Module 1: Basic Theory and Origins of Property

Property defined: All things which are (already in the possession
of man) or may be (susceptible of appropriation) the objects of
appropriation are considered as property either as immovable or
movable.
Appropriation defined: it is defined in the CODE. equivalent to
occupation; willful apprehension of a corporeal object which has
no owner with the intent to acquire ownership.
Res nullius – that which has no owner because it has not yet
been appropriated (e.g. hidden treasure, wild animals, fish in the
ocean), or because it has been lost or abandoned by the
owner. It constitutes property as long as it is susceptible of being
possessed for the use of man/appropriation.
Res alicujus – objects already owned or possessed by men.

Thing Property
Generic sense: all objects that Includes not only THE HUMAN BODY
exist which can be of UTILITY things which are
to men. already possessed by During lifetime: RULE: it is NOT a property. Hence, cannot be
Juridical sense: all objects that man, but also those appropriated. EXCEPTION: within the limits prescribed by
exist which can be of UTILITY which are susceptible law. R.A.7719 promotes voluntary blood donation; service
to men and CAPABLE of of being possessed by contracts (e.g. modeling).
APPROPRIATION/SUSCEPTIBLE man.
OF PECUNIARY ESTIMATION After death: RULE: The corpse becomes a thing although still
NOT considered a property for it is not susceptible to
µ For purposes of distinction, thing should be understood in its
generic sense. appropriation and commerce by reason of public policy/morality.
- The right to possess it is with the nearest relatives and the
To constitute a PROPERTY, it is not necessary that the
thing has an owner. It is enough that it has been surviving spouse for an adequate burial. Personality of a man
appropriated even if it has no owner, such as demands respect even after death. EXCEPTION: within the limits
abandoned property. prescribed by law. Gratuitous disposition of one’s own corpse for
- THINGS are those that can be possessed, while scientific purpose is considered valid
PROPERTY are those that are already in possession of R.A 349 (now RA 1056) legalizes permission of use
man and are found in man’s patrimony. human organs or any portion of the human body for
medical, surgical, or scientific purposes under certain
In Art. 414 of NCC, thing and property are identical to each conditions.
other and used synonymously.
R.A 7170 authorizes the legacy or donation of human
Requisites of property: organs after death or for transplant as well as the
1. Utility – capable of satisfying human needs (e.g. food, advancement of research, medical and dental education
shelter, and clothing). and therapy.
2. Individuality/substantivity – quality of having existence
apart from any other thing or property (e.g. parts of the
human body may, within the limits prescribed by law, RIGHTS AS PROPERTY
become property only when separated from the body of the
person to whom they belong). Property includes not only material objects, but also rights
3. Susceptibility of being appropriated – susceptibility of (although these are merely relations). However, only rights
being possessed by men. Hence, diffused forces of nature in which are PATRIMONIAL in nature can be considered as
their totality cannot be considered as property (e.g. air, property. Otherwise, they are not (e.g. (family rights, right to life,
lightning). Those that cannot be appropriated because of liberty).
their distance, depth or immensity cannot be considered as
things. Diffused forces of nature (sun, water, air) in their Patrimonial rights – rights which have a value can be transferred
totality cannot be appropriated but can be considered if or which intend to give its proprietor material benefit, or which
they can be appropriated in parts (electricity, distilled water, have been given in exchange for material benefit that has
oxygen tanks) already been given or will be given in future.
à An object cannot be considered as property because of
PHYSICAL IMPOSSIBILITY (e.g. res communes) or LEGAL
IMPOSSIBILITY (e.g. human body).
Classification of Rights:
Res communes – COMMON THINGS which are not capable of 1. Real rights (jus in re): interest belonging to a person over a
appropriation in their entirety (e.g. air, lightning) although they specific thing without a definite passive subject against whom
may be appropriated under certain conditions in a limited way such right may be personally enforced (e.g. ownership). A right
(e.g. oxygen, electricity). In case of the latter, they become enforceable against the world.
property. Nature itself has made them common to all.
Elements: Created directly or Governed by laws
a. Ownership of an object by a subject. indirectly by God for His promulgated by man
b. General obligation of respect, there being no particular worship and
passive subject. sanctification by man,
c. Effective actions against anyone who may want to regulated by divine or
disturb it. canonical laws

2. Personal rights (jus in personam/ad rem): the power of a DIVINE

person (creditor) to demand from another (debtor) as a definite 1. Spiritual: directly influence the religious submission of
passive subject, the fulfillment of the latter’s obligation; the right man; prayers, sacraments, indulgences, abstinences,
of obligation. etc.
2. Corporeal or Ecclesiastical: used more concretely and
Elements: directly for the religious salvation of man:
a. Subjects consisting of active (creditor-obligee) and a. Sacred: consecrated to God, to religion and its
passive (debtor-obligor). practice; churches, altars and ornaments
b. General obligation on the part of the persons to respect b. Religious: destined for the contemplative, for
the relation between the subjects. charitable and beneficent purposes
c. Effective actions against the passive subject for the c. Holy: violation of which was punished
performance of the prestation extremely severe penalty by Rome
d. Temporal: properties used to meet the
USUFRUCT: can be a personal or real right depending on the economic needs of the church and the clergy
nature of the property to which it is attached
HUMAN
REAL RIGHTS DISTINCTIONS PERSONAL I. Material, corporeal, or physical or those which are
A definite active Number of A definite active manifest to the senses, which we may touch or take,
subject; the rest persons subject and which exist in space, and have a body, whether animate
of the world as involved passive subject. or inanimate.
passive subject. • By reason of OWNERSHIP:
Generally, Object involved Intangible thing a. Common: do not belong to anyone and created by
corporeal things (prestation; to Nature for the use of all; res communes (e.g. sun).
give, to do, or b. Public: owned by the State for the use of its
not to do) inhabitants either directly (e.g. roads) or indirectly
By mode and Causes of By title only (e.g. fortress).
title creation c. Private: owned and enjoyed by one or more
Real actions Nature of Personal actions determinate persons
against third actions against the d. Nullius: not belong to anyone and are not enjoyed
persons definite passive by everyone; no owner; res nullius (e.g. hidden
subject treasure).
Affects the thing Manner is which Indirectly e. Corporate: owned by a collective entity and
directly the will of the through the enjoyed by its members.
active subject prestation of the a. Patrimonial: enjoyed in common by the
affects the thing debtor people, but whose products are applied to
related to it the expenses of the municipality
By the loss or Methods of By other causes b. Communal: used by all those living in the
destruction of extinguishment because the town and those whose use pertains only to
the property juridical tie still people of the particular town
exists even if the
object or thing is • By reason of their IMMOBILITY:
lost o destroyed. a. Immovable: cannot be transferred from place to place
because of the nature, incorporation, destination or by
analogy.
b. Movable: can be moved from place to place without
injury by their nature or by their analogy.
c. Semi-movable: those which move by themselves (e.g.
CLASSIFICATION OF THINGS
animals).

Divine Human • By reason of NUMBER:

 a. Universal: when several things collectively form a single
object in law under one name, which may be in fact
(warehouse or a herd) or in law (e.g. inheritance or
dowry).
b. Generic: that which indicates its homogenous nature
but not the individual object without indicating which
(e.g. a house).
c. Specific: that which indicates the specie or its nature
and the individual (e.g. the house at #6 Upper Malvar).
• By reason of their EXISTENCE:
a. Present: actually exists physically or legally.
b. Future: do not actually exist but whose existence can
reasonably be expected (e.g. ungathered fruits).
• By reason of their DIVISIBILITY:
a. Divisible: can be divided physically or juridically without
injury to their nature (e.g. inheritance).
b. Indivisible: cannot be divided without destroying their
(1)
nature or rendering the fulfillment of the juridical
relation (e.g. horse).
• By reason of their IMPORTANCE:
a. Principal: those which other things are dependent or
subordinated (e.g. the land on which a house is built).
b. Accessory: dependent upon the principal (e.g. the
house built on the land).
• By reason of their PURPOSE or HOMOGENEITY of SPECIE:
a. Fungible: belong to a common genus permitting
substitution (e.g. grains).
b. Non-fungible: specifically determined and cannot be
substituted (e.g. lands).
• By reason of their CONSUMABILITY or NATURE:
a. Consumables: those which are used by consumption
(e.g. food).
b. Non-consumables: not consumed by use (e.g. money).
• By reason of their ALIENABILITY:
a. Within the commerce of man: can be the object of
juridical relations.
b. Outside the commerce of man: cannot be the object of
juridical relations.
II. Intangible, incorporeal or juridical: personal prestations
or acts or services productive of utility; not manifest to
the senses but conceived only by understanding; must
combine the three requisites:
Requisites:
a. External: it is a manifested act.
b. Personal: done by the debtor himself.
c. Possible: can be done both in nature and in
law.
CLASSIFICATION OF PROPERTY
Tests:
a. Immovable: cannot be transferred from place to place
without causing injury
b. Movable: excluded from the enumeration of immovable
and can be moved from place to place without damage
thereto.
c. Mixed/semi-movable: they partake the nature of both; a
things that is movable is made immovable by reason of their
being immobilized by destination or attachment to
immovables; immovables which can be treated as movable
because they cab e transplanted or dismantled and moved
to another place without impairing their substance
Module 2: CLASSIFICATIONS OF PROPERTY According
to Nature - Arts. 415-418, NCC
IMMOVABLE PROPERTY
“Parties may validly stipulate that a real property be
considered as personal.”
By NATURE: it cannot be carried from place to place.
a. Lands, buildings, roads and constructions (adhered to
the soil). – Par. 1
a. Buildings are always immovable regardless of
the stipulation of the parties regarding the
nature of the building. The ownership of the
land where the building is located cannot
change the nature of the property since the
law does not make distinction.
- A building or house which is sold to be
demolished immediately or after a
short time is to be regarded as
movable because the subject matter
of the contract are really the materials
thereof.
- Once a house is demolished, it ceases
to be an immovable property.
- A structure which is merely
superimposed on the soil may be
considered movable
b. Constructions are immovables so long as there
is intent to attach it permanently to the land
and becomes immovable by incorporation
c. Roads, whether public or private, are
immovable and are considered to integral parts
of the land.
b. Mines, quarries and slag dumps, while the matter
thereof forms part of the bed, and waters either
running or stagnant. – Par. 8
a. The matter remains unsevered from the soil for
once they are severed, they become movable
for they are no longer mines, etc. but minerals.
b. Waters (sea, river, or lake), which are not to be
considered with “water” itself which is
movable property. Shall include canals and
aqueducts.
µ The materials constituting a building which is the subject of
demolition are movable.
µ A structure which is merely superimposed, not adhered, to the
soil may be considered movable (e.g. barong-barong, stalls) µ Trees and plants are immovable only when they are attached
to the land. When they have been cut or uprooted, they become
(2) By INCORPORATION: essentially movables but are attached movable, EXCEPT when timber constitutes the natural product of
to an immovable in a fixed manner to be an integral part the tenement, in which case, it still forms an integral part of the
thereof. immovable.

