Property

Course Title  
4 units
Units 
Vanessa B. Tayaban (vbtayaban@uc-bcf-edu.ph)
Instructor
 

This course studies the law on the different classifications of property,

Course ownership, co-ownership, condominiums, possession, usufruct,
Description: easements, nuisance, and the different modes of acquiring ownership,
  including donations (but excluding tradition, intellectual creation, and
succession).  

After completing this Subject, the students should be able to:

 
1.         Identify that which is considered ‘property’ under the law
2.         Know the different classifications of property and the
corresponding legal aspects of each classification

Objectives: 3.         Understand the concept of Ownership, Co ownership,

Possession and Usufruct: acquisition, rights and obligations and loss
 
4.         Identify voluntary and legal easements: legal basis, effects and
enforcement
5.         Identify nuisance and the manner of abatement
6.         Understand two modes of acquiring ownership: Occupation and
Donation
 

 
 

No.
Topic  
of Hours

Title I. 1. Articles 414 to 426 8

Classification of
 2. Definition of Property. Distinguish with ‘Thing’
3. Classification of Properties
4. Distinguish Movable and Immovable Properties
5. Identify Properties of Public Dominion and Properties
of Private Ownership
Property
6. Legal concepts related to Movable Properties and to
Immovable Properties
7. Legal concepts related to Properties of Public
Dominion and Properties of Private Ownership
 

Title II.
   
Ownership

1.   Articles 427-439

2.   Definition of Ownership
3.   Rights of an Owner of a Property
Chapter I.
Ownership in 4.   Actions that may be filed to recover ownership and/or 4
General possession
5.   Doctrine of Self Help; State of Necessity, Eminent
Domain and Hidden Treasure
6.   Rules on Ownership for Hidden Treasures

Chapter II. Right 1.            Articles 440-475

of Accession 2.            Definition of Accession and Classification 2
   

A.    Section 1.
Right of 1.           Accession Discreta: Natural, Industrial and Civil
Accession with Fruits 1
Respect to what
is produced by  
Property
 2.           Right of Accession with respect to Immovable
Property

B.     Section 2. a.           Basic Principles of Accession Industrial

Right of
b.           Legal consequence of the good faith and/or bad
Accession with
faith on the part of the landowner- 4
Respect to
builder/planter/sower/owner of materials
Immovable
Property 3.           Accession Natural: Alluvium, avulsion, change
of course of rivers and formation of islands
 

C.    Section 3.
Right of 1.           Adjunction, mixture, specification
Accession with 2.           Legal consequences of the good faith and/or 1
Respect to bad faith on the part of the parties
Movable Property

1.           Articles 476-481

2.           Meaning of Cloud over the title
Chapter III. 3.           Illustrations on the existence of a cloud over the
1
Quieting of Title title
4.           Quieting of Title: Remedial and Preventive
 

Chapter IV.
Ruinous
1.           Articles 482-483  
Buildings and
Trees

Title III. Co- 1.           Articles 484-501 5

ownership
2.           Definition and Kinds of Ownership
3.           How created or formed: Rights and Obligations
of a co-owner
4.           Rules on repair, improvement, alteration and
administration of property subject of co-ownership
 5.           Extinguishment of Co-ownership
6.           Partition: modes of partition and rights and
obligations of co-owners during and after partition  

Title IV. Some

Special    
Properties

1.           Articles 502-518

2.           Waters of public dominion and waters of private
ownership
Chapter I. Waters 1
3.           How to acquire right to use public and private
waters
4.           Subterranean waters and general provisions

Chapter II.
Article 519  
Minerals

Title IV.
   
Possession

1.            Articles 523-530

Chapter I. 2.            Possession in the concept of an owner vs.
Possession and Possession in the name of another 5
the Kinds thereof
3.            Possession in good faith vs. possession in bad
faith

1.            How possession is acquired

2.            Who may acquire or exercise possession
Chapter II.
Acquisition of 3.            Acts not considered possession 1
Possession
 
 
 1.            Rights and Obligations of of a Possessor with
respect to the

Chapter III. a. Fruits

Effects of 3
b. Expenses/improvements: Necessary, Useful, luxury
Possession
2.            Loss of Possession
3.            Doctrine of Irreinvindicability

Title VI. Usufruct Articles 562-612  

Definition and Characteristics of Usufruct

Chapter I.
Usufruct in Classification of Usufruct 1
General
 

1.            Basis of Rights of the Usufructuary

2.            Rights to the natural, industrial and civil fruits of
the property
3.            Right to lease or alienate the thing in usufruct
Chapter II. Rights 4.            Rights over consumable and nonconsumable
of the things in usufruct 3
Usufructuary
5.            Usufruct on fruit bearing trees and shrubs,
woodland, nurseries and action to recover real or
movable property
6.            Rights on the improvements and expenses on
the thing in usufruct

Chapter III. 1.            Conduct of inventory 3

Obligations of the
Usufructuary 2.            Giving of Security: Caucion Juratoria,
retroactive effect of security
3.            Care of a good father of a family
4.            Obligation in relation to damage, repairs,
annual charges, taxes, lien on the fruits and expenses in
suits
 5.            Rules for patrimony, matured credits and
mortgaged immovable

Chapter IV. 1.            Grounds for Extinguishment and legal effects

Extinguishment 3
of Usufructuary 2.            Right of Retention

Title VII.
Easement or    
Servitudes

Section 1. Different Kinds of Easement

Chapter I. Section 2. Modes of Acquiring Easement

Easement in Section 3. Rights and Obligations of the Owners of the 3
General Dominant and Servient Estates
Modes of Extinguishment of Easements

Section 1. General Provisions

Section 2. Easement Relating to Waters
Section 3. Easement of Right of Way
Section 4. Easement of Party Wall
Chapter II. Legal Section 5. Easement of Light and View
8
Easement
Section 6. Drainage of Buildings
Section 7. Intermediate Distances and Works for Certain
Constructions and Plantings
Section 8. Easement Against Nuisance
Section 9. Lateral and Subjacent Support

Chapter III.
Voluntary    
Easements
 Title VIII.
Articles 694-707 1
Nuisance

Book III. Different

Modes of
Article 712  
Acquiring
Ownership

Title I.
Articles 713-720 1
Occupation

Title III. Donation Articles 725-773  

  Chapter I. Nature of Donation 1

  Chapter II. Persons who may give or receive a donation 2

  Chapter III. Effect of Donations and Limitations thereon 2

  Chapter IV. Revocation and Reduction of Donations 2

Remaining
Review   number of
hours

 
Primary Reference: New Civil Code of the Philippines and Civil Code of the Philippines,
Annotated by Edgardo Paras
Other references: Civil Code Reviewer by Jurado, Civil Code of the Philippines,
Annotated by Tolentino, Supreme Court of the Philippines official website