489) 8. Right to bring an action for ejectment in behalf of the other co-owner (487) 5. court intervention if prejudicial—appointment of administrator. .(485) 2. for purpose for which it was intended b.PROPERTY 22 1. Share in charges proportional to respective interest. Right to be adjudicated the thing (subject to right of others to be indemnified) 14. resort to court if nonconsent is manifestly prejudicial. (485) 2. controlling interest. notice of necessity of such repairs must be given to co-owners. without preventing other co-owners from making use thereof 3. his possession is open. but can’t be made if prejudicial to co-ownership (488) 7. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest. (488) 3.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 others. (493) 10. 492) 4. receive reimbursement therefrom. (493) 9. (495) 8. evidence must be clear and convincing d. Right to compel co-owners to contribute to necessary expenses and taxes (488) 6. (500) 10. Indemnity for damages caused by reason of negligence and fraud. Duty to obtain consent of majority with regards to the administration and better enjoyment of the thing. Trinanes) (1620) 13. Right to change purpose of co-ownership by agreement (486) 4. requisites for acquisition through prescription: a. continuous. (491) 5. Right to pre-emption (in relation to imprescriptibility-494) 12. . (492) 6.(500) PARTITION. Co-owners cannot ask for physical division if it would render the thing unserviceable.

(494) 3. Exception: valid repudiation—prescription shall start from such repudiation Exception to the Exception: In constructive trusts prescription does not run. 3. who shall indemnify the others. (494) Exception: When a co-owner may not successfully demand a partition 1. 2. PRESCRIPTION General Rule: Prescription does not adversely affect a co-owner or co-heir. 4. Each co-owner may at any time demand the partition of the thing owned in common. 2. 5. (494) 2. Filing by a trustee of an action in court against a trustor to quiet title to property or for recovery of ownership thereof. 6. held in possession by the former. may constitute an act of repudiation of the trust reposed on him by the latter. When partition is prohibited by law. A co-owner cannot acquire the whole property as against the other co-owners. Loss or destruction of property co-owned. Execution of a deed of partition and on the strength thereof cancellation of title to the property was obtained in the name of the predecessor and the issuance of a new one wherein plaintiff appears as new owner. Partition (Judicial or Extrajudicial) TERMINATION OF CO-OWNERSHIP Jurisprudence: . CA) Art. Acquisitive prescription in favor of a 3rd person or a co-owner who repudiates the co-ownership. Creditors or Assignees of co-owners cannot impugn any partition already executed unless there has been fraud or made notwithstanding a formal opposition. When a physical partition would render the property unserviceable (495). insofar as his share is concerned. When one who is an apparent administrator of property causes the cancellation of the title thereto in the name of the apparent beneficiaries and gets a new certificate of title in his own name. EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. the property may be allotted to one of the co-owners. 3. Sale of property co-owned 5. (De lima vs. 4. Termination of period agreed upon by the co-owners. When partition is prohibited by a donor or testator (for a period not exceeding 20 years) from whom the property came. Positive Acts of Repudiation 1. An action for reconveyance of land based on implied or constructive trust prescribes within 10 years and it is from the date of the issuance of such title that the effective assertion of adverse title for purposes of the statute of limitation is counted. 497. Expropriation 7. and the proceeds distributed. but in this case. and the lapse of more than 20 years. open and adverse possession as owner would certainly suffice to vest title by prescription. (494) 4. (498) 5. or in case of disagreement it will be sold. If by agreement (for a period not exceeding 10 years) partition is prohibited. When the legal nature of the common property does not allow partition. The issuance of the certificate of title.PROPERTY 23 General Rule: No co-owner shall be obliged to remain in the co-ownership. Consolidation or merger in one co-owner.

he can also cancel his own lease independently of the other coowner. or commercial building and an undivided interest in common directly or indirectly. CONDOMINUM ACT (RA 4726) Condominium. De Castro vs. . By virtue of the document the parties thereto practically and substantially entered into a contract of partnership as the ebst and most expedient means of eventually dissolving the co-ownership. (490) -.” 6.“When co-owners agreed to subdivide a parcel of land into small lots and then divide the parcels among them. CA. a co-owner who cancels a lease of his share of a property is liable on his express undertaking to refund the advance rental paid to him by the lessee. CA. it will not put an end to existing co-ownership. Vda. the continued stay of respondent and his family in the house prejudiced the interest of the petitioner as the property should have been sold and the proceeds divided equally between them. Islands.“Redemption of the whole property by a co-owner does not vest in him sole ownership over said property.” 5.“The torrens title does not furnish shield of fraud. Therefore.” 8. Barreto vs. the co-ownership was deemed terminated and the right to enjoy the possession jointly also ceased. in the land on which it is located and in other common areas of the building. Mariano vs. these are indestructively united for their ornamentation and use and even for their very existence with other necessary and essential things which are the main and party walls.” 3.PROPERTY 24 1. where one registered the property in question in his name in fraud of his co-heirs. Thereafter. Laguna vs. Atienza.“Accounting should be with respect to net proceeds not the gross proceeds derived from the sale” 3. CA. De Espina vs.“Even if a co-owner sells the whole property as his own. Respondent should be held liable for monthly rentals. Levantino-“The sole fact of a co-owner having declared the lands in question in his name for tax purposes nor the payment of land taxes. *Title to the common areas may be held by a corporation specially formed for the purpose. Although there are apparently separate and distinct properties. the roof and other things used in common. such absence would make the partition executed not binding on them. industrial.” 7. then. which is a building consisting of several stories. Bank of Phil. De Santos vs.“Creditors and assignees have the right to be notified of a partition. Thus. Cabigao vs. Hence.“The Statute of Frauds does not apply to partition because it is not legally deemed a conveyance or a sale of property resulting in change of ownership but simply a segregation and designation of that part of the property which belongs to each of the co-owners. constitutes no such unequivocal act of repudiation amounting to an ouster of the other co-owner and cannot constitute adverse possession as basis for title by prescription.” PERPENDICULAR CO-OWNERSHIP. prescription can only be deemed to have commenced from the time the latter discovers the fraudulent act. the sale is valid insofar as his ideal quota is concerned unless the sale is authorized by the other co-owners.“If a lease could be entered into partially by a co-owner insofar as his interest is concerned.” 9. CA. Abaya. Tuason vs.an interest in real property consisting of a separate interest in a unit in a residential. Lim. in which holders of separate interests automatically become members or shareholders. Adille vs. such obligation is a mere incident to the main object of dissolving the co-ownership.” 4.This is to be distinguished from a CONDOMINIUM.” 2. or without the consent of the other co-owners.“When petitioner filed an action to compel the sale of the property and the trial court granted the petition. Aguilar vs. --Different stories of a house belong to different owners. Vda. Tuason. Redemption within the period prescribed by law by a co-owner will inure to the benefit of all co-owners. each story being divided into different units owned by different persons who are members or shareholders of a condominium corporation.

unless a survey plan of the same property had previously bee filed in said office. APPLICABILITY: Property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land. Incidents of a condominium grant .means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof. (e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use.means the entire project excepting all units separately granted or held or reserved. however. a statement to this effect shall be included. as well as of all registered holders of any lien or encumbrance on the property.the entire parcel of real property divided. the membership or shareholdings in the condominium corporation: Provided. that they consent to the registration of the deed. in sufficient detail to identify each unit. (h) Any reasonable restriction not contrary to law. (2) A diagrammatic floor plan of the building or buildings in the project. office or store or other space therein. Common areas. the following: (a) Description of the land on which the building or buildings and improvements are or are to be located. including all structures thereon. the number of units and their accessories. Project. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens. in a proper case. (g) The following plans shall be appended to the deed as integral parts thereof: (1) A survey plan of the land included in the project. (f) A certificate of the registered owner of the property. (d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. including accessories appended. (b) Description of the building or buildings.means a part of the condominium project intended for any type of independent use or ownership. except in cases of hereditary succession. if the latter had been patented or registered under either the Land Registration or Cadastral Acts. an enabling or master deed which shall contain. morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. if any. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation. among others. To divide real property. shall include the transfer or conveyance of the undivided interests in the common areas or. if he is other than those executing the master deed. stating the number of stories and basements. (c) Description of the common areas and facilities. or corporations at least sixty percent of the capital stock of which belong to Filipino citizens. TRANSFER OR CONVEYANCE Any transfer or conveyance of a unit or an apartment. its relative location and approximate dimensions.PROPERTY 25 Unit. That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof.

(e) Each condominium owner shall have the exclusive right to paint. (g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties. ceilings. paper or otherwise refinish and decorate the inner surfaces of the walls. columns. egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. wherever located. (b) There shall pass with the unit. repaint. tanks. pumps and other central services and facilities. or (e) That the conditions for such partition by sale set forth in the declaration of restrictions. pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him.PROPERTY 26 (a) The boundary of the unit granted are the interior surfaces of the perimeter walls. except the outlets thereof when located within the unit. (f) Each condominium owner shall have the exclusive right to mortgage. ducts. foundations and other common structural elements of the building: lobbies. (c) Unless otherwise. roofs. floors. or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project. flues. DECLARATION OF RESTRICTIONS (a) As to any such management body. (d) A non-exclusive easement for ingress. The following are not part of the unit bearing walls. GENERAL Rule: Common areas shall remain undivided and there shall be no judicial partition thereof: EXCEPTIONS: (a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto. wax. reservoirs. an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. elevator equipment and shafts. provided. pipes. . that it is obsolete and uneconomic. in equal shares. one for each unit. the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction. windows and doors thereof. floors. floors. central heating. and other areas of common use. tile. or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. chutes. as an appurtenance thereof. hallways. central refrigeration and central air-conditioning equipment. stairways. wires and other utility installations. conduits. or (c) That the project has been in existence in excess of fifty years. the common areas are held in common by the holders of units. windows and doors bounding his own unit. duly registered have been met. and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project. ceilings. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof.

Subterranean or ground water. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves c. f. Atmospheric water. Lakes and lagoons naturally waters rising on such lands. . subject to the superior rights of the corporation creditors. and g. Co-terminus with the duration of the condominium project. Such transfer or conveyance shall be deemed to be a full liquidation of the interest of such members or stockholders in the corporation. exchange of common areas owned or held by it in the condominium project WATER CODE OF THE PHILIPPINES (PD 1067) Ownership of Waters The following belong to the state: (RCL SASS) a. Involuntary dissolution of a condominium corporation. Rivers and their natural beds. Affirmative vote of all the stockholders or members necessary to dispose. Affirmative vote of all the stockholders or members thereof at a general or special meeting duly called for the purpose. the provisions of the Corporation Law to the contrary notwithstanding. the common areas in condominium projects shall fully apply. Continuous or intermittent waters rising on such lands. b. (f) Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds. except if conditions on partition is present(Sec. The common areas owned or held by the corporation shall. or upon a decision of an arbitrator. d. Natural lakes and lagoons. or upon specified percentage of damage to the building. 8). e. water form rainfall whether natural or artificial. be transferred pro-indiviso and in proportion to their interest in the corporation to the members or stockholders thereof.PROPERTY 27 (b) The manner and procedure for amending such restrictions: Provided. or upon any other reasonable condition. After such transfer or conveyance. and water from agriculture runoff. each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas. (c) For independent audit of the accounts of the management body. the provisions of this Act governing undivided coownership of. Term of a condominium corporation. (d) For reasonable assessments to meet authorized expenditures. lease. Corporation not Voluntary Dissolved if Master deed not revoked. That the vote of not less than a majority in interest of the owners is obtained. Effect. or undivided interest in. All other categories of surface waters such as water flowing over lands. dissolves the corporation provided requirements of Corporation Law complied. b. seepage and drainage. Seawater The following waters found on private lands also belong to the State (CLRSS) a. (e) For the subordination of the liens securing such assessments to other liens either generally or specifically described. by way of liquidation.

may regulate such use when there is wastage. lessee. tanks. after due notice and hearing. * Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator's canal or aqueduct leading to the place where the water will be used or stored and. and. Irrigation d. however. or in times of emergency. when required by the Council. a. so that a superior right in one is not adversely affected by an inferior right in the other. Power generation e. The Council. Other purposes **A person may appropriate or use natural bodies of water without securing a water permit for any of the following. **Only citizens of the Philippines. **A holder of a water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of the waters to be appropriated subject to the requirements of just compensation and to the following conditions: a. springs and lakes. who are duly qualified by law to exploit and develop water resources. **Water rights may be lent or transferred in whole or in part to another person with prior approval of the Council. and b. and navigation of watercrafts or transportation of logs and other objects by flotation. Industrial h. **The utilization of subterranean or ground water shall be coordinated with that of surface waters such as rivers. APPROPRIATION OF WATERS (DMIP FLIRO) a. and b. provided that such use shall have been registered. Waters in swamps and marshes. Appropriation of water by means of hand carried receptacles. Domestic b. as well as juridical persons. Subterranean or ground waters. mortgage or one having real right over the land upon which he purposes to use water. watering or dipping of domestic or farm animals. d. Recreational i. 28 *The owner of the land where the water is found may use the same for domestic purposes without securing a permit. so long as it is being beneficially used for the purposes for which it was appropriated. streams. Municipal c. Livestock raising g.PROPERTY c. Fisheries f. That the proposed easement is the most convenient and the least onerous to the servient estate. or pools shall have exclusive control over such water and the right to dispose of the same. * Any person who captures or collects water by means of cisterns. e. Rain water and falling on such lands. . of legal age. Bathing or washing. may apply for water permits. That he is the owner. thereafter.

