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Property – All things which are, or may be, the object
of appropriation. [NCC 414]
Characteristics (USA)
(1) Utility – capacity to satisfy human wants
(2) Substantivity and Individuality – separate and
autonomous existence
(3) Susceptibility of being appropriated – what cannot
be appropriated because of their distance, depth,
or immensity cannot be considered ‘things’ (i.e.
stars, ocean)
Classification
HIDDEN TREASURE
Hidden treasure –any hidden and unknown deposit of
money jewels or other precious objects, the lawful
ownership of which does not appear. [NCC 439]
Owner of the land, building or other property on
which the hidden treasure was found, also owns it,
subject to:
(1) Right of a finder by chance who is not a
trespasser/intruder: ½ of treasure
(2) Right of a usufructuary who finds treasure: ½ of
treasure
(3) Right of State to acquire things of interest to
science or the arts [NCC 438]
BASED ON MOBILITY – IMMOVABLE OR
MOVABLE
REAL OR IMMOVABLE PROPERTY [NCC 415]
(1) Land, buildings, roads and constructions of all
kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are
attached to the land or form an integral part of
an immovable;
(3) Everything attached to an immovable in a fixed
manner, in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use
or ornamentation, placed in buildings or on lands
by the owner of the immovable in such a manner
that it reveals the intention to attach them
permanently to the tenements;
(5) Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may be
carried on in a building or on a piece of land, and
which tend directly to meet the needs of the said
industry or works;
(6) Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in
case their owner has placed them or preserves
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them with the intention to have them
permanently attached to the land, and forming a
permanent part of it; the animals in these places
are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and waters
either running or stagnant;
(9) Docks and structures which, though floating, are
intended by their nature and object to remain at
a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and
other real rights over immovable property.
Categories of Immovables (NIDA)
(1) By nature
(2) By incorporation
(3) By destination
(4) By analogy
Immovables by Nature: cannot be moved from place
to place; their intrinsic qualities have no utility except
in a fixed place (Par. 1 & 8)
(1) Par. 1
(a) “Building” - their adherence to the land must
be permanent and substantial.
(b) Buildings have been considered as
immovables, despite:
(i) Treatment by the parties e.g. they
constitute a separate mortgage on the
building and the land [Punzalan v.
Lacsamana]
(ii) Separate Ownership i.e. a building on
rented land is still considered an
immovable. [Tolentino]
(2) Par. 8
(a) Mineral Deposits
(i) Minerals still deposited in the soil
(ii) When minerals have been extracted,
they become chattel.
(b) Slag Dump: dirt and soil taken from a mine
and piled upon the surface of the ground.
Inside the dump can be found the minerals.
(c) Waters: those still attached to or running thru
the soil or the ground.
Immovables by Incorporation: are essentially movables
but are attached to an immovable in such a way as
to be an integral part [Par. 2, 3, 4, 6 & 7]
(1) Par. 2
(a) Trees and plants: only immovables when they
are attached to the land or form an integral
part of an immovable
(i) When they have been cut or uprooted,
they become movables.
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(b) By special treatment of Act 1508 (Chattel work in which they are utilized) they
Mortgage Law), growing crops may be subject recover their condition as movables.
of a Chattel Mortgage. (ii) If it is still needed for the industry but
(c) For the purpose of attachment: growing crops separated from the tenement
are to be attached in the same manner as temporarily, the property continues to be
realty. (Rule 59, Sec. 7) immovable.
(b) Requisites for Immovability in Par. 5:
(2) Par. 3 (i) Placed by the owner or the tenant (as
(a) Res vinta in Roman Law agent);
(b) “Attachment in a fixed manner”: breakage or (ii) Adapted to the needs of the industry or
injury in case of separation will be substantial work
e.g. wells, sewers, aqueducts and railways (c) Except: Estoppel
(i) Whether attached by the owner himself (d) Parties may, by agreement, treat as personal
or some other person property that which by nature would be real,
as long as no third parties would be
(3) Par. 7 prejudiced. That characterization is effective
Actually used (it has been spread over the land) between the parties. [Makati Leasing v.
Wearever(1983)]
Immovables by Destination: are essentially movables (e) Effect of Attachment
but by the purpose for which they have been placed (i) Machinery becomes part of the
in an immovable, partake of the nature of an immovable.
immovable [Par. 4, 5, 6 & 9] (ii) The installation of machinery and
(1) Par. 4 equipment in a mortgaged sugar central
(a) Requisites: for the purpose of carrying out the
(i) Placed by the owner or by the tenant (as industrial functions and increasing
agent); production, constitutes a permanent
(ii) With intention of attaching them improvement on said sugar central and
permanently even if adherence will not subjects said machinery and equipment
involve breakage or injury. to the mortgage constituted thereon.
(b) Where the improvement or ornaments placed [Berkenkotter v. Cu Unjieng(1935)]
by the lessee are not to pass to the owner at
the expiration of the lease, they remain (4) Par. 6
movables for chattel mortgage purposes. Requisites:
[Davao Sawmill v. Castillo(1935)] (a) Placed by the owner or the tenant (as agent);
(b) With the intention of permanent attachment;
(2) Par. 3 v. Par. 4 (c) Forming a permanent part of the immovable.
Par. 3 Par. 4
(5) Par. 9:
Cannot be separated Can be separated (a) A floating house tied to a shore and used as a
from immovable from immovable residence is considered real property,
without breaking or without breaking or considering that the waters on which it floats
deterioration deterioration are considered immovables.
Must be placed by (b) But if the floating house makes it a point to
Need not be placed by the owner, or by his journey from place to place, it assumes the
the owner agent, expressed or category of a vessel, and is considered
implied immovable
Real property by
Real property by Immovables by Analogy: Contracts for public works,
incorporation and
incorporation servitudes, other real rights over immovable property
destination
e.g. usufruct and lease of real property for a period of
(3) Par. 5 1 year and registered [Par. 10]
(a) Immovability depends upon their being
destined for use in the industry or work in the Note: Enumeration in Art. 415 not absolute
tenement; (1) Parties may by agreement treat as, but effective
(i) The moment they are separated, (from only as to them.
the immovable or from the industry or

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It is based, partly, upon the principle of estoppel.
[Evangelista vs. Alto Surety(1958)]
(2) For purposes of taxation, improvements on land
are commonly taxed as realty, even though for
some purposes, they might be considered as
personalty.
It is a familiar phenomenon to see things
classified as real property for purposes of
taxation, which on general principle, might be
considered personal property. [Manila Electric v.
Central Bank(1962)]
PERSONAL OR MOVABLE [416 & 417, CC]
(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 as personalty;
(3) Forces of nature which are brought under control
by science; and
(4) In general, all things which can be transported
from place to place without impairment of the
real property to which they are fixed.
(5) Obligations and actions which have for their
object movables or demandable sums; and
(6) Shares of stock of agricultural, commercial and
industrial entities, although they may have real
estate.
Tests to Determine Movable Character
(1) By exclusion
(a) Everything NOT included in Article 415
(b) Parties cannot by agreement treat as
immovable that which is legally movable.
(2) By description
(a) Ability to change location – whether it can be
carried from place to place;
(b) Without substantial injury to the immovable to
which it is attached.
The steel towers built by MERALCO are not buildings
or constructions since they are removable and
merely attached to a square metal frame by means
of bolts, which when unscrewed could easily be
dismantled and moved from place to place, without
breaking the material or causing deterioration to the
object they are attached. [Board of Assessment
Appeals v. Meralco]
(3) By special provision of law
(a) Growing crops under the Chattel Mortgage
Law
(b) Machinery installed by a lessee not acting as
agent of the owner [Davao Sawmill v. Castillo]
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(c) Intellectual property – considered personal
property; it consists in the pecuniary benefit
which the owner can get by the reproduction
or manufacture of his work.
(4) By forces of nature – e.g. electricity, gas, heat,
oxygen
IMPORTANCE AND SIGNIFICANCE OF CLASSIFICATION
UNDER THE CIVIL CODE
(1) In Criminal Law
(a) Usurpation of property can take place only
with respect to real property. [RPC 312]
(b) Robbery and theft can be committed only
against personal property. [RPC 293, 308]
(2) In the Form of Contracts Involving Movables and
Immovables
(a) Subject matter of specific contracts:
(i) Only real property can be the subject of
real mortgage [NCC 2124] and
antichresis [NCC 2132]
(ii) Only personal property can be the
subject of voluntary deposit [NCC 1966],
pledge [NCC 2094] and chattel
mortgage [Act 1508[
(b) Donations of real property are required to be
in a public instrument [NCC 749] but a
donation of a movable may be made orally or
in writing [NCC 748]
(3) For Acquisitive Prescription
(a) Real property can be acquired by prescription
in 30 years (bad faith) and 10 years (good
faith). (NCC 1137, 1134)
(b) Movables can be acquired by prescription in 8
years (bad faith) and 4 years (good faith).
(NCC 1132)
(4) Actions for Recovery of Possession
(a) Possession of real property - recovered
through accion reivindicatoria, accion
publiciana, forcible entry and unlawful detainer.
(b) Possession of movable property - recovered
through replevin.
(5) Venue of actions
(a) Real actions - Actions concerning real property
are commenced in the court which has
jurisdiction over the area where the real
property is situated. [Rules of Court Rule 4 Sec.
1]
(b) Personal actions - Commenced where the
plaintiff or any of the principal plaintiffs, or
where the defendant or any of the principal
defendants resides, or if a non-resident
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defendant, where he may be found, at the
election of the plaintiff. [Rule 4 Sec. 2]
(6) The Governing Law (Private International Law)
(a) Immovables - governed by the law of the
country where they are located
(b) Movables - governed by the personal laws of
the owner (which in some cases is the law of
his nationality and in other cases, the law of
his domicile)
(7) In affecting third persons
(a) In transactions involving real property – must
be recorded in the Registry of Property to
affect third persons
(b) In transactions involving personal property –
registration is not required, except for chattel
mortgages [Chattel Mortgage Register, NCC
2140]
BASED ON OWNERSHIP
Either of public dominion or private ownership [NCC
419]
Churches and other consecrated objects are
considered outside the commerce of man; they are
considered neither public nor private property
PUBLIC DOMINION
Property of public dominion is outside the commerce
of man. They cannot be the subject matter of private
contracts, cannot be acquired by prescription and
they are not subject to attachment and execution nor
burdened with a voluntary easement.
Public As defined by NCC 420
Dominion
Public Used in Art XII, Section 2, 1987
Domain Constitution
Public Lands Public Land Act
Characteristics:
(1) Not owned by the State but pertains to it as
territorial sovereign; to hold in trust for the
interest of the community.
(2) Purpose: For public use, and not for use by the
State as a juridical person
(3) Cannot be the subject of appropriation either by
the State or by private persons
Classifications:
Administered by the State: [NCC 420]
(1) Those intended for public use (roads, canals,
rivers, torrents, ports and bridges constructed by
the State, banks, shores, roadsteads, and others
of similar character)
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May be used by everybody, even by strangers or
aliens but nobody can exercise over it the rights of
a private owner
(2) Those intended for some public service
(a) may be used only by authorized persons but
exists for the benefit of all
(b) e.g. fortresses, unleased mines and civil
buildings
(3) Those for the development of the national wealth
Includes natural resources such as minerals, coal,
oil and forest
(4) Patrimonial property
(a) Owned by the State over which it has the
same rights as private individuals in relation
to their own property
(b) Subject to the administrative laws and
regulations on the procedure of exercising
such rights.
(c) E.g. friar lands, escheated properties and
commercial buildings
(d) Purpose:
(i) Enables the State to attain its economic
ends
(ii) Serves as a means for the State’s
subsistence and preservation
(iii) Enables the State to fulfill its primary
mission
(e) Conversion of Property of Public Dominion for
Public Use to Patrimonial Property:
(i) Property of public dominion, when no
longer intended for public use or for
public service, shall form part of the
patrimonial property of the State [NCC
422, Civil Code]
(ii) Requires a Declaration by the
Government (executive or legislative
departments) that it is no longer needed
for public use or service.
Administered by Municipal Corporations: [NCC 424]
(1) Property for public use, in the provinces, cities,
and municipalities, consist of the provincial
roads, city streets, municipal streets, the squares,
fountains, public waters, promenades, and public
works for public service paid for by said provinces,
cities, or municipalities.
(2) Patrimonial property of Municipal Corporations:
(a) The province or municipality, as a juridical
entity, also possesses private property to
answer for its economic necessities.
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(b) Classification of Properties of provinces, cities,
and municipalities [Salas v. Jarencio, (1972)]
(i) Properties acquired with their own funds
in their private or corporate capacity over
which the political subdivision has
ownership and control
(ii) Properties of public dominion held in trust
for the State’s inhabitants are subject to
the control and supervision of the State
(c) A municipal corporation must prove that they
acquired the land with their own corporate
funds
(d) Presumption: that land comes from the State
upon the creation of the municipality. All
lands in the possession of the municipality
Except for those acquired with its private funds,
are deemed to be property of public dominion,
held in trust for the State for the benefit of its
inhabitants.
(e) Congress has paramount power to dispose of
lands of public dominion in a municipality, the
latter being a subdivision only for purposes of
local administration. [Salas v. Jarencio, (1972)]
PRIVATE OWNERSHIP
Can be exercised by the State in its private capacity
or by private persons
Kinds:
(1) Patrimonial property - Property owned by the
State and its political subdivisions in their private
capacity; all property of the State not included in
NCC 420 (on public dominion) [NCC 421-424]
(2) Property belonging to private persons, either
individually or collectively [NCC 425]
(1) Property of private ownership, besides the
patrimonial property of the State, provinces,
cities, and municipalities, consists of all
property belonging to private persons, either
individually or collectively.
(2) Refers to all property belonging to private
persons, natural or juridical, either individually
or collectively (co-owned property)
Determination (two different views):
(1) Determined by how the property was used:
In Province of Zamboanga v. City of Zamboanga
(1968), property was considered patrimonial for
they were not for public use.
(2) Determined by how the property was acquired:
According to Salas v. Jarencio (1972), the absence
of a title deed to any land, showing that it was
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acquired with its private or corporate funds, the
presumption is that such land came from the
State upon the creation of the municipality.
Conversion
Alienable Public Land converted to Private Property
through Prescription – Alienable public land held by a
possessor – personally/through predecessors-in-
interest, openly, continuously and exclusively – for
30 years is CONVERTED to private property by the
mere lapse or completion of the period. The
application for confirmation is mere formality,
because land had already been converted, giving rise
to a registrable title. [Director of Lands v. IAC]
Private Land converted to Property of Public Dominion
through abandonment and reclamation – Through the
gradual encroachment or erosion by the ebb and
flow of the tide, private property may become public
IF the owner appears to have ABANDONED the land,
and permitted it to be totally destroyed so as to
become part of the shore. The land having
disappeared on account of the gradual erosion, and
having remained submerged until they were
reclaimed by the government, they are public land.
[Government v. Cabangis]
BASED ON CONSUMABILITY [NCC 418]
Only applies to movables, determined by nature
CONSUMABLE
(1) Movables which cannot be used in a manner
appropriate to their nature without their being
consumed (e.g. food)
(2) Consumable goods cannot be the subject matter
of a commodatum unless the purpose of the
contract is not the consumption of the object, as
when it is merely for exhibition.
NON-CONSUMABLE
All others not falling under ‘consumable’ e.g. money
in coin
SUSCEPTIBILITY TO SUBSTITUTION
Only applies to movables, determined by the
intention of the parties.
FUNGIBLES
Things which, because of their nature or the will of
the parties, are capable of being substituted by
others of the same kind, not having a distinct
individuality
NON-FUNGIBLES
(1) Things which cannot be substituted for another
(2) If the parties agreed that the same thing be
returned, it is not fungible
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BASED ON THE CONSTITUTION [ARTICLE XII,

SEC 3]
(1) Public Agricultural Land
(2) Mineral Land
(3) Timber Land
(4) National Parks
OTHER CLASSIFICATIONS
BY THEIR PHYSICAL EXISTENCE
(1) Corporeal - All property the existence of which
can be determined by the senses (res qui tangi
possunt)
(2) Incorporeal
(a) Things having abstract existence, created by
man and representing value.
(b) Includes rights over incorporeal things,
credits, and real rights other than ownership
over corporeal things.
BY THEIR AUTONOMY OR DEPENDENCE
(1) Principal - Those to which other things are
considered dependent or subordinated, such as
the land on which a house is built.
(2) Accessory - Those which are dependent upon or
subordinated to the principal. They are destined
to complete, enhance or ornament another
property.
BY SUSCEPTIBILITY TO DETERIORATION
(1) Deteriorable that deteriorate through use or by
time
(2) Non-deteriorable
BY REASON OF THEIR SUSCEPTIBILITY TO DIVISION
(1) Divisible - Those which can be divided physically
or juridically without injury to their nature. E.g.:
piece of land or an inheritance.
(2) Indivisible - Those which cannot be divided
without destroying their nature or rendering
impossible the fulfillment of the juridical relation
of which they are object.
Ownership
DEFINITION
(a) Independent right of exclusive enjoyment and
control of a thing
(b) For the purpose of deriving all advantages
required by the reasonable needs of the
owner/holder of right and promotion of general
welfare
(c) Completely subjected to his will
(d) In everything not prohibited by public law or the
rights of another
RIGHT IN GENERAL
RIGHTS INCLUDED IN OWNERSHIP [NCC 428]
(1) Right to enjoy and dispose of a thing, without
other limitations than those established by law
(2) Right of action against the holder and possessor
of the thing in order to recover it.
BUNDLE OF RIGHTS
(1) Jus Utendi: Right to enjoy and receive what the
property produces
(2) Jus Fruendi: Right to receive fruits
(3) Jus Accessiones: Right to the accessories
(4) Jus Abutendi: Right to consume a thing by use
(5) Jus Disponendi: Right to alienate, encumber,
transform or even destroy the thing owned
(6) Jus Vindicandi: Right to recover possession of
property based on a claim of ownership
(7) Jus Possidendi: Right to possess the property
(Implied from all the other rights)
PROTECTING PROPERTY
BASIC DISTINCTIONS
(1) Real right v. Personal right
Real Rights - Rights that confer upon its holder an
autonomous power to derive directly from a thing
certain economic advantages independently of
whoever the possessor of the thing

BY REASON OF DESIGNATION Personal Rights - Rights of a person to demand

(1) Generic - That which indicates its homogenous from another as a definite passive subject, the
nature, but not the individual such as a horse, fulfillment of a prestation to give, to do or not to
house, dress, without indicating it do
(2) Specific - That which indicates the specie or its
nature and the individual, such as “the white Real Rights Personal Rights
horse of X” Definite active subject Definite active subject
who has a right against (creditor) and a definite
EXISTENCE IN POINT OF TIME ALL persons generally as passive subject (debtor)
(1) Present - Those which exist in actuality, either an indefinite passive
physical or legal, such as, the erected building subject
(2) Future - Those which do not exist in actuality, but Object is generally a Subject matter is
whose existence can reasonably be expected with corporeal thing always an incorporeal
more or less probability, such as ungathered thing
fruits.

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Real Rights Personal Rights
Generally extinguished by Personal right survives
the loss or destruction of the subject matter
the thing over which it is
exercised
It is directed against the It is binding
whole world, giving rise to enforceable only
rd
real actions against 3 against a particular
persons person giving rise to
personal actions
against such debtor
(2) Real action v. Personal action (Rule 4 Sec 1-2)
Real action – actions affecting title to or
possession of real property or any interest therein
Personal action – all other actions
(3) Action in rem v. Action in personam v. Action
quasi in rem
Action in rem – action against a property,
judgment binding against the whole world
Action in personam – action against a specific
person, judgment binding against that particular
person
Action quasi in rem – action against a specific
property with respect to a person
REMEDIES
(1) Self-help [NCC 429-430]
(a) The owner may use such force as may be
reasonably necessary to repel or prevent an
actual or threatened unlawful physical
invasion or usurpation of his property.
(b) Every owner may enclose or fence his land or
tenements by any other means without
detriment to servitudes constituted thereon.
(2) Actions to recover ownership and possession of
real property
RIGHT TO RECOVER POSSESSION
Immovable Property
(1) Accion Reivindicatoria: Recovery of ownership of
real property
(a) Including but not limited to possession
(b) Prescription of Action: 30 years
(2) Accion Publiciana: Recovery of a better right to
possess (de jure)
(a) Judgment as to who has the better right of
possession
(b) Also, actions for ejectment not filed within 1
year must be filed as accion publiciana
(c) Prescription: 10 years
PROPERTY BAR OPERATIONS COMMISSION
Distinction between forcible entry and unlawful
detainer
(1) Forcible Entry: Lawful possessor deprived through
FISTS:
(a) FISTS (Force, Intimidation, Strategy, Threats,
Stealth)
or (b) Prescription: 1 year from dispossession (force,
intimidation, threats) or from knowledge of
dispossession (strategy, stealth)
(2) Unlawful Detainer: Possessor refused to vacate
upon demand by owner
(a) Legal possession (by permission/ tolerance)
becomes unlawful upon failure to vacate
(b) Prescription of action: 1 year from last notice
to vacate
Actions for recovery of possession of movable
property
Replevin
(1) for manual delivery of property
(2) Prescription of Right: 4 years (GF) or 8 years (BF)
Requisites for recovery of property [NCC 434]
(1) Property must be identified
Through a relocation survey and a title properly
identifying boundaries and location
(2) Plaintiff must rely on the strength of his title and
not on weakness of defendant’s title
(a) Right must be founded on positive title and
not on lack or insufficiency of defendant’s
(b) Ei incumbit probatio qui dicit, non qui negat:
He who asserts, not he who denied must
prove
LIMITATIONS ON OWNERSHIP
LIMITATIONS ON THE RIGHTS OF OWNERSHIP PROVIDED
BY LAW
General limitations – taxation, eminent domain,
police power
(1) Police Power: Property taken with no
compensation for general welfare
(a) When any property is condemned or seized by
competent authority in the interest of health,
safety or security, the owner thereof shall not
be entitled to compensation, unless he can
show that such condemnation or seizure is
unjustified. [Art. 436, Civil Code]
(b) Requisites: To justify the exercise of police
power, the following must appear:
(i) The interests of the public generally,
require such interference (as distinguished
from those of a particular class)
(ii) The means are reasonably necessary for
the accomplishment of a purpose, and not
unduly oppressive
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(2) Taxation: Forced contribution to the operation of

government
(3) Eminent Domain: Property taken for public
use/purpose, but subject to due process and
payment of just compensation
Requisites – To justify the exercise of the right of
eminent domain, the following requisites must all
be present:
(a) Private property as the object of the
expropriation;
(b) The property is taken by the State or by
competent authority;
(c) The purpose of the taking is for public use;
(d) The taking must be attended with due
process of law;
(e) There is payment of just compensation
Specific Limitations – imposed by law, sic utere tuo,
nuisance, stat of necessity, easements voluntarily
imposed by owner: servitudes, mortgages imposed
by contract
(1) Legal Servitudes: once requisites are satisfied, the
servient owner may ask the Court to declare the
existence of an easement
(a) Art. 644 & 678: Aqueduct
(b) Art. 679: Planting of trees
(c) Art. 670: Light and View
(d) Art. 649 & 652: Right of Way
(e) Art. 637: Passage of water from upper to
lower tenements
(f) Art. 676: Drainage of buildings
(g) Art. 684-687: Lateral and subjacent support
(3) Act in State of Necessity
The owner of a thing has no right to prohibit the
interference of another with the same, if the
interference is necessary to avert an imminent
danger and the threatened damage, compared to
the damage arising to the owner from the
interference, is much greater. The owner may
demand from the person benefited, indemnity for
the damage to him. (NCC 432)
(4) Nuisance - A nuisance is any act, omission,
establishment, business, condition of property, or
anything else which:
(a) Injures or endangers the health or safety of
others; or
(b) Annoys or offends the senses; or
(c) Shocks, defies or disregards decency or
morality; or
(d) Obstructs or interferes with the free passage
of any public highway or street, or any body of
water; or
(e) Hinders or impairs the use of property. (NCC
694)

(2) Must not injure the rights of a third person

(a) Sic Utere Tuo Ut Alienum Non Laedas
(b) The owner of a thing cannot make use thereof
in such manner as to injure the rights of a
third person. [NCC 431]

Summary of Actions:

Action Venue Summon Prayer Basis Prescription

Forcible Entry/Unlawful Real Action In personam Possession Prior physical 1 year
Detainer possession
Real Action In personam Possession Real right of 10 years
Accion Publiciana
Possession [NCC 555(4)]
Real Action In personam Possession Ownership GF: 10 years
BF: 30 years
[NCC 1137]

Accion Reividicatoria Unless---

Torrens Title --
- Unless
laches

Reconveyance Real Action In personam Title Ownership 10 years

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Action Venue Summon Prayer Basis Prescription

