BULATE NOTES

Property
Chapter 2 Accession Articles 440-475

RIGHT OF ACCESSION According to Del Viso

GENERAL PROVISIONS  the right which ownership of
property gives over everything
Art. 440. The ownership of property which the same produces, or which
gives the right by accession to is attached or incorporated thereto,
everything which is produced naturally or artificially.
thereby, or which is incorporated or
attached thereto, either naturally or Classification of Accession
artificially. 1. Accession Discreta (To the Fruits)
a. natural fruits
‘Accession’ Defined b. industrial fruits
c. civil fruits
 the right of a property owner to 2. Accession Continua (Attachment or
Incorporation)
everything which is:
I. With reference to real property
a. accession industrial
1. produced thereby (accession
1) building
discreta);
2) planting
2. or which is incorporated or
3) sowing
attached thereto, either naturally
b. accession natural
or artificially (accession continua or
1) alluvium
accession non-interrumpida), which
2) avulsion
in turn is divided into:
3) change of
a. natural accession
course of rivers
(accession natural);
4) formation of
b. artificial accession
islands
(accession artificial or
II. With respect to personal
accession industrial).
property
a. adjunction or
 Because of the word “artificially,” it
conjunction
is understood that IMPROVEMENTS
1) inclusion
made on the property are included
(engraftment)
within the scope of “accession.”
2) soldadura
(attachment)
Other Definitions of Accession
3) tejido (weaving)
4) pintura
According to Sanchez Roman
(painting)
 the right of an owner of a thing to
5) escritura
the products of said thing as well (writing)
as to whatever is inseparably b. mixture (confusion —
attached thereto as an accessory liquids; commixtion —
solids)
According to Stimson’s Law Dictionary c. specification
 that by which property is given to a
person in addition to what said Is Accession a Mode of Acquiring
person already possesses, said Ownership?
additional property being the result
of a natural increase, like land, by  the different modes are
deposit of a river; or houses, when enumerated in Book III of Civil Code
built on one’s own land; or the are:
young of animals.

a. occupation
b. intellectual creation
c. law
d. donation
e. succession
f. tradition, as a consequence of
certain contracts
g. prescription
 accession is not one of those listed
therein
 It is safe to conclude that accession
is not a mode of acquiring
ownership.
Reason: accession presupposes a
previously existing ownership by
the owner over the principal
 accession is a right implicitly
included in ownership, without
which it will have no basis or
existence
 it is one of the attributes or
characteristics which will make up
the concept of dominion or
ownership
 We can refer to acquisition by
accession as acquisition by LAW
(for the law itself gives the right).
Reason Behind Accession
a. for accession discreta (to the fruits)
 justice, pure and simple, for
one who owns a thing
should justly enjoy its fruits
b. for accession continua (attachment
or incorporation)
 economic convenience is
better attained in a state of
single ownership than in a
co-ownership
 natural justice demands
that the owner of the
principal or more important
thing should also own the
accessory
Right to Accession Generally
Automatic
BULATE NOTES
Property
Chapter 2 Accession Articles 440-475
 In general, the right to accession is
automatic (ipso jure), requiring no
prior act on the part of the owner
of the principal.
EXAMPLE: in the case of landowner
over whose land a river now flows.
He is ipso facto the owner of the
abandoned river bed in proportion
to the area he has lost.
Section 1. — RIGHT OF ACCESSION
WITH
RESPECT TO WHAT IS PRODUCED BY
PROPERTY (ACCESSION DISCRETA)
Art. 441. To the owner belongs:
1) The natural fruits;
2) The industrial fruits;
3) The civil fruits.
Accession Discreta (Right to the
Fruits)
 This Article refers to accession
discreta which is defined as the
right to the ownership of fruits
produced by our property.
Instances When Owner of Land Does
Not Own the Fruits
a. possessor in good faith of the land
(He owns the fruits already
received)
b. usufructuary
c. lessee gets the fruits of the land
(Of course, the owner gets the civil
fruits in the form of rentals).
d. In the contract of antichresis, the
antichretic creditor gets the fruits,
although of course, said fruits
should be applied first, to the
interest, if any is owing, and then
to the principal amount of the loan.
Art. 442. Natural fruits are the
spontaneous products of the soil, and
the young and other products of
animals.
 BULATE NOTES
Property
Chapter 2 Accession Articles 440-475