a. Constructions (adhered to the soil). – Par. 1
b. Trees, plants and growing fruits while they are attached may be considered as movable.
to the land or form an integral part of an immovable. -
Par. 2
a. Once cut or uprooted, they become movables
except when timber forms an integral part of
the immovable.
b. Immovable by nature if spontaneous products
of the soil; immovable by incorporation if
produced by lands of any kind through
cultivation or labor
c. Growing fruits/Ungathered fruits may be
treated as personal property because it is
understood that they are to be gathered or
harvested for delivery and thus, are no longer
attached to the land
c. REX VINTA: Everything attached to an immovable in a
fixed manner in such a way that it cannot be separated
therefrom without breaking the material or
deterioration of the object. – Par. 3
a. if it is temporarily separated and there is an
intent to put them back, the property
continues to be immovable.
b. The intent to attach/annex permanently is
ESSENTIAL.
d. Animal houses or breeding places in case the owner has
placed them or preserve them with the INTENTION to
attach them permanently tot the land, the ANIMALS in
these places included. – Par. 6
e. Statutes, reliefs painting or other objects for USE or
ORNAMENTATION, placed in a building or on lands, by
the OWNER of the immovable in such a manner that it
reveals the INTENTION to attach them permanently to
the tenements. – Par. 4
a. It MUST BE PLACED BY THE OWNER although
not necessarily by him personally. If the owner
is incapacitated, the act may be done by his
legal representative.
b. It is ESSENTIAL that there is an intent to attach
permanently
à These are immovable both by incorporation and by
destination. As distinguished from REX VINTA, these can
generally be separated from the immovable without breaking
the object. These objects become immobilized only when placed
in the tenement by the owner of such tenement. When placed
by a mere holder (e.g. tenant), these objects do not become
immovable property UNLESS such person acts as an AGENT of the
owner (e.g. lease of land with stipulation that the lessee will
construct improvements which will become the property of the
lessor).
µ For purposes of the Chattel Mortgage Law, ungathered fruits
(3) By DESTINATION: essentially movables but are placed in an
immovable as an added utility. (Par. 4, 5, 6,7 and 9)
a. Indirect utility: Statutes, reliefs painting or other
objects for USE or ORNAMENTATION, placed in a
building or on lands, by the OWNER of the immovable in
such a manner that it reveals the INTENTION to attach
them permanently to the tenements.
b. Direct utility: Machinery, instruments or implements
INTENDED by the owner of the tenement for an
INDUSTRY or WORKS which may be carried on in a
building or land, and which tend DIRECTLY to meet the
needs of such industry or works.
a. the immovable condition depends upon their
being destined for use in the industry or work
in the tenement. The moment they
are separated from the industry or work in
which they are utilized, they recover their
condition as movables. (ESSENTIAL
CONSIDERATION)
b. REQUISITES as provided by Paragraph 5:
a. Must be placed by the OWNER or HIS
AGENT
b. The industry or works must be
carried on in a building or on a piece
of land (transportation business is not
considered. Hence the equipment
used for repair or service are not real
property)
c. The machinery must TEND DIRECTLY
TO MEET THE NEEDS OF THE SAID
INDUSTRY OR WORKS.
a. Essential and principal elements
for without which, the industry or
works would be unable to
function or carry on the industrial
purpose
b. Work animals are not included in
the Civil Code and it is presumed
that the codifiers intended to
exclude them
c. Incidentals like cash registers,
typewriters, etc. are not
considered immobilized by
destination for businesses can
carry on even without them.
 c. Animal houses or breeding places, in case the owner has
placed or preserved them with the INTENTION to attach
them permanently to the land, and the ANIMALS in
these places.
d. Fertilizers ACTUALLY used on a piece of land.
a. When in their containers or kept, even if there
is an intention to use it, considered to be as
movable property because fertilizers MUST
ACTUALLY BE USED
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.
a. Since waters are immovable, constructions
that are united to them in a fixed and
permanent manner, are also immovable
b. Ships and vessels are personal property but
partake the nature and condition of a real
property on account of their value and
importance in the world of commerce
(4) By ANALOGY - classified by express provision of law
because it is regarded as united to the immovable property
– Par. 10
a. Contracts for public works: present government and
governmental practice
b. Servitudes.
c. Real rights over immovable property
MOVABLE PROPERTY
CLASSES OF MOVABLE OR PERSONAL PROPERTY:
• Property not included in Article 415
a. Examples:
- Ships or vessels irrespective of size
- One-half interest in a business
- Semi-movables
- Automobiles, books, money jewelry,
etc.
• Real property considered personal property by special
provision
a. Act No. 1508, Chattel Mortgage Law
- Section 7. “ If growing crops be
mortgaged, the mortgage may contain
an agreement stipulating that the
mortgagor binds himself properly to
tend, care for and protect the crop
while growing.”
a. Growing crops are
considered immovable under
Art. 415(2), but they are
recognized as personal
property by the law and thus,
may be the object of chattel
mortgage.
• Forces of nature
a. Include electricity, gas, heat, oxygen, light,
atomic energy, water power
• All movable things
General Rule: all things which can be transported from
place to place without impairment of the real property
to which they are fixed.
GENERAL TEST OF MOVABLE CHARACTER:
1. Whether it can be carried from place to
place.
2. Whether the change of location can be
effected without injury to an immovable to
which the object may be attached
3. Whether the object is not included in any
of the ten paragraphs of Art. 415.
• Obligations and actions
a. Personal rights, having a definite passive
subject (incorporeal things)
- Confers to one party the right to
recover movable property or a sum of
money from another by action
- Demandable sums means that the
amounts are liquidated or
determined.
b. Both obligations and actions must be legally
demandable and enforceable
• Shares of Stocks
a. Example: Certificates evidencing the ownership
of shares
b. “entities” include all juridical persons, even
partnerships although they do not issue shares
of stock or shares of stocks in a corporation
c. “stock” means participation or interest; e.g.
half-interest in a drug store business.
• Other incorporeal personal property
a. Example: intellectual property – right of the
author or inventor or artist over his work;
consists in the pecuniary benefit which the
owner can get by the reproduction or
manufacture of his work. (patents, trademarks,
copyrights, rights to invention, etc.)
CLASSIICATION AS TO NATURE
Art. 418 classifies movables based upon its aptitude to
repeated use into:
a. Consumable: its use according to their nature destroys the
substance of the things or causes their loss to the owner;
cannot be used in a manner appropriate to their nature
without being consumed. (e.g. food, money)
µ Consumable goods cannot be the subject matter of a
contract of commodatum unless the purpose of the contract
is not the consumption of the object as when it is merely for
exhibition.
b. Non-consumable: not consumed by use.
CLASSIFICATION ACCORDING TO PURPOSE
a. Fungibles: belong to a common genus permitting
substitution of the same kind, quantity and quality; not
having distinct quality; individuality can be determined by •
counting, weighing or measuring (e.g. 10 bottles of wine).
b. Non-fungibles: specifically determined and cannot be
substituted (e.g. 10 bottles of wine which I have in my
room).
Module 3: CLASSIFICATIONS OF PROPERTY
According to Ownership – Arts. 419-426
PROPERTY CLASSIFIED ACCORDING TO OWNERSHIP
1. Public Dominion or property: owned by the State (or its
political subdivisions) in its public or sovereign capacity and
intended for the public use and not for the use of the State
as a juridical person; it can be used by everybody, even by
strangers or aliens but nobody can exercise right over it the
rights of a private owner.
2. Private Ownership or property: owned by:
a. The State in its private capacity, and is know as
patrimonial property
b. Private persons, either individually or collectively
• Property is presumed to be State property in the absence of
any showing to the contrary
o The burden of proof to overcome the presumption
is on the person applying for registration
PUBLIC
NATIONAL/STATE
1. Property of public dominion:
a. For public use (e.g. roads, canals, rivers) – Art. 419
b. Not for public use but intended for some specific
public service (e.g. governmental buildings or
vehicles that can only be used by authorized
persons).
• If built by the government, public
dominion.
• If building belongs to a private person and
the State rents it for the purpose of public
service, it does not become public
dominion.
• the law does not distinguish between
movables or immovables; whatever the
condition of the property is, so long as it is
intended for public service
c. For the development of the national wealth (e.g. •
minerals, coal, oil, forest, and other natural •
resources)
• The charging of fees (terminal fees, toll fees) the limitations •
on the kind of vehicles that can use the road, the speed
restrictions and other conditions for the use of the use the
road do not affect the public character of the road or its
character as property for public use.
“others of similar character”
o Public streams (navigable and non-navigable), river
channels and branches, riverbeds, creeks and
esteros
▪ Mercado v. Municipal President of
Macabebe, 59 Phil. 592
The waters of a creek are considered
to be property of public domain. If by
virtue of excavation, a private person
obtained right of such creek, such
right is susceptible to appropriation,
may be acquired, or lost through
prescription. A person cannot claim
private ownership if the general public
had been openly enjoying it for years.
The right is lost through prescription.
o Accretions to the shores of the sea by action of the
water
o Submerged lands, like the waters (sea or bay)
above them
o Lands reclaimed from the sea by the government
▪ Reclamation does not convert these into
alienable or disposable lands.
▪ There is a need for a law or presidential
proclamation officially classifying these
reclaimed lands as alienable or disposable.
o Lands that disappeared into the sea by natural
erosion due to the ebb and flow of the tide
▪ Private property becomes property of
public domain if it appears that the owner
has to all intents and purposes abandoned
it and permitted it to be destroyed; a de
facto case of eminent domain no subject
to indemnity. (Government v. Cabangis, 53
Phil. 112)
▪ If reclaimed, continue to be public domain
unless obtained through a title in the
manner and form expressed in the law
o Canals constructed on private lands of private
ownership
▪ Owner loses proprietary rights by
prescription
o Foreshore lands when the sea moved towards an
estate and the tide invaded it
▪ Strip of land that lies between the high
and low water and is alternatively wet and
dry according to the flow of the tide
“rivers” includes the running water, the bed and the banks
“roads”/”streets”: public ways constructed and maintained
by the national government even if the placing of telephone
pole or planting of trees are tolerated.
“canals”: artificial waterways designed for navigation or for
irrigating or draining land. If it is constructed by private
persons over private lands, it is of private ownership
• “ports”: includes seaports or airports, constructed by the
State and are properties of public dominion
• “shores”: portion of the land bordering the sea and which is
subject to the ebb and flow of the waters.
• “roadstead”: place less sheltered or enclosed than a harbor
where ships may ride at anchor
• Usufruct attached to a property with a public character is
not alienable, cannot be attached to a judgment. (Tufexis v.
Olaguera, 32 Phil. 654)
• Regalian Doctrine: Section 2, Article XII of the 1987
Philippine Constitution
o All natural resources belong to the State and
are not subject to alienation but exploration,
development, exploitation or utilization is
allowed.
o All lands not otherwise appearing to be clearly
within private ownership are presumed to
belong to the State unless there is proof that
such land has been reclassified as alienable or
disposable, and is subsequently alienated to a
private person by the State.
o Mere possession of the land does not divest it
of its public character.
o Occupation, no matter how long, does not
ripen into ownership and thus cannot apply
for registration of title.
o Public agricultural lands are an exception
▪ Before being made available for
disposition, property of public
dominion for the development of the
national wealth and are not capable of
private appropriation and possession
• While in the hands of a gov’t
agency tasked and authorized
to dispose
▪ After being made available, the Sacred and Religious Objects: The separation of Church and
become patrimonial or private State (as provided by the Constitution) this classification is
property of the State
▪ When acquired by a private person, it
becomes a private property.
CONCEPTS ON PUBLIC DOMINION
a. Public dominion does not import the idea of ownership.
Property of public dominion is not owned by the State
but simply under its jurisdiction and administration
for the collective enjoyment of all the people of the
State of which it is the territorial sovereign.
b. The purpose of property of public dominion is not to
serve the State as a juridical person but the citizens. It
is intended for the common and public welfare so it
cannot be the object of appropriation either by the 2. Patrimonial property:
State or by private persons.
c. Properties of public dominion are outside the
commerce of men. Hence:
- Cannot be sold, leased or otherwise be the
subject matter of contracts.
- Cannot be acquired thru prescription not even
by municipalities against the State.
- Cannot be attached or sold at public auction
to satisfy a judgment. Otherwise, essential
governmental services would be jeopardized.
- Cannot be burdened by easements.
- Cannot be registered under the land
registration law and be the subject of a
Torrens title.
d. It has the special characteristics of a collective
ownership for the general use and enjoyment, by
virtue of their application to the satisfaction of the
collective needs.
e. The relation of the State to this property arises from
the fact that the State is the juridical representative of
the social group and as such it takes care of and
preserves the same and regulates its use for the
general welfare.
PUBLIC LAND GOVERNMENT LAND
Uniformly used to describe A broader term. It includes
the national domain not only public lands but
under the legislative also other lands of the
power of Congress as has government already
not been subjected to reserved, or devoted to
private right or devoted public use, or subject to
to public use. it is private rights. It includes
equivalent to lands of the patrimonial lands.
public domain. It refers to
lands as are thrown open
to private appropriation
and settlement by
homestead land other
laws.
abolished and they can now be alienated like property
View from the union of the Church and State as provided
by the Spanish Civil Law
• Considered to be outside the commerce of
man
• Neither public or private property because any
private person can be the owner
• Has a distinctive characteristic which is that
they are devoted to the worship of God
• The Civil Code has no provision regarding this
property for they are outside the field of civil
law
• They are sacred and inalienable
a. used by the State as a juridical person in its private
capacity or proprietary capacity (e.g. property
acquired through escheat proceedings, tax sales).
 b. It is not intended for public use, or for some public
service, or for the development of national
wealth.
c. It is the property which the State has the same
rights, and of which it may dispose, to the same
extent as private individuals according to laws and
regulations on the procedure of exercising such
rights. Hence, it is subject to the principles on
private properties (e.g. subject to prescription and
can be the object of ordinary contracts)
d. exist for the State to achieve its economic ends,
(giving it the means to exist) and the preservation
of natural organisms.
e.g. income or rents of the State, vacant lands
without known owner or possessor, donated to
the government, waterworks, slaughter
houses, markets, cemeteries
“San Lazaro Estate” and friar lands are private
or patrimonial property of the State.
CONVERSION OF PROPERTY OF PUBLIC DOMINION TO
PATRIMONIAL PROPERTY
Article 422 is not a self-executing provision.
a. Formal declaration by the executive and legislative
department of the government that the property of the
State is no longer needed for public use or for public
service. Otherwise, the property continues to be of public
dominion notwithstanding the fact that it is not actually
devoted for such use or service
- if the government has not devoted it to other
uses, or adopted any measures which amounted
to withdrawal thereof from public use or service
(remains to be property for public use or service)
- Abandonment must be a certain and positive act
based on correct legal premises. It cannot be
inferred from non-use
b. In case of political subdivisions (provinces, cities and
municipalities), the conversion must be authorized by law
- Article 423 and 424: property for public use is public
dominion while property for public service is
patrimonial
- Article 420: property intended for public service without
being for public use is public dominion
- The principles governing property of public dominion
(Art. 420) of the State are applicable to property of This refers to all property belonging to private persons either
public use of the political subdivisions. (Art. 424) individually or collectively and those belonging to the State and
o Provincial roads any of its political subdivisions which are patrimonial in nature.
o City streets
o Municipal streets
o Squares
o Fountains
o Public waters
o Promenades
o Public works for public service
- They become private property (patrimonial property) of
the province or town when no longer for public use.
(Article 422)
- Political subdivisions cannot register as their own any
part of the public domain, unless it is first shown that a
grant thereof has been made or possession has been
enjoyed during the period necessary to establish a
presumption of ownership.
o They have no authority whatsoever to control
or regulate the use of public properties unless
specific authority is vested upon them by
Congress for they are under the absolute
authority of the Congress.
- Extent of legislative control:
o If the property is owned by the municipality in
its public or governmental capacity, the
property is public and Congress has absolute
control over it
o If the property is owned in its private or
proprietary capacity, then it is patrimonial and
Congress has no absolute control. The
municipality then cannot be deprived of it
without due process and payment of just
compensation.
- Test as to capacity in which a property is held:
dependent on the use to which it is intended or
devoted.
- They have no authority to control or regulate the use of
public properties unless specific authority is vested upon
them by Congress.
o Cannot lease to a private individual or entity
and ask for rentals.
▪ When a property for public use has
been leased and the occupants have
derived benefits therefrom, they are
not entitled to recover what they have
paid, as a condition for their
ejectment; otherwise, that would be
enriching them unduly to the
prejudice of the
municipality.(Sanchez, et. Al v.
Municipality of Asingan, 62 O.G. 3578)
o Property for public service and use cannot be
attached to a judgment of execution.
PROPERTY OF PRIVATE OWNERSHIP
- “collective ownership” includes co-ownership and
ownership by corporations, partnerships, and other
juridical entities.
- Possessory information inscribed in the Registry of
Property showing possession by their occupants and
their predecessors since time immemorial demonstrates
 prima facie that the possessors of the land to which it
refers are the owners
- If a person alleging that he has rights over the property
and can sufficiently prove the private nature of the
property, such right must be recognized even as against
the State.
o Private property in a military zone created
through legal easements
o Land, even if sandy, can be private so long as it
is proven that it cannot form part of the shore. Beneficial Ownership: right to the enjoyment of a thing or
o A road built, repaired or maintained without property is in another but the legal title remains to the other. It
any expense from the government despite can be used to:
being used by the public
- Illegal seizure by the Japanese government during its
occupation does not automatically convert the property
legally belonging to a civilian private citizen into enemy
State property.
PROVISIONS COMMON TO THE THREE PRECEDING
CHAPTERS
Art. 426
a. Whenever by provision of the law, or an individual
declaration, the expression “immovable things or property,”
or “movable things or property,” is used, it shall be deemed
to include, respectively, the things enumerated in Chapter
and Chapter 2.
- Refer to things enumerated in Article 415 - 418
b. Whenever the word “muebles” or “furniture”, is used
alone, it shall not be deemed to include money, credits,
commercial securities, stocks and bonds, jewelry, collections
(scientific or artistic), books, medals, arms, clothing, horses
or carriages and their accessories, grains, liquids and
merchandise, or other things which do not have as their
principal object the furnishing or ornamenting of a building
EXCEPT when the contrary intention appears.
