5th Week – Property Law
a. Discuss Article 457.
Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion
which they gradually receive from the effects of the current of the waters.
b. What is alluvium?
Alluvium (alluvio in Roman Law) is the soil imperceptibly and gradually deposited
on lands adjoining the banks of rivers caused by the current of the water.
b.1. What are the essential elements of alluvium?
Essential Elements Of Alluvium. - the requisites for the acquisition of property
through accretion are :
(a) That deposit of soil or sediment be gradual and imperceptible;
(b) That it be the result of the action of the waters of the river (or sea); and
(c) That the land where accretion takes place is adjacent to the banks of
river (or the sea coast).
Comment:
Who has ownership over alluvium?
- The (riparian – person whose property is bounded by a body of water) owner of
the property to which deposits are attached.
May another person acquire ownership over the deposits/land? Ex. Through
gradually after about 20 years, some 50 square meters of land was attached to a
parcel of land bounded by a river.
The person who owns the riparian land to where the 50 square meter deposit, still
has to register the land.
Unregistered land – the person who owns the riparian land has the right to own it,
but if he does not do anything about it and somebody else stays on the property
and performs acts of ownership, there could be an acquisitive prescription.
c. What is accretion?
Accretion is the process whereby the soil is so deposited.
d. What is avulsion?
Avulsion is the process whereby a portion of a land is segregated from an estate by
the forceful current of a river, creek or torrent and transferred to another estate.
e. Why is soil deposited granted to owners of lands adjoining river
banks?
Reasons Why Soil Deposited (Alluvio) Is Granted To Owners OF Lands Adjoining
Banks Of Rivers. – The alluvio is granted to the riparian owner for three (3) reasons
—
(1) To offset his loss for possible erosion of his estate due to the current of
the river;
(2) To compensate for his sufferings or burdens arising from the subjection
of his land to encumbrances and legal easements;
(3) In the interest of agriculture, it is more practical to give it to one who is
in the best position to cultivate it or who could utilize it.
Comment:
Legal easement – a burden on your right to use your property.
Ex. Easement of right of way
What will happen if there are additional deposits in your property in relation with
easement? How will it be a form of compensation?
Example:
Easement – You cannot build anything or touch your property within 1 meter of the
river because the flow of the river will be affected.
Through gradual deposit, your property increased by 2 meters.
You are compensated for the previous years that you weren’t able to use the 100
square meter.