(NCC 1456)
Real Action Quasi-in rem Quieting of Ownership Imprescriptible
Quieting of Title
Title
Personal In personam Possession Ownership GF: 4 years
Replevin
Action BF: 8 years

Accession (3) Lease

(4) Antichresis
Accession – the right by virtue of which the owner of (a) He who receives the fruits has the obligation
a thing becomes the owner of everything which is to pay the expenses made by a third person in
produced thereby, or which is incorporated or their production, gathering, and preservation.
attached thereto, either naturally or artificially. [NCC [NCC 443]
440] (b) Necessary expenses of production, gathering
and preservation must be borne by the
Accessories – things joined to or included with the receiver of the fruits
principal thing for the latter’s embellishment, better
use, or completion. Fruits – all periodical additions to a principal thing
produced by forces inherent to the thing itself
CLASSIFICATION OF ACCESSION
(1) Accession Discreta (fruits) – the right pertaining Kinds of Fruits
to the owner of a thing over everything produced (1) Natural – spontaneous products of soil and the
thereby (by internal forces) young and other products of animals [NCC 442
(1)]
(2) Accession Continua – the right pertaining to the
owner of a thing over everything that is Under the rule partus sequitur ventrem, to the
incorporated or attached thereto either naturally owner of female animals would also belong the
or artificially; by external forces (by external young of such animals although this right is lost
forces) when the owner mixes his cattle with those of
(a) Over Immovables another.
(i) Industrial
(ii) Natural (2) Industrial – produced by lands of any kind
(1) Alluvion through cultivation or labor [NCC 442 (2)]
(2) Avulsion
(3) Change of Course of River Standing trees are not fruits since they are
(4) Formation of Islands considered immovables although they produce
fruits themselves. However, they may be
(b) Over Movables considered as industrial fruits when they are
(i) Conjunction and Adjunction cultivated or exploited to carry on an industry.
(ii) Commixtion and Confusion
(iii) Specification (3) Civil Fruits – easily prorated for under NCC 544
they are deemed to accrue daily and belong to
WITH RESPECT TO IMMOVABLES:
the possessor in good faith in that proportion
Accession Discreta - Right of ownership to the fruits
[NCC 441] Note:
(a) Natural and Industrial Fruits are real property
General Rule: To the owner of the principal belongs while still ungathered
the natural, industrial and civil fruit. (b) Only such as are manifest or born are
considered as natural or industrial fruits
Exception: [PULA]
(1) Possession in good faith Principles Applicable to Accession Discreta
(2) Usufruct (1) Time of Accrual depending on kind:

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UP COLLEGE OF LAW
(a) Annuals: from the time seedlings appear on
the ground
(b) Perennials: from the time fruits actually
appear on the plants
(c) Young of animals: from the time they are in
the womb, although unborn – beginning of
maximum ordinary period of gestation
Fowls: from the time of incubation
(2) A receiver of fruits has the obligation to pay the
expenses incurred by a third person in the
production, gathering and preservation. [NCC
443]
(a) Exception: Receiver does not have to pay if
fruits are recovered before gathering from a
possessor in bad faith, receiver does NOT have
to pay indemnity
(b) But if recovered after fruits have been
gathered, receiver must pay since the fruits
have been separated from immovable, hence
accession principles will not apply
Principles Applicable to Accession Continua
(1) Accession Continua Artificial or Industrial: Building,
planting or sowing on land owned by another
(over immovables)
General Rule: Whatever is built, planted or sown
on the land of another + improvements or repairs
made thereon, belong to the owner of the land
subject to the rules on BPS.
Presumptions:
(a) All works, sowing and planting are presumed
made by the owner
(b) All works are presumed made at the owner’s
expense, unless the contrary is proved
(c) The owner of the principal thing owns the
natural, industrial and civil fruits, except when
the following persons exist:
(i) Possessor in Good Faith
(ii) Usufructuary
(iii) Lessee
(iv) Antichretic creditor
Meaning of bad faith
(a) On the part of the landowner: Whenever the
building, planting or sowing was done with
the knowledge and without opposition on his
part
(b) On the part of owner of materials: Allows the
use of his materials without protest
(c) On the part of the builder, planter and sower:
Knows that he does not have title to the land,
nor the right to build thereon OR no
permission of the owner of the materials to
pay their value
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PROPERTY BAR OPERATIONS COMMISSION
Note:
(a) Bad faith leads to liability for damages and the
loss of the works or the improvement without
reimbursement
(b) Bad faith of one party neutralizes the bad faith
of the other
(2) Accession Continua Natural: Land deposits, etc.
(a) Alluvium: Soil is gradually deposited on banks
adjoining the river
Requisites
(i) Deposit of soil or sediment is gradual
and imperceptible
(ii) As a result of the action of the currents
of the waters of the river
(iii) Land where the accretion takes place is
adjacent to the banks of the rivers
(iv) Deemed to Exist: When the deposit of
the sediment has reached a level higher
than the highest level of the water
during the year
Effect
(i) Land automatically owned by the
riparian owner
(ii) BUT does not automatically become
registered property
Rationale
(i) To offset the owner’s loss from possible
erosion due to the current of the river
(ii) Compensate for the subjection of the
land to encumbrances and legal
easements
(b) Avulsion: A portion of land is segregated from
one estate by the forceful current of a river,
creek or torrent and transferred to another
Requisites
(i) Segregation and transfer of land is
sudden and abrupt
(ii) Caused by the current of the water
(iii) Portion of land transported must be
known and identifiable
OR
(iv) Can also apply to sudden transfer by
other forces of nature such as land
transferred from a mountain slope
because of an earthquake
Effect:
The ownership of the detached property is
retained by the owner subject to removal
within 2 years from the detachment
UP COLLEGE OF LAW PROPERTY BAR OPERATIONS COMMISSION

(d) Formation of Islands

(c) Change Of Course Of River They belong to the State if:
Requisites (i) Formed on the SEAS within the
(i) Change in the natural course of the jurisdiction of the Philippines
waters of the river (ii) Formed on LAKES
(ii) Such change causes the abandonment (iii) Formed on NAVIGABLE or FLOATABLE
of the river beds RIVERS
(1) Capable of affording a channel or
Natural Bed: ground covered by its waters passage for ships and vessels
during ordinary floods. (2) Must be sufficient not only to float
bancas and light boats, but also
Such change is sudden or abrupt bigger watercraft
(3) Deep enough to allow unobstructed
Results: movements of ships and vessels
(i) Owners whose lands are occupied by the (4) TEST: can be used as a highway of
new course automatically become commerce, trade and travel
owners of the old bed, in proportion to
the area they lost They belong to the Owners of the nearest
(ii) Owners of the lands adjoining the old margins or banks if
bed are given the right to acquire the (i) Formed through successive accumulation
same by paying the value of the land of alluvial deposits
(ii) On NON-NAVIGABLE and NON-
Not exceeding the value of the land FLOATABLE RIVERS
invaded by the new bed (the old property (iii) If island is in the middle: divided
of the owner) longitudinally in half.

(iii) The new bed opened by the river on a

private estate shall become of public
dominion

Landowner

Good Faith Bad Faith

Rights of Landowner [NCC 448]: Absolute Duties of Landowner [NCC

(a) Buy (only after payment of indemnity 447]:
under NCC 546 and 548 to BPS) (a) Pay damages
(b) Buy or pay for value
546 and 548 – Necessary, Useful and (c) Allow removal
Good Faith

Ornamental
Builder,
Planter, (b) Sell to BP (unless the value of the land is
Sower considerably more than that of the
[BPS] building or trees)

Remedy: Rent to BP if L does not want to

buy

(c) Rent to S

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Landowner

Good Faith Bad Faith

Absolute Right of Landowner [NCC 449-452]

(a) Get
Bad Faith

(b) Demolish the work of B at the SAME AS

expense of B GF: GF
(c) Removal of PS at the expense of PS
(d) Sell to BP
(e) Rent to the S
(f) Damages

Art. 447

Landowner

Good Faith Bad Faith

Rights of Landowner: [NCC 447] Absolute Duties of Landowner: [NCC

Good Buy unless M can remove without 447]
Material Faith damage (1) Pay damages
Man (2) Buy or pay for value
(3) Allow removal

Bad Absolute Right of Landowner [NCC 447] SAME AS

Faith Get GF: GF

Case 1: Landowner is BPS using material of another

Landowner and BPS Owner of Material
Good faith Good faith
Right to acquire the improvements after paying the (1) Limited right of removal if there would be no injury to
value of materials. work constructed, or without plantings or
constructions being destroyed. [Article 447]
(2) Right to receive payment for value of materials
Bad faith Good faith
Acquire BPS after paying its value and paying indemnity (a) Right to receive payment for value of materials
for damages [Article 447] but subject to OM’s right to (b) Absolute right of removal of the work constructed in
remove any event
(c) Right to be indemnified for damages
Good faith Bad faith
(1) Right to acquire the improvements without paying Lose materials without right to indemnity
indemnity
(2) Right to acquire indemnity for damages if there are
hidden defects known to OM
Bad faith Bad faith
Same as though acted in good faith under Article 453 Same as though acted in good faith under Article 453

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Art. 448
Case 2: BPS builds, plants, or sows on another’s ;and using his own materials
Landowner BPS and Owner of Material
Good faith Good faith
Landowner has option to: BPS has right to retain (right of retention) the land until
(a) Acquire the improvement after paying indemnity the payment of indemnity
which may be the original cost of improvement OR
increase in value of the whole brought about by the NOTE: During this period BPS is not required to pay
improvement rent.
(b) Sell the land to the BP or collect rent from sower
UNLESS value of land is more than the thing built,
planted or sown or BP shall pay rent fixed by parties
or by the court in case of disagreement.

NOTE: Landowner can be forced to choose under pain

of direct contempt or court can choose for him.
Good faith Art. 450 and 451 Bad faith Art. 449
Landowner has right to collect damages in any case and (1) Pay damages to landowner
option to: (2) BPS lose materials without right to indemnity
(a) Acquire improvements without paying indemnity if (3) No right to refuse to buy the land
the improvements are still standing on the land (4) Recover necessary expenses for preservation of land
(b) Sell the land to BP or collect rent from the sower
unless value of the improvements in which case
there will be a forced lease
(c) Order demolition of improvements or restoration of
land to its former condition at the expense of the
BPS
Art. 452
Landowner must pay for necessary expenses for
preservation
Bad faith Art. 454 Good faith
(1) Landowner must indemnify BPS for the BPS has right to :
improvements and pay damages as if he himself did (1) Be indemnified for damages
the BPS (2) Remove all improvements in any event
(2) Landowner has no option to sell the land and cannot
compel BPS to buy the land unless BPS agrees to
Bad faith Art. 453 Bad faith
Same as though acted in bad faith under Article 453 Same as though acted in bad faith under Article 453

Art. 455 Case 3: BPS builds, plants or sows on another’s land with materials owned by third persons
Landowner
Good faith
(a) Right to acquire improvements
and pay indemnity to BPS;
subsidiarily liable to OM
(b) Has option to:
(1) Sell land to BP except if the
value of the land is
considerably more
(2) Rent to sower
Good faith
(1) Right to acquire improvements
and pay indemnity to BPS
(2) Has option to:
(1) Sell land to BP except if the
value of the land is
BPS
Good faith
(1) Right of retention until necessary
and useful expenses are paid
(2)Pay value of materials to OM
Good faith
(1) Right of retention until necessary
and useful expenses are paid.
(2)Keep BPS without indemnity to
OM and collect damages from
him
Owner of Material
Good faith
(1) Collect value of material
primarily from BPS and
subsidiarily liable for landowner
if BPS is insolvent
(2) Limited right of removal
Bad faith
(1) Lose the material without right
to indemnity
(2) Must pay for damages to BPS

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L/O is subsidiarily
liable to M/O when
L/O acquires the Landowner BPS Owner of Material
improvement AND:
considerably more
► Both are in GF. (2) Rent to sower
► L/O is in BF and (3) Without subsidiary liability for
M/O is in GF. cost of materials
Good faith Bad faith Bad faith
(1) Landowner has right to collect Recover necessary expenses for (1) Recover value from BPS (as if
damages in any case and option preservation of land from landowner both are in good faith)
to: unless landowner sells land (2) If BPS acquires improvement,
(1) Acquire improvements w/o remove materials if feasible w/o
paying for indemnity; or Loses right of retention. injury
(2) Demolition or restoration; or (3) No action against landowner but
(3) Sell to BP, or to rent to sower liable to landowner for damages
(2) Pay necessary expenses to BPS
Bad faith Bad faith Bad faith
Same as when all acted in good Same as when all acted in good Same as when all acted in good
faith under Article 453 faith under Article 453 faith under Article 453
Bad faith Good faith Good faith
(1) Acquire improvement after (1) May remove improvements (1) Remove materials if possible
paying indemnity and damages (2)Be indemnified for damages in w/o injury
to BPS unless latter decides to any event (2) Collect value of materials from
remove BPS; subsidiarily from landowner
(2) Subsidiarily liable to OM for
value of materials
Bad faith Bad faith Good faith
(1) Acquire improvements after (a) Right of retention until necessary (a) Collect value of materials
indemnity; subsidiarily liable to expenses are paid primarily from BPS and
OM for value of materials (b)Pay value of materials to OM and subsidiarily from landowner
(2) Has option to: pay him damages (b) Collect damages from BPS
(a) Sell the land to BP except if (c) If BPS acquires improvements,
the value of the land is remove materials in any event
considerably more
(b) Rent to sower
Good faith Bad faith Good faith
(a) Acquire improvement after (1) Right of retention until necessary - Collect value of materials
paying indemnity; subsidiarily expenses are paid primarily from BPS and
(1) Landowner has
right to collect liable to OM (2)Pay value of materials to OM subsidiarily from landowner
damages in any case (b) Landowner has option to: (3) Pay damages to OM - Collect damages from BPS
and option
to: (a) Sell land to BP except if value Loses right of retention. - If BPS acquires improvements,
a) Acquire of land is considerably more Loses right of indemnity. absolute right of removal in any
improvements w/o
paying for indemnity;
(b) Rent to sower Recover necessary expenses. event
or Bad faith Good faith Bad faith
b) Demolition or
restoration; or Acquire improvements and pay (1) Receive indemnity for damages (1) No right to indemnity
c) Sell to BP, or to indemnity and damages to BPS (2)Absolute right of removal of (2) Loses right to material
rent to sower
unless latter decides to remove improvements in any event
(2) Pay necessary materials
expenses to BPS

(3) Subsidiarily liable

to M/O.
WITH RESPECT TO MOVABLE PROPERTY (2) Mixture – the union of material where the
Three Types: components lose their identity
(1) Conjunction or Adjunction - process where 2
movables belonging to different owners are Kinds:
attached to each other to form a single object (a) Commixtion – mixture of solids
(b) Confusion – mixture of liquids and gases