- Intended to protect the interest of the transferor by
preventing the conveyance of objects which are not
intended to be transferred.
Module 4A: OWNERSHIP – IN GENERAL Arts.
427-439, NCC
OWNERSHIP
Definition: The independent right of a person to the exclusive
enjoyment and control of a thing including its disposition and
recovery subject only to the restrictions established by law and
the rights of others.
Limitations on the Right of Ownership:
• Imposed in general by the State in the exercise of the
power of taxation, police power, and power of eminent
domain
• Imposed by law such as legal easement and the
requirement of legitime in succession
• Imposed by the grantor of the property on the grantee,
either by contract or by last will;
• Imposed by the owner himself, such as voluntary
easement, mortgage, pledge, and lease; and those
arising from conflicts of private rights such as those
which take place in accession continua
• Constitutional limitations (e.g. prohibition against the
acquisition of private lands by aliens)
- Indicate the interest of a beneficiary in trust property
(equitable ownership); or
- Refer to the power of a shareholder of corporation to
buy or sell, the shares though the shareholder is not
registered in the corporation’s books as owner.
Naked Ownership: refers to ownership where the right to use
and the fruits has been denied: enjoyment of all the benefits and
privileges of ownership bare the title to property
Ownership may be exercised over THINGS or RIGHTS.
Things: any material object: corporeal property and relations
Rights: real or personal rights over corporeal things (mortgage
on real property) or incorporeal things (mortgage on the right of
usufruct)
Full Ownership/ Legal Ownership: refers to all the rights of the
owner. The law has given the owner these right by virtue of Art.
428 of the NCC
Extent of Right of Ownership:
1. Right to enjoy – includes right to use and enjoy (jus utendi),
right to the fruits (jus fruendi), right to accessories (jus
accessiones) and right to consume by use (jus abutendi),
within the limits prescribed by law; includes the right to
exclude any person from the enjoyment and disposal
thereof.
2. Right to dispose – (jus disponendi) the power of
the OWNER to alienate, encumber, transfer and even
destroy the thing owned, totally or partially, within the limits
prescribed by law; includes right not to dispose.
3. Right to vindicate or recover or exclude – (jus vindicandi)
Right to exclude from the possession of the thing owned by
any other person to whom the owner has not transmitted
such thing, by proper action for restitution, with the fruits,
accessions, and indemnification of damages.
µ However, the person who claims the he has a better right to
the property must prove (burden of proof) his title thereto.
Accordingly, a person in peaceful possession of property must be
respected in his possession until a competent court rules for his
ouster.
a. Jus possidendi: right to possess;
- The right to possess does not always include the right to
use.
 o A person may possess the thing in the concept
of an owner or a mere holder with the
ownership pertaining to another
- A judgment of ownership does not necessarily include
possession as a necessary incident
o A person may be declared owner but he may
not be entitled to possession which may be in
the hands of another such as a tenant or
lessee.
o This may only be invoked if the actual
possessor has some rights which must be
protected. It does not apply if the possessor
has not given any reason why he should retain
possession after claim of ownership has been
rejected by the court.
- G.R.: After judgment of ownership, the delivery of
possession should be deemed included.
o XCP: If the actual possessor has shown a valid
right over the property enforceable even
against the owner thereof.
- In a contract of sale: vendor should transfer ownership
and deliver the object of the sale.
o Ownership is acquired from delivery
o Delivered if the thing has been placed in the
control and possession of the vendor
b. Jus utendi: right to use and enjoy;
- May exclude any person from the enjoyment and
disposal thereof (Art. 429)
- May enclose or fence his property (Art. 430)
- HOWEVER, he cannot use it in such a way that will
injure the rights of a third person; he will the be held
liable for damages.
- “The use of a property has a social function to
contribute to the common good.” (Sec. 6, Art. XII,
Consti)
c. Jus fruendi: right to the fruits;
d. Jus accessionis: right to the accessories;
- G.R.: The owner of a property has the right to the fruits
and accessories of the thing;
o Produced, incorporated or attached, either
naturally or artificially.
- XCP:
o possessor in good faith before possession was
legally interrupted (Art. 441)
o usufructuary from the time usufruct begins not
including those growing at the time the
usufructuary terminates (Art. 566)
o lessee of agricultural land only to the current
agricultural year (Art. 1676)
o antichretic creditor (Art. 432)
e. Jus abutendi: right to consume that thing by its use;
f. Jus disponendi: the right to dispose or alienate;
- either totally (sale and donation)
For sale to be VALID, seller must be able to
transfer ownership (seller need not be the
owner at time of perfection but he was the
owner at time of delivery)
- partially, without transferring title (lease, pledge and
mortgage)
o May be done only by the owner of the thing
g. Jus vindicandi: right to vindicate or recover
ACTIONS FOR POSSESSION
Depends on:
- whether the property is real or personal
- whether the purpose of the action is merely to recover
possession or ownership, or both to recover possession
and vindicate his ownership
ACTIONS FOR REAL PROPERTY
- all three actions are in personam and therefore, the judgment
thereon binds only the same parties and their privies or
successors-in-interest
1. Accion Interdictal (Ejectment suits):
a. Forcible entry (detencion): A person deprived of the
possession of any land or building by force, intimidation,
stealth, threat and strategy (FISTS): a “quieting process”
b. Unlawful detainer (desahuico): Any landlord, vendor,
vendee or other person against whom the possession of any
land or building is unlawfully withheld after the expiration or
termination of the right to hold possession by virtue of any
contract, express or implied.
Forcible entry Unlawful detainer
From the time of entry Possession which was lawful
at first later became illegal
Prior physical possession is Plaintiff’s supposed acts of
indispensable tolerance must have been
present right from the start
of the possession which is
later sought to be recovered
Period to file action: Within 1 year after such unlawful
deprivation or withholding of possession, commencing from the
time of last demand (oral or written; direct or indirect) to vacate.
No demand is necessary for a lessee to vacate when it is
specifically provided for in the agreement.
Prayer: for the restitution of possession, with damages and
costs. However, the only damages that can be recovered in an
Ejectment suit are the fair rental value or the reasonable
compensation for the use and occupation of the real
property. Other damages must be claimed in an ordinary action.
The defendant, however, may set up a counterclaim for moral
damages and recover it if it is within the jurisdiction of the court.
Jurisdiction: MTC (summary proceedings because of its one-year
limit). Whatever the amount of plaintiff’s damages will not affect
the court’s jurisdiction.
- Summary in nature because it involves a disturbance of
social order which must be abated as promptly as
 possible without undue reliance on technical and
procedural rules which only cause delay
Issue: Mere physical or material possession (possession de Writ of possession: an order whereby a sheriff is commanded to
facto). The plaintiff need only to allege and prove prior place a person in possession of a real or personal property
possession de facto and undue deprivation thereof. The decision (extrajudicial foreclosure); improper to eject another from
in such action is res judicata in the question of possession. possession except in the following cases:
a. After the land has been registered under the Torrens
µ Sublessees are bound by the judgment rendered against the system of registration.
lessee in an ejectment case even if they were not made parties b. Extrajudicial foreclosure of mortgage.
thereto. c. Judicial foreclosure of mortgage provided that the
mortgagor has possession and no 3rd party intervened.
Remedy should be an accion publiciana or an accion d. Execution sales
reivindicatoria when the compliant fails to aver facts
constitutive of forcible entry or unlawful detainer as when it Writ of injunction: commanding an act which the court regards
does not state how entry was effected or how and when the as essential to justice, or restraining an act it deems contrary to
dispossession started equity and good conscience; where the plaintiff is admittedly the
owner of the property, and is in possession thereof, he is entitled
2. Accion publiciana or Plenaria de posesion (plenary to the equitable remedy of injunction to prevent or restrain acts
action): an ordinary civil proceeding to recover the better of trespass and illegal interference by others with the possession
right of possession of realty independently of title; of the property; it is not designed to protect future rights
whenever the owner is dispossessed by any other means May be granted only if:
(e.g. possession is due to tolerance of the owner) other than • a clear and positive right over the property
FISTS or circumstances in unlawful detainer, he may exists (title over the property must be
maintain this action to recover possession without waiting clearly established)
for the expiration of 1 year before commencing this suit. It • the acts against which the injunction is to
may also be brought after the expiration of 1 year if no be directed are violative of said right
action had been instituted for forcible entry or unlawful it ordinarily cannot be invoked by a person is entitled to
detainer. recover possession of property from another who is in
actual possession thereof; he must resort to an action for
Jurisdiction: RTC recovery
Prescription: within a period of 10 years May be availed in the following cases:
Issue: juridical or civil possession (posesion de jure) of realty • an action for forcible entry has already
independently of title been filed and the court grants preliminary
➢ Conclusive only on the question of possession, and not injunction to prevent the defendant from
that of ownership. committing further acts of dispossession
➢ Does not bind the title or affect the ownership of the against the plaintiff.
property • in ejectment cases where an appeal is
➢ Must not only prove his better right without claim of taken if the higher court is satisfied that
title but also the identity of the property claimed the lessee’s appeal is frivolous or dilatory,
or that the lessor’s appeal is meritorious
• where the actual possessor who is
3. Accion reinvindicatoria or accion reivindicacion: action for admittedly the owner (as proved by
recovery of dominion over the property as owner; plaintiff documentary evidence), seeks protection
alleges proof of a better right to possess without claim of from repeated or further intrusions into
title his property by a stranger
• cases when there is a clear finding of right
Jurisdiction: RTC in an ordinary civil proceeding of ownership and possession of a land in
Issue: ownership which ordinarily includes possession favor of the party who claims the subject
although a person may be declared owner but he may not property in possession of another as
be entitled to possession because the possessor has some where the property is covered by a
rights which must be respected. Torrens title pointing to such party as the
undisputed owner especially where such
µ This action should be filed in case of refusal of a party to deliver title was never controverted by the
possession of property due to an adverse claim of ownership. possessor nor its issuance shown to be
tainted with bad faith or fraud.
µ A suit to recover possession of a parcel of land as an element of • Extraordinary cases where urgency,
ownership is a reinvindicatory action. expediency and necessity require
 immediate possession as where material
and irreparable injury will be done which
cannot be compensated by damages
ACTION FOR PERSONAL PROPERTY
1. Writ of Replevin: recovery of personal property or the manual
delivery of personal property (Rule 60, Sec. 2 ROC); a principal
remedy and a provisional remedy
1. plaintiff must state in the affidavit that he is the:
- owner of the property
- property is particularly described
- “wrongfully detained by the adverse party”
2. Plaintiff has the burden of proof that he has ownership
and/or right over the property
- Wrongful detention of the property must be
satisfactorily established
3. Prescription: 4 to 8 years from the time the possession
thereof is lost (Art. 1132)
- Cannot be subject to writ of replevin if property is
in custodia legis
RIGHT TO ENCLOSE OR FENCE: Every owner may enclose or
fence his land or tenements by any reasonable means
subject to the right of others to existing servitudes imposed
on the land or tenement.
RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A
LAND OWNER: The owner of a parcel of land is the owner of
its surface and of everything under it, and he can construct
thereon any works or make any plantations and excavations
which he may deem proper, without detriment to
servitudes and subject to special laws and ordinances. He
cannot complain of the reasonable requirement of aerial
navigation.
µ Economic utility: The right of the landowner extends to
the space and subsoil as far as necessary for his practical
interests, or to the point where it is possible to assert his
dominion; beyond these limits, he would have no legal
interest.
µ The right of the owner of a parcel of land to construct any
works or make any plantations and excavations on his land
is subject to:
a. Existing servitudes or easements.
b. Special laws.
c. Local ordinances.
d. The reasonable requirements of aerial navigation.
e. Rights of third persons.
Regalian doctrine: All minerals and other natural resources
found either in public or private lands are owned by the
State.
DISPUTABLE PRESUMPTION OF OWNERSHIP (Art. 433)
- Applies to movable and immovable
property
Requisites:
1. There must be actual (physical or material)
possession of the property.
2. The possession must be under claim of ownership.
µ Hence, the true owner must resort to judicial process
for the recovery of the property if the possessor refuse
to deliver the property
JUDICIAL PROCESS CONTEMPLATED
- Ejectment suit
- Reinvidicatory action
REQUISITES FOR ACTION TO RECOVER
The possessor has the presumption of title, and unless
the plaintiff proves he has a better right, he cannot
recover the property from the defendant. He now has
the burden of proof to prove a fact by a preponderance
of evidence
1. Identity of the property
- describing the location, area and boundaries
thereof
- in case of doubt, resolve the question by recourse
to the pleading, the record and extrinsic
evidence (oral or written)
- the court may also conduct an investigation
through a hearing or an ocular inspection or
both to positively know the land
- if he fails to sufficiently identify, the action must
fail.
- Rule: if there is a conflict between the area and
the boundaries of a land, the latter prevails
- do not apply if the boundaries do not
indemnify the land beyond doubt
- not necessary to establish the exact location and
extent of the lands claimed or occupied by the
defendant, in order to establish his right to a
judgment of possession; only as to the damages
which should be allowed to the plaintiff
2. Strength of plaintiff’s title/ better title (proof of
ownership).
- must be founded on positive rights and not on the
lack or insufficiency of title
- where the claims of both plaintiff and defendant
are weak, plaintiff cannot recover
µ Evidence to prove ownership: ownership may be
proved by any evidence, oral or written, admissible in
law.
a. Torrens title.
b. Title from the Spanish Government.
c. Patent duly registered in the Registry of
Property by the grantee.
d. Deed of sale.
e. Long possession.
 µ This is based on the police power of the State
µ Quantum of proof: - Must part with some rights and privileges for the
1. preponderance of evidence: evidence adduced by common good; must bear certain burdens for good
one side is superior to that of the other; where of all
there is “equipreponderance of evidence,” meaning µ It does not apply where the owner of a thing makes use of it
that there is nothing in the evidence which shall in a lawful manner for then it cannot be said that the manner of
incline it to one side or the other, the court will find the use is such “as to injure the rights of a third person”.
for the defendant µ of a fundamental character and is deemed to exist even
2. indica claim of ownership: one’s evidence may or without an expressed provision to this effect
may not be sufficient to support a claim of
ownership or title over property POWER OF TAXATION: impose charge or burden upon persons,
- Tax declarations are not conclusive proof of property, or property rights, for the use and support of the
ownership (prima facie evidence). However, when government and to enable it to discharge its appropriate
coupled with possession for a period sufficient for functions; “bloodline of the government”
prescription, they become strong evidence of - The property of a delinquent taxpayer may be
ownership. Also, the failure of a person to declare seized and sold or forfeited by the government
land for taxation may be admitted to show that he
is not the owner thereof. RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A LAND
3. conclusiveness of certificates of title: indicates OWNER: The right of the owner of a parcel of land to construct
true and legal ownership of a private land and is any works or make any plantations and excavations on his land is
accorded with great weight subject to:
- cannot be attacked collaterally; can only be a. Existing servitudes or easements.
altered, modified, or cancelled in a direct b. Special laws.
proceeding c. Local ordinances.
- not conclusive if it is shown that the same d. The reasonable requirements of aerial navigation.
land had already been registered and an earlier e. Rights of third persons.
certificate for the same is in existence. The µ If the prohibition is to alienate the property is perpetual, it is
subsequent registration is null and void. considered as void. The maximum period of inalienability, when
imposed by will, is 20 years, unless a fideicomissary substitution
has been established. The same principle, by analogy, can apply
LIMITATIONS ON THE RIGHT OF OWNERSHIP
to any other gratuitous disposition such as donation, unless the
donor provides for reversion (Art. 757), in which case, a longer
1. Those imposed in general by the State in the exercise of the period may be allowed.
power of taxation, police power, and power of eminent µ In mortgage contracts, a stipulation forbidding the owner from
domain. alienating the property mortgaged is void (Art. 2130).
2. Those imposed by law such as legal easements and the µ Where the stipulation on inalienability is valid, the property is
requirement of legitime in succession. NOT subject to attachment. Otherwise, the prohibition to
3. Those imposed by the grantor of the property on the alienate would be illusory.
grantee, either by contract or by last will.
4. Those imposed by the owner himself, such as voluntary
easement, mortgage, pledge and lease.
PRINCIPLE OF SELF – HELP
5. Those arising from conflicts of private rights such as those
which take place in accession continua or those caused by
Who may avail? The OWNER or LAWFUL POSSESSOR of a thing
contiguity of property.
who may take the law in his own hands
6. Prohibition against the acquisition of private lands by aliens.
Right involved: RIGHT TO EXCLUDE any person from the
ENJOYMENT and DISPOSAL thereof.
POLICE POWER: power of the state to enact such laws or
Self-help: For this purpose, he may use such force as may
regulations in relation to persons and property as may promote
be reasonably necessary to repel or prevent an actual or
public health, public morals, public safety, and the general
threatened UNLAWFUL physical invasion or usurpation of his
welfare and convenience of the people
property that is essential for the maintenance of property rights;
- Salus populi est suprema lex (the welfare of the
constitutes as a JUSTIFYING CIRCUMSTANCE under the RPC
people is the supreme law)
- Sic utere tuo alienum non laedas (so use your own
Requisites of self-help:
as not to injure another’s property)
1. Owner must be owner/lawful possessor.
2. Owner must use only reasonable force.
OBLIGATION TO RESPECT THE RIGHTS OF OTHERS: The owner
3. There must be actual or threatened physical invasion or
of a thing cannot make use thereof in such a manner as to injure
rd usurpation.
the rights of a 3 person. (Art. 431)
4. Can only be exercised at the time of an actual or threatened
dispossession or immediately after the dispossession has µ Danger to life is always greater than damage to property.
taken place (NO DELAY: if delayed, must resort to judicial
process) µ If through an error, one believed himself to be in a state of
necessity, or used excessive means, his act would be illicit, and
µ The actual invasion of property may consist of a the owner of the property can use the principle of self-help.
mere disturbance of possession or of real dispossession. In the
first case, the force may be used as long as the disturbance µ The law does not require that the person acting in a state of
continues. In the second case, the force to regain possession can necessity be free from negligence in the creation of the
be used only immediately after the dispossession. Once the threatened danger.
usurper’s possession has become firm by lapse of time, the lawful - He must be given the benefit of reasonable doubt
possessor must resort to the competent authority to recover his as to whether he employed reasonable means to
property. avert threatened injury