Industrial fruits are those Answer:

produced by lands of any kind  Strictly, they are not fruits in the
through cultivation or labor. juridical sense for they are really
Civil fruits are the rents of immovables as long as they are
buildings, the price of leases of lands still attached to the land, which
and other property and the amount of may themselves produce fruits.
perpetual or life annuities or other o There is no doubt we may
similar income. consider said trees as fruits
when they are expressly
Technical Meaning of ‘Fruits’ cultivated or exploited to
carry on an industry
 there can be no doubt as to their
meaning Perennial Crops Annual Crops
 if a final judgment speaks only of  those  those which
natural and civil fruits, it is growing have to be
understood that industrial fruits are each season planted each
NOT included
without need year, like
Natural Fruits of cereals and
replanting, grains
There are two kinds of natural fruits: like oranges  called
and apples industrial
1. the spontaneous products of the  referred to fruits
soil (that is, human labor does not as natural
intervene).
fruits
Examples: herbs, common grass
Young of Animals
2. the young and other products of
 Whether brought about by
animals.
Examples: chicks and chicken eggs. scientific means or not, it would
seem that the young of animals
Industrial Fruits should be considered as “natural”
 they are “those produced by lands fruits
Reason: the law makes no
of any kind thru cultivation or
distinction
labor.”
Examples:
Meaning of ‘Other Products of
a. lanzones and bananas
Animals’
b. palay and corn
 refers to such things as chicken
c. zacate (cultivated as food
for horses) eggs, or horse manure, or milk, or
d. all kinds of cultivated wool.
vegetables, since these are
no doubt also produced by BAR Question (Re: Offspring of
the land thru human labor Animals)
(but not canned goods or  To whom does the offspring of
manufactured products). animals belong when the male and
female belong to different owners?
Question: o Answer: under the Partidas,
 Are the cultivated trees in the owner of the female was
themselves to be considered fruits? considered also the owner
of the young, unless there is
 BULATE NOTES
Property
Chapter 2 Accession Articles 440-475

a contrary custom or (but not a bonus granted as a

speculation reward or as a compensation to a
o in one case it was held that person who mortgaged and thus
“the legal presumption, in risks his land to secure another’s
the absence of proof to the indebtedness).
contrary, is that the calf, as
well as its mother belong to  a dividend, whether in the form of
the owner of the latter, by cash or stock, is income or fruits,
the right of accretion.” because it is declared out of the
o may be applied under the profits of a corporation, and not out
Codes because such rule of the capital
merely continues the
ownership which the owner Art. 443. He who receives the
of the female possessed, fruits has the obligation to pay the
when the young was still in expenses made by a third person in
the womb of the mother their production, gathering, and
o also in accord with the preservation.
maxim “pratus sequitor
ventrem” (the offspring Duty of Recipient of Fruits to
follows the dam — or Reimburse Necessary Expenses
mother)
o This maxim is based on two Reason:
good reasons:  were it not for the said
1. oftentimes, it is not necessary cultivation
known who the expenses, there would not
male is. be any fruits grown at all, or
2. during the left or preserved
pregnancy of the  merely in consonance with
female, its owner is the principle that no one
greatly burdened may enrich himself unjustly
by the at another’s expense
consequential
expenses and Article 443 Article 449
virtual uselessness  applies when  applies only
of the animal, and the crops if the crops
it is only fair that have already have not yet
when the young is
been been
born, the owner
should gain, or at gathered gathered
least recover his  accession  the
loss continua landowner
cannot apply gets the
Civil Fruits fruits
without
Consist of:
indemnity by
a) rent of buildings;
b) price of leases (rentals) of lands the principle
and other property (even if of accession
personal property); continua
c) the amount of perpetual or life
annuities or other similar income
 BULATE NOTES
Property
Chapter 2 Accession Articles 440-475

Non-Applicability of Article When  deemed  deemed to

Planter is in Good Faith manifest exist only
 Art. 443 does not apply when the (existing) when they
planter is in good faith
the moment actually
Reason: he is entitled to the fruits
already received, hence, there is no their appear on
necessity of reimbursing him seedlings the trees.
appear from Examples:
Characteristic of the Expenses the ground, cereals, grains, rice,
Referred to in Art. 443 although the corn, sugar
a) They must have been used for grains have
production, gathering, or
not yet
preservation, not for the
improvement of the property. (KEY: actually
PGP) appeared.
b) They must have been necessary, Examples: cereals,
and not luxurious or excessive. grains, rice, corn,
sugar
Query: Suppose the expenses exceed the
value of the fruits (as when, for example, Animals
typhoons have damaged the crops) must
there still be a reimbursement for the  young of animals are already
expenses? considered existing even if still in
the maternal womb
Answer: Yes, if the owner insists on being  they should be considered existing
entitled to the fruits. only at the commencement of the
maximum ordinary period of
Reason: gestation
a. the law makes no exception or
distinction;
Civil Fruits Natural and
b. the same thing would have
happened had the owner been also Industrial Fruits
the planter;  accrue daily  while still
c. he who gets expected advantages hence, growing, are
must be prepared to shoulder considered real property
losses. in the  cannot
category of
 if the fruits had not yet been personal
gathered, no indemnity is required
property
 can be pro-
Art. 444. Only such as are
manifest or born are considered as rated
natural or industrial fruits.
With respect to animals, it is Section 2. — RIGHT OF ACCESSION
sufficient that they are in the womb WITH RESPECT TO IMMOVABLE
of the mother, although unborn. PROPERTY