**Any person may erect levees or revetments to protect his property from flood. the Council shall promulgate rules and regulations and declare the existence of control areas for the coordinated development. flotage. aqueduct or reservoir. and utilization of subterranean or ground water and surface waters. The owners of the lands thus affected are not entitled to compensation for any damage sustained thereby. ** When a drainage channel is constructed by a number of persons for their common benefit. The owner of the lower estate can not construct works which will impede this natural flow. protection. Control area is an area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other. the owners or the affected lands may not compel the government to restore the river to its former bed. **When a river or stream suddenly changes its course to traverse private lands. **Water contained in open canals. The boundary of a control area may be altered from time to time. as circumstances warrant. **The banks or rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas. flotage. . **Lower estates are obliged to receive the waters which naturally and without the intervention of man flow from the higher estates. nor can they restrain the government from taking steps to revert the river or stream to its former course. navigation. the former owners of the new bed shall be the owners of the abandoned bed proportion to the area lost by each.PROPERTY 29 For this purpose. as well as the stones or earth which they carry with them. That this right may be restricted by the owner should it result in loss or injury to him. unless he provides an alternative method of drainage. irrigation. are subject to the easement of public use in the interest of recreation. flumes and other structures necessary for maintaining access. along their margins. ** When a water resources project interferes with the access of landowner to a portion of his property or with the conveyance of irrigation or drainage water. the person or agency constructing the project shall bear the cost of construction and maintenance of the bridges. aqueducts or reservoirs of private persons may be used by any person for domestic purpose or for watering plants as long as the water withdrawn by manual methods without checking the stream or damaging the canal. encroachment by the river or change in the course of the river. subject to the requirements of just compensation. or drainage in addition to paying compensation for land and incidental damages. No person shall be allowed to stay in this zone longer than what is necessary for recreation. provided that such constructions does not cause damage to the property of another. twenty (20) meters in agricultural areas and forty (40) meters in forest areas. cost of construction and maintenance of the channel be borne by each in proportion to the benefits derived. the owner of the higher land shall select the routes and methods of drainage that will cause the minimum damage to the lower lands. neither can the owner of the higher estate make works which will increase this natural flow. ** When artificial means are employed to drain water from higher to lower land. Provided. However. fishing and salvage. fishing or salvage or to build structures of any kind. navigation.

b.e. Juridical: when possession gives the transferee a right over the thing which the transferee may set-up against the owner. Ex. Demand fruits and damages from one unlawfully detaining property 4. (i. apprehension. possession of an agent who receives the proceeds of sales of goods delivered to him in agency by his principal) Classes: a. Possession without any title—mere holding without any right at all. bailee in commodatum. c. Seller is not the true owner or could not transmit his right thereto to a possessor who acted in GF. Possession in name of another—possessor holds the thing/right owned by another. Occupancy. Effects: a. Requisites: (OIR) 1. Possession with juridical title—predicated on juridical relation existing between the possessor and the owner. Transportation and Communication and work pertaining thereto are commenced within two years from the changes in the course of the river or stream. Possession in one’s own name—possessor claims the thing/right for himself. 2. depositary. Ex. (524) Note: Subject to ratification if not authorized by principal. Physical or material Possession: as when possessor is a mere custodian (i. May be converted into ownership through acquisitive prescription b. Ex. Unauthorized (negotiorum gestio)—this will become the principal’s possession only after there has been a ratification without prejudice to the effects of negotiorum gestio. Possession with a title in fee simple—derived from the right of dominion or possession of an owner. An action may be brought to protect possession c.PROPERTY 30 The owners of the affected lands may undertake to return the river or stream to its old bed at their own expense. (524) Forms or Degrees of Possession (WJJF) 1. (525) Examples: Usufructuary. Necessary/legal—as when a mother possesses for a child still in the maternal womb or incapacitated. 4. Lessee. Possession. agent. which is ownership. This is the highest degree of possession. Possession in good faith. May ask for inscription of possession d. or taking of a thing or right (possession in fact) 2. Classes of Possession (GO BAHO) 1. Possession in the concept of owner—possessor by his actions is considered or is believed by other people as the owner regardless of good faith or bad faith. pledgee and trustee. This may be: a. Thief or squatter. Provided. Possession in the concept of holder—possessor acknowledges that there is a superior right over the thing by another person. 5.(525) Note: Possessor may be the owner himself or an adverse possessor. Possession in behalf of juridical entities. (524) 2. Lessee. By virtue of one’s own right—in his own name or in that of another. Possession with just title sufficient to transfer ownership.e. 3.(526) . Deliberate intention to possess (animus possidendi) 3. 3. Voluntary—agent possesses for the principal b. That a permit therefore is secured from the Secretary of Public Works. possession of money by a bank teller.The holding of a thing or the enjoyment of a right. usufructuary.

6.” (Gardner v. which land was owned by another as evidenced by the latter’s Torren’s title thereto.PROPERTY Requisites: a. “Where the land sold is in the possession of another other than the vendor. it was immaterial that the building was unfinished and that he left the place and visited the property intermittently.occupancy in fact of the whole or at least substantially whole.” – (Lerma v. the purchaser must go beyond the certificate of title and make inquiries. Javier 1906) 2. Moran 1926) 4. Diaz 1979) 6. CA 1984) Extent of Possession 1.” (Somodio v.” (Republic v. “Where the possessor has always believed that the land in question did not belong to him. Inc. Possessor is unaware or aware of the flaw or defect or believes that the thing belongs or does not belong to him.”—(Ramirez vs. 2.1994) Exceptions/Qualifications: 1. “Doctrine of constructive possession does not apply where the possession is wrongful or the part allegedly constructively possessed is in adverse possession of another”—(Sarmiento v.” (J. When for example a person took possession of land by planting trees and constructed building. CA 1988) 3. Actual. Director of Lands-1938) 2. 31 Instances of Bad Faith 1.”—(Republic vs. Lesaca 1960) . (526). Dela Cruz 1907) 3. “Where the lessee continues to occupy the premises after the period of the lease contract has already expired as he becomes a usurper with no right to legitimately continue in the use and enjoyment thereof. failing in this purchaser cannot invoke good faith.occupancy of part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole. “Mere planting of a sign or symbol of possession cannot justify a Magellan-like claim of dominion over an immense tract of territory” – (Lasam v. “Mere cultivation does not constitute possession under a claim of ownership. CA 2004) 7.” (Heirs of Roxas v. “Mere fact of declaring uncultivated land for taxation purposes and visiting it every once in a while has been held not to constitute acts of possession.” (Conde v. “Where the purchaser of land has notice that it is subject to right of repurchase from his vendor (vendee a retro in a previous sale) although such right has already lapsed but the title has not yet been cleared of the encumbrance. Tuason & Co. “Where the petitioner acquired his interest in the land aware that a litigation concerning the land was still pending.”(Javier v.possessor is aware of defect or flaw in his title.M. Doctrine of Constructive Possession General Rule: “Possession and cultivation of a portion of a tract of land under claim of ownership is constructive possession. There is a flaw or defect in said title or mode c. CA 1982) 8. CA. Possession in bad faith. Director of Lands 1934) 4.”—(Rivera v. Possessor has a title or mode of acquisition (712) b. “Where the wife was present when her husband entered into the lease contract and was not ignorant of the defect in her husband’s alleged prescriptive title when she pretended to take possession thereunder. Mumar 1968) 5. It is sufficient that the property was able to be subjected to his will. Constructive. “Where one purchased a land. “Where a purchaser believed that the seller was the owner of the land sold. on the certificate of title of which an adverse claim was previously annotated. vs. in view of the presumptive knowledge of the Torren’s title.

[534] Time of acquisition: a. Heir accepts: from the moment of death since there is no interruption.2] OBJECT OF POSSESSION [530] (RPDN) 1. Possession with just title [561] 6. Continuous possession [554] 9.1) 5. By the material occupation of exercise of a right (Traditio brevi manu and traditio constitutum possessorium) 2. but effects of possession in good faith shall not benefit him except from the date of death of decedent. Thru an authorized person or by his legal representative or agent 3. Non-apparent servitudes Acquisition of Possession (MWA) [531] 1. By proper acts and legal formalities established for acquiring such right of possession. b. Personally or by the same person who is to enjoy it. Of continuity of initial good faith [528] 3. Thru an unauthorized person or by any person without any power or authority whatever Possession through succession 1. Property of public dominion 3. Possession of movables with real property [542] 7. Of Good Faith (527) 2. Uninterrupted possession [561] 10.PROPERTY 32 Presumptions in favor of the possessor 1. . 2. Uninterrupted possession of hereditary property (533. By whom possession is acquired (532) 1. Heir refuses or incapacitated to inherit: he is deemed never to have possessed the same Acquisition by Minors/Incapacitated Persons [535] May acquire material possession but not right to possession. One who succeeds by hereditary title shall not tack the bad faith of the predecessors-in-interest except when he is aware of flaws affecting title. Such right to possession may only be acquired through their legal representatives. Res Communes (privately owned property) {Res Nullius: No Owner} 2. Exclusive possession of common property [543] 8. Possession during intervening period [1138. Of enjoyment in the same character in which possession was acquired until the contrary is proved [529] 4. [533] 2. By the subjection of the thing or right to our will (tradition longa manu and tradition symbolica) 3. Discontinuous servitudes 4. Possession of hereditary property is deemed transmitted w/o interruption from moment of death (if accepted) and if not accepted is deemed never to have possessed the same.