µ The principle of self defense in the RPC covers not only defense
of a man’s person but also extends to his rights including the EXERCISE OF STATE POWERS
right of property.
EMINENT DOMAIN: No person shall be deprived of his property
ü Self-help doctrine is MODIFIED by the principle of state of except by competent authority and for public use and always
necessity, and the condemnation of property through the upon payment of just compensation.
exercise of State powers (eminent domain and police power).
Should this requirement be not complied with, the courts shall
protect and, in proper cases, restore the owner in his possession.
STATE OF NECESSITY
An exception to the general rule that a person cannot interfere Requisites:
with the right of ownership of another. Recognized as a 1. Taking must be done by competent authority
justifying circumstance under the RPC but offender is not - Inherent in sovereignty
exempt from civil liability - A legislative power which if delegated to the
executive will now have power to decide whether
The owner of a thing has no right to prohibit the interference of to invoke and to what extent
another with the same, if the interference is necessary to avert - Requisites of Taking (Republic v. Castelvi)
an imminent hanger, and the threatened damage, compared to 2. Must be for public use
the damage arising to the owner from the interference, is much - Whatever is beneficially employed for the
greater. “the LEAST EVIL rule” community: only a reasonable necessity is required
- The fact that only a few benefit from the
ü State of necessity prevails over the principle of self-help. expropriation of private property does not diminish
its public use as long as public benefit or advantage
Right of the owner: Demand from the person benefited is present
indemnity for the damage to him (not necessarily the - A judicial question
actor). Exception: Tolentino – If the owner of the property • if the Congress specified the public
causing the danger would have been responsible for damages if purpose, courts are without jurisdiction to
the danger had not been averted (e.g. to prevent inundation, inquire into the necessity
demolition of a dam constructed without authority. The owner of • if authority given is a general one, courts
the dam need not be indemnified). Basis: benefit derived from have the power to inquire into the issue
the averment of danger or damage 3. Owner must be paid just compensation
- Equivalent for the value of the property at the time
Requisites: of the taking; fair and full equivalent for the loss
1. The interference is necessary to avert the threatened sustained
danger or damage - Payment of the amount within a reasonable time
2. The damage to another is much greater than the damage to after its taking
the property. - Determination is a judicial function
4. Requirement for due process of law must be observed
µ The seriousness or gravity of the danger must be much greater - Owner of a property shall have due notice and
than the damage to the property affected or destroyed by the hearing in expropriation proceedings (procedural)
protective act. - Is the law valid? (Substantive) Whether the taking
- If the interference is disproportionate to the of private property for private use, or without
danger, it becomes unlawful or wrongful compensation or payment of just compensation, or
 by a corporation which is not a “competent look for treasure. If the finder was so ordered by the owner,
authority” (offends substantive) his only right is to be paid his salary, unless a contrary
intention appears in the agreement.
µ if the requisites are not complied with, the courts shall protect, i. If the finder is a lessee or usufructuary, the latter gets 1/2; if
and in a proper case, restore possession to its owner found by another person other than the lessee or
usufructuary, 1/2 goes to him and 1/2 goes to the owner of
µ May be lost through estoppel or acquiescence, if he allows the the property on which it was found.
public utility company to use his land without objection, he is j. With respect to the term “other precious objects” it would
considered to have waived his right to possession but may only refer only to movables which are similar to money or jewelry
sue for just compensation (ejusdem generis rule); they include things of interest to
science or the arts.
POLICE POWER: When any property is condemned or seized by k. The deposit must be “hidden and unknown”, since if the
competent authority in the interest of health, safety or treasure is purposely hidden, the owner may recover it from
security, the owner thereof shall not be entitled to the finder unless he has abandoned the property or
compensation, unless he can show that such condemnation or considered it lost without hope of ever finding it.
seizure is unjustified; relates only to use and enjoyment and not l. Where the things discovered do not qualify as hidden
ownership of property nor his right to dispose of it; purposes treasure, the rules on occupation would apply.
are declared by valid legislation for it may be prejudicial to the
public interests; applicable to both real and personal property Module 4B: OWNERSHIP – RIGHT OF
Requisites: ACCESSION Arts. 440-475, NCC
1. The interest of the public in general, as distinguished from
those of a particular class, requires such interference. RIGHT OF ACCESSION
2. The means employed are reasonably necessary for the Definition: The right of the owner of a thing, real or personal, to
accomplishment of a purpose, and not unduly oppressive become the owner of everything which is produced thereby, or
upon individuals. which is incorporated or attached thereto, either naturally or
artificially.