Two Kinds of Crops (Annual and Art. 445. Whatever is built,

Perennial) planted or sown on the land of
another and the improvements or
Annual Crops Perennial Crops repairs made thereon, belong to the
 BULATE NOTES
Property
Chapter 2 Accession Articles 440-475

owner of the land, subject to the accessory would result in

provisions of the following articles. substantial injury to either
c. He who is in good faith may be
Accession Industrial (Building, held responsible but he should not
Planting, Sowing) be penalized.
d. He who is in bad faith may be
 deals with accession continua; penalized.
more specifically with accession e. No one should enrich himself
industrial. (BUILDING, PLANTING, unjustly at the expense of another.
SOWING) f. Bad faith of one party neutralizes
the bad faith of the other so both
Sowing Planting should be considered in good faith.
 each deposit  more or less
of seed gives permanent One Exception to the General Rule
Enunciated in Art. 445 Whereby the
rise merely trunks or
Owner of the Land is also the Owner
to a single trees are of Whatever Is Built, Planted, or
crop or produced, Sown Thereon
harvest which in turn  Under Art. 120 of the Family Code
produce
fruits In either case, the ownership of the entire
themselves property shall be vested upon the
 without a reimbursement, which shall be made at
the time of the liquidation of the conjugal
replanting,
partnership.
crops will
continue to 1. It is important to Note which is
grow every Bigger or Greater —
season a. the value of the property just
before the improvement was
made; or
 Art. 445 can be applied only if the b. its value after the improvement
owner of the land is known. including the cost
o If he be unknown, no
decision on the ownership of 2. Rules
the things planted, built or
sown, can be made.  If (a) is greater, the whole thing
belongs to the owner-spouse,
Basic Principles of Accession without prejudice to
Continua (Accession Industrial) reimbursement of the conjugal
partnership.
a. To the owner of the principal (the  If (b) is greater, the whole thing
land for example) must belong also belongs to the conjugal partnership
the accessions, in accordance with but the owner-spouse must be
the principle that “the accessory reimbursed.
follows the principal’’ (“accesio
cedit principali’’). Meaning of ‘Building’ in Art. 445
b. The union or incorporation must,  refers to all kinds of constructions
with certain exceptions, be with a roof, and used as residence,
effected in such a manner that to for office, or social meetings, etc
separate the principal from the

Some Latin Legal Maxims in
Connection with Accession Industrial
Accessorium non ducit sed sequitor suum
principali.
 The accessory does not lead but
follows its principal. Or:
 If the principal is given, the
accessory is also given; but if the
accessory is given, this does not
necessarily mean that the principal
is also given.
Accessorium sequitor naturam rei cui
accedit.
 The accessory follows the nature of
that to which it relates.
Aedifi catum solo, solo cedit.
 What is built upon the land goes
with it; or the land is the principal,
and whatever is built on it becomes
the accessory.
Art. 446. All works, sowing, and
planting are presumed made by the
owner and at his expense, unless the
contrary is proved.
Presumption that Works, Sowing and
Planting Were Made by the
Landowner and at His Expense
 The two disputable (juris tantum)
presumptions under this Article
are:
a) The works, sowing, and planting
were made by the owner.
b) They were made at the owner’s
expense.
 The two presumptions in this
Article are rules of evidence or of
substantive law, not mere rules of
procedural law.
Art. 447. The owner of the land who
makes thereon, personally or through
another, plantings, constructions or
works with the materials of another,
BULATE NOTES
Property
Chapter 2 Accession Articles 440-475
shall pay their value; and, if he acted
in bad faith, he shall also be obliged
to the reparation of damages. The
owner of the materials shall have the
right to remove them only in case he
can do so without injury to the work
constructed, or without the plantings,
constructions or works being
destroyed. However, if the landowner
acted in bad faith, the owner of the
materials may remove them in any
event, with a right to be indemnified
for damages.
Rules When Landowner Constructs or
Plants on His Land With the Materials
of Another
This Article treats of the rights and
obligations of:
a. the owner of the land who uses the
materials of another;
b. the owner of the materials.
Rights and Obligations of the Owner
of the Land Who Uses the Materials
of Another
If the landowner acted in good faith —
 He becomes the owner of the
materials but he must pay for their
value.
EXCEPTION: when they can be
removed without destruction to the
work made or to the plants.
o In such a case, the owner of
the materials can remove
them.
If the landowner is in bad faith —
 He becomes the owner of the
materials but he must pay:
1. their value; and
2. damages.
EXCEPTION: when the owner of the
materials decides to remove them
whether or not destruction would be
caused.
 BULATE NOTES
Property
Chapter 2 Accession Articles 440-475