f. Discuss Article 458.
Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land
left dry by the natural decrease of the waters, or lose that inundated by them in
extraordinary floods.
g. What is a pond?
Pond – is a body of stagnant water without any outlet.
It is a small body of still water artificially formed by hollowing or embarking; it refers
also to small lake,
h. What is a lagoon?
Lagoon – is small lake but not very deep the hollow of which is bounded by the
elevation of the land. Ordinarily, it contains fresh water as it is fed by floods. It is a
shallow stretch of salt water, partly or wholly separated from the sea by narrow
strip of land or low sand-bank or coral reef.
i. Discuss Article 459.
Art. 459. Whenever the current of a river, creek or torrent segregates from an
estate on its bank a known portion of land and transfers it to another estate, the
owner of the land to which the segregated portion belonged retains the ownership
of it, provided that he removes the same within two years.
j. What is a river?
River – a natural stream of water, of greater volume than a creek or rivulet flowing,
in a more or less permanent bed or channel, between defined banks or walls, with a
current which may either be continuous in one direction or affected by the ebb and
flow of the tide.
k. What is a creek?
Creek – it is a recess or arm extending from a river, which participates in the ebb
and flow of the sea. A creek is a small stream, less than a river, and is not a separate
or independent stream. It is property of the public dominion. A creek is property of
the public dominion which is not susceptible to private appropriation and
acquisitive prescription.
l. What is a torrent?
Torrent – It is a stream of water flowing with great rapidity and violence.
m. Discuss the effects of avulsion.
The owner of the land which had been segregated retains his ownership over the
land provided he removes the same from where it was annexed within two years
from the time it was segregated from its source and annexed to the other
tenement.
If the owner failed to get back the property within two years, the Article is silent on
the status of the property. As to whether it becomes an abandoned property is not
clear. And whether it is opened to prescription it is not also clear because the
property even if titled is no longer positioned within the specific boundaries
described in the technical descriptions. And whether it shall pertain to the owner of
the tenement to which it was annexed is another question which would linger on
due to the insufficiency of the law.
It is submitted that, in case of failure of the owner to remove the property within
the period provided, the owner of the tenement to which it had been appended is
entitled thereto by the principle of accretion. The justification for the granting of
alluvio to the riparian owner can be used by analogy to favor the grant of the
avulsio (detached land) to the owner of the tenement to which it was accreted
because he will be in the best position to cultivate it or make use of its utility.
If the owner of the tenement to which the avulsio had been appended, does not
like the property, and does not assert any right of accession after the lapse of two
years from the time of segregation, the property could now be considered
abandoned property, in which case it shall pertain to the State. It must be noted, all
lands not privately owned, belong to the State.
Comment:
Torrential rain – great rapidity and violent flow of water.
Ex. There was a typhoon and it dumped torrential rain. Water from the mountain
flowed on the river and the water overflowed. 50 square meters of Mr. X’s property
was separated from his property and it transferred to Mr. A’s property.
Was there avulsion in the example? Yes.
n. Distinguish between avulsion and alluvium?
a. Avulsion - (1) The process is sudden and abrupt causing the segregation of a
portion of land from one estate and transferring it to another estate; (2) the
property detached or segregated if known and identifiable; (3) the ownership of the
detached property is retained by the owner subject to the removal thereof within
two years from the detachment; (4) the ownership of the detached property is not
automatically vested in the owner of the tenement to which it was attached.
b. Alluvium - (1) The process of soil deposit on the land of the riparian owner is
gradual and imperceptible; (2) the soil (alluvio) deposited is not identifiable; (3) the
alluvio belongs to the owner of the land to which the soil had been deposited; (4)
the ownership granted to the riparian owner is automatic.
Comment:
Avulsion – What is the requirement to for the owner to retain ownership?
- Mr. X has to remove it within 2 years and regain possession of the segregated
property within 2 years.
- If he does not get the property within 2 years, the law is silent.
- If it is understood as delayed accession, Mr. A can gain possession of the land if the
original owner Mr. X does not take it back.
- If no one acts on it, the property becomes an abandoned property. (Free for all)
- If Mr. X took action and retrieved his land within 2 years, then there is no need for
him to register the property again. However, if the 2 year period expires and Mr. X
wants to get the property again, he needs to do the titling again or claim it later and
acquire ownership through other legal means.
o. What is the effect of detachment without attachment?
