Right of Accession with Respect to Movable Property
ADJUNCTION (OR CONJUNCTION)
Takes place when two or more movable things belonging to different owners are so united that they cannot be separated without causing injury to one or both
them, thereby giving rise to a new thing.
Features:
1. Two or more movables form a distinctive new thing;
2. Each one of the things making up the new one preserves its own nature.
If Effected in Good Faith
(It is immaterial who effected the union
or attachment if it is in good faith)
If Effected in Bad Faith by the
Owner of the Principal
Legal Effects
If Effected in Bad Faith by the
Owner of the Accessory
If Both Acted in Bad Faith
 Article 466 governs
 General Rule: The owner of the principal thing acquires the accessory following the
principle that accessory follows the principle., but he must indemnify the owner of the
accessory for its value following the principle that no one shall unjustly enrich himself
at the expense of another.
 Exception: If the accessory is much more precious than the principal thing, its owner
may demand its separation, even though the principal may suffer injury.
 Article 470 (2) governs
 The owner of the accessory may choose between the following:
a.) To demand payment for the value of the accessory, with a right to be indemnified
for damages; or
b.) To demand for the separation of the accessory, even though for this purpose it be
necessary to destroy the principal thing, with a right to be indemnified for
damages. (This option however does not apply if it is not practicable such in the case of paintings
or writings)
 Article 470(1) governs
 The owner of the accessory in bad faith shall lose the thing incorporated (the
accessory) and shall be liable to pay damages to the owner of the principal.
 Article 470 (3) governs
 As though acted in good faith (hence article 466 will apply)
 Whenever the owner of the material employed without his consent has a right to an
indemnity, he may demand that the same consists either: 1.) in the delivery of a thing
equal in kind and value, and in all other respects to that employed; or 2.) in the
payment of the price thereof according to expert appraisal.
 Right of Accession with Respect to Movable Property
COMMIXTION OR CONFUSION
 Refers to mixture of two or more things belonging to different owners.
 Mixture of solid things- commixtion
 Mixture of liquid things- confusion

Co-ownership
Mixture takes place by reason of
the following:
1. By will of both or all  Each co-owner shall acquire a right proportional to the part belonging to him, bearing
owners of the things in mind the value of the thing mixed or confused.
mixed;
2. By will of only one owner
Legal Effects acting in good faith;
(based on Articles 472 and 3. Or by chance or fortuitous
473) event.
If caused by Only One Owner  Article 473 (2) governs
Acting in Bad Faith  The one who caused the mixture in bad faith loses the thing belonging to him thus
mixed or confused, besides being obliged to pay indemnity for the damages caused to
the owner of the thing with which his own was mixed or confused.
 Right of Accession with Respect to Movable Property
SPECIFICATION
 Takes place whenever the work of a person is done on the material of another, such material, in consequence of the work itself, undergoing a
transformation.
 Imparting a new form to the material of another person
 Involves: 1.) labor of the worker; and 2.) the materials of another.
If the Worker Acted in Good Faith  Article 474 (1) governs
 General Rule: One who in good faith employs the material of another in whole or in
part in order to make a thing of a different kind, shall appropriate the thing thus
transformed as his own, indemnifying the owner of the material for its value.
 Exception: when the material is more precious than the transformed thing or more
valuable, in which case, its owner may at his option:
1. Appropriate the new thing to himself after paying indemnity for the value of the
work;
2. Demand indemnity for the material.
If Worker Acted in Bad Faith  Article 474 (3) governs
 The owner of the material has two options:
1. To appropriate the work for himself without paying anything to the maker; or
2. To demand of the latter (worker) that he indemnify him for the value of the
Legal Effects material and the damages he may have suffered.
 Exception: If the value of the work, for artistic or scientific reasons, is considerably
more than that of the material, the owner of the material cannot appropriate the
work. In such a case, the owner of the material can only demand form the worker the
value of his materials and the damages he may have suffered.