RIGHTS TO HIDDEN TREASURE µ Does not apply to property that belongs to the public domain.

Concept: Treasure consists of money, jewels, or other precious µ Accession is not a mode of acquiring ownership.
objects which are hidden and unknown, such that their finding is - An exercise of the right of ownership, an extension
a real discovery, no known owner of the treasure appears of dominion over a principal thing to an accessory.

Rules: ACCESSION ACCESSORY

a. The treasure belongs to the owner of the land if he is the
finder.
b. The finder is entitled to 1/2 if he is not the owner of the
land, provided the discovery is by chance.
c. If the finder is a trespasser, he shall not be entitled to any
share of the treasure.
d. If the things found be of interest to science or the arts, the
State may acquire them at their just price, which shall be
divided equally among the land owner and the finder.
e. “By chance” means by good luck; there must be no purpose
or intent to look for treasure. If it does, the finder, who is
not the land owner, becomes a trespasser.
f. The Code Commission do not preclude a finder who hunts
for hidden treasure; But the one who looks for hidden
treasure on the property of another should have the latter’s
permission, since a trespasser is not entitled to any share in µ Since the law itself gives the right, accession may, in a sense, be
the hidden treasure he may find.
g. If the land owner gave his permission to the treasure hunter,
the latter is entitled to 1/2 because this is still a case of “by
chance”.
h. The rule is different if the finder is unaware of the hidden
treasure and he was commissioned by the land owner to
The fruits of, or additions Things joined to, or
to, or improvements upon, included with the principal
a thing (the principal) in its thing for the latter’s
three forms of building, embellishment, better use,
planting and sowing and or completion.
accession natural (alluvion,
avulsion, change of course
of rivers, and formation of
islands)
Not necessary to the The accessory and the
principal thing. principal must go together.
Both can exist only in relation to the principal.
considered as a mode of acquiring property under the law.
Kinds of Accession
1. Accession discreta: extension of the right of ownership to
the products of a thing.
µ Based on the principle of justice for it is only just that the
owner of a thing should also own whatever it produces.
Divisions: Natural fruits, industrial fruits, and civil fruits.
2. Accession continua: the acquisition of ownership over a
thing incorporated to that which belongs to the owner.
µ Based on convenience, necessity and utility, for it is more
practical that the owner of the principal should also own the
accessory instead of a co-ownership.
a. With respect to real property, it may either be.
I. Accession industrial (building, planting, sowing).
II. Accession natural (alluvium, avulsion/by force of river,
change of river course, and formation of islands).
b. With respect to personal property, it may be:
I. Conjunction or adjunction.
II. Commixtion or confusion.
III. Specification
e. Creditor in Antichresis: receive the fruits of an
immovable of his debtor, but with the obligation to
apply them, first, to the interest if owing, and then to
the principal amount of the credit.
Natural fruits:
a. The spontaneous products of the soil.
- Not through human cultivation or
labor
b. The young and other products of animals
µ Under the rule partus sequitur ventrem, to the owner
of female animals would also belong the young of such
animals although this right is lost when the owner mixes
his cattle with those of another. This rule merely
continues the ownership which the owner of the female
had while the young was still in the womb of the mother.