Clandestine or unknown acts 3. Right to a part of expenses of cultivation and net harvest in proportion to time of possession if there would be any natural or industrial fruits at the time good faith ceases. Right to secure the proper writ to restore him in his possession from a competent court in an action for forcible entry. Title sufficient to transfer ownership without need of possessing the property for the period necessary for acquiring title by prescription. [541] * Just Title. [544] 8. [539] 2. If dates of possession are the same. interruption in whole or in part shall be to the prejudice of all. EFFECTS OF POSSESSION Rights of Possession 1. Possession of real property presumes that movables are included.PROPERTY 33 Resort to Courts necessary to acquire possession when there is a possessor objecting thereto. The application of force or intimidation therefore could not result to acquisition of possession. Possession acquired and enjoyed in the concept of an owner can serve as title for acquisitive prescription. CA-1993) * Putative Title. [542] 6.may be written or oral proof. [539] 3. from one who is not the owner but whom he believes to be the owner. This is the required title for acquisitive prescription (De Jesus v.one which a person has when he buys a thing in good faith. (Owner has the option to allow the possessor to finish the cultivation and gathering of the growing fruits which . Possessor in good faith entitled to fruits received before possession is legally interrupted. [536] Acts that do not give rise to presumption of abandonment of right of possession [537] 1. the thing shall be placed in judicial deposit. Present of actual possessor shall 2. If there are two possessors. * Colorable Title. possessor with a title (i. as when one is in possession of a thing in the mistaken belief that it had been bequeathed to him. It is title that it true and valid. If all the above are equal. Acts of violence Conflicts between several claimants [538] General Rule: Possession cannot be recognized in two different personalities except in case of co-possession when there is no conflict Preference of Possession 1. Civil Fruits accrue daily). even if acted in BF [540] 4. Acts merely tolerated 2. longer in possession 3. [543] 7. the fact of possession shall be judicially determined and in the meantime. 5.one which a person believes he has but in fact he has not because there was no mode of acquiring ownership. (Natural and industrial: received from the time gathered/severed.e right or document evidencing his right to support his possession) 4. Co-possessors deemed to have exclusively possessed part which may be allotted to him. Possession in concept of owner has in his favor the legal presumption of just title. Right to be respected in his possession and should he be disturbed he shall be protected in or restored to said possession.

One who recovers according to law. Bear cost of litigation [550] 3. Incidentally. then the vendee a retro may remove the house since this can be done without damage to the principal thing. a homesteader exercising his right of repurchase was ordered to refund the value of a house constructed on subject land by a vendee a retro.PROPERTY 34 shall be considered indemnity for his part of expenses and net proceeds. Right to possession wild animals while under one’s control. Possessor in GF may remove improvements if can be done w/o damage to principal thing unless owner exercises option of paying expenses/increase in value. Improvements caused by nature or time shall inure to the benefit of person who has succeeded in recovering possession. [549] 2. Possessor in BF liable for loss or deterioration even if caused by fortuitous event. [553] LOSS OF POSSESSION [555] {AA PEA DC} .2] *Person who recovers possession not obliged to pay for improvements which have ceased to exist at the time of occupation. Possessor in GF and BF may not be entitled to payment for luxurious expenses but may remove them provided principal is not injured and provided owner does not choose to refund the amount expended. (Calagan v. Only Possessor in GF has the right of retention. It being clear that vendor a retro is not exercising the option to refund the useful expenses. possession unjustly lost is deemed to have enjoyed it without interruption. Possessor in GF has the right to be reimbursed for useful expenses with right of retention (Owner has the option to pay expenses or the increase in value of the property by reason of the useful expenses) [546. [552. [560] Wild Animals: whether terrestrial or aquatic.—SC ruled that requiring the vendor a retro to return the value of house constructed was illegal. Possessor in GF has the right to be reimbursed for necessary expenses whether in GF or in BF. [548] 13. Possessor in GF not liable for loss or deterioration except when fraud and negligence intervened. no right of retention is granted to the vendee a retro. [552. Possessor in BF must reimburse the value of fruits which the legitimate possessor could have received [549 in relation to 443] *Luxurious expenses shall not be refunded to Possessor in BF but may remove improvements without injury and provided lawful possessor does not prefer to retain them by paying their value. [551] 14.1] 10. CFI Davao-1980) 12. if he refuses this concession he loses the right to be indemnified.1] 4.2] 11. living in a state of nature independently of and without the aid and care of man Domesticated or Tamed Animals: animals which are wild or savage by nature but have been subdued and made use of by man and become accustomed to live in a tamed condition 15. [547] * Vendor a retro. [561] Liabilities/Duties of Possessor 1.) [545] 9. [546.

Where the sale is made at merchant’s stores. fairs or markets (1505) 5. Possession is in the concept of owner Doctrine of Irrevindicability—Possession in GF of a movable is presumed ownership. Where the sale is sanctioned by statutory or judicial authority 4. Cui -1971] . NIL.”. Warehouse Receipts Law) 3. With respect to third persons. a contradiction in terms and a conceptual absurdity. Where recovery is no longer possible because of prescription (1132) 7. Acquisitive Prescription By Reason of the Object 6. Abandonment of the thing 2. Assignment to another by onerous or gratuitous title 35 Against the Will of the Possessor 3. and to be a usufructuary of one’s own property is. which are not prejudiced except in accordance with Mortgage Law and Land Registration Laws. unless the title constituting it or the law otherwise provides. Possession of another if new possession lasted longer than one year(possession as a fact). Acquired in GF 2. When agent encumbered property without express authority unless ratified [558] Possession of movable equivalent to title [559] 1. Where the owner of the movable by his conduct precluded from denying the seller’s authority to sell 2. [557] 3. Where the seller has a voidable title which has not been avoided at the time of the sale to the buyer in GF for value and w/o notice of the seller’s defect of title (1506) 6. No further proof is necessary. When remained with possessor’s control eventhough for the time being he may not know their whereabouts. Where the law enables the apparent owner to dispose of the movable as if he were the true owner thereof. 4. real right not lost until after 10 years.[Gaboya v. It is equivalent to a title. For usufruct is essentially jus in re aliena.PROPERTY By will of the Possessor 1. Destruction or total loss of the thing 7. Where the possessor becomes the owner of the thing in accordance with the principle of finder’s keeper (719) USUFRUCT -Right to enjoy the property of another with the obligation of preserving its form and substance. Owner has voluntarily parted with the possession of a thing 3. Eminent Domain 5. (PD 1529. in law. When may possession may not be recovered if unlawfully deprived of 1.[556] 2. Thing went out of commerce POSSESSION WHEN NOT LOST 1. [562] * “A Person cannot create a usufruct over his own property and at the same time retain ownership of the same.

As to quantity or extent of object [564] i. 3.PROPERTY CHARACTERISTICS/ELEMENTS 36 1. normal b. consumable or nonconsumable. simultaneous. gave in his will the usufruct of the property for the requisite prescriptive period to his wife and naked ownership to his brother and wife possessed it in GF as usufructuary.those which may be present or absent depending upon the stipulation of the parties a. The obligation of conserving or preserving the form and substance of the thing 3. Tangible or intangible property. abnormal 2. The number of years it will exist c. As to whether or not impairment of object is allowed [562] a. Accidental. Legal. Whether it be pure or a conditional usufruct b. successive. Partial 5. Particular/Singular—if only individual things are included 6. Its purpose is to enjoy the benefits and derive all advantages from the object as a consequence of normal use or exploitation d.created by law such as usufruct of the parents over the property of their unemancipated minor b. Natural. Voluntary or conventional. Real right of use and enjoyment (whether registered or not) b. 2. Universal—if over the entire patrimony b. Mixed. Transmissible e. Temporary Duration c. 4.acquired by prescription such as when believing himself the owner of the property of an absentee. Total ii. simple b. As to number of persons enjoying the right [611] a.created by will of the parties either by donation inter vivos or donation mortis causa c. of things . in usufruct created by donation. multiple 1.those which are ordinarily present but can be eliminated by a contrary stipulation a.at the same time 2. As to origin [563] a. As to quality of kind of object a. Essential a. May be constituted on real or personal.one after the other *In case of multiple usufructuaries. As to extent of owner’s patrimony [598/599] a. all the donees must be alive or at least already conceived at the time of the perfection of the donation. Whether it is in favor of one person or several Classifications of Usufruct 1.

of rights—rights must not be personal or intransmissible in character. Resolutory ii. (so present and future support cannot be an object of usufruct) 7. when the land is considerably worth more in value than the building The owner is more or less The owner or lessor is more or passive and he allows the less active and he makes the usufructuary to enjoy the thing lessee enjoy given in usufruct The usufructuary has the duty The lessee generally has no to make ordinary repairs duty to pay repairs The usufructuary pays for the The lessee generally pays no annual charges and taxes on taxes the fruits A usufructuary may lease the The lessee cannot constitute a thing to another usufruct on the property leased USUFRUCT EASEMENT Creator Origin Cause Repairs Taxes As to other things DISTINGUISHED FROM EASEMENTS . and by way of exception by law (as in the case of an implied new lease. As to terms or conditions a. Abnormal(or imperfect or irregular)—involves consumable things b. last will or prescription by a contract. acting in behalf of the sublease or when the lessor is owner only a usufructuary May be created by law. With a condition i. May be created as a rule only contract. or by a duly authorized the owner as when there is a agent.PROPERTY 37 i. Suspensive DISTINGUISHED FROM LEASE Extent Nature Usufruct Lease Covers all fruits and uses as a Generally covers only a rule particular or specific use Is always a real right Is a real right only if registered. Pure—No term or condition b. as in the case of lease of real property OR if contracted for more than one year Can be created only by the The lessor may or may not be owner. in diem—up to a certain day iii. With a term or period i. or when a builder has built in GF on the land of another a building. Normal(or perfect or regular)—this involves non-consumable things where the form and substance are preserved ii. ex die in diem—from a certain day up to a certain day c. ex die—from a certain day ii.

PROPERTY Object Extent Coverage May be real or personal property What can be enjoyed here are all uses and fruits of the property Cannot be constituted on an easement. Fruits pending at the beginning of usufruct [567]  belong to the usufructuary  no necessity of refunding the owner for expenses incurred. Civil Fruits Accrue Daily [569] i. the usufructuary should pay the appraised value at the termination of usufruct if the thing/s were appraised when delivered. the pending crop expenses and charges shall be pro-rated b/w said possessor and the usufructuary ii. fallen or uprooted trunks if trees or shrubs disappeared through calamity or extraordinary event and demand their removal from the owner. Industrial and Natural Fruits i. but w/o prejudice to the rights of 3rd persons (thus if the fruits had been planted by a possessor in GF. Belong to the usufructuary in proportion to the time the usufruct may last ii. Right to enjoy any increase which the thing in usufruct may acquire through accession [571] 4. but it may be constituted on the land burdened by an easement Usually extinguished by death of usufructuary Involves only real property Limited to particular use 38 May be constituted on a piece of land held in usufruct Not extinguished by the death of the dominant estate Effect of Death RIGHTS OF THE USUFRUCTUARY I. (Hence the excess of expenses over the proceeds need not be reimbursed) 2. return the same quantity and quality or pay the current price. [574]  Right to make use of the dead trunks (of fruit-bearing trees and shrubs) and those cut-off or uprooted by accident with obligation to replace them [575]  Right to leave the dead. Both stock and cash dividends are considered civil fruits b. If there is no appraisal. [576]  Right to benefits produced naturally in usufruct of woodland. Right to personally enjoy the thing in usufruct or lease it to another [572-577]  Right to make use for the purpose intended of things which gradually deteriorate and shall not be responsible for deterioration due to wear and tear and is only obliged to return the thing in that condition but shall pay indemnity if deterioration was caused by his fraud or negligence [573]  In case of usufruct on consumables. from the proceeds of the fruits. AS TO THINGS AND ITS FRUITS 1. [577] . Right to fruits a. Right to Hidden Treasure as stranger [566] 3. Fruits pending at the termination of usufruct [567]  belong to the owner  BUT the owner must reimburse the usufructuary for ordinary cultivation expenses and for seeds and similar expenses.