A portion of a land may be detached under the phenomenon content listed in
Article 459 but without, however, being attached to another estate or tenement
such as when it is pushed and lodged in the middle of a river or creek. The owner
does not lose his ownership over the property in the same manner that the owner
of a land divided into parts by a branching river does not lose the segregated or
separated portions.
Comment:
Do we still have the 2 year prescription period?
- No because there will be no conflict of ownership.
- Property is still yours but it will be hard to bring back the property detached.
Can you adjust your property on a public land to compensate himself for the lost
property?
- No because the law does not say anything that if someone loses property, one can
compensate himself by getting property from another.
- You cannot get property belonging to another person because it is illegal (Land
grabbing). You cannot get property belonging to the government because that is
not allowed. Even if it is already an alienable land of the public domain, you cannot
immediately appropriate it for your own use. You have to apply for a miscellaneous
sales or apply to have a title.
p. Discuss Article 460.
Art. 460. Trees uprooted and carried away by the current of the waters belong to
the owner of the land upon which they may be cast, if the owners do not claim
them within six months. If such owners claim them, they shall pay the expenses
incurred in gathering them or putting them in a safe place.
 q. Discuss Article 461.
Art. 461. River beds which are abandoned through the natural change in the course
of the waters ipso facto belong to the owners whose lands are occupied by the new
course in proportion to the area lost. However, the owners of the lands adjoining
the old bed shall have the right to acquire the same by paying the value thereof,
which value shall not exceed the value of the area occupied by the new bed.
r. What is the effect of change of river bed?
If due to forces of nature (like floods, earthquakes, volcanic eruptions, etc.) a river
changed its usual course and occupied the land of another creating therein a new
river bed and leaving the old bed dry, the owner of the invaded land becomes the
owner of the old bed in proportion to the area he lost. However, the government
has the right and power to revert back the course of the new river to its original
location. When the government takes steps to return the river to its old bed, there
is no abandonment of the river bed. It must be stressed, the government can not be
restrained from reverting the river to its original course. The owners of the lands
affected are not entitled to damages if they sustained any by this act of the
government.
s. What is the effect of change or abandonment?
Inapplicability of the Law. - The Article will not apply if the river has branched out
and created new courses without however abandoning the original river bed. In
which case, the owners of the land now occupied by the additional courses of the
river would not become the owners of the bed of the original river that is still
existing. There is no abandonment of the river.
t. What is the rationale of Article 461?
Rationale Behind The Article. - The ownership of the abandoned river bed is
transferred ipso facto to the owners whose lands are occupied by the new course of
the river. The justification for this is "to compensate for the loss of the land
occupied by the new bed. It is more equitable to compensate the actual losers than
to add to those who have lost nothing"
u. Discuss the right of riparian owners to the abandoned river bed.
Right Of Riparian Owners To The Abandoned River Bed. - The law allows the
riparian owners whose lands adjoin the abandoned river bed, to reimburse the
owners of the lands intruded by the changing course of the river for the value of the
land lost by the latter, which value shall not be more than the actual value of the
property lost. This allowed in the interest of agriculture for the riparian owners are
in the bed position to utilize the old river bed as it is adjacent to their property. If
the one who lost property is also a riparian owner, then he can refuse any offer of
reimbursement because as riparian owner he is also in a position to cultivate or
develop the old river bed which is bordering his property.
u.1. Discuss Celestial v. Cachopero.
v. Discuss Article 462.
Art. 462. Whenever a river, changing its course by natural causes, opens a new bed
through a private estate, this bed shall become of public dominion.
w. Discuss the effects of abandonment of the subsequent or new river
bed.
Effects Of Abandonment Of The Subsequent Or New River Bed. - The new river bed
may itself be abandoned, due to natural causes or artificial causes authorized by
law. In such eventuality, said owners will get back this previous property if the
course of the river reverts back to its original place. This rule is based on the Old
Civil Code of the specific provision on which, was not reproduced in the New Civil
Code. Nonetheless, it remains a fair and just principle.
x. Discuss Article 463.
Art. 463. Whenever the current of a river divides itself into branches, leaving a
piece of land or part thereof isolated, the owner of the land retains his ownership.
He also retains it if a portion of land is separated from the estate by the current.
y. Discuss the consequences of a river dividing into branches.