Basic principles on accession:
a. Accessory follows principal
b. Incorporation or union must be intimate that removal
or separation cannot be effected without substantial
injury to either or both.
c. Good faith exonerates a person from liability. As a
general rule, a person in bad faith has no rights and may
be held liable for damages. But in both cases, they are
entitled to reimbursement for necessary expenses for
cultivation, gathering and preservation.
d. Where the parties are equally in bad faith, they shall
both be considered as being in good faith.
e. No one should be unjustly enriched at the expense of
another.
Industrial fruits – The products of lands of any kind
which are produced through cultivation or labor.
µ Standing trees are not fruits since they are considered
immovables although they produce fruits themselves.
However, they may be considered as industrial fruits
when they are cultivated or exploited to carry on an
industry.
µ Grass is ordinarily a natural fruit but is considered an
industrial fruit when it is cultivated as food
µ Wild mushrooms are natural fruits but when
cultivated, they are industrial fruits.

ACCESSION DISCRETA Civil fruits:

RIGHT OF OWNER TO THE FRUITS a. Rents of buildings.
b. Prices of leases (rents) of lands and other property
Fruits: include all the products of things, the benefits from rights, (including movables).
and the advantage derived from the use of a thing. c. Amount of perpetual or life annuities or other
similar income.
Divisions: Natural fruits, industrial fruits, and civil fruits.
Payment of Expenses: He who receives the fruits has the
General rule: All fruits belong to the OWNER of a thing. obligation to pay the expenses made by a third person in their
µ The fruits may either be in the form of damages suffered by the production, gathering and preservation.
owner of a land.
Application: Where the owner of the property recovers the
Exceptions: same from a possessor and the possessor has not yet received
a. Possessor in good faith: entitled to the fruits received fruits although they may have already been gathered or
before the possession was legally interrupted harvested; OR the possessor has already received the fruits but is
b. Usufructuary: entitled to all the fruits of the property ordered to return the same to the owner
on usufruct
c. Lessee of rural lands: entitled to the fruits of the land µ The rule is in keeping with the principle on unjust enrichment
with the owner getting the civil fruits in the form of that no one may unjustly enrich himself at the expense of
rents paid by the lessee another.
d. Pledgee: receive the fruits, income, dividends, or
interests which the pledge earns or produces but with Expenses covered are those incurred by the possessor for the
the obligation to compensate or set-off what he production, gathering and preservation of the fruits are
receives with those which are owing him reimbursable.
 a. Dedicated to the annual production, and not for the
improvement of the property.
b. Not unnecessary, excessive, of for pure luxury.
c. Required by the condition of the work or the cultivation
made.
Effect of bad faith:
a. If the fruits have not yet been gathered at the time the
owner recovers possession from a possessor in bad faith, he
does not have the right of reimbursement of expenses nor
to the fruits since a possessor in bad faith loses that which
has been planted or sown, without right to any indemnity
whatsoever, except for necessary expenses of preservation.
µ If the possessor is in good faith, he has no rights to
reimbursement for his expenses since he is entitled to fruits
already received.
b. If the fruits are already severed or gathered, and are
ordered turned over to the owner of the land by the
possessor in bad faith, the latter is entitled to be reimbursed
and may deduct his expenses of cultivation, gathering and
preservation.
General Rule: Whatever is built, planted or sown on the land of
another and the improvements or repairs made thereon belong
to the owner of the land.
Important requisite: The owner of the land must be known,
otherwise no decision can be rendered on the ownership of the
thing planted, built or sown until a hearing shall have been
accorded to whosoever is entitled thereto.
Presumption: All works, sowing, and planting are presumed
made by the owner and at his expense, unless the contrary is
proved.
a. The works were made by the owner – based on positive
law; a land naturally has an owner and the law accordingly
presumes that he made the works, sowing or planting.
b. They were made at the owner’s expense – as a general rule.
It cannot be said that one who builds, plants or sows on
another’s land will do so at his expense but for the benefit of
the owner; hence, it must be presumed that what is built,
planted or sown is done at the expense of the owner
although the one who did so was a third person.

µ Even where such expenses exceed the value of the fruits, the RIGHTS WHERE THE LAND OWNER MAKES USE OF THE
owner must pay the expenses just the same because the law MATERIALS BELONGING TO ANOTHER IN PLANTING,
makes no distinction. CONSTRUCTING OR WORKING

µ Moreover, he who is entitled to the benefits and advantages Both parties in good faith: The land owner becomes the owner
must assume the risks and losses, the owner, however, may free of the materials but shall pay their value; However, the owner of
himself of the expenses by permitting the possessor to complete the materials shall have the right to remove them but only in
the harvesting and gathering of the fruits for him. case he can do so without injury to the plantings, constructions
or work.
WHEN NATURAL AND INDUSTRIAL FRUITS DEEMED TO
EXIST: Only such as are manifest or born are considered as Hence, the owner of the materials is entitled to:
natural or industrial fruits. With respect to animals, it is sufficient a. Reimbursement for the value of the materials; OR
that they are in the womb of the mother, although unborn. b. Removal of the materials if the same can be done without
injury to the plantings, constructions or work.
µ Civil fruits are easily prorated for they are deemed to accrue
daily and belong to the possessor in good faith in that proportion. Land owner in bad faith and owner of the materials in good
faith: He becomes the owner of the materials but he shall be
Natural and industrial fruits while still pending (ungathered) are obliged to pay their value plus reparation for damages; However,
real property. Their special nature requires rules so that the the owner of the materials may remove them even if the
time when they are deemed to exist must be definitely fixed. removal may cause injury to the plantings, constructions or
a. Plants which produce only one crop and then perish: work.
from the time the seedlings appear from the ground
b. Plants and trees which live for years and produce Hence, the owner of the materials is entitled to:
periodic fruits: from the time they actually appear on a. Reimbursement for the value of the materials plus
the plants or trees reparation for damages; OR
c. Animals: from the beginning of the maximum ordinary b. Removal of the materials whether or not injury could be
period of gestation caused plus reparation for damages.
d. Fowls: retroact to the beginning of incubation
Landowner in good faith and the owner of materials in bad
ACCESSION CONTINUA (INDUSTRIAL) faith: The latter would be liable for any consequential damages,
IMMOVABLE PROPERTY without right of removal.
BUILDING, PLANTING, SOWING
Both parties in bad faith: They shall both be treated as being in
good faith.
 µ During the period of retention, the BSP is not necessarily a
µ The owner cannot offer to return the materials instead of possessor in good faith. Hence, if he receives fruits from the
paying their value; Nevertheless, if the materials have not been property, he is obliged to account for such fruits, so that the
damaged or transformed and can be returned in their original amount thereof may be deducted from the amount of indemnity
condition, the landowner may do so at his expense, even without to be paid to him by the owner of the land.
the consent of the owner of the materials.
b.OR, To oblige the sower to pay the proper rent, and the
What is bad faith? builder or planter to pay the price of the land unless the
On the part of the land owner: If he knew that he had no right to value of the land is considerably more than what has been
make use of such materials. built or planted. In the latter case, the builder or planter
shall pay reasonable rent, unless the owner appropriates the
On the part of the owner of the materials: If the materials were improvement.
used by another in his presence, with his knowledge and µ In the event of the failure of the builder or planter to pay after
forbearance, and without opposition on his part. the land owner opted to sell the land, the latter is entitled to
removal of the improvement.

RIGHTS OF BUILDER, SOWER OR PLANTER (BSP) WHERE c. In case the BSP is required to pay reasonable rent, a lease
THE CONSTRUCTION, PLANTING OR SOWING IS MADE relationship is created. In case the parties cannot agree on
IN A LAND BELONGING TO ANOTHER the terms of the lease, the Court shall fix such terms.

µ The improvements herein must be of a permanent character.

BOTH PARTIES IN GOOD FAITH Otherwise, there is no accession and the builder or planter must
remove the construction.
µ It is the owner of the land who is allowed to exercise the option µ In case of eminent domain, land owner cannot exercise option
because his right is older and because by the principle of “a”.
accession, he is entitled to the ownership of the accessory thing. µ In case there is a contractual relation, the provisions of such
agreement shall be followed; the mentioned rules apply even if
The landowner is given an option, either: the land owner is the government.

a. To appropriate the improvement as his own upon payment BSP IN BAD FAITH AND LAND OWNER IN GOOD FAITH
of the required indemnity: necessary and useful
expenses; luxurious expenses shall not be refunded but may Rule: He who builds, sows or plants in bad faith on the land of
be removed if the same can be done without injury to the another, loses what is built, planted or sown without right to
principal, unless the land owner gives refund thereof; indemnity.

Hence, the BSP is entitled to: As a matter of justice, however, BSP is entitled to reimbursement
I. Reimbursement for the value of the improvement; AND for necessary expenses of preservation of the land incurred by
II. Reimbursement for necessary and useful expenses; him but without the right of retention.
luxurious expenses shall not be refunded but may be
removed if the same can be done without injury to the Effect to the fruits:
principal, unless the land owner gives refund. a. If the fruits have not yet been gathered, the land owner
does not have to pay for production expenses since a BSP in
µ The obligation to pay indemnity is a personal obligation. Hence, bad faith loses that which has been planted or sown,
as a rule, cannot be transferred. without right to any indemnity whatsoever, except for
necessary expenses of preservation.
Right of retention: Only the BSP in good faith may retain both µ The land owner acquires the fruits by accession.
the land and the improvements even against the real owner until
the indemnity has been paid in full by the landowner who has b. If the fruits are already severed or gathered by the BSP in
elected to appropriate the improvements. Consequently, the bad faith, but they are ordered to be turned-over to the land
land owner has no right to demand payment of rents for the owner, the former is entitled to be reimbursement for
occupation of the land. expenses of cultivation, gathering and preservation.

µ Where the improvements have been destroyed by a fortuitous ALTERNATIVE RIGHTS OF LANDOWNER
event without the fault of the landowner, the right of retention is
extinguished; hence, there is no other recourse for him but to 1. To appropriate what has been built, sown, or planted in bad
vacate the premises and deliver the land to its owner. faith without any obligation to pay any indemnity except for
 necessary expenses for the preservation of the land, plus
damages
2. To ask the removal or demolition of what has been built,
planted or sown in order to replace things in their former
condition at the BSP’s expense, plus damages.
3. To compel the sower to pay the proper rent, and the builder
or planter to pay the value of the land, whether or not the
value of the land is considerably more than the value of the
improvements, plus damages.
Hence, the BSP in bad faith has the following liabilities:
1. He loses what is built, planted or sown without right to
indemnity, except for necessary expenses.
2. He may be required to recover or demolish the work in
order to replace things in their former condition at his own
expense.
3. He may be compelled to pay the price of the land, and in
the case of the sower, to pay the rent.
4. He is liable for damages.
BOTH PARTIES IN BAD FAITH
Their rights shall be determined as if both acted in good faith.
- A lessee cannot be characterized as a builder in
good faith because the lessee knows at the
outset that he is not the owner of the land and
that his occupancy continues only during the
life of the lease
- If a landowner constructs on his own land and
later sold it, Art. 448 does not apply. But if he
lost the ownership by virtue of a court
judgement, Art. 448 may be applied by analogy
-
WHERE LANDOWNER, BSP AND OWNER OF MATERIALS
ARE DIFFERENT PERSONS
Owner of materials acted in good faith regardless of the good
or bad faith of the land owner or BSP:
The owner of the materials is entitled to reimbursement for the
value of the materials principally from the BSP because he is the
one who made use of the same, and subsidiarily from the land
owner, if the BSP has no property with which to pay.
Owner of materials acted in bad faith but the land owner and
the BSP are in good faith:

What is bad faith? The owner of the materials forfeits his rights thereto without the
On the part of the land owner: whenever the act was done with right to be indemnified as if he himself built, planted, or sowed in
his knowledge and without opposition on his part. bad faith.