The right of the usufructuary is not affected by the division but it is limited to the fruits of said part allotted to the co-owner. (All other cutting down of trees ofther than this should be for the purpose of restoring or improving things in usufruct and subject to consent of the owner) [577]  Right to make necessary thinnings in nurseries [577] 5. Right to exercise all the rights pertaining to the co-owner with respect to the administration and collection of fruits or interests from the property. Right to be indemnified for damages caused to him by the naked owner who caused an alteration which diminished the value of the thing in usufruct [581] IV. collect them and use and invest. As to advances and damages 1. the usufructuary is not obliged to pay the debt for the security of the mortgage. 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. In usufruct of Matured Credits. Right to be reimbursed for indispensable extraordinary repairs made by him in an amount equal to the increase in value which the property may have acquired by reason of such repairs. Right to retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on capital [612] II. Other . [600] III. in a usufruct of part of a common property. Bachrach 1947] 2.PROPERTY 39  He shall have the right to ordinary cutting or felling habitually made by the owner (or according to customs of the place) if the woodland is a copse or consists of timber for building. in any manner he may deem proper. Querol 1908) 4. Right to be reimbursed for taxes on the capital advanced by him [597. Right to set-off the improvements he may have made on the property against any damage to the same [580] 7. In usufruct of mortgaged immovables. He shall have a right to whatever he may lose by reason of the attachment of sale of the immovable for the payment of debt of the owner. As to Usufruct itself 1. (Pichay v. If he has not given security or it is insufficient or he has been excused to give one. usufructuary may claim matured credits. Right to alienate (or mortgage) the right of usufruct except parental usufruct [572] * “After a usufrucruary has donated her usufructuary right over a certain property she cannot get it back on the ground that she did not own the properties” –[Seifert v. [599] 5. [594] 2.2] 3. [582] *”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. w/ or w/o interest the capital he has collected. Right 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 [579] 6. Right to bring action and oblige owner thereof to give him proper authority and necessary proof in a usufruct to recover property or a real right [578] 3.

If usufructuary shares in insurance of tenement in usufruct. if all of them perish w/o fault but due to contagious disease/uncommon event—deliver those that are saved. if perish in part due to accident—continue on remaining portion If usufruct was constituted on sterile animals—as if fungible. [591] . 3.[587] ** When the Security given. Notice of inventory of property (appraisal and description of movables) b. Liability for negligence or fault of substitute [590] 6. Those before the usufruct begins [583] a. when building forming part of the usufruct on immovable has been destroyed in any manner [607] {Same rule if Usufruct is constituted on building only} 2. Excused—allowed by owner. Net income may be converted into registered certificates or deposited in bank 3. Posting of security i. Not applicable to parents who are usufructuary of children except when 2 nd marriage was contracted and to donor who has reserved the usufruct of the property donated [584] ii. usufructuary has a right to proceeds and benefits to the day he is entitled to receive them(588) THOSE DURING THE USUFRUCT 4. may be replaced of same kind and quality. ** Court may grant petition not to deliver the furniture. Retain property as administrator but with obligation to deliver net proceeds(after deducting expenses of administration agreed upon or judicially allowed) to usufructuary until he gives sufficient security. Pay damages in case of usufruct of movable subject to deterioration if such was due to fraud or negligence of usufructuary. Capital & proceeds of sale of movables be invested in safe securities(Interest on proceeds or property under administration belong to the usufructuary) 4. If usufruct is constituted on animals—duty bound to replace dead animals that die from natural causes or became prey. but he must take an oath. he shall continue in enjoyment of the new one if one be constructed OR receive interest on the insurance indemnity. not required by law or no one will be injured [585] Failure to Give Security: owner may demand that: 1.PROPERTY 40 1. Take care property with diligence of a good father of a family [589] 5. implements or tools necessary for use of the usufructuary or industry as security and that he and his family be allowed to live in the house included in the usufruct. [587] ** Owner may refuse that articles with artistic or sentimental value be sold. and it was lost. [608] OBLIGATIONS OF THE USUFRUCTUARY 1. Pay expenses to 3rd persons for cultivation and production at beginning of the usufruct 2. These shall be delivered to him if he gives security to the usufructuary for the payment of legal interest on their appraised value. immovable be placed under administration 2. Right to make use of the land and materials.

Return the thing in usufruct to the naked owner unless there is a right of retention pertaining to him (usufructuary) or his heirs for extraordinary expenses or taxes it paid [612] 15. Alienate thing 2. Construct any works and make any improvement or plantings (if rural) provided it does not diminish the value of usufruct or prejudice the right of usufructuary [595] 3. Payment of annual charges and taxes affecting fruits [596] 11. Notify owner of any prejudicial act committed by 3rd persons [601] 13. Taxes and expenses imposed directly on capital 4. Permit works and improvements by the naked owner not prejudicial to the usufruct [595] 10.2] 4. 5. Pay Usufructuary the interest on the value (this actually is the insurance received for the destroyed building) of the land occupied and materials used by naked owner after constructing a replacement building in Usufruct of a Building which was destroyed. Indemnify the naked owner for any losses due to his negligence or of his transferees [589-590] RIGHTS OF NAKED OWNER 1. Extraordinary Expenses 2.PROPERTY 41 7. Right to occupy the land and to make use of materials on Usufruct of a Building which was destroyed and a new building was constructed by owner [607. Expenses after renunciation of usufruct 3. Liable for whatever may be lost by the usufructuary in usufruct of mortgaged immovables if these were sold. Payment of the legal interest on the amount expended by owner for extraordinary repairs [594] 16. Obliged to make ordinary repairs.required by wear and tear due to natural use of the thing and are indispensable for its preservation) 8. (*Ordinary Repairs. If expropriated for public use—owner may replace it or pay legal interest to usufructuary of net proceeds of the same. Payment of proper interest on the taxes on capital paid by the owner [597] 17. [609] 6. Pay debts when the usufruct is constituted on the whole of a patrimony [598] * Previously contracted debts only unless there is a contrary stipulation * Not liable for debts in excess of the value of the assets received unless contrary is intended 12. Demand the return of the thing if the abuse should cause considerable injury to him (owner). Of cattle/livestock (591) . Of property owned in common (582) 3. Notify the owner when the need for extraordinary repairs is urgent [593] 9. Pay annual net proceeds less expenses of administration if he demanded return of the thing after it was found out to be in bad use and causes injury to him [610] Special Usufructs (POC-VM-PDC) 1. Pay court expenses and costs regarding usufruct [602] THOSE AT THE TERMINATION OF THE USUFRUCT 14. [607.2] 7. but shall pay annual net proceeds less expenses of administration [610] OBLIGATIONS OF NAKED OWNER 1. Of pension or income (570) 2.

) 3. Total loss of thing 6. Express renunciation of usufructuary 5. It cannot consist in the doing of an act unless the act is accessory in relation to a real easement. 8. It is indivisible [618] 6. Merger of usufruct and ownership 4. [617] 5. Servitude is broader in scope. (The other property must be owned by another owner. the servient estate. Differences Between Servitude And Easement 1. Death of Usufructuary—unless contrary intention appears 2. Expiration of period of usufruct 3. Involves two neighboring estates. that which is subject thereto. On vineyards and woodlands (575-576) 5.PROPERTY 4. Over the entire patrimony (598) 7. In common law. Servitude is the term used in Civil Law Countries like Spain. Right is limited by the needs of the dominant owner or estate without possession 7. It is a limitation on the servient’s owner’s rights of ownership for the benefit of the dominant owner and therefore it is not presumed. while easement is used in commonlaw countries like England 2. Over the things which gradually deteriorate (573) 8.an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. It is inseparable from the estate to which it is attached and therefore cannot be alienated independently of the estate. (The immovable is understood in its common meaning such as lands. Termination of the right of the person constituting the usufruct 7. 2. Prescription 42 *Thing Loss in Part. right on the remaining part continues [604] *Usufruct cannot be constituted in favor of town. It is not understood in its legal sense under Article 415 where even birds and fish may be considered immovable properties. Servitude in Civil Law refers to both real easement (predial) or to a personal easement. Characteristics of Easement or Servitude 1. roads and constructions attached to the soil. corporation or association for more than 50 years[605] *Usufruct with duration dependent on the age of a person (expires when person attains a certain age) subsists even if such person die before the period expires unless usufruct is expressly granted only in consideration of the existence of such person [606] * Usufruct in favor of several persons not extinguished until death of last survivor [611] EASEMENTS OR SERVITUDES Easement. While in common law easement is always predial or real easement. 3. Of consumable property EXTINGUISHMENT OF USUFRUCTUARY [603] [DEMET-TP] 1. It is enjoyed over another immovable. Real right but will affect third persons only when registered.) 4. easement is just one form of servitude. buildings. The immovable in favor of which the easement is established is called the dominant estate. On mortgaged Property (600) 6. .

the owner of the tree (servient estate) has the obligation to allow the cutting of the invading roots [680. Example: i. Negative—one which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. Its cause must be perpetual (as long as the dominant and/or the servient estate exists unless sooner extinguished by the causes enumerated by law) CLASSIFICATION 1. Easement of intermediate distance [679] iii. Easement of aqueduct ii. (Also called SERVITUDES OF ABSTENTION or LIMITATION or RESTRICTION Examples: . Easement of right of way if there is no visible pathway or alley. Easement of right of way b. Easement of not building to more than a certain height 3. Apparent—those which are made known and continually kept in view by external signs revealing their use and enjoyment by the owner of the dominant estate. ii. Easement of lateral and subjacent support ii. Right of way if there is a permanent path constructed. If the roots of the tree would penetrate into the land of another. Example: Easement of right of way 2. Easement of right to support a beam on another’s wall iii.PROPERTY 43 9. According to the Manner they are exercised. [615] a.2] iii. Example: i.1] iv. According to Presence of Signs Indicative of their existence [615] a. Positive—one which imposes the duty on the owner of the servient estate to do something or to allow something to be done by the owner of the dominant estate. If branches of a tree extend over a neighboring estate. Easement of Dam Exception: An easement of aqueduct is always considered apparent for legal purposes [646] b. Easement of light and view b. the owner of the latter estate has the right to demand from the owner of the tree the cutting of the overreaching branches [680]. Easement of light and view in a party wall [668. iv. Non-Apparent—those which do not show signs of their use and enjoyment. Discontinuous—used at intervals and depend upon the acts of man. Continuous—their use is incessant or may be incessant without the intervention of any act of man. Window in a party wall which is visible to owners of the party wall ii. iii. (SERVITUDES OF SUFFERANCE or INTRUSION) Examples: i. According to purpose of easement or the nature of limitation or obligation of servient owner [616] a. Examples: i.

Easement of Drawing Water c.e. According to source or origin a. Voluntary—constituted by will or agreement of the parties or by a testator. By Final Judgment [623] . the owner of the servient estate can construct structures on his own tenement that could obstruct the light passing through the said opening. Easement of light created by the making of an opening in one’s own wall below the ceiling joists. According to party given the benefit a.[669] The owner of the other tenement cannot construct anything which will obstruct the entry of light. [668] ii. Easement of right of way for passage of livestock [657] 5. Right to impede or prevent the neighboring estate from performing a specific act of ownership. Right of Way b. the dominant owner can object to the construction of any barring structures only after the lapse of ten years following the receipt by the servient owner of a notarial prohibition restraining him from making such blocking structures. real (or predial)—for the benefit of another belonging to a different owner. continuous and non-apparent 3. Were it not for the easement. Easement of Party Wall d. Ex. discontinous and apparent 2. Easement of water where lower estates are obliged to allow water naturally descending from upper estates to flow into them. Ex. Easement of intermediate distances as when the servient estate cannot plant trees w/o observing certain distances. Right to get specific materials or objects from the servient estate. Ex. According to right given a. 6. Legal—constituted by law for public use or for private interest MODES of ACQUIRING EASEMENTS I. b.PROPERTY 44 i. Mixed—created partly by agreement and partly by law c. By Deed of Recognition [623] IV. By Title & Presciption(10 years irrespective of good faith or bad faith) 1. discontinous and non-apparent II. However. regarding a window in a party wall. Ex. personal—for the benefit of one or more persons or community Example: i. By Title 1. (Natural Drainage) [637] b. Example: i. III. Right to partially use the servient estate. Right to participate in ownership. from the day the opening or window was built [668] ) Negative: From the time Notarial Prohibition was made on the servient estate. continuous and apparent **Computation of time of Possession for acquisition through prescription [621] Positive: From the day the dominant estate began to exercise the right (i. Easement not to build higher structure which will block the easement 4.