Ramifications Of A River; Effects. - When a river divides itself into branches, the
following consequences may result –
1. Some parts of the original estate may be isolated but remaining steady
and secure on their location.
2. Other parts may be separated and pushed away from the original state.
In either case, the owner retains his ownership over the properties. The
river may be navigable or not. The law did not make any distinction.
z. Discuss Article 464.
Art. 464. Islands which may be formed on the seas within the jurisdiction of the
Philippines, on lakes, and on navigable or floatable rivers belong to the State.
 aa. What is a navigable or floatable river?
Navigable or Floatable River. - As the word navigable suggests, it is a river which in
its natural condition is capable of affording a channel or passage for ships and
vessels engaged in commerce and as such must not be sufficient to float bancas or
light boats but also bigger watercrafts. It must be deep enough to allow the
unobstructed movements of ships and vessels.
Comment:
Why is it relevant or important to understand this definition?
- It has something to do with the formation of islands.
If there is an island that was formed in a navigable or floatable river, who owns
the island?
- The government or State.
Non- navigable - nearest estate.
bb. Discuss Article 465.
Art. 465. Islands which through successive accumulation of alluvial deposits are
formed in non-navigable and non-floatable rivers, belong to the owners of the
margins or banks nearest to each of them, or to the owners of both margins if the
island is in the middle of the river, in which case it shall be divided longitudinally in
halves. If a single island thus formed be more distant from one margin than from
the other, the owner of the nearer margin shall be the sole owner thereof.
cc. Who owns the islands formed in non-navigable and non-floatable
rivers through successive accumulation of alluvial deposits?
Ownership of the Islands. - The islands shall pertain and belong to the owners of
the margins or banks of the river nearest to each of them. If the island happens to
be striding in the middle of the river, it shall be divided longitudinally in halves -
thus, both owners of the opposite banks of the river will have a share on the island
formed. If the island is more distant from one bank compared to the opposite bank,
the owner of the bank nearer the island shall be the sole owner thereof.
The formation of islands through successive accumulation alluvial deposit under the
Article does not include islands forcefully detached from a tenement and lodged in
the middle of a stream (Art. 463) and islands formed by the ramification of a river
(Art. 463).
dd. Discuss Article 466.
Art. 466. Whenever two movable things belonging to different owners are, without
bad faith, united in such a way that they form a single object, the owner of the
principal thing acquires the accessory, indemnifying the former owner thereof for
its value.
ee. What is adjunction or conjunction?
Adjunction or Conjunction, Concept. - The Article refers to adjunction or
conjunction which is a process whereby two movable things owned by different
persons are joined together without bad faith, in such a way that they form a single
object.
ff. Who is the owner of the resulting object?
Owners of the Resulting Object. - The resulting object shall belong to the owner of
the principal thing, but with the obligation to indemnify the owner of the accessory
for the value of the latter's thing.
gg. Discuss the classes of adjunction or conjunction? Give an example each.
Classes of Adjunction or Conjunction. - The classes of adjunction are:
1. Escritura (writing) - such as writing a poem on papers belonging to
another. The papers will pertain to the writer.
2. Inclusion - such as setting a precious stone on a golden ring. The stone
will pertain to the owner of the ring.
3. Pintura (painting) - such as painting a scenic view on a canvas belonging
to another. The canvas will pertain to the painter.
4. Soldering - such as joining a piece of metal to another metal of same
kind belonging to a different owner. This is feruminatio, the objects being
of the same metal. If the metals are of different kinds, the process is called
plumbatura. The object will belong to the owner of the principal as
determined under Articles 467 or 468
5. Weaving - such as making a baby dress using threads belonging to
another. The dress will pertain to the weaver who owns the cloth.
In all these cases, the owner of the principal, who by law becomes the owner of the
resulting object, will indemnify the owner of the accessories for the values thereof.
 hh. Discuss Article 467.
Art. 467. The principal thing, as between two things incorporated, is deemed to be
that to which the other has been united as an ornament, or for its use or perfection.
ii. Discuss the primary factor to determine the principal and the
accessory.
Illustrations: (a) Cement and sand belonging to different owners were mixed to
make hollow-blocks for building purposes. If the cement utilized is higher in price
than the sand used, the cement shall be the principal and the sand, the accessory.
(b) If the cement and the sand were of same value or price, then the principal shall
be the one which is of greater volume. If there is more sand used on the cement,
the latter is the accessory and the former the principal.