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(3) Specification – transforming/giving of a new form
to another’s material through labor
Adjunction
Requisites
(1) There are 2 movables belonging to 2 different
owners
(2) They are united in such a way that they form a
single object
(3) They are so inseparable that their separation
would impair their nature or result in substantial
injury to either component
Kinds of Adjunction
(1) Inclusion or engraftment – e.g. a diamond is set
on a gold ring
(2) Soldadura or soldering – e.g. when lead is united
or fused to an object made of lead
(a) It is ferruminacion if both the accessory and
principal objects are of the same metal; and
(b) Plumbatura, if they are of different metals
(3) Escritura or writing – e.g. when a person writes on
paper belonging to another;
(4) Pintura or painting – e.g. when a person paints on
canvas belonging to another;
(5) Tejido or weaving – e.g. when threads belonging
to different owners are used in making textile
Ownership of new object formed by adjunction
(1) If union was made in good faith, owner of
principal thing acquires the accessory, with
obligation to indemnify the owner of the
accessory for its value in its uncontroverted state
(2) If union was in bad faith, NCC 470 applies:
(a) Owner of accessory in bad faith loses the thing
incorporated and has the obligation to
indemnify the owner of the principal thing for
damages
(b) If owner of principal is in bad faith, owner of
the accessory has a right to choose between
the owner of principal paying him its value or
that the thing belonging to him be separated,
even though for this purpose it be necessary
to destroy the principal thing; and in both
cases, there shall be indemnity for damages
Test to determine the principal thing
In the order of application, the principal is that:
(1) To which the other has been united as an
ornament or for its use or perfection (“Rule of
importance and purpose”)
(2) Of greater value
(3) Of greater volume
(4) That of greater merits, taking into consideration
all the pertinent legal provisions, as well as the
comparative merits, utility and volume of their
respective things
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PROPERTY BAR OPERATIONS COMMISSION
When separation allowed
(1) Separation without injury
(2) Accessory much more precious
(a) Owner of accessory may demand separation
even though the principal thing may suffer
(b) Owner who caused the union shall bear the
expenses for separation even if he acted in
good faith
(3) Owner of principal in bad faith
Mixture
Kinds of Mixtures:
(1) Commixtion: mixture of solid things
(2) Confusion: mixture of liquid things
Rules:
(1) Mixture by will of the owners
(a) First governed by their stipulations
(b) In the absence of stipulation, each owner
acquires a right or interest in the mixture in
proportion to the value of his material
(2) Mixture caused by an owner in good faith or by
chance
(a) Share of each owner shall be proportional to
the value of the part which belonged to him
(b) If things mixed are exactly the same kind and
quality, divide mixture equally/proportionally
(c) If things mixed are of different kind or quality,
a co-ownership arises
(d) If they can be separated without injury,
owners may demand separation
(e) Expenses borne by owners pro rata
(f) NOTE: Good faith does not necessarily
exclude negligence, which gives rise to
damages
(3) Mixture caused by an owner in bad faith
(a) Actor forfeits the thing belonging to him
(b) Actor also becomes liable for damages
(4) Mixture made with knowledge and without
objection of the other owner
Rights to be determined as though both acted in
good faith
Specification
Definition:
Takes place when the work of a person is done on the
material of another, such material, in consequence of
the work itself, undergoes a transformation
Rules:
(1) Person in good faith
General rule:
UP COLLEGE OF LAW
Worker becomes the owner but must indemnify
owner (who was also in good faith) for the value
of the material
Exception:
If material is more valuable than the new thing,
owner of material may choose:
(a) To take the new thing but must pay for the
work or labor
(b) To demand indemnity for the material
If the owner was in bad faith, maker may
appropriate the new thing without paying the
owner OR require the owner to pay him the value
of the thing or his work, with right to indemnity
(2) Person in bad faith
General rule:
(a) Owner may either appropriate the new thing
to himself without paying the maker OR
(b) Owner may demand value of material plus
damages
Exception:
The first option is not available in case the value
of the work, for artistic or scrientific reasons, is
considerably more than that of the material
(3) Person made use of material with consent and
without objection of owner
Rights shall be determined as though both acted
in good faith
Quieting of Title or Interest in
and Removal or Prevention of
Cloud over Title to or Interest
in Real Property
IN GENERAL
(1) Applicable to real property
(2) Basis: Equity comes to the aid of the plaintiff who
would suffer if the instrument (which appear to
be valid but is in reality void, ineffective, voidable
or unenforceable) was to be enforced.
PURPOSE
(1) To declare:
(a) The invalidity of a claim on a title
(b) The invalidity of an interest in property
(2) To free the plaintiff and all those claiming under
him from any hostile claim on the property.
PROPERTY BAR OPERATIONS COMMISSION
NATURE: QUASI IN REM
(a) A suit against a particular person or persons in
respect to the res and the judgment will apply
only to the property in dispute.
(b) The action to quiet title is characterized as
proceeding quasi in rem. Technically, it are
neither in rem nor in personam. In an action
quasi in rem, an individual is named as defendant.
However, unlike suits in rem, a quasi in rem
judgment is conclusive only between the parties.
[Spouses Portic v. Cristobal]
JUSTIFICATIONS FOR QUIETING OF TITLE
(1) To prevent future or further litigation on the
ownership of the property
(2) To protect the true title and possession
(3) To protect the real interest of both parties
(4) To determine and make known the precise state
of the title for the guidance of all
THE ACTION TO QUIET TITLE DOES NOT APPLY:
(1) To questions involving interpretation of
documents
(2) To mere written or oral assertions of claims
(a) Unless made in a legal proceeding
(b) Or asserting that an instrument or entry in
plaintiff’s favor is not what it purports to be
(3) To boundary disputes
(4) To deeds by strangers to the title unless
purporting to convey the property of the plaintiff
(5) To instruments invalid on their face
(6) Where the validity of the instrument involves a
pure question of law
REQUIREMENT
REQUISITES OF AN ACTION TO QUIET TITLE
(1) There is a CLOUD on title to real property or any
interest to real property.
(2) The plaintiff must have legal or equitable title to,
or interest in the real property.
(3) Plaintiff must return the benefits received from
the defendant.
THERE IS A CLOUD ON TITLE TO REAL PROPERTY OR ANY
INTEREST TO REAL PROPERTY
“Cloud on title” means a semblance of title, either
legal or equitable, or a claim or a right in real
property, appearing in some legal form but which is,
in fact, invalid or which would be inequitable to
enforce.
A cloud exists if:
(1) There is a claim emerging by reason of:
(a) Any instrument e.g. a contract, or any deed of
conveyance, mortgage, assignment, waiver,
etc. covering the property concerned
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(b) Any record, claim, encumbrance e.g. an
attachment, lien, inscription, adverse claim, lis
pendens, on a title
(c) Any proceeding e.g. an extrajudicial partition
of property
(2) The claim should appear valid or effective and
extraneous evidence is needed to prove their
validity or invalidity.
(a) Test: Would the owner of the property in an
action for ejectment brought by the adverse
party be required to offer evidence to defeat a
recovery?
(b) As a general rule, a cloud is not created by
mere verbal or parole assertion of ownership
or an interest in property.
(3) Such instrument, etc. is, in truth and in fact,
invalid, ineffective, voidable, or unenforceable, or
has been extinguished or terminated, or has been
barred by extinctive prescription.
(4) Such instrument, etc. may be prejudicial to the
true owner or possessor.
THE PLAINTIFF MUST HAVE LEGAL OR EQUITABLE TITLE
TO, OR INTEREST IN THE REAL PROPERTY [NCC 477]
(1) Legal title: the party is the registered owner of the
property.
(2) Equitable title: the person has the beneficial
ownership of the property.
PLAINTIFF MUST RETURN THE BENEFITS RECEIVED FROM
THE DEFENDANT [NCC 479]
QUIETING OF TITLE V. REMOVAL OF CLOUD
REQUISITES OF AN ACTION TO PREVENT A CLOUD
(1) Plaintiff has a title to a real property or interest
therein
(2) Defendant is bent on creating a cloud on the title
or interest therein. The danger must not be
merely speculative or imaginary but imminent.
(3) Unless the defendant is restrained or stopped,
the title or interest of the plaintiff will be
prejudiced or adversely affected.
PRESCRIPTION/NON-PRESCRIPTION OF
ACTION
PRESCRIPTION OF ACTION
(1) When plaintiff is in possession of the property –
the action to quiet title does not prescribe.
The rationale for this rule has been aptly stated
thus:
“The owner of real property who is in possession
thereof may wait until his possession is invaded
or his title is attacked before taking steps to
vindicate his right. A person claiming title to real
property, but not in possession thereof, must act
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PROPERTY BAR OPERATIONS COMMISSION
affirmatively and within the time provided by the
statute. Possession is a continuing right as is the
right to defend such possession. So it has been
determined that an owner of real property in
possession has a continuing right to invoke a
court of equity to remove a cloud that is a
continuing menace to his title. Such a menace is
compared to a continuing nuisance or trespass
which is treated as successive nuisances or
trespasses, not barred by statute until continued
without interruption for a length of time sufficient
to affect a change of title as a matter of law."
[Pingol v. CA]
(2) When the plaintiff is not in possession of the
property, the action to quiet title may prescribe.
(a) 10 yrs. – ordinary prescription
(b) 30 yrs. – extraordinary prescription
Co-ownership
DEFINITION:
The form of ownership when the ownership of an
undivided thing or right belongs to different persons.
[NCC 484]
REQUISITES:
(1) Plurality of owners
(2) Object must be an undivided thing or right
(3) Each co-owner’s right must be limited only to his
ideal or abstract share of the physical whole
WHAT GOVERNS CO-OWNERSHIP:
(1) Contracts
(2) Special provisions
(3) Civil Code
CHARACTERISTICS OF CO-OWNERSHIP
(1) There are 2 or more co-owners
(2) There is a single object which is not materially or
physically divided and over which and his ideal
share of the whole
(3) There is no mutual representation by the co-
owners
(4) It exists for the common enjoyment of the co-
owners
(5) It has no distinct legal personality
(6) It is governed first of all by the contract of the
parties; otherwise, by special legal provisions,
and in default of such provisions, by the
provisions of Title III on Co-ownership
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THERE ARE IDEAL SHARES DEFINED BUT NOT PHYSICALLY
IDENTIFIED [NCC 485]
(1) The share of the co-owners, in the benefits as
well as in the charges, shall be proportional to
their respective interests.
(2) Any stipulation in a contract to the contrary shall
be void.
(3) The portions belonging to the co-owners in the
co-ownership shall be presumed equal, unless
the contrary is proved
Each co-owner has absolute control over his ideal
share
Every co-owner has absolute ownership of his
undivided interest in the co-owned property and is
free to alienate, assign or mortgage his interest
except as to purely personal rights. While a co-
owner has the right to freely sell and dispose of his
undivided interest, nevertheless, as a co-owner, he
cannot alienate the shares of his other co-owners –
nemo dat qui non habet. [Acabal v. Acabal]
Mutual respect among co-owners with regard to use,
enjoyment, and preservation of the things as a whole
(1) The property or thing held pro-indiviso is
impressed with a fiduciary character: each co-
owner becomes a trustee for the benefit of his co-
owners and he may not do any act prejudicial to
the interest of his co-owners.
(2) Until a judicial division is made, the respective
part of each holder cannot be determined. The
effects of this would be:
(a) Each co-owner exercises, together with the
others, joint ownership over the pro indiviso
property, in addition to his use and enjoyment
of the same
(b) Each co-owner may enjoy the whole property
and use it.
Only limitation: a co-owner cannot use or enjoy
the property in a manner that shall injure the
interest of his other co-owners. [Pardell v.
Bartolome]
SOURCES OF CO-OWNERSHIP
Law, contract, succession, testamentary disposition
or donation inter vivos, fortuitous event or chance,
and by occupancy
LAW
(1) Cohabitation: co-ownership between common
law spouses
The Family Code, in the following provisions,
made the rules on co-ownership apply
(a) Article 147: between a man and a woman
capacitated to marry each other
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(b) Article 148: between a man and a woman not
capacitated to marry each other
(c) Article 90: if matter is not provided in the FC
Chapter on ACP, then rules on co-ownership
will apply
(2) Purchase creating implied trust: co-ownership
between persons who agree to purchase property
If two or more persons agree to purchase
property and by common consent the legal title is
taken in the name of one of them for the benefit
of all, a trust is created by force of law in favor of
the others in proportion to the interest of each
[NCC 1452]
(3) Easement of Party Wall: co-ownership of part-
owners of a party wall (NCC 658)
(4) Condominium Law: co-ownership of the common
areas by holders of units
Sec. 6, RA 4726. The Condominium Act. Unless
otherwise expressly provided in the enabling or
master deed or the declaration of restrictions, the
incidents of a condominium grant are as follows:
(a) Unless otherwise, provided, the common
areas are held in common by the holders of
units, in equal shares, one for each unit.
CONTRACTS
By Agreement of Two or More Persons
Article 494, Civil Code. No co-owner shall be obliged
to remain in the co-ownership. Each co-owner may
demand at any time the partition of the thing owned
in common, insofar as his share is concerned.
Nevertheless, an agreement to keep the thing
undivided for a certain period of time, not exceeding
ten years, shall be valid. This term may be extended
by a new agreement.
A donor or testator may prohibit partition for a
period which shall not exceed twenty years.
Neither shall there be any partition when it is
prohibited by law.
No prescription shall run in favor of a co-owner or co-
heir against his co-owners or co-heirs so long as he
expressly or impliedly recognizes the co-ownership.
(1) Two or more persons may agree to create a co-
ownership
(2) Note: there is a 10-year term limit for ownership
by agreement; BUT: Term may be extended by a
new agreement
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By the creation of a Universal Partnership
Of all present property
NCC 1778. A partnership of all present property is
that in which the partners contribute all the property
which actually belongs to them to a common fund,
with the intention of dividing the same among
themselves, as well as all the profits which they may
acquire therewith.
NCC 1779. In a universal partnership of all present
property, the property which belonged to each of the
partners at the time of the constitution of the
partnership, becomes the common property of all
the partners, as well as all the profits which they may
acquire therewith.
A stipulation for the common enjoyment of any other
profits may also be made; but the property which the
partners may acquire subsequently by inheritance,
legacy, or donation cannot be included in such
stipulation, except the fruits thereof.
SUCCESSION
Intestate succession: co-ownership between the heirs
before partition of the estate
NCC 1078. Where there are two or more heirs, the
whole estate of the decedent is, before its partition,
owned in common by such heirs, subject to the
payment of debts of the deceased.
 For as long as the estate is left undivided the
heirs will be considered co-owners of the
inheritance.
 If one of the heirs dies, his heirs will in turn be co-
owners of the surviving original heirs.
TESTAMENTARY DISPOSITION OR DONATION INTER VIVOS
(1) When a donation is made to several persons
jointly, it is understood to be in equal shares, and
there shall be no right of accretion among them,
unless the donor has otherwise provided [NCC
753]
(2) A donor or testator may prohibit partition for a
period which shall not exceed 20 years.
BY FORTUITOUS EVENT OR BY CHANCE
(1) Co-ownership between owners of 2 things that
are mixed by chance or by will of the owners:
Each owner shall acquire a right proportional to
the part belonging to him, bearing in mind the
value of the things mixed or confused [NCC 472]
(2) Hidden Treasure - co-ownership between finder
and owner of the land [NCC 438]
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PROPERTY BAR OPERATIONS COMMISSION
when the discovery is made on the property of
another, or of the State or any of its subdivisions,
and by chance, one-half shall be allowed to the
finder.
BY OCCUPANCY
Harvesting and Fishing: co-ownership by two or more
persons who have seized a res nullius thing
BY ASSOCIATIONS AND SOCIETIES WITH SECRET ARTICLES
[NCC 1775]
Articles are kept secret among the members and any
one of the members may contract in his own name
with third persons:
(1) governed by the provisions relating to co-
ownership
RIGHT OF CO-OWNERS
RIGHT TO THE SHARE IN THE BENEFITS AS WELL AS
CHARGES [NCC 485]
(1) Proportional to their interests
(2) Stipulation to the contrary is void
(3) Portions belonging to the co-owners is presumed
equal
RIGHT TO USE THE THING OWNED IN COMMON [NCC 486]
Limitation:
That he use the thing in accordance with the purpose
for which it is intended
That he uses it in such a way as to not injure the
interest of the co-ownership or prevent the other co-
owners from using it
RIGHT TO BRING AN ACTION IN EJECTMENT [NCC 487]
RIGHT TO COMPEL OTHER CO-OWNERS TO CONTRIBUTE TO
THE EXPENSES OF PRESERVATION AND TO THE TAXES
[NCC 488]
(1) Any one of the other co-owners may exempt
himself by renouncing so much of his undivided
interest as may be equivalent to his share of the
expenses and taxes.
(2) No waiver if it is prejudicial to the co-ownership
RIGHT TO REPAIR [NCC 489]
(1) Repairs for preservation may be made at the will
of one of the co-owners but he must first notify
his co-owners
(2) Expenses to improve or embellish, decided upon
by a majority
RIGHT TO OPPOSE ALTERATIONS [NCC 491]
(1) Consent of all the others is needed to make
alterations, even if the alteration benefits all.
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(2) If the withholding of the consent is clearly
prejudicial to the common interest, the courts
may afford relief
(3) Reason for the rule: alteration is an act of
ownership, not of mere administration.
RIGHT TO FULL OWNERSHIP OF HIS PART AND OF THE
FRUITS AND BENEFITS PERTAINING THERETO [NCC 493]
(1) Therefore he may alienate, assign or mortgage it,
and even substitute another person in its
enjoyment
(2) Except: when personal rights are involved.
(3) The effect of the alienation or the mortgage, with
respect to the co-owners, shall be limited to the
portion which may be allotted to him in the
division upon the termination of the co-
ownership
RIGHT TO PARTITION [NCC 494]
(1) Each may demand at any time the partition of the
thing, insofar as his share is concerned
(2) An agreement to keep the thing undivided for a
certain period NOT exceeding 10 years is valid.
(3) Term may be extended by a new agreement
(4) Donor or testator may prohibit partition, period
NOT to exceed 20 years
(5) No partition if prohibited by law
(6) Right does not prescribe
RIGHT TO REDEMPTION [NCC 1619]
(1) May exercise this in case the shares of other co-
owners are sold to a third person
(2) If 2 or more co-owners wish to exercise this right
= in proportion to their share in the thing
Note: Rules on Co-Ownership Not Applicable to CPG
or ACP
(1) These are governed by the Family Code
(2) Even void marriages and cohabitation of
incapacitated persons are governed by FC 50,
147, and 148
RULES:
On Renunciation
(1) Other co-owners may choose not to contribute to
the expenses by renouncing so much of his
undivided interest as may be equivalent to his
share of the necessary expenses and taxes
(2) Must be express; thus, failure to pay is not a
renunciation
(3) Requires the consent of other co-owners because it
is a case of dacion en pago (cessation of rights)
involving expenses and taxes already paid (J.B.L.
Reyes)
(4) Cannot renounce his share if it will be prejudicial
to another co-owner
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Repairs for preservation
(1) First, notify other co-owners, as far as practicable
(2) Co-owner may advance expenses for preservation
even without prior consent; he is entitled to
reimbursement.
Embellishment or improvements
(1) Notify co-owners of improvements and
embellishments to be made
If no notification, co-owner who advanced the
expenses has the right to reimbursement if he
proves the necessity of such repairs and the
reasonableness of the expense
Exception: If proven that had there been a
notification, they could have hired another who
would charge less or that they know of a store
that sells the needed material at a cheaper price
Only entitled to reimbursement for the amount
that should have been spent had he notified the
others, and difference shall be borne by him
alone
(2) Decision by majority must be followed
TERMINATION/EXTINGUISHMENT
TOTAL DESTRUCTION OF THING OR LOSS OF THE
PROPERTY CO-OWNED
Is there still co-ownership if a building is destroyed?—
Yes, over the land and the debris.
MERGER OF ALL INTERESTS IN ONE PERSON
ACQUISITIVE PRESCRIPTION
By whom
(1) A third person [NCC 1106]
(2) A co-owner against the other co-owners
Requisites
(1) Unequivocal acts of repudiation of the rights of
the other co-owners (oust the other co-owners)
(a) Must be shown by clear and convincing
evidence
(b) Must be within the knowledge of the other co-
owners
(c) Must not be a mere refusal to recognize the
others as co-owners
(2) Open and adverse possession - Not mere silent
possession
Note: there is a presumption that possession of a
co-owner is NOT adverse
Prescription only arises and produces all effects
when the acts are clearly meant to oust the rights
of the other co-owners
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PARTITION OR DIVISION
Effect:
(1) Confers exclusive ownership of the property
adjudicated to him
(2) Co-heirs shall be reciprocally bound to warrant
the title to and the quality of each property
adjudicated
(3) Reciprocal obligation of warranty shall be
proportionate to the respective hereditary shares
of co-heirs
(4) An action to enforce warranty must be brought
within 10 years from the date the right accrues
(5) The co-heirs shall not be liable for the
subsequent insolvency of the debtor of the estate
Unless partition is effected, each heir cannot claim
sole ownership over a definite portion of the land.
Heirs become the undivided owner of the whole
estate Until said partition, he cannot alienate a
specific part of the estate. Until then, they can only
sell their successional rights. [Carvaria v. CA]
Rights against individual co-owners in case of
partition [NCC 497]
(1) The creditors are allowed to take part in the
partition.
(2) Reason for the rule: They own part of the interest
of the co-owners who made the assignment or
alienation.
Partition in case co-owners cannot agree (NCC 498)
Procedure for Partition
(1) Governing rule: Rule 69
(2) How: By agreement of parties or by judicial
decree
(3) Form: Oral or Written (Statute of Frauds does not
operate here because it is not a conveyance of
property but a mere segregation or designation of
which parts belong to whom)
(4) Rules of Court do not preclude agreements or
settlements.
Action for Partition:
(1) W/N the plaintiff is indeed a co-owner of the
property
(2) HOW will the property be divided between the
plaintiff and defendant.
Intervention of creditors and assignees:
(1) The law does not expressly require previous
notice to the creditors and assignees before a
partition, but the right of creditors and assignees
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to take part in the division presupposes the duty
to notify.
(2) If notice is not given, the partition will not be
binding on them.
(3) Once notice has been given, it is the duty of
creditors and assignees to intervene and make
known their stand.
(a) If they fail, they cannot question the division
made, except in cases of fraud.
(b) If they formulate a formal question, they can
contest such partition
Possession
DEFINITION [NCC 523]
The holding of a thing or the enjoyment of a right
CONCEPT OF POSSESSION
(1) To possess, in a grammatical sense, means to
have, to physically and actually occupy a thing,
with or without right. (Sanchez Roman)
(2) It is the holding of a thing or a right, whether by
material occupation or by the fact that the thing
or the right is subjected to the action of our will.
(Manresa)
(3) It is an independent right apart from ownership.
Right of Possession Right to possess
(jus possessionis) (jus possidendi)
Independent right Incident to
ownership
(4) Possession includes the idea of occupation. It
cannot exist without it. (Exceptions: NCC 537)
CHARACTERISTICS
ESSENTIAL REQUISITES OF POSSESSION
(1) Corpus possessionis: Holding (actual or
constructive) of a thing or exercise of a right, if
right is involved.
(a) General Rule: Possession and cultivation of a
portion of a tract under claim of ownership of
all is a constructive possession of all, if the
remainder is not in adverse possession of
another. [Ramos v. Director of Lands]
(b) Doctrine of constructive possession applies
when the possession is under title calling for
the whole. It does not apply where possession
is without title.
(2) Animus possidendi: Intention to possess
(a) There is no possession if the holder does not
want to exercise the rights of a possessor.
(b) Implied from the acts of the possessor.
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(c) May be contradicted and rebutted by evidence
– to prove that the person who is in
possession does not in fact exercise power or
control and does not intend to do so.
DEGREES OF POSSESSION
(1) Mere holding or possession without title and in
violation of the right of the owner
(a) e.g. possession of a thief or usurper of land
(b) Here, both the possessor and the public know
that the possession is wrongful.
(2) Possession with juridical title but not that of
ownership
(a) e.g. possession of a tenant, depository agent,
bailee trustee, lessee, antichretic creditor.
(b) This possession is peaceably acquired.
(c) This degree of possession will never ripen into
full ownership as long as there is no
repudiation of concept under which property is
held.
(3) Possession with just title or title sufficient to
transfer ownership, but not from the true owner
(a) e.g. possession of a vendee from a vendor who
pretends to be the owner.
(b) This degree of possession ripens into full
ownership by lapse of time.
(4) Possession with a just title from the true owner
This is possession that springs from ownership.
CASES OF POSSESSION
Possession for Oneself, or Possession Exercised in
One’s Own Name and Possession in the Name of
Another [NCC 524]
(1) In one’s own name – the fact of possession and
the right to such possession is found in the same
person.
(2) In the name of another – the one in actual
possession is without any right of his own, but is
merely an instrument of another in the exercise of
the latter’s possession.
Kinds of possession in the name of another
(a) Necessary – arises by operation of law
e.g. representatives who exercise possession
in behalf of a conceived child, juridical
persons, persons not sui juris and the conjugal
partnership
(b) Voluntary – effected through the mutual
consent of the parties
(i) e.g. agents or administrators appointed
by the owner or possessor.
(ii) Third person may also voluntary exercise
possession in the name of another, but it
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does not become effective unless ratified
by the person in whose name it is
exercised.
Possession in the Concept of an Owner, and
Possession in the Concept of a Holder with the
Ownership Belonging to Another [NCC 525]
(1) Possession in Concept of Holder:
(a) One who possesses as a mere holder, not in
the concept of owner, acknowledges in
another a superior right which he believes to
be ownership, whether his belief be right or
wrong.
(b) e.g. tenant, usufructuary, borrower in
commodatum.
(2) Possession in Concept of Owner:
(a) May be exercised by the owner himself or
one who claims to be so.
(b) When a person claims to be the owner of a
thing, whether he believes so or not, acting as
an owner, and performing acts of ownership,
and he is or may be considered as the owner
by those who witness his exercise of
proprietary rights, then he is in the possession
of an owner. This is the kind of possession
that ripens into ownership under Article 540,
when such possession is public, peaceful and
uninterrupted [see Art. 1118].
Effects of Possession in Concept of an Owner
(1) Converted into ownership by the lapse of time
necessary for prescription
(2) Possessor can bring all actions necessary to
protect his possession, availing himself of any
action which an owner can bring, except
accion reivindicatoria which is substituted by
accion publiciana.
(3) He can ask for the inscription of possession in
the registry of property
(4) Upon recovering possession from one who
has unlawfully deprived him of it, he can
demand fruits and damages
(5) He can do on the thing possessed everything
that the law authorizes an owner to do; he
can exercise the right of pre-emption and is
entitled to the indemnity in case of
appropriation.
Possession in Good Faith and Possession in Bad Faith
[NCC 526]
(1) Possessor in good faith – one who is unaware that
there exists a flaw which invalidates his
acquisition
(a) Good faith – consists in the possessor’s belief
that the person from whom he received a
UP COLLEGE OF LAW
thing was the owner of the same and could
convey his title.
(b) It implies freedom from knowledge and
circumstances which ought to put a person on
inquiry.
(c) The belief of a possessor that he is the owner
of the thing must be based upon the title or
mode of acquisition, such as a sale, a
donation, inheritance or other means of
transmitting ownership; for without this, there
can be no real, well-grounded belief of one’s
ownership.
(d) Error in the application of the law, in the legal
solutions that arise from such application, in
the appreciation of legal consequence of
certain acts, and in the interpretation of
doubtful provisions or doctrines, may properly
serve as basis for good faith.
(e) A misconception of the law, no matter how
honest cannot have the effect of making one a
possessor in good faith when he does not
hold a title valid in form or a deed sufficient in
terms to transfer property.
(2) Possessor in bad faith – one who knows his title is
defective
(a) Only personal knowledge of the flaw in the
title or mode of acquisition can make him a
possessor in bad faith for bad faith is not
transmissible from one person to another.
(b) Mistake upon a doubtful or difficult question
of law as a basis of good faith
(c) Mistake or ignorance of the law, by itself,
cannot become the basis of good faith. What
makes the error or ignorance a basis of good
faith is the presence of an apparent “doubt”
or “difficulty” in the law. In other words, the
law is complex, ambiguous, or vague such
that it is open to two or more interpretations.
(d) When the ignorance of the law is gross and
inexcusable, as when a person of average
intelligence would know the law, such
ignorance cannot be the basis of good faith.
Otherwise, the intendment of Article 3 which
states that, “Ignorance of the law excuses no
one from compliance therewith,” will be
defeated.
What Things May be Possessed [NCC 530]
Only things and rights which are susceptible of being
appropriated may be the object of possession.
What May Not Be Possessed by Private Persons
(1) Res Communes
(2) Property of Public Dominion
(3) Right under discontinuous and/or non-apparent
easement
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ACQUISITION OF POSSESSION
WAYS OF ACQUIRING POSSESSION [NCC 531]
(1) By material occupation
(a) “Material occupation” – used in its ordinary
meaning and not in its technical meaning
under NCC 712, which defines occupation as a
mode of acquiring ownership.
(b) Possession acquired by material occupation is
only possession as a fact, not the legal right of
possession.
(c) Constructive delivery is considered as an
equivalent of material occupation in two
situations where such occupation is essential
to the acquisition of possession:
(i) Tradicion brevi manu – takes place when one
who possess a thing by title other than
ownership, continues to possess the same
under a new title, that of ownership.
(ii) Tradicion constitutum possessorium – takes
place when the owner alienates the thing,
but continues to possess the same under a
different title.
(2) By subjection to the action of one’s will
(a) This mode refers more to the right of
possession than to possession as a fact. The
“action of our will” must be juridical, in the
sense that it must be according to law.
(b) Includes:
(i) Tradicion symbolica – by delivering
some object or symbol placing the
thing under the control of the
transferee
(ii) Tradicion longa manu – by the
transferor pointing out to the transferee
the things which are being transferred
(3) By execution of proper acts under legal formalities
(a) This mode refers to juridical acts or the
acquisition of possession by sufficient title
evidenced by the performance of required
formalities.
(b) Examples:
(i) Donations
(ii) Succession
(iii) Contracts (like a sale with right to
repurchase)
(iv) Judicial possession
(v) Execution of judgments
(vi) Execution and registration of public
instruments
(vii) Inscription of possessory information
titles
(c) The execution of the required formalities is
equivalent to delivery of the property
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BY WHOM MAY POSSESSION BE ACQUIRED [NCC 532]
(1) By the same person
(2) By his legal representative
(3) By his agent
(4) By any person without any power whatsoever but
subject to ratification, without prejudice to
proper case of negotiorum gestio [Arts. 2144, 2149,
2150]
(5) Qualifiedly, minors and incapacitated persons
By the same person
Elements of personal acquisition:
(1) Must have the capacity to acquire possession
(2) Must have the intent to possess
(3) The possibility to acquire possession must be
present.
By his legal representative
Requisites of acquisition through another:
(1) That the representative or agent has the intention
to acquire the thing or exercise the right for
another, and not for himself
(2) That the person for whom the thing has been
acquired or the right exercised, has the intention
of possessing such thing or exercising such right
Note:
(a) Bad faith is personal and intransmissible. Its
effects must be suffered only by the person who
acted in bad faith; his heir should not be saddled
with the consequences
(b) Good faith can only benefit the person who has it;
and the good faith of the heir cannot erase the
effects of bad faith of his predecessor.
By any person without any power whatsoever but
subject to ratification, without prejudice to proper
case of negotiorum gestio [NCC 2144, 2149, 2150]
(1) Whoever voluntarily takes charge of the agency
or management of the business or property of
another, without any power from the latter, is
obliged to continue until the termination of the
affair and its incidents, or to require the person
concerned to substitute him, if the owner is in a
position to do so.
(2) This juridical relation does not arise in either of
these instances:
(a) When the property or business is not
neglected or abandoned;
(b) If in fact the manager has been tacitly
authorized by the owner.
Qualifiedly, minors and incapacitated persons [NCC
535]
(1) Incapacitated – all those who do not have the
capacity to act (insane, lunatic, deaf-mutes who
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cannot read and write, spendthrifts and those
under civil interdiction)
(2) Object of possession – things only, not rights.
(3) Method of acquisition – material occupation;
acquisition by means for which the incapacitated
person has the capacity, such as acquisition by
succession, testate or intestate, or by donations
propter nuptias, pure and simple donations
WHAT DO NOT AFFECT POSSESSION (NCC 537)
(1) Acts merely tolerated
(a) Those which because of neighborliness or
familiarity, the owner of property allows
another person to do on the property;
(b) Those services or benefits which one’s
property can give to another without material
injury or prejudice to the owner, who permits
them out of friendship or courtesy
(c) Acts of little disturbances which a person, in
the interest of neighborliness or friendly
relations permits others to do on his property,
although continued for a long time, no right
will be acquired by prescription
Note: Permissive use merely tolerated by the
possessor cannot affect possession and cannot
be the basis of acquisitive prescription.
Possession to constitute the foundation of
prescriptive right must be possession under claim
of title; it must be adverse. [Cuaycong v.
Benedicto]
(2) Acts executed clandestinely and without the
knowledge of the possessor [NCC 1108]
Possession has to be in the concept of an owner,
public, peaceful and uninterrupted. (UPPO)
(3) Acts of violence as long as the possessor objects
thereto (i.e. he files a case) [NCC 536]
(a) Possession cannot be acquired through force
or intimidation.
Includes forcibly taking away the property
from another and also when one occupied the
property in the property in the absence of
another, and repels the latter upon his return
(b) Effect on Possession: Acts mentioned do not
constitute true possession. They do not
interrupt the period of prescription nor affect
the rights to the fruits.
RULES TO SOLVE CONFLICTS OF POSSESSION (NCC 538)
General Rule: Possession cannot be recognized in two
different personalities, except in cases of co-
possession by co-possessors without conflict of
claims of interest.
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In case of conflicting possession – preference is given
to:
(1) Present possessor or actual possessor
(2) If there are two or more possessors, the one
longer in possession
(3) If the dates of possession are the same, the one
who presents a title
(4) If all conditions are equal, the thing shall be
placed in judicial deposit pending determination
of possession or ownership through proper
proceedings
EFFECTS OF POSSESSION
(1) Right to be Protected in His Possession (NCC
539)
(2) Entitlement to fruits – possessor in good
faith/bad faith (Art. 544, 549)
(3) Reimbursement for Expenses—Possessor in Good
Faith/Bad Faith
RIGHT TO BE PROTECTED IN HIS POSSESSION (NCC 539)
(1) Every possessor has a right to be
respected in his possession; if disturbed,
possessor has a right to be protected in or
restored to said possession.
(2) Every possessor – includes all kinds of
possession, from that of an owner to that
of a mere holder, except that which
constitutes a crime.
(3) Reason for the rule: To prevent anyone
from taking the administration of justice
into his own hands. Even the owner
cannot forcibly eject the possessor, but
must resort to the courts.
Actions to Recover Possession:
(1) Forcible entry and Unlawful detainer (Summary
proceedings)
(a) Action by a person deprived of the
possession of any land or building by force,
intimidation, strategy, threat, or stealth
(FISTS) at any time within 1 year after such
unlawful deprivation (Rule 70)
(b) May ask for writ of preliminary mandatory
injunction within 10 days from filing of
complaint in forcible entry (NCC 539).
(c) The same writ is available in unlawful
detainer actions upon appeal. (Art. 1674)
(2) Accion Publiciana
(1) Based on superior right of possession, no
ownership
(2) Action for the recovery of possession of real
property upon mere allegation and proof of a
better title
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(3) Accion Reivindicatoria
(1) Recovery of possession based on a claim of
ownership)
(2) An action setting up title and right to
possession
(3) Not barred by a judgment in an action for
forcible entry and unlawful detainer
(4) Action for Replevin
(a) Possession or ownership for movable property
Rules:
(1) Lawful possessor can employ self-help (NCC 429)
(2) To consolidate title by prescription, the
possession must be under claim of ownership,
and it must be peaceful, public and
uninterrupted (UPPO)
(3) It is only the conviction of ownership externally
manifested, which generates ownership.
(4) Acts of possessory character done by virtue of a
license or mere tolerance by the real owner are
not sufficient and will not confer title by
prescription or adverse possession.
(5) The following cannot acquire title by prescription:
(a) Lessees, trustees, pledges, tenants on shares
or planters and all those who hold in the
name or representation of another;
(b) Mere holders placed in possession of the
property by the owner, such as agents,
employees;
(c) Those holding in a fiduciary character, like
receivers, attorneys, depositaries and
antichretic creditors
(d) Co-owner, with regard to common property;
Except: When he holds the same adversely
against all of them with notice to them of the
exclusive claim of ownership
(i) Possession of real property presumes
possession of the movables therein (NCC
542)
(ii) Each co-owner is deemed to have
exclusive possession of the part which
may be allotted to him upon the division,
for the entire period during which the co-
possession lasted.
Interruption in the possession of the
whole or a part of a thing possessed in
common shall be to the prejudice of all
the possessors. (NCC 543)
ENTITLEMENT TO FRUITS – POSSESSOR IN GOOD
FAITH/BAD FAITH (ART. 544, 549)
(1) Possessor in good faith is entitled to the fruits
received before the possession is legally
interrupted
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(2) Natural and industrial fruits are considered
received from the time they are gathered or
severed
(3) Civil fruits are deemed to accrue daily and belong
to the possessor in good faith in that proportion
Provision is based on the following reasons of equity
(1) The fruits received are generally used for the
consumption and livelihood of the possessor, and
his life and expenses may have been regulated in
view of such fruits
(2) The owner has been negligent in not discovering
or contesting the possession of the possessor; it
would be unjust after the possessor has been
thus allowed to rely on the efficacy of the title, to
require him to return the fruits he has received on
the basis of that title.
(3) Between the owner, who has abandoned his
property and left it unproductive, and the
possessor, who has contributed to the social
wealth, by the fruits he has produced, the law
leans toward the latter
Right of the possessor in good faith
Only limited to the fruits of the thing. He must restore
the fruits received from the time such good faith
ceased. He has no rights to the objects which do not
constitute fruits.
Legal interruption of possession in good faith
Takes place when an action is filed against him—
from the time he learns of the complaint, from the
time he is summoned to the trial.
When good faith ceases (NCC 545)
(1) If at the time the good faith ceases, there should
be any natural or industrial fruits, the possessor
shall have a right to a part of the expenses of
cultivation, and to a part of the net harvest, both
in proportion to the time of the possession.
(2) The charges divided on the same basis by the two
possessors.
(a) “Charges” – Those which are incurred, not on
the thing itself but because of it (e.g. taxes,
contributions in favor of the government)
(3) The owner of the thing may give the possessor in
good faith the right to finish the cultivation and
gathering of the growing fruits, as an indemnity
for his part of the expenses of cultivation and the
net proceeds.
(a) The possessor in good faith who refuses to
accept this concession shall lose the right to
be indemnified in any other manner.
PROPERTY BAR OPERATIONS COMMISSION
When fruits are insufficient
There should only be reimbursement of expenses;
but each possessor should suffer a proportionate
reduction due to the insufficiency of the harvest.
REIMBURSEMENT FOR EXPENSES—POSSESSOR IN GOOD
FAITH/BAD FAITH (NCC 546-552)
Necessary Expenses
(1) Imposed by the thing itself and have no relation
to the desire or purpose of the possessor
(2) They are the “cost of living” for the thing and
must be reimbursed to the one who paid them,
irrespective of GF or BF.
(a) Only the possessor in GF may retain the thing
until he has been reimbursed therefor
(3) Those imposed for the preservation of the thing.
They are not considered improvements; they do
not increase the value of the thing, but merely
prevent them from becoming useless.
Useful Expenses
(1) Incurred to give greater utility or productivity to
the thing
(2) e.g. Wall surrounding an estate, an irrigation
system, planting in an uncultivated land, a
fishpond, an elevator in the building, electric
lighting system
(3) They are reimbursed only to the possessor in GF
as a compensation or reward for him. Possessor
in BF cannot recover such expenses
(4) If the useful improvements can be removed
without damage to the principal thing, the
possessor in good faith may remove them, unless
the person who recovers the possession refunds
the expenses or pays the increase in value which
the thing may have acquired by reason thereof
Expenses for Luxury
(1) They do not affect the existence or the substance
of the thing itself, but only the comfort,
convenience or enjoyment of the possessor.
(2) They are not the subject of reimbursement,
because the law does not compensate personal
whims or caprices.
(3) e.g. Opening of a garden, placing fountains and
statues in it, adorning the ceilings with paintings,
and the walls with reliefs
Useful Expenses Expenses for Luxury
Those which increased
Those which merely
the income derived from
embellished the thing
the thing
Result: Increase in the Result: Benefit or
products, either advantage is only for the
absolutely, or because of convenience of definite
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Useful Expenses Expenses for Luxury Possessor in GF Possessor in BF

