Accession

Accesion Accesion
discreta Continua

Natural fruits Industrial Fruits Civil Fruits Immovable Movable

spontaneous
produced by rents of Industrial Natural Adjunction or Commixtion or
product of the specification
the land; and building Accession Accession conjuction confusion
soil

young and produced

price of leases inclusion
other products through labor building alluvion
of lands (engraftment)
of animals or cultivation

amount of
soldadura
perpetual or planting avulsion
(attachment)
life annuity

dividend either change course tejido

sowing
cash or stock of river (weaving)

formation of pintura
island (painting)

escritura
(writing)

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7


LO (who is also the BPS) makes
plantings, constructions or works
using materials belonging to
Both LO and MO acted
in good faith
Exonerated from
punitive liability and
damages
LO is given the right to
appropriate what has
been built, planted or
sown but with the
obligation to indemnify
the owner for the value
of the materials
PANIZA, LYNDELLE ANN D.
Industrial Accession
(Article 447)
Good Faith of LO: if he
Situation: Owner of the land is the owner believes that the materials
of whatever is built, planted or which he used belong to
won on that land including the him
improvements or repairs
Bad Faith of MO: if he
another knew that his materials
Presumption 1: are being utilized in the
Works on the land were construction and he
made by the owner of the manifested no opposition
Both acted in LO acted in bad faith LO acted in good faith
MO acted in good land
bad faith MO acted in bad faith
faith
Presumption 2:
Bad faith is LO is liable to the MO Governed by Expenses of the works are
neutralized presumed to have been
for damages Articles 449 and shouldered by the LO.
455
Both should be MO has 2 options:
considered as -Demand for the value
have acted in of the materials plus MO loses his
good faith as well damages materials without any
as the legal effects -demand for the right and is liable to
removal of the the LO for damages
materials in any event
plus damages
Without prejudice to the
criminal liability of the
LO for the unlawful
taking and use of the
materials
PROPERTY MODULE NO. 7
 Industrial Accession
(Article 448-454)

Situation: BPS is also the MO builds, plans or sows in Lessee is not a Cannot apply to a Can be invoked by
the land of another builder in good faith Co-owner successor-in-interest

co-owner is not a Technogas vs. CA

LO acted in good LO acted in bad faith
LO and BPS acted Both acted in bad Law applicable is third person and is SC allowed technogas
faith while BPS BPS acted in good
in good faith faith Article 1678 governed by the rules to invoke the benefits
acted in bad faith faith of co-ownership of ARticle 448 to
compel the LO to
LO can exercise any of make a choice
BPS believes he had Rights of both are Lessor has the option When co-ownership is
the 3 rights or remedies Provisions of Article between 2 options:
the right to build, neutralized, treated to appropriate the terminated by partition, if
plant or sow because under Aritcles 449, 450, 447 applies useful improvements a portion of a co-owner -to appropriate the
as acted in good faith
he thinks he owns the and 451 by paying 1/2 of their encroached on he portion building by paying
value of another in good faith, the indemnity
land Article 448 applies required by law
Right to Appropriate -sell the land to the
BPS is a possessor in This is Article 453 without obligation to This is Article 454 Lesse's right is to remove builder, athough the
concept of owner and pay damages the improvements even if builder of the
he is unaware that the leased premises may buildings and/or
there is flaw in his title suffer damage improvements but
merely acquired the
Right to Remotion same, by sale, from
2 alternative rights: the builder in good
Damage must not be faith
-appropriate as his own the works, sowing or more than necessary
planting after payment to the BPS of the
necessary and useful expenses as well as Right to compel payment of
expenses for pure luxury or mere pleasure the price of the land
-oblige the one who built or planted to pay To be entitled: improvements
the price of the land introduced in good faith are
useful and suitable to the use
for which the lease is
It is the LO who is authorized to exercise the option intended
because his right is older and he is entitled to the
ownership of the thing by principle of accession and he
cannot refuse to exercise either option

