San Beda College of Law
Property
 Buildings are immovables by
incorporation. Hence, their adherence
to the land must be permanent and
substantial. Portable structures are not
immovables.
 A building is an immovable even if not
erected by the owner of the land. The
only criterion is union or incorporation
with the soil. (Ladera vs. Hodges CA-
GR No. 8027-R, September 23,
1952).
 A building is real property thus, its sale
as annotated in the Chattel Mortgage
Registry cannot be given the legal
effect of registration in the Registry of
Real Property (Leung Yee vs. Strong
Machinery Co. G.R. No. L-11658
February 15, 1918).
2. Trees, plants, and growing fruits
 When trees are cut or uprooted,
incorporation ceases and they
become movables; timber is still an
integral part of an immovable property
when it constitutes the natural product
of the latter.
 For purposes of attachment,
execution, and the Chattel Mortgage
Law, growing crops have the nature of
personal property (Sibal vs. Valdez
G.R. No. L-27352, August 4, 1927).
3. Everything attached to an immovable in a
fixed manner
 The attachment need not be made by
the owner.
 The breakage or injury, in case of
separation, must be substantial.
 The fact that the machineries were
bolted or cemented on real property
mortgaged does not make them ipso
facto immovable under Art. 415 (3)
and (5) as the parties intent has to be
looked into. Even if the properties
appear to be immovable by nature,
nothing prohibits the parties from
treating them as chattels to secure an
obligation under the principle of
estoppel (Tsai vs. CA, GR No.
120098, October 2, 2001).
4. Statues, reliefs, paintings, or other objects
for use or ornamentation
Requisites:
a. Placed by the owner or by a tenant as
agent of the owner
b. With the intention of attaching them
permanently, even if adherence will
not involve breakage or injury
44
5. Machinery, receptacles, instruments, or
implements for an industry or works
Requisites:
a. The machinery, etc. must be placed
by the owner of the tenement or his
agent
b. The industry or works must be carried
on in a building or on a piece of land
c. The machinery, etc. must tend directly
to meet the needs of the said industry
or works
 The equipment and living
quarters of the crew, being permanently
attached to the platform which is also an
immovable, are immovables. This is
especially so that they are intended to
meet the needs of the business and
industry of the corporation (Fels Energy,
Inc v Province of Batangas, et al., GR No.
168557, Feb 16, 2007)
 Movable equipments, to be
immobilized in contemplation of law, must
be essential and principal elements of an
industry or works (Mindanao Bus Co. vs.
City Assessor and Treasurer GR No. L-
17870, September 29, 1962).
 Machinery, movable in nature,
becomes immobilized when placed on a
plant by the owner of the property but not
so when placed by a tenant, usufructuary
or a person having only a temporary right
unless such person acted as agent of the
owner (Davao Sawmill Co. vs. Castillo GR
No. 40411, August 7, 1935).
There are 2 views on the effect of the
temporary separation of movables from the
immovables to which they are attached:
a. They continue to be regarded as
immovables.
b. Fact of separation determines the
condition of the object (supported by
Paras and Tolentino)
 If the machine is still in the building, but is
no longer used in the industry, the
machine reverts to the condition of a
chattel. On the other hand, if still needed
for the industry, but separated from the
tenement temporarily, the property
continues to be an immovable (Paras,
p.20).
 San Beda College of Law
2010 Centralized Bar Operations
6. Animal houses, pigeon houses, beehives,
fish ponds, etc.
Requisites:
a. Placed by the owner, or by a tenant as
agent of the owner, with the intention
of permanent attachment
b. Forms a permanent part of the
immovable
7. Fertilizer
 “Actually used” means that it has been
spread over the land.
8. Mines, quarries and slag dumps
 They are considered as realty only if
the matter remains unsevered from
the soil. Once severed, they become
personalty.
9. Docks and Structures
 Vessels are considered personal
property under the Civil Law as well as
under the common law, although
occasionally referred to as a peculiar
kind of personal property (Phil.
Refining Co., Inc. vs. Jarque GR No.
41506, March 25, 1935).
 Power barges are categorized as
immovable property by destination,
being the nature of machinery and
other implements intended by the
owner for an industry or work which
may be carried on in a building or on a
piece of land and which tend directly
to meet the needs of said industry or
work (Fels Energy, Inc v. Province of
Batangas, supra).
10. Contracts for Public works, and servitudes
and other real rights
 A personal right is always regarded as
personal property. The exception is in
the case of contracts for public works
which are considered as real property.
MOVABLE PROPERTIES
Tests:
1. By exclusion: all those not included in Art.
415
2. By description: an object is movable if:
a. It can be transported from place to
place;
b. Without substantial injury to the
immovable to which it is attached.
3. Real Property considered as personal
property by special provision of law.
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KINDS OF MOVABLE PROPERTIES
(ASFTOS):
1. Those movables susceptible of
appropriation which are not included in the
preceding article
2. Real property which by any special
provision of law is considered personalty
3. Forces of nature which are brought under
control by science
4. In general, all things which can be
transported from place to place without
impairment of the real property to which
they are fixed (Art. 416)
5. Obligations and actions which have for
their object movables or demandable
sums
6. Shares of agricultural, commercial and
industrial entities, although they may have
real estate (Art. 417)
CLASSIFICATIONS OF MOVABLES:
1. By Nature:
a. Consumable - cannot be used
according to its nature without it being
consumed.
b. Non-consumable - any other kind of
movable property (Art. 418).
2. By Intention:
a. Fungible - replaceable by an equal
quality and quantity, either by nature
of things or agreement.
b. Non-fungibles - irreplaceable because
identical objects must be returned.
Example: Rice is by nature consumable
but if the parties intended it for display, it is
non-fungible because the identical rice
need be returned; if it is loaned for
consumption, it is both consumable and
fungible
Note: The New Civil Code, in many instances,
uses the terms consumable and fungible
interchangeably.
PROPERTY IN RELATION TO WHOM IT
BELONGS (Arts. 419–425)
Property is either of:
1. Public dominion
2. Private ownership
Property of Public Dominion
Concept: It does not import the idea of
ownership. It is not owned by the state but
simply under its jurisdiction and administration
for the collective enjoyment of people. The
ownership of such properties is in the social
 San Beda College of Law
Property
group, whether national, provincial or
municipal.
Purpose: To serve the citizens and not the
state as a juridical person.
Kinds:
1. For public use – may be used by anybody
2. For public service – may be used only by
authorized persons
3. For the development of national wealth
 The charging of fees to the public does not
determine the character of the property,
whether it is of public dominion or not. Art.
420 defines property of public dominion as
one “intended for public use”. Even if the
government collects toll fees, the road is
still “intended for public use” if anyone can
use it under the same terms and
conditions as the rest of the public (MIIA
vs. CA, GR No. 155650, July 20, 2006).
Characteristics: (OI-PAE)
1. Outside the commerce of man
2. Inalienable, but when it is no longer
needed for public use or service, it may be
declared patrimonial property.
3. Cannot be acquired by prescription
4. Not subject to attachment or execution
5. Cannot be burdened with easements
Note: They CANNOT be registered under the
land registration law and be the subject of a
Torrens title. The character of public property
is not affected by possession or even a
Torrens Title in favor of private persons
(Palanca vs. Commonwealth, GR No. 46373,
Jan. 29, 1940).
 As property of public dominion, the
Roppongi lot is outside the commerce of
man. The fact that it has not been used for
a long time does not automatically convert
it to patrimonial property. The conversion
happens only if the abandonment is
definite and upon a formal declaration on
the part of the government to withdraw it
from public use (Laurel vs. Garcia GR No.
92013, July 25, 1990).
 The Executive and possibly the Legislative
Departments have the authority and the
power to make the declaration (Natividad
vs. Director of Lands 37 O.G. 2906).
Property of Private Ownership
Kinds:
1. Property owned by the State and its
political subdivisions in their private
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capacity and is known as patrimonial
property (Art. 421-424)
2. Property belonging to private persons (Art.
425)
Patrimonial Property of the State
1. Property of the State owned in a private or
proprietary capacity
2. Property of public dominion, when no
longer intended for public use or public
service, shall form part of the patrimonial
property
3. The State has the same rights over this
kind of property as a private individual in
relation to his own private property
Property of Political Subdivisions
1. Property for public use – consist of roads,
streets, squares, fountains, public waters,
promenades and public works for public
service paid for by the LGUs.
Note: The enumeration in Art. 424 is not
exclusive.
2. Patrimonial Property – all other properties
possessed by LGUs without prejudice to
provisions of special laws
Note: Arts. 423 and 424 speak of property for
public use, indicating that property for public
service is patrimonial. However, the Supreme
Court, in Province of Zamboanga Del Norte
vs. City of Zamboanga (GR No. L-23922, June
30, 1969), categorically stated that “this court
is not inclined to hold that municipal property
held and devoted to public service is in the
same category as ordinary private property.
The classification of municipal property
devoted for distinctly governmental purposes
as public, under the Law of Municipal
Corporations, should prevail over the Civil
Code in this particular case.” The Law of
Municipal Corporations was considered as a
special law in the context of Art. 424 of the
NCC.
 Properties of public dominion devoted to
public use are outside the commerce of
men and cannot be disposed of or leased
by the LGU to private persons. LGUs have
no authority to control or regulate the use
of public properties unless specific
authority is vested upon them by Congress
(Macasiano vs. Diokno GR N. 97764,
August 10, 1992).
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5. Limitations imposed by the party

transmitting the property either by contract
OWNERSHIP or by will

De Facto Case of Eminent Domain

The rights to enjoy, dispose, and recover a  Expropriation resulting from the actions of
thing without further limitations than those nature as in a case where land becomes
established by law or the will of the owner. part of the sea. The owner loses his
property in favor of the State without any
SUBJECT-MATTER (Art. 427) compensation.
1. Thing - usually refer to corporeal property
 When the sea moves towards the estate
2. Right - whether real or personal, are
and the tide invades it, the invaded
classified as incorporeal property
property becomes foreshore land and
passes to the realm of the public domain
RIGHTS INCLUDED:
(Republic vs. CA, GR No. 100709,
1. Right to enjoy (PUFA)
November 14, 1997).
a. To possess (jus possidendi)
b. To use (jus utendi)
Principle of Self-Help (Art. 429)
c. To the fruits (jus fruendi) and
 The owner or lawful possessor of a thing
accessions
has the right to exclude any person from
d. To abuse (jus abutendi)
the enjoyment and disposal of the property
2. Right to dispose (DATE)
by the use of such force as may be
a. To destroy
necessary to repel or prevent actual or
b. To alienate
threatened unlawful physical invasion or
c. To transform
usurpation of his property.
d. To encumber
3. Right to vindicate: (PR)
Requisites: (RONA)
a. Pursuit
1. Reasonable force
b. Recovery
2. Owner or lawful possessor is the
4. Right to exclude: (ER)
person who will exercise
1. To enclose, fence and delimit
3. No delay in one’s exercise
2. To repel intrusions even with force
4. Actual or threatened physical invasion
or usurpation
CHARACTERISTICS: (GEEPI)
1. General – the right to make use of all the
Doctrine of Incomplete Privilege or State of
possibilities or utility of the thing owned,
Necessity (Art. 432)
except those attached to other real rights
General Rule: A person cannot interfere with
existing thereon.
the right of ownership of another.
2. Elastic – power/s may be reduced and
thereafter automatically recovered upon
Exception: Doctrine of Incomplete Privilege or
the cessation of the limiting rights.
State of Necessity
3. Exclusive – there can only be one
ownership over a thing at a time. There
Requisites: (ID)
may be two or more owners but only one
1. Interference necessary to avert an
ownership.
imminent and threatened danger
4. Perpetuity – ownership lasts as long as
2. Damage to another much greater than
the thing exists. It cannot be extinguished
damage to property
by non user but only by adverse
possession.
LEGAL REMEDIES TO RECOVER
5. Independence – it exists without necessity
POSSESSION OF ONE’S PROPERTY:
of any other right.
1. Personal Property
LIMITATIONS: (GOSIP)
Replevin – a remedy for the recovery of
1. General limitations imposed by the State
possession of personal property which is
for its benefit
governed by Rule 60 of the Rules of Court
2. Limitations imposed by the owner himself
3. Specific limitations imposed by law
2. Real Property
4. Inherent limitations arising from conflict
a. Accion interdictal: A summary action
with other rights
to recover physical or material
possession of property.