On the part of the BSP: when he builds, sows, or plants, knowing BSP acted in bad faith but Land owner and owner of the
that the land does not belong to him and he has no right to build, materials acted in good faith:
sow or plant thereon.
a. If the land owner appropriates the accession, BSP shall be
principally liable to the owner of the materials for their
LANDOWNER IN BAD FAITH BUT BSP IN GOOD FAITH value plus damages. In case of insolvency of the BSP, the
land owner shall be subsidiarily liable to the owner of the
The land owner is considered as having made the building, materials for their value but NOT for damages for he acted
sowing or planting, and the BSP shall be considered as the owner in good faith. BSP is also liable to the owner of the land for
of the materials. Hence, the land owner shall pay the value of damages.
the materials plus damages because of his bad faith. However, b. If the land owner elects to have the improvement removed,
the owner of the materials may remove them even if the the materials will revert to their owner. The latter will be
removal may cause injury to the plantings, constructions or entitled to damages from the BSP.
work.
Land owner acted in good faith but owner of the materials and
Hence, the BSP is entitled to: BSP acted in bad faith:

a. Reimbursement for the value of the materials plus a. The land owner can exercise his alternative rights.
reparation for damages; OR b. Since both the owner of the materials and BSP acted in bad
b. Removal of the materials whether or not injury could be faith, they are treated as having both acted in good faith.
caused plus reparation for damages. Hence, the owner of the materials is entitled to be
reimbursed by the BSP.
Art. 448 does not apply to cases which are governed by other
provisions of law. Where there is a contractual relation existing All acted in bad faith:
between the landowner, builder, planter, and sower, their
stipulations, primarily and the pertinent provisions of the Civil Their rights shall be the same as though all of them acted in good
Code on ObliCon shall govern. faith.
Requisites for the subsidiary liability of landowner for the value the soil itself. imperceptively receives
of the materials: addition made by the
1. The owner of the materials has not acted in bad faith. water to which the land is
2. The BSP has no property with which to pay. contiguous.
3. Land owner appropriates the accession to himself. Brought about by The addition or increase
accretion. received by the land.
Right of BSP who pays owner of materials of its value:
Rule: to the owners of the lands adjoining the banks of rivers
The former may seek reimbursement from the land owner for belong the accretions which they gradually receive from the
the value of the materials and labor to prevent unjust effects of the current of the waters.
enrichment of the landowner at the expense of the builder; this
is true if: Burden of proof: the one claiming accretion has the burden of
1. The BSP acted in good faith. proof
2. The owner of the land appropriates the improvement.
µ Alluvion has taken place already when the deposit of sediment
GOOD FAITH MAY CO-EXIST WITH NEGLIGENCE: A party guilty of has reached a level higher than the highest level of the water
negligence, irrespective of his good faith, shall be liable for the during the year.
damage done in accordance with the rule on culpa aquiliana or µ The law does not require an express act of appropriation or
quasi – delict. possession to acquire ownership of the alluvial accumulation. It
belongs to the riparian owner from the time that the deposit
created by the current of the water becomes manifest.
ACCESSION CONTINUA (NATURAL) Rationale of alluvion: (reasons for alluvion) why the riparian
IMMOVABLE PROPERTY owner is granted the right to any land or alluvion deposited by
ACCRETION also known as ALLUVION the river.
1. To compensate him for the danger of the loss that he
Definition: It is the increment which lands abutting rivers suffers because of the location of his land (for the estates
gradually receive as a result of the current of the waters, or the bordering on rivers are exposed to floods and other damage
gradual and imperceptible addition to the banks of the rivers. produced by the destructive force of waters).
2. To compensate him for the encumbrances and various
µThe gradual alluvial deposits must be due to the effects of the kinds of easements to which his property is subject.
river currents 3. To promote the interests of agriculture for the riparian
µ Portions of land formed by accretion not forming part of the owner is in the best position to utilize the accretion.
bed of a lake (not covered by its waters at their highest ordinary
depth) do not belong to the public domain. µ it is almost impossible to prove from whose lands the gradual
accretions came from
Requisites:
1. The deposit or accumulation of soil or sediment must be µ A riparian owner cannot acquire the addition to his land caused
gradual and imperceptible. by special/artificial works expressly intended by him to bring
- slow and hardly perceptible accumulation of soil about accretion without proper permission from government
- sudden and forceful action like flooding is not the authorities. Even if such reclamation has been authorized, the
alluvial process contemplated reclaimed land does not automatically belong to the party
2. The accretion results from the effects or action of the claiming the same as they may still be subject to the terms of the
current of the waters of the river (or the sea). authority earlier granted. Hence, a riparian owner cannot
- “current” indicates the participation of the body of register accretions to his land constructed for reclamation
water in the ebb and flow of waters due to high and purposes.
low tide.
- An exclusive work of nature Accretions affecting lands registered under the Torrens system:
3. The land where accretion takes place must be adjacent to Increase of Area:
the bank of a river (creeks, streams rivers and lakes – µ The alluvion is automatically owned by the riparian owner from
Spanish Law of Waters) the moment the soil deposit can be seen. However, it does not
- Does not apply to lands added to the shores caused automatically become registered land just because the lot which
by the action of the sea for these are now classified receives such accretion is covered by a Torrens title. Hence, the
as public domain. alluvial property is subject to prescription. If he fails to register
Alluvion Accretion said accretion within the prescribed period, the alluvial deposit
The act or the process by may be subjected to acquisition through prescription by a third
which a riparian land person. (accretion is governed by Civil Code and the ownership by
The deposit of soil or to generally and the Torrens system)

Decrease of Area:
µ However, registration under the Torrens system does not
protect the riparian owner against diminution of the area of his
land through gradual changes in the course of the adjoining
stream.
µ If the riparian land is subject to easement established by the
government, the riparian owner has the right to the accretion. 1. The segregation and transfer must be caused by the current
The easement does not deprive the owner of his ownership.
RIVER: three elements (1) running waters; (2) the bed; and (3)
the banks. cannot exist without all its parts
- River beds are public domain and not open to
registration under the Torrens system
- If a riparian owner claims that a dried river bed is
his by accretion, he should file a registration of land
title
- River banks are also of public dominion
ESTATES ADJOINING PONDS OR LAGOONS
Rule: The owners of estates adjoining ponds or lagoons
do not acquire the land left dry by the natural decrease
of the waters, or loss that inundated by them in
extraordinary floods.
- Is not applicable when the estate adjoins a
creek, stream, river, or lake. (lakes are of
the same category of creeks, streams and
rivers)
Ponds: a body of stagnant water without an outlet,
larger than a puddle and smaller than a lake, or a like
body of water with a small outlet.
Lagoon: a small lake, ordinarily of fresh water, and not
very deep, fed by floods, the hollow bed of which is
bounded by elevations of land
Lake: formed in depressions of the earth, ordinarily
fresh water, coming from rivers, brooks or springs, and
connected with the sea by them .
Tolentino: Art. 458 provides an exception to alluvion;
does not exclude the possibility of the loss or acquisition
of the lands to which it refers, by prescription.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
AVULSION/BY FORCE OF RIVER
Definition: It is the accretion which takes place when the
current of the river, creek or torrent segregates from an estate
on its bank a known portion and transfers it to another estate, in
which case, the owner of the estate to which the segregated
portion belonged, retains the ownership thereof. ; not caused by
the slow and constant action of the waters but by the sudden
and violent action of a torrent.
AVULSION: transfer of a known portion of land from one
tenement to another by the force of the current. Tolentino: It
can also be transferred by other sources like erosion of a
mountain slope since the no express provision on this matter. It
can be applied by analogy.
Requisites:
of a river, creek, or torrent (or by other forces, e.g.
earthquake).
- Current: continuous movement of a body of water,
often horizontal, in a certain direction
- River: a natural surface stream of water of
considerable volume and permanent or seasonal
flow emptying into an ocean, lake or other body of
water.
- Creek: a small islet extending further into the land;
a natural stream of water normally smaller than
and often tributary to a river
- Torrent: a violent stream of water as a flooded river
or one suddenly raised by a heavy rain and
descending a steep incline; a raging flood or rushing
stream of water.
2. The segregation and transfer must be sudden or abrupt.
- Absence of evidence as to whether the change in
the course of a river was caused by accretion and
erosion (avulsion) or whether it had occurred
through avulsion, the presumption is that the
change was gradual and was caused by alluvion.
3. The portion of land transported must be known or
identifiable.
- Contemplates a mass of earth suddenly transferred
from one estate to another and, therefore,
removable by the original owner.
µ The owner of the estate to which the segregated portion
belongs preserves his ownership of the segregated portion
provided he removes (not merely claims) the same within the
period of 2 years. Failure to do so would have the effect of
automatically transferring ownership over it to the owner of
the other estate (not expressly stated).
- No express provision that the new owner take
formal possession of the segregated portion nor
any distinction between voluntary or involuntary
failure an d between private land and land of public
domain.
Alluvion Avulsion
The deposit of soil is gradual. The deposit it is sudden and
abrupt.
The deposit of the soil The owner of the property
belongs to the owner of the from which a part was
property where the same detached retains the
was deposited. ownership thereof.
The soil cannot be identified. The detached portion can
be identified.
REASONS ON REMOVAL
1. Segregated land is usually very small and is thus useless to
the original owner and is generally far from the other land
2. Principle is similar to Art. 460
3. If the owner of the separated land retains ownership, he
would have the right to enter the other estate at any time
which may create an ill-feeling between them
4. After some time this land may become permanently
attached to the land
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
TREES UPROOTED/BY FORCE OF RIVER
Rule: Trees uprooted and carried away by the current of the
waters belong to the owner of the land upon which they may be
case, if the owners do not claim them within 6 months. If such
owners claim them, they shall pay the expenses incurred in
gathering or putting them in a safe place.
Scope: This rule refers to uprooted trees only. If a known portion more owners whose lands are occupied by the new bed.
of land with trees standing thereon is carried away by the current Therefore, if only one owner lost a portion of his land, the entire
to another land, the rule on avulsion governs.
2. The change must be abrupt or sudden; the change must be
more or less permanent in nature; the change in the river
course must leave dry the old bed and open up a new bed.
µ However, the owners of land adjoining the old bed are given
preferential right to acquire the same by paying the value
thereof to promote the interest of agriculture because the
riparian owners of the old course/bed can better cultivate the
same. The indemnification to be paid shall not exceed the value
of the area occupied by the new bed. In case of disagreement,
the court shall fix the reasonable indemnity.
µ River beds are part of public domain. In this case, there is
abandonment by the government of its right over the old bed.
The owner of the invaded land automatically acquires ownership
of the same without the necessity of any formal act on his part
as it is subject thereto ipso jure from the moment the mode of
acquisition becomes eivdent
µ “In proportion to the area lost” implies that there are two or
old bed should belong to him.