Primary Factors to Determine The Principle and The Accessory. - The primary Comment:
determining factors are:
When is Article 468 applied?
1. The thing which is incorporated to another thing as an ornament if the
- When the preceding article cannot determine which the ornament is or which is
accessory. The other is the principal.
the thing added for perfection.
2. The thing to which is added to or joined to another for the use or
- Even if the ornament is more expensive than the principal, if it is understood as an
perfection of the latter is the accessory. The other is the principal.
ornament then the ornament still remain as an ornament. (Art. 467)
Illustrations: a) In a fountain pen, the pen is the principal while its cover is the
ll. Discuss Article 469.
accessory. The cover is for the perfection of the pen. It is used to protect it. b) In a
ring with a stone mounted on it, the ring is the principal and the stone is the Art. 469. Whenever the things united can be separated without injury, their
accessory. The stone is mounted as an ornament to the ring. respective owners may demand their separation.

jj. Discuss Article 468.
Art. 468. If it cannot be determined by the rule given in the preceding article which
of the two things incorporated is the principal one, the thing of the greater value
shall be so considered, and as between two things of equal value, that of the
greater volume.
Nevertheless, in case the thing united for the use, embellishment or perfection of
the other, is much more precious than the principal thing, the owner of the former
may demand its separation, even though the thing to which it has been
incorporated may suffer some injury.
mm. When is separation without injury allowed?