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 San Beda College of Law
Property
 It must be brought in the proper
MTC or MeTC within one year
from the time the cause of action
arises.
i. Forcible entry (detencion): An
action for recovery of material
possession of real property when
a person originally in possession
was deprived thereof by force,
intimidation, strategy, threat or
stealth.
ii. Unlawful Detainer (desahuico): An
action for recovery of possession
of any land or building by a
landlord, vendor, vendee, or other
person against whom the
possession of the same was
unlawfully withheld after the
expiration or termination of the
right to hold possession, by virtue
of any contract.
Forcible Entry and Unlawful Detainer
Distinguished
Forcible Entry Unlawful Detainer
As to when possession became unlawful
Possession of the Possession
defendant is unlawful inceptively lawful but
from the beginning as he becomes illegal from
acquires possession by the time defendant
force, intimidation, unlawfully withholds
strategy, threat or stealth possession after the
expiration
termination of his right
thereto.
As to the necessity of demand
No previous demand for Demand is
the defendant to vacate jurisdictional if the
is necessary ground is non–
payment of rentals or
failure to comply with
the lease contract
As to necessity of proof of prior physical
possession
Plaintiff must prove that Plaintiff need not have
he was in prior physical been in prior physical
possession of the possession
premises until he was
deprived thereof by the
defendant
As to when the 1 year period is counted from
1 year period is 1 year period is
generally counted from counted from the date
the date of actual entry of last demand or last
on the land letter of demand
b. Accion publiciana: An ordinary civil
proceeding to recover the better right
of possession of property and is
resorted to when the dispossession
has lasted for more than 1 year.
 The issue involved is not
possession de facto but
possession de jure of realty
independent of the title.
 Must be brought in the proper
RTC within a period of 10 years
from the time the cause of action
arises.
c. Accion reinvidicatoria: An action to
recover real property based on
ownership. The object is the recovery
of dominion over the property as
owner.
 Must be brought in the proper
RTC within a period of 10 years
from the time the cause of action
arises.
Requisites:
i. The thing must be corporeal,
concrete, and determinate
ii. Proof of identity
iii. Proof of title (Reyes-Puno, p.24)
Surface Rights (Art. 437)
is The owner of a parcel of land is the owner of
its surface and everything under it.
Limitations:
Horizontally: extends up to the boundaries
or Vertically: extends below the surface and
above it to the extent required by the
economic interest of or utility to the owner, in
relation to the exploitation that may be made
of the property
Airspace: the owner cannot complain of the
reasonable requirements of aerial navigation
HIDDEN TREASURE (Arts. 438 & 439)
Any hidden or unknown deposit of money,
jewelry or other precious objects, the lawful
ownership of which does not appear
General Rule: It belongs to the owner of the
land, building or other property on which it is
found.
Exceptions: The finder is entitled to ½
provided:
1. Discovery was made on the property of
another, or of the State or any of its
political subdivisions;
2. The finding was made by chance;
3. The finder is not a co–owner of the
property where it is found;
4. The finder is not a trespasser;
5. The finder is not an agent of the
landowner;
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6. The finder is not married under the
absolute community or the conjugal
partnership system (otherwise his share
belongs to the community).
 It is necessary that no known owner
appears. “Hence, that money found in a
library, when the books were delivered to
the legatees in a testamentary proceeding,
could not be considered a treasure
because it was shown that the library had
been used by the testator and that money
consisted, in greater part, of this kind in
circulation during the life of the testator” (1
Capistrano 394).
ACCESSION (Arts. 440– 475)
The right by virtue of which the owner of a
thing becomes the owner of everything that is
produced thereby or which is incorporated or
attached thereto, either naturally or artificially.
Accessories - things joined to or included with
the principal thing for the latter’s
embellishment, better use, or completion
Classifications:
1. Accession Discreta – the right pertaining
to the owner of a thing over everything
produced thereby
Fruits - all periodical additions to a
principal thing produced by forces inherent
to the thing itself
Requisites:
a. increase or addition to the original
thing
b. at repeated intervals
c. by inherent forces
Kinds of Fruits
a. Natural fruits – spontaneous products
of the soil, the young and other
products of animals
b. Industrial fruits – those produced by
lands of any kind through cultivation or
labor
c. Civil fruits – rents of buildings, price of
leases or lands and the amount of
perpetual or life annuities or other
similar income
 Bonus to planters for the risk
undergone in mortgaging property is
NOT a civil fruit of the mortgaged
property (Bachrach Motor Co. vs.
Talisay-Silay Milling Co. GR No.
35223, September 17, 1931).
49
General Rule: To the owner of the
principal belongs the natural, industrial,
and civil fruit.
Exceptions: If the thing is: (PULA)
a. In possession of a possessor in good
faith;
b. Subject to a usufruct;
c. Leased or pledged; or
d. In possession of an antichretic creditor
General Rule: Expenses of production,
gathering and preservation (whether more
or less than the value of the fruits) must be
borne by the receiver of the fruits.
Exception: The rule does NOT always
apply to pending fruits.
2. Accession Continua – the right
pertaining to the owner of a thing over
everything that is incorporated or attached
thereto either naturally or artificially; by
external forces.
a. With respect to real property
i. Accession industrial
 Building, planting, sowing
ii. Accession natural
 Alluvium, avulsion, change of
course of rivers, formation of
islands
b. With respect to personal property
i. Adjunction or conjunction
ii. Commixtion or confusion
iii. Specification
Basic Principles: (GONE BAD)
1. He who is in good faith may be held
responsible but will not be penalized.
2. To the owner of a thing belongs the
extension or increase of such thing.
3. Bad faith of one party neutralizes the bad
faith of the other.
4. There should be no unjust enrichment at
the expense of others.
5. Bad faith involves liability for damages.
6. Accessory follows the principal.
7. Accession exists only if the incorporation
is such that separation would either
seriously damage the thing or diminish its
value.
Right of Accession With Respect to Real
Property
Accession Industrial
Table of Rights and Obligations:
Landowner Builder, Owner of the
(LO) Planter, Materials
 San Beda College of Law
Property

Sower Bad Faith Good Faith Good Faith

(OM)
(B,P,S)
Acquire Remove Remove
Good Faith Good Faith Good Faith
improvements improvements materials if
Acquire Right of Collect value after paying in any event w/o injury
improvements retention for of materials indemnity and Be Collect value
and pay to B, necessary primarily from damages to B, indemnified of materials,
P, S and useful B, P, S; P, S for damages primarily from
indemnity; expense subsidiarily Subsidiarily B, P, S;
subsidiarily Pay value of from land liable to owner subsidiarily
liable to owner materials to owner if B, P, of materials from LO (447,
of materials owner of S insolvent (454, 447, 455)
a. Sell land materials Remove only 455)
to B or P if without
Bad Faith Bad Faith Good Faith
except if injury (455,
the value 447) Acquire Right of Collect value
of the improvements retention for of materials
land is after necessary primarily from
considera indemnity to expenses B, P, S;
bly more B, P, S; Pay value of subsidiarily
b. Rent to S subsidiarily materials to from LO
(448, liable to owner owner of 2. Collect
546, 455) of materials materials and damages
Good Faith Good Faith Bad Faith a. Sell to B, pay him 3. If B, P, S
P except: damages acquires
Acquire Right of Lose them
if the (546, 447) improvements
improvements retention for without right to
value is remove
and pay necessary indemnity
considera materials in
indemnity to and useful (449)
bly more any event
B, P, S expenses
b. Rent to S (447, 455)
A. Sell to B, P Keep building,
(453,
except if the planting or
448, 546,
value of land sowing w/o
548, 455)
is indemnity to
considerably owner of Good Faith Bad Faith Good Faith
more, forced materials and Option to: Recover Good Faith
lease collect Acquire w/o necessary Collect value
Without damages paying expenses of materials
subsidiary (546, 449) indemnity and (452, 443) and damages
liability for collect Lose from B, P, S
cost of damages improvements and
material Sell to B, P w/o right of subsidiarily
and rent to S retention from from LO
Good Faith Bad Faith Bad Faith
and collect LO (452) Remove
Option to: Recover Bad Faith damages unless LO materials in
Acquire necessary Recover value Demolish or sells the land any event if B,
improvement expenses for from B, P, S restore and P, S acquires
w/o paying preservation (as if both collect improvements
indemnity and Lose acted in good damages
collect improvements faith) Pay
damages, or w/o right to If B, P, S necessary
Demolition or indemnity acquires expenses to
restoration, from LO (452) improvements B, P, S
and collect unless the LO , remove Subsidiarily
damages, or sells land materials if liable to owner
Sell to B, P or w/o injury of materials
rent to S, and (447) (449, 450,
collect No action 451)
damages versus LO
Bad Faith Good Faith Bad Faith
Pay
necessary Acquire Indemnity for No indemnity;
expenses to improvements damages lose materials
B, P, S (449, & pay Remove (449)
450, 451) indemnity & improvements
Bad Faith damages to B, in any event
P, S (454, 447)
Same as though all acted in good faith (453) (454,447)

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 San Beda College of Law
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Article 448:
Application:
 Applies only when the builder, planter or
sower believes he has the right to build,
plant or sow because he thinks he owns
the land or believes himself to have a
claim of title (Morales vs. CA, GR No.
126196, January 28, 1998).
 When the co-ownership is terminated by a
partition and it appears that the house of
an erstwhile co-owner has encroached
upon a portion pertaining to another co-
owner which was however made in good
faith, then the provisions of Art. 448 should
apply to determine the respective rights of
the parties (Ignao vs. Intermediate
Appellate Court GR No. 72876, January
18, 1991).
 Does not apply where one’s interest in the
land is merely that of a holder such as a
mere lessee under a rental contract
(Balucanag vs. Francisco GR No. L-
33422, May 30, 1983), an agent, or a
usufructuary (Macasaet vs. Macasaet GR
No. 154391, September 30, 2004).
Lessees came into possession of the lot
by virtue of a contract of lease. They are
then estopped to deny their landlord’s title
or to assert a better title not only in
themselves, but also in some third person
while they remain in possession of the
land until they surrender such possession
to the landlord (Munar v. CA). The
estoppel applies even though the lessor
had no title at the time. The relation of
lessor and lessee may also be asserted by
the successor’s of the original lessor to the
latter’s title (Feliciano v Sps. Zaldivar, GR.
No 162593, Sept 26, 2006)
 The provision on indemnity in Art. 448 may
be applied by analogy considering that the
primary intent of the law is to avoid a state
of forced co–ownership especially where
the parties agree that Arts. 448 and 546
are applicable and indemnity for the
improvements may be paid although they
differ as to the basis of the indemnity. It is
the current market value of the
improvements which should be made the
basis of reimbursement to the builder in
good faith (Pecson vs. CA, GR No. 94033,
May 29, 1995).
 Article 448 refers to a land whose
ownership is claimed by two or more
parties, one of whom has built some
works, or sown or planted something. It
does not apply to a case where the owner
of the land is the builder, sower, or planter
who then later loses ownership of the land
by sale or donation. Where the true owner
51
himself is the builder of the works, the
issue of good faith or bad faith is entirely
irrelevant. The rule on good faith laid down
in Article 526 of the Civil Code shall be
applied to determine the good faith of the
builder in Article 448. (Pecson v CA GR
No. 115814, et al. , May 26, 1995)
 After the government sold the property of
a person due to non-payment of taxes, the
buyer moved for delivery not only of the
lot, but even the improvement. Only the lot
was sold. The motion was granted subject
to the condition of reimbursement of the
value of the improvement. Reason: he is a
builder in good faith. He was still the
owner of the lot when he constructed the
improvement.(Nuguid v CA GR No.
151815, February 23, 2005)
Options of the landowner:
 The owner of the land shall have the right
to appropriate as his own the building,
planting or sowing, after payment of the
necessary and useful expenses. The
owner of the land may also oblige the
builder, planter or sower to pay the price of
the land. If the owner chooses to sell his
land, the builder, etc. must purchase the
land; otherwise, the owner may remove
the improvements thereon. The builder,
etc. is not obliged to purchase the land if
its value is considerably more than the
building. In such case, the builder, etc.
must pay rent. If the parties cannot come
to terms over the conditions of the lease,
the court must fix the terms thereof.
(Ballatan vs. CA, GR No. 125683, March
2, 1999).
 The landowner can choose between
appropriating the building by paying the
proper indemnity or obliging the builder to
pay the price of the land, unless its value
is considerably more than that of the
structures, in which case the builder in
good faith shall pay reasonable rent. If the
parties cannot come to terms over the
conditions of the lease, the court must fix
the terms thereof.(Rosales, et al. v.
Castellfort, et al., Oct 5, 2005)
 The landowner may not refuse both to pay
for the building or to sell the land and,
instead seek to compel the owner of the
building to remove the building from the
land. He is entitled to such removal ONLY
when, after having chosen to sell the land,
the other party fails to pay for said land
(Ignacio vs. Hilario GR No. L-175, April
30, 1946).
 Should no other arrangement be agreed
upon, the owner of the land does not
 San Beda College of Law
Property
automatically become the owner of the
improvement (Filipinas Colleges, Inc. vs.
Timbang GR No. L-12812, September 29,
1959).
Rights of the builder in good faith:
 He has the right to be reimbursed the
value of the improvement. He has the right
of retention until fully reimbursed.
 The builder in good faith cannot be
compelled to pay rentals during the period
of retention. He cannot be ordered to
vacate.
 The owner of the land cannot offset the
necessary and useful expenses with the
fruits received by the builder in good faith.
Otherwise, the security would be impaired.
(Rosales v Castellfort, Oct 15, 2005)
Right to choose:
 The option to appropriate the building or
sell the land belongs to the landowner.
The only right of the builder in good faith is
the right to reimbursement, not to compel
the owner of the land to sell. The option is
not to buy but to sell. The option is given
to the landowner because his right is
older, and because of the principle of
accession, he is entitled to the thing
attached to his land. (Quemuel v Olaes
GR No. L-11084, April 29,1961). Not even
a declaration of the builder’s bad faith
shifts the option to him per Article 450 of
the CC. (Germiniano, et al. v. CA et al. GR
No. 120303, July 24, 1996)
 The so-called “workable solution”
suggested in the case of Grana vs. CA
(GR No. L-49219, April 18, 1988), where
the Court ordered the owner of the land to
sell to the builder, etc. the part of the land
intruded upon thereby depriving him of his
right to choose because it would be
impractical to choose the first alternative
for the whole improvement might be
rendered useless, is contrary to the
explicit provisions of Art. 448 to the effect
that "(t)he owner of the land . . . shall have
the right to appropriate . . .or to oblige the
one who built . . . to pay the price of the
land . . . ." The law is clear and
unambiguous when it confers the right of
choice upon the landowner and not upon
the builder and the courts. (Ignao vs. IAC,
Iganao and Ignao, GR No. 72876 January
18, 1991)
Reason for the law:
 The raison d’etre for the law is that, where
the builder, planter or sower has acted in
good faith, a conflict of rights arises
52
between the owners, and it becomes
necessary to protect the owner of the
improvements without causing injustice to
the owner of the land. In view of the
impracticability of creating a state of forced
co-ownership, the law has provided a just
solution. (Depra v Dumlao GR No. L-
57348, May 16, 1985)
Accession Natural
1. Alluvion or Alluvium (Art. 457-458)
Increment which lands abutting rivers
gradually receive as a result of the current
of the waters
Accretion - the process by which a
riparian land gradually and imperceptibly
receives addition made by the water to
which the land is contiguous
Requisites of alluvion or accretion:
a. the deposit or accumulation of soil or
sediment must be gradual and
imperceptible (increase must be
comparatively little)
b. the accretion must result from the
effects or action of the current of the
water
c. that the land where accretion takes
place is adjacent to the bank of the
river
 Accretions belong to the riparian
owners upon whose lands the alluvial
deposits were made (Agustin vs.
Intermediate Appellate Court GR Nos.
66075-76, July 5, 1990).
Reasons for the rule:
a. To compensate the owner for losses
which they may suffer by erosion.
b. To compensate them for the burdens
of legal easements, which are
imposed upon them
c. Because it is the owner of the
contiguous land who can utilize the
increment to the best advantage
d. Because this is the only feasible
solution, since the previous owners
can no longer be identified.
 An alluvion is automatically owned by
the riparian owner from the moment
the soil deposit can be seen but the
additional area does not automatically
become registered land just because
the lot which receives such accretion
is covered by a Torrens title. The
riparian owner must register the
additional area (Heirs of E. Navarro
 San Beda College of Law
2010 Centralized Bar Operations
vs. Intermediate Appellate Court GR
No. 68188, October 13, 1997).
 Failure to register the acquired alluvial
deposit by accretion subjects said
accretion to acquisition thru
prescription by third persons
(Reynante vs. CA, GR No. 95907,
April 8, 1992).
 A riparian owner cannot acquire the
addition to his land caused by special
works (e.g., dikes) expressly intended
by him to bring about accretion (i.e.,
for reclamation purposes) and not to
protect his property from the
destructive force of the waters of the
river (Republic vs. CA, GR No. L-
43105, August 31, 1984).
 Art 457 excludes all deposits caused
by human intervention. Alluvion must
be the exclusive work of nature. (Vda
De Nazareno, et al. v. CA, GR. No.
98405, June 26, 1996 )
 In the absence of evidence that the
change in the course of the river was
sudden, the presumption is that the
change was gradual and was caused
by alluvium and erosion (Payatas-
Estate Improvement Co. vs. Tuason
GR No. L-30067, March 23, 1929).
2. Avulsion (Art. 459)
The transfer of a known portion of land
from one tenement to another by the force
of the current. The portion of land must be
such that it can be identified as coming
from a definite tenement.
Requisites:
a. the segregation and transfer must be
caused by the current of a river, creek
or torrent
b. the segregation and transfer must be
sudden or abrupt
c. the portion of land transported must
be known or identified
Note: The owner must remove (not
merely claim) the transported portion
within two years to retain ownership.
 Art. 460 applies only to uprooted
trees. If a known portion of land with
trees standing thereon is carried away
by the current to another land, Art. 459
govern and the 2 year period applies.
 In case of uprooted trees, the owner
retains ownership if he makes a claim
within 6 months. This does not include
trees which remain planted on a
known portion of land carried by the
force of the waters. In the latter case,
53
the trees are regarded as accessions
of the land through gradual changes in
the course of adjoining stream
(Payatas-Estate Improvement Co. vs.
Tuason GR No. L-30067, March 23,
1929).
Alluvium and Avulsion Distinguished
Alluvium Avulsion
Gradual and Sudden or abrupt
imperceptible process
Soil cannot be identified Identifiable and
verifiable
Belongs to the owner of Belongs to the owner
the property to which it is from whose property it
attached was detached
3. Change of Course of Rivers (Art. 461–
462)
Requisites: (NAPA)
a. There must be a natural change in the
course of the waters of the river;
otherwise, the bed may be the subject
of a State grant (Reyes–Puno, p.54).
b. The change must be abrupt or sudden
c. The change must be permanent; the
rule does not apply to temporary
overflowing
d. There must be abandonment by the
owner of the bed i.e. a decision not to
bring back the river to the old bed.
(Reyes–Puno, p.53).
 Once the river bed has been
abandoned, the owners of the invaded
land become owners of the
abandoned bed to the extent as
provided by Art. 462. No positive act is
needed on their part, as it is subject
thereto ipso jure from the moment the
mode of acquisition becomes evident.
 It does not apply to cases where the
river simply dries up because there
are no persons whose lands are
occupied by the waters of the river.
4. Formation of Islands (Arts. 463–465)
Rules on Ownership:
a. If formed by the sea:
i. within territorial waters – State
ii. outside territorial waters – to the
first occupant
b. If formed in lakes, or navigable or
floatable rivers – State
c. If formed on non–navigable or non–
floatable rivers:
 San Beda College of Law
Property

i. if nearer to one margin or bank –

to the nearer riparian owner
ii. if equidistant from both banks – to
the riparian owners, by halves

 There is no accession when islands

are formed by the branching of a river;
the owner retains ownership of the
isolated piece of land.

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 San Beda College of Law
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Right of Accession With Respect to
Personal Property
Basic Principle: Accession exists only if
separation is not feasible. Otherwise,
separation may be demanded.
Kinds:
1. Adjunction/ conjunction (Arts. 466-471):
The union of two movable things
belonging to different owners, in such a
manner that they cannot be separated
without injury, thereby forming a single
object
Requisites:
a. the two things must belong to different
owners
b. that they form a single object, or that
their separation would impair their
nature
Kinds:
a. Inclusion or engraftment e.g. when a
diamond is set on a gold ring
b. Soldadura or soldering e.g. when lead
is fused to an object made of lead
i. Ferruminacion – if both the
accessory and
principal objects are of the same
metal
ii. Plumbatura – if the accessory and
principal objects are of different
materials
c. Escritura or writing e.g. when a person
writes on a paper belonging to another
d. Pintura or painting e.g. when a person
paints on a canvas belonging to
another
e. Tejido or weaving e.g. when threads
belonging to different owners are used
in making textile
Tests to determine principal in adjunction:
a. The “rule of importance and purpose”
(Art. 467)
b. That of greater value – if they are of
unequal values
c. That of greater volume – if they are of
equal values
d. That of greater merits – take into
consideration all pertinent provisions
applicable as well as the comparative
merits, utility and volume
Rules on who is Entitled:
a. Adjunction in good faith by either
owner:
General Rule: Accessory follows the
principal
55
Exceptions: If the accessory is much
more precious than the principal, the
owner of the accessory may demand
the separation even if the principal
suffers some injury
b. Adjunction in bad faith by the owner of
the principal
Options of the owner of the accessory:
i. To recover the value plus
damages
ii. To demand separation, even
though it may be necessary to
destroy the principal thing, plus
damages
c. Adjunction in bad faith by the owner of
the accessory
i. He loses the accessory
ii. He is liable for damages
When separation of things allowed:
i. Separation without injury
ii. Accessory is more precious than
the principal
iii. Owner of the principal acted in
bad faith
2. Mixture (Arts. 472-473): Union of
materials where the components lose their
identity
Kinds:
a. Commixtion – mixture of solids
b. Confusion – mixture of liquids
Rules:
a. By the will of both owners or by
accident: each owner acquires an
interest in proportion to the value of
his material
b. By one owner in good faith: apply rule
(a)
c. By one owner in bad faith:
i. he loses all his rights to his own
material
ii. he is liable for damages
3. Specification (Art. 474): The
transformation of another’s material by the
application of labor. The material
becomes a thing of different kind. Labor is
the principal
Rules:
a. Owner of the principal (worker) in
good faith:
i. maker acquires the new thing
ii. he must indemnify the owner of
the material
 San Beda College of Law
Property

Exception: if the material is more An action to remove cloud or to quiet title is a

valuable than the resulting thing, the
owner of the material has the option:
i. to acquire the work, indemnifying
for the labor, or
ii. to demand indemnity for the
material
b. Owner of the principal (worker) in bad
faith, the owner of the material has the
option:
i. to acquire the result without
indemnity
ii. to demand indemnity for the
material plus damages
c. Owner of the material in bad faith
i. he loses the material
ii. he is liable for damages
remedy or proceeding in equity, the purpose of
which is the declaration of the invalidity of a
claim on a title or the invalidity of an interest in
property adverse to that of the plaintiff, and
thereafter to free the plaintiff and those
claiming under him form any hostile claim
thereon. It not only aims to place things in their
proper place, to make the one who has no
right to respect and not disturb the other, but
also for the benefit of both, so that he who has
the right would see every cloud of doubt over
the property dissipated, and he could
afterwards without fear introduce the
improvements he may desire, to use, and
even to abuse the property as he deems best.
General Rule: Only real property could be the
subject matter of quieting of title.

Indemnity of the material, how paid (Art Exception: Certain personal properties like
471): vessels may be the object of quieting of title.
a. The delivery of the same kind and
value and in all other respects to that Nature:
employed; or Actions for quieting of title are neither suits in
b. The payment of the value, as per rem nor suits in personam. They are suits
expert appraisal. against a particular person in respect to the
res and the judgment will apply only to the
 In determining the value, sentimental property in dispute. They are suits quasi in
value must be taken into account. rem (Realty Sales Enterprises, Inc. vs.
Intermediate Appellate Court GR No. L-67451,
Adjunction, Mixture and Specification September 28, 1987).
Distinguished
Requisites: (LCD-R)
Adjunction Mixture Specification
1. Plaintiff must have a legal or equitable title
Involves at Involves at May involve one to, or interest in the real property which is
least 2 things least 2 thing (or more) the subject matter of the action;
things but form is
2. There must be a cloud in such title;
changed
3. Such cloud must be due to some
Accessory Co- Accessory instrument, record, claim, encumbrance or
follows the ownership follows the proceeding which is APPARENTLY VALID
principal results principal
but is in truth invalid, ineffective, voidable
Things joined Things The new object or unenforceable, and is prejudicial to the
retain their mixed or retains or plaintiff’s title; and
nature confused preserves the 4. Plaintiff must return to the defendant all
may either nature of the
retain or original object.
benefits he may have received from the
lose their latter, or reimburse him for expenses that
respective may have redounded to his benefit.
natures
Classes:
QUIETING OF TITLE (Arts. 476–481) 1. Remedial (Action to quiet title) - the action
may be brought to remove a cloud or quiet
Cloud on title title to real property or an interest therein
A semblance of title, either legal or equitable, (Art. 476 par. 1)
or a claim or a right in real property, appearing 2. Preventive (Action quia timet) - to prevent
in some legal form but which is, in fact, invalid a future cloud (doubt) from being cast
or which would be inequitable to enforce upon the title to real property or an interest
therein (Art. 476 par. 2).
Action to quiet title
Prescriptive Period:

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 San Beda College of Law
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1. Plaintiff in possession – imprescriptible, tree is liable for damages under the law on
because the owner is given the continuing quasi-delict (Art. 2191, par. 3).
aid by the court to ascertain and determine
the nature of such claim and its effect on CO- OWNERSHIP
his title. He can wait until his possession is
disturbed and attacked before taking steps
to vindicate his right. (Coronel v IAC, GR That form of ownership which exists whenever
No. 70191, October 29, 1987) an undivided thing or right belongs to different
2. Plaintiff not in possession – 10 (ordinary) persons.
or 30 years (extraordinary)  By the nature of co–ownership, a co–
owner cannot point to any specific portion
The action to quiet title does NOT apply: of the property owned in common as his
1. To questions involving interpretation of own because his share in it remains
documents intangible and ideal (Avila et al. vs. Sps.
2. To mere written or oral assertions of Barabat GR No. 141993, May 17, 2006).
claims, EXCEPT:  The possession of a co–owner is like that
a. if made in a legal proceeding of a trustee and shall not be regarded as
b. if it is being asserted that the adverse to the other co–owner but in fact
instrument or entry in plaintiff’s favor is beneficial to all of them (Salvador vs. CA,
not what it purports to be G.R. No. 109910, April 5, 1995)
3. To boundary disputes
4. To deeds by strangers to the title UNLESS REQUISITES:
purporting to convey the property of the 1. Plurality of owners
plaintiff 2. The object of ownership must be a thing
5. To instruments invalid on their face or right which is undivided
6. Where the validity of the instrument 3. Each co–owner’s right must be limited
involves pure questions of law only to his ideal share of the physical
whole
Duty of plaintiff to restore benefits and
expenses (Art. 479): CHARACTERISTICS: (PSNCLG)
1. Restoration is required whenever the 1. Plurality of subjects/owners
complainant is shown to be morally bound 2. There is a single object which is not
to reimburse the defendant materially divided
2. Even if the debt is not enforceable by 3. There is no mutual representation by the
reason of the statue of limitations, co–owners
payment may be required by the court 4. It exists for the common enjoyment of the
co–owners
Reason: “He who seeks equity must do 5. It has no distinct legal personality
equity.” 6. It is governed first of all by the contract of
the parties; otherwise, by special legal
RUINOUS BUILDINGS AND TREES IN provisions, and in default of such
DANGER OF FALLING (Arts. 482–483): provisions, by the provisions of Title III on
co–ownership
As to buildings:
 The complainant must show that his SOURCES: (C2LOST)
property is adjacent to the dangerous 1. Contract
construction, or must have to pass by 2. Chance
necessity in the immediate vicinity. 3. Law
 Lack of knowledge of the falling condition 4. Occupation
of the structure will not excuse the owner 5. Succession
from liability. 6. Testamentary disposition or donation inter
vivos
 If the damage is caused by defects in the
construction, then the builder is
Co–ownership and Partnership
responsible for the damages.
Distinguished
Co–Ownership Partnership
As to trees: Can be created Can be created
 If by the the fall of the tree, occasioned by without the only by contract,
the inaction or negligence of the owner, Creation
formalities of a express or
someone has been hurt, the owner of the contract implied
Personality Has no juridical Has juridical

