Chapter 3: Property in relation to the person to whom it 3.

Right to recover
belongs 4. Right to exclude others from the enjoyment and
disposal thereof
Property is either 5. May enclose or fence his property, without
detriment to servitudes constituted thereon.
1. Public dominion
6. Right to compensation on case of eminent
2. Private ownership domain
Property of Public dominion are 7. Right to the surface, sub-surface and the space
above the land
1. Those intended for public usef, such as 8. Right to the hidden treasure, and
a. Roads 9. Right of accession
b. Canals
c. Rivers Limitations
d. Torrents 1. The owner cannot make use thereof in such a
e. Ports and bridges constructed by the state manner as to injure the rights of a third person
(art. 431)
f. Banks
2. The owner has no right to prohibit the
g. Shores
interference of another, if the interference is
h. Roadsteads necessary to avert an imminent danger and the
2. Those belong to the state threatened damage, compared the damage
-without being for public use arising to the owner arising from the interference
- intended for some public service is much greater.
- for the development of national wealth 3. Under the law, one who claims to be the owner
of a property possessed by another must bring
Patrimonial Property- the appropriate judicial actions for its physical
a. all other property of the state which is not of the recovery.
 Under article 539 of the civil
character of the in the preceding article. (Art.
code, every possessor has a right
421)
to be respected in his
b. Property of public dominion when no longer possession, and if deprived of
intended for public used or public service (Art. such right, the law shall restore
422) it to him. Thus the owners or
possessors has to no authority to
Property of private ownership- consist of all property
use force and violence to eject
belonging to private persons, either individually or
alleged usurpers who were in
collectively. prior possession of it.
4. In action to recover, the property must be
identified, and the plaintiff must rely on the
OWNERSHIP- an independent right of exclusive strength of his title and not on the weakness of
enjoyment and control of the thing for the purpose of the defendants claim.
deriving therefrom all advantages required by the
reasonable needs of the owner and the promotion of the 3 action available to recover possession of real
general welfare but subject to the restrictions imposed by property.
a. Accion reivindicatoria- an action for the
law and the right of others.
recovery of possession of real property
Object of ownership as an element of ownership.
1. Things b. Accion publiciana or accion plenaria de
2. Right posesion- is an ordinary civil proceeding
to determine the better right of
Rights included possession of realty independently of
1. Right to enjoy which includes the title.
a. Right over the fruits (jus fruendi) It is also refers to an ejectment suit filed
b. Right to possess (jus possidendi) after the expiration of one year from the
c. Right to use (jus utendi) accrual of the cause of action or from
d. Right to consume (jus abutendi) the unlawful withholding of possession
2. Right to dispose of the realty.
 The objective is to recover possession
only not ownership.
c. Accion interdictal- comprises two
distinct causes of action, namely,
forcible entry and unlawful detainer.
Forcible entry- one is deprived of
physical possession of real property by
means of force, intimidation, strategy,
threats, or stealth.
Unlawful detainer- one illegally
withholds possession after the expiration
or termination of his right to hold
possession under any contract, express
or implied.
No person shall be deprived of his property
Except:
- by competent authority and
- for public used and
- upon payment of just compensation
Not entitled to compensation
- When any property is condemned or seized by
competent authority in the interest of health,
safety or security
- Unless he can show that such condemnation or
seizure is unjustified.
RULES ON HIDDEN TREASURE
1. Belongs to the owner of the land, building, or
other property on which it is found
2. When the discovery is made on the property of
another, or the State, or any its subdivisions, and
by chance, ½ shall be allowed to the finder
3. If the finder is a trespasser, he shall not be
entitled to any share of the treasure.
4. If the thing found be of interests to science or
the arts, the State may acquire them at their just
price, which shall be divided on conformity with
the rule.
Treasure- any hidden and unknown deposit of money,
jewelry or other precious objects, the lawful ownership
of which does not appear.
RIGHT OF ACCESSION
Accession- the right of the owner of the thing to become
the owner of everything that is produced thereby or
which is incorporated or attached thereto, either
naturally or artificially.
Two kinds of accessions
1. Accession discreta- is the right of the owner of
the property to whatever is produced thereby or
to the fruits of the same.
2. Accession continua- takes place when the
property of another is incorporated to ours, or
the right to acquire whatever is attached or
incorporated naturally or artificially
Accession Discreta
Kinds of fruits
1. Natural fruits- spontaneous products of the soil,
and the young and other products of animals.
2. Industrial fruits- those produced by lands of any
kind through cultivation or labor.
 He who received the fruits has the
obligation to pay the expenses made by
third person in their cultivation,
gathering and preservation.
 The possessor in bad faith is obliged to
reimburse the fruits, but entitled to
recover the expenses he incurred.
 Onlys such as are manifest or born are
considered as natural or industrial fruits
 With respect to animals, it is sufficient
that they are in the womb of the mother,
although unborn.
