Property -CivRev

CLASSIFICATION: IMMOVABLE AND MOVABLE ENUMERATION

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Art. 415. - The  following are immovable property:
CONCEPT (1) Lands, buildings, roads and constructions of all kinds
adhered to the soil;
DEFINITION (2) Trees, plants, and growing fruits, while they are attached to
the land or form an integral part of an immovable;
• things capable of satisfying human wants and are susceptible (3) Everything attached to an immovable in a xed manner, in
of appropriation such a way that it cannot be separated therefrom without
breaking the material or deterioration of the object;
REQUISITES (4) Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the
Utility owner of the immovable in such a manner that it reveals the
intention to attach them permanently to the tenements;
• capacity to satisfy human wants (5) Machinery, receptacles, instruments or implements
intended by the owner of the tenement for an industry or
Substance 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
• aka individuality said industry or works;
• having a separate and autonomous existence (6) Animal houses, pigeon-houses, beehives, sh ponds or
breeding places of similar nature, in case their owner has
Susceptibility to Appropriation placed them or preserves 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;
KINDS (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
IMMOVABLE BY NATURE
stagnant;
(9) Docks and structures which, though oating, are intended
• those w/c by their essence and nature are immovable and by their nature and object to remain at a xed place on a
cannot be moved from one place to another
river, lake, or coast;
(10) Contracts for public works, and servitudes and other real
Examples
rights over immovable property.
• lands
• roads PAR. 1
• mines
quarries LANDS AND ROADS
•
• slag dumps
• always immovable
IMMOVABLE BY INCORPORATION
BUILDINGS
• by reason of their attachment/incorporation to an immovable, Those permanently attached to the Land
in such a manner as to be an integral part thereof

Examples • always immovable

• once a building is permanently attached, it is immovable,
irrespective of w/n said structure and the land on w/c it is
• buildings and constructions of all kinds adhered to the soil adhered to belong to the same owner or w/n building is
• trees, plants, and growing fruits attached to the land or erected by the landowner
forming an integral part of an immovable
• those attached to an immovable in the manner provided fro in Notes:
art. 415(3)
• if parties will treat a building as a movable as bet. them, they
are estopped from alleging the contrary (N/A to strangers to
IMMOVABLE BY DESTINATION said contract)
• as far as 3rd persons, who aren’t parties thereto, the house/
• essentially movable, but for the purpose for w/c they have building is considered an immovable property
been placed in an immovable, partake of the nature of the
latter because of the added utility derived therefrom • even if parties treated building as personal property, the
Register of Deeds (RD) may not refuse the registration of the
chattel mortgage, since its duties are purely ministerial
IMMOVABLE BY ANALOGY
Those merely superimposed on Soil/sold for Immediate
• those mentioned in par. 10 of article 415 Demolition

• considered movable

In of Itself

• real
• hence, may be mortgaged apart from the land on w/c it has
been built

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CONSTRUCTIONS ADHERING TO SOIL Industry/Work must be carried on in a Building or on Piece of

Land
Requisites for Immovability
• even on waters
• attached permanently to the land
• must not be of provisional/temporary character, but xed/ Note:
integral • submarine/underwater communications cables may be
classi ed as “machinery”
PAR. 2
Placed by Tenement’s Owner
TREES AND PLANTS
• unless tenant acts as agent of the owner
When incorporated to the Soil
APPLICATION OF ESTOPPEL
• generally immovable
• although machineries are essential and principal elements of
If cut/uprooted the industry, they can be proper subjects of a writ of replevin
if the parties have treated the same as personal property
• become movable
• unless they form integral part of the land (ex: timber, as the PAR. 6
tenement’s natural product)
• animal houses, pigeon-houses, beehives, sh ponds, or
GROWING FRUITS breeding places of similar nature

• may be, for certain purposes, regarded as personal property REQUISITES

(under article 416, par. 2)
• regarded as personal for purposes of sale, attachment, • permanently attached to the land
execution and mortgage • placed by landowner
• not permanently attached to the soil (otherwise, it will
PAR. 3 become an immovable by incorporation under par. 1 or under
par. 3)
• everything attached to an immovable in a xed manner (aka
permanent xtures) PAR. 7
• in such manner that they cannot be separated therefrom w/o
breaking the material or deterioration of the object • fertilizers actually used on a piece of land

PAR. 4 PAR. 8

• ornaments or statues, reliefs, paintings, or other objects for • mines, quarries, and slag dumps, while the matter thereof
use or ornamentation forms part of the bed; and
• placed in buildings or on lands by the immovable’s owner • waters either running or stagnant
• place in such manner that it reveals the intention to attach
them permanently to the tenements PAR. 9

Paragraph 3 Paragraph 4
• docks and structures w/c, though oating, are intended by
their nature and object, to remain at a xed placed on a river,
lake, or coast
immovable by incorporation immovable by destination • immovables by destination
• ex: boathouse (vessel by nature) tied to the shore and used
as a residence, and oats on water (making it immovable)
separation not possible w/o separation possible w/o injury
injury
PAR. 10
not important who caused the owner of immovable must be
attachment the one to place the ornament • contracts for public works, and services and other real rights
unto the immovable over immovable property
• immovables by analogy
PAR. 5
If Real Right is exercised over Immovable
• machineries, receptacles, instruments or implements
• considered real property
• intended to be used for an industry/works
• ex: registered real estate mortgage
• immovables by destination
If Real Right is exercised over Movable
REQUISITES FOR IMMOVABILITY

Destined for Use in the Industry/Work in the Tenement • always personal property
• whether exercised over personal property or over real
property (XPN: contracts for public works)
• must be essential and principal elements of the industry/work

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 Property -CivRev

REAL PROPERTY FOR TAXATION PURPOSES MOVABLE PROPERTY

LOCAL GOVERNMENT CODE PREVAILS UNDER ARTICLE 416

• since a special law granting LGUs the power to impose real Art. 416. - The following things are deemed to be personal
property tax must prevail, for purposes of determining w/c property:
property is subject to real property tax (1) Those movables susceptible of appropriation which are not
included in the preceding article;
Illustrations (2) Real property which by any special provision of law is
considered as personalty;
(3) Forces of nature which are brought under control by
Case Ruling
science; and
(4) In general, all things which can be transported from place
MERALCO. v. City transformers, electric posts, transmission to place without impairment of the real property to which
Assessor (2015) lines, insulators, and electric meters of they are xed.
MERALCO may qualify as “machinery”
under LGC, subject to real property tax FIRST CATEGORY
Capitol Wireless submarine or undersea communications
Inc. v. Provincial cables entering the PH territorial jurisdiction • those not susceptible of appropriation that aren’t in
are likewise akin to electric transmission enumeration of immovables
Tr e a s u r e r o f
Batangas (2016)
lines, and may qualify as “machinery” • interest in business is personal property (as well as the
subject to real property tax under the LGC business itself)

SECOND CATEGORY

• real property w/c by law is considered as personal property

• ex: growing fruits (although attached to the land for purposes
of the sale of the whole crops, of Chattel Mortgage Law, or of
attachment/execution)

THIRD CATEGORY

• forces of nature brought under control by science

• ex: gas/electricity

FOURTH CATEGORY

• generally all things that can be transported from place to

place, w/o impairment of real property to w/c they are xed
• ex: vessels

UNDER ARTICLE 417

Art. 417. - The following are also considered as personal

property:
(1) Obligations and actions which have for their object
movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial
entities, although they may have real estate.

FIRST CATEGORY

• those obligations and actions that have movables or sums

(demandable) as their object(s)
• but a mortgage loan is considered real property (because it is
a real right over an immovable, therefore, real by analogy)

SECOND CATEGORY

• those shares of stock of agricultural, commercial, and

industrial entities (although they may have real estate)
• membership shares in golf clubs (such is a property right by
w/c a person cannot be deprived of w/o a ording him the
bene t of due process)

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 Property -CivRev

CLASSIFICATION OF MOVABLE PROPERTY

CONSUMABLE/NON-CONSUMABLE

Art. 418. - Movable property is either consumable or

nonconsumable. To the rst class belong those movables
which cannot be used in a manner appropriate to their nature
without their being consumed; to the second class belong all
the others.

Consumable

• movable w/c cannot be used in a manner appropriate to its

nature w/o itself being consumed

Non-Consumable

• movable w/c can be used in a manner appropriate to its

nature w/o itself being consumed

Note:
• classi cation applies to movables and to corporeal objects
only

FUNGIBLE/NON-FUNGIBLE

Fungible

• if, by parties’ intention, it can be replaced by another of the

same kind
• otherwise, it is a non-fungible

Non-Fungible

• otherwise

Notes:
• in classifying movables into either, the basis of the
classi cation is the very nature of the corporeal object itself
• on the other hand, the basis of the classi cation of movables
into fungible or non-fungible is simply the intention of the
parties

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 Property -CivRev

CLASSIFICATION BASED ON OWNERSHIP PROPERTY OF STATE

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OF PUBLIC DOMINION
IN GENERAL
KINDS
Art. 419. - Property is either of public dominion or of private
ownership. Art. 420. - The following things are property of public
dominion:
(1) Those intended for public use, such as roads, canals, rivers,
Public Dominion Private Ownership torrents, ports and bridges constructed by the State, banks,
shores, roadsteads, and others of similar character;
(i) those intended for public use
(i) patrimonial property of the (2) Those which belong to the State, without being for public
(ii) those intended for some State
use, and are intended for some public service or for the
public service
(ii) patrimonial property of the development of the national wealth.
(iii) those intended for the LGUs

development of national (iii) property belonging to private Those intended for Public Use
wealth individuals
• or those the use of w/c is not con ned to privileged
individuals, but is open to the inde nite public
• ex: roads, canals, rivers, torrents, ports, and bridges
OF PRIVATE PERSONS constructed by the State, banks, shores, roadsteads, and
others of similar character
Art. 425. - Property of private ownership, besides the
patrimonial property of the State, provinces, cities, and Those intended for Some Public Service
municipalities, consists of all property belonging to private
persons, either individually or collectively. • or those w/c cannot be used indiscriminately by anyone, but
only by those that are authorized by proper authority
Art. 426. - Whenever by provision of the law, or an individual
declaration, the expression “immovable things or property,” or Those intended for Development of National Wealth
“movable things or property,” is used, it shall be deemed to
include, respectively, the things enumerated in Chapter 1 and in • mere intention to devote a property to public use, public
Chapter 2. service, or for the development of the national wealth is
Whenever the word “muebles,” or “furniture,” is used alone, it su cient in order to make it a property of public dominion,
shall not be deemed to include money, credits, commercial and it is not necessary that it must actually be used as such
securities, stocks and bonds, jewelry, scienti c or artistic
collections, books, medals, arms, clothing, horses or carriages EXAMPLES
and their accessories, grains, liquids and merchandise, or other
things which do not have as their principal object the furnishing Ports
or ornamenting of a building, except where from the context of
the law, or the individual declaration, the contrary clearly • whether of sea or air
appears.
Shores and Foreshore Lands

• as well as the reclamation of foreshore lands and submerged

areas
• foreshore land is that part of the land immediately in front of
the shore (part w/c is bet. high and low water marks and
alternately covered w/ water and left dry by the ux and
re ux of the ties), indicated by a middle line bet. the highest
and lowest tides

Notes:
• mere reclamation of foreshore lands and submerged areas
do not convert them into patrimonial property
• there must be a law/presidential proclamation o cially
classifying them into patrimonial property

All Waters belonging to State

• rivers, natural lakes and their respective natural beds (the

ground covered by their waters when at their highest
ordinary depth), creeks (recess/arm extending from a river
and participating in the ebb and ow of the sea)

Road Right of Way for National Highways

Lands classi ed as Reservations for Public or Quasi-Public

Uses

• including military reservations

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Water Works System constructed by DPWH • applicant and its predecessors-in-interest have been in open,
continuous, exclusive, and notorious possession and
• as long as devoted to public use occupation of the land under a bona de claim of ownership
• applicant and its predecessors-in-interest have possessed
ALIENABLE AND DISPOSABLE AGRICULTURAL LANDS and occupied the land since June 12, 1945 (or earlier)

Classes of Public Lands Notes:

• when all reqs are present, the land ceases to be part of the
• Constitution classi es lands of these public domain (or public public domain and becomes private property
lands) into agricultural, forest or timber, mineral, and national
parks Requisites for Registration under Par. 2
• only agricultural lands of the public domain may be alienated,
while all other natural resources may not be alienated • land is alienable and disposable patrimonial property of the
public domain
Two Types of Alienable and Disposable Lands of the State • applicant and his predecessors-in-interest have been in
possession of the land for at least 10 years (in GF and w/ just
Patrimonial Lands of State title) or at least 30 years (regardless of GF or just title)
• land had already been covered to or declared as patrimonial
• w/o limitation property of the State at the beginning of said 10-year or 30-
year period of possession
Lands of Public Domain
CHARACTERISTICS OF PROPERTY OF PUBLIC DOMINION
• or public lands as provided by the Constitution, but w/
limitation that the lands must only be agricultural Outside the Commerce of Man

Still classi ed as Public Dominion • cannot be subject to sale, disposition or encumbrance (any
would be void)
• lands of the public domain, w/n declared alienable and • nor may they be leased or be the subject matter of contracts
disposable
• thus insusceptible to acquisition by prescription Not Susceptible to Private Appropriation
• declaration gives the State the authority to alienate or
dispose the agricultural land in accordance w/ law • cannot be acquired by acquisitive prescription

Modes to convert into Patrimonial Property Cannot be Subject of an Auction Sale

• nor of levy, encumbrance, or disposition thru public/private

Express Declaration by State that Public Dominion Property is
sale (shall be void)
no longer intended for Public Service
Unburdened by any Voluntary Easement
• or development of national wealth, or that the property has
been converted into patrimonial property
• such declaration shall be in the form of a law duty enacted by
Congress or a Presidential Proclamation in cases where the PATRIMONIAL PROPERTY OF STATE
President is duly authorized by law
CONCEPT
Actually alienated and disposed of by the State
Art. 421. - All other property of the State, which is not of the
character stated in the preceding article, is patrimonial
PROPERTY REGISTRATION DECREE; SECS. 14(1) AND 14(2)
property.
Distinctions
• property owned by government in its private capacity

Paragraph 1 Paragraph 2 SUB-CLASSIFICATION

By Nature or Use
basis of grant of title is simply basis is acquisitive prescription
possession and occupation
Art. 421. - supra.
registration is based on Property registration is based on the
Registration Decree and the Property Registration Decree • not property of public dominion or imbued w/ public purpose
Public Lands Act and the Civil Code based on the State’s current or intended use

land involved is agricultural land land involved must be By Conversion

of the public domain already patrimonial
declared alienable and
Art. 422. - Property of public dominion, when no longer
disposable (not yet patrimonial)
intended for public use or for public service, shall form part of
the patrimonial property of the State.
Requisites for Registration under Par. 1 (Judicial Con rmation
of Imperfect/Incomplete Title) • previously assumed the nature of property of public dominion
by virtue of the State’s use, but w/c are no longer being used
• land is alienable and disposable land of the public domain (at nor intended for said purpose
least at the time of ling of application)

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SUSCEPTIBLE TO PRESCRIPTION PROPERTY OF PROVINCES, CITIES, AND MUNICIPALITIES

Art. 1113. - All things which are within the commerce of men are IN GENERAL
susceptible of prescription, unless otherwise provided.
Property of the State or any of its subdivisions not patrimonial Art. 423. - The property of provinces, cities, and municipalities
in character shall not be the object of prescription. is divided into property for public use and patrimonial property.

• patrimonial property of State may be acquired by prescription PUBLIC DOMINION

REQS FOR CONVERSION TO PATRIMONIAL PROPERTY Kinds

Abandonment Those intended for Public Use

• or non-use
A rmative Act
• either on the part of executive or the legislative, to reclassify
property of the public dominion into patrimonial property
• such need not be a law, except in the conversion of
agricultural lands of the public domain w/c have already been
declared alienable and disposable, where the conversion
must be expressly declared in the form of a law duly enacted
by Congress or a Presidential Proclamation in cases where
the President is duly authorized by law
Art. 424, par. 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.
Those not expressly enumerated but devoted to Public and
Governmental Purposes
• such as local administration, public education, and public
health
Characteristics

• governed by same principles as property of public dominion

of the same character

In Summary:
• inalienable or not disposable
• not subject to registration under PD 1529 and cannot be the
subject of a Torrens title
• not susceptible to prescription
• cannot be leased, sold, or otherwise be the object of a
contract
• not subject to attachment and execution
• cannot be burdened by any voluntary easements

PATRIMONIAL PROPERTY

Art. 424, par. 2. - All other property possessed by any of them

is patrimonial and shall be governed by this Code, without
prejudice to the provisions of special laws.

EXTENT OF CONGRESS’ CONTROL

Circumstances Rule

if property is owned by LGU in public property, w/c Congress

its public and governmental has absolute control over
capacity

if property is owned by LGU in patrimonial property, w/c

its private or proprietary Congress has no control over
capacity (thus LGU cannot be deprived of
it w/o due process and payment
of just compensation)

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 Property -CivRev

OWNERSHIP IN GENERAL RIGHT TO ENJOY

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Art. 428. - The owner has the right to enjoy and dispose of a
RIGHTS INCLUDED thing, without other limitations than those established by law.
The owner has also a right of action against the holder and
Art. 427. - Ownership may be exercised over things or rights. possessor of the thing in order to recover it.

• right to enjoy BASIC LIMITATION

• right to dispose
• right to recover • principle of abuse of right
• right to exclude others from the property
• right to enclose/fence property
• right to compensation in case of eminent domain
• right to surface, sub-surface, and space above land RIGHT TO EXCLUDE OTHERS
• right to hidden treasure
• right of accession Art. 429. - The owner or lawful possessor of a thing has the
right to exclude any person from the enjoyment and disposal
RIGHTS INCLUDED IN RIGHT TO ENJOY thereof. For this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual or
• to the fruits ( jus fruendi) threatened unlawful physical invasion or usurpation of his
• to possess ( jus possidendi) property.
• to use ( jus utendi)
• to consume or abuse ( jus abutendi) RIGHT TO FENCE

Art. 430. - Every owner may enclose or fence his land or

Real Right Personal Right tenements by means of walls, ditches, live or dead hedges, or
by any other means without detriment to servitudes constituted
jus in re; jus in rem jus in personam; jus ad rem
thereon.

Art. 431. - The owner of a thing cannot make use thereof in

confers upon its holder an power of one person to demand such manner as to injure the rights of a third person.
autonomous power to derive of another as a de nite passive
directly from a thing (property) subject the ful llment of a • subject only to limitations and restrictions provided by law
certain economic advantages prestation to give, to do, or not
independently of whoever to do
should be the thing’s possessor
SELF-HELP DOCTRINE

absolute relative Art. 429. - supra.

• owner or lawful possessor may use reasonable force to repel/

holder must be able to act holder of right must enforce his prevent an actual or threatened unlawful physical invasion or
directly upon the thing by rights thru another’s action
usurpation of his property
himself
• can only be exercised at the time of actual or treated
has a speci c object or item of a ects all present and future dispossession (not when possession has already been lost)
property property of debtor
Note:
exercised directly over thing exercised thru another person • when possession was already lost, then the owner must
resort to judicial process for the property’s recovery
follow its objects in the hands of not enforceable against a
any possessor transferee w/o notice STATE OF NECESSITY DOCTRINE

limited by value of object or its not so limited (may be enforced
productivity versus all properties of debtor
not exempt from execution)
extinguished by loss/destruction extinguished by payment/
of object/thing performance or other modes of
extinguishing obligations
Art. 432. - 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 bene ted indemnity for the damage to him.
Requisites

• situation of grave peril, an actual/imminent danger, either

upon the person of the actor or a 3rd person or their property
• interference is necessary to avert such danger
• threatened damage, compared to the damage arising to the
owner from the interference, is much greater
• state of necessity is not brought about by the intentional
provocation os the party invoking the same

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RIGHT TO RECOVER ACCION REINVINDICATORIA

BASIC RULE Concept

Art. 536. - In no case may possession be acquired through • suit w/c has for its object the recovery of possession over the
force or intimidation as long as there is a possessor who real property as owner
objects thereto. He who believes that he has an action or a • involves recovery of ownership and possession based on the
right to deprive another of the holding of a thing, must invoke said ownership
the aid of the competent court, if the holder should refuse to
deliver the thing. Requisites

ACCION INTERDICTAL Art. 434. - In an action to recover, the property must be

identi ed, and the plainti must rely on the strength of his title
Concept and not on the weakness of the defendant’s claim.

• limited to right to physical possession (de facto) Identi cation of Property claimed
independently of any ownership claim
• action is either of forcible entry/unlawful detainer • person who claims that he has a better right to the property
must rst x identity of land he’s claiming by describing its
Distinctions location, area, and the boundaries thereof

Forcible Entry Unlawful Detainer Proof of Title

• plainti must rely on strength of own title rather than the

plainti must prove that he was plainti need not have been in weakness of defendant’s
in prior physical possession of prior physical possession
the premises Jurisdiction
possession of land by defendant possession of defendant is
is unlawful from the very inceptively lawful but it becomes Court Ground(s)
beginning illegal by reason of termination
of his right to the possession of
the property under his contract MTC if property’s assessed value is not > P50k (if
in Metro Manila) or > P20k
no need for previous demand to such demand is jurisdictional in
vacate the premises nature RTC otherwise

one-year prescriptive period is

counted from the date of the last
demand • recall that it is an action involving title to or possession of real
property
Jurisdiction Registered Owners’ Action is Imprescriptible
• ALWAYS w/ the MTC • action by registered owner to recover a real property
registered under the Torrens System does not prescribe
ACCION PUBLICIANA
NOT COLLATERAL ATTACK
Concept
In Actions for FE/UD and Accion Publiciana
• aka accion plenaria de posesión
• plenary action not recover the right of possession, and the • plainti ’s objective is to recover possession only
issue is w/c party has the better right of possession (de jure) • hence, in the latter, the defense of ownership (i.e., that
• issue here is the better right of possession of real property defendant is the rightful owner) will not trigger a collateral
independent of title attack on plainti ’s Torrens or TCT, because the resolution of
• objective of plainti s is to recover possession only the issue of ownership is done only to determine the issue of
possession
Where else used:
• ejectment suit where cause of dispossession is not among In Accion Reinvindicatoria
the grounds for FE/UD
• ejectment suit where possession has been lost for > 1 year • court where the reinvindicatory or reconveyance suit is led
and action can no longer be maintained under Rule 70 has the requisite jurisdiction to rule de nitely or w/ nality on
the issue of ownership - it can pass upon the validity of the
Jurisdiction plainti ’s TCT
• hence no collateral attack
Court Ground(s)

MTC if property’s assessed value is not > P50k (if

in Metro Manila) or > P20k

RTC otherwise

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RIGHT TO SURFACE, SUB-SURFACE, AND AIRSPACE OWNERSHIP OF WATERS*

RULE PROPERTY OF PUBLIC DOMINION

Art. 437. - The owner of a parcel of land is the owner of its OWNERSHIP
surface and of everything under it, and he can construct
thereon any works or make any plantations and excavations Art. 5, Water Code. - The following belong to the State:
which he may deem proper, without detriment to servitudes (a) Rivers and their natural beds;
and subject to special laws and ordinances. He cannot (b) Continuous or intermittent waters of springs and brooks
complain of the reasonable requirements of aerial navigation. running in their natural beds and the beds themselves;
(c) Natural lakes and lagoons;
• owner of piece of land has rights to surface and everything (d) All other categories of surface waters such as water owing
underneath and the airspace above it, up to a reasonable over lands, water from rainfall whether natural or arti cial,
height and water from agriculture runo , seepage and drainage;
(e) Atmospheric water;
LIMITATIONS (f) Subterranean or ground waters; and
(g) Seawater.
• servitudes/easements
• special laws Art. 6, Water Code. - The following waters found on private
• ordinances lands also belong to the State:
• reasonable requirements of viral navigation (a) Continous or intermittent waters rising on such lands;
• rights of third persons (b) Lakes and lagoons naturally occurring on such lands;
• contracts (c) Rain water falling on such lands;
(d) Subterranean or ground waters; and
RIGHT TO SUB-SURFACE (e) Water in swamps and marshes.
The owner of the land where the water is found may use the
• rights over lands are indivisible, and consequently, require a same for domestic purposes without securing a permit,
de nitive and categorical classi cation provided that such use shall be registered, when required by
• ex: cannot be classi ed as half-agricultural and half-mineral the Council. The Council, however, may regulate such use
when there is wastage, or in times of emergency.
Notes:
• in the context of expropriation proceedings, the soil has no APPROPRIATION OF WATERS
value separate from that of the expropriated land
• when landowner cannot dig upon his property motorized • privilege to appropriate and use water is one w/c is
deep wells and was prevented from doing so by the exclusively granted and regulated by the State thru water
authorities, he is entitled to recover the full compensation for permits issued by the National Water Resources Board
the land, since the nature of the easement deprives the (NWRB)
owner of its normal bene cial use • conversely, the power to modify/suspend/cancel/revoke
water permits already issued also rests w/ NWRB

WATER PERMIT
RIGHT TO HIDDEN TREASURE
Art. 13, Water Code. - Except as otherwise herein provided, no
Art. 439. - By treasure is understood, for legal purposes, any person, including government instrumentalities or government-
hidden and unknown deposit of money, jewelry, or other owned or controlled corporations, shall appropriate water
precious objects, the lawful ownership of which does not without a water right, which shall be evidenced by a document
appear. known as a water permit.
Water right is the privilege granted by the government to
Finding Upon Chance appropriate and use water.

Art. 438. - Hidden treasure belongs to the owner of the land, When Security of Permit is Not Necessary
building, or other property on which it is found.
Nevertheless, when the discovery is made on the property of For Use of Waters found on Private Lands by Owner thereof
another, or of the State or any of its subdivisions, and by for Domestic Purposes only
chance, one-half thereof shall be allowed to the nder. If the
nder is a trespasser, he shall not be entitled to any share of Art. 6, Water Code. - supra.
the treasure.
Use of Natural Bodies of Water for Any of the 2 Purposes
Deliberate Search
Art. 14, Water Code. - Subject to the provisions of this Code
Art. 438, par. 3. - If the things found be of interest to science or concerning the control, protection, conservation, and regulation
the arts, the State may acquire them at their just price, which of the appropriation and use of waters, any person may
shall be divided in conformity with the rule stated. appropriate or use natural bodies of water without securing a
water permit for any of the following
• by special law, a treasure hunting permit is necessary, (a) Appropriation of water by means of hand-carried
obtained from the National Heritage Commission, if the receptacles; and
activity is for the purpose of recovering treasures of cultural (b) Bathing or washing, watering or dipping of domestic or farm
and historical values animals, and navigation of watercrafts or transportation of
• otherwise, the permit must be from DENR logs and other objects by otation.

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 Property -CivRev

ACCESSION ACCESSION DISCRETA

—————————————————————————————————
BASIC RULE
BASIC CONCEPT
Art. 440. - supra.
DEFINITION
Art. 441. - To the owner belongs:
Art. 440. - The ownership of property gives the right by (1) The natural fruits;
accession to everything which is produced thereby, or which is (2) The industrial fruits;
incorporated or attached thereto, either naturally or arti cially. (3) The civil fruits.

KINDS EXCEPTIONS

Accesion Discreta In Usufruct

Art. 526. - He is deemed a possessor in good faith who is not

• right of owner of a property to whatever is produced thereby
or to the fruits of the same aware that there exists in his title or mode of acquisition any
aw which invalidates it.
Accesion Continua He is deemed a possessor in bad faith who possesses in any
case contrary to the foregoing
Mistake upon a doubtful or di cult question of law may be the
• right to acquire whatever is attached/incorporated naturally
or arti cially to our things basis of good faith.

In Lease of Rural Land

In Reference to Immovable Property
Art. 1654. - The lessor is obliged:
Accession Industrial Accession Natural (1) To deliver the thing which is the object of the contract in
such a condition as to render it t for the use intended
(2) To make on the same during the lease all the necessary
may take the form of building, may either be alluvion, avulsion,
planting, or sowing change of course of river, or
repairs in order to keep it suitable for the use to which it
formation of islands has been devoted, unless there is a stipulation to the
contrary;
(3) To maintain the lessee in the peaceful and adequate
In Reference to Movable Property enjoyment of the lease for the entire duration of the
contract.
Adjunction/ Commixtion/ Speci cation
Art. 1676, par. 2. - If the buyer makes use of this right, the
Cojunction Confusion
lessee may demand that he be allowed to gather the fruits of
the harvest which corresponds to the current agricultural year
may furthermore
take place by:
and that the vendor indemnify him for damages su ered.
(i) inclusion or
engraftment;
In Antichresis
(ii) soldadura or
attachment;
Art. 2132. - By the contract of antichresis the creditor acquires
(iii) tejido or the right to receive the fruits of an immovable of his debtor,
weaving;
with the obligation to apply them to the payment of the interest,
(iv) pintura or
if owing, and thereafter to the principal of his credit.
painting;

(v) escritura or
writing Possessor in GF

Art. 544. - A possessor in good faith is entitled to the fruits

received before the possession is legally interrupted.
Natural and industrial fruits are considered received from the
time they are gathered or severed.
Civil fruits are deemed to accrue daily and belong to the
possessor in good faith in that proportion.