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 San Beda College of Law
Property

or legal
personality 3. To the benefits of prescription:
distinct from the prescription by one co–owner benefits
personality
partners all.
Purpose is 4. Repairs and taxes: to compel the
collective Purpose is to
Purpose others to share in the expenses of
enjoyment of obtain profits
the thing preservation even if incurred without
Co–owner can prior notice.
dispose of his A partner, unless  The co–owner being compelled
shares without authorized, may exempt himself from the
the consent of cannot dispose payment of taxes and expenses
Disposal of the others with of his share and by renouncing his share
Share the substitute equivalent to such taxes and
transferee another as a expenses. The value of the
automatically partner in his
becoming a co– place.
property at the time of the
owner. renunciation will be the basis of
There is no A partner can the portion to be renounced.
Mutual 5. Alterations: to oppose alterations
mutual generally bind
Agency
representation. the partnership. made without the consent of all, even
Distribution of if beneficial.
profits must be Distribution of Alteration is an act by virtue of which a
Distribution proportional to profits is subject co–owner changes the thing from the
of Profits the respective to the stipulation state in which the others believe it
interests of the of the parties
should remain, or withdraws it from
co–owners
A co– the use to which they desire it to be
ownership is Death or intended.
Effect of 6. To protest against seriously prejudicial
not dissolved incapacity
Death or decisions of the majority
by the death or dissolves the
Incapacity
incapacity of a partnership 7. Legal redemption: to be exercised
co–owner. within 30 days from written notice of
No public sale of an undivided share of another
instrument May be made in co–owner to a stranger
needed even if any form except
Formal 8. To defend the co–ownership’s interest
real property is when real
Requisites
the object of property is
in court
the co– contributed 9. To demand partition at any time
ownership Partition is the division between 2 or
An agreement more persons of real or personal
There may be
to keep the property which they own in common
agreement as to
Agreement thing undivided so that each may enjoy and possess
a definite term
as to Period for a period of his sole estate to the exclusion of and
without limit set
more than 10 without interference from others.
by law.
years is void. (Avila vs. Sps. Barabat GR No.
141993, March 17, 2006). An action
RULES: for partition is at once an action for
A. Rights of each co–owner as to the thing declaration of co-ownership and for
owned in common: (USBRAP–LDP) segregation and conveyance of a
1. To use the thing owned in common determinate portion of the properties
Limitations: involved (Balo v. CA, G.R. No.
a. use according to the purpose for 129704)
which it was intended
b. interest of the co–ownership must
General Rule: Partition is demandable
not be prejudiced
by any of the co–owners as a matter
c. other co–owners must not be
of right at any time.
prevented from using it according
to their own rights
Exceptions: (SCLUPA)
2. To share in the benefits and charges
a. When there is a stipulation against
in proportion to the interest of each.
it; but not to exceed 10 years.
 Any stipulation to the contrary is b. When the condition of indivision is
void. imposed by the donor or testator;
but not to exceed 20 years.

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 San Beda College of Law
2010 Centralized Bar Operations
c. When the legal nature of the
community prevents partition.
d. When partition would render the
thing unserviceable.
e. When partition is prohibited by law
f. When another co–owner has
possessed the property as
exclusive owner for a period
sufficient to acquire it by
prescription.
B. The following questions are governed
by the majority of interests:
1. Management
Acts of Management (Castan)
a. Those that do not involve an
alteration
b. Are renewable from time to time
c. Do not bind the community for a
long time in the future
d. Do not give rise to a real right over
the thing owned in common
(Reyes-Puno. p.73).
 Minority may appeal to the court
against the majority’s decision if
the same is seriously prejudicial.
2. Enjoyment
3. Improvement or embellishment
C. Rights as to the ideal share of each co–
owner:
1. Each has full ownership of his part
and of his share of the fruits and
benefits
2. Right to substitute another person in
its enjoyment, EXCEPT when
personal rights are involved
3. Right to alienate, dispose or encumber
4. Right to renounce part of his interest
to reimburse necessary expenses
incurred by another co–owner
5. Transactions entered into by each co–
owner only affect his ideal share.
 When a co-owner sells the whole
property as his, the sale affects
only the seller’s share pro indiviso
and the transferee gets only what
corresponds to his grantor’s share
in the partition of the property
owned in common. Since a co-
owner is entitled to sell his
undivided share, a sale of the
entire property by one co-owner
without the consent of the other co-
owners is not null and void; only
the rights of the co-owners/seller
are transferred, thereby making the
buyer a co-owner of the property
(Oesmer vs. Paraiso Dev’t Corp.,
59
G.R. No. 157493, February 5,
2007)
 In such cases, the remedy is to
ask for partition, not to ask for the
nullity of the sale. (Aguirre, et. al
vs. CA, et al., GR No. 122249,
January 29, 2004).
 A co-owner cannot acquire by prescription
the share of the co-owners, absent any
clear repudiation of the co-ownership. In
order that the title may prescribe in favor
of a co-owner, the following requisites
must concur: (1) the co-owner has
performed unequivocal acts of repudiation
amounting to an ouster of the other co-
owners; (2) such positive acts of
repudiation have been made known to the
other co-owners; and (3) the evidence
thereof is clear and convincing (Robles vs.
CA, GR No. 123509, March 14, 2000).
 Mere receiving of rents or profits, payment
of taxes, or construction of a fence or
building would not be sufficient proof of
exclusive or adverse possession because
anyone in the co-ownership may do it.
(Laguna v. Levantino GR No. L-47386,
April 18, 1941 )
 The act of executing the affidavit of self–
adjudication did not constitute sufficient
act of repudiation. In fact, there was bad
faith of the co–heir in feigning sole
ownership of the property to the exclusion
of the other co–heirs. (Galvez vs. CA, GR
No. 157954, March 24, 2006).
 The Torrens title does not furnish a shield
for fraud. Thus, where one registered the
property in question in his name in fraud of
his co–heirs, prescription can only be
deemed to have commenced from the
time the latter discovers the fraudulent act
(Adille vs. CA, GR No. L-46484 January
29, 1988).
 Under the law, anyone of the co–owners
may bring an action in ejectment (Art.
487). This can be done without joining all
other co-owners because the suit is
presumed to have been filed for the
benefit of his co–owners. But if the suit is
for the benefit of the plaintiff alone who
claims to be the sole owner and entitled to
the possession of the litigated property the
action should be dismissed and it will not
prosper especially so that there is
evidence of co–ownership of the property,
and there is no showing that they waived
their rights (Baloloy vs. Hular GR No.
159723. September 9, 2004).
 Redemption of the whole property by the
co owner does not vest in him sole
 San Beda College of Law
ownership over the said property.
Redemption duly made within the period
prescribed by law inures to the benefit of
the co-ownership and does not put an end
to its existence (Mariano vs CA, G.R. No.
101522, May 28, 1993).
EXTINGUISHMENT OF CO–OWNERSHIP
(CALSTEP):
1. Consolidation or merger in one co–owner
2. Acquisitive prescription in favor of a third
person or a co–owner who repudiates the
co–ownership
3. Loss or destruction of property co–owned
4. Sale of property co–owned
5. Termination of period agreed upon by the
co–owners
6. Expropriation
7. Judicial or extra–judicial partition
CONDOMINIUM ACT (R.A. 4726)
Condominium - an interest in real property
consisting of a separate interest in a unit in a
residential, industrial or commercial building
and an undivided interest in common, directly
or indirectly, in the land on which it is located
and in other common areas of the building.
 Any transfer or conveyance of a unit or an
apartment, office or store or other space
therein, shall include transfer
conveyance of the undivided interest in the
common areas or, in a proper case, the
membership or shareholdings in the
condominium corporation: Provided,
however, that where the common areas in
the condominium project are held by the
owners of separate units as co–owners
thereof, no condominium unit therein shall
be conveyed or transferred to persons
other than Filipino citizens or corporations
at least 60% of the capital stock of which
belong to Filipino citizens, except in cases
of hereditary succession.
General Rule: Common areas shall remain
undivided, and there shall be no judicial
partition thereof
Exceptions:
1. When the project has not been rebuilt or
repaired substantially to its state prior to its
damage or destruction 3 years after
damage or destruction which rendered a
material part thereof unfit for use;
2. When damage or destruction has
rendered ½ or more of the units untenable
and that the condominium owners holding
more than 30% interest in the common
Property
areas are opposed to restoration of the
projects;
3. When the project has been in existence for
more than 50 years, that it is obsolete and
uneconomic, and the condominium
owners holding in aggregate more than
50% interest in the common areas are
opposed to restoration, remodeling or
modernizing;
4. When the project or a material part thereof
has been condemned or expropriated and
the project is no longer viable, or that the
condominium owners holding in aggregate
more than 70% interest in the common
areas are opposed to the continuation of
the condominium regime;
5. When conditions for partition by sale set
forth in the declaration of restrictions duly
registered have been met.
SOME SPECIAL PROPERTIES
WATERS (Arts. 502-518)
Laws Governing Waters:
1. Civil Code of the Philippines
2. Spanish Law on Waters of August 3, 1866
3. The Irrigation Acts, Act 2152 and its
amendments
4. Water Power Act No. 4062
5. Art. XII , Sec 2 of the Philippine
or
Constitution
6. Water Code of the Philippines
Classification
1. Waters public per se (water is the
principal); the bed follows the character of
the water
2. Waters public or private according to their
bed (water is accessory to bed)
3. Waters public by special provision
MINERALS (Art. 519)
Laws Governing Minerals:
1. Before 1902: R.D. sobre Mineria 1867
2. Between 1902-1906: The Philippine Bill of
1902 and Legislative Acts
3. Art. XII of the Philippine Constitution
4. Present: Mineral Resources Development
Decree of 1974 (P.D. 463) and the Civil
Code of the Philippines
Minerals – all inorganic substances found in
nature, whether in solid, liquid, gaseous, or
any intermediate state, with the exception of
soil which supports the organic life, and of
ordinary earth, gravel, sand, and stone which
are used for building or construction purposes
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TRADEMARK AND TRADE NAMES (Arts.
520-523)
Laws Governing Trademarks and Trade
names:
1. Intellectual Property Code (RA 8293)
2. Civil Code of the Philippines
POSSESSION
CONCEPT:
1. As an act – the holding of a thing or the
enjoyment of a right with the intention to
possess in one’s own right
2. As a fact – when there is holding or
enjoyment
3. As a right – the right of a person to
holding or enjoyment to the exclusion of all
others having better right than the
possessor
a. Jus possidendi - right to possession
which is incidental to or included in the
right of ownership
b. Jus possessionis – right of possession
independent from the right of
ownership
REQUISITES:
1. Occupancy, apprehension, or taking of a
thing or right (possession in fact);
2. Deliberate intention to possess (animus
possidendi)
 An insane or demented person
CANNOT acquire possession as they
are incapable of understanding the
import of their actions.
3. By virtue of one’s own right – in his own
name or in that of another.
DEGREES:
1. Possession without any title
whatsoever - mere holding without any
right at all (ex. thief or squatter)
2. Possession with juridical title -
predicated on juridical relation existing
between the possessor and the owner (ex.
lessee, usufructuary, depositary, agent,
pledgee and trustee)
3. Possession with just title – the
possession of an adverse claimant whose
title is sufficient to transfer ownership but
is defective (ex. when the seller is not the
true owner or could not transmit his rights
thereto to a possessor who acted in GF)
4. Possession with a title in fee simple -
derived from the right of dominion or
possession of an owner; the highest
degree of possession
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CLASSES:
1. In one’s own name – where possessor
claims the thing for himself
2. In the name of another – for whom the
thing is held by the possessor
3. In the concept of owner – possessor of
thing or right, by his actions, is considered
or believed by others as the owner,
regardless of good or bad faith of the
possessor
 Possessor in the concept of an owner
is presumed with just title. (Art. 541)
4. In the concept of holder – possessor
holds it merely to keep or enjoy it, the
ownership pertaining to another person;
possessor acknowledges in another a
superior right which he believes to be
ownership; cannot acquire ownership by
prescription
 None of these holders may assert a
claim of ownership for himself over the
thing but they may be considered as
possessors in the concept of owner, or
under claim of ownership, with respect
to the right they respectively exercise
over the thing.
5. In good faith – possessor is not aware
that there is in his title or mode of
acquisition a defect that invalidates it
Requisites:
a. Ostensible title or mode of acquisition
b. Vice or defect in the title
c. Possessor is ignorant of the vice or
defect and must have an honest belief
that the thing belongs to him
 Gross and inexcusable ignorance of
the law may not be the basis of good
faith, but possible excusable
ignorance may be such basis (Kasilag
vs. Roque GR No. 46623, December
7, 1939).
6. In bad faith – possessor is aware of the
invalidating defect in his own title.
 Only personal knowledge of the flaw in
one’s title or mode of acquisition can
make him a possessor in bad faith. It
is not transmissible even to an heir.
 Possession in good faith ceases from
the moment defects in his title are
made known to the possessor
EXTENT OF POSSESSION:
1. Actual possession – occupancy in fact of
the whole or at least substantially the
whole property
2. Constructive possession – occupancy of
part, in the name of the whole, under such
circumstances that the law extends the
occupancy to the possession of the whole
 San Beda College of Law
Doctrine of constructive possession –
possession in the eyes of the law does not
mean that a man has to have his feet on
every square meter of ground before it can
be said that he is in possession (Ramos
vs. Director of Lands GR No. 13298,
November 19, 1918).
PRESUMPTIONS IN FAVOR
POSSESSOR:
1. Of good faith (Art. 527)
2. Of continuity of initial good faith (Art. 528)
3. Of enjoyment in the same character in
which possession was acquired until the
contrary is proved (Art. 529)
4. Of non–interruption in favor of the present
possessor (Art. 554)
5. Of continuous possession by the one who
recovers possession of which he was
wrongfully deprived (Art. 561)
6. Of extension of possession of real
property to all movables contained therein
(Art. 542)
OBJECT OF POSSESSION:
General Rule: All things and rights
susceptible of being appropriated (Art. 530)
Exceptions:
1. Res communes
2. Property of public dominion
3. Discontinuous servitudes
4. Non–apparent servitudes
ACQUISITION OF POSSESSION (Arts. 531-
538)
Manner of acquiring possession:
1. Material occupation of the thing or
exercise of a right
2. Subjection to our will
3. Proper acts and legal formalities
established for acquiring such right
Special Cases of Acquisition
Possession:
1. Acquisition through another person.
Where possession is acquired, not by an
agent or representative but by a stranger
without agency, possession is not
acquired until the act is ratified (Art. 532).
2. Acquisition by Succession Mortis Causa
a. Time of Acquisition – If the inheritance
is accepted, the estate is transmitted
without interruption from the death of
the predecessor. But the heir who
repudiates is deemed never to have
acquired possession (Art. 533).
Property
b. Effect of bad faith of the decedent –
One who succeeds by hereditary title
shall not suffer the consequences of
the wrongful possession of the
decedent unless it is shown that he
had knowledge of the defects affecting
it; but the effects of possession in
good faith shall not benefit him except
OF from the death of the decedent (Art.
534).
Conflicts between Several Claimants:
General Rule: Possession cannot be
recognized in two different personalities
Exception: In case of co–possession when
there is no conflict
Criteria in Case of Dispute:
1. Present/actual possessor shall be
preferred
2. If there are two possessors, the one longer
in possession
3. If the dates of possession are the same,
the one with a title
4. If all the above are equal, the fact of
possession shall be judicially determined,
and in the meantime, the thing shall be
placed in judicial deposit
 Possession cannot be acquired
through force or violence. To all
intents and purposes, a possessor,
even if physically ousted, is still
deemed the legal possessor
(Caqueña vs. Bolante GR No.
137944, April 6, 2000).
 A person who believes himself entitled
to the possession of property may not
take the law into his hands (Bishop of
Cebu vs. Mangaron, G.R. No. 1748,
June 1, 1906) or else he will be made
to suffer the consequences of his
lawlessness (Santiago vs. Cruz GR
No. L-31919, March 24, 1930).
of
Effects of Possession (Arts. 539-561)
Possessor in Good Possessor in Bad
Faith Faith
Fruits Gathered
To possessor To owner
Cultivation Expenses of Gathered Fruits
Not reimbursed to Reimbursed to
possessor possessor
Fruits Pending and Charges
Prorated according to To owner
time
Production Expenses of Pending Fruits
Indemnity pro-rata to No indemnity
possessor (owner’s
option) in money, or
by allowing full
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cultivation and d. Possession of another for more than