3. Civil fruits- the rents of the buildings, the price
of leases of lands and other property and the
amount of perpetual or life annuities or othe
similar income
Accession Continua
1. Immovable property
a. Accession industrial- through
1. Building,
2. Planting or
3. Sowing
b. Accession natural
1. Alluvion
2. Avulsion
3. Change of course of the river
4. Formation of islands
2. Movable property
a. Adjunction or conjunction
1. Inclusion
2. Engraftment
3. Soldadura or attachment
4. Tejido or weaving
5. Pintura or painting
6. Scritura or writing
 b. Commixtion or confusion or specification
Natural Accretion
Alluvium- is the soil deposited on the estate fronting the
river bank.
Accretion- is the process whereby the soil is deposited
Title III- CO-OWNERSHIP
Co-ownership- ownership of undivided things belong to
different persons.
 The share of co-owners (benefits and charges)
shall be proportional to their respective interest.
Any stipulation in the contract to contrary shall
be void
 Co-ownership is presumed equal
 Co-owner may use the thing, provided he does
so:
1. Accordance with the purpose for which it is
intended
2. In a such a way not to injure the interest of
the co-onwerhip or prevent the other co-
owners from using it.
 The purpose of co-ownership may change by
agreement, express or implied.
 Each co-owner shall contribute to the expenses
of preservation of the thing or right owned in
common and to taxes. Anyone may exempt
himself by renouncing so much of his undivided
interest as may be equivalent to his share of the
expenses and taxes.
 Repairs for preservation, must first notify his co-
owners of the necessity of the repairs
 Expenses to improve or embellish shall be
decided by the majority.
 An agreement to keep the thing undivided for a
certain period, not exceeding 10 years shall be
valid.
 A donor or testator may prohibit partition for a
period which shall not exceed 20 years
Rules whenever different stories of the house belongs
to different owners.
1. Main party wall, roof and other things used in
common shall be preserved at the expense of all
the owners in proportion to the value of the story
belonging to each.
2. Each owner shall bear the cost of the
maintaining the floor of his story.
3. The floor of the entrance, front door, common
yard and sanitary works common to all shall be
maintained at the expense of all the owners pro-
rata.
4. The stairs from the entrance to the first story
shall be maintained at the expense of all the
owners pro rata with the exception of the owner
of the ground floor, and so on successively.
A co-owner shall have:
- Full ownership of his part and the fruits and
benefits pertaining thereto.
- He may alienate, assign or mortgage it
 But the effect of alienation or mortgage,
shall be limited to the portion which
may be allotted to him in the division
upon termination of the co-ownership.
- He may even substitute another person in its
enjoyment.
- May demand at any time the partition of the
thing owned in common, insofar as his share is
concerned.
- Cannot demand a physical division of the thing
owned in common when to do so would render it
unserviceable for which it is intended. (Art.495)
Partition may made
1. By agreement between parties
2. By judicial proceedings
Possession- is the holding of a thing or the enjoyment of
a right (art. 523)
Requisites
1. There must be occupancy, apprehension or
taking
2. There must be intent to posses (animus
possidendi)
2 Concepts of possession
1. In the concept of owner
 Refers to the opinion or belief of the
neighbors and the rest of the world and
not that of the possessor.
 Can serve as a title for acquiring
dominion
  Has in his favor the legal presumption
that he possesses with a just title and the
cannot be obliged to show or prove it.
2. In the concept of the holder of the thing or right
 Those whose interest is merely that of a
holder such as a mere tenant, agent, or
usufructuary.
Good faith- not aware that there exists in his title or
mode of acquisition any flaw which invalidates it.
- Is always presumed and upon him who alleges
bad faith rests the burden of proof.
- Does not lose this character except in the case
and from the moment facts exist which show
that the possessor is not unaware he possesses
the thing improperly or wrongfully.
Requisites for possession in good faith
1. The possessor has a title or mode of acquisition
2. There is a flaw or defect in said title or mode
which invalidates it
3. The possessor is unware of the flaw or defect
Object of possession
- Only things and rights which are susceptible of
being appropriated.
Possession is acquired by:
1. Material occupation of a thing
2. Exercise of a right
Possession of hereditary property
- Deemed transmitted to the heir without
interruption and from the moment of the death
of the decedent
- One who validly renounces an inheritance is
deemed never to have possessed the same.
- One who succeeds by hereditary title shall not
suffer the consequences of the wrongful
possession of the decedent, if it is not shown that
he was aware of the flaws affecting it.
Minors and incapacitated persons may acquire the
possession of things, but the need the assistance of their
legal representative. (art. 535)
Rules:
1. Should question arise regarding the fact of
possession, the present possessor shall be
preferred.
2. If there are two possessors,
a. the one longer in possession,
b. the one who present the title
3. If all conditions are equal, the thing shall be
placed in judicial deposit pending determination
of its possession or ownership through a proper
proceedings.