Renounce totally the easement if he desires exemption from contribution to expenses [628] 4. Make on the servient estate all works necessary for the use and preservation of the servitude. By Apparent sign established by the owner of two adjoining estates should either of the estates are alienated. which is farther and requires turning at a sharp angle. Pay for expenses incurred for the change of location or form of the easement [629. unless the contrary has been stipulated. Select convenient time and manner d. Must be at his own expense b. Must not alter the easement nor render it more burdensome [627. Notify the servient owner of works necessary for the use and preservation of the servitude [627. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner [627.1] 3. unless there’s an agreement to the contrary [628. even if indemnity for the right is given (as in the case of easement of right of way) [649]. unless at the time the ownership is divided the contrary is provided in the title of conveyance OR sign removed before execution of deed [624] VI. Lazo) 3. Use the easement unless deprived by stipulation provided that the exercise of the easement is not adversely affected [630] and provided further that he contributes to the expenses in proportion to benefits receives. he may be restrained by injunction—Resolme v.PROPERTY 45 V.2] 2. w/o injury to the dominant estate.2] 3. Retain ownership and possession of the portion of the estate on which the easement is established [630]. restore conditions to status quo at his expense plus damages. as when the servient owner fences the original right of way.1] RIGHTS OF THE SERVIENT ESTATE OWNER [RUC] 1.2] OBLIGATIONS OF THE SERVIENT ESTATE OWNER (PRIC) 1. Contribute to the necessary expenses if there are several dominant estates in proportion to the benefits derived from the works [628.1] . provided that an equally convenient substitute is made. Cannot impair the use of the easement [629.2] 4. citing Sanchez Roman) (In case of obstruction. and offers an inconvenient substitute. Exercise the easement and all necessary rights for its use including accessory easement [625] 2.2] 3. [629. In case of impairment. Cannot alter the easement or render it more burdensome [627. Ask for mandatory injunction to prevent impairment of his use of the easement [Resolme v. Must notify the servient owner c. BUT a. (Paras.1] 2. 2. Lazo] OBLIGATIONS OF THE DOMINANT ESTATE OWNER [ANCC] 1. By Exproriation *Absence of a document or proof showing origin of an easement w/c cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate OR by a final judgment RIGHTS OF THE DOMINANT ESTATE OWNER (EMRA) 1. Change the place or manner of the use of the easement.

MERGER in the same person of the ownership of the dominant and servient estates. nor increase the velocity of the descent by maing the ground more impervious or less absorbent. *Merger must be absolute. but he may construct works preventing erosion [Law on Waters]. Natural Drainage of Buildings [674] 3.2] MODES OF EXTINGUISHMENT OF EASEMENTS [631] (MN BERR) 1. and in the absence thereof. by the Civil Code. if easement is temporary or conditional. NON-USER for 10 Years. Easement Against Nuisance 8. unless there is a contrary stipulation. Intermediate Distances and Works for Certain Constructions and Plantings 7. Easement of a dam [639. Contribute to the expenses in case he uses the easement. 5. . salvage and towpath [638] 4. Drainage of Building 6. Natural Drainage of Lands [637] 2. (But shall revive if the subsequent condition again permit its use unless prescription takes place. [628. Easement on riparian banks for navigation. 4. fishing. 647] 5. [633] 3. Easement of Right of Way 3.PROPERTY 46 4. RENUNCIATION of the owner of the dominant estate 6. How computed? 1. Easement Relating to Waters 2. Easement for the construction of a stop lock or sluice gate [647] Natural Drainage of Lands *Servient Estate owner cannot construct works that would divert the flow of water or burden another tenement. in such a case that it cannot be used. Easement of aqueduct [643-646] 7. Easement of Light and View 5. Discontinuous: from the day on which they ceased to be used 2. complete. nor enclosed his land by ditches or fences which would impede the flow *Dominant Estate owner cannot collect water. LEGAL EASEMENTS. REDEMPTION agreed upon between the owners of the dominant and servient estates. KINDS: (WRPL DIAL) 1. Easement for drawing water or for watering animals [640-641] 6.are those imposed by law having their object either public use or the interest of private persons. not temporary. floatage. They shall be governed by the special laws and regulations relating thereto. 2. EXPIRATION of the term of the fulfilment of the condition. BAD CONDITION of either or both of the tenement. Easement of Party Wall 4. Continuous: from the day on which an act contrary to the same took place *Use by at least one co-owner of the dominant estate of the easement prevents prescription as to the others inasmuch as an easement is indivisible. Lateral and Subjacent Support EASEMENTS RELATING TO WATERS [DD R DD AC] 1.

[674] *If Tenement or Land is subject to easement of receiving water falling from roofs—owner of such tenement may build in such manner as to receive the water upon his own roof or give it another outlet [675]. [638] *Width Zone: (a) 2 meters—animals (b) 1 meter—pedestrians Easement of a Dam *Purpose: To divert or take water from a river or brook or for the use of any other continuous or discontinous stream.PROPERTY 47 *If the descending waters are the result of artificial development or proceed from industrial establishments recently set up or are the overflow from irrigation dams. Those in the lower areas may be receiving in their roofs rain water coming or falling from neighboring roofs. canal or other inland waterway. Conditions: (a) No adequate outlet for rain water (b) Outlet must be at the point of easiest egress (c) least possible damage (d) payment of proper indemnity [676] Easements along Riparian Banks *This whether the bank be private or public and whether the river be navigable or not. [638] *Entire Length and Width of Zone Burdened of 3 meters along the river margins Easements of TOW PATH *Towpath: road or track that runs alongside the banks of a river. This is applicable in places where buildings are constructed in mountainous or elevated areas and roofings are of different heights.. *Owner is obliged to collect the water without causing damage to the adjacent land or tenement. the purpose of which is to allow a land vehicle. often a barge. *Banks must be navigable or floatable rivers. the owner of the lower estate shall be entitled to compensation for his loss or damage. [639] Construction of stop lock or sluice gate [647] *Requisites: (a) Purpose must be for irrigation or improvement (b) Construction must be on the estate of another (c) Damages must be paid (d) Third persons should not be prejudiced Easement for drawing water or for watering animals *Only for reasons of public use in favor of a town or village after indemnity. [640] . Servient owner should provide an outet for the passage of falling water to public street. *Outlet of Rain Water through surrounding houses—like compulsory easement of right of way. (Law on Waters) Drainage of Buildings *Owner of Building must construct its roof in such manner that the rain water falls on his own land or on a street or public place. *Person who is to construct and not the owner of the supporting lands or banks must pay indemnity. animal or a team of human pullers to tow a boat.

[653] * If right of way is permanent—necessary repairs are made by the dominant estate owner. In case of simple donation. 6. {The new access must be adequate and convenient} . Show that the proposed right of way is the most convenient and the least onerous to 3rd persons 3. [645] EASEMENT OF RIGHT OF WAY -easement or privilege by which one person or a particular class of persons is allowed to pass over another’s land.. 3. which cannot be altered by owners of the servient estates. He shall pay a proportionate share of taxes to servient estate (According to Paras “Proportionate” means the WHOLE tax for the whole estate) [654] * EXTINGUISHMENT OF EASEMENT OF RIGHT OF WAY(Legal/Compulsory Right of Way) [655] –Not automatic as the law says servient owner “may demand” 1. 2. There must be no adequate outlet to a public highway. There must be payment of proper indemnity. the direction of the path may be changed. The isolation must not be due to the claimant’s own act. Prove that he can dispose of the water and that it is sufficient for the use for which it is intended. Permanent Passage: Value of Land occupied + Amount of Damage to Servient Estate b. annexes or outhouses or orchards or gardens already existing. 2. The right of way must be absolutely necessary. Opening of a new road 2. Claimant must be owner of enclosed immovable or one with real right. 4. Indemnify the owner of the servient estate * Cannot be imposed on buildings.. Joining the dominant estate to another(that is the latter becomes also the property of the dominant owner) which abuts and therefore has access to the public highway. vendor.PROPERTY 48 *Servient estates owners has obligation to allow passage to persons and animals to place where easements are to be used. Requisites: [650] (OANILI) 1.e. The easement must be established at the point least prejudicial to the servient estate. also with indemnity [641] Right of way have a maximum width of 10 meters. 5. *Basis of Indemnity: [649] a.(for private interests) [644] * Possible Ways: (a) Construction of an open or covered canal (b) construction of tubes or pipes * Servient owner may still enclose or fence the servient estate or even build over the aqueduct so long as no damage is caused or repairs and cleanings become impossible.. The donor however is not required to pay indemnity. Necessary Passage (i. exchanger) is surrounded by his (grantor’s) other estates he shall be obliged to grant right of way w/o indemnity to him. courtyards. usually through one particular path or line. Easement of Aqueduct * Requisites: Dominant estate owner must [643] {PSI} 1. cultivation of estate): Amount of Damage * Width is dependent on the sufficient needs of the dominant estate [651] * If the land conveyed by the grantor (i. donor is indemnified if a right of way is established [652] * If it is the land of the grantor that was isolated he may demand a right of way after paying indemnity. However. provided use of easement is not prejudiced.e. co-owner.

[656] *Easement of Right of Way for the Passage of Livestock: [657] Width (Maximum): a. CO-OWNERSHIP PARTY WALL Shares of parties cannot be physically segregated but they can be physically identified No limitation as to use of the party wall for exclusive benefit of a party Owner may free himself from contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto CO-OWNERSHIP Shares of the co-owners can be divided and separated physically but before such division. PARTY WALL vs. Fences. Title to the contrary b. It is a forced coownership. Dividing walls of gardens or yards situated in cities.PROPERTY 49 *Temporary Easement of Right of Way: As when it is indispensable for the construction. Animal Path—75 meters b. Exterior signs to the contrary c. EXTERIOR SIGNS NEGATIVING EXISTENCE OF PARTY WALL [660] (WOBB CSI) (1) Whenever in the dividing wall of buildings there is a window or opening . Animal Trail—37. alteration or beautification of a building to carry materials to estate of another. Dividing walls of adjoining buildings up to the point of common elevation 2. walls and live hedges dividing rural lands How Presumption rebutted? a. repair. 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. Proof to the contrary *Title prevails over a mere exterior sign. towns or in rural communities 3. enclosures or hedges by the owners of adjacent buildings and estates separated by such objects. fence. improvement. Passageway for animals under 640/641 for watering—10 meters EASEMENT OF PARTY WALL -refers to all those mass of rights and obligations emanating from the existence and common enjoyment of wall.5 meters c. a co-owner cannot pinpoint to any definite portion of the property as belonging to him None of the co-owners may use the community property for his exclusive benefit Partial renunciation is allowed PRESUMPTION THAT A WALL IS A PARTY WALL [659] 1.