gathering of all fruits one year
Necessary Expenses  This refers to possession de facto
Reimbursed to Reimbursed to where the possessor loses the
possessor; retention possessor; no
retention
right to a summary action; but he
Useful Expenses may still bring an action publiciana
Reimbursed to No reimbursement or reivindicatoria.
possessor (owner’s e. By reason of the object
option) initial cost i. destruction or total loss of the
plus value may things
remove if no ii. withdrawal from commerce
reimbursement, and no
damage is caused to Acts NOT Constituting Loss of Possession
the principal by the
(Arts. 537–538)
removal
Ornamental Expenses 1. Acts executed by stealth and without
Reimbursement at Owner’s option: knowledge of the possessor
owner’s option: removal, or 2. Acts merely tolerated either by the
removal if no injury, or value at time of possessor or by his representative or
cost without removal recovery holder in his name unless authorized or
Taxes and Charges ratified
(1. on capital, 2. on fruits and 3. charges) 3. Violence
Taxes and charges Taxes and charges 4. Temporary ignorance of the whereabouts
1. Charged to 1. Charged to owner of movable property
owner 2. Charged to owner
2. Charged to 3. To owner
possessor  The possessor who recovers possession
3. Prorated is considered as having had uninterrupted
Improvements no longer existing possession despite these acts of violence,
No reimbursement No reimbursement stealth and tolerance; but he must recover
Liability for accidental loss or deterioration possession by due process, and not
Only if acting with Liable in every case otherwise (Arts. 561, 536, 539)
fraudulent intent or
negligence, after POSSESSION OF MOVABLES (Art. 559):
summons
Improvements due to time or nature
To owner or lawful To owner or lawful
Theory of Irrevindicability - Possession in
possessor possessor good faith of a movable is presumed
ownership. It is equivalent to title. No further
Necessary expenses – made for the proof is necessary (Aznar vs. Yapdiangco,
preservation of the thing G.R. No. L-18536, March 31, 1965). The rule
is necessary for purposes of facilitating
Useful expenses – add value to property or transactions on movable property which are
increase the object’s productivity usually done without special formalities (Sotto
vs. Enage, 43 O.G. 5075 [1947]).
Ornamental/luxury expenses – add value to
the thing only for certain persons in view of Requisites:
their particular whims; neither essential for 1. Possession is in good faith
preservation nor useful to everybody in 2. The owner has voluntarily parted with the
general possession of the thing
3. Possessor is in the concept of owner
LOSS OF POSSESSION (Art. 555)
Exceptions to the Theory of
General Causes: Irrevindicability:
1. By the will of the possessor 1. Where the owner or possessor lost a
a. Abandonment movable
b. Transfer or conveyance 2. Where the owner or possessor has been
2. Against the will of the possessor unlawfully deprived of a movable
a. Eminent domain
b. Acquisitive prescription  If there was a perfected unconditional
c. Judicial decree in favor of one who contract of sale between the seller and the
has a better right buyer and the former voluntarily caused
the transfer, title thereto was acquired.

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The subsequent dishonor of the check 4. May be constituted on real or personal

merely amounted to a failure of
consideration which does not render the
contract of sale void, but merely allows the
prejudiced party to sue for specific
performance or rescission of the contract
and to prosecute the impostor for estafa
under Art 315 of the RPC. (EDCA
Publishing vs. Santos, G.R. No. 80298,
April 26, 1990)
General Rule: One who has lost or has been
unlawfully deprived of a movable may recover
it from whoever possesses it without
reimbursement. The owner of the thing must
prove:
1. Ownership of the thing, and
2. Loss or unlawful deprivation; or bad faith
of the possessor.
Exceptions:
1. Where the owner acts negligently or
voluntarily parts with the thing owned, he
cannot recover it from the possessor.
2. If the possessor of the movable acquired it
in good faith at a public sale, the owner
cannot obtain its return without
reimbursing the price paid therefor.
Public Sale – one where there has been a
public notice of the sale in which anyone is
allowed to bid for the object he desires to buy.
property, consumable or non–consumable,
tangible or intangible, the ownership of
which is vested in another
5. Transmissible
 A person cannot create a usufruct over his
own property and at the same time retain
ownership of the same. For usufruct is
essentially jus in re aliena; and to be a
usufructuary of one’s own property is, in
law, a contradiction in terms and a
conceptual absurdity. (Gaboya v Cui, GR.
No. L-19614, March 27, 1971)
KINDS OF USUFRUCTUARY ACCORDING
TO ORIGIN:
1. Legal – created by law such as usufruct of
the parents over the property of their
unemancipated children
2. Voluntary – created by will of the parties
either by act inter vivos such as donation
or by act mortis causa such as in a last will
and testament
3. Mixed – acquired by prescription such as
when believing himself to be the owner of
the property of an absentee, gave in his
will the usufruct of the property for the
requisite prescriptive period to his wife,
who possessed it in good faith as
usufructuary, and naked ownership to his
brother

Possession of Animals (Art. 560): RULES GOVERNING USUFRUCT:

Wild Animals – living in a state of nature Governed primarily by the title creating it, or in
independently of and without the aid and care the absence thereof, by Articles 566-612 of
of man; considered possessed only while they the Civil Code.
are under man’s control
Normal Usufruct and Abnormal Usufruct
Domesticated/ Tamed Animals - wild or Distinguished
savage by nature but have been subdued and Normal Usufruct Abnormal Usufruct
became accustomed to live in a tamed
That which involves non- That which involves
condition; considered possessed if they consumable things things which would be
habitually return to the premises of their which the usufructuary useless to the
possessor; live, born and reared under the can enjoy without usufructuary unless
control and care of man altering their form or they are consumed or
substance, though they expended, such as
may deteriorate or money, grain, liquors,
USUFRUCT
diminish by time or use etc.
Gives the right to enjoy the property of another
with the obligation of preserving its form and General Rule: Usufructuary is bound to
substance, unless the title constituting it or the preserve the form and substance of the thing
law otherwise provides. in usufruct.

CHARACTERISTICS: Exception: Abnormal usufruct whereby the

1. Real right law or the will of the parties may allow the
2. Of temporary duration modification of the substance of the thing.
3. To derive all advantages from the thing
due to normal exploitation

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Usufruct and Lease Distinguished d. To lease the thing, generally, for the
Usufruct Lease same or shorter period as the
Nature of Always a real Generally a usufruct.
Right right personal right e. To improve the thing without altering
its form and substance
Person creating
Lessor may f. Right to set–off the improvements he
the usufruct
not be the may have made on the property
Creator of should be the
owner,ex. against any damage to the same
Right owner or his
Sub-lessor, g. To retain the thing until he is
duly authorized
usufructuary
agent reimbursed for advances for
Generally extraordinary expenses and taxes on
May be created created by the capital
by law, by contract h. To collect reimbursements from the
contract, by will owner for indispensable extraordinary
Origin
of the testator, Exception: by repairs, taxes on the capital he
or by law, i.e. advanced, and damages caused to
prescription implied new him.
lease i. To remove improvements made by
As a rule, him if the same will not injure the
Lease
usufruct covers property
generally
Extent of all the fruits and
refers to uses
Enjoyment all the uses and
only,i.e. those 2. As to the usufruct itself:
benefits of the
entire property.
stipulated a. To mortgage the right of usufruct
except parental usufruct
Involves a more Lease b. To alienate the usufruct
or less passive involves a
c. To bring action and oblige owner
owner who more active
allows the owner or thereof to give him proper authority
Cause and necessary proof in a usufruct to
usufructuary to lessor who
enjoy the object makes the recover property or a real right
given in lessee to
usufruct enjoy 3. At the expiration of the usufruct:
Lessee is not a. To collect reimbursement from the
Usufructuary generally owner:
pays for under i. For indispensable extraordinary
Repairs and
Taxes
ordinary repairs obligation to repairs made by the usufructuary
and taxes on undertake ii. For taxes on the capital advanced
the fruits repairs or pay by the usufructuary
taxes iii. For damages caused by the
usufructuary
SPECIAL USUFRUCTS: b. To retain the thing until reimbursement
1. Of pension or income (Art. 570) is made
2. Of property owned in common (Art. 582) c. To remove improvements made by
3. Of cattle (livestock) (Art. 591) him, but without injuring the property
4. On vineyards and woodlands (Art. 575–
576) 4. Other Rights:
5. On a right of action (Art. 578) a. Right to make use of the land and
6. On mortgaged property (Art. 600) materials, when building forming part
7. Over the entire patrimony (Art. 598) of the usufruct on immovable has
8. Over things which gradually deteriorate been destroyed in any manner (Same
(Art. 573) rule if Usufruct is constituted on
9. Of consumable property (Art. 574) building only)
b. If usufructuary shares in insurance of
RIGHTS OF THE USUFRUCTUARY tenement in usufruct, and it was lost,
1. As to the thing and its fruits: he shall continue in enjoyment of the
a. To receive and benefit from the fruits new one if one be constructed OR
b. To enjoy any increase through receive interest on the insurance
accessions and servitudes indemnity.
c. To the half of the hidden treasure he
accidentally finds  In a usufruct, only the jus utendi and jus
fruendi over the property are transferred to