Period to claim: The period for making a claim is 6 months; it is a

condition precedent and not a period of prescription (De Leon). ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
After a claim is made within six months, an action may be NEW RIVER BED WITHOUT ABANDONMENT
brought within the period provided by law for prescription of
movables. Rule: Whenever a river, changing its course by NATURAL causes,
opens a new bed through a private estate, this bed shall become
Payment of expenses for preservation: The original owner of public dominion.
claiming the trees is liable to pay the expenses incurred by the
owner of the land upon which they have been cast in gathering µ The bed of a public river or stream is of public ownership. If
or putting them in a safe place. the river changes its course and opens a new bed, this bed
becomes of public dominion even if it is on private property. The
change of course must be by natural means and not due to man-
ACCESSION CONTINUA (NATURAL) made causes.
IMMOVABLE PROPERTY µ The law does not make any distinction whether the river is
ABANDONED RIVER BED/CHANGE IN THE COURSE OF navigable or not.
RIVER
ACCESSION CONTINUA (NATURAL)
Rule: River beds which are abandoned through the NATURAL IMMOVABLE PROPERTY
change in the course of waters ipso facto belong to the owners BRANCHING OF COURSE OF RIVER
whose lands are occupied by the new course in proportion to the
area lost. Rule: Whenever the current of a river divides itself into
branches, leaving a piece of land or part thereof isolated, the
Requisites: owner of the land retains his ownership thereto. He also retains
1. There must be a natural change in the course of the waters ownership to a portion of his land separated from the estate by
of the river; the current.
a. the law speaks of change of river course such that if
a river simply dries up or disappears, the bed left µ The provision does not refer to the formation of islands
dry will belong to public dominion; the river must through accretion, but refers to the formation of an island
continue to exist with a new bed. caused by a river dividing itself into branches resulting in:
b. Does not apply to man-made or artificial accretions, a. Isolation (without being physically transferred) of a piece of
nor to accretions to lands adjoining canals or land or part thereof; OR
esteros or artificial drainage systems
b. Separation (physical transfer, but not to the point
of becoming avulsion) of a portion of land from an estate by
the current
µ The owner preserves his ownership of the isolated or
separated property.
µ The law does not make any distinction whether the river is
navigable or not. ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
ACCESSION CONTINUA (NATURAL) ADJUNCTION OR CONJUNCTION
IMMOVABLE PROPERTY
FORMATION OF ISLANDS Definition: It is the union of 2 movable things belonging to
different owners in such a way that they form a single object, but
Rules: each one of the component things preserves its value.
1. If formed (a) on the seas within the jurisdiction of the
Philippines, (b) on lakes, or (c) on navigable or floatable Characteristics:
rivers: the island belongs to the State as part of its
patrimonial property. 1. There are two movables belonging to different owners.
2. They are united in such a way that they form a single object.
µ A navigable river is one which in its natural state affords a 3. They are so inseparable that their separation would impair
channel for useful commerce and not such as is only sufficient to their nature and result in substantial injury to either
float a banca or a canoe. component.
American jurisprudence: WHETHER IT IS NAVIGABLE IN
FACT – if it is used or susceptible of being used, in its Kinds:
ordinary condition, as a highway of commerce, that is
for trade and travel in the usual and ordinary modes. 1. Inclusion or engraftment (e.g. Diamond is set on a gold
ring).
2. If formed in non – navigable and non – floatable rivers:
2. Soldadura or soldering (e.g. Lead is united or fused to an
a. It belongs to the nearest riparian owner, or owner object made of lead; it is ferruminacion if both the accessory
of the margin or bank nearest to it as he is and principal objects are of the same metal; and plumbatura
considered on the best position to cultivate and if they are of different metals).
develop the island.
• No specific act of possession is required 3. Escritura or writing (e.g. when a person writes on paper
• May claim ignorance of the law as valid belonging to another).
defense to support a claim of good faith
• If he does not qualify as a possessor in 4. Pintura or painting (e.g. when a person paints on canvas
good faith, ownership may only be belonging to another).
acquired over the island through
uninterrupted adverse possession for a 5. Tejido or weaving (e.g. when threads belonging to different
period of 30 years. owners are used in making textile).
b. If the island is in the middle of the river, the island
is divided longitudinally in halves. If the island ü Where adjunction involves 3 or more things, the following rules
formed is longer than the property of the riparian shall also be applied equitably.
owner, the latter is deemed ipso jure to be the
owner of that portion which corresponds to the Rules: Sentimental value shall be duly appreciated.
length of that portion of his property along the
margin of the river. 1. ADJUNCTION IN GOOD FAITH: If the union took place
• Island formed between an existing island without bad faith, the owner of the principal thing acquires
and an opposite bank, the owner of the the accessory, with the obligation to indemnify the owner of
older island is considered a riparian owner the accessory for its value.
together with the owner of the land
adjoining the bank for the purpose of Tests to determine the principal in adjunction: In the order of
determining ownership of the island. application, the principal is that:
a. To which the accessory has been united as an ornament or
c. If a single island be more distant from one margin for its use or perfection (RULE OF IMPORTANCE AND
than from the other, the owner of the nearer PURPOSE).
margin shall be the sole owner thereof. b. Of greater value, if they are of unequal values.
c. Of greater volume, if they are of an equal value. Definition: Takes place when two or more things belonging to
d. Of greater merits taking into consideration all the pertinent different owners are mixed or combined with the respective
legal provisions applicable as well as the comparative merits, identities of the component parts destroyed or lost.
utility and volume of their respective things.
Commixtion/confusion Adjunction
µ In paintings and sculpture, writings, printed matter, engraving There is a greater degree of Union of two movable
and lithographs, the board, metal stone, canvas, paper or interpenetration, and in things in such a way that
parchment shall be deemed the accessory thing. certain cases, even they form a single object
decomposition of the things but each one of the
which have been mixed. component things
2. ADJUNCTION IN BAD FAITH: If the union took place in bad preserves its value.
faith, the following rules shall apply:
ü Strictly speaking, there is no accession in mixture since there
a. Bad faith on the part of owner of accessory: is neither a principal nor an accessory.

I. He shall lose the thing incorporated, AND
II. He shall be liable for damages to the owner of the
principal thing, or the payment of the price, including its 1. Commixtion or the mixture of solid things belonging to
sentimental value as appraised by experts.
III. The principal may demand for the delivery of a thing
equal in kind and value and in all other respects to that 2. Confusion or the mixture of liquid things belonging to
of the principal thing, or the payment of the price,
including its sentimental value as appraised by experts.
b. Bad faith on the part of the owner of the principal:
The owner of the accessory thing is given the option either:
I. To require the owner of the principal thing to pay the b.
value of the accessory thing, plus damages.
II. To have the accessory thing separated even if it be
necessary to destroy the principal thing, plus damages.
III. The accessory may demand for the delivery of a thing
equal in kind and value and in all other respects to that
of the accessory thing, or the payment of the price,
including its sentimental value as appraised by experts.
2.
c. Both parties in bad faith: their respective rights are to be
determined as though both acted in good faith. a.
b.
WHEN SEPARATION OF THINGS UNITED ALLOWED
a. In case of separation without injury, their respective
owners may demand their separation.
b. In case the accessory is much more precious than the
principal, the owner of the accessory may demand its
separation even though the principal may suffer injury.
c. In case the owner of principal acted in bad faith.
Kinds: The mixture may be voluntary or by chance.
different owners.
different owners.
Rules: Sentimental value shall be duly appreciated.
1. Mixture by will of both the owners or by chance:
a. Their rights shall first be governed by their stipulations.
If the things mixed are of the same kind and quality, there is
no conflict of rights, and the mixture can easily be divided
between the 2 owners.
c. If the things mixed are of different kind and quality, in the
absence of a stipulation, each owner acquires a right or
interest in the mixture in proportion to the value of his
material as in co-ownership.
Mixture caused by an owner in good faith or by chance:
Their rights shall first be governed by their stipulations.
If the things mixed are of the same kind and quality, there is
no conflict of rights, and the mixture can easily be divided
between the 2 owners.
c. If the things mixed are of different kind and quality, in the
absence of a stipulation, each owner acquires a right or
interest in the mixture in proportion to the value of his
material as in co-ownership.
µ Co-ownership arises when the things mixed are of different
kinds or quality. The expenses incident to separation shall be
borne by all the owners in proportion to their respective interests
in the mixture.

ACCESSION CONTINUA (INDUSTRIAL) 3. Mixture caused by an owner in bad faith: The owner in bad
MOVABLE PROPERTY faith not only forfeits the thing belonging to him but also
COMMIXTION OR CONFUSION becomes liable to pay indemnity for the damages caused to
the other owner.
4. Mixture by both owners in bad faith: There is bad faith 1.
when the mixture is made with the knowledge and without
the objection of the other owner. Accordingly, their
respective rights shall be determined as though both acted
in good faith. 2.
In Adjunction and Mixture, there would be at least two
things, while in the Specification, there may be only one
thing whose form is changed.
In Adjunction and Specification, the component parts retain
or preserve their nature, while in Mixture, the things mixed
may or may not retain their respective original nature.

ACCESSION CONTINUA (INDUSTRIAL) 3. In Adjunction and Specification, the principle that ‘accessory
MOVABLE PROPERTY follows the principal’ applies, while in Mixture, co-
SPECIFICATION ownership results.

Definition: Takes place whenever the work of a person is done

on the material of another, and such material, as a consequence
of the work itself, undergoes a transformation.
1. Worker and owner of the materials in good faith: The
worker becomes the owner of the work/transformed thing
but he must indemnify the owner of the material for its
value.
APPRAISAL OF SENTIMENTAL VALUE: Sentimental value
shall be duly appreciated in the payment of the proper
indemnity in accessions with respect to movable property.
µ Sentimental value attached to a thing is not always easy to
estimate, as such it may be considered by the court.

Exception: If the material is more precious or of more value than

the work/transformed thing, the owner of the material may
choose:

a. To appropriate the new thing to himself but must pay for

the value of the work or labor, OR
b. To demand indemnity for the material.

2. Worker in bad faith but the owner of the material in good

faith: The owner of the material has the option either:

a. To appropriate the work to himself without paying the

maker, OR
b. To demand the value of the material plus damages.

Limitation: The first option is not available in case the value of

the work, for artistic or scientific reasons, is considerably more
than that of the material, to prevent unjust enrichment.

3. Owner of the materials in bad faith but the worker is in

good faith: The owner of the material is in bad faith when
he does not object to the employment of his materials.
Accordingly, he shall lose his materials and shall have the
obligation to indemnify the worker fro the damages he may
have suffered (Art. 470 by analogy, Tolentino).

4. Both owners are in bad faith: Their rights shall be

determined as though both acted in good faith.

Adjunction, Mixture, and Specification distinguished: