TITLE IV.

– SOME SPECIAL PROPERTIES

CHAPTER 1

WATERS

Section 1. – Ownership of Waters

Art. 502. The following are of public dominion:

(1) Rivers and their natural beds;

(2) Continuous or intermittent waters of springs and brooks

running in their natural beds and the beds themselves;

(3) Waters rising continuously or intermittently on lands of

public dominion;

(4) Lakes and lagoons formed by nature on public lands, and

their beds;

(5) Rain waters running through ravines or sand beds, which are
also of public dominion;

(6) Subterranean waters on public lands;

(7) Waters found within the zone of operation of public works,

even if constructed by a contractor;

(8) Waters rising continuously or intermittently on lands

belonging to private persons, to the State, to a province, or to a city or
a municipality from the moment they leave such lands;

(9) The waste waters of fountains, sewers and public

establishments.

Classification of waters
GR: immovable; XPN: movable, if brought under the control of science

 As to basis of ownership
1. Waters which are public per se
 Bed follows the character of the water (principal), bed is
also public
2. Waters which are public or private according to their bed
 Water is accessory to the bed
 Subterranean waters
 Subterranean waters rising to the surface
continuously or intermittently
 Non-running water (lakes and ponds)
 Rain water, even if flowing
 3. Waters which are public by special provision
 Includes:
 Waters within the zone of public works, even if
constructed under a contract
 Private water after leaving the estate of origin
 Waste water of fountains, sewers, and public
establishments.

Waters of public dominion (502)

 Intended for general use of the public, subject to police power of the
state
o If river flows through 2 municipalities, inhabitants of both shall
have the right to enjoy the use of the same
o neither may alter, modify or reduce the bed of the river nor
interrupt the course of its water to the other municipality such
as by the construction of a dam
 outside the commerce of man
o not subject to private appropriation
o prescription does not apply
o no constructions on them without permission from govt
authorities

Art. 503. The following are of private ownership:

(1) Continuous or intermittent waters rising on lands of private

ownership, while running through the same;

(2) Lakes and lagoons, and their beds, formed by nature on such
lands;

(3) Subterranean waters found on the same;

(4) Rain waters falling on said lands, as long as they remain

within the boundaries;

(5) The beds of flowing waters, continuous or intermittent,

formed by rain water, and those of brooks, crossing lands which are
not of public dominion.

In every drain or aqueduct, the water, bed, banks and floodgates

shall be considered as an integral part of the land or building for
which the waters are intended. The owners of lands, through which or
along the boundaries of which the aqueduct passes, cannot claim
ownership over it, or any right to the use of its bed or banks, unless
the claim is based on titles of ownership specifying the right or
ownership claimed.

Distinction lies on the ownership of the property on which they are found.
Waters of private ownership
 GR: waters within private estate are of private ownership
o The moment they leave the private estate and merge with
public waters, they become of public ownership
o River shifts its course – new course becomes of public
dominion
o Lands through which aqueducts pass – owners cannot claim
ownership UNLESS claim is based on titles of ownership

Section 2. – The Use of Public Works

Art. 504. The use of public waters is acquired:

(1) By administrative concession;

(2) By prescription for ten years.

The extent of the rights and obligations of the use shall be that
established, in the first case, by the terms of the concession, and, in
the second case, by the manner and form in which the waters have
been used.

Acquisition of right to make use of public waters

1. by administrative concession
 the terms thereof shall govern the extent of the rights and
obligations of the use
2. by prescription through continuous use for ten years
 the manner and form in which the waters have been used shall
determine the extent of the rights and obligations of the use
 NOTE: what can be acquired is NOT the public waters BUT the
title to the use thereof by continuous enjoyment thereof for ten
years

Art. 505. Every concession for the use of waters is understood

to be without prejudice to third persons.

Concession without prejudice to third persons

 a concessionaire may be ordered to remove a dam, constructed
without prior authorization, which diverts the flow of public waters
thereby causing damage to others
 it is enough if it appears that an injurious effect is produced upon his
property

Art. 506. The right to make use of public waters is extinguished

by the lapse of the concession and by non-user for five years.

Note: Water Code now governs these matters

Extinguishment of right to make use of public waters
  extinguished depending on how it was acquired
o administrative concession  lapse of the concession
o prescription  by non-user for 5 years

Section 3. – The Use of Waters of Private Ownership

Art. 507. The owner of a piece of land on which a spring or brook

rises, be it continuous or intermittent, may use its waters while they
run through the same, but after the waters leave the land they shall
become public, and their use shall be governed by the special Law of
Waters of August 3, 1866, and by the Irrigation Law.

Art. 508. The private ownership of the beds of rain waters does
not give a right to make works or constructions which may change
their course to the damage of third persons, or whose destruction, by
the force of floods, may cause such damage.

Art. 509. No one may enter private property to search waters or

make use of them without permission from the owners, except as
provided by the Mining Law.

Art. 510. The ownership which the proprietor of a piece of land

has over the waters rising thereon does not prejudice the rights which
the owners of lower estates may have legally acquired to the use
thereof.