greater facilities for possessors and to a part of the net (549)
producing them harvest, in proportion to
the time of the
Includes expenses possession.
resulting in real benefit
or advantage to the Indemnity may be, at the
thing owner’s option,
Result: Benefit or The utility is for the 1. In money, OR
advantage is only for the possessor or particular 2. By allowing full
convenience of definite persons alone and is cultivation and gathering
possessors therefore accidental. of the fruits (545)
Charges
Possessor In Bad Faith Must share with the
(1) Reimburse the fruits received and those which legitimate possessor, in
the legitimate possessor could have received Same as with GF (545)
proportion to the time of
(2) Has a right only to the reimbursement of the possession (545)
necessary expenses and the production,
gathering, and preservation of fruits Necessary Expenses
(3) Does not have right to reimbursement of Right to reimbursement
expenses for luxury but may remove them as long and retention in the Reimbursement only
as the principal thing suffers no injury, or may sell meantime (546) (546)
them to the owner.
(4) Liable for deterioration or loss in every case, even
if caused by a fortuitous event Useful Expenses
a. As opposed to a possessor in good faith, not Right of retention until
liable for the deterioration or loss, except reimbursed; Owner’s
when proved that he has acted with option to reimburse him
fraudulent intent or negligence, after the either for expenses or for
judicial summons increase in value which
the thing may have
Note: No right to
acquired (546)
(1) Costs of litigation over the property shall be reimbursement and no
borne by every possessor. (NCC 550) right of removal (547)
Limited right of removal
(2) Improvements caused by nature or time shall – should not damage
always inure to the benefit of the person who has principal and owner does
succeeded in recovering possession (NCC 551) not exercise option of
(1) Includes all the natural accessions referred to paying the expenses or
by articles 457-465, and all those which do increase in value (547)
not depend upon the will of the possessor.
(e.g. widening of the streets, rising of Ornamental Expenses
fountains of fresh or mineral water, increase Limited right of removal Limited right of removal
of foliage of trees) (548) (549)
Deterioration or Loss
Possessor in GF Possessor in BF
No liability unless due to
Fruits Received fraud or negligence after Liable in every case (552)
Entitled to the fruits becoming in BF (552)
Must reimburse the
while possession is in GF Costs of Litigation
legitimate possessor
and before legal
(549) Bears cost (550) Bears cost (550)
interruption (544)
Pending Fruits
Entitled to part of the Must reimburse the
expenses of cultivation, legitimate possessor

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LOSS OR UNLAWFUL DEPRIVATION OF A
MOVABLE
POSSESSION OF MOVABLE ACQUIRED IN GOOD FAITH (IN
CONCEPT OF OWNER) IS EQUIVALENT TO TITLE (NCC 559)
(1) Possessor has actual title which is defeasible only
by true owner.
Requisites of Title
(a) Possession in GF
(b) The owner has voluntarily parted with the
possession of the thing
(c) The possession is in the concept of an owner
(2) Nevertheless, one who has lost any movable or
has been unlawfully deprived thereof may recover
it from the person in possession
When the owner can recover
(a) Has lost the thing
(b) Has been unlawfully deprived thereof
(3) If the current possessor has acquired it in good
faith at a public sale, owner must reimburse the
price paid
PERIOD TO RECOVER (NCC 1140, 1132, 1133)
(1) Actions to recover movables prescribe 8 years
from the time the possession thereof is lost,
unless the possessor has acquired the ownership
by prescription for a lesser period
(2) Ownership of movables prescribes through
uninterrupted possession for 4 years in good
faith.
(3) Ownership of personal property also prescribes
through uninterrupted possession for 8 years,
without need of any other condition.
(4) Movables possessed through a crime can never
be acquired through prescription
FINDER OF LOST MOVABLE (NCC 719-720)
(1) Whoever finds a movable, which is not a treasure,
must return it to its previous possessor.
(2) If the previous possessor is unknown, the finder
shall immediately deposit it with the mayor of the
city or municipality where the finding has taken
place.
(3) The finding shall be publicly announced by the
mayor for two consecutive weeks in the way he
deems best.
(4) If the movable cannot be kept without
deterioration, or without expenses which
considerably diminish its value, it shall be sold at
public auction eight days after the publication.
(5) Six months from the publication having elapsed
without the owner having appeared, the thing
found, or its value, shall be awarded to the finder.
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The finder and the owner shall be obliged, as the
case may be, to reimburse the expenses.
(6) If the owner should appear in time, he shall be
obliged to pay, as a reward to the finder, one-
tenth of the sum or of the price of the thing found
DISTINGUISHED FROM VOIDABLE TITLE (NCC 1506)
(1) Seller of goods with voidable title not avoided at
the time of the sale: buyer acquires a good title to
the goods, provided he buys them in good faith,
for value, and without notice of the seller's defect
of title
(2) A movable lost or which the owner has been
unlawfully deprived acquired by a possessor in
good faith at a public sale - the owner can always
recover the movable provided he reimburses the
price paid.
EFFECTS OF POSSESSION
EFFECTS OF POSSESSION IN THE CONCEPT OF OWNER
Possession may lapse and ripen into full ownership
General Rule: Presumption of just title and cannot be
obliged to show or prove it (NCC 541)
(1) Basis: Possession is presumed ownership, unless
the contrary is proved. This presumption is prima
facie and it prevails until contrary is proved.
(2) Just title – that which is legally sufficient to
transfer the ownership or the real right to which it
relates
(3) For the purposes of prescription, there is just title
when the adverse claimant came into possession
of the property through one of the modes
recognized by law for the acquisition of
ownership or other real rights, but the grantor
was not the owner or could not transmit any
right. (NCC 1129)
Exception: For the purposes of prescription, just title
must be proved; it is never presumed (NCC 1131)
(1) Possessor may bring all actions necessary to
protect his possession except reivindicatoria
(2) May employ self-help under Art. 429
(3) Possessor may ask for inscription of such real
right of possession in the registry of property
(4) Has right to the fruits and reimbursement of
expenses (assuming he is possessor in good faith)
(5) Upon recovery of possession which he was
unlawfully deprived of, may demand fruits and
damages
(6) Generally, he can do on the things possessed
everything that the law authorizes the owner to
do until he is ousted by one who has a better
right.
(7) Possession in good faith and possession in bad
faith (Art. 528)
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RIGHTS OF POSSESSOR
PRESUMPTION IN FAVOR OF THE POSSESSOR—FOR
ACQUISITIVE PRESCRIPTION
(1) Of good faith until contrary is proved (NCC 527)
(a) Presumption is only juris tantum because
possession is the outward sign of ownership.
Unless such proof of bad faith is presented,
the possessor will be held to be in good faith.
(b) So long as the possessor is not actually aware
of any defect invalidating his title, he is
deemed a possessor in good faith.
(2) Of continuity of initial good faith in which
possession was commenced; possession in good
faith does not lose this character except in case
and from the moment possessor became aware or
is not unaware of improper or wrongful possession
(NCC 528)
(a) Good faith ceases from the date of the
summons to appear at the trial
(b) Good faith ceases when there is:
(i) Extraneous evidence
(ii) Suit for recovery of the property by the
true owner
(3) Of enjoyment of possession in the same character
in which possession was required until contrary is
proved (NCC 529)
(4) Of non-interruption of possession in favor of
present possessor who proves possession at a
previous time until the contrary is proved (NCC
554)
(a) Possession is interrupted for the purposes of
prescription, naturally or civilly. (NCC 1120)
(b) Possession is naturally interrupted when
through any cause it should cease for more
than one year (NCC 1121)
(c) Old possession is not revived if a new
possession should be exercised by the same
adverse claimant (NCC 1121)
(d) If the natural interruption is for only one year
or less, the time elapsed shall be counted in
favor of the prescription (NCC 1122)
(e) Civil interruption is produced by judicial
summons to the possessor. (NCC 1123)
(f) Judicial summons shall be deemed not to
have been issued and shall not give rise to
interruption (NCC 1124):
(i) If it should be void for lack of legal
solemnities;
(ii) If the plaintiff should desist from the
complaint or should allow the
proceedings to lapse;
(iii) If the possessor should be absolved from
the complaint
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(g) In all these cases, the period of the
interruption shall be counted for the
prescription
(5) Other presumptions with respect to specific
properties of property rights
(a) Of extension of possession of real property to
all movables contained therein so long as in is
not shown that they should be excluded
(b) Non-interruption of possession of hereditary
property (NCC 553)
(i) Possession of hereditary property is
deemed transmitted to the heir without
interruption and from the moment of the
death of the decedent
(c) Of just title in favor of possessor in concept of
owner (NCC 541)
LOSS/TERMINATION OF POSSESSION (NCC 555)
(1) By the abandonment of the thing;
A - Abandonment
(2) By an assignment made to another either by D - Destruction
onerous or gratuitous title; A - Assignment
N - New Possession
(3) By the destruction or total loss of the thing, or
because it goes out of commerce;
(4) By the possession of another, subject to the
provisions of Article 537, if the new possession
has lasted longer than one year. But the real
right of possession is not lost till after the lapse of
ten years.
ABANDONMENT
(1) Includes the giving up of possession, and not
necessarily of ownership by every possessor.
(2) It is the opposite of occupation. It consists of the
voluntary renunciation of all the rights which the
person may have in a thing, with intent to lose
such a thing. To be effective, it is necessary that it
be made by a possessor in the concept of an
owner.
(3) It must be clearly appear that the spes
recuperandi is gone and the animus revertendi is
finally given up.
ASSIGNMENT, EITHER ONEROUS OR GRATUITOUS
Complete transmission of ownership rights to
another person, gratuitously or onerously
POSSESSION BY ANOTHER; IF POSSESSION HAS LASTED
LONGER THAN ONE YEAR; REAL RIGHT OF POSSESSION
NOT LOST AFTER 10 YEARS - (SUBJECT TO NCC 537)
(1) Acts merely tolerated, and those executed
clandestinely and without the knowledge of the
possessor of a thing, or by violence, do not affect
possession.
(2) Possession that is lost here refers only to
possession as a fact (de facto), not the legal right
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of possession (de jure). It is the possession that
the new possessor acquires.
(3) Real right of possession is lost only after 10 years.
(4) After one year, the actions for forcible entry and
unlawful detainer can no longer be brought. But
accion publiciana may still be instituted to
recover possession de jure
RULES FOR LOSS OF MOVABLES
(1) The possession of movables is not deemed lost so
long as they remain under the control of the
possessor, even though for the time being he may
not know their whereabouts. (NCC 556)
(2) Control – judicial control or right, or that the
thing remains in one’s patrimony
(3) Wild animals are possessed only while they are
under one's control (NCC 560)
(a) Domesticated or tamed animals - if they retain
the habit of returning to the premises of the
possessor
Kinds of Animals
(1) Wild—those which live naturally independent of
man
(2) Domesticated—those which, being wild by nature,
have become accustomed to recognize the
authority of man. When they observe this custom,
they are placed in the same category as domestic
and when they lose it, they are considered as
wild.
(3) Domestic or Tame—those which are born and
reared ordinarily under the control and care of
man; they are under the ownership of man, and
do not become res nullius unless they are
abandoned.
Usufruct
CONCEPT (NCC 562):
Usufruct gives a right to enjoy the property of
another with the obligation of preserving its form
and substance, unless the title constituting it or the
law otherwise provides
OBJECTS OF USUFRUCT
(1) Independent Rights
(a) A servitude which is dependent on the
tenement to which it attaches cannot be the
object of usufruct
(2) Things
(a) Non-consumable things
(b) Consumable things, but only as to their value
if appraised, or on an equal quantity and
quality if they were not appraised
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(3) Unproductive things
e.g. sterile or absolutely unproductive land, or
things for mere pleasure, such as promenades,
statues or paintings, even if they do not produce
any utility.
CHARACTERISTICS
(1) It is a real right
(2) Of temporary duration
(3) To derive all advantages from the thing due to
normal exploitation
NATURAL CHARACTERISTICS
(1) Includes only the right to use (jus utendi) and the
right to the fruits (jus fruendi)
(2) Usufructuary must preserve the form or
substance of the thing
(a) Preservation is a natural requisite, not
essential because the title constituting it or the
law may provide otherwise
(b) Reason for preserving form and substance –
(i) To prevent extraordinary exploitation;
(ii) To prevent abuse, which is frequent;
(iii) To prevent impairment.
(c) Exception: In an abnormal usufruct, alteration
is allowed
(3) Usufruct is extinguished by the death of the
usufructuary
(a) Natural because a contrary intention may
prevail
CLASSIFICATION
BY ORIGIN
(1) Voluntary: created by the will of private persons
(a) By act inter vivos – such as contracts and
donations
(i) By alienation of the usufruct
(ii) By retention of the usufruct
(iii) Where a usufruct is constituted inter
vivos and for valuable consideration, the
contract is unenforceable unless in
writing
(b) By act mortis causa – such as testament
(2) Legal: as provided by law
Usufruct of parents over the property of
unemancipated children (now limited to the
collective daily needs of the family, FC 26)
(3) Mixed: created both by law and the acts of
persons
(a) The rights and duties of the usufructuary
provided by law may be modified or
eliminated by the parties.
(b) The title constituting the usufruct may validly
authorize the usufructuary to alienate the
thing itself held in usufruct.
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(i) If the usufructuary is authorized to
alienate the thing in case of necessity, it
is the usufructuary who determines the
question of necessity.
BY PERSON ENJOYING RIGHT OF USUFRUCT
(1) Simple: only one usufructuary enjoys the property
(2) Multiple: several usufructuaries enjoy the
property
(a) Simultaneous: at the same time
(b) Successive: one after the other
Limitations on Successive Usufruct
(1) If usufruct is by donation, ALL donees must be
alive. (NCC 756)
(2) Fiduciary or first heir and the second heir must be
alive at the time of the death of the testator.
(NCC 863)
(3) If by testamentary succession, there must be only
2 successive usufructuaries, and both must be
alive or at least already conceived at the time of
the testator’s death. (NCC 869)
BY OBJECT OF USUFRUCT
Usufruct may be constituted on the whole or a part
of the fruits of the thing or on a right, provided it is
not strictly personal or intransmissible (NCC 564)
Rights
(1) Must not be strictly personal or intransmissible.
(2) Usufruct over a real right is by itself a real right.
(a) Right to receive present or future support
cannot be the object of the usufruct.
Things
(1) Normal: involves non-consummable things where
the form and substance are preserved
(2) Abnormal or irregular: when the usufruct includes
things which cannot be used without being
consumed
(a) The usufructuary has right to make use of
them under the obligation of paying their
appraised value at the termination of the
usufruct, if they were appraised when
delivered.
(b) In case they were not appraised, he has the
right to return the same quantity and quality,
or pay their current price at the time the
usufruct ceases (NCC 574)
(c) In reality, the usufruct is not upon the
consumable things themselves, but upon the
sum representing their value or upon a
quantity of things of the same kind and
quality.
(d) The usufructuary, in effect, becomes the
owner of the things in usufruct, while the
grantor becomes a mere creditor entitled to
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the return of the value or of the things of the
same quantity and quality (as if converted
into a simple loan)
BY THE EXTENT OF THE USUFRUCT
As to the fruits
(1) Total: all consumed by the usufruct
(2) Partial: only on certain aspects of the usufruct’s
fruits
As to object
(1) Singular: only on particular property of the owner
(2) Universal: pertains to the whole property;
A universal usufructuary must pay the debts of
the naked owner, if stipulated. Article 758 and
759 on donations apply.
NCC 758: When the donation imposes upon the
donee the obligation to pay the debts of the
donor, if the clause does not contain any
declaration to the contrary, the former is
understood to be liable to pay only the debts
which appear to have been previously contracted.
In no case shall the donee be responsible for the
debts exceeding the value of the property
donated, unless a contrary intention clearly
appears.
NCC 759: There being no stipulation regarding
the payment of debts, the donee shall be
responsible therefor only when the donation has
been made in fraud of creditors.
The donation is always presumed to be in fraud
of creditors, when at the time thereof the donor
did not reserve sufficient property to pay his
debts prior to the donation.
BY THE TERMS OF THE USUFRUCT
(1) Pure: no terms or conditions
(2) Conditional: either suspensive or resolutory
(3) With a term or period
(a) Ex die: from a certain day
(b) In diem: up to a certain day
(c) Ex die in diem: from a certain day up to a
certain day
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RIGHTS AND OBLIGATIONS OF USUFRUCTUARY ungathered for no fault imputable to him, but
because of malice or an act imputable to the naked
rd
RIGHTS owner or a 3 person, or even due to force majeure
As to Thing and Its Fruits or fortuitous event.
Right to enjoy the property to the same extent as the
owner, but only with respect to its use and the receipt of Right to civil fruits
its fruits. (1) Civil fruits – deemed to accrue daily, and belong
(1) Usufructuary cannot extract products which do to the usufructuary in proportion to the time the
not constitute fruits because he is bound to usufruct may last.
preserve the form and substance of the thing. (2) Whenever a usufruct is constituted on the right to
(2) Usufructuary rights may be transferred, assigned receive a rent or periodical pension, whether in
or otherwise disposed of by the usufructuary. money or in fruits, or in the interest on bonds or
(3) Not exempt from execution and can be sold at securities payable to bearer, each payment due
public auction. shall be considered as the proceeds or fruits of
such right
As to hidden treasure, usufructuary is considered a (3) Whenever it consists in the enjoyment of benefits
stranger without a right to a share, unless he is also the accruing from a participation in any industrial or
finder of the treasure commercial enterprise, the date of the
(1) With respect to hidden treasure which may be distribution of which is not fixed, such benefits
found on the land or tenement, he shall be shall have the same character
considered a stranger (a) In either case they shall be distributed as civil
(2) Hidden treasure belongs to the owner of the fruits
land, building, or other property on which it is
found. Right to enjoy any increase through accessions and
(3) Nevertheless, when the discovery is made on the servitudes, including products of hunting and fishing
property of another, or of the State or any of its
subdivisions, and by chance, one-half thereof Right to lease the thing
shall be allowed to the finder. General rule: The usufructuary may lease the thing to
another but this shall terminate upon the expiration
Right to fruits pending at the beginning of usufruct of the usufruct, saving leases of rural lands, which
Fruits pending at the Fruits pending at the shall be considered as subsisting during the
beginning of the usufruct beginning of the usufruct agricultural year
termination
Belong to the Belong to the naked Exceptions:
usufructuary owner (1) Legal usufructs cannot be leased.
(2) Caucion juratoria (lease would show that the
Without need to The owner shall usufructuary does not need the property badly)
reimburse the expenses to reimburse to the
the owners usufructuary ordinary Effect of the transfer of right:
cultivation expenses (1) The transfer or lease of the usufruct does NOT
from the proceeds of the terminate the relation of the usufructuary with
fruits (not to exceed the the owner
value of the fruits) (2) Death of the transferee does not terminate the
Without prejudice to the Rights of innocent 3
rd usufruct but it terminates upon the death of the
rd
right of 3 persons e.g. if parties should not be usufructuary who made the transfer.
the fruits had been prejudiced.
planted by a possessor in Rules as to Lease
good faith, the pending (1) The property in usufruct may be leased even
crop expenses and without the consent of the owner.
charges shall be prorated (2) The lease should be for the same period as the
between said possessor usufruct.
and the usufructuary (a) EXCEPT: leases of rural lands continues for
the remainder of the agricultural year
(b) A lease executed by the usufructuary before
Fruits already matured at the time of the termination the termination of the usufruct and subsisting
of the usufruct, which ordinarily would have already after the termination of the usufruct must be
been gathered by the usufructuary, may remain