EFFECTS OF DOMINION
- The right to be respected in his possession
- Should be disturbed, he shall be protected in or
restored possession by means established by the
law
Possessor deprived of possession by forcible entry
- May within 10 days after the filing of the
complaint present a motion to secure a writ of
preliminary mandatory injunction to restore
possession
Possessor in good faith
- Entitled to the fruits received before the
possession is legally interrupted.
- If at the time good faith ceases there is pending
fruits, the possessor shall have a right to:
a. Right to a part of the expenses
b. Right to a part of the net harvest
(Both in proportion to the time of the
possession)
- Shall be refunded for the necessary expenses
and useful expenses, and retain the thing until it
has been reimbursed.
- May remove the useful improvement if it can be
removed without damage to the principal thing.
- Expenses for pure luxury or mere pleasure shall
not be refunded.
- May remove the ornaments if it suffers no injury
thereby.
- Shall not be liable for the deterioration or loss of
the thing possessed, except it is proved that he
has acted with fraudulent intent or negligence.
Possessor in bad faith
- Shall reimbursed the fruits received and those which
the legitimate possessor could have received
- Shall have the right to be refunded for the necessary
expenses (art 546 par. 1)
- Shall have the right to recover expenses for
production, gathering and preservation of the fruits
(art. 433)
- Pure luxury and mere pleasure expenses shall not be
refunded but he may remove the objects provided
a. the thing suffers no injury
b. the lawful possessor does not prefer to retain
them by paying the value.

- shall be liable for the deterioration or loss in
every case even if caused by a fortuitous event.
Lose of possession
1. by abandonment
2. by an assignment made to another either by
onerous or gratuitous
3. by destruction or total loss of the thing or
because it goes out of commerce.
4. By possession of another
Note
1. The possession of movables is not deemed lost
so long as they remain under the control of the
possessor even though for the time being he may
not know their whereabouts.
2. The possession of immovable and of real rights
is not deemed lost, or transferred for purposes of
prescription to the prejudice of third persons
3. The possession of movable in good faith is
equivalent to a title.
4. Wild animals are possessed only while they are
under one’s control
Domestic or tame (animals)- considered a such
if they retain the habit of returning to the
premises of the possessor.
USUFRUCT
- Right to enjoy the property of another with the
obligation of preserving its form and substance
- Constituted by
a. By law,
b. by the will of private persons expressed in
acts inter vivos
c. in last will and testament, and
d. by prescription
Rights of the usufructuary
1. entitled to all the natural, industrial and civil
fruits of the property usufruct.
2. With respect to hidden treasurer found (in
tenement or in land) he shall be considered a
stranger.
3. If the usufructuary has leased the lands or
tenements and usufruct should expire before the
termination of the leased, he or his heirs and
successor shall receive only in proportionate
share of the rent.
4. Shall have the right to enjoy any increase which
the thing in usufruct may acquire through
accession, the servitudes, and all the benefits
inherent therein.
5. May personally enjoy the thing in usufruct, lease
it to another, or alienate his right of usufruct,
even by a gratuitous title, but all the contracts he
may enter into such usufructuary shall terminate
upon expiration of the usufruct.
6. Whenever the usufruct includes
a. things without being consumed gradually
deteriotates, the usufructuary shall not be
obliged to return them at the termination of
the usufruct, except for deterioration
suffered by reason of fraud or negligence
b. things cannot be used without being
consumed, the usufructuary has the
obligation of paying their appraised value at
the termination of the usufruct, if appraised
when delivered, if not, shall have the right to
return the same quantity and quality, or pay
their current price at the time the usufruct
ceases.
7. The usufructuary of a part of a thing held in
common shall exercise all the rights pertaining
to the owner thereof with the respect to the
administration and the collection of fruits or
interest.
8. The usufructuary who alienates or leases his
right of usufruct shall answer for any damage
which the things in usufruct may suffer through
the fault of negligence of the person who
substitutes him.
9.
Obligations of the usufructuary
1. Before entering upon the enjoyment of the
property:
a. To make an inventory of all the property-
which shall contain an appraisal of the
movables and a description of the condition
of the immovable.
b. To give security, binding himself to fulfill
the obligations.
 Shall not apply to the donor who
has reserved the usufruct of the
property donated.
  Shall not apply to parents who are
usufructuaries of their children’s
property.
 After the security has been given by
the usufructuary, he shall have a
right to all the proceeds and
benefits from the day on which he
should have commenced to receive
them.
Usufructuary failed to give security, the owner may
demand that:
1. The immovable be placed under administration
2. The movables be sold
3. Instruments of credit payable to order or to
bearer be converted into registered certificates or
deposited in a bank or public institution
4. The capital or sum in cash and the proceeds of
the sale of the movable be invested in sale
securities.