Art. 511. Every owner of a piece of land has the right to

construct within his property, reservoirs for rain waters, provided he
causes no damage to the public or to third persons.

Rights and obligations of private owners of waters

Rights Obligations
507 to use the waters of a spring or brook
which rises on his land while they run
through the same
 the moment the waters leave a
private estate, they become public
 if they enter a private estate
instead, they shall belong to the
owner of the latter, and so on
successively, where they pass
508 to make works or constructions on beds of not to make works of constructions or
rain waters owned by him provided they works on beds of rain waters owned by
do not change the course of the waters to him which may change the course of the
the damage of third persons, or whose waters to the damage of third persons, or
destruction, by the force of flood, may whose destruction, by the force of floods,
cause such damage may cause such damage
509 to withhold permission to any one to enter to permit entry into his private property by
his private property to search waters or bona fide holders of mining claims to
make use of them, except when required search for waters or make use of them as
by the Mining Law provided by the Mining Law
510 to construct on his land reservoirs for rain not to do anything which would prejudice
 waters to keep rain water for his own use the rights which owners of lower estates
provided he causes no damage to the may have legally acquired to the use of
public or to third persons. waters rising on his land
511 not to construct within his property
reservoirs for rain waters which will cause
damage to the public or to third persons.

Section 4. – Subterranean Waters

Art. 512. Only the owner of a piece of land, or another person

with his permission, may make explorations thereon for subterranean
waters, except as provided by the Mining Law.

Explorations for subterranean waters on lands of public

dominion may be made only with the permission of the administrative
authorities.

Exploration of subterranean waters

1. on private lands
 owner
 another with owner’s permission
 another without owner’s permission (if allowed by Mining Law)
2. on public lands
 with permission of proper administrative authorities (National
Water Resources Council, under the Water Code)
 Sec. 6 and Sec. 9 – subterranean waters on private lands
BELONG TO THE STATE

Art. 513. Waters artificially brought forth in accordance with the

Special Law of Waters of August 3, 1866, belong to the person who
brought them up.

Art. 514. When the owner of waters artificially brought to the

surface abandons them to their natural course, they shall become of
public dominion.

Waters artificially brought forth

e.g. thru wells
 GR: private property
 XPN: public dominion, when owner abandons the waters to their
natural course

Mirasol v. Municipality of Tabaco

FACTS: the defendant, with the express consent of the plaintiff, owner of
land, bored an artesian well for public use upon the latter’s land and
incurred large expenditures in the belief induced by the plaintiff that the
portion of the land occupied by the well would be permanently dedicated to
that use
HELD: the defendant, with the express consent of the plaintiff, owner of
land, bored an artesian well for public use upon the latter’s land and
incurred large expenditures in the belief induced by the plaintiff that the
portion of the land occupied by the well would be permanently dedicated to
that use.

Section 5. – General Provisions

Art. 515. The owner of a piece of land on which there are

defensive works to check waters, or on which, due to a change of
their course, it may be necessary to reconstruct such works, shall be
obliged, at his election, either to make the necessary repairs or
construction himself, or to permit them to be done, without damage to
him, by the owners of the lands which suffer or are clearly exposed to
suffer injury.

Repair or reconstruction of defensive works

 contemplates a situation where defensive works (e.g., dam) on a
piece of land need repairs or, due to a change of the course of the
waters, such works need to be reconstructed.
o Owners of adjoining lands
 to require the owner of the works to repair or reconstruct
them himself
 to permit the owners of the prejudiced estates to
undertake the repairs
o owner of the works
 to make the repairs personally
 to permit them to be done
o NOTE: No damage must be caused to the owner of the works
when the repairs are done by the owners of the other lands.
 Remedies are exclusive

Art. 516. The provisions of the preceding article are applicable to

the case in which it may be necessary to clear a piece of land of
matter, whose accumulation or fall may obstruct the course of the
waters, to the damage or peril of third persons.

Removal of accumulated or fallen matter

 The owners of the prejudiced estates or those who are afraid to suffer
the damage can compel the owner of the estate where the
accumulated or fallen matter exists to remove it or permit that it be
removed.

Art. 517. All the owners who participate in the benefits arising
from the works referred to in the two preceding articles, shall be
obliged to contribute to the expenses of construction in proportion to
their respective interests. Those who by their fault may have caused
the damage shall be liable for the expenses.

Proportional contribution to expenses

 expenses of construction shall be borne by all the owners who benefit
from the works referred to in Articles 515 and 516 in proportion to
their respective interests
 NOTE: if damage was due to the fault of any owner, he alone shall be
liable

Art. 518. All matters not expressly determined by the provisions

of this Chapter shall be governed by the special Law of Waters of
August 3, 1866, and by the Irrigation Law.

Chapter 2

MINERALS

Art. 519. Mining claims and rights and other matters concerning
minerals and mineral lands are governed by special laws.