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respected, but the rents for the remaining
period will belong to the owner.
(c) If the usufructuary has leased the lands or
tenements given in usufruct, and the usufruct
should expire before the termination of the
lease, he or his heirs and successors shall
receive only the proportionate share of the
rent that must be paid by the lessee. (Art. 568,
Civil Code)
(3) It is the usufructuary and not the naked owner
who has the right to choose the tenant.
(a) As corollary to the right of the usufructuary to
all the rent, to choose the tenant, and to fix
the amount of the rent, she necessarily has
the right to choose herself as the tenant
thereof; and, as long as the obligations she
had assumed towards the owner are fulfilled.
(Fabie v. Gutierrez David)
(4) A lease executed by the owner before the
creation of the usufruct is not extinguished by
such usufruct.
Limitations on the Right to Lease the Property
(1) Usufructuary cannot alienate a thing in usufruct
(a) Cannot alienate or dispose of the objects
included in the usufruct
(b) Cannot renounce a servitude
(c) Cannot mortgage or pledge a thing
(d) EXCEPT:
(i) When the right of usufruct is converted
into the right of ownership
(ii) When the things are consumable (574);
(iii) When the things by their nature are
intended for sale, such as the
merchandise in a commercial
establishment; and
(iv) When the things, whatever their nature,
are delivered under appraisal as
equivalent to their sale
(2) Future crops may be sold but such sale would be
void if not ratified by the owner.
(a) The buyer’s remedy is to recover from the
usufructuary.
(3) Only voluntary usufruct can be alienated.
(4) The usufructuary-lessor is liable for the act of the
substitute.
(a) A usufructuary who alienates or leases his
right of usufruct shall answer for any damage
which the things in usufruct may suffer
through the fault or negligence of the person
who substitutes him. (Art. 590, Civil Code)
Right to improve the thing, but improvement inures
to the benefit of the naked owner
(1) Usufructuary is not entitled to reimbursement.
(2) Whenever the usufructuary can remove the
improvements without injury to the property in
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PROPERTY BAR OPERATIONS COMMISSION
usufruct, he has the right to do so, and the owner
cannot prevent him from doing so even upon
payment of their value.
(3) This right does not involve an obligation – if the
usufructuary does not wish to exercise it, he
cannot be compelled by the owner to remove the
improvements.
(4) This right to remove improvements can be
enforced only against the owner, not against a
purchaser in good faith to whom a clean title has
been issued.
(5) Usufructuary may set off the improvements
against any damage to the property
(a) The improvements should have increased the
value of the property, and that the damages
are imputable to the usufructuary.
(b) Increase in value and the amount of damages
are set off against each other.
(c) If the damages exceed the increase in value,
the difference should be paid by the
usufructuary as indemnity.
(d) If the increase in value exceeds the damages,
and the improvements are of such nature that
they can be removed without injury to the
thing in usufruct, the settlement of the
difference must be agreed upon by the
parties.
(e) If the improvements cannot be removed
without injury, the excess in value accrues to
the owner.
(6) Registration of improvements – to protect
rd
usufructuary against 3 persons
As to the Legal Right of Usufruct Itself
Right to mortgage right of usufruct
(1) The usufructuary may alienate his right of
usufruct, even by a gratuitous title; but all the
contracts he may enter into as such usufructuary
shall terminate upon the expiration of the
usufruct [Art. 572]
(2) Does not include parental usufruct because of
personal and family considerations.
Right to alienate the usufruct except in purely personal
usufructs or when title constituting it prohibits the
same
Parental usufruct is inalienable
OBLIGATIONS
At the Beginning of Usufruct or Before Exercising the
Usufruct
(1) To make, after notice to the owner or his
legitimate representative, an inventory of all the
property, which shall contain an appraisal of the
movables and a description of the condition of
the immovables;
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(2) To give security, binding himself to fulfill the
obligations imposed upon him in accordance with
this Chapter.
Note: These requirements are NOT conditions
precedent to the commencement of the right of the
usufructuary but merely to the entry upon the
possession and enjoyment of the property.
To Make An Inventory:
(1) Requisites
(a) Immovables must be described
(b) Movables must be appraised because they are
easily lost or deteriorated.
(2) Concurrence of the owner in the making of the
inventory
(3) Expenses for the making of the inventory are
borne by the usufructuary
(4) Inventory may be in a private document, except
when immovables are involved (a public
rd
instrument is prescribed to affect 3 persons)
(5) Failure to make an inventory does not affect the
rights of the usufructuary to enjoy the property
and its fruits.
(a) A prima facie presumption arises that the
property was received by the usufructuary in
good condition
(b) Even if he is already in possession, he may still
be required to make an inventory.
(6) Exception to the requirement of inventory
(a) When no one will be injured , the usufructuary
may be excused from this obligation
To give a bond for the faithful performance of duties as
usufructuary:
(1) Any kind of sufficient security is allowed, e.g.
cash, personal bond, mortgage
(2) No bond is required in the following
(a) No prejudice would result (Art. 585)
(b) Usufruct is reserved by a donor (Art. 584)
(i) Gratitude on the donee’s part demands
that the donor be excused from filing the
bond
(c) Title constituting usufruct excused
usufructuary
(3) If usufructuary takes possession under a caucion
juratoria (Art. 587)
(a) The security given may be by a personal bond,
a pledge, or a mortgage.
(b) It is only by way of exception that a caucion
juratoria is allowed, and only under the
special circumstances:
(i) Proper court petition
(ii) Necessity for delivery of furniture,
implements or house included in the
usufruct
(iii) Approval of the court
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(iv) Sworn promise
(c) A usufructuary under this can neither alienate
his right nor lease the property, for that would
mean that he does not need the dwelling or
the implements and furniture.
(4) Effect of filing a bond
(a) Retroactivity: upon giving the security, the
usufructuary will be entitled to all the benefits
accruing since the time when he should have
begun to receive them.
(5) Effect of failure to give bond (NCC 586)
(a) The owner may demand that the immovables
be placed under administration;
(i) That the movables be sold;
(ii) That the public bonds, instruments of
credit payable to order or to bearer be
converted into registered certificates or
deposited in a bank or public institution;
(iii) That the capital or sums in cash and the
proceeds of the sale of the movable
property be invested in safe securities.
(b) Owner may, until the usufructuary gives
security, retain in his possession the property
in usufruct as administrator, subject to the
obligation to deliver to the usufructuary the
net proceeds, after deducting the sums which
may be agreed upon or judicially allowed him
for such administration.
During the Usufruct
(1) To take care of the thing like a good father of a
family
(2) To undertake ordinary repairs
(3) To notify owner of need to undertake
extraordinary repairs
(4) To pay for annual charges and taxes on the fruits
(5) To notify owner of any act detrimental to
ownership
(6) To shoulder the costs of litigation re usufruct
(7) To answer for fault or negligence of alienee,
lessee or agent of usufructuary
To take care of the thing like a good father of a family
(1) When damages are caused to the property by the
fault or negligence of the usufructuary, the naked
owner need not wait for the termination of the
usufruct before bringing the action to recover
proper indemnity.
(2) The bad use of a thing, which causes
considerable injury, entitles the owner to demand
the delivery and administration of the thing.
(3) The exercise of this remedy does NOT extinguish
the usufruct.
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To undertake ordinary repairs
The usufructuary is obliged to make the ordinary
repairs needed by the thing given in usufruct (NCC
592)
(1) Ordinary repairs:
(a) Such as are required by the wear and tear due
to the natural use of the thing and are
indispensable for its preservation.
(b) Deteriorations or defects arise from the
natural use of the thing;
(c) Repairs are necessary for the preservation of
the thing.
(2) The usufructuary is bound to pay only for the
repairs made during the existence of the usufruct.
(a) If the defects existed already at the time the
usufruct began, the obligation to defray the
ordinary repairs falls upon the owner.
(3) If the defects are caused by the ordinary use of
the thing, the usufructuary may exempt himself
from making the repairs by returning to the
owner the fruits received during the time that the
defects took place.
Except: When the ordinary repairs are due to
defects caused by the fault of the usufructuary
(4) If the usufructuary fails to make the repairs even
after demand, the owner may make them at the
expense of the usufructuary
To notify owner of need to undertake extraordinary
repairs
(1) Extraordinary repairs
(a) Those caused by exceptional circumstances,
whether or not they are necessary for the
preservation of the thing;
(b) Those caused by the natural use of the thing,
but are not necessary for its preservation.
(2) General Rule: Naked owner must make the
extraordinary repairs
(a) Usufructuary obliged to pay legal interest on
the amount while usufruct lasts
(3) If the extraordinary repairs are indispensable, and
the naked owner fails to undertake them, the
usufructuary may make such repairs
(a) Requisites:
(i) There must be due notification to the
naked owner of the urgency – if it is not
urgent, there is no obligation to give
notice.
(ii) The naked owner failed to make them
(iii) The repair is needed for preservation
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PROPERTY BAR OPERATIONS COMMISSION
(b) The usufructuary who has made the
extraordinary repairs necessary for
preservation is entitled to recover from the
owner the increase in value which the
tenement acquired by reason of such works.
(c) Usufructuary may retain until he is paid.
To pay for annual charges and taxes on the fruits
It is well settled that a real tax, being a burden upon
the capital, should be paid by the owner of the land
and not by a usufructuary. There is no merit in the
contention of distinguishing public lands into
alienable and indisposable. All properties owned by
the government, without any distinction, are exempt
from taxation. (Board of Assessment Appeals of
Zamboanga del Sur v. Samar Mining Company, Inc.)
To notify owner of any act detrimental to ownership
(NCC 601)
To shoulder the costs of litigation re usufruct (NCC 602)
To answer for fault or negligence of alienee, lessee or
agent of usufructuary (NCC 590)
The usufructuary is made liable for the acts of the
substitute. While the substitute answers to the
usufructuary, the usufructuary answers to the naked
owner.
At the Time of the Termination of the Usufruct
To deliver the thing in usufruct to the owner in the
condition in which he has received it, after
undertaking ordinary repairs
Exception: abnormal usufruct – return the thing of
same kind, quantity and quality; if with appraised
value, must return value appraised
SPECIAL CASES OF USUFRUCT
USUFRUCT OVER A PENSION OR PERIODICAL INCOME (NCC
570)
(1) Each payment due shall be considered as the
proceeds or fruits of such right
(2) Shall be distributed as civil fruits
USUFRUCT OF PROPERTY OWNED IN COMMON (NCC 582)
(1) The usufructuary takes the place of the owner as
to:
(a) Management;
(b) Fruits; and
(c) Interest
(2) Effect of partition:
(a) The right of the usufructuary is not affected by
the division of the property in usufruct among
the co-owners.
(b) After partition, the usufruct is transferred to
the part allotted to the co-owner
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USUFRUCT CONSTITUTED ON A FLOCK OR HERD OF
LIVESTOCK (NCC 591)
(1) On sterile stock: same rules on consumable
property govern (i.e. replacement upon
termination)
(2) On fruitful stock
(a) Must replace ordinary losses of the stock with
the young if:
(i) Some animals die from natural causes
(ii) Some animals are lost due to rapacity of
beasts of prey
(b) NO obligation to replace if:
(i) There is a total loss of animals because
of some unexpected or unnatural loss
(like contagious disease or any other
uncommon event, provided the
usufructuary has no fault);
(1) If all perish, the usufructuary should
deliver the remains to the owner.
(ii) There is a partial loss
(1) If a part of the stock perishes, the
usufruct subsists on the remainder.
USUFRUCT OVER FRUIT BEARING TREES AND SPROUT AND
WOODLANDS (NCC 575-576)
The usufructuary can:
(1) Use dead trunks and those cut off or uprooted by
accident.
(2) Make usual cuttings that owner used to do.
(3) Cut the trees that are not useful
USUFRUCT ON A RIGHT OF ACTION (NCC 578)
(1) The action may be instituted in the usufructuary’s
name. As the owner of the usufruct, he is properly
deemed a proper party in interest.
(2) If the purpose is the recovery of the property or
right, he is still required under 578 to obtain the
naked owner’s authority.
(3) If the purpose is to object to or prevent
disturbances over the property, no special
authority from the naked owner is needed.
USUFRUCT ON MORTGAGED PROPERTY (NCC 600)
(1) When the usufruct is universal and some objects
are mortgaged, apply Art. 598.
(2) If the usufructuary mortgaged the usufruct
himself, he is liable to pay his own debt.
USUFRUCT OVER AN ENTIRE PATRIMONY (NCC 598)
Applies when:
(1) The usufruct is a universal one
(2) And the naked owner – Has debts or is obliged to
make periodical payments (whether or not there
be known capital)
General rule: The usufructuary is not liable for the
owner’s debts.
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Exceptions:
(1) When it is so stipulated; in which case the
usufructuary shall be liable for the debt specified.
(2) If there is no specification, he is liable only for
debts incurred by the owner before the usufruct
was constituted.
(3) When the usufruct is constituted in fraud of
creditors
In no case shall the usufructuary be responsible for
debts exceeding the benefits under the usufruct.
(except when the contrary intention appears)
USUFRUCT OVER DETERIORABLE PROPERTY (NCC 753)
(1) The usufructuary shall have the right to make use
thereof in accordance with the purpose for which
they are intended
(2) It is sufficient if the usufructuary returns the
things in the condition in which they may have
been found at the time of the expiration of the
usufruct despite ordinary defects caused by use
and deterioration produced by age and time.
Except: when caused by the usufructuary’s fraud
and negligence.
(3) If usufructuary does not return the things upon
the expiration of the usufruct, he should pay an
indemnity equivalent to the value of the things at
the time of such expiration.
USUFRUCT OVER CONSUMABLE PROPERTY (NCC 574)
(1) The usufructuary shall have the right to make use
of them under the obligation of paying their
appraised value at the termination of the
usufruct, if they were appraised when delivered.
(2) If not appraised, he shall have the right to return
at the same quantity and quality, or pay their
current price at the time the usufruct ceases.
RIGHTS OF THE OWNER
(1) At the beginning of the usufruct (see obligations of
usufructuary at the beginning of the usufruct)
(2) During the usufruct
(a) Retains title to the thing or property
(b) He may alienate the property: he may not
alter the form or substance of the thing; nor
do anything prejudicial to the usufructuary
(c) He may construct buildings, make
improvements and plantings, provided:
(1) Value of the usufruct is not impaired
(2) Rights of the usufructuary are not
prejudiced
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EXTINGUISHMENT/TERMINATION (NCC 603) association is dissolved, the usufruct shall be

(1) By the death of the usufructuary, unless a extinguished.
rd
contrary intention clearly appears; (2) Time that may elapse before a 3 person attains
(2) By the expiration of the period for which it was a certain age [Art. 606, CC]
constituted, or by the fulfillment of any resolutory (a) Usufruct subsists for the number of years
rd
condition provided in the title creating the specified, even if the 3 person should die
usufruct; before the period expired
(3) By merger of the usufruct and ownership in the (b) Unless the usufruct has been expressly
same person; granted only in consideration of the existence
(4) By renunciation of the usufructuary; of the person
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person MERGER OF RIGHTS OF USUFRUCT AND NAKED
constituting the usufruct; OWNERSHIP IN ONE PERSON
(7) By prescription. Illustration: H was the usufructuary of land owned by
X. x dies, leaving in his will, the naked ownership of
DEATH OF USUFRUCTUARY the land to H. the usufruct is extinguished because
Exceptions: now H is both the naked owner and the usufructuary.
(1) In multiple usufructs: it ends at the death of the
last survivor (NCC 611) RENUNCIATION OF USUFRUCT
(a) If simultaneously constituted: all the (1) Waiver: voluntary surrender of the rights of the
usufructuaries must be alive (or at least usufructuary, made by him with intent to
conceived) at the time of constitution. surrender them
(b) If successively constituted: (2) Limitations
(i) If by virtue of donation – all the donees- (a) Must be express: tacit renunciation is not
usufructuaries must be living at the time sufficient
of the donation; (b) Does not need the consent of naked owner
(ii) If by will – there should only be 2 (c) If made in fraud of creditors, waiver may be
successive usufructuaries and both must rescinded by them through action under
have been alive at the time of testator’s Article 1381 (accion pauliana)
death.
EXTINCTION OR LOSS OF PROPERTY (NCC 608 & 608)
(2) If the period is fixed by reference to the life of
Situation Effect
another or there is a resolutory condition
Art. 607
Death does not affect the usufruct and the right If destroyed property is not insured
is transmitted to the heirs of the usufructuary
until the expiration of the term or the fulfillment If the building forms part If the building forms part
of the condition. of an immovable under of an immovable under
usufruct usufruct
(3) When a contrary intention clearly appears If usufruct is on the Usufruct continues over
(a) If the usufructuary dies before the happening building only the land and materials
of a resolutory condition, the usufruct is (plus interests), if owner
extinguished. does not rebuild.
st
(b) 1 view: usufruct is personal and it CANNOT If owner rebuilds,
be extended beyond the lifetime of the usufructuary must allow
usufructuary. (Sanchez Roman and SC) owner to occupy the land
and to make use of
EXPIRATION OF PERIOD OR FULFILLMENT OF RESOLUTORY materials; but the owner
CONDITION IMPOSED ON USUFRUCT BY PERSON must pay interest on the
CONSTITUTING THE USUFRUCT value of both the land
(1) In favor of juridical persons [Art. 605, CC] and the materials.
(a) Usufruct cannot be constituted in favor of a Art. 608
town, corporation, or association for more If destroyed property is insured before termination of the
than fifty year usufruct
(b) If before the expiration of such period the
town is abandoned, or the corporation or When insurance premium If owner rebuilds,
paid by owner and usufruct subsists on new

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(2) If both the naked owner and the usufructuary

Situation Effect
were separately given indemnity, each owns the
usufructuary (par. 1) building. indemnity given to him, the usufruct being totally
If owner does not rebuild extinguished.
interest upon insurance (3) If usufructuary alone was given the indemnity, he
proceeds paid to must give it to the naked owner and compel the
usufructuary latter to return either the interest or to replace
the property. He may even deduct the interest
When the insurance taken Owner entitled to himself, if the naked owner fails to object.
by the naked owner only insurance money (no
because usufructuary interest paid to BAD USE OF THING IN USUFRUCT (NCC 610)
refuses to contribute to usufructuary). Does not extinguish the usufruct but
the premium (par. 2) If he does not rebuild, (1) Entitles the owner to demand delivery and
usufruct continues over administration of the thing.
remaining land and/or (2) The bad use must cause considerable injury not to
owner may pay interest the thing, but to the owner.
on value of both (a) Destruction of a building over which the
materials and land (607). usufruct is constituted (Arts. 607 and 608)
If owner rebuilds,
usufruct does not
continue on new
building, but owner must
pay interest on value of
land and old materials. Easement
When insurance taken by Insurance proceeds goes
usufructuary only to the usufructuary. (1) An encumbrance imposed upon an immovable
depends on value of No obligation to rebuild. for the benefit of another immovable belonging
usufructuary’s insurable Usufruct continues on to a different owner (NCC 613)
interest the land. (2) A real right which burdens a thing with a
Owner has no share in prestation of determinate servitudes for the
insurance proceeds. exclusive enjoyment of one who is NOT an owner
of a tenement
(3) A real right by virtue of which the owner has to
TERMINATION OF RIGHT OF PERSON CONSTITUTING THE
ABSTAIN from doing or ALLOW somebody else
USUFRUCT
to do something to his property for the benefit of
Example: usufructs constituted by a vendee a retro another
terminate upon redemption
Dominant Estate – the immovable in favor of which
PRESCRIPTION
the easement is established
(1) Adverse possession against the owner or the
usufructuary. Servient Estate – the immovable which is subject to
(2) It is not the non-use which extinguishes the the easement
rd
usufruct by prescription, but the use by a 3
person. CHARACTERISTICS
(3) There can be no prescription as long as the ESSENTIAL FEATURES:
usufructuary receives the rents from the lease of (1) It is a real right – it gives an action in rem or real
the property, or he enjoys the price of the sale of action against any possessor of the servient estate
his right. (a) Owner of the dominant estate can file a real
action for enforcement of right to an
CONDITIONS NOT AFFECTING USUFRUCT easement
EXPROPRIATION OF THING IN USUFRUCT (NCC 609)
(b) Action in rem: an action against the thing
3 Situations itself, instead of against the person.
(1) If naked owner alone was given the indemnity, he
has the option: (2) It is a right enjoyed over another property (jus in re
(a) To replace with equivalent thing aliena) – it cannot exist in one’s property (nulli res
(b) Or to pay to the usufructuary legal interest on sua servit)
the indemnity – requires security given by the When a dominant and servient estate have the
naked owner for the payment of the interest same owner, an easement is extinguished.

