Regina Iustitiae

PROPERTY ESSENTIALS AMPIL (2016) Sorore Lex Atheneum 1

10 KINDS OF IMMOVABLE PROPERTY 3 KINDS OF PROPERTY OF PUBLIC DOMAIN

Art. 415. The following are immovable property: (1) For PUBLIC USE
(1) Land, buildings, roads and constructions of all kinds adhered to the (2) For PUBLIC SERVICE
soil; (3) For DEVELOPMENT OF NATIONAL WEALTH
(2) Trees, plants, and growing fruits, while they are attached to the land or Trends: 2011 Midterms, 2012 Midterms, 2013 Midterms, 2015 Midterms, 2008 Finals
form an integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way 4 DIFFERENCES BETWEEN ALLUVIUM AND AVULSION
that it cannot be separated therefrom without breaking the material or
deterioration of the object; ALLUVIUM AVULSION
(4) Statues, reliefs, paintings or other objects for use or ornamentation, (1) The deposit must be gradual and (1) It must be sudden and abrupt
placed in buildings or on lands by the owner of the immovable in imperceptible
such a manner that it reveals the intention to attach them permanently (2) The effect is caused by the current (2) The land must be identifiable and
to the tenements; of a river – not man made known
(5) Machinery, receptacles, instruments or implements intended by the (3) The owner of the land from
owner of the tenement for an industry or works which may be carried which it adjoins retains ownership (3) The owner of the land on which
on in a building or on a piece of land, and which tend directly to meet it was separated from retains
the needs of the said industry or works; (4) The land where alluvium takes ownership – provided it is
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places place is adjacent to the banks of removed within 2 years
of similar nature, in case their owner has placed them or preserves the river (4) The land where the avulsion takes
them with the intention to have them permanently attached to the place is on the opposite side of
land, and forming a permanent part of it; the animals in these places the river
are included; Trends: 2011 Midterms, 2012 Midterms, 2014 Midterms, 2015 Midterms, 2016
(7) Fertilizer actually used on a piece of land; Midterms, 2008 Finals
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of
the bed, and waters either running or stagnant; 5 KINDS OF ADJUNCTION (with English translation)
(9) Docks and structures which, though floating, are intended by their (1) Inclusion – engraftment
nature and object to remain at a fixed place on a river, lake, or coast; (2) Soldadura – soldering
(10) Contracts for public works, and servitudes and other real rights over (3) Tejido – weaving
immovable property. (4) Pintura – painting
Trends: 2013 Midterms, 2014 Midterms, 2015 Midterms, 2012 Finals, 2016 Finals (5) Escritura – writing
Trends: 2010 Midterms, 2011 Midterms, 2015 Midterms, 2014 Midterms, 2009 Finals
4 KINDS OF IMMOBILIZATION
(1) By NATURE 3 KINDS OF ACCESSION DISCRETA (NIC)
(2) By INCORPORATION (1) NATURAL fruits
(3) By DESTINATION or PURPOSE (2) INDUSTRIAL fruits
(4) By ANALOGY (3) CIVIL fruits
Trends: 2012 Midterms, 2015 Midterms, 2016 Finals Trends: 2010 Midterms, 2011 Midterms, 2012 Midterms, 2013 Midterms, 2014
Midterms, 2015 Midterms, 2008 Finals

Teri Marcelo 2D | 2012 ; Edited - Joyce Raboca 2D | 2015; Owdylyn Lee 2D|2016
 Regina Iustitiae
PROPERTY ESSENTIALS AMPIL (2016) Sorore Lex Atheneum 2

