OBLICON ART.

1166
Reference: Obligations and Contracts by De Leon, 2010

ART. 1166. The obligation to give a determinate thing includes that of

delivering all its accessions and accessories, even though they may not
have been mentioned.

A. Meaning of accessions and accessories.

(1) Accessions are the fruits of, or additions to, or improvements upon, a thing
(the principal), e.g., house or trees on a land; rents of a building; airconditioner
in a car; profi ts or dividends accruing from shares of stocks; etc.

The concept includes accession in its three forms of building, planting, and
sowing (see Art. 445.), and accession natural, such as alluvion (see Art. 457.),
avulsion (see Art. 459.), change of course of rivers (see Arts. 461-462.), and
formation of islands. (see Arts. 464-465.)
“Fruits of the thing” are specifically provided for in Article 1164.

(2) Accessories are things joined to, or included with, the principal thing for the
latter’s embellishment, better use, or completion, e.g., key of a house; frame of
a picture; bracelet of a watch; machinery in a factory; bow of a violin.

Note that while accessions are not necessary to the principal thing, the
accessory and the principal thing must go together but both accessions and
accessories can exist only in relation to the principal.

B. Right of creditor to accessions and accessories.

1. The general rule is that all accessions and accessories are considered
included in the obligation to deliver a determinate thing although they may not
have been mentioned. This rule is based on the principle of law that the
accessory follows the principal. In order that they will be excluded, there must
be a stipulation to that effect.

Unless otherwise stipulated, an obligation to deliver the accessions or

accessories of a thing does not include the latter. Thus, a sale of the
improvements (e.g., house) upon a thing (e.g., land) is not sufficient to convey
title or any right to the thing. (see Pornellosa vs. Land Tenure
Administration, 1 SCRA 375 [1961].) But the lease of a building or house
naturally includes the lease of the lot, and the rentals include those of the lot
for the occupancy of a building or house not only suggests but also implies the
tenancy or possession in fact of the land on which it is constructed.

C. Accession as a right.
1. Accession is also used in the sense of a right. In that sense, it maybe defined
as the right pertaining to the owner of a thing over its products and whatever is
incorporated or attached thereto, either naturally or artificially.

2. Accession includes, therefore, the right to the fruits and the right to the
accessory. It is one of the rights which go to make up dominion or ownership.
But it is not, under the law, a mode of
acquiring ownership.