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Separate ownership is a prerequisite to an
easement.
(3) It is a right constituted over an immovable by
nature (land and buildings), not over movables.
(Article 613)
Immovable: used in its common and not in the
legal sense, meaning only property immovable
BY NATURE can have easements.
(4) It limits the servient owner’s right of ownership for
the benefit of the dominant estate.
(a) Right of limited use but no right to possess
servient estate.
(b) There exists a limitation on ownership: the
dominant owner is allowed to enjoy or use
part of the servient estate, or imposes on the
owner a restriction as to his enjoyment of his
own property.
(i) Being an abnormal limitation of
ownership, it cannot be presumed.
(5) It creates a relation between tenements
No transfer of ownership, but a relationship is
created, depending on the easement.
(6) Generally, it may consist in the owner of the
dominant estate demanding that the owner of the
servient estate refrain from doing something
(servitus in non faciendo) or that the latter permit
that something be done over the servient property
(servitus in patendo), but not in the right to
demand that the owner of the servient do
something (servitus in faciendo) except if such act
is an accessory obligation to a praedial servitude
(obligation propter rem)
Servient owner merely allows something to be
done to his estate.
Exceptions: Praedial servitudes
(a) Right to place beams in an adjoining wall to
support a structure
(b) Right to use another’s wall to support a
building
(7) It is inherent or inseparable from estate to which
they actively or passively belong (NCC 617)
(a) Easements are merely accessory to the
tenements, and a “quality thereof.” They
cannot exist without tenements.
(b) Easements exist even if they are not expressly
stated or annotated as an encumbrance on
the titles.
(8) It is intransmissible – it cannot be alienated
separately from the tenement affected or
benefited
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Any alienation of the property covered carries
with it the servitudes affecting said property. But
this affects only the portion of the tenement with
the easement, meaning the portions unaffected
can be alienated without the servitude.
(9) It is indivisible (NCC 618)
(a) If the servient estate is divided between two or
more persons, the easement is not modified,
and each of them must bear it on the part
which corresponds to him
(b) If the dominant estate is divided between two
or more persons, each of them may use the
easement in its entirety, without changing the
place of its use, or making it more
burdensome in any other way
(10) It has permanence – once it attaches, whether
used or not, it continues and may be used anytime
Perpetual: exists as long as property exists, unless
it is extinguished.
CLASSIFICATION
AS TO RECIPIENT OF BENEFITS
(1) Real or Praedial: exists for the benefit of a
particular tenement.
(2) Personal: exists for the benefit of persons without
a dominant tenement e.g. usus habitatio (right to
reside in a house) and operae servorum (right to
the labor of slaves) in Roman Law
AS TO CAUSE OR ORIGIN
(1) Legal: created by law, whether for public use or
for the interest of private persons
(a) Once requisites are satisfied, the owner of the
dominant estate may ask the Court to declare
that an easement is created.
(b) Example: Natural drainage of waters,
Abutment of land, Aqueduct, etc.
(2) Voluntary: Created by the will of the owners of the
estate through contract
Note: There is no such thing as a JUDICIAL
EASEMENT. The Courts cannot create easements,
they can only declare the existence of one, if it exists
by virtue of the law or will of the parties.
AS TO ITS EXERCISE (NCC 615)
(1) Continuous: Use is or may be incessant, without
the intervention of any man
(2) Discontinuous: Used at intervals, and dependent
upon the acts of man.
Note: This classification is important in determining
prescription: only continuous and apparent
easements can be created by prescription
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AS INDICATION OF ITS EXISTENCE
(1) Apparent: Made known and continually kept in
view by external signs that reveal the use and
enjoyment of the same
(2) Non-apparent: No external indication of their
existence
Note: Also important for purposes of prescription
BY THE OBJECT OR OBLIGATION IMPOSED (NCC 616)
(1) Positive: Imposes upon the owner of the servient
estate the obligation of allowing something to be
done, or doing it himself
(2) Negative: Prohibits the owner of the servient
estate from doing something which he could
lawfully do if the easement did not exist.
e.g. Negative Easement of Light and View: An
opening is made on the wall of the dominant
estate, and the easement consists of imposing
upon the servient estate the obligation to not
build anything that would obstruct the light
Note: Prescription starts to run from service of
notarial prohibition
GENERAL RULES
(1) Nulli res sua servi: No one can have a servitude
over one’s own property
(2) Servitus in faciendo consistere nequit: A servitude
cannot consist in doing
(a) Although some easements seem to impose a
positive prestation upon the owner of the
servient estate, in reality, the primary
obligation is still negative.
(b) Illustration: Under Article 680: the owner of a
tree whose branches extend over to a
neighboring property is required to cut off the
extended branches, but the real essence of
the easement is the obligation NOT TO
ALLOW the branches of the tree to extend
beyond the land
(3) Servitus servitutes esse non potes: There can be no
servitude over another servitude
(4) A servitude must be exercised civiliter – in a way
least burdensome to the owner of the land
(5) A servitude must have a perpetual cause
RELEVANCE OF CLASSIFICATIONS
DETERMINES WHAT EASEMENTS CAN BE ACQUIRED BY
PRESCRIPTION
Continuous and apparent easements may be
acquired by prescription of 10 years (NCC 620)
DETERMINES WHAT EASEMENTS CAN BE ACQUIRED BY
TITLE
(1) Continuous nonapparent easements, and
discontinuous ones, whether apparent or not,
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PROPERTY BAR OPERATIONS COMMISSION
may be acquired only by virtue of a title (NCC
622)
(2) The existence of an apparent sign of easement
between two estates, established or maintained
by the owner of both, shall be considered, as a
title in order that the easement may continue
actively and passively.
Unless: At the time the ownership of the two
estates is divided, the contrary should be
provided in the title of conveyance of either of
them, or the sign aforesaid should be removed
before the execution of the deed. This provision
shall also apply in case of the division of a thing
owned in common by two or more persons. (NCC
624)
DETERMINES HOW TO COMPUTE THE PRESCRIPTIVE
PERIOD (NCC 621)
(1) In positive easements, from the day on which the
owner of the dominant estate, or the person who
may have made use of the easement,
commenced to exercise it upon the servient
estate
(2) In negative easements, from the day on which the
owner of the dominant estate forbade, by an
instrument acknowledged before a notary public,
the owner of the servient estate from executing
an act which would be lawful without the
easement.
DETERMINES HOW EASEMENT IS LOST BY PRESCRIPTION
[NCC 631 (2)]
By nonuser for 10 years
(1) With respect to discontinuous easements, this
period shall be computed from the day on which
they ceased to be used
(2) With respect to continuous easements, from the
day on which an act contrary to the same took
place
CREATION
BY TITLE
(1) Continuous and apparent easements may be
acquired by virtue of a title (NCC 620)
(2) Continuous nonapparent easements, and
discontinuous ones, whether apparent or not, are
acquired only by virtue of a title (NCC 622)
(3) The absence of a document or proof showing the
origin of an easement which cannot be acquired
by prescription may be cured by a deed of
recognition by the owner of the servient estate or
by a final judgment (NCC 623)
(4) The existence of an apparent sign of easement
between two estates, established or maintained
by the owner of both, shall be considered as a
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title in order that the easement may continue
actively and passively.
Unless: at the time the ownership of the two
estates is divided, the contrary should be
provided in the title of conveyance of either of
them, or the sign aforesaid should be removed
before the execution of the deed. This provision
shall also apply in case of the division of a thing
owned in common by two or more persons. (NCC
624)
BY LAW (LEGAL EASEMENTS)
(1) Easements imposed by law have for their object
either public use or the interest of private persons
(NCC 634)
(2) These easements may be modified by agreement
of the interested parties, whenever the law does
not prohibit it or no injury is suffered by a third
person (NCC 636)
BY WILL OF THE OWNERS (VOLUNTARY EASEMENTS)
Every owner of a tenement or piece of land may
establish the easements which he may deem
suitable and best (NCC 688)
BY PRESCRIPTION
Continuous and apparent easements may be
acquired by prescription of 10 years (NCC 620)
LEGAL EASEMENTS
LAW GOVERNING LEGAL EASEMENTS
For public easements
(1) Special laws and regulations relating thereto (ex:
PD 1067 and PD 705)
(2) By the provisions of Chapter 2, Title VII, Book II,
NCC
For private legal easements
(1) By agreement of the interested parties whenever
the law does not prohibit it and no injury is
rd
suffered by a 3 person
(2) By the provisions of Chapter 2, title VII, Book II
VOLUNTARY EASEMENTS
(1) Every owner of a tenement or piece of land may
establish thereon the easements which he may
deem suitable, and in the manner and form
which he may deem best (NCC 688)
(2) The owner of a thing, the usufruct of which
belongs to another, may impose, without the
consent of the usufructuary, any servitudes which
will not injure the right of usufruct (NCC 689)
(3) Whenever the naked ownership belongs to one
person and the beneficial ownership to another,
no perpetual voluntary easement may be
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PROPERTY BAR OPERATIONS COMMISSION
established thereon without the consent of both
owners. (NCC 690)
(4) Consent of all co-owners is required to impose an
easement on an undivided tenement (NCC 691)
RIGHTS AND OBLIGATIONS OF OWNERS OF
DOMINANT AND SERVIENT ESTATES
RIGHT OF DOMINANT ESTATE OWNER
(1) To use the easement and exercise all rights
necessary for it (NCC 625, 626)
(a) Owner of the dominant estate is granted the
right to use the principal easement, and all
accessory servitudes
(b) Example: Easement of drawing water carries
with it the easement of right of way to the
place where water is drawn.
(c) Limitation: Only for the original immovable
and the original purpose
(2) To do at his expense, all necessary works for the
use and preservation of the easement (NCC 627)
Necessity of the works determine extent of such
works.
(3) In a right of way, to ask for change in width of
easement sufficient for needs (NCC 651)
Encarnacion v. Court of Appeals: The Court
granted the modification of the easement stating
that under the law, the needs of the dominant
property ultimately determine the width of the
passage. And these needs may vary from time to
time.
OBLIGATIONS OF DOMINANT ESTATE OWNER
(1) To use the easement for the benefit of immovable
and in the manner originally established (NCC
626)
If established for a particular purpose, the
easement cannot be used for a different one.
However, if established in a general way, without
specific purpose, the easement can be used for
all the needs of the dominant estate.
(2) To notify owner of servient before making repairs
and to make repairs in a manner least
inconvenient to servient estate [NCC 627(2)]
(3) Not to alter easement or render it more
burdensome
(a) Owner of dominant estate may make repairs
at his expense, but cannot alter the easement
or make it more burdensome. (NCC 627)
(b) Court allowed Central to use the right of way
to transport the additional sugar. This did not
make the easement more burdensome nor
did it alter it. What is prohibited is extending
the road or repairing it or depositing
excavations outside the area. But the
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additional use produced no such effects.
(Valderama v. North Negros)
(4) To contribute to expenses of works necessary for
use and preservation of servitude, if there are
several dominant estates, unless he renounces his
interest (NCC 628)
(a) The contribution is in proportion to the
benefits which each may derive from the work
(b) Anyone who does not wish to contribute may
exempt himself by renouncing the easement
for the benefit of the others
(c) If the owner of the servient estate should
make use of the easement in any manner
whatsoever, he shall also be obliged to
contribute to the expenses in the proportion
stated, saving an agreement to the contrary
RIGHT OF SERVIENT ESTATE OWNER
(1) To retain ownership and use of his property
(a) The owner of the servient estate retains the
ownership of the portion on which the
easement is established, and may use the
same in such a manner as not to affect the
exercise of the easement. (NCC 630)
(b) Servient owner must respect the use of the
servitude, but retains ownership and use of
the same, in a manner not affecting the
easement.
(2) To change the place and manner of the use of the
easement (NCC 629)
General rule: The owner of the servient estate
cannot impair the use of the servitude
Exception:
(a) By reason of the place/manner originally
assigned, the use of such easement has
become VERY INCONVENIENT to the owner
(b) The easement should prevent him from
making any important works, repairs or
improvements thereon
(c) Change must be done at his expense
(d) He offers another place or manner equally
convenient
(e) In such a way that no injury is caused by the
change to the owner of the dominant estate
or to those who may have a right to use the
easement
(3) To use the easement
May use the easement but must also contribute
proportionately to the expenses
OBLIGATIONS OF SERVIENT ESTATE OWNER
(1) Not to impair the use of the easement [NCC
629(1)]
(2) To contribute proportionately to expenses if he
uses the easement [NCC 628(2)]
Unless there is an agreement to the contrary
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PROPERTY BAR OPERATIONS COMMISSION
KINDS OF LEGAL EASEMENTS
(1) Natural drainage (NCC 637)
(2) Riparian banks (NCC 638)
(3) Drainage of buildings (NCC 674)
(4) Dam (NCC 639)
(5) Drawing water (NCC 640-41)
(6) Aqueduct (NCC 642-646)
(7) Sluice gate (647)
(8) Right of way (NCC 649-657)
(9) Party wall (NCC 658-666)
(10) Light and view (NCC 667-681)
(11) Intermediate distances (NCC 677-681)
(12) Nuisance (NCC 682-683)
(13)Lateral and subjacent support (684-687)
NATURAL DRAINAGE
(1) Lower estates are obliged to receive the waters
which naturally and without the intervention of
man descend from the higher estates (as well as
the stones or earth which they carry with them)
(2) The owner of the lower estate cannot construct
those which will impede this easement
(3) The owner of the higher estate cannot construct
those which will increase the burden.
RIPARIAN BANKS
(1) The banks of rivers and streams are subject
throughout their entire length and within a zone
of 3 meters along their margins, to the easement
of public use in the general interest of navigation,
floatage, fishing, and salvage.
(2) Estates adjoining the banks of navigable or
floatable rivers are subject to the easement of
towpath for the exclusive service of river
navigation and floatage.
(3) If it be necessary to occupy lands of private
ownership, the proper indemnity shall first be
paid.
DRAINAGE OF BUILDINGS
(1) The owner of a building is obliged to construct its
roof or covering in such manner that the rain
water shall fall on his own land or on a street or
public place, and NOT on the land of his
neighbor, even though the adjacent land may
belong to two or more persons, one of whom is
the owner of the roof.
(2) Even if it should fall on his own land, the owner
shall be obliged to collect the water in such a way
as not to cause damage to the adjacent land or
tenement.
DAM
Whenever it should be necessary to build a dam, and
the person who is to construct it is not the owner of
the banks, or lands which must support it, he may
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establish the easement of abutment of a dam, after
payment of the proper indemnity.
DRAWING WATER
(1) Compulsory easements for drawing water or for
watering animals can be imposed only for
reasons of public use in favor of a town or village,
after payment of the proper indemnity.
(2) Easements for drawing water and for watering
animals carry with them the obligation of the
owners of the servient estates to allow passage to
persons and animals to the place where such
easements are to be used, and the indemnity
shall include this service.
AQUEDUCT
(1) Any person who may wish to use upon his own
estate any water of which he can dispose shall
have the right to make it flow through the
intervening estates, with the obligation to
indemnify their owners, as well as the owners of
the lower estates upon which the waters may
filter or descend.
(2) Person desiring to make use of this right is
obliged to:
(a) To prove that he can dispose of the water and
that it is sufficient for the use for which it is
intended;
(b) To show that the proposed right of way is the
most convenient and the least onerous to
third persons;
(c) To indemnify the owner of the servient estate
in the manner determined by the laws and
regulations
(3) Easement of aqueduct for private interest cannot
be imposed on buildings, courtyards, annexes, or
outhouses, or on orchards or gardens already
existing
(4) This easement does not prevent the owner of the
servient estate from closing or fencing it, or from
building over the aqueduct in such manner as not
to cause the latter any damage, or render
necessary repairs and cleanings impossible
(5) This easement is considered as continuous and
apparent, even though the flow of the water may
not be continuous, or its use depends upon the
needs of the dominant estate, or upon a schedule
of alternate days or hours.
SLUICE GATE
(1) Constructing a stop lock or sluice gate in the bed
of the stream from which the water is to be taken,
for the purpose of improving an estate
(2) Such person may demand that the owners of the
banks permit its construction, after payment of
damages, including those caused by the new
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PROPERTY BAR OPERATIONS COMMISSION
easement to such owners and to the other
irrigators.
RIGHT OF WAY
Who may demand:
(1) The owner of the dominant estate
(2) Any person with the real right to cultivate or use
the immovable e.g. a usufructuary
Note: a lessee cannot demand such easement,
because the lessor is the one bound to maintain
him in the enjoyment of the property
Requisites:
(1) Dominant estate is surrounded by other
immovables owned by other persons
(2) There must absolutely be no access to a public
highway
(3) Even if there is access, it is difficult or dangerous
to use, or grossly insufficient
(a) Mere inconvenience in the use of an outlet
does not render the easement a necessity.
(b) An adequate outlet is one that is sufficient for
the purpose and needs of the dominant
owner, and can be established at a
reasonable expense.
(c) Does not necessarily have to be by land – an
outlet through a navigable river if suitable to
the needs of the tenement is sufficient.
(4) Isolation of the immovable is NOT due to the
dominant owner’s own acts e.g. if he constructs
building to others obstructing the old way
(5) Payment of indemnity
(a) If right of way is permanent and continuous
for the needs of the dominant estate = value
of the land + amount of damage caused to
the servient estate
(b) If right of way is limited to necessary passage
for cultivation of the estate and for gathering
crops, without permanent way = damage
caused by encumbrance.
Rules For Establishing The Right Of Way
(1) Must be established at the point LEAST
prejudicial to the servient estate (NCC 650)
(2) Insofar as consistent with the first rule, where the
distance from the dominant estate to a public
highway is shortest
(3) The criterion of least prejudice to the servient
estate must prevail over the criterion of shortest
distance although this is a matter of judicial
appreciation. While shortest distance may
ordinarily imply least prejudice, it is not always so
as when there are permanent structures
obstructing the shortest distance; while on the
other hand, the longest distance may be free of
UP COLLEGE OF LAW
obstructions and the easiest or most convenient
to pass through. (Quimen v. CA)
(4) The fact that LGV had other means of egress to
the public highway cannot extinguish the said
easement, being voluntary and not compulsory.
The free ingress and egress along Mangyan Road
created by the voluntary agreement between the
parties is thus legally demandable with the
corresponding duty on the servient estate not to
obstruct the same. (La Vista Association v. CA)
(5) Width of the easement shall be that which is
sufficient for the needs of the dominant estate
(6) Easement may be changed from time to time
depending upon the needs of the dominant
tenement
(7) The width of the easement of right of way shall
be that which is sufficient for the needs of the
dominant estate, and may accordingly be
changed from time to time. (NCC 651)
(8) Necessary repairs for a permanent right of way
shall be made by the DOMINANT OWNER.
(9) A proportionate share of taxes shall be
reimbursed by the dominant owner to the
proprietor of the servient estate
(a) If the right of way is permanent, the necessary
repairs shall be made by the owner of the
dominant estate. A proportionate share of the
taxes shall be reimbursed by said owner to
the proprietor of the servient estate (NCC
654)
(10) In cases where the dominant estate needing the
right of way is acquired by sale, exchange or
partition and the Estate is surrounded by other
estates owned by the vendor, exchanger or co-
owner
(11) Vendor, exchanger or co-owner shall grant the
right of way WITHOUT INDEMNITY
(a) Granting the servitude without indemnity is a
tacit condition of the sale, exchange or
partition: each party receives something
(12) Donor (simple donation) must still be
indemnified for right of way
(a) Grantor receives nothing from the grantee,
therefore no implied condition as to a right of
way is constituted
(13)If the land of the grantor is the one which
becomes isolated, he may demand right of way
after paying an indemnity
(a) Whenever a piece of land acquired by sale,
exchange or partition, is surrounded by other
estates of the vendor, exchanger, or co-owner,
he shall be obliged to grant a right of way
without indemnity. In case of a simple
donation, the donor shall be indemnified by
the donee for the establishment of the right of
way. (NCC 652)
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PROPERTY BAR OPERATIONS COMMISSION
Extinguishment
(1) Owner has joined the dominant estate to another
abutting the public road
(2) A new road is opened giving access to the
isolated estate
(3) Extinguishment is NOT automatic. The owner of
the servient estate must ask for such
extinguishment
(4) Indemnity paid to the servient owner must be
returned:
(a) If easement is permanent: value of the land
must be returned
(b) If easement is temporary: nothing to be
returned
Special Rights Of Way
(1) Right of way to carry materials for the
construction, repair, improvement, alteration or
beautification of a building through the estate of
another
(2) Right of way to raise on another’s land
scaffolding or other objects necessary for the
work
(a) If it be indispensable for the construction,
repair, improvement, alteration or
beautification of a building, to carry materials
through the estate of another, or to raise
therein scaffolding or other objects necessary
for the work, the owner of such estate shall be
obliged to permit the act, after receiving
payment of the proper indemnity for the
damage caused him. (NCC 656)
(3) Right of way for the passage of livestock known
as animal path, animal trail, watering places,
resting places, animal folds (NCC 657)
(a) Easements of the right of way for the passage
of livestock known as animal path, animal
trail or any other, and those for watering
places, resting places and animal folds, shall
be governed by the ordinances and
regulations relating thereto, and, in the
absence thereof, by the usages and customs
of the place.
(b) Without prejudice to rights legally acquired,
the animal path shall not exceed in any case
the width of 75 meters, and the animal trail
that of 37 meters and 50 centimeters.
(c) Whenever it is necessary to establish a
compulsory easement of the right of way or
for a watering place for animals, the
provisions of this Section and those of Articles
640 and 641 shall be observed. In this case
the width shall not exceed 10 meters
PARTY WALL
Refers to all those mass of rights and obligations
emanating from the existence and common
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enjoyment of wall, fence, enclosures or hedges, by When existence of exterior sign is presumed (NCC
the owners of adjacent buildings and estates 660)
separated by such objects (1) Whenever in the dividing wall of buildings there is
a window or opening
Nature (2) Whenever the dividing wall is, on one side,
(1) A common wall which separates two estates, straight and plumb on all its facement, and on
built by common agreement at the dividing line the other, it has similar conditions on the upper
such that it occupies a portion of both estates on part, but the lower part slants or projects
equal parts outward
(2) A party wall is a co-ownership (a kind of (3) Whenever the entire wall is built within the
compulsory co-ownership) boundaries of one of the estates
(a) Each owner owns part of the wall but it (4) Whenever the dividing wall bears the burden of
cannot be separated from the other portions the binding beams, floors and roof frame of one
belonging to the others. A party wall has a of the buildings, but not those of the others
special characteristic that makes it more of an (5) Whenever the dividing wall between courtyards,
easement as it is called by law gardens, and tenements is constructed in such a
(b) An owner may use a party wall to the extent way that the coping sheds the water upon only
of the ½ portion on his property. one of the estates
(6) Whenever the dividing wall, being built of
Co-Ownership Party Wall masonry, has stepping stones, which at certain
intervals project from the surface on one side
Before division of shares, Shares of the co-owners only, but not on the other
a co-owner cannot point cannot be physically (7) Whenever lands enclosed by fences or live
to any definite portion of segregated but they can hedges adjoin others which are not enclosed
the property as belonging be physically identified
to him Note: The deposit of earth or debris on one side
alone is an exterior sign that the owner of that
None of the co-owners No such limitation
side is the owner of the ditch or drain. The
may use the community
presumption is an addition to those enumerated
property
in NCC 660.
for his exclusive benefit
because he would be
invading the rights of the
Demolition of building supported by party wall
others
(1) An owner may also renounce his part ownership
In a co-ownership, partial Any owner may free of a party wall if he desires to demolish his
renunciation himself from contributing building supported by the wall.
is allowed to the cost of repairs and (2) He shall bear all the expenses of repairs and work
construction of a party necessary to prevent any damage which the
wall by renouncing all his demolition may cause to the party wall.
rights thereto
Increasing height of party wall
When existence of easement of party wall presumed An owner is given the right to increase the height of a
(1) In dividing walls of adjoining buildings up to the party wall subject to the following conditions:
point of common elevation (1) He must do so at his own expense;
(2) In dividing walls of gardens or yards situated in (2) He must pay for any damage which may be
cities, or towns, or in rural communities caused thereby even if the damage is temporary;
(3) In fences, walls and live hedges dividing rural (3) He must bear the cost of maintaining the portion
lands added;
(4) He must pay the increased cost of preservation of
Note: may be rebutted by a title or exterior sign, the wall
or any other proof showing that the entire wall in
controversy belongs exclusively to one of the Proportional use of party wall
adjoining property-owners The part owners share in the expenses of
maintaining a party wall in proportion to the interest
of each

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LIGHT AND VIEW
Definition
(1) Easement of light (jus luminum) is the right to
admit light from the neighboring estate by virtue
of the opening of a window or the making of
certain openings
(2) Easement of view (jus prospectus) is the right to
make openings or windows, to enjoy the view
through the estate of another and the power to
prevent all constructions or works which would
obstruct such view or make the same difficult.
(a) Necessarily includes the easement of light
(b) It is possible to have light only without view
Nature
(1) Positive: Opening a window through a party wall
When a part owner of a party wall opens a
window therein, such act implies the exercise of
the right of ownership by the use of the entire
thickness of the wall = invasion of the right of the
other part owners / violation of the right to
proportional use of the party wall.
(2) Negative: Formal prohibition upon the owner of
the adjoining land or tenement
(a) When a person opens a window on his own
building, he does nothing more than
exercise an act of ownership on his property.
(i) Does not establish an easement
(b) Coexistent is the right of the owner of the
adjacent property to build on his own land,
even if such structures cover the window
(c) If the adjacent owner does not build
structures to obstruct the window, such is
considered mere tolerance and NOT a
waiver of the right to build.
(d) An easement is created only when the
owner opens up a window, prohibits or
restrains the adjacent owner from doing
anything, which may tend to cut off or
interrupt the light + prescriptive period
Easement against Direct view
(1) Acquired by the person who opens the window
(2) The following structures cannot be built without
following the prescribed distances
(a) Window, apertures, balconies and other
projections with a direct view upon or towards
an adjoining land must have a distance of 2
METERS between the wall and the contiguous
property.
(b) For structures with a side or oblique view (at
an angle from the boundary line), there
should be a distance of 60 centimeters.
(c) Measured from:
(i) The outer line of the wall if the openings
do not project
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PROPERTY BAR OPERATIONS COMMISSION
(ii) The outer line of the openings if they
project
(iii) The dividing line between the two
properties in cases of oblique view
(d) If distances are not complied with:
(i) Windows are considered unlawful
openings
(ii) Owner may be ordered by the Court to
close them
(iii) Even if the adjoining owner does not
object to the construction of such
structures at first, he cannot be held to
be in estoppel, except if 10-year period of
acquisitive prescription has passed.
(iv) Does not give rise to prescription
(v) Mere opening of the window in violation
of the distances does not give rise to the
easement of light and view by
prescription
(3) In buildings separated by a public way or alley,
not less than 3 meters wide, the distances
required (2 m, 60 cm) do not apply
(4) If an easement is acquired to have direct views,
balconies or belvederes, the owner of the servient
estate must not build at less than 3 meters from
the boundary line of the two tenements.
(a) The distances may be stipulated by the
parties, but should not be less than what is
prescribed by the law (2 meters and 60 cm)
Exception to Easement Vs. Direct View
(1) Owners of a wall (not a party wall) adjoining a
tenement of another can make openings to admit
light without complying with the distance
requirements SO LONG AS:
(a) Openings are made at the height of the
ceiling joists (horizontal beams) or
immediately under the ceiling
(i) Size: 30 cm square
(ii) With iron grating imbedded in the wall
(iii) With a wire screen
(2) But owner of the adjoining estate can close the
opening if:
(a) He acquires part ownership of the party wall
(b) He constructs a building or raises a wall on his
land, unless an easement of light has been
acquired
(3) If requirements are not complied with, the owner
of the adjoining estate may compel the closure of
the opening.
(4) The action to compel the closing of the opening
may prescribe if the opening is permitted without
protest.
(a) BUT prescription of the action to compel the
closure of the opening DOES NOT MEAN that
the servitude of light and view has been
acquired.
UP COLLEGE OF LAW
(b) Period of acquisitive prescription will only
start to run from the time the owner asserting
the servitude has forbidden the owner of the
adjoining tenement from doing something he
could lawfully do.
(c) THUS, although the action to compel the
closure might have prescribed, the owner of
the adjoining estate may still build on his own
land a structure which might obstruct the
view.
INTERMEDIATE DISTANCES (NCC 677)
NCC 677, in effect, establishes an easement in favor
of the State. The general prohibition is dictated by
the demands of national security.
The following must comply with the regulations or
customs of the place:
(1) Construction of aqueduct, well, sewer, etc. (678)
Constructions which by reason of their nature or
products are dangerous or noxious
(2) Planting of trees (NCC 679)
(a) No trees shall be planted near a tenement or
piece of land belonging to another except at
the distance authorized by the ordinances or
customs of the place
(b) In the absence of regulations:
(i) At least 2 meters from the dividing line
of the estates if tall trees are planted
(ii) At least 50 centimeters if shrubs or
small trees are planted
(c) In case of violation, a landowner shall have
the right to demand the uprooting of the
plant even if it has grown spontaneously.
Branches, roots, and fruits:
(1) If the branches of any tree should extend over a
neighboring estate, tenement, garden or yard,
the owner of the latter shall have the right to
demand that they be cut-off
(2) If it be the roots of a neighboring tree which
should penetrate into the land of another, the
latter may cut them off himself within his
property
(3) Fruits naturally falling upon adjacent land belong
to the owner of said land.
NUISANCE
A nuisance is any act, omission, establishment,
business, condition of property, or anything else
which:
(1) Injures or endangers the health or safety of
others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality;
or
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PROPERTY BAR OPERATIONS COMMISSION
(4) Obstructs or interferes with the free passage of
any public highway or street, or any body of
water; or
(5) Hinders or impairs the use of property.
LATERAL AND SUBJACENT SUPPORT
(1) The proprietor is prohibited from making
dangerous excavations.
(a) No proprietor shall make such excavations
upon his land as to deprive any adjacent land
or building of sufficient lateral or subjacent
support.
(2) Easement of lateral and subjacent support is
deemed essential to the stability of buildings
(3) Support is lateral when the supported and
supporting lands are divided by a vertical plane.
(4) Support is subjacent when the supported land is
above and the supporting land is beneath it.
MODES OF ACQUIRING EASEMENT
BY TITLE
Juridical act which gives rise to the servitude (e.g.
law, donations, contracts or wills)
(1) If easement has been acquired but no proof of
existence of easement available, and easement is
one that cannot be acquired by prescription
The defect may be cured by:
(a) Deed of recognition by owner of servient estate:
By affidavit or a formal deed acknowledging
the servitude
(b) By final judgment: Owner of the dominant
estate must file a case in Court to have the
easement declared by proving its existence
through other evidence
(2) Existence of an apparent sign considered as title
Illustration: The presence of 4 windows was
considered an apparent sign which created a
negative easement of light and view (altius non
tollendi) i.e. not to build a structure that will
cover the windows. (Amor v. Florentino)
BY PRESCRIPTION
Requisites
(1) Easement must be continuous and apparent.
(2) Easement must have existed for 10 years.
(3) NO NEED for good faith or just title.
EXTINGUISHMENT OF EASEMENTS
(1) By merger in the same person of the ownership of
the dominant and servient estates
(2) By nonuser for ten years
(3) When either or both of the estates fall into such
condition that the easement cannot be used
UP COLLEGE OF LAW
(4) By the expiration of the term or the fulfillment of
the condition, if the easement is temporary or
conditional
(5) By the renunciation of the owner of the dominant
estate;
(6) By the redemption agreed upon between the
owners of the dominant and servient estates
MERGER
Must be absolute, perfect and definite, not merely
temporary
(1) Absolute: Ownership of the property must be
absolute, thus not applicable to lease, usufruct,
etc.
(2) Perfect: Merger must not be subject to a
condition
(3) If the merger is temporary, there is at most a
suspension of the easement, but no
extinguishment.
BY NON-USER FOR 10 YEARS
(1) Owner of dominant estate does not exercise right
over easement.
(2) Inaction, not outright renunciation.
(3) Due to voluntary abstention by the dominant
owner, and not due to a fortuitous event
(4) Computation of the period
(a) Discontinuous easements: counted from the
day they ceased to be used
(b) Continuous easements: counted from the day
an act adverse to the exercise of the easement
took place
(i) E.g. in an easement of light and view,
the erection of works obstructing the
servitude would commence the period of
prescription
(5) Use by a co-owner of the dominant estate bars
prescription with respect to the others
(6) Servitudes not yet exercised cannot be
extinguished by non-user
(a) An easement must have first been used,
before it can be extinguished by inaction.
EXTINGUISHMENT BY IMPOSSIBILITY OF USE
(1) Impossibility referred to must render the entire
easement unusable for all time.
(2) Impossibility of using the easement due to the
condition of the tenements (e.g. flooding) only
suspends the servitude until it can be used again.
(3) Except: If the suspension exceeds 10 years, the
easement is deemed extinguished by non-user
EXPIRATION OF THE TERM OR FULFILLMENT OF
RESOLUTORY CONDITION
Applicable only to voluntary easements
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RENUNCIATION OF THE OWNER OF THE DOMINANT ESTATE
Must be specific, clear, express (distinguished from
non-user)
REDEMPTION AGREED UPON BETWEEN THE OWNERS
OTHER CAUSES NOT MENTIONED IN NCC 631
(1) Annulment and rescission of the title constituting
the voluntary easement
(2) Termination of the right of grantor of the
voluntary easement
(3) Abandonment of the servient estate
(a) Owner of the servient estate gives up
ownership of the easement (e.g. the strip of
land where the right of way is constituted) in
favor of the dominant estate.
(b) The easement is extinguished because
ownership is transferred to the dominant
owner, who now owns both properties.
(4) Eminent domain
(a) The government’s power to expropriate
property for public use, subject to the
payment of just compensation.
(5) Special cause for extinction of legal rights of way;
if right of way no longer necessary
(a) NCC 655
(i) If the right of way granted to a
surrounded estate ceases to be
necessary because its owner has joined it
to another abutting on a public road, the
owner of the servient estate may
demand that the easement be
extinguished, returning what he may
have received by way of indemnity. The
interest on the indemnity shall be
deemed to be in payment of rent for the
use of the easement.
(ii) The same rule shall be applied in case a
new road is opened giving access to the
isolated estate.
(iii) In both cases, the public highway must
substantially meet the needs of the
dominant estate in order that the
easement may be extinguished.
(b) Right of way ceases to be necessary:
(i) Owner of the of the dominant estate has
joined to another abutting on a public
road
(ii) A new road is opened giving access to
the isolated estate
(c) Requisite: the public highway must
substantially meet the needs of the dominant
estate in order that the easement may be
extinguished
(d) Owner of the servient estate may demand
that the easement be extinguished.
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(e) Owner of the servient estate must return

Nuisance Negligence
indemnity he received (value of the land)
where the cause of action apply where the cause of
is for continuing harm action is for harm
caused by continuing or resulting from one act
Nuisance recurrent acts which
cause discomfort or
which created
unreasonable risk of
an

annoyance to plaintiff in injury.

A nuisance is any act, omission, establishment, the use of his property.
business, condition of property, or anything else
which: CLASSES
(1) Injures or endangers the health or safety of ACCORDING TO NATURE
others; or (1) Nuisance per se or at law
(2) Annoys or offends the senses; or An act, occupation or structure which is a
(3) Shocks, defies or disregards decency or morality; nuisance at all times and under any
or circumstances, regardless of location or
(4) Obstructs or interferes with the free passage of surroundings.
any public highway or street, or any body of
water; or (2) Nuisance per accidens or in fact
(5) Hinders or impairs the use of property. (a) One that becomes a nuisance by reason of
circumstances and surroundings.
Note: To constitute a nuisance there must be an (b) It is not a nuisance by its nature but it may
arbitrary or abusive use of property or disregard of become so by reason of the locality,
commonly accepted standards set by society. surrounding, or the manner in which it is
conducted, managed, etc.
NUISANCE V. TRESPASS
Nuisance Trespass Per se Per accidence
Use of one’s own property Direct infringement of The wrong is established Proof of the act and its
in such a manner as to another’s right of by proof of the mere act. consequences.
cause injury to the property. It becomes a nuisance as
property or right or a matter of law.
interest of another, and
generally results from the
ACCORDING TO SCOPE OF INJURIOUS EFFECTS
commission of an act
Test: not the number of persons annoyed but the
beyond the limits of the
possibility of annoyance to the public by the invasion
property affected.
of its rights – the fact that it is in a public place and
Injury is consequential Injury is immediate annoying to all who come within its sphere.
(1) Public
NUISANCE V. NEGLIGENCE (a) The doing of or the failure to do something
that injuriously affects the safety, health or
Nuisance Negligence
morals of the public.
Whether it was Whether the defendant’s (b) It causes hurt, inconvenience or injury to the
unreasonable for the use of his property was public, generally, or to such part of the public
defendant to act as he unreasonable as to as necessarily comes in contact with it.
did in view of the plaintiff, without regard (2) Private
threatened danger or to foreseeability of injury. One which violates only private rights and
harm to one in plaintiff’s produces damages to but one or a few persons
position.
Liability for the resulting Liability is based on a Public Private
injury to others regardless want of proper care
of the degree of care or Affects the individual or
Affects the public at
skill exercised to avoid a limited number of
large
such injury. individuals only
Need not affect the
Principles ordinarily apply Principles ordinarily
whole community or

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Public Private LIABILITY OF TRANSFEREES

The grantee of land upon which there exists a
hurt and injure all
nuisance created by his predecessors in title is NOT
the public. It is
responsible therefore merely because he becomes
sufficient if it affects
the owner of the premises, or merely because he
the surrounding
permits it to remain.
community
generally or if the
He shall be liable if he knowingly continues the
injury is occasioned
nuisance. Generally, he is not liable for continuing it
to such part of the
in its original form, unless he has been notified of its
public as come in
existence and requested to remove it, or has actual
contact with it.
knowledge that it is a nuisance and injurious to the
rights of others.
(3) Mixed
NATURE OF LIABILITY
DOCTRINE OF ATTRACTIVE NUISANCE
All persons who participate in the creation or
One who maintains on his premises dangerous
maintenance of a nuisance are jointly and severally
instrumentalities or appliances of a character likely to
liable for the injury done.
attract children in play, and who fails to exercise
ordinary care to prevent children from playing
If 2 or more persons who create or maintain the
therewith or resorting thereto, is liable to a child of
nuisance act entirely independent of one another,
tender years who is injured thereby, even if the child
and without any community of interest, concert of
is technically a trespasser in the premises.
action, or common design, each is liable only so far
as his acts contribute to the injury.
Basis of liability – The attractiveness is an invitation
to children. Safeguards to prevent danger must
For joint liability, there must be some joint or
therefore be set up.
concurrent act or community of action or duty, or the
several wrongful acts done at several times must
Note: A swimming pool or water tank is not an
have concurred in their effects as one single act to
attractive nuisance, for while it is attractive, it cannot
produce the injury complained of.
be a nuisance, being merely an imitation of the work
of nature. (Hidalgo Enterprises v. Balandan)
RIGHT TO RECOVER DAMAGES
The abatement of a nuisance does not preclude the
LIABILITY IN CASE OF NUISANCE
right of any person injured to recover damages for its
WHO ARE LIABLE
past existence. (NCC 697)
Every successive owner or possessor of property who
fails or refuses to abate a nuisance in that property
Abatement and damages are cumulative remedies.
started by a former owner or possessor is liable
therefor in the same manner as the one who created
NO PRESCRIPTION
it. (NCC 696)
The action to abate a public or private nuisance is
NOT extinguished by prescription. [NCC. 1143(2)]
LIABILITY OF CREATOR OF NUISANCE
He who creates a nuisance is liable for the resulting
REGULATION OF NUISANCES
damages and his liability continues as long as the
PUBLIC NUISANCE
nuisance continues.
Remedies
(1) There must be a breach of some duty on the part
The remedies against a public nuisance are:
of the person sought to be held liable for
(1) A prosecution under the Penal Code or any local
damages resulting from a nuisance before an
ordinance: or
action will lie against him.
(2) A civil action; or
(2) No one is to be held liable for a nuisance which
(3) Abatement, without judicial proceedings.
he cannot himself physically abate without legal
(a) It must be reasonably and efficiently exercised
action against another for that purpose.
(b) Means employed must not be unduly
(3) Where several persons, acting independently,
oppressive on individuals, and
cause damage by acts which constitute a
(c) No more injury must be done to the property
nuisance, each is liable for the damage which he
or rights of individuals than is necessary to
has caused or for his proportionate share of the
accomplish the abatement.
entire damage.

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(d) No right to compensation if property taken or
destroyed is a nuisance.
Action for abatement
(1) The district health officer shall take care that one
or all of the remedies against a public nuisance
are availed of.
(2) If a civil action is brought by reason of the
maintenance of a public nuisance, such action
shall be commenced by the city or municipal
mayor.
(3) The district health officer shall determine
whether or not abatement, without judicial
proceedings, is the best remedy against a public
nuisance.
(4) A private person may file an action on account of
a public nuisance if it is especially injurious to
himself.
General rule: Individual has no right of action against
a public nuisance. The abatement proceedings must
be instituted in the name of the State or its
representatives.
Exception: An individual who has suffered some
special damage different from that sustained by the
general public may maintain a suit in equity for an
injunction to abate it, or an action for damages which
he has sustained.
Action becomes a tort if an individual has suffered
particular harm, in which case the nuisance is treated
as a private nuisance with respect to such person.
Requisites of the right of a private individual to abate
a public nuisance
(1) That demand be first made upon the owner or
possessor of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district
health officer and executed with the assistance of
the local police; and
(4) That the value of the destruction does not exceed
P3000.
Rules:
(1) The right must be exercised only in cases of
urgent or extreme necessity. The thing alleged to
be a nuisance must be existing at the time that it
was alleged to be a nuisance.
(2) Summary abatement must be resorted to within
a reasonable time after knowledge of the
nuisance is acquired or should have been
acquired by the person entitled to abate.
(3) Person who has the right to abate must give
reasonable notice of his intention to do so, and
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PROPERTY BAR OPERATIONS COMMISSION
allow thereafter a reasonable time to enable the
other to abate the nuisance himself.
(4) Means employed must be reasonable and for any
unnecessary damage or force, the actor will be
liable. Right to abate is not greater than the
necessity of the case and is limited to the removal
of only so much of the objectionable thing as
actually causes the nuisance.
(5) Abatement must be approved by the district
health officer.
(6) Property must not be destroyed unless it is
absolutely necessary to do so.
(7) Right must always be exercised with the
assistance of local police so as not to disturb the
public peace.
PRIVATE NUISANCE
Remedies
The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
(a) The procedure for extrajudicial abatement of
a public nuisance by a private person be
followed
(b) Person extrajudicially abating a nuisance
liable for damages if:
(i) If he causes unnecessary injury
(ii) If an alleged nuisance is later declared
by the courts to be not a real nuisance
Remedies of property owner
A person whose property is seized or destroyed as a
nuisance may resort to the courts to determine
whether or not it was in fact a nuisance.
(1) Action for replevin
(2) Enjoin the sale or destruction of the property
(3) Action for the proceeds of its sale and damages if
it has been sold
(4) Enjoin private parties from proceeding to abate a
supposed nuisance
Modes of Acqiring Ownership
MODES OF ACQUIRING OWNERSHIP: (OLDTIPS)
(1) Occupation
(2) Law
(3) Donation
(4) Tradition
(5) Intellectual Property
(6) Prescription
(7) Succession
Mode is a specific cause which produces dominion
and other real rights as a result of the co-existence of
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special status of things, capacity and intention of The owner of a swarm of bees shall have a right to
persons and fulfillment of the requisites of law. pursue them to another’s land, indemnifying the
possessor of the latter for the damage.
Title is every juridical right which gives a means to
the acquisition of real rights but in itself is If the owner has not pursued the swarm, or ceases to
insufficient to produce them. do so within 2 consecutive days, the possessor of the
land may occupy or retain the same.
Ownership is not transferred by contract merely but
by tradition or delivery. Contracts only constitute The 20 days to be counted from their occupation by
titles or rights to transfer or acquisition of ownership, another person. This period having expired, they
while delivery is the mode of accomplishing the shall pertain to him who has caught and kept them.
same.
Occupation of domesticated animals
Mode Title Wild animals are possessed only while they are
under one's control; domesticated or tamed animals
Directly and immediately Serves merely to give the are considered domestic or tame if they retain the
produces a real right occasion for its acquisition habit of returning to the premises of the possessor.
or existence
Pigeons and fish
Cause Means
Pigeons and fish which from their respective
Proximate cause Remote cause breeding places pass to another pertaining to a
Essence of the right Means whereby that different owner shall belong to the latter, provided
which is to be created or “essence” is transmitted they have not been enticed by some artifice or fraud.
transmitted
Hidden treasure
He who by chance discovers hidden treasure in
OCCUPATION
another’s property: ½ shall be allowed to the finder.
Note: Ownership of land cannot be acquired by
occupation
If the finder is a trespasser, he shall not be entitled to
any share of the treasure.
REQUISITES
(a) Corporeal personal property
If the things found be of interest to science or the
(b) Property susceptible of appropriation
arts, the State may acquire them at their just price,
(c) Seizure with intent to appropriate
which shall be divided in conformity with the rule
(d) Res nullius (no owner) or res derelict (abandoned
stated
property)
(e) Observance of conditions prescribed by law
Lost movables; procedure after finding lost movables
Whoever finds a movable, which is not treasure, must
KINDS
return it to its previous possessor.
Of Animals
(1) Wild or feral animals – seizure (hunting/fishing)
If unknown, the finder shall immediately deposit it
in open season by means NOT prohibited
with the mayor of the city or municipality where the
(2) Tamed/domesticated animals – General Rule:
finding has taken place.
belong to the tamer, but upon recovering
freedom, are susceptible to occupation UNLESS
The finding shall be publicly announced by the
claimed within 20days from seizure by another
mayor for two consecutive weeks in the way he
(3) Tame/domestic animals – not acquired by
deems best.
occupation EXCEPT when ABANDONED
If the movable cannot be kept without deterioration,
Of Other Personal Property
or without expenses which considerably diminish its
(1) Abandoned – may be acquired
value, it shall be sold at a public auction eight days
(2) Lost
after the publication.
(3) Hidden treasure – finder gets ½ by occupation;
landowner gets ½ by accession; EXCEPT in CPG
Six months from the publication having elapsed
system, share goes to the partnership
without the owner having appeared, the thing found,
or its value, shall be awarded to the finder. The finder
SPECIAL RULES
Occupation of a swarm of bees

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and the owner shall be obliged, as the case may be, WHAT MAY NOT BE DONATED
to reimburse the expenses. Future property
(1) Donations cannot comprehend future property.
If the owner should appear in time, he shall be (2) “Future property” is understood anything which
obliged to pay, as a reward to the finder, one-tenth the donor cannot dispose of at the time of the
of the sum or of the price of the thing found. donation.

DONATION KINDS OF DONATIONS

Donation is an act of liberality whereby a person As to its taking effect
disposes gratuitously of a thing or right in favor of (1) Donation Inter Vivos (NCC 729)
another, who accepts it. Donation which shall take effect during the
lifetime of the donor, though the property shall
OTHER INSTANCES CONSIDERED AS DONATION not be delivered till after the donor's death
(1) When a person gives to another a thing or right
on account of the latter's merits or of the services Takes effect independently of the donor’s death
rendered by him to the donor, provided they do
not constitute a demandable debt Irrevocable EXCEPT for the ff grounds:
(2) When the gift imposes upon the donee a burden (a) Subsequent birth of the donor’s children
which is less than the value of the thing given (b) Donor’s failure to comply with imposed
conditions
NATURE (c) Donee’s ingratitude
(1) BILATERAL contract creating UNILATERAL (d) Reduction of donation by reason of
obligations on the donor’s part inofficiousness
(2) Requires CONSENT of BOTH donor and donee
though it produces obligations only on the side of (2) Donation by Reason of Marriage/ Donation Propter
the DONOR Nuptias (FC 86)
Requisites
Requisites (a) Must be made BEFORE the celebration of
(1) CONSENT and CAPACITY of the parties marriage
(2) ANIMUS DONANDI (intent to donate) (b) Made in CONSIDERATION of the marriage
(3) DELIVERY of thing donated (c) Made in FAVOR of ONE or BOTH of the future
(4) FORM as prescribed by law spouses
(5) IMPOVERISHMENT of donor’s patrimony and
ENRICHMENT on part of donee Ordinary v. Propter Nuptias
Ordinary Propter Nuptias
WHAT MAY BE DONATED
All present property or part thereof of the donor Express acceptance
(1) Provided he reserves, in full ownership or
usufruct, sufficient means for support of himself Necessary Not required
and all relatives entitled to be supported by As to minors
donor at the time of acceptance
(2) Provided that no person may give or receive by Can’t be made by minors May be made by minors
way of donation, more than he may give or (FC 78)
receive by will (NCC 752); also, reserves property As to future property
sufficient to pay donor’s debts contracted before
donation, otherwise, donation is in fraud of Cannot include future May include future
creditors (NCC 759, 1387) property property (same rule as
(3) If donation exceeds the disposable or free portion wills)
of his estate, donation is inofficious Limit as to donation of present property
(4) EXCEPTIONS:
(a) Donations provided for in marriage No limit to donation of If present property is
settlements between future spouses – not present property provided donated and property
more than 1/5 of present property legitimes are not impaired regime is ACP, limited to
(b) Donation propter nuptias by an ascendant 1/5
consisting of jewelry, furniture or clothing not Grounds for revocation
to exceed 1/10 of disposable portion
Law on donations FC 86

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Causes for revocation of donation propter nuptias: Inter vivos Mortis causa
(1) If the marriage is not celebrated or judicially
declared void ab initio, except donations of the donor the donor, the donation
made in the marriage settlements being effective only after
(2) When the marriage takes place without the the death of donor.
consent of the parents or guardian, as Acceptance during the
required by law; donor’s lifetime is
(3) When the marriage is annulled, and the premature and
donee acted in bad faith; ineffective because there
(4) Upon legal separation, the donee being the can be no contract
guilty spouse; regarding future
(5) If it is with a resolutory condition and the inheritance
condition is complied with;
(6) When the donee has committed an act of As to transfer of ownership for right of disposition
ingratitude as specified by the provisions of Ownership is immediately
the Civil Code on donations in general. transferred. Delivery of Ownership is transferred
Donation between spouses possession is allowed after death
GENERAL RULE: Every donation or grant of after death
gratuitous advantage, direct or indirect, between
the spouses during the marriage shall be void. As to revocation
The prohibition applies to persons living together Irrevocable – may be Revocable upon the
as husband and wife without a valid marriage revoked only for the exclusive will of the donor
reasons provided in CC
EXCEPTION: Moderate gifts which the spouses 760, 764, 765
may give each other on the occasion of any family
As to reduction or suppression
rejoicing.
When it is excessive or When it is excessive or
(3) Donation Mortis Causa (NCC 728) inofficious, being inofficious, it is reduced
(a) Becomes effective upon the death of donor preferred, it is reduced first, or even suppressed
(b) Donor’s death ahead of the donee is a only after the donations
suspensive condition for the existence of the mortis causa had been
donation reduced or exhausted

Characteristics: Note:
(a) Transferor retains ownership and control of (a) NATURE of the act, whether it’s one of
the property while alive disposition or of execution, is CONTROLLING
(b) Transfer is revocable at will before his death to determine whether the donation is mortis
(c) Transfer will be VOID if the transferor should causa or inter vivos.
survive the transferee (b) What is important is the TIME of TRANSFER
of ownership even if transfer of property
Inter Vivos v. Mortis Causa donated may be subject to a condition or a
Inter vivos Mortis causa term.
(c) Whether the donation is inter vivos or mortis
As to formalities causa depends on whether the donor
Executed and accepted Must be in the form of a intended to transfer ownership over the
with formalities will, with all the properties upon the execution of the deed.
prescribed by CC formalities for the validity (Gestopa v. CA; Austria-Magat v. CA)
of wills
As to cause or consideration
As to effectivity (1) Simple - made out of pure liberality or because of
Effective during the Effective after the death the merits of the donee
lifetime of the donor of the donor (2) Remuneratory - made for services already
rendered to the donor
As to acceptance (3) Onerous - imposes a BURDEN inferior in value to
Acceptance must be Acceptance must be property donated
made during the lifetime made after the death of (a) Improper - burden EQUAL in value to property
donated