4 REQUISITES OF A VALID REPUDIATION IN ORDER THAT 4 DEGREES OF POSSESSION

PRESCRIPTION MAY RUN AS AGAINST CO-OWNERS / 4 (1) Grammatical degree - without title
REQUISITES FOR ACQUISITIVE PRESCRIPTION (2) Juridical possession - with juridical title not of an owner
(1) Clear and unequivocal act of repudiation of the co-ownership (3) Real possessory right - with just title not of an owner
(2) Act of repudiation must be made known to the other co-owners (4) Possession with a title of dominium - with true and valid title
(3) Clear and convincing evidence of repudiation Trends: 2012 Midterms, 2014 Midterms
(4) Concurrence of all elements of acquisitive prescription
(a) Open, continuous, exclusive, notorious, adverse, public possession 3 KINDS OF ACCESSION CONTINUA WITH RESPECT TO
in the concept of owner MOVABLE PROPERTY
(b) Period of prescription: (1) Adjuncton or conjunction
(i) Personal property (2) Mixture
• Ordinary prescription – 4 years (3) Specification
• Extraordinary prescription – 8 years Trends: 2012 Midterms, 2013 Midterms, 2008 Midterms
(ii) Real property
• Ordinary prescription – 10 years 7 REMEDIES AVAILABLE FOR RECOVERY OF PERSONAL AND
REAL PROPERTY
• Extraordinary prescription – 30 years
For PERSONAL property
Trends: 2010 Midterms, 2011 Midterms, 2012 Midterms, 2015 Midterms, 2016
(1) Replevin
Midterms
For REAL property
(2) Accion interdictal
7 KINDS OF OWNERSHIP (with English translation) (PUFA,DVA?)
(a) Forcible entry
(1) Jus Possidendi – the right to possess
(b) Unlawful detainer
(2) Jus Utendi – the right to use
(1) Accion publiciana
(3) Jus Fruendi – the right to the fruits
(2) Accion reivindicatoria
(4) Jus Abutendi – the right to consume
(3) Writ of injunction
(5) Jus Disponendi – the right to dispose
(4) Writ of possession
(6) Jus Vindicandi – the right to recover
(5) Writ of demolition
(7) Jus Accessionis – the right to accessories
Trends: 2010 Midterms, 2911 Midterms, 2013 Midterms, 2016 Midterms, 2008 Finals,
Trends: 2012 Midterms, 2014 Midterms, 2015 Midterms, 2016 Midterms, 2006 Finals,
2012 Finals, 2015 Finals
2009 Finals, 2015 Finals
8 KINDS OF LEGAL EASEMENTS
7 MODES OF ACQUIRING OWNERSHIP (OLDTIPS)
(1) The easements relating to waters
(1) Occupation
(2) Right of way
(2) Law
(3) Party wall
(3) Donation
(4) Light and view
(4) Tradition
(5) Drainage
(5) Intellectual Creation
(6) Intermediate distances
(6) Prescription
(7) Easement against nuisance
(7) Succession
(8) Lateral and subjacent support
Trends: 2006 Finals, 2009 Finals, 2012 Finals
Trends: 2010 Midterms, 2006 Finals, 2008 Finals, 2015 Finals, 2016 Finals

Teri Marcelo 2D | 2012 ; Edited - Joyce Raboca 2D | 2015; Owdylyn Lee 2D|2016
 Regina Iustitiae
PROPERTY ESSENTIALS AMPIL (2016) Sorore Lex Atheneum 3

2 KINDS OF MIXTURE
4 KINDS OF ACCESSION NATURAL (1) Commixtion – solids
(1) Alluvium (2) Confusion – liquids
(2) Avulsion Trends: 2016 Midterms, 2012 Finals
(3) Change in the course of rivers
(4) Formation of islands 3 WAYS FOR AN OWNER TO BE SUBSIDIARY LIABLE
Trends: 2013 Midterms, 2009 Finals (1) Insolvency of Builder, Planter, Sower
(2) Landowner chooses to acquire what has been built planted or sown
4 WAYS TO ACQUIRE POSSESSION/OF DELIVERY (3) Owner of Materials must be in Good Faith
(1) Constitutum Possessorium Trend: 2014 Midterms, 2016 Midterms
(2) Traditio Brevi Manu
(3) Traditio Longa Manu 4 REQUISITES FOR A LEGAL EASEMENT OF RIGHT OF WAY
(4) Traditio Simbolica (1) The property is surrounded by estate of others and there is no adequate
Trend: 2011 Midterms, 2016 Midterms outlet to a public highway
(2) There must be payment of the proper indemnity
DEFINITION OF HIDDEN TREASURE (3) The isolation should not be due to the proprietor’s own acts
Art. 439. By treasure is understood, for legal purposes, any (4) It must be established at the point least prejudicial to the servient estate
• hidden and unknown deposit of and insofar as consistent with this rule, where the distance from the
o money, dominant estate to a public highway may be the shortest
o jewelry, or Trends: 2006 Finals, 2009 Finals, 2015 Finals, 2016 Finals
o other precious objects,
• the lawful ownership of which does not appear. 3 GROUNDS TO REDUCE A DONATION
Trends: (1) Subsequent birth of a child, adoption of a minor child by judicial decree
and reappearance of a child;
TO WHOM HIDDEN TREASURE BELONGS (2) Inofficious donation ;
Art. 438. Hidden treasure belongs to the owner of the land, building, or other (3) Failure of the donor to reserve sufficient property for the support of
property on which it is found. himself and his relatives
Nevertheless, when the discovery is made on the property Trends: 2010 Midterms, 2009 Finals
• of another, or
4 GROUNDS TO REVOKE A DONATION
• of the State or
(1) Subsequent birth of a child, adoption of a minor child by judicial decree
• any of its subdivisions, and reappearance of a child;
• and by chance, (2) Inofficious donation
one-half thereof shall be allowed to the finder. If the finder is a trespasser, he (3) Acts of ingratitude
shall not be entitled to any share of the treasure. (4) Non-fulfillment of a condition in the donation
If the things found be of interest to science or the arts, the State may acquire Trends: 2006 Finals, 2008 Finals, 2012 Finals, 2015 Finals, 2016 Finals
them at their just price, which shall be divided in conformity with the rule stated.
Trends: 2013 Midterms, 2014 Midterms

Teri Marcelo 2D | 2012 ; Edited - Joyce Raboca 2D | 2015; Owdylyn Lee 2D|2016