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7

TWO ALTERNATIVE RIGHTS OR OPTIONS OF THE LO
he must pay the builder of the indemnities, the necessary and useful expenses and in proper case, expenses for pure luxury or mere
Option to pleasure
Basis of indemnity, as ruled in Sarmiento vs. Agana, the value of the building or improvements at the time of the trial. The LO is required
Appropriate to pay the "present value" of the improvements (De Guzman vs. Dela Fuente).
Builder in good faith has the right of retention if the value of the improvement has not been paid. He may not be required to pay rentals
the Land as it implies the tenancy or possession in fact of the land
LO is prohibited from offsetting or compensating the necessary and useful expenses with the fruits received by the builder-possessor in
good faith.
The ownership of the building does not pass to the LO until after the payments has been given to the builder (Bataclan vs. CFI)

LO may compel the builder or planter to pay the price of the land, he must do so. Unless the value of the land is more than that of the
Option to building or trees, in which case, the builder or planter must pay reasonable rent, in case the LO does not choose to appropriate the
building.
This option is available only to the builder or planter not tothe sower as LO may only compel the sower to pay proper rent, in case the
Sell the LO does not choose to appropriate the crops.
If the builder or planter refuses to pay the price of the land or disagree as to the amount of the rental, they can go to court to fix the

Land amount (Miranda vs. Fadullon).

The price must be fixed at the prevailing market value at the time of the payment. if the builder failed to pay the land after teh LO chose
to sell, the builder's right to retention is also lost.. Article 448 applies if improvements or portions of it has been built by mistaken belief
on land belonging to the adjoining owner

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7

THREE RIGHTS AND/OR REMEDIES OF LO IN GOOD FAITH IF BPS IS IN BAD FAITH
(only 1 can be exercised, however in all cases, BPS in bad faith is entitled to reimbursement for the necessary expenses of the preservation of the land)

• LO can appropriate whas has been built, planted or sown on his land in bad faith without any
Right to obligation to pay indemnity. the right of confiscation of the improvements, he can also demand
damages from the BPS in bad faith.
Appropriate • LO can appropriate the fruits without paying indemnity if the fruits are still ungathered at the time
of the recovery of the possession of the land and Article 443 applies.

Right of • LO can demand that what has been built, planted or sown in bad faith on his land to be removed or
demolished and the land be restored to its original condition -- all at the expense of the BPS-- plus
Remotion damages sufferred by the LO pursuant to Article 451

Right to Compel • LO can exercise this right even if the the value of the land is considerably more than that of the
building or trees.
Payment of the Price • Remedy is available only to the builder and planter. the sower can only be compelled to pay proper
of the Land rent.

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7

 Industrial Accession
(Article 455-456)

Situation: BPS builds, plants or sows

in another's land using materials of
another person

MO acted in bad MO acted in good

faith faith

he is entitled to BPS is primarily liable to the

He loses his materials MO: LO is subsidiarily liable for
Rights of BPS recover the value his
without indemnity as BPS Rights of the LO: materials used by the payment of the value
Good faith: Without damages
becomes his agent. claim what has another of the materials
Bad faith: With damages
been built, planted
or sown on his land
without any BPS is in good faith:
Even become liable obligation to Claim from the LO a reasonable
for damages indemnify the MO liability is
compensation for his labor LO is not liable to
available if:
(Art. 445) the MO if the MO If the LO pays for
chooses to demolish the materialshe
or remove the becomes the
BPS in bad faith: building, planting or
Article 449 applies owner. Rights of
Not entitled to anything. BPS is insolvent sowing in case the
BPS is in bad faith
the BPS will apply.
Instead, he is liable to pay
damages to the LO