Naturally Falling Fruits

Art. 681. - Fruits naturally falling upon adjacent land belong to

the owner of said land.

KINDS

Natural Fruits

Art. 442, par. 1. - Natural fruits are the spontaneous products of

the soil, and the young and other products of animals.

• those w/c appear w/o intervention of human labor

• including wild fruits, herbs, common grass, young and other
products of animals (milk, hair, wool, horn, hide, eggs, shit)

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 Property -CivRev
Note:
• if the young/o spring is a product of animals belonging to
di erent owners, the young belongs to the owner of the
female parent, in the absence of agreement to the contrary,
based on the maxim partus sequitur ventrem
Industrial Fruits
Art. 442, par. 2. - Industrial fruits are those produced by lands
of any kind through cultivation or labor.
Civil Fruits
Art. 442. par. 3. - Civil fruits are the rents of buildings, the price
of leases of lands and other property and the amount of
perpetual or life annuities or other similar income.
• rent belongs to the owner of the property producing it, by
right of accession
• hence, in case of dispute over its ownership the rightful
recipient of the disputed rent should be the owner of the
subject lot at the time the rent accrued
• bank interests also partake of the nature of civil fruits under
article 442 (and since they’re also fruits, ownership thereof
should be due to the owner of the principal)
Art. 444. - Only such as are manifest or born are considered as
natural or industrial fruits.
With respect to animals, it is su cient that they are in the womb
of the mother, although unborn.
E X P E N S E S I N P R O D U C T I O N , G AT H E R I N G , A N D
PRESERVATION
Art. 443. - He who receives the fruits has the obligation to pay
the expenses made by a third person in their production,
gathering, and preservation.
• where the recipient of fruits was not the same person who
incurred the expenses in connection w/ its production,
gathering, and preservation, the former has the obligation to
pay the expenses made by the latter in the production,
gathering and preservation of the fruits, whether the latter
acted in GF or in BF
• rule applies only when fruits are already harvested and
gathered (since 443 refers to person “who receives the
fruits”)
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INDUSTRIAL ACCESSION
OVERVIEW
Art. 445. - Whatever is built, planted or sown on the land of
another and the improvements or repairs made thereon,
belong to the owner of the land, subject to the provisions of the
following articles
Art. 446. - All works, sowing, and planting are presumed made
by the owner and at his expense, unless the contrary is proved.
WHEN LANDOWNER BUILDS, PLANTS, SOWS ON HIS LAND
W/ ANOTHER’S MATERIALS
Art. 447. - The owner of the land who makes thereon,
personally or through another, plantings, constructions or works
with the materials of another, 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 indemni ed for damages.
WHEN BOTH IN GF
• landowner must appropriate the materials, but must pay for
its value
WHEN LANDOWNER IN GF + MATERIALS’ OWNER IN BF
• materials owner loses materials w/o right to indemnity
• same shall be liable for damages
WHEN LANDOWNER IN BF + MATERIALS’ OWNER IN GF
Latter’s Options:
• demanding value of his materials + damages; or
• demanding return of his accessory thing in any event (even if
injury us caused thereby to the land) at landowner’s expense
+ damages
B/P/S BUILDS, PLANTS OR SOWS ON ANOTHER’S LAND, W/
HIS OWN MATERIALS, AND BOTH ARE IN GF
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 x the terms
thereof.
Art. 546. - Necessary expenses shall be refunded to every
possessor; but only the possessor in good faith may retain the
thing until he has been reimbursed therefor.
Useful expenses shall be refunded only to the possessor in
good faith with the same right of retention, the person who has
defeated him in the possession having the option of refunding
the amount of the expenses or of paying the increase in value
which the thing may have acquired by reason thereof

 Property -CivRev

Art. 548. - Expenses for pure luxury or mere pleasure shall not however, cause any more impairment upon the property leased
be refunded to the possessor in good faith; but he may remove than is necessary.
the ornaments with which he has embellished the principal With regard to ornamental expenses, the lessee shall not be
thing if it su ers no injury thereby, and if his successor in the entitled to any reimbursement, but he may remove the
possession does not prefer to refund the amount expended. ornamental objects, provided no damage is caused to the
principal thing, and the lessor does not choose to retain them
CONCEPT by paying their value at the time the lease is extinguished.