Must pay the necessary damages caused even if damage is temporary 3. Must do so at his own expense 2. gardens. Must bear the costs of maintenance of the portion added 4. [666] EASEMENT OF LIGHT AND VIEW * Consent of part-owners of a party wall necessary in opening a window [667] Easement of Light. [661] * Proportionate contribution to repairs and construction similar to co-ownership. (5) Whenever the dividing wall between courtyards. Easement of View-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. (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. Must reconstruct if original wall cannot bear the increased height 6. * Presumption of party wall applies to ditches and drains opened between two estates. *Coping: highest or covering course of a wall often of tile and usually with a sloping top to carry off water and commonly cut with a drip (6) Whenever the dividing wall. But there is a rebuttable presumption: if a deposit of dirt is on one side alone. Must pay for the increased cost of preservation 5. owner of that side is considered owner of the ditch. but not on the other. has stepping stones. and tenements is constructed in such a way that the coping sheds the water upon only one of the estates. which at certain intervals project from the surface on one side only.PROPERTY 50 (2) Whenever the dividing wall is. [663] * Requisites for Increasing the Height of the Party Wall [664] [DP BP RG] 1. [665] * Use by the co-owners of the wall is in proportion to their right in the co-ownership. unless the other owners(who have not contributed in increasing height or depth) pay proportionally the value of the work at the time of the acquisition by other persons outside the original part-ownership and of the land used for its thickness. being built of masonry. He however bears the cost of repairs necessary to prevent damage which the demolition may cause.right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. but not those of the others. floors and roof frame of one of the buildings. it has similar conditions on the upper part. and on the other. (3) Whenever the entire wall is built within the boundaries of one of the estates. (4) Whenever the dividing wall bears the burden of the binding beams. Must give the necessary additional space of his land if wall is to be thickened *One desiring the increase height or depth shall be the exclusive owner of the additions. straight and plumb on all its facement. *Period of Prescription how counted? [668] . the latter is exempt [662] * When owner of the building supported by a party wall desires to demolish the building he may also renounce his part-ownership of the wall. on one side. but the lower part slants or projects outward. unless there is total renunciation of the share of one owner.

From the time of the formal prohibition upon the proprietor of the adjoining land or tenement. [678] * Planting of trees subject to distances provided by ordinances or customs if there be none. square ii. Any stipulation permitting distances less than the prescribed under Art. *Construction of Aqueduct. machinery or factory w/c are dangerous or noxious not should observe the distances prescribed regulations and customs of the place. * When distances under Art. Rufino) --This is measured from the dividing line between the two properties. 670 is void. Direct View—gaining of direct sigt from an opening in a wall parallel to the boundary line w/o having to extend out or turn one’s head to see the adjoining tenement. furnace. If both not present: [679] . sewers. forge. stable. [673] INTERMEDIATE PLANTINGS DISTANCES AND WORKS FOR CERTAIN CONSTRUCTIONS AND *No constructions and plantings near fortified places or fortresses [677] --Fortified Places/fortresses—military structure for the defense of the State against foreign aggression. owner of a wall w/c is not a party wall adjoining a tenement or a piece of land belonging to another may make in it openings to admit LIGHT: [669] i. Wells. There must be an iron grating imbedded in the wall iii.PROPERTY 51 a. 670 applicable to buildings separated by a public way or a public alley which is not less than 3 meters wide. * Distances in Art. depository of corrosive substances. if the window is through a wall on the dominant estate. Maximum size—30cm. No waiver or alteration by stipulation is allowed for reasons of public safety. the owner of the servient estate cannot build thereon at less than a distance of 3 meters. chimney. 670 not observed. From the time the opening of the window if it is through a party wall b. There must be a wire screen --This is referred to as RESTRICTED WINDOWS *Rules for REGULAR WINDOWS (670) Direct View: At least 2 meters distance between the wall having the windows and the boundary line. [672] * When a right has been acquired to have direct views. such that to be able to see the adjoining tenement there is a necessity for putting out or turning one’s head either to the left or to the right. Side/oblique view—gaining of sight of the other tenement from an opening made at an angle with the boundary line. --This is measured from the outer line of the wall when the openings do not project OR from the outer line of the openings when they project [671] Side/Oblique View: At least 60 centimeters between the boundary line and nearest edge of the window (Santos v.

* Fruits naturally falling upon adjacent land belong to the owner of said land [681] EASEMENT AGAINST NUISANCE --Forms of Nuisance [682][N-JOSH-DWG] 1. noise 2. dust 7. smoke 5.(minimum) from boundary line to center of tree or shrub --This is applicable even if trees have grown spontaneously.PROPERTY a. jarring 3. water 8. offensive odor 4. Small trees or shrubs—50 cm. glare 52 . heat 6. Tall trees—2 meters(minimum) from boundary line to center of the tree b.

Civil code is suppletory. The action is for proceedings is allowed to damages. * When servient estate owner bound himself to pay the cost of maintenance work. establishment. this is not necessarily so in nuisance. [691] * Governing Rules for Voluntary Easements: [692] a. condition of property or anything else which [IASOH] 1. business. title governs and Civil code is suppletory b. Injures or endangers the health or safety of others (Ex. in nuisance it is only consequential. Subjacent Support—support when the supported land is above and the supporting land is beneath it.PROPERTY 53 LATERAL AND SUBJACENT SUPPORT Lateral Support--support when the supported and supporting lands are divided by a vertical plane. suppress the nuisance Abatement Nuisance vs. Annoys or offends the senses (Ex. defies. . form and manner in which it had been acquired governs. too much blowing of horns) 3. * Any stipulaton or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void [685] * Applicability is not only for standing buildings but also for future ones to be erected. which if diminished through diggings or excavations may cause crumbling or sliding of the neighboring land. House of prostitution) 4. Market Stalls constructed on streets) 5. Garbage cans. which if diminished through diggings or excavations may cause sinking of the neighboring land. If created by title. he may free himself if he renounces his property to the dominant estate owner [693] NUISANCE [694] -. omission. Trespass --In trespass there is entry into another’s property. Obstructs or interferes with the free passage of any public highway or street or any body of water (Ex. or disregards decency or morality (Ex. Shocks. But once a co-owner gave his consent he cannot revoke it. Factory causing pollution or house in danger of falling) 2. Consent need not be given simultaneously. If created by prescription. [689] * Both the naked and beneficial owner’s consent is necessary if a perpetual voluntary easement is to be established [690] * Consent of all co-owners necessary in order to impose an easement over the undivided tenement or land. Nuisance Basis Condition of the act Negligence Nuisance Liability is based on lack of Liability attached regardless of proper care or diligence the degree of care or skill exercised to avoid injury Act complained of is already There is continuing harm done which caused injury to being suffered by the the plaintiff aggrieved party by the maintenance of the act or thing which constitutes the nuisance Abatement is not available as Abatement w/o judicial a remedy. Illegal construction on another’s land) Negligence vs. [686] VOLUNTARY EASEMENTS * Consent of the usufructuary is not necessary if the Naked Owner imposes any servitude on the land or tenement as long as it does not injure the usufructuary.Any act. Hinders or impairs the use of property (Ex. --In trespass the injury is direct and immediate.

those abatable judicially iv. (Ex. DOCTRINE OF ATTRACTIVE NUISANCE “One who maintains on his estate or premises an attractive nuisance (which is a dangerous instrumentality or appliance which is likely to attract children). artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location. even if the child is technically a trespasser in the premises. those abatable by criminal and civil actions ii. Criminal Prosecution 2. those abatable extra-judicially C. An easement of a dam which was considered a nuisance was not used for 10 years [698] Remedies against Public Nuisance 1. Non-user for ten years of an easement. those abatable only by civil actions iii. Demand was rejected 3. ex. Civil Action 3. New Classification A. [695] ii. According to the Civil Code i. A noisy factory in a residential district) 2.PROPERTY 54 CLASSIFICATION OF NUISANCE 1. According to relief (whether given or not) i. Abatement is approved by district health officer and executed w/ local police assistance 4. Abatement w/o judicial proceedings *All remedies may be simultaneously pursued * Civil action is commenced by the Mayor [701] * District health officer determines w/n extra-judicial abatement is the best remedy [702] * A private person may file an action against a public nuisance if it is specially injurious to him [703] Conditions for extra-judicial abatement of a public nuisance by a private person 1. non-actionable B.” --The principal reason for the doctrine is that the condition or appliance in question although its danger is apparent to those of age. PRIVATE—that which is not public or only affects certain individuals or affects private rights [695] *There may be a MIXED NUISANCE or which affects both public and private. According to manner of relief i. nuisance per accidens—a nuisance only because of the location or other circumstances. and this attractiveness is an implied invitation to such children. As when it affects the community but there is a special injury to a private person. Thus a swimming pool or reservoir of water is considered an attractive nuisance. House of prostitution) b. is so enticing or alluring to children of tender years as to induce them to approach. Demand to owner or possessor of property 2. nuisance per se—always a nuisance (Ex. without exercising due care to prevent children from playing therewith or resorting thereto is liable to a child of tender years who is injured thereby.000 . PUBLIC—affets a community or neighborhood or any considerable number of persons although the extent of annoyance. get on or use it. actionable ii. danger or damage be unequal. * Successor of a property constitution nuisance is liable if he did not remove it—[696] * Abatement for nuisance does not preclude recovery of damages for its past existence—[697] * Lapse of time cannot legalize any nuisance except. --Generally not applicable to bodies of water. Value of destruction does not exceed P3. Example: A house abutting on a street railway track is a private nuisance to the railway company and a public nuisance because it obstructs the street. Old Classification a.

Prescription . Occupation 2. cancellation. To prejudice third persons (unless they have actual knowledge of the transaction concerned) [709] 3. registration under wrong system. Intellectual Creation 6. he causes unnecessary injury b. [708] Registration—any entry made in a book or public registry of deeds. effects and cancellation of registration.e. 4. i. *Registration does not vest title. the book of registry iii. To give true notice of the real status of real property and real rights thereto 2. “Register” This may refer to: i. an alleged nuisance is later declared by courts not a real nuisance [707] REGISTRY OF PROPERTY --has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. Donation 4. Abatement w/o judicial proceedings * A private person injured by a private nuisance may abate it by removing/destroying w/o committing breach of peace. the official concerned Three systems of registration in the Philippines 1. and the manner of keeping the books and the value of the entries contained in said books [711] MODES OF ACQUIRING OWNERSHIP [712] (OLDTIPS) 1. Tradition 4. Registration under the Spanish Mortgage Law 3.e. Civil Action 2. it is not a mode of acquiring ownership *The books in the Registry of Property shall be public for those who have known interest in ascertaining the status of the immovable or real rights annotated or inscribed therein [710] *Reference to special laws must be made to determine what titles are subject to registration. To record acts or contracts (transmissions and modifications of ownership and other eal rights over real properties) Note: Registration does not validate or cure a defective instrument like a forged deed. thus insuring the effectivity of real rights over real property. Registration under Sec. 194 of the Revised Administrative Code. the office concerned iv. annotation. marginal notes. Procedure for extra-judicial abatement of a public nuisance by a private person is indispensable. *Registration cannot bind property where it is legally ineffective i.PROPERTY 55 Remedies against a private nuisance 1. Registration under the Land Registration Act (Torrens System) 2. as wel as the form. Law 3. the act of recording or annotating ii. [706] * A private person extra-judicially abating a nuisance is liable for damages if: a. as amended by Act 3344 Purposes of Registration 1. To prevent the commission of frauds.

adjunction. Donation 3. accession. Hidden treasure * Ownership of a piece of land cannot be acquired by occupation [714] *Right to hunt and fish regulated by special laws [715] (such as Fisheries Act.PROPERTY 56 7. Domesticated Animals -may be redeemed w/in 20 days from occupation of another person. There must be intent to appropriate 5. -land owner shall occupy/retain bees if after 2 days. fruits falling on another’s land 5. paying damages to the owner of the latter’s land. barter. Occupation 2. Succession A. Prescription 4. rights under 438 acquired [718] . Abandoned movables 4. Derivative Modes—somebody else was the owner before 1. assignment. Hunting Law. declaring close and open season) ANIMALS [716/717] 1. Law (Alluvium. The requisites or conditions of the law complied with Things susceptible to Occupation [713] 1. Requisites: (SCA-IC) 1. Hidden Treasure found on another’s property. Intellectual Creation or work B. and accomplished according to legal rules. Act 1499 prohibition on use of explosives and poisons for fishing. Swarm of bees -owner shall have a right to pursue them to another’s land. owner did not pursue the bees 2. Original Modes—independent of any pre-existing or preceding title or right of another 1. animals that are object of hunting and fishing 3. There must be seizure or apprehension (the material holding is not required as long as there is right of disposition) 2. The property seized must be susceptible of appropriation (either abandoned property or unowned property) 4. Things w/o owner 2. they shall be owned by the owner thereof provided they are not enticed. MOVABLES 1. abandonment of river beds. shall pertain to one who caught them if no redemption made w/in the period 3. made with the intention of acquiring them. The property seized must be corporeal personal property 3. Tradition. Pigeons and fish -when they go to another breeding place. as a consequence of certain contracts (like sale. Succession 2. TITLE Mode Directly produces real right Proximate cause The true cause (or process) Essence of right w/c is to be created or transmitted Creates a real right Title Serves merely to give occasion for its acquisition or existence Remote cause The justification for the process Means whereby essence is transmitted Creates a personal right OCCUPATION --The acquisition of ownership by seizing corporeal things that have no owner. simple loan or mutuum) MODE vs.