LO appropriates
the building,
planting or sowing

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7

 Natural Accession

Alluvion Natural change of Formation of

Avulsion course of river
(Alluvium) island

Automatically owned by abandoned river beds

Exception: Article Art. 463 - current of the
the riparian owner from Requisites shall belong to the
458 which refers to LO from where the portion river simply divides into
the moment the soil owners whose lands
ponds and lagoons of the land is detached branches leaving a piece
deposit can be seen are occupied by the
retains the ownership of new course in of land or part isolated
1. the accumulation of 3. the land where the the segregated portion but proporttion to the are forming an island
2. it be the result of is required to physically lost. (No accession
soil or sediment is accretion takes place is
the action of the remove it within 2 years continua but merely
gradual and adjacent to the banks of
waters of the river compensation) Art. 464 - island formed
imperceptible the river
on a sea, lake or navigable
Rule applies to LO adjoining the old bed or floatable river
This requisite is creeks with regular have the right to compel
indispensable as Art. and continuous the owners of the land
current, streams, Accession does not take Art. 465 - island formed in
457 excludes all place yet at the time the occupied by the the new non-navigable or non-
human intervention rivers, and lakes bed to sell to them the
segregated portion is floatable rivers through
and must be the work transferred to another old bed at a price not successive accumulation
Rule does not apply greater than the value of
of nature land. it takes place only
to canals or esteros the land occupied by the
which are simply after 2 years from
attachment upon failure new bed.
drainage system
of owner to remove it.
Applies to NATURAL change. However, in
Baes vs. CA, SC applied Art 461 even if the
change in the coirse of water was effected
htrough artficial means (government act).
Uprooted trees are still
owned by the owner but
he is required to make a
Accordng to Sen. Tolentino, If the river simply
claim within 6 moths
dried up, the dried bed remain property of
the public dominion.

Art. 462 provides that the new bed passing

through a private estate shall become
property of the public dominion

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7

FORMATION OF ISLANDS
Art. 463 - current of the river simply divides into branches leaving a piece of land or part isolated forming an island
• since the land has not been permanently invaded by the waters of the river, no natural appropriation will occur.
• Island formed remains to be the propert of the owner of the land where such island has been formed as well as the portion of his land
separated from the estate by the current
• This is applicable whether the river is navigable or floatable or not
• No accession has taken place since the property has just been converted into an island.

Art. 464 - island formed on a sea, lake or navigable or floatable river

• provides real case of accession continua
• a river is considered navigable or floatable if it is able to carry produce of the land along its banks to the market.
• island formed is owned by the State and forms part of its patrimonial property and may be sold.

Art. 465 - island formed in non-navigable or non-floatable rivers through successive accumulation
• Ownership is governed by the ff rules:
• it shall belong to the owner of the margins or banks nearest to the island
• if the island is in the middle of the river, the same shall be owned by the owners of both margins divided longitudinally halves.
• if the island be more distant from one margin than from the other, the owner of the neare margin shall be the sole owner.

PANIZA, LYNDELLE ANN D. PROPERTY MODULE NO. 7

COMPARISON BETWEEN ALLUVIUN AND AVULSION
Presumption: The change is gradual and caused by accretion and erosion,
ALLUVION
• defined as the gradual and imperceptible
addition to the banks of rivers or as tje
increment which land abutting rivers gradually
receive as a result of the current of waters
• the deposit is gradual
• the deposit of soild belongs to the owner of the
property where it was deposited
• Accession takes palce immediately upon
deposit of the soil
• The soild cannot be identified
PANIZA, LYNDELLE ANN D.
AVULSION
• defined as the accretion which takes place
when the current of a river, creek or torrent
-Both take place segregates a known portion of land from an
estate on its banks and transfers it to another
only along the estate.
banks of rivers,
- accretion taking place in the estate of the
creeks streams bank of a river caused not by slow and
and lakes constanct action of the waters but by violent
and sudden action of the torrent.
-Caused only by
the force of the • the deposit is sudden and abrupt
current of the • the owner of the property from which a part
was detached retainsthe ownership
waters
independently of • right of accession takes place only after 2 years
from the attchment of the segregated land only
the act of man.
if the owner fails to remove the same within
the said period
• the detached portion can be identified
PROPERTY MODULE NO. 7