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(b) Sub-modo or modal - imposes a prestation
upon donee as to how property donated will
be applied
(c) Mixed donations – e.g. sale for price lower
than value of property
As to effectivity or extinguishment
(1) Pure – donation is without conditions or periods
(2) Conditional – donation is subject to suspensive or
resolutory conditions
(3) With a term
FORMALITIES REQUIRED
How made and accepted
Movables (NCC 748)
(1) The donation of a movable may be made orally or
in writing.
(2) Oral donation: requires the simultaneous delivery
of the thing or of the document representing the
right donated.
(3) If the value of the movable donated exceeds
P5000, the donation and the acceptance should
be in writing, otherwise, donation is void
Immovables (NCC 749)
(1) Must be in a public instrument specifying
donated property and burdens assumed by the
done
(2) Acceptance must be either:
(a) In the same instrument or
(b) In another public instrument notified to the
donor in authentic form and noted in both
deeds
(3) Exceptions:
(a) Donations propter nuptias – need no express
acceptance
(b) Onerous donations – form governed by the
rules of contracts
Perfection
Acceptance
(1) Donation is perfected upon the donor’s learning
of the acceptance
(2) Acceptance may be made during the lifetime of
both donor and donee
Who May Accept
Donee: must accept personally or through an
authorized person with special power for the purpose
(NCC 745)
Time Of Acceptance
During lifetime of donor and donee
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QUALIFICATIONS OF DONOR, DONEE
Who May Give Donations
All persons who may contract and dispose of their
property may make a donation (NCC 735)
NOTE:
(1) Donor’s capacity shall be determined as of the
time of the making of the donation. (NCC 737)
(2) Capacity to donate is required for donations inter
vivos and NOT mortis causa
(3) Donor’s capacity determined as of the time of the
donation. Subsequent incapacity is immaterial.
Who May Receive Donations
(1) All who are not specially disqualified by law (NCC
738)
(2) Minors and others who cannot enter into a
contract: acceptance made through their parents
or legal representatives (NCC 741)
(3) Donations made to conceived and unborn
children: accepted by those persons who would
legally represent them if they were already born
(NCC 737)
Who May Not Give or Receive Donations
By reason of public policy (NCC 739)
(1) Those made between persons guilty of adultery
or concubinage at the time of donation
(2) Those made between persons guilty of the same
criminal offense if the donation is made in
consideration thereof
(3) Those made to a public officer, his spouse,
descendants, and/or ascendants by reason of the
office
By reason of donee’s unworthiness [NCC 1032 and 1027
except (4)]
NCC 1032:
(1) Parents who have abandoned their children or
induced their daughters to lead a corrupt or
immoral life, or attempted against their virtue;
(2) Any person who has been convicted of an
attempt against the life of the testator, his or her
spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a
crime for which the law prescribes imprisonment
for six years or more, if the accusation has been
found groundless;
(4) Any heir of full age who, having knowledge of the
violent death of the testator, should fail to report
it to an officer of the law within a month, unless
the authorities have already taken action; this
prohibition shall not apply to cases wherein,
according to law, there is no obligation to make
an accusation;
(5) Any person convicted of adultery or concubinage
with the spouse of the testator;
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(6) Any person who by fraud, violence, intimidation,
or undue influence should cause the testator to
make a will or to change one already made;
(7) Any person who by the same means prevents
another from making a will, or from revoking one
already made, or who supplants, conceals, or
alters the latter's will;
(8) Any person who falsifies or forges a supposed will
of the decedent.
NCC 1027:
(a) The priest who heard the confession of the
testator during his last illness, or the minister of
the gospel who extended spiritual aid to him
during the same period
(b) The relatives of such priest or minister of the
gospel within the fourth degree, the church,
order, chapter, community, organization, or
institution to which such priest or minister may
belong
(c) A guardian with respect to testamentary
dispositions given by a ward in his favor before
the final accounts of the guardianship have been
approved, even if the testator should die after the
approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when
the latter is his ascendant, descendant, brother,
sister, or spouse, shall be valid
(d) Any physician, surgeon, nurse, health officer or
druggist who took care of the testator during his
last illness
(e) Individuals, associations and corporations not
permitted by law to inherit
By reason of prejudice to creditors or heirs (voidable)
EFFECTS OF DONATION/LIMITATIONS
In general
(1) Donee may demand actual delivery of thing
donated
(2) Donee is SUBROGATED to rights of donor in the
property donated
(3) Donor NOT obliged to warrant things donated
EXCEPT in onerous donations in which case
donor is liable for eviction up to extent of burden
(ART. 754)
(4) Donor is liable for EVICTION or HIDDEN
DEFECTS in case of BF on his part (ART. 754)
(5) In donation propter nuptias, donor must
RELEASE property donated from mortgages and
other encumbrances UNLESS the contrary has
been stipulated
(6) Donations to several donees jointly – NO right of
accretion EXCEPT:
(a) Donor provides otherwise
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PROPERTY BAR OPERATIONS COMMISSION
(b) Donation to husband and wife jointly with
right of accretion UNLESS donor provides
otherwise
Special Provisions
Reservation by donor of power to dispose (in whole or in
part) or to encumber property donated (NCC 755)
(1) The right to dispose of some things donated, or of
some amount which shall be a charge thereon,
may be reserved by the donor
(2) But if he should die without having made use of
this right, the property or amount reserved shall
belong to the donee.
Donation of naked ownership to one donee and
usufruct to another (NCC 756)
(1) May be donated
(2) Provided all the donees are living at the time of
the donation
Conventional reversion in favor of donor or other person
(NCC 757)
(1) In favor of donor, for any case and circumstance
(2) In favor of other persons who must be living at
the time of donation
(3) If rule is violated, reversion is void but donation is
not nullified
Payment of donor’s debt (NCC 758)
(1) If expressly stipulated - donee to pay only debts
contracted before the donation unless specified
otherwise. But in no case shall donee be
responsible for debts exceeding value of property
donated unless clearly intended
(2) if there’s no stipulation - donee answerable only
for donor’s debt only in case donation is in fraud
of creditors
Illegal or impossible conditions (NCC 1183)
(1) Impossible conditions, those contrary to good
customs or public policy and those prohibited by
law shall annul the obligation which depends
upon them.
(2) If the obligation is divisible, that part thereof
which is not affected by the impossible or
unlawful condition shall be valid.
(3) The condition not to do an impossible thing shall
be considered as not having been agreed upon.
Double donations
Rule: Priority in time, priority in right
(1) If movable – one who first took possession in
good faith
(2) If immovable – one who recorded in registry of
property in good faith
(a) no inscription, one who first took
possession in good faith
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(b) in absence thereof, one who can
present oldest title
Excessive/Inofficious Donations
A donation in which a person gives or receives more
than what he may give or receive by will (NCC 752)
Donation inter vivos, made by a person having no
children or descendants, legitimate or legitimated by
subsequent marriage, or illegitimate, may be
revoked or reduced by the happening of any of these
events:
(1) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children,
even though they be posthumous;
(2) If the child of the donor, whom the latter believed
to be dead when he made the donation, should
turn out to be living;
(3) If the donor subsequently adopt a minor child
The donation shall be revoked or reduced insofar as
it exceeds the portion that may be freely disposed of
by will, taking into account the whole estate of the
donor at the time of the birth, appearance or
adoption of a child
In fraud of creditors (NCC 759)
(1) Donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did
not reserve sufficient property to pay his debts
prior to the donation
(2) Donee shall be responsible therefor only when
the donation has been made in fraud of creditors
VOID DONATIONS (NCC 739-740, 1027)
(1) Those made between persons who were guilty of
adultery or concubinage at the time of the
donation;
NOTE: The action for declaration of nullity may
be brought by the spouse of the donor or donee;
and the guilt of the donor and donee may be
proved by preponderance of evidence in the same
action
(2) Those made between persons found guilty of the
same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife,
descendants and ascendants, by reason of his
office.

Inofficious Donations (4) Those made to persons incapacitated to succeed

(1) Shall be reduced with regard to the excess; by will [Art 1027]
(2) But this reduction shall not prevent the donations
from taking effect during the life of the donor, nor REVOCATION AND REDUCTION
shall it bar the donee from appropriating the
fruits Revocation Reduction
(3) Only those who at the time of the donor's death
Total, whether the
have a right to the legitime and their heirs and Made insofar as the
legitime is impaired or
successors in interest may ask for the reduction legitime is prejudiced
not
or inofficious donations
(4) If, there being two or more donations, the Benefits the donor’s heirs
disposable portion is not sufficient to cover all of (except when made on
Benefits the donor
them, those of the more recent date shall be the ground of the
suppressed or reduced with regard to the excess. appearance of a child)

Scope of amount (NCC 750-752) Reduction

(1) The donations may comprehend all the present
property of the donor, or part thereof
Provided he reserves, in full ownership or in
usufruct, sufficient means for the support of
himself, and of all relatives who, at the time of
the acceptance of the donation, are by law
entitled to be supported by the donor
(2) Donations cannot comprehend future property.
Future property is understood anything which the
donor cannot dispose of at the time of the
donation
(1) Inofficiousness
A donation in which a person gives or receives
more than what he may give or receive by will is
inofficious (NCC 752)
(2) Subsequent birth, reappearance of child or
adoption of minor by donor
Effects:
(1) Donation is VALID if not exceeding the free part
computed as of the birth, adoption or
reappearance of the child
(2) Donee must return the property or its value at the
time of the donation
(3) Fruits to be returned from the filing of the action

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(4) Mortgages by the donee are valid but may be Effect as to fruits (NCC 768)
discharged subject to reimbursement from the When the donation is revoked for any of the causes
donee stated in NCC 760, or by reason of ingratitude, or
when it is reduced because it is inofficious, donee
Extent of revocation – only to the extent of the shall not return the fruits except from the filing of the
presumptive legitime of the child complaint
(1) If the revocation is based upon noncompliance
Prescription – 4yrs with any of the conditions imposed in the
donation, the donee shall return not only the
Revocation property but also the fruits thereof which he may
Ingratitude have received after having failed to fulfill the
In the following cases: condition
(1) If the donee should commit some offense against
the person, the honor or the property of the
donor, or of his wife or children under his parental
authority;
(2) If the donee 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;
(3) If he unduly refuses him support when the donee
is legally or morally bound to give support to the
donor.

Applies to all donations EXCEPT:

(1) Mortis causa
(2) Propter nuptias
(3) Onerous

Founded on moral duty – one who received a

donation must be grateful to his benefactor

Conviction NOT necessary

Time to file action for revocation – within 1yr from

knowledge of the offense

Who may file

Donor must bring action himself; not transmissible
to his heirs

Effect of revocation on alienations and encumbrances

(NCC 766)
(1) Alienations and mortgages effected before the
notation of the complaint for revocation in the
Registry of Property shall subsist
(2) Later ones shall be void

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What may be donated

All present property of the donor or part thereof
Limitation:
(1) He reserves in full ownership or in usufruct,
sufficient means for his support and for all
relatives who are at the time of the acceptance of
the donation are, by law, entitled to be supported
Effect of non-reservation: reduction of the
donation

(2) He reserves sufficient property at the time of the

donation for the full settlement of his debts
Effect of non-reservation: considered to be a
donation in fraud of creditors, and donee may be
liable for damages
What may not be donated
(1) Future property; those which the donor cannot
dispose of at the time of the donation (Article 751)
(2) More than what he may give or receive by will
(Article 752)

If exceeds: inofficious
Donations made to several persons jointly
No accretion – one donee does not get the share of Exception: those given to husband and wife, except
the other donees who did not accept (Article 753) when the donor otherwise provides
Donor
Who are allowed: All persons who may contract (of Who are not allowed:
legal age) and dispose of their property (Article 735)
(1) Guardians and trustees with respect to the
property entrusted to them (Article 736)
Donor’s capacity is determined at the time of the (2) Made between person who are guilty of adultery
making of donation (Article 737) or concubinage (Article 739)

Made between persons found guilty of the same

criminal offense, in consideration thereof (Article 739)
Donee
Who are allowed to accept donations: Those who are Who are not allowed:
not specifically disqualified by law (Article 738) (1) Made between person who are guilty of adultery
or concubinage (Article 739)
Those who are allowed, with qualifications: (2) Made between persons found guilty of the same
(1) Minors and others who are incapacitated (see criminal offense, in consideration thereof (Article
Article 38), provided that their acceptance is done 739)
through their parents or legal representatives (3) Made to a public officer or his wife, descendant
(Article 741) and ascendants, by reason of his office (Article
(2) Conceived and unborn children, provided that the 739)
donation is accepted by those who would legally (4) Those who cannot succeed by will (Article 740)
represent them if they were already born
Those made to incapacitated persons, although
simulated under the guise of another contract (Article
743)
Acceptance of the donation
Who may accept (Article 745): When to accept: during the lifetime of the donor or
(1) Donee personally donee (Article 746)

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(2) Authorized person with a special power for the

purpose or with a general sufficient power
What the donee acquires with the thing
He shall be subrogated to all the rights and actions
that would pertain to the donor in case of eviction
(Article 754)
Obligation of the donor
No obligation to warrant (Article 754) Exception: when the donation is onerous
Obligation of the donee
If the donation so states, the donee may be obliged to Exception: when contrary intention appears
pay the debts previously contracted by the donor and
in no case shall he be responsible for the debts
exceeding the value of the thing donated (Article 758)
What may be reserved by the donor
Right to dispose of some of the things donated, or of If the donor dies without exercising this right
some amount which shall be a charge thereon
Reversion
The property donated may be restored or returned to Limitation to (2): the third person would be living at
(1) Donor or his estate; or the time of the donation
(2) Another person

Revocation/Reduction
Time of Action Transmissibility Effect Liability (Fruits)
Birth, appearance, adoption
Within 4 years from birth, Transmitted to children Property returned/ value Fruits returned from the
legitimation and adoption and descendants upon (if sold)/ redeem filing of the complaint
the death of donor mortgage with right to
recover
Non-compliance with condition
Within 4 years from non- May be transmitted to Property returned, Fruits received after
compliance donor’s heirs and may be alienations and having failed to fulfill
exercised against donee’s mortgages void subject to condition returned
heirs rights of third persons in
good faith
Ingratitude
Within 1 year after Generally not transmitted Property returned, but Fruits received from the
knowledge of the fact to heirs of donor/ donee alienations and filing of the complaint
mortgages effected returned
before the notation of the
complaint for revocation
in the registry of property
subsist
Failure to reserve sufficient means for support
At any time, by the donor Reduced to the extent Donee entitled
or relatives entitled to Not transmissible necessary to provide
support support

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Time of Action Transmissibility Effect Liability (Fruits)

Inofficiousness for being in excess of what the donor can give by will
Within 5 years from the Transmitted to donor’s Donation takes effect on Donee entitled
death of the donor heirs the lifetime of donor.
Reduction only upon his
death with regard to the
excess
Fraud against creditors
Rescission within 4 years Transmitted to creditor’s Returned for the benefit Fruits returned/ if
from the perfection of heirs or successors-in- of the creditor who impossible, indemnify
donation/ knowledge of interest brought the action creditor for damages
the donation

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TRADITION
CONCEPT
It is a derivative mode of acquiring ownership and
other real rights by virtue of which, there being
intention and capacity on the part of the grantor and
grantee and the pre-existence of said rights in the
estate of the grantor, they are transmitted to the
grantee through a just title.
REQUISITES
(1) Pre-existence in the estate of the grantor of the
right to be transmitted
(2) Just cause or title for the transmission
(3) Intention on the part of the grantor to grant and
on the part of the grantees to acquire
(4) Capacity to transmit and to acquire
(5) An act which gives it outward form, physically,
symbolically, or legally
PURPOSE
(1) Ownership is transferred, among other means, by
tradition.
(2) The delivery of a thing constitutes a necessary
and indispensable requisite for the purpose of
acquiring the ownership of the same by virtue of
a contract
KINDS
(1) Real Tradition: physical delivery
(2) Constructive Tradition: when the delivery of the
thing is not real or material but consists merely in
certain facts indicative of the same
(a) Symbolical Tradition: done through the
delivery of signs or things which represent
that which is being transmitted (e.g. keys or
title itself)
(b) Tradition by public instrument: consists in the
substitution of real delivery of possession by a
public writing with the delivery of a document
which evidences the transaction
(c) Tradicio longa manu: made by the grantor
pointing out to the grantee the thing to be
delivered
(d) Tradicio brevi manu: takes place when the
grantee is already in possession of the thing
(e.g. when the lessee buys the thing leased to
him)
(e) Tradicion constitutum possessorium: similar to
brevi manu but in the opposite sense – when
the owner alienates a thing but remains in
possession in another concept as lesee or
depositary
(3) Quasi tradition: delivery of incorporeal things or
rights by the use by the grantee of his rights with
the grantor’s consent
(4) Tradicion by operation of law: delivery which is not
included in the foregoing modes of delivery and
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PROPERTY BAR OPERATIONS COMMISSION
where the delivery is effected solely by virtue of
an express provision of law
Prescription
DEFINITION
By prescription, one acquires ownership and other
real rights through the lapse of time in the manner
and under the conditions laid down by law.
In the same way, rights and conditions are lost by
prescription.
It is a means of acquiring ownership and other real
rights or losing rights or actions to enforce such
rights through the lapse of time
RATIONALE
It is purely statutory in origin. It is founded on
grounds of public policy which requires for the peace
of society, that juridical relations susceptible of
doubt and which may give rise to disputes, be fixed
and established after the lapse of a determinate time
so that ownership and other rights may be certain for
those who have claim in them
KINDS OF PRESCRIPTION
(1) Acquisitive prescription
(2) Extinctive prescription
ACQUISITIVE PRESCRIPTION
(1) The acquisition of ownership and other real rights
through possession of a thing in the manner and
condition provided by law
(2) May be ordinary or extraordinary
(a) Ordinary: requires possession of things in
good faith and with just title for the time fixed
by law.
(b) Extraordinary: acquisition of ownership and
other real rights without need of title or of
good faith or any other condition
Prescription where possession in good faith converted
into possession in bad faith:
Ordinary
(1) Movables- 4 years
(2) Immovables- 10 years
Extraordinary:
(1) Movables- 8 years
(2) Immovables- 30 years
Note: Since the period of extraordinary prescription
for movables is two times longer than ordinary
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prescription (8:4) than ordinary prescription for NO PRESCRIPTION APPLICABLE

movables and three times longer (30:10) than that
for immovables, the period of possession in good
faith should be computed twice or thrice, as the case
may be, when tacked to the possession in bad faith.
As a mode of acquisition, prescription requires
existence of following:
(1) Capacity of the claimant to acquire by
prescription;
(2) A thing capable of acquisition by prescription;
(3) Adverse possession of the thing under certain
conditions; and
(4) Lapse of time provided by law
(5) Good faith of the possessor
(6) Proof of just title
BY OFFENDER
Movables possessed through a crime can never be
acquired through prescription by the offender
REGISTERED LANDS - PD 1529 (AMENDING AND
CODIFYING THE LAWS RELATIVE TO REGISTRATION OF
PROPERTY AND FOR OTHER PURPOSES)
No title to registered land in derogation of the title of
the registered owner shall be acquired by
prescription or adverse possession
RIGHTS NOT EXTINGUISHED BY PRESCRIPTION (NCC 1143)
(1) To demand a right of way, regulated in NCC 649
(2) To bring an action to abate a public or private
nuisance

Note: ACTION TO QUIET TITLE IF PLAINTIFF IS IN POSSESSION

(1) For extraordinary prescription, only first 4 are
required
(2) Possession has to be in the concept of an owner,
public, peaceful, and uninterrupted (UPPO)
EXTINCTIVE PRESCRIPTION
The loss or extinguishment of property rights or
actions through the possession by another of a thing
for the period provided by law or through failure to
bring the necessary action to enforce one’s right
within the period fixed by law
Acquisitive Prescription Extinctive Prescription
(1) When plaintiff is in possession of the property:
the action to quiet title does not prescribe
(2) The reason is that the owner of the property or
right may wait until his possession is disturbed or
his title is assailed before taking steps to
vindicate his right
VOID CONTRACTS
(1) The action or defense for the declaration of the
inexistence of a contract does not prescribe (NCC
1410)
(2) The title is susceptible to direct as well as to
collateral attack (Ferrer v. Bautista, 1994)

Requires positive action of Requires inaction of the ACTION TO DEMAND PARTITION

the possessor (a claimant) owner out of possession No prescription shall run in favor of a co-owner or co-
who is not the or neglect of one with a heir against his co-owners or co-heirs so long as he
Owner right to bring his action expressly or impliedly recognizes the co-ownership
(NCC 494)
Applicable to all kinds of
Applicable to ownership
rights, whether real or
and other real rights PROPERTY OF PUBLIC DOMINION
personal
Prescription, both acquisitive and extinctive, does not
Vests the property and Vests the property and run against the State in the exercise of its sovereign
raise a new title in the raise a new title in the function to protect its interest EXCEPT with respect
occupant occupant to its patrimonial property which may be the object
Results in the acquisition Merely results in the loss of prescription (NCC 1113)
of ownership or other real of a real or personal right,
rights in a person as well or bars the cause of action PRESCRIPTION DISTINGUISHED FROM LACHES
as the loss of said to enforce said right Prescription Laches
ownership or real rights in
another Concerned with the fact of Concerned with the effect
delay of delay
Can be proven under the Should be affirmatively
general issue without its pleaded and proved to A question or a matter of Principally a question of
being affirmatively bar the action or claim of time inequity of permitting a
pleaded the adverse party claim to be enforced, this
inequity being founded on
some subsequent change
in the condition or the

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Prescription Laches
relation of the parties
Statutory NOT statutory
Applies at law Applies at equity
Cannot be availed of Being a defense of equity,
unless it is especially need not be specifically
pleaded as an affirmative pleaded
allegation
Based on a fixed time NOT based on a fixed
time
PRESCRIPTION OR LIMITATION OF ACTIONS
TO RECOVER MOVABLES
(1) Prescribe 8 years from the time the possession
thereof is lost (NCC 1140)
(2) However, the action shall not prosper if it is
brought after 4 years when the possessor has
already acquired title by ordinary acquisitive
prescription (NCC 1132)
(3) If the possessor acquired the movable in good
faith at a public sale, the owner cannot obtain its
return without reimbursing the price paid
TO RECOVER IMMOVABLES
(1) Real actions prescribe after 30 years (NCC 1141)
(2) UNLESS the possessor has acquired ownership of
the immovable by ordinary acquisitive
prescription through possession of 10 years (NCC
1134)
(3) Action for reconveyance
(a) Based on fraud: prescribes 4 years from the
discovery of fraud
(b) Based on implied or constructive trust: 10 years
from the alleged fraudulent registration or
date of issuance of certificate of title over the
property
OTHER ACTIONS
(1) Action to foreclose mortgage: prescribes after 10
years from the time the obligation secured by the
mortgage becomes due and demandable
(2) Actions that Prescribe in 10 Years (NCC 1144)
(a) Upon a written contract
(b) Upon an obligation created by law
(c) Upon a judgment
The computation of the period of prescription of
any cause or right of action, which is the same as
saying prescription of the action, should start
from the date the cause of action accrues or from
the day the right of the plaintiff is violated.
(Nabus v. CA, 1991)
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PROPERTY BAR OPERATIONS COMMISSION
(3) Actions that Prescribe in 6 Years (NCC 1145)
(a) Upon an oral contract
(b) Upon a quasi-contract
(4) Actions that Prescribe in 4 Years (NCC 1145)
(a) Upon an injury to the rights of the plaintiff
(b) Upon a quasi-delict
BUT when the action arises from any act of any
public officer involving the exercise of powers
arising from Martial Law including the arrest,
detention and/or trial of the plaintiff, the same
must be brought within 1 year.
(5) Actions that Prescribe in One Year or Less (NCC
1147)
(a) For forcible entry or unlawful detainer
(b) For defamation
(6) Other Actions that Prescribe in 1 Year under the
Civil Code
(a) To recover possession de facto (NCC 554 (4)]
(b) To revoke a donation on the ground of
ingratitude (NCC 769)
(c) To rescind or recover damages if immovable is
sold with non-apparent burden or servitude
[NCC 1560 (3,4)]
(d) To enforce warranty of solvency in assignment
credits (NCC 629)
(7) Where Periods of Other Actions Not Fixed in the
Civil Code and in Other Laws
All other actions whose periods are not fixed in
the Civil Code or in other laws must be brought
within 5 years from the time the right of action
accrues (NCC 1149)
(8) Interruption (NCC 1155)
The prescription of actions is interrupted when:
(a) They are filed before the court
(b) When there is a written extrajudicial demand
by the creditors
(c) When there is any written acknowledgment of
the debt by the debtor
Civil actions are deemed commenced from the
date of the filing and docketing of the complaint
with the Clerk of Court [Cabrera v. Riano (1963)]
A written extrajudicial demand wipes out the
period that has already elapsed and starts anew
the prescriptive period [The Overseas Bank of
Manila v. Geraldez, (1979)]
Not all acts of acknowledgement of a debt
interrupt prescription. To produce such effect, the
acknowledgment must be “written”, so that the
payment, if not coupled with the communication
UP COLLEGE OF LAW PROPERTY BAR OPERATIONS COMMISSION

signed by the payor would interrupt the running

of the period of prescription [PNB v. Osete (1968)]

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