Movable found w/c is not treasure [719/720] a. The author with regard to his literary. if owner appears. he may be charged with theft c. incorporeal right granted by statute to the author or originator of certain (literary or artistic productions whereby he is invested. must be returned to owner b. POSSESSION Occupation Mode of acquiring ownership Applies only corporeal personal property The thing is w/o owner There is intent to acquire ownership Takes place w/ some form of possession Generally with short duration Cannot lead to another mode of acquisition OCCUPATION vs. The painter. The scientist or technologist or any other person with regard to his discovery or invention. his heirs or assigns for the term thereof (20 years under Intellectual Property Code) . scientific or other work. [723] (Letter here means paper with words. *Works of Government are exempted from copyrights. Patent—an exclusive right to an invention granted to the patentee. Publication of such requires consent of writer or heirs except for reasons of public good of interest of justice.PROPERTY 57 2. philosophical. give to mayor. with the sole & exclusive privilege of multiplying copies of the same & publishing and selling them. The composer as to his musical composition. if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after publication OCCUPATION vs. if owner is unknown. sculptor. with respect to the product of his art. because the ideas or thoughts really belongs to the sender) Some Terms: Copyright—an intangible. 2. thing is awarded to finder e. he is obliged to pay 1/10 of value of property to finder as reward [720] f. When ownership takes place? [722]  Author & Composer—Before publication (Copyright Laws govern after publication)  Painter/Sculptor—before copyrighted  Scientist/technologist—before patented *Ownership of letters and private communications belong to the person to whom they are addressed and delivered. if owner does not appear 6 months after publication. 4. 3. legal. PRESCRIPTION OCCUPATION Original Mode Shorter period of possession Possession Raises presumption of ownership (concept of an owner) Applies to both corporeal and incorporeal Thing is w/ owner Possession may be had in the concept of mere holder Takes place w/o occupation Usually takes place with longer duration Can lead to acquisition through prescription PRESCRIPTION Derivative Mode Generally longer period of possession INTELLECTUAL CREATION Persons who may acquire ownership through intellectual creation [721] 1. or other artist. dramatic. if finder retains. mayor shall announce the finding of the movable for two consecutive weeks d. for a specified period. historical.

Consequent impoverishment of the donor (diminution of his assets) Kinds of Donation A. Ex. generosity. Delivery. the value of instruction being P90K 4. As to consideration 1. (The services here do not constitute recoverable debts. Unilateral—obligation imposed on the donor b. inter vivos—takes effect during the lifetime of the donor 2. Form—depends on value of donation Essential Elements/features of a true donation a. 3. must not impair legitime 2. Alienation of property by the donor during his lifetime. Subject Matter—anything of value. Aesthetic creations f. charity. Not Patentable: a. with no strings attached. Irrevocability by the donor c. Animus Donandi d. Consensual—perfected at the time donor knows of the acceptance [734] Requisites: (CIDA) 1. debt 3. Discoveries. He must have the donative intent (animus donandi) or intent to make the donation out of liberality to benefit the donee. mortis causa—takes effect upon the death of the donor 3. whether actual or constructive of the thing or right donated 4. Remuneratory—purpose: to reward past services. The donor must have capacity to make the donation of a thing or right 2. A donated land worth P2M to B but B has to give A a Ford Expedition worth also P2M. Methods for treatment of human or animal body d. scientific theories. MODAL—purpose: to reward future services or because of certain future changes or burdens or charges is less than the value of donation.) Ex. Simple—the cause is pure liberality (no strings attached) 2. charges or future service equal in value to that of the thing donated. Ex. Donee must accept or consent to donation Requirements of a Donation 1. present property & not future. A donates to B a parcel of land worth P700K but B should give A a ring worth P150K or teach him certain things. (Case law provides that this is not really a donation) B. in praesenti—to be delivered in future (also considered inter vivos) . Computer Programs c. 3. past service. goodwill. Causa—anything to support a consideration. Patentable—refers to something suitable to be patented. Capacity to donate and dispose and accept donation 4. Plant varieties or animal breeds e. Onerous—here there are burdens. Contrary to public order or morality DONATION --An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it. To be patentable. process or improvement must embody a new idea or principle not before known and it must be a discovery as distinguished from mere mechanical skill or knowledge. A donates a parcel of land to B who had previously helped him review the bar exams. [725] Characteristics: a. which is accepted b. a device.PROPERTY 58 Patent Infringement—act of using or selling any patented invention w/o authority during the term of the patent and this includes one who induces the infringement. mathematical methods b. As to effectivity 1.

Incorporeal—donations of alienable rights INTER VIVOS Takes effect independently of the donor’s death Made out of donor’s pure generosity MORTIS CAUSA Takes effect upon the death of the donor Made in contemplation of his death without the intention to lose the thing or its free disposal in case of survival Title conveyed to the donee before the donor’s Title conveyed upon donor’s death death Valid if donor survives donee Void if donor survives donee Generally irrevocable during donor’s lifetime Always revocable at anytime and for any except for grounds provided by law reason before the donor’s death Must comply with the formalities required by Must comply with formalities required by Law Law on donations on Succession Must be accepted by the donee during his Can only be accepted after the donor’s death lifetime Subject to donor’s tax Subject to estate tax Instances of Donation Inter Vivos 1. where in case of gratuitous contracts the least transmission of rights and interests must prevail. * Fixing of an event or imposition of a suspensive condition. Right to dispose and enjoy reserved by donor * In case of doubt the conveyance should be deemed Mortis Causa in order to avoid uncertainty as to the ownership of the property. Donation was executed out of love and affection as well as a recognition of the personal services tendered by the donee 4. Donor warrants title to property over which she reserved life time usufruct 2. Causes of revocation specified 6. Usufruct reserved by the donor Instances of Donation Mortis Causa 1. Donations of personal property 2. in case of remuneratory donations where the portion exceeds the value of burden. irrevocable and consummated donation 7. Donation was accepted by donees who were given limited right of disposition. The legal principle enunciated in Art.PROPERTY 59 4. From the viewpoint of object donated 1. Donation to take effect and pass title only by and because of death 3. Ownership and possession of property immediately transferred to donee but his right to fruits begin only after donor’s death 5. excess is governed by contracts and the remaining. Registration of deed of donation prohibited 2. w/c may take place beyond the natural expectation of life of the donor does not affect the nature of a donation inter vivos unless a contrary intention appears [730] * Donation subject to the resolutory condition of the donor’s survival is a donation inter vivos [731] *Donations w/ an onerous cause governed by rules on contracts. propter nuptias—on the occasion of marriage C. Donor and donee prohibited from alienating and encumbering the property 8. with donor reserving beneficial ownership 3. 1378 applies. Donations of real property b. Corporeal a. Donor states that he makes a perfect. rules on donations [733] .

[738] 2. legal representatives if needs written acceptance i. order of community where the priest belongs 6. Made to an attesting witness to the execution of donation. who took care of the donor during his last illness 7. Made to the Priest who heard confession of donor during his last illness or the minister of the gospel who extended spiritual aid to him during the same period 5. Made by individuals. Made b/w persons found guilty of the same criminal offense in consideration thereof 3. descendants and ascendants by reason of his office 4. Made to public officers or his/her spouse. Conceived and unborn child represented by person who would have been guardian if already born. or to the spouse. if there is any. natural guardian—not more than 50K ii. church. court appointed—more than 50K 3. relatives who by law are entitled to his support . specifying the property donated and the value of charges the donee should satisfy Acceptance may be made in the same deed or separately. by themselves i. associations or corporations not permitted by law to make donations 10. if pure and simple donation ii. * Donations of the same thing to two or more different donees governed by the provisions on Double Sale [744] * Donee must accept donation personally or through an authorized person with special power of attorney or one with a general and sufficient power [745] * Acceptance s/d be made during lifetime of both donee and donor [746] Donation of Movables [748] Orally or in writing If oral—simultaneous delivery of thing or document representing right required If value of personal property exceeds P5. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir. but must be made during the lifetime of donor Acceptance in a separate document requires notification to donor in an authentic form What may be given? LIMITATIONS ON DONATION OF PROPERTY [750] • All or part donor’s present property provided he reserves sufficient means for the support of the following: a. Minors & other incapacitated a. Natural and juridical persons w/c are not specially disqualified by law. himself b. Made between persons who are guilty of adultery and concubinage at the time of donation 2. if it does not require written acceptance b. nurse etc. Donation of Immovables [749] Must be in a public document. Made by a ward to the guardian before the approval of accounts 8. by guardian. Made to Relatives of priest w/in the 4th civil degree.000 donation and acceptance must be in writing Non-compliance w/ foregoing renders donation void. Made to a Physician. or children or anyone claiming under them 9.PROPERTY 60 Who May Give Donations? All persons who may contract and dispose of their property [735] Therefore: Guardians and trustees cannot donate property entrusted to them [736] * Donor’s capacity determined as of the time of making the donation [737] Who may accept donations? 1. parents. [742] PROHIBITED DONATIONS 1.

[754] *Donor may make reservations to dispose part of the object donated. even though they be dead b. w/o accretion. unless there is an agreement to the contrary. mortis causa and propter nuptias(which cannot be reduced. may be reduced on petition of persons affected. Donor however is not obliged to warrant the thing donated except when donation is onerous. as they are only revocable on grounds expressly provided by law) *When donation is made to several persons jointly. 750 does not apply to onerous donation. This rule is not applicable to donations made to husband and wife jointly. except servitudes 4. When the donation is made to several donees jointly they are entitled to equal portions. if the donor should adopt a minor. In donations propter nuptias. Donee may demand the delivery of the thing donated 2. • Donations should not prejudice 3rd persons • Future property cannot be donated [751] Note: Art. unless the contrary is stipulated REVOCATION OR REDUCTION OF DONATIONS REVOCATION WHEN DONOR DOES NOT HAVE CHILDREN DURING DONATION. Donor’s warranty exists if: (a) expressed (b) donation is propter nuptias (c) donation is onerous (d) donor is in bad faith 5. --The reduction or revocation is only insofar as it exceeds the portion that may be freely disposed of by will after taking account the whole estate of the donor at the time of existence of the abovementioned events. if the donor after the donation should have legitimate or legitimated or illegitimate children. The donee shall not be responsible to debts exceeding the value of property donated. but if he dies it pertains to the donee. Return the property.PROPERTY 61 c. it is understood to be in equal shares and there is no right of accretion among them unless the donor otherwise provides. unless a contrary intention appears. CONDITIONS TO TAKE EFFECT [760] a. Donor is liable for hidden defects in case there is bad faith. Donee is subrogated to the rights of the donor in the property 3. It is considered in fraud of creditors when the donor did not reserve sufficient property to pay debts prior to donation [759] EFFECTS OF DONATION 1. . [755] *The donation of naked ownership and usufruct may be made to different persons provided all the donees are living the time of donation [756] * Reversion may be established in favor of the donor and to other persons(who are living at the time of donation). the donor must release the property from encumbrances. [758] * Donee is responsible to pay debts even if there is no stipulation if the donation was made in fraud of creditors. [761] What the donee must do after reduction or revocation? [762] 1. if the child of the donor. Stipulations by the donor in favor of 3rd persons who are not living at the time of donation is void but shall not nullify the donation [757] * Stipulation that donee should pay debts of the donor applicable only to debts contracted previous to the donation. whom he believed to be dead should turn out to be alive c. legitimes shall not be impaired if he has forced heirs • When there is no reservation of the abovementioned or if donation is inofficious. [753] *Donee is subrogated to all rights of donor in case of eviction.