In painting and sculpture, writings, printed matter, engraving and lithographs, the
board, metal, stone, canvas, paper or parchment shall be deemed the accessory
thing.
kk. Discuss the secondary factors to determine principal and accessory.
Secondary Factors to Determine Principal and Accessory. - The preceding Article
provides for a criterion which is based on the importance or purposes of the things.
If the said criterion could not be used to determine which is the principal and
accessory the following shall be applied:
Separation Without Injury. - If the things united can be separated without injury to
each other, their respective owners may demand their separation. For example, a
radio belonging to someone is set in a car belonging to another. The radio can be
removed from the car without injury. The owner of the radio can demand its
separation from the car.
Comment:
Separation with injury – if the accessory is more precious than the principal.

1. The one which has a greater value shall be considered as the principal;

2. If they happen to be of equal value than the one with greater volume
shall be considered as the principal.
 nn. Discuss Article 470.
Art. 470. Whenever the owner of the accessory thing has made the incorporation in
bad faith, he shall lose the thing incorporated and shall have the obligation to
indemnify the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the owner
of the accessory thing shall have a right to choose between the former paying him
its value or that the thing belonging to him be separated, even though for this
purpose it be necessary to destroy the principal thing; and in both cases,
furthermore, there shall be indemnity for damages.
If either one of the owners has made the incorporation with the knowledge and
without the objection of the other, their respective rights shall be determined as
though both acted in good faith.
oo. Discuss the consequences when an owner of the accessory acts in bad
faith.
Owner of Accessory Acting in Bad Faith; Consequences. - When the owner of the
accessory who caused the incorporation acted in bad faith, he shall indemnify the
owner of the principal thing for the damages which the latter has suffered. This is
the usual rule when a person acted in bad faith.
pp. Discuss the consequences when an owner of the principal acts in bad
faith.
Owner of the Principal Acting in Bad Faith; Consequences. - When the owner of the
principal is the one who acted in bad faith, the owner of the accessory has the right
to demand either of the following-
(a) The payment of the value of the accessory thing with damages; or
(b) The separation of the accessory thing from the principal, even though
the principal would be destroyed plus damages.
Illustration: The owner of a house (principal) used imported wall-papers belonging
to another in embellishing the house. The owner of the wall papers (accessories)
can demand that the owner of the house pays him the value of the wall-papers with
damages; or he can remove the wall-papers, although in the process of removing
these, the panel or walls of the house may be destroyed. Additionally, damages may
be demanded.
qq. Discuss Article 471.
Art. 471. Whenever the owner of the material employed without his consent has a
right to an indemnity, he may demand that this consist in the delivery of a thing
equal in kind and value, and in all other respects, to that employed, or else in the
price thereof, according to expert appraisal.
rr. Discuss the ways of paying indemnity.
Ways of Paying Indemnity. - When indemnity is proper, it should be fulfilled as
follows:
a.) Delivery of a thing similar in kind and value and in all other respects, of
that thing used or incorporated by the other party.
b.) Payments of the price as appraised by experts in case the parties cannot
stipulate on the price. Sentimental value shall also be considered. (Art.
475)
ss. Discuss Article 472.
Art. 472. If by the will of their owners two things of the same or different kinds are
mixed, or if the mixture occurs by chance, and in the latter case the things are not
separable without injury, each owner shall acquire a right proportional to the part
belonging to him, bearing in mind the value of the things mixed or confused.
tt. Discuss the classes of mixure.
Classes of Mixture - Mixtures are classified as follows:
a. Confusio: This results when liquids belonging to different owners got
mixed by agreement or by chance.
b. Commixtio: This results when solid matters are mixed by agreement or
by chance.
The things mixed may be the same things or of different things. When the mixture is
by agreement, the parties may stipulate on the terms and conditions and shall be
governed by the law on obligations and contracts
Comment:
What are the rules followed if there is confusion?
- The rights of the owners shall be in proportion to the value of the things they own.
What are the rules followed if there is commixtio?
- The can be proportionate ownership.
Example:
Confusio – Coke of A mixed with Coke of B (divide/share)
Commixtio – NFA rice (PHP30) mixed with Jasmime rice (PHP45)— each owner shall
acquire a right proportional to the part belonging to him bearing in mind the value
of things mixed or confused
uu. Discuss Article 473.
Art. 473. If by the will of only one owner, but in good faith, two things of the same
or different kinds are mixed or confused, the rights of the owners shall be
determined by the provisions of the preceding article.
If the one who caused the mixture or confusion acted in bad faith, he shall lose the
thing belonging to him thus mixed or confused, besides being obliged to pay
indemnity for the damages caused to the owner of the other thing with which his
own was mixed.
vv. What is the effect on ownership of the things mixed or confused
when the mixture or confusion occurred with one owner acting in good
faith?
One Owner Acting in Good Faith, Co-ownership Results. - If two things whether of
the same or different kind are mixed or confused, by the act of an owner of one
thing in good faith, the rights of the owners shall be in proportion to the value of
the things they own. In effect, there is co-ownership.
ww. Discuss the sanctions against an owner who mixed the things in bad
faith.
Sanctions Against An Owner Acting in Bad Faith. - However, if the perpetrator of
the mixture acted in bad faith he shall suffer the following sanctions:
1. He shall lose the thing belonging to him which was mixed or confused
with the other thing belonging to another who is not in bad faith. If both
are in bad faith, they shall be regarded as both in good faith on the
principle that if both parties are in bad faith, the bad faith of one
neutralizes the bad faith of the other.
2. He shall be liable for damages to the owner of the other thing mixed or
confused.
xx. Discuss Article 474.
Art. 474. 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.
If the material is more precious than the transformed thing or is of more value, its
owner may, at his option, appropriate the new thing to himself, after first paying
indemnity for the value of the work, or demand indemnity for the material.
If in the making of the thing bad faith intervened, the owner of the material shall
have the right to appropriate the work to himself without paying anything to the
maker, or to demand of the latter that he indemnify him for the value of the
material and the damages he may have suffered. However, the owner of the
material cannot appropriate the work in case the value of the latter, for artistic or
scientific reasons, is considerably more than that of the material.
yy. What is specificatio?
Specificatio (Specification), Concept. - The Article refers to specification which
means the giving of a new form to a material belonging to another person through
the application of labor or industry. The material used is transformed into another
thing or is changed in identity.
Illustrations: (a) Mango fruits were made into mango juice; (b) Grapes rest and
made into wine.
Comment:
Ex. Your neighbor asked you to turn their grapes into wine.
Are we going to apply the rules of specification?
- No, because the owner of the material only asked you to convert the grapes into
wine. What we have here is a contract for services. You will not be the owner of the
wine but you will be paid for your service.
Ex. You accidentally took the grapes of your friend and turned it into wine and
realized it was not yours.
zz. Discuss the rules in specificatio.
Rules in Specificatio. - The Article provides for the rules in two situations, (a) when
the maker is in good faith and, (b) when he is in bad faith.

1. When the Maker (Considered Principal) is in Good Faith. –

(a) The maker shall appropriate the new thing but he must indemnify the
owner of the material for the value thereof.

(b) The maker cannot however appropriate the new thing if the material
transformed is worth more than a new thing. In which case, the owner of
the material can appropriate the new thing subject to the payment of the
value of the work, or he can demand indemnity for the material with
damages.

2. When the Maker (Considered Principal) is in Bad Faith. –

(a) The owner of the material can appropriate the work without paying for
the labor or industry exerted.

(b) The same owner can demand indemnity for the material plus damages.
However, the owner of the materials cannot appropriate the work if the
value thereof is considerably more than the value of the material due to
the artistic or scientific importance of the work.

aaa. What is sentimental value?

Meaning of Sentimental Value. - The value placed by the owner of the property is
more than the actual value by reason of some sentiments like love, affection,
respect and honor.

In the adjudication of moral damages, the sentimental value of the property, real or
personal, may be considered.