DEFINITION OF TERMS:
thing for the purpose of deriving therefrom all advantages required by the
Properties are things which are capable of satisfying human wants and are
susceptible of appropriation.
Consumable is a movable which cannot be used in a manner appropriate to
its nature without itself being consumed
Non-consumable is a movable which can be used in a manner appropriate
to its nature without itself being consumed.
Fungible as if, by the intention of the parties, it can be replaced by another
of the same kind
Rivers" is a composite term which includes:
 the running waters,
 the bed, and
 the banks.
Natural bed" or "channel" of a creek or river is the ground covered by its
waters during the highest floods."
Banks of a river" is understood to be those "lateral strips or zones of its
beds which are washed by the stream only during such high floods as do not
cause inundations."
Shore is understood to be that space which is alternately covered and
uncovered by water with the movements of the tides.
Foreshore land is that part of the land immediately in front of the shore; the
part which is between high and low water marks, and alternately covered
with water and left dry by the flux and reflux of the tides.
It is indicated by a middle line between the highest and lowest tides."
Natural bed or basin of lakes, ponds, or pools, is the ground covered by
their waters when ay their highest ordinary depth.
Creek is defined as a recess or arm extending from a river and participating
in the ebb and flow of the sea.
Military Reservation lands which are intended for public use or public
service such as reservations for public or quasi-public uses are property of
the public dominion and remain to be so as long as they remain reserved.
Ownership is an independent right of exclusive enjoyment and control of the
reasonable needs of the owner (holder of the right) and promotion of the
general welfare but subject to the restrictions imposed by law and the right of
others.
Accion reivindicatoria or an action for the recovery of possession of the
real property as an element of ownership.
Accion publiciana, or an accion plenaria de posesion is an ordinary civil
proceeding to determine the better right of possession of realty
independently of title.
It also refers to an ejectment suit filed after the expiration of one year from
the accrual of the cause of action or from the unlawful withholding of
possession of the realty.
Accion interdictal is limited to the right to physical possession or
possession de facto, independently of any claim of ownership that either
party may set forth in his or her pleadings, albeit the court has the
competence to delve into and resolve the issue of ownership but only to
address the issue of priority of possession.
Forcible entry one is deprived of physical Possession of real property by
means of force, Intimidation, strategy, threats, or stealth
Unlawful detainer one illegally possession after the expiration or
termination of his right to hold possession any contract, express or implied
Doctrine of self-help: In excluding others from the enjoyment of a property,
the owner or lawful possessor thereof may even use reasonable force to
repel or prevent an actual or threatened unlawful physical invasion or
usurpation of his property.
The employment of such reasonable force in defense of his property is what
is known in juridical science as the doctrine of self-help.
Doctrine of state of necessity: In the exercise of the right to exclude others
from the enjoyment of his property, the owner of a parcel of land or tenement
also has the right to enclose or fence the same by whatever means.
In the enjoyment of his property, the owner cannot, however, prohibit the
interference by another if the same is necessary to avert an imminent danger
and the threatened damage, compared to the damage arising to the owner
from the interference, is much greater
Accession is the right of the owner of a thing to become the owner of
everything that is produced thereby or which may be inseparably attached or
incorporated thereto, either naturally or artificially.
Accession discrete, the right of the owner of a property to whatever is
produced thereby or to the fruits of the same.
Accession continua has been defined as that which takes place when the
property of another is incorporated to ours, or the right to acquire whatever is
attached or incorporated naturally or artificially to our things
Natural fruits
 The spontaneous products of the soil those that appear without the
intervention of human labor, sucsh as the wild fruits in the forest,
herbs, and common grass; and
 The young and other products of animals, such as milk, hair, wool,
horn, hide, eggs, and animals dung or manure.
Industrial fruits are those produced by lands of any kind through cultivation
or labor.
Civil fruits, these are fruits which are produced not because of the fecundity
of the principal thing owned but rather because of the socio-juridical
relationship in which the thing enters.
MEANING OF GOOD FAITH
LO acted in good faith if he made use of the materials belonging to OM
thinking that the materials were his.
He discovered that the materials were not his only after he made use of
them.
OM, on the other hand, acted in good faith if he had no knowledge that LO
was using his materials at the time of the building, planting or sowing.
He learned of the same only after his materials had been used by LO.
Expanded definition: cases where the builders knew that they were not the
owners of the land but they constructed improvements on the land of another
with the consent of the owner.
Bad faith of the landowner: It is understood that there is bad faith on the
part of the landowner whenever the act was done with his knowledge and
without opposition on his part.
Alluvium is the soil deposited on the estate fronting the river bank
1. that the accumulation of soil or sediment be gradual and
imperceptible;
2. that it be the result of the action of the waters of the river; and
3. that the land where the accretion takes place is adjacent to the bank
of the river.
Accretion is the process whereby the soil is deposited
Avulsion:
1. it takes place only along the banks of rivers, creeks, streams and
lakes;
2. it is caused only by the force of the current of the water independently
of the act of man;
3. the deposit of soil is sudden and abrupt; and
4. the detached portion can be identified. In the absence of evidence,
however, that the change in the course of river was sudden or that it
occurred through avulsion, the presumption is that the change was
gradual and caused by accretion and erosion.
Adjunction or Conjunction: takes place when two movables
belonging to different owners are so inseparable that their separation
would impair their nature making up thereafter a single object. Or,
the union of one thing with another when each belongs to a different
owner.
Commixtion or confusion is the mixture of things solid or liquid
pertaining to different owners. If the things mixed are solid, it is called
commixtion; if the things are liquid, it is called confusion.
Specification is the imparting of a new form to the material of
another. Or, it 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.
In specification, there are actually two things involved: the labor or
work of one person and the material of another.
the thing from that state in which the others believe it should remain
or withdraws it from the use to which they wish it to be intended.
Acts of administration are those acts for the preservation,
improvement or embellishment of the thing owned in common for the
purpose of better enjoyment, which do not affect its essence, form
and substance.

Quieting of title is a common-law remedy for the removal of any Partition is the separation, division or assignment of a thing held in
cloud or doubt or uncertainty on the title to real property by reason of common among those to whom it may belong.
any instrument, record, claim, encumbrance, or proceeding that is
apparently valid or effective, but is, in truth and in fact, invalid,
ineffective, voidable, or unenforceable, and may be prejudicial to said
title.

Cloud on title is an outstanding instrument, record, claim,

encumbrance or proceeding which is actually invalid or inoperative,
but which may nevertheless impair or affect injuriously the title to
property.

Ordinary acquisitive prescription requires possession of things in

good faith and with just title for the time fixed by law.

In the case of ownership and other real rights over immovable

property, they are acquired by ordinary prescription through
possession of 10 years.

Extraordinary acquisitive prescripition, ownership and other real

rights over immovables also prescribe through uninterrupted adverse
possession thereof for 30 years, without need of title or of good faith.

Co-ownership whenever the ownership of an undivided thing or

right belongs to different owners. Co-ownership is also defined as the
right of common dominion which two or more persons have in a
spiritual part of a thing, not materially or physically divided.

Alteration is an act by virtue of which a co-owner, in opposition to

the express agreement, if there is any, or, in default thereof, to the
tacit agreement of all the co-owners, and violating their will, changes