Mineral lands, defined

 those in which minerals exist in sufficient quantity or quality to justify
the necessary expenditures to be incurred in extracting and utilizing
such minerals

Minerals, defined
 all inorganic substances found in nature, whether in solid, liquid,
gaseous, or any intermediate state, with the exception of soil which
supports the organic life, and of ordinary earth, gravel, sand, and
stone which are used for building or construction purposes.

Governing laws
1. Mineral Resources Development Decree of 1974 (Pres. Decree No.
463)
2. Constitution
a. Art. XII, Sec. 2.

Chapter 3

TRADEMARKS AND TRADE NAMES

Art. 520. A trademark or trade name duly registered in the proper

government bureau or office is owned by and pertains to the person,
corporation, or firm registering the same, subject to the provisions of
special laws.
Trademark
 includes any word, name, symbol, emblem or sign or device or any
combination thereof adopted and used by a manufacturer or
merchant to identify his goods and distinguish them from those
manufactured, sold or dealt in by others

Trade name
 includes individual names and surnames, firm names, trade names,
devices or words used by manufacturers, industrialists, merchants,
agriculturists, and others to identify their businesses, vocations, or
occupations; the names or titles lawfully adopted and used by natural
or juridical persons, unions, and any manufacturing, industrial,
commercial, agricultural or other organizations engaged in trade or
commerce.

Service mark
 a mark that is used in the sale or advertising of services to identify the
services of one person and distinguish them from the services of
others, and includes without limitation the marks, names, symbols,
titles, designations, slogans, character names, and distinctive
features of radio or other advertising

Trademark v. trade name

Trademark
generally consists of the sign,
emblem, label, mark or device by
which the goods produced or
marketed by a person are
distinguished or distinguishable
from those produced or marketed
by another and must be affixed to
the goods
Trade name
descriptive of the manufacturer of
dealer himself as much as his own
name is, and frequently includes
the name of the place where the
business is located

Art. 521. The goodwill of a business is property, and may be

transferred together with the right to use the name under which the
business is conducted

Goodwill, at transferable business asset

 the advantage, favor, or benefit which is acquired by a business
establishment beyond the mere value of what it sells or capital funds
or property employed therein in consequence of the patronage it
receives from the general public

Art. 522. Trademarks and trade names are governed by special

laws.

Registrability of marks1
1
Mark means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an
enterprise and shall include a stamped or marked container of goods. Collective mark means any visible sign
Rights in a mark shall be acquired through registration made validly.
A mark cannot be registered if it:

1. consists of immoral, deceptive or scandalous matter, or matter which

may disparage or falsely suggest a connection with persons, living or
dead, institutions, beliefs, or national symbols, or bring them into
contempt or disrepute;
2. consists of the flag or coat of arms or other insignia of the Philippines
or any of its political subdivisions, or of any foreign nation, or any
simulation thereof;
3. consists of a name, portrait or signature identifying a particular living
individual except by his written consent, or the name, signature, or
portrait of a deceased President of the Philippines, during the life of
his widow, if any, except by written consent of the widow;
4. is identical with a registered mark belonging to a different proprietor
or a mark with an earlier filing or priority date, in respect of:
a. the same goods or services, or
b. closely related goods or services, or
c. if it nearly resembles such a mark as to be likely to deceive or
cause confusion;
5. is identical with, or confusingly similar to, or constitutes a translation
of a mark which is considered by the competent in the Philippines,
whether or not it is registered here, as being already the mark of a
person other than the applicant for registration, and used for identical
or similar goods or services. In determining whether a mark is well-
known, account shall be taken of the knowledge of the relevant sector
of the public, rather than of the public at large, including knowledge in
the Philippines which has been obtained as a result of the promotion
of the mark;
6. is identical with, or confusingly similar to, or constitutes a translation
of a mark considered well-known in accordance with the preceding
paragraph, which is registered in the Philippines with respect to
goods or services which are not similar to those with respect to which
registration is applied for, provided that use of the mark in relation to
those goods or services would indicate a connection between those
goods or services, and the owner of the registered mark and the
interests of the owner of the registered mark are likely to be damaged
by such use;
7. is likely to mislead the public, particularly as to the nature, quality,
characteristics or geographical origin of the goods or services;
8. consists exclusively of signs that are generic for the goods or
services that they seek to identify;
9. consists exclusively of signs or of indications that have become
customary or usual to designate the goods or services in everyday
language or in bona fide and established trade practice;

designated as such in the application for registration and capable of distinguishing the origin or any other common
characteristic, including the quality of goods or services of different enterprises which use the sign under the
control of the registered owner of the collective mark. (Sec. 121, R.A. No. 8293.)
10. consists exclusively of signs or of indications that may serve in
trade to designate the kind, quality, quantity, intended purpose, value,
geographical origin, time or production of the goods or rendering of
the services, or other characteristics of the goods or services;
11. consists of shapes that may be necessitated by technical
factors or by the nature of the goods themselves or factors that affect
their intrinsic value;
12. consists of color alone, unless defined by a given form; or
13. is contrary to public order or morality.