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the usufructuary. The owner of the
property maintains the jus disponendi or
the power to alienate, encumber,
transform, and even destroy the same
(Hemedes vs. CA, GR No. 107132,
October 8, 1999).
 Under the Massachusetts Rule, a stock
dividend is considered part of the capital
and belongs to the remainderman; while
under the Pennsylvania Rule, all earnings
of a corporation, when declared as
dividends in whatever form, made during
the lifetime of the usufructuary, belong to
the latter. The Pennsylvania Rule is more
in accord with our laws than the
Massachusetts Rule (Bachrach vs. Seifert
and Elianoff, GR No. L-2659, October 12,
1950).
 Corollary to the right to all the rents, to
choose the tenant, and to fix the amount of
the rents, a usufructuary of the rents has
the right to choose himself as the tenant,
provided that the obligations he has
assumed towards the owner of the
property are fulfilled (Fabie vs. Gutierrez
David, GR No. L-123, December 12,
1945).
OBLIGATIONS OF THE USUFRUCTUARY
A. Before exercising the usufruct:
1. To make an inventory of the property
2. To give a bond, EXCEPT
a. When no prejudice would result
b. When the usufruct is reserved by
the donor or parents
c. In cases of caucion juratoria
where the usufructuary, being
unable to file the required bond or
security, files a verified petition in
the proper court asking for the
delivery of the house and furniture
necessary for himself and his
family without any bond or
security.
i. Takes an oath to take care of
the things and restore them
ii. Property cannot be alienated
or leased because this would
mean that the usufructuary
does not need it
Effects of failure to post bond:
a. Owner shall have the following
options:
i. receivership of realty, sale of
movables, deposit of securities, or
investment of money; OR
ii. retention of the property as
administrator
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b. The net product shall be delivered to
the usufructuary
c. Usufructuary cannot collect credits
due or make investments of the capital
without the consent of the owner or of
the court until the bond is given
B. During the usufruct:
1. To take care of the property
2. To replace with the young thereof
animals that die or are lost in certain
cases when the usufruct is constituted
on flock or herd of livestock
3. To make ordinary repairs
4. To notify the owner of urgent extra–
ordinary repairs
5. To permit works and improvements by
the naked owner not prejudicial to the
usufruct
6. To pay annual taxes and charges on
the fruits
7. To pay interest on taxes on capital
paid by the naked owner
8. To pay debts when the usufruct is
constituted on the whole patrimony
9. To secure the naked owner’s or
court’s approval to collect credits in
certain cases
10. To notify the owner of any prejudicial
act committed by third persons
11. To pay for court expenses and costs
regarding usufruct
C. At the termination of the usufruct:
1. To return the thing in usufruct to the
owner unless there is a right of
retention
2. To pay legal interest on the amount
spent by the owner for extraordinary
repairs or taxes on the capital
3. To indemnify the owner for any losses
due to his negligence or of his
transferees
RIGHTS OF THE OWNER DURING THE
USUFRUCT:
1. He retains title
2. He may alienate the property, but he may
not:
a. Alter the form or substance of the
thing
b. Do anything prejudicial to the
usufructuary
3. He may construct buildings, make
improvements and plantings, provided:
a. The value of the usufruct is not
impaired
b. The rights of the usufructuary are not
prejudiced
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OBLIGATIONS OF THE OWNER AT THE
EXPIRATION OF THE USUFRUCT:
1. To make reimbursement for advances of
the usufructuary
2. To cancel the bond, upon discharge of the
usufructuary’s obligations
3. To respect leases of rural lands by the
usufructuary for the balance of the
agricultural year
EXTINGUISHMENT OF USUFRUCT:
PT2DERM (Art. 603)
1. Prescription
2. Termination of right of the person
constituting the usufruct
3. Total loss of the thing
4. Death of the usufructuary, unless contrary
intention appears
5. Expiration of the period or fulfillment of the
resolutory condition
6. Renunciation of the usufructuary
7. Merger of the usufruct and ownership in
the same person
 The owner of the property imposed as
condition for the continuation of the usufruct
over the property by his kins that they should
maintain an atmosphere of cooperation, live
in harmony and avoid bickering. There was
a continuing animosity among the kins,
hence, it is a ground for termination of the
usufruct. The deterioration of the relations of
the kins to an almost irretrievable level is a
good reason for the termination of the
usufruct. (Moralidad v. Pernes GR No.
152809, August 3, 2006)
 Thing lost in part, right on the remaining part
continues (Art. 604).
 Usufruct cannot be constituted in favor of
town, corporation or association for more
than 50 years (Art. 605).
 Usufruct with duration dependent on the
time that may elapse before a third person
attains a certain age (expires when that
person attains that age) subsists even if
such person dies before the period expires
unless such usufruct is expressly granted
only in consideration of the existence of
such person (Art. 606).
 Usufruct in favor of several persons not
extinguished until death of last survivor (Art.
611).
EASEMENT OR SERVITUDE
Encumbrance imposed upon an immovable for
the benefit of a community or one or more
persons or for the benefit of another
immovable belonging to a different owner.
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Easement and Servitude Distinguished
Easement Servitude
Origin
English law Roman law
Recipient of Benefit
Always real May be real or
personal (broader)
CHARACTERISTICS:
1. It is a real right but will affect third persons
only when duly registered.
2. It is enjoyed over another immovable,
never on one’s own property.
3. It involves two neighboring estates (in
case of real easements).
4. It is inseparable from the estate to which it
is attached, and, therefore, cannot be
alienated independently of the estate.
5. It is indivisible for it is not affected by the
division of the estate between two or more
persons. The mere fact that the property
was subdivided does not extinguish the
easement as per Article 618.
6. It is a right limited by the needs of the
dominant owner or estate, without
possession.
7. It cannot consist in the doing of an act
unless the act is accessory in relation to a
real easement.
8. It is a limitation on the servient owner’s
rights of ownership for the benefit of the
dominant owner; and, therefore, it is not
presumed.
It is an abnormal restriction on the
property rights of the servient owner. Thus
it is incumbent upon the dominant estate
owner to establish the presence of all the
preconditions for easement (Cristobal v.
CA, GR No. 125339, June 22, 1998).
CLASSIFICATION:
1. As to recipient of benefit:
a. Real/Predial – when the easement is
in favor of another immovable
b. Personal – when it is in favor of a
community or of one or more persons
i. Public – if it is vested in the public
at large or in some class of
indeterminate individuals
ii. Private – if it is vested in a
determinate individual or certain
persons
2. As to its source:
a. Voluntary – when the easement is
established by the will or agreement of
the parties or by a testator
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b. Legal – when it is imposed by law MODES OF ACQUISITION: (PDFAT)

either for public use or in the interest 1. By prescription of 10 years (continuous
of private persons and apparent easements)
c. Mixed – when it is created partly by a. Positive servitude - counted from the
will or agreement and partly by law day their exercise commences.
3. As to its exercise: b. Negative servitude - counted from the
a. Continuous Easements – those the formal prohibition to the servient
use of which is, or may be, incessant owner to do any act opposed to the
without the intervention of any act of servitude (Art. 621). There must be a
man notarized document.
b. Discontinuous Easements – those 2. By deed of recognition
which are used at intervals and 3. By final judgment
depend upon the acts of man 4. By apparent sign established by the owner
4. As to the indication of their existence: of two adjoining estates, unless:
a. Apparent Easements – those which a. There are contrary stipulations or
are made known and are continually b. The sign is effaced
kept in view by external signs that 5. By title
reveal the use and enjoyment of the
same Dominant Owner – The owner of the
b. Non–apparent Easements – those immovable in favor of which the easement is
which show no external indication of established.
their existence
5. As to duty of servient owner Rights:
a. Positive – the servient owner must 1. To exercise all the rights necessary for the
allow something to be done in his use of the easement
property or do it himself; also called 2. To make on the servient estate all the
“servitudes of intrusion and or/service” works necessary for the use and
b. Negative – the servient owner must preservation of the servitude
refrain from doing something which he 3. To renounce the easement if he desires to
could lawfully do if the easement did exempt himself from contribution to
not exist necessary expenses
4. To ask for mandatory injunction to prevent
Easement and Lease Distinguished impairment of his use of the easement
Easement Lease
Real right, whether Real right only when it Obligations:
registered or not is registered, or when 1. Cannot render the easement or render it
its subject matter is more burdensome
real property and the
2. Notify the servient owner of works
duration exceeds one
year necessary for the use and preservation of
Imposed only on real May involve either real the servitude
property or personal property 3. Choose the most convenient time and
There is a limited right Limited right to both manner in making the necessary works as
to the use of real the possession and to cause the least inconvenience to the
property of another but use of another’s servient owner
without the right of property 4. Contribute to the necessary expenses if
possession there are several dominant estates
Easement and Usufruct Distinguished Servient Owner – The owner of the
Easement Usufruct immovable whose property is subject to
Imposed only on real May involve either real
easement for the benefit of the dominant
property or personal property
Limited to particular or Includes all the uses owner.
specific use of the and the fruits of the
servient estate property Rights:
A non–possessory Involves a right of 1. To retain ownership and possession of the
right over an possession in an servient estate
immovable immovable or movable 2. To make use of the easement, unless
Not extinguished by Extinguished by the there is agreement to the contrary
the death of the death of the 3. To change the place or manner of the
dominant owner usufructuary easement, provided it be equally
convenient

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Obligations:
1. Cannot impair the use of the easement
2. Contribute to the necessary expenses in
case he uses the easement, unless there
is an agreement to the contrary
EXTINGUISHMENT OF EASEMENTS
(REMAIN BREW)
1. Redemption agreed upon
2. Expiration of the term or fulfillment of the
resolutory condition
3. Merger of ownership of the dominant and
servient estate
4. Annulment of the title to the servitude
5. Permanent impossibility to use the
easement
6. Non–user for 10 years
a. Discontinuous: counted from the day
they ceased to be used
b. Continuous: counted from the day an
act adverse to the exercise takes
place
7. Bad condition – when either or both
estates fall into such a condition that the
easement could not be used
8. Resolution of the right to create the
servitude, (i.e. in case of pacto de retro,
when the property is redeemed)
9. Expropriation of the servient estate
10. Waiver by the dominant owner
 The sale of the dominant estate does not
extinguish the easement. There must be
a statement abolishing or extinguishing it.
Hence, the use of the servient estate is
continued by operation of law. (Tanedo
vs. Hon. Bernad, G.R. No. 66520, August
30, 1988)
LEGAL EASEMENTS
Kinds of Legal Easements:
1. Public legal easements – those for public
or communal use, governed primarily by
special laws and by the Civil Code
2. Private legal easements – those for the
interest of private persons or for private
use; governing law:
a. Primarily by the agreement of the
interested parties;
b. In the absence thereof, by the
provisions of general or local laws and
ordinances; and
c. In default of (a) and (b), by the Civil
Code
A. Easement Relating To Waters (Art. 637):
Lower estates must receive waters which
are naturally and without intervention of
man descend from higher estates
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including earth or stones carried with them
(Art. 637)
Limitations:
1. Dominant owner must not increase the
burden but he may erect works to
avoid erosion.
2. The servient owner must not impede
the descent of the water (but may
regulate it).
B. Easement On Riparian Property (Art.
638)
C. Easement On Dam Or Weir (Art. 639)
D. Easement For Watering Cattle (Art.
640): This is a combined easement for
drawing of water and right of way
Requisites:
a. must be imposed for reasons of public
use
b. must be in favor of a town or village
c. indemnity must be paid
E. Easement of Aqueduct (Arts. 643–646)
 From a forced easement, by virtue of
which the owner of an estate who
desires to avail himself of water for the
use of said estate may make such
waters pass through the intermediate
estate with the obligation of
indemnifying the owner of the same
and also the owner of the estate to
which the water may filter or flow
Requisites:
1. Dominant owner must prove that he
has the capacity to dispose of the
water
2. That the water is sufficient for the
intended use
3. That the course is most convenient,
and least onerous to the 3rd person
4. Payment of indemnity
F. Easement for the Construction of a
Stop Lock or Sluice Gate (Art. 647)
G. Easement of Right of Way (Arts. 649–
657): The right granted to the owner of an
estate which is surrounded by other
estates belonging to other persons and
without an adequate outlet to a public
highway to demand that he be allowed a
passageway throughout such neighboring
estates after payment of proper indemnity.
 San Beda College of Law
Property

Requisites: coupled with tender of indemnity by

1. Claimant must be the owner of the the servient owner.
enclosed immovable or one with real  Easement of right of way cannot be
right; acquired by prescription because it is
2. The dominant estate is surrounded by discontinuous/intermittent (Ronquillo,
other immovables and there must be et al. vs. Roco GR No. L-10619,
no adequate outlet to a public February 28, 1958).
highway;  The easement of right of way is
3. Right of way must be absolutely discontinuous because it is exercised
necessary; only if a person passes or sets foot on
4. Isolation must not be due to the somebody else’s land. The presence
claimant’s own act; of more or less permanent railroad
5. Easement must be established at the tracks does not change this. It is not
point least prejudicial to the servient the presence of apparent signs or
estate; and insofar as consistent with physical indications showing the
this rule, where the distance from the existence of an easement, but rather
dominant estate to the public highway the manner of exercise thereof, that
may be the shortest; and categorizes such into continuous or
6. Payment of proper indemnity. discontinuous. (Bogo-Medellin Milling
Co., Inc. v. CA, GR No. 124699, July
 The burden of proving the existence of 31, 2003)
the pre-requisites to validly claim a H. Easement of Party Wall (Arts. 658–666)
compulsory right of way lies on the Party Wall - common wall which separates
owner of the dominant estate 2 estates built by common agreement at
(Costabella Corp. vs. CA, GR No. the dividing line such that it occupies a
80511, Jan. 25, 1991). portion of both estates on equal parts
 The criterion of least prejudice to the
servient estate must prevail over the Party Wall and Co–Ownership
criterion of shortest distance (Quimen Distinguished
vs. CA, GR No. 112331, May 29, Party Wall Co–Ownership
1996). Shares of the co–owners
 It is the needs of the dominant Shares of parties
can be divided and
property which ultimately determine separated physically but
cannot be physically
the width of the passage, and these before such division, a
segregated but they
co–owner cannot point to
needs may vary from time to time can be physically
any definite portion of the
(Encarnacion vs. CA, GR No. 76322, identified
property as belonging to
March 11, 1991). him
 The right of way for cattle should not No limitation as to use None of the co–owners
be more than 10 meters wide unless a of the party wall for may use the community
greater width was a vested right under exclusive benefit of a property for his exclusive
laws prior to the Civil Code of 1889 party benefit
(Art. 657). Owner may free himself
 The true standard for the grant of the from contributing to the
cost of repairs and Partial renunciation is
legal right of easement of right of way construction of a party allowed
is adequacy. If there is already an wall by renouncing all
existing outlet from the dominant his rights thereto
estate to a public highway, even if
convenient, the need to open another Presumptions of Existence (juris
is unjustified. (Constabella Corp. vs. tantum):
CA, G.R. No. 80511, January 25, 1. In adjoining walls of buildings, up to
1991) common elevation
2. In dividing walls of gardens and yards
Special Cause of Extinction: (urban)
1. The opening of a public road, or 3. In dividing fences, walls and live
2. Joining the dominant tenement to hedges of rural tenements
another with exit on a public road 4. In ditches or drains between
tenements
 The extinction is NOT automatic.
There must be a demand for extinction