o In this case, the materials

would still belong to the Meaning of Bad Faith and Good Faith
owner of said materials, in Connection with Art. 447
who in addition will still be
entitled to damages Good Faith Bad Faith
 if he did not  if he makes
Rights and Obligations of the Owner know that he use of the
of the Materials had no right land or
to such land materials
If the landowner acted in good faith —
or materials which he
 The owner of the materials is  if he did not knows
entitled to reimbursement know that belong to
o Provided he does not another was another
remove them using his  if he allows
 He is entitled to removal materials; or another to
o Provided no substantial granting that use the
injury is caused he did know, materials
if he without
If the landowner acted in bad faith —
 The owner of the materials is informed the informing
entitled to the ABSOLUTE right of user of the him of the
removal and damages ownership ownership
o whether or not substantial thereof and thereof
injury is caused made the
 He is entitled to reimbursement necessary
and damages prohibition.
o in case he chooses not to
remove Rule When Both Parties are in Bad
Faith
Query
The law says: “Pay their value”  Consider them in good faith
(reimbursement). Suppose the landowner
wants to return the materials instead of Rule When Landowner is in Good
reimbursing their value, may this be done Faith But Owner of Materials is in Bad
even without the consent of the former Faith
owner of the materials?  There is no provision of the law on
this point, but it would seem that
Answers: It depends:
the landowner would not only be
1. If no damage has been made to the
exempted from reimbursement, but
materials, or they have not been
he would also be entitled to
transformed — as a result of the
consequential damages
construction — they may be
o as when for instance, the
returned (of course, at the
materials are of an inferior
landowner’s expense).
quality
2. If damage has been made or there
 the owner of the materials would
has been a transformation, they
cannot be returned anymore. lose all rights to them, such as the
o Note that the law does not right of removal, regardless of
whether or not substantial injury
grant this option to the
would be caused
landowner

Presumption of Good Faith
 Good faith is always presumed, and
upon him who alleges bad faith
rests the burden of proof
Art. 448. The owner of the land on
which anything has been built, sown
or planted in good faith, shall have
the right to appropriate as his own
the works, sowing or planting, after
payment of the indemnity provided
for in articles 546 and 548, or to
oblige the one who built or planted to
pay the price of the land, and the one
who sowed, the proper rent.
However, the builder or planter
cannot be obliged to buy the land if
its value is considerably more than
that of the building or trees. In such
case, he shall pay reasonable rent, if
the owner of the land does not
choose to appropriate the building or
trees after proper indemnity. The
parties shall agree upon the terms of
the lease and in case of
disagreement, the court shall fix the
terms thereof.
 Art. 448 applies only when the
builder, planter or sower believes
he has the right to so build, plant
or sow because he thinks he owns
the land or believes himself to have
a claim of title
Rule When On the Land of a Person in
Good Faith, Another Builds, Sows, or
Plants in Bad Faith
Example:
On O’s land, B built in good faith a house.
O is in good faith. What are O’s rights?
ANS.: O is entitled to an option. He is
therefore allowed:
a. to appropriate for himself the
house upon payment of the proper
indemnity;
b. or to compel the builder B to buy
the land upon which the house has
been built, unless the value of the
BULATE NOTES
Property
Chapter 2 Accession Articles 440-475
land be considerably more than the
value of the house
 It is the owner of the land who has
the choice or option, not the
builder. Hence, the builder cannot
compel the owner of the land to
sell such land to him
 the right of the builder in good faith
is the right to reimbursement for
the improvements
 The option granted to the
landowner is not absolute, as when
it is impractical for the landowner
to exercise the first alternative
Why Option Is Given to the
Landowner and Not to the Planter or
Builder
It is the owner of the land who is allowed
to exercise the option because:
a. his right is older;
b. and because, by the principle of
accession, he is entitled to the
ownership of the accessory thing
The Indemnities to be Given
1. Necessary Expenses.
o made for the preservation of
the thing or
o those without which the
thing would deteriorate or
be lost
o such as those incurred for
cultivation, production,
and upkeep.
o include necessary repairs
2. Useful Expenses
o those that augment the
income of the thing upon
which they are spent
o or add value to the property
but do not include the value
of farming implements or
work animals which do not
remain on the land
3. Luxurious Expenses — if he desires
to appropriate them for himself.
 BULATE NOTES
Property
Chapter 2 Accession Articles 440-475

Rights of Landowner Before He Makes

the Choice