The compulsory heirs of the donor (whether children. Alienations or mortgages made by donee void.. Prescription of action for revocation or reduction: after 4 years from the birth of the first child or from his legitimation.PROPERTY 62 2. 3. [764] REVOCATION BY REASON OF INGRATITUDE [765] [CIR] (1) If the donee should commit some offense against the person. unless the crime or the act has been committed against the donee himself. Action is not renounces and transmitted upon donor’s death to legitimate and illegitimate children and descendants. Ingratitude [765] b. Donee killed the donor (donor never had the chance to revoke) 2. [770] --Exceptions: 1.Action cannot be renounced in advance. his wife or children under his authority (3) If he unduly refuses support to donor when the donee is legally or morally bound to give support to the donor. If it was mortgaged donor may pay the debt subject to reimbursement from the donee. voluntary heirs of the donor (friends. or of his wife or children under his parental authority (2) If the donee imputes to the donor any criminal offense. Return the value at the time of perfection of donation if property lost or totally destroyed.) 2.Alienations and mortgages effected before the notation of the complaint for revocation in the Registry of Property shall subsist. even though he should prove it. Inofficiousness of the donation because the legitime is impaired [771] 3. creditors of the deceased Prescriptive Period to reduce or revoke: 5 Years from the time of donor’s death * Preference on reduction is given to earlier donations. therefore the subsequent donations must first be reduced [773] Revocation vs. Fruits received after failure to fulfill the condition/s must be returned if the ground is NonCompliance with any of the conditions imposed. [764] *Actions are not transmissible to the heirs if the donor did not institute the same. Action for revocation prescribes in four years and also transmissible to heirs and may be exercised against donee’s heirs. And also actions cannot be brought against the donee’s heirs unless the complaint was filed upon his(donee’s) death. ascendants or surviving spouse) 2. The heirs and successors-in-interest of the compulsory heirs PERSONS WHO CANNOT ASK FOR REDUCTION OF INOFFICOUS DONATION upon donor’s death [772] [VDLC] 1.If donor cannot recover property to 3rd persons. the honor or the property of the donor. Action prescribes w/in 1 year from the time donor had knowledge of the fact that it was possible for him to bring the action[769] *What fruits must be returned when donation is revoked [768] a. Give the value (usually price of the sale) if it was sold. he may recover the value of property(at the time of donation) to the donee [767] -. legatees (recipients of gifts of personal property in a will) 4. [766] -. brothers etc. devisees (recipients of gifts of real property in a will) 3. other descendants.(Even if donor died before the 1 year expiration period). or any act involving moral turpitude. [763] *Donation is revoked upon failure of the donee to comply with conditions. When donor died w/o knowing act of ingratitude PERSONS WHO CAN ASK FOR THE REDUCTION OF INOFFICIOUS DONATION upon donor’s death [772] 1. Article 760 (revocation by donor having no children) 2. Fruits accruing from the time action is filed must be returned if the ground is 1. Reduction Revocation Reduction . recognition or adoption or from judicial declaration of filiation or from the time information was received of child’s existence. -.

Extinctive Prescription—rights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. no act of deprivation by others)  Possession is naturally interrupted when through any cause it should cease for more than one year. acts of inofficious donations and when legitimes are ingratitude and inofficious donations impaired or donor did not reserved for support of himself and relatives PRESCRIPTION. capacity to acquire by prescription b. a thing capable of acquisition by prescription c. Within the time fixed by law a. peaceful and uninterrupted 2. also a means by which one loses ownership. This must exist throughout the entire period required for prescription)  Just title (through any of the modes recognized by law. b) w/o conditions-8 years IMMOVABLES: a) 10 years  In concept of an owner  Public. .PROPERTY 63 Affects the whole property regardless of As a rule only part of the property is affected. whether the legitime has been impaired or not and applies only when legitime is impaired As a rule. acquired and maintained w/o violence. 8 years for movables b. (1122) Civil interruption is produced by judicial summons to the possessor (1123)  When Judicial Summons shall be deemed not issued: (1124) a.a mode by which one acquires ownership and other real rights thru lapse of time. lapse of time provided by law a. for the benefit of the donor As a rule for the benefit of the heirs of the donors (because of their legitimes) Applicable to cases of supervening birth. If the possessor should be absolved from the complaint  Any express or tacit recognition by the possessor of the owner’s right also interrupts possession. Requisites (1117-1120):  Possession in Good Faith (Reasonable belief that the person who transferred the thing is the owner & could validly transmit ownership. peaceful and uninterrupted possession (Must be known to the owner of the thing. possession of the thing under certain conditions d. 30 years for immovables 3. Just title is proved 2. If the plaintiff should desist from the complaint or should allow the proceedings to lapse c. in concept of an owner 4. public. The old possession is not revived if a new possession should be exercised by the same adverse claimant. Acquisitive Prescription—one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. Ordinary—requires possession of things in good faith and with just title for the time fixed by law. non Applicable to cases of supervening birth and fulfilment of conditions/charges.(1125)  Area possessed prevails over the area in the title (1135) b. must be proved)  Within the time fixed by law: MOVABLES: a) in GF-4 years. Requisites: (CTPL) a. rights and actions. must be true and valid. Kinds: 1. Extra-ordinary—acquisition of ownership and other real rights without need of title or of good faith or any other condition Requisites: 1. If it should be void for lack of legal solemnities b.

by exercising due diligence. it is the possessor who is the actor Requires possession by a claimant who is not the Requires inaction of the owner or neglect of one owner with a right to bring his action Applicable to ownership and other real rights in the Applies to all kinds of rights. 2. warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. Minors and other incapacitated personally or through their parents.PROPERTY 64 DISTINCTION BETWEEN ACQUISITIVE AND EXTINCTIVE PRESCRIPTION ACQUISITIVE EXTINCTIVE Relationship between the occupant and the land in One does not look to the act of the possessor but terms of possession is capable of producing legal to the neglect of the owner consequences. guardians or other legal representatives 2. Absentees who have administrators. It is negligence or omission to assert a right within a reasonable time. Between husband and wife eventhough there be a separation of property agreed upon in the marriage settlements or by judicial decree. Minors and other incapacitated persons who have parents. Between co-heir or co-owner—Prescription obtained by one co-heir/co-owner benefits others(1111) Against whom Prescription does not run (1109) 1. LACHES PRESCRIPTION Concerned with the fact of delay A question or matter of time LACHES Concerned with the effect of delay Principally a question of inequity of permitting a claim to be enforced. whether real or occupant personal Results in the acquisition of ownership or other real Results in the loss of a real or personal right or rights in a person as well as the loss of said bars the cause of action to enforce the said right ownership or real rights in another Can be proven under the general issue w/o its Should be affirmatively pleaded and proved to bar being affirmatively pleaded the action or claim of the adverse party Vests ownership or other real rights in the occupant Produces the extinction of rights or bars a right of action Laches—failure or neglect for an unreasonable and unexplained length of time. Between guardian and ward during the continuance of the guardianship Renunciation of Prescription Already Obtained. Requisites (1112) 1. it need not be pleaded as an affirmative allegation specifically pleaded Based on a fixed time Not based on a fixed time Who may acquire by prescription (1107) 1. Persons who are capable of acquiring property by other legal modes 2. The renunciation must refer to prescription already obtained . Between parents and children during the minority or insanity of the latter 3. either appointed by them before their disappearance or by the courts 3. guardians or legal representatives Against whom Prescription runs (1108) (MAP-JC) 1. The person renouncing must have capacity to alienate property. PRESCRIPTION vs. to do that which. Juridical persons except the State and its subdivisions 5. 2. this inequity being founded on some subsequent change in the condition or the relation of the parties Statutory Not statutory Applies at law Applies in equity Cannot be availed of unless it is especially Being a defense in equity. one could or should have done earlier. Persons living abroad who have managers or administrators 4.

It must not prejudice the rights of creditors  The right to acquire by prescription in the future cannot be renounced (1112)  There is tacit renunciation when the renunciation results from acts which imply abandonment of the right acquired (1112)  Notwithstanding the express or tacit renunciation by a person of a prescription already obtained. First day excluded. intransmissible rights 3. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved 3. his creditors and all persons interested in making prescription effective may still plead prescription for themselves to the extent of their credit (1114) Things subject to Prescription (1113): All things w/in the commerce of men. last day included PRESCRIPTIVE PERIOD OF ACTIONS Prescriptive Period Imprescriptible Actions  To declare an inexistent or void contract . movables possessed through a crime (1133) 4. private property & patrimonial property of the state Things not subject to Prescription: 1. executor or other legal representative has been given a special power of attorney 4. registered land under PD 1529 RULES IN COMPUTATION OF PERIOD (1138) 1. unless an administrator. Present possessor may tack his possession to that of his grantor or predecessor in interest 2. Of Public domain 2.PROPERTY 65 3. It must be made by the owner of the right.

1133  Actions upon an oral contract  Actions upon a quasi-contract  Action for annulment of marriages (except on the ground of insanity) and for legal separation counted from the occurrence of the cause  Actions against the co-heirs for warranty of solvency of the debtor in credits assigned in partition  Action for declaration of the incapacity of an heir (devisee or legatee) to succeed  All other actions whose periods are not fixed by law. 559.PROPERTY 66 30 Years 10 Years 8 Years 6 Years 5 Years 4 Years 3 Years 2 Years 1 Year  To quiet title  To demand a right of way  To bring an action for abatement of public nuisance  To demand partition in co-ownership  To enforce a trust  Probate of a will  To recover possession of a registered land under PD 1529 by the registered owner  real actions over immovables (but not foreclosure) w/o prejudice to the acquisition of ownership or real rights by acquisitive prescription  Actions upon a written contract  Actions upon an obligation created by law  Actions upon a judgment from the time judgment becomes final  Actions among co-heirs to enforce warranty against eviction in partition  Mortgage action  Action to recover movables w/o prejudice to acquisition of title for a shorter period or to the possessors title under Arts. appearance or adoption of a child  Actions upon an injury to the rights of the plaintiff (not arising from contract)  Actions under the eight hour labor law  Actions to recover losses in gambling  Money claims as a consequence of employeremployee relationship  Action to impugn legitimacy of a child if the husband or his heirs reside abroad  Action to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth  Action to impugn legitimacy of a child if the husband or his heirs are residing in the city of municipality of birth  Forcible entry and unlawful detainer  Defamation  Revocation of donation on the ground of ingratitude  Rescission or for damages if immovable is sold with an apparent burden or servitude  Action for warranty of solvency in assignment of credits . 1505. counted from the time action accrues  Action to revoke donations due to noncompliance of conditions  Action to rescind partition of deceased’s estate on account of lesion  Action to claim rescission of contracts  Annulment of contracts for vice of consent  Actions upon a quasi-delict  Action to revoke or reduce donations based on birth.

PROPERTY 67 6 Months 40 Days  Actions for warranty against hidden defects or encumbrances over the thing sold  Redhibitory action based on faults or defects of animals .

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