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Rebuttal of Presumption:
1. Title
2. By contrary proof
3. By signs contrary to the existence of
the servitude (Arts. 660 & 661)
 If the signs are contradictory, they
cancel each other
Rights of Part Owners:
1. To make use of the wall in proportion
to their respective interests, resting
buildings on it or inserting beams up to
one–half of the wall’s thickness
2. To increase the height of the wall
a. At his expense
b. Upon payment of proper indemnity
c. To acquire half interest in any
increase of thickness or height,
paying a proportionate share in
the cost of the work and of the
land covered by the increase
Obligations of Each Part–Owner:
1. To contribute proportionately to the
repair and maintenance unless he
renounces his part–ownership
2. If one part-owner raises the height of
the wall, he must:
a. Bear the cost of maintenance of
the additions
b. Bear the increased expenses of
preservation
c. Bear the cost of construction
d. Give additional land, if necessary,
to thicken the wall
I. Easement of Light and View (Arts. 667–
673)
1. Easement of Light (jus luminum) –
right to admit light from the
neighboring estate by virtue of the
opening of a window or the making of
certain openings.
Requisites:
a. Opening must not be greater than
30 centimeters square, made on
the ceiling or on the wall; and
b. There must be an iron grating
2. Easement of view (jus prospectus)
– the right to make openings or
windows, to enjoy the view through
the estate of another and the power to
prevent all constructions or work
which would obstruct such view or
make the same difficult. It necessarily
includes easement of light.
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Restrictions on openings in one’s own
wall when contiguous (less than 2m) to
another’s tenement:
1. It cannot exceed 30cm each side
2. Openings must be at the height of the
joists, near the ceiling (Choco vs.
Santamaria, GR No. 6076, December
29, 1911).
3. The abutting owner may:
a. Close the openings if the wall
becomes a party wall
b. Block the light by building or
erecting his own wall unless a
servitude is acquired by title or
prescription
c. Ask for the reduction of the
opening to the proper size
Restrictions as to views:
1. Direct views: the distance of 2m
between the wall and the boundary
must be observed
2. Oblique views: (walls perpendicular or
at an angle to the boundary line) must
not be less than 60cm from the
boundary line to the nearest edge of
the window
 Any stipulation permitting lesser
distances is void (Art. 673).
Modes of Acquisition
1. By title
2. By prescription
a. Positive – counted from the time
of the opening of the window, if it
is through a party wall
b. Negative – counted from the
formal prohibition on the servient
owner.
 Mere non–observance of distances
prescribed by Art. 670 without formal
prohibition, does not give rise to
prescription.
J. Drainage of Buildings (Arts. 674–676)
1. Easement of drainage of buildings –
the right to divert or empty the rain
waters from one’s own roof or shed to
the neighbor’s estate either drop by
drop or through conduits
2. Easement to receive falling rain
waters – deals not with legal
easement but with a voluntary
easement to receive rain water falling
from the roof of an adjoining building
3. Easement giving outlet to rain water
where house surrounded by other
houses
 San Beda College of Law
Property
Requisites:
a. there must be no adequate outlet
to the rain water because the yard
or court of a house is surrounded
by other houses
b. the outlet to the water must be at
the point where egress is easiest
and establishing a conduit for
drainage
c. there must be payment of proper
indemnity
K. Intermediate Distances And Works For
Certain Constructions And Plantings
(Arts. 677–681)
1. Constructions: wells, sewers, etc.
a. Distance is fixed by ordinances or
custom must be observed
b. Protective structures prescribed
by ordinances or custom must be
erected; if none, precautions must
be taken to avoid damage to
neighboring estates
c. Violation causes responsibility for
damages caused
2. Plantings:
a. Distances as prescribed by
ordinances or customs must be
observed. If none:
i. For large trees: at least 2m
from boundary
ii. For shrubs: at least 50cm from
the center of the tree
b. Intrusions;
i. Of branches: the owner of the
tree may be compelled to cut
intruding branches at the
boundary
ii. Of roots: the owner of the
invaded tenement may cut
them himself at the boundary
iii. Fruits falling naturally belong
to the owner of the land
L. Easement Against Nuisance (Arts. 682-
683)
M. Lateral and Subjacent Support (Arts.
684-687)
Lateral support – when the supported
and supporting lands are divided by a
vertical plane
Subjacent support – when the supported
land is above and the supporting land is
beneath
 There exists a doubt as to whether
easements against nuisance and
lateral and subjacent support may be
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categorized as legal easements
(Reyes- Puno. pp.188–189).
 The duty of an adjacent owner making
excavations upon his land not to
deprive any adjacent land of sufficient
lateral or subjacent support is an
absolute one. It does not depend upon
the degree of care and precaution
made by the proprietor in making the
excavation or building in his land (De
Jesus, et al vs. Howmart Corp. et al,
GR No. 44191-R, August 28, 1974).
VOLUNTARY EASEMENTS (Arts. 688-693)
Constituted by the will of the parties or of a
testator.
 The opening of an adequate outlet to a
highway can extinguish only legal or
compulsory easements, not voluntary
easements. The fact that an easement by
grant may have also qualified as an
easement by necessity does not detract
from its permanency as a property right,
which survives the termination of the
necessity. A voluntary easement could be
extinguished only by mutual agreement or
by renunciation of the owner of the
dominant estate (Unisource Commercial &
Dev. Corp v. Chung et al.GR No. 173252,
July 17, 2009)
 It is generally effective between the
parties, their heirs and assigns, except in
case where the rights and obligations
under the contract are not transmissible by
their nature.
 The owner possessing capacity to
encumber property may constitute a
voluntary servitude. If there are various
owners, ALL must consent; but consent
once given is not revocable.
Rules governing voluntary easements:
1. If created by title, such as contract or will,
then by such title
2. If created by prescription, by the form and
manner of possession of the easement
3. In default of any of the above, by the
provisions of the Civil Code on easements
Voluntary easements are established in
favor of:
1. Predial servitudes:
a. For the owner of the dominant estate
b. For any other person having any
juridical relation with the dominant
estate, if the owner ratifies it
2. Personal servitudes: for anyone
capacitated to accept
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NUISANCE likely to attract children in play and who fails to

exercise ordinary care to prevent children from
playing therewith or resorting thereto is liable
Any act, omission, establishment, business or to a child of tender years who is injured
condition of property or anything else which: thereby, even if the child is technically a
(ISAHO) trespasser in the premises.
1. Injures/endangers the health or safety of
others;  A swimming pool or water tank is not an
2. Shocks, defies or disregards decency or attractive nuisance (Hidalgo Enterprises
morality; vs. Balandan GR No. L-3422, June 13,
3. Annoys or offends the senses; 1952).
4. Hinders or impairs the use of property; or
5. Obstructs or interferes with the free REMEDIES AGAINST PUBLIC NUISANCE:
passage to any public highway or street, (PCE)
or body of water. 1. Prosecution under the RPC or local
ordinance
Negligence and Nuisance Distinguished 2. Civil Action
Negligence Nuisance 3. Extrajudicial Abatement
Basis
REMEDIES AGAINST PRIVATE NUISANCE:
Liability attaches
Liability is based on lack (CE)
regardless of the degree
of proper care or 1. Civil Action
of care or skill exercised
diligence 2. Extrajudicial Abatement
to avoid injury

Condition of the act Note: The action to abate a public/private

There is continuing harm nuisance is NOT extinguished by prescription.
Act complained of is being suffered by the
already done which aggrieved party by the EXTRAJUDICIAL ABATEMENT
caused injury to the maintenance of the act
plaintiff or thing which Requisites:
constitutes the nuisance 1. Nuisance must be specially injurious to the
Abatement person affected;
Abatement is not Abatement w/o judicial 2. No breach of peace or unnecessary injury
available as a remedy. proceedings is allowed must be committed;
The action is for to suppress the
damages. nuisance
3. Prior demand;
4. Prior demand has been rejected;
5. Approval by district health officer and
CLASSES:
assistance of local police; and
1. Per se – nuisance at all times and under
6. Value of destruction does not exceed
all circumstances regardless of location
P3,000.
and surrounding.
2. Per accidens – nuisance by reason of
circumstances, location, or surroundings. REGISTRY OF PROPERTY
3. Public – affects the community or a
considerable number of persons. Registration – any entry made in a book or
4. Private – affects only a person or a small public registry of deeds
number of persons.
5. Mixed – nuisance may be both public and SYSTEMS OF REGISTRATION:
private in character 1. Former registration systems
a. Spanish Mortgage Law of 1893
NUISANCE VS. TRESPASS b. Torrens System established by the
 In trespass there is entry into another’s Land Registration Act (Act No. 496)
property, this is not necessarily so in c. Sec. 194 - Revised Administrative
nuisance. Code
 In trespass the injury is direct and 2. Present registration system - Property
immediate; in nuisance it is only Registration Decree (PD No. 1529)
consequential.

DOCTRINE OF ATTRACTIVE NUISANCE

One who maintains on his premises
dangerous instrumentalities of a character

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EFFECTS OF REGISTRATION: 1. Real Tradition – actual delivery

1. Operates as constructive notice
2. Does not validate or cure defective
instrument
3. Cannot bind property where it is legally
ineffective
4. Does not vest title
5. Rule of first in time, first in right
THEORY OF MODE AND TITLE
Mode – the actual process of acquisition or
transfer of ownership over a thing in question.
This is the proximate cause of the acquisition.
Title - the juridical justification for the
acquisition or a transfer of ownership or other
real right. This is the remote cause of the
acquisition (Acap vs. CA, GR No. 118114,
December 7, 1995)
Different Modes and Titles of Acquiring
Ownership
Modes of Acquiring Titles of Acquiring
Ownership Ownership
Original Modes
2. Constructive Tradition
a. Traditio Symbolica – parties make use
of a token or symbol to represent the
thing delivered
b. Traditio Longa Manu – by mere
consent of the parties if the thing sold
cannot be transferred to the
possession of the vendee at the time
of the sale
c. Traditio Brevi Manu – when the
vendee already has possession of the
thing sold by virtue of another title
d. Traditio Constitutum Possessorium –
when the vendor continues in
possession of the thing sold not as
owner but in some other capacity
3. Quasi–tradition – exercise of the right of
the grantee with the consent of the grantor
4. Tradicion por ministerio de la ley – delivery
by operation of law
5. Tradition by public instrument – the
execution is equivalent to the delivery of
the thing, object of the contract
OCCUPATION

Occupation Condition of being A mode of acquiring ownership by the seizure

without known owner of corporeal things that have no owner, with
Work which includes Creation, discovery or the intention of acquiring them, and according
Intellectual creation invention to the rules laid down by law.
Derivative Modes
Existence of required REQUISITES:
Law
conditions 1. There must be seizure of a thing;
Tradition Contract of the parties 2. The thing seized must be corporeal
personal property;
Donation Contract of the parties 3. The thing must be susceptible of
appropriation by nature;
Prescription
Possession in the 4. The thing must be without an owner;
concept of owner 5. There must be an intention to appropriate;
Succession Death and
6. Requisites laid down by law must be
Tradition/ Delivery - a mode of acquiring complied with.
ownership as a consequence of certain
contracts by virtue of which the object is SPECIFIC INSTANCES:
placed in the control and possession of the 1. Hunting and fishing
transferee, actually or constructively. 2. Finding of movables which do not have an
owner
Requisites: 3. Finding of abandoned movables
1. Right transmitted should have previously 4. Finding of hidden treasure
existed in the patrimony of the grantor; 5. Catching of swarm of bees that has
2. Transmission should be by just title; escaped from its owner, under certain
3. Grantor and grantee should have intention conditions
and capacity to transmit and acquire; and 6. Catching of domesticated animals that
4. Transmission should be manifested by have escaped from their owners, under
some act which should be physical, certain conditions
symbolical or legal. 7. Catching of pigeons without fraud or
artifice
8. Transfer of fish to another breeding place
Kinds: without fraud or artifice

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1. Donor must have capacity to make the

 A thing is considered abandoned when the donation at the time of the perfection of
spes recuperandi (expectation to recover) the contract
is gone and the animo revertendi (intention 2. He must have donative intent (animus
to have it returned) is finally given up by donandi)
the owner. 3. There must be delivery
 A thing that has been lost or taken by 4. Donee must accept or consent to the
force is not ipso facto converted to res donation
nullius for it to belong to the person who
takes possession of the same without the  Donation is valid even if the person has
necessity of proving the mode of his schizophrenia. A person suffering from
acquisition and it may thus be recovered such sickness is presumed capable of
by the original owner (See Art. 559). Such attending to his property rights. There is
thing cannot be acquired by prescription no total loss of control of his mental
even if extraordinary. facilities (Catalan vs. Basa, G.R. No.
 Land cannot be the object of occupation 159567, July 31, 2007).
because when land is without an owner, it
pertains to the State (Report of Code ESSENTIAL FEATURES/ELEMENTS OF A
Commission). The State need not acquire TRUE DONATION:
abandoned lands by occupation because 1. Alienation of property by the donor during
once the requisites of abandonment had his lifetime, which is accepted
been fulfilled; reversion operates 2. Irrevocability by the donor
automatically (Pineda, 497). 3. Animus Donandi
4. Consequent impoverishment of the donor
Occupation and Possession Distinguished
Occupation Possession CLASSIFICATION:
Merely raises the 1. As to effectivity:
presumption of a. Inter vivos
Mode of acquiring
ownership
ownership when it is b. Mortis causa
exercised in the concept c. Propter nuptias – made by reason of
of owner marriage and before its celebration, in
May be exercised over consideration of the same and in favor
any kind of property
Refers only to corporeal of one or both of the future spouses
whether real or
personal property 2. As to perfection/ extinguishment:
personal, corporeal or
incorporeal a. Pure
Requires that the object b. Conditional
Refer to a property c. With a term
thereof be without an
owned by somebody
owner 3. As to consideration:
Requires that there be
May be had in the
a. Simple – the cause of which is the
an intent to acquire pure liberality of the donor in
concept of mere holder
ownership consideration of the donee’s merits
May not take place b. Remuneratory or compensatory – that
May exist without
without form of
occupation which is given out of gratitude on
possession
account of the services rendered by
Generally of longer
Of short duration the donee to the donor, provided they
duration
By itself cannot lead to May lead to another do not constitute a demandable debt
another form of form which is c. Modal – imposes upon the donee a
acquisition prescription burden which is less than the value of
the thing donated
d. Onerous – imposes upon the done a
DONATION
reciprocal obligation or, to be more
precise, this is the kind of donation
An act of liberality whereby a person disposes made for a valuable consideration, the
gratuitously of a thing or right in favor of cost of which is equal to or more than
another who accepts it (Art. 725) the thing donated (Republic vs. Silim,
GR No. 149487, April 2, 2001)

 A stipulation in the donation that it was

REQUISITES: (CIDA) made for and in consideration of the “love
and affection which the donee inspires in

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the donor, and as an act of liberality and 3. Made to a public officer or his/her spouse,
generosity” is sufficient cause for a descendants or ascendants in
donation (Quilala vs. Alcantara, GR No. consideration of his/her office;
132681, December 3, 2001). 4. Made to the priest who heard the
confession of the donor during the latter’s
Donation Inter Vivos and Donation Mortis last illness, or the minister of the gospel
Causa Distinguished who extended spiritual aid to him during
Donation Inter Vivos Donation Mortis Causa the same period;
Takes effect Takes effect upon the 5. Made to the relatives of such priest, etc.
independently of the death of the donor within the 4th degree, or to the church to
donor’s death which such priest belongs;
Made in contemplation of
6. Made by a ward to the guardian before the
his death without the
Made out of donor’s
intention to lose the thing approval of accounts;
pure generosity 7. Made to an attesting witness to the
or its free disposal in
case of survival execution of donation, if there is any, or to
Title conveyed to the Title conveyed upon the spouse, parents, or children, or
donee before the donor’s death anyone claiming under them.
donor’s death 8. Made to a physician, surgeon, nurse,
Valid if donor survives Void if donor survives health officer or druggist who took care of
donee donee the donor during his/her last illness;
Generally irrevocable Always revocable at 9. Made by individuals, associations or
during donor’s lifetime anytime and for any
corporations not permitted by law to make
except for grounds reason before the
provided by law (Arts. donor’s death donations; and
760, 765) 10. Made by spouses to each other during the
Must comply with the Must comply with the marriage or to persons of whom the other
formalities required by formalities required by spouse is a presumptive heir.
Arts. 748 and 749 of law for the execution of
the Code wills FORMS OF DONATIONS:
Must be accepted by 1. Donations of movable property:
Can only be accepted
the donee during his a. If donation is oral, simultaneous
after the donor’s death
lifetime
delivery of property donated is
Subject to donor’s tax Subject to estate tax
required if the value is P5,000.00 or
less. Acceptance may be oral or
 The title given to a Deed of Donation is written.
NOT the determinative factor which makes b. If donation is in writing, simultaneous
the donation “inter vivos” or “mortis delivery of property donated is not
causa.” Whether a donation is inter vivos required regardless of value.
or mortis causa depends upon the nature Acceptance may be oral or written.
of the disposition made (Reyes vs. c. If the value exceeds P5,000.00, the
Mosqueda, GR No. 45262, July 23, 1990). donation and acceptance must be in
 Art. 729 speak of donations in praesenti writing. Simultaneous delivery of
which take effect during the lifetime of the property donated is not required.
donor but the property shall be delivered 2. Donation of immovable property:
only after the donor’s death. Such a. Must be in a public instrument
donations are inter vivos although the specifying the property donated and
subject matter is not delivered at once, or the burdens assumed by donee,
the delivery is to be made post mortem, regardless of value
which is a simple matter of form and does b. Acceptance must be either:
not change the nature of the act (Vita vs. i. in the same instrument
Montanano GR No. L-50553, February 19, ii. in another public instrument,
1991). notified to the donor in authentic
form, and noted in both deeds
DONATIONS PROHIBITED BY LAW:  Expression of gratitude to the donor
1. Made by persons guilty of adultery or without express acceptance was held a
concubinage at the time of donation (Art. sufficient acceptance (Cuevas vs. Cuevas
739); GR No. L-8327, December 14, 1955).
2. Made between persons found guilty of the
 A donation of immovable to be valid must
same criminal offense in consideration
be in a public instrument. Even if void, it
thereof;
can be the basis of acquisitive prescription
for as long as there is adverse possession

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2010 Centralized Bar Operations
in the concept of an owner (Bautista vs.
Poblete, G.R. No. 141007, September 13,
2005).
LIMITATIONS ON DONATION OF
PROPERTY:
1. Future property cannot be donated.
2. Present property that can be donated:
a. If the donor has forced heirs: he
cannot give or receive by donation
more than what he can give or receive
by will; and
b. If the donor has no forced heirs:
donation may include all present
property provided he reserves in full
ownership or in usufruct:
i. The amount necessary to support
him and those relatives entitled to
support from him
ii. Property sufficient to pay the
donor’s debt contracted prior to
the donation.
3. Donation should not prejudice creditors.
4. Donee must reserve sufficient means for
his support and for his relatives which are
entitled to be supported by him.
EFFECTS OF DONATION:
1. Donee may demand the delivery of the
thing donated
2. Donee is subrogated to the rights of the
donor in the property
3. In donations propter nuptias, the donor
must release the property from
encumbrances, except servitudes
4. Donor’s warranty exists if
a. Expressed
b. Donation is propter nuptias
c. Donation is onerous
d. Donor is in bad faith
5. When the donation is made to several
donees jointly, they are entitled to equal
portions, without accretion, unless the
contrary is stipulated
PAYMENT OF THE DONOR’S DEBT BY THE
DONEE:
1. If there is express stipulation: the donee is
to pay only debts contracted before the
donation, if not otherwise specified; but the
donee answers only up to the value of the
property donated, if no stipulation is made
to the contrary
2. If there is no stipulation: the donee is
answerable for the debts of the donor only
in case of fraud against creditors.
GROUNDS FOR REVOCATION OF
DONATION:
1. Birth, appearance, or adoption of a child
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2. Non-fulfillment of a resolutory condition
3. Ingratitude of the donee
Acts of Ingratitude (Art. 765)
a. If the donee should commit some
offense against the person, the honor
or property of the donor, or of his wife
or children under his parental
authority;
b. He imputes to the donor any criminal
offense, or any act involving moral
turpitude, even though he should
prove it, unless the crime or the act
has been committed against the
donee himself, his wife or children
under his authority; and
c. He unduly refuses him support when
the donee is legally or morally bound
to give support to the donor.
 The action for revocation of a donation
must be filed within 4 years from the birth,
appearance, or adoption of the child. The
action can be renounced and it is
transmissible to the heirs (Roman Catholic
Archbishop of Manila, et al. vs. CA, G.R.
No. 77425, June 30, 1991).
Article I. The action for revocation of an
onerous donation does not prescribe in 4
years. It is governed by the law on contracts, it
prescribes in 10 years (Sec. of Education vs.
Heirs of Rufino Dulay, G.R. No. 164748,
January 27, 2006).
GROUNDS FOR REDUCTION OF
DONATION:
1. Birth, appearance, or adoption of a child
2. Failure of the donor to reserve sufficient
means for support of himself or dependent
relatives
3. Failure of the donor to reserve sufficient
property to pay off his existing debts
4. Inofficiousness, that is, the donation
exceeds that which the donor can give by
will
 If a Deed of Donation expressly provides
for automatic reversion of the property
donated in case of violation of a condition
therein, a judicial declaration revoking the
same is not necessary. The rules on
contracts and the general rules on
prescription (10 years to recover in case of
written contracts) should apply and not the
4 year prescriptive period under Art. 764 of
the Civil Code (Roman Catholic
Archbishop of Manila vs. CA, GR No.
77425, June 19, 1991).
 San Beda College of Law
Property

Can be proven under Should be affirmatively

PRESCRIPTION
the general issue pleaded and proved to
without its being bar the action or claim of
CONCEPT: It is a means of acquiring affirmatively pleaded the adverse party
ownership and other real rights or losing rights
or actions to enforce such rights through the Laches – failure or neglect for an
lapse of time. unreasonable and unexplained length of time,
to do that which, by exercising due diligence,
KINDS: one could or should have done earlier.
1. Acquisitive prescription – one acquires
ownership and other real rights through PERSONS AGAINST WHOM
the lapse of time in the manner and under PRESCRIPTION RUNS:
the conditions laid down by law. 1. Minors and other incapacitated persons
a. Ordinary acquisitive prescription: who have parents, guardians or other legal
requires possession of things in good representatives
faith and with just title for the time 2. Absentees who have administrators
fixed by law 3. Persons living abroad who have managers
b. Extraordinary acquisitive prescription: or administrators
acquisition of ownership and other real 4. Juridical persons, except the State and its
rights without need of title or of good subdivision
faith or any other condition
PERSONS AGAINST WHOM
Requisites: PRESCRIPTION DOES NOT RUN:
a. capacity to acquire by prescription 1. Between husband and wife, even though
b. a thing capable of acquisition by there be separation of property agreed
prescription upon in the marriage settlements or by
c. possession of thing under certain judicial decree.
conditions 2. Between parents and children, during the
d. lapse of time provided by law minority or insanity of the latter
2. Extinctive Prescription – rights and actions 3. Between guardian and ward during the
are lost through the lapse of time in the continuance of the guardianship
manner and under the conditions laid
down by law; also called limitation of PERIOD OF PRESCRIPTION
actions Movables Immovables
Good Faith
Acquisitive and Extinctive Prescription
4 years 10 years
Distinguished
Acquisitive Extinctive Bad Faith
Prescription Prescription 8 years 30 years
Relationship between
the occupant and the
Rules on Computation of Period:
land in terms of One does not look to the
possession is capable of act of the possessor but 1. The present possessor may complete the
producing legal to the neglect of the period necessary for prescription by
consequences; it is the owner tacking his possession to that of his
possessor who is the grantor or predecessor.
actor 2. It is presumed that the present possessor
Requires inaction of the who was also the possessor at a previous
Requires possession by
owner or neglect of one time, has continued to be in possession
a claimant who is not
with a right to bring his during the intervening time, unless there is
the owner
action
proof to the contrary.
Applies to all kinds of
Applicable to ownership
rights, whether real or
3. The first day shall be excluded and the last
and other real rights day included.
personal
Vests ownership or Produces the extinction
other real rights in the of rights or bars a right Rights not extinguished by prescription:
occupant of action 1. To demand a right of way
Results in the
Results in the loss of a
2. To bring an action to abate a public of
acquisition of ownership private nuisance
real or personal right, or
or other real rights in a 3. To demand partition of co-ownership
bars the cause of action
person as well as the
to enforce said right
loss of said ownership
or real rights in another

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2010 Centralized Bar Operations

4. To demand easement of light and view

through observance by servient owner of
distances for direct or oblique view
5. To declare the inexistence of contract or
the nullity of a void judgment
6. To compel a trustee to re-convey property
registered in his name for the benefit of
the cestui que trust
7. To compel reconveyance of land
registered in bad faith provided it has not
yet passed to an innocent purchaser for
value
8. To seek issuance of a writ of possession
9. To probate a will
10. Recovery by the State non-registrable land

Period Of
Actions
Prescription
 Written contract
 Obligation created by law Within 10 yrs.
 Judgment
 Oral contract
Within 6 yrs.
 Quasi-contract
 Injury to the rights of the
plaintiff
 Quasi-delict
 Revoke or reduce donation
based on the birth,
appearance or adoption of a
child Within 4 yrs.
 Revoke donation based on
non-compliance with a
condition
 Annul a contract
 Rescind a rescissible
contract
 Forcible entry and detainer
 For defamation
 Recover possession de
facto
 Revoke a donation on the
ground of ingratitude Within 1 yr.
 Rescind or recover damages
if immovable is sold with
non-apparent burden or
servitude
 Enforce warranty of solvency
in assignment of credits

INTERRUPTION OF PRESCRIPTION OF
ACTIONS:
1. Filing of an action in court;
2. Written extrajudicial demand by the
creditor;
3. Written acknowledgment of the debt by the
debtor.

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