Limited De nition • when lessee introduced an improvement on the leased

premises, the applicable law is article 1678 (NOT article 448)
• builder believes that he is the landowner or that by some title
he has the right to build thereon, or that (at least) he has a Useful Improvements
claim of title thereto
• ex: when builders constructed their house on the adjacent • as a result, the lessor has the option (i) of appropriating the
lot, because the geodetic engineer erroneously pointed to useful improvements by paying 1/2 of their value at that time,
said lot as the one purchased by the builders or (ii) to allow the lessee to remove the improvements
Expanded De nition • in second option (removal), the lessee can cause damage to
the leased premises so long as the injury is related to the
• where builders knew that they were not land’s owners but removal
still made improvements on said land, w/ consent of the
actual owner Ornamental Improvements
• ex: when landowner allowed children to construct their house
on the land he/she owns • lessor has the option (i) of appropriating the ornaments by
paying their full value at that time, or (ii) to allow the lessee to
When N/A remove the ornamental objects, if the removal can be done
w/o damaging the leased premises
• one who gave consent to BPS was a complete stranger to the
builders Involving Usufruct

Involving Right of Repurchase
Art. 1601. - Conventional redemption shall take place when the
vendor reserves the right to repurchase the thing sold, with the
obligation to comply with the provisions of article 1616 and
other stipulations which may have been agreed upon.
Art. 579. - The usufructuary may make on the property held in
usufruct such useful improvements or expenses for mere
pleasure as he may deem proper, provided he does not alter its
form or substance; but he shall have no right to be indemni ed
therefor. He may, however, remove such improvements, should
it be possible to do so without damage to the property.

Art. 1606. - The right referred to in article 1601, in the absence Art. 580. - The usufructuary may set o the improvements he
of an express agreement, shall last four years from the date of may have made on the property against any damage to the
the contract. same.
Should there be an agreement, the period cannot exceed ten
years. • the applicable laws when a usufructuary introduced useful
However, the vendor may still exercise the right to repurchase improvements or ornaments on the property subject matter of
within thirty days from the time nal judgment was rendered in the usufruct
a civil action on the basis that the contract was a true sale with • here, the usufructuary may remove the improvements if it will
right to repurchase. not incur the principal thing
• he may also instead o set such improvements against any
Art. 1616. - The vendor cannot avail himself of the right of damage he may have caused to the property
repurchase without returning to the vendee the price of the
sale, and in addition: Involving Condominium Act
(1) The expenses of the contract, and any other legitimate
payments made by reason of the sale; • Condominium Act and Condo Corporation’s Master Deed and
(2) The necessary and useful expenses made on the thing By-laws shall govern
sold.
Where Ownership of Land is lost
• contracts involving said right make article 448 N/A
• when vendee a retro introduced improvements on the • article 448 is applicable when landowner loses ownership of
property prior to repurchase, articles 1606 and 1616 require his land, because of non-payment of real estate tax to settle
the vendor a retro to also pay the necessary and useful the controversy w/ respect to the improvement on the land
expenses made on the thing sold
When Builder is a Co-owner
Involving Contract of Lease
• 448 ordinarily is n/a because he is a builder-owner
Art. 1678. - If the lessee makes, in good faith, useful • by way of exception, the provision applies to 1 whose house,
improvements which are suitable to the use for which the lease despite having been built at the time he was still co-owner,
is intended, without altering the form or substance of the overlapped w/ the land of another
property leased, the lessor upon the termination of the lease
shall pay the lessee one-half of the value of the improvements Successor-in-Interest
at that time. Should the lessor refuse to reimburse said amount,
the lessee may remove the improvements, even though the • 448 may be invoked by such person of the builder in GF
principal thing may su er damage thereby. He shall not,

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 Property -CivRev

OPTIONS OF LANDOWNER B/P/S BUILDS, PLANTS OR SOWS ON LAND OF ANOTHER

• following options belong to the landowner, as his right is
older, in accordance w/ principle of accession (accessory
follows the principal, and not the other way around)
• option is preclusive
• it is only when the owner chooses to sell his land, and the B/P
fails to purchase the same (and its value is not > value of
improvements) that the owner may remove the improvements
from the land
Appropriate Works, Sowing, or Planting as His Own
Art. 448. - supra.
Oblige B/P/ to pay Price of Land and/or S to pay Proper Rent
W/ HIS OWN MATERIALS + ACTED IN BF
CONCEPT (BUILDER IN BF)
• if B/P/S knew that he was not the landowner at the time of the
construction, and the landowner had no knowledge of the
construction at the time
• ex: (i) buyers of a plane constructed a house thereon, even if
they were not innocent purchasers for value; or (ii) B’s
occupation of the subject property was by mere tolerance
LANDOWNER’S OPTION
Right to appropriate whatever’s been built/planted/sown in
BF

Art. 453. - If there was bad faith, not only on the part of the
person who built, planted or sowed on the land of another, but
also on the part of the owner of such land, the rights of one and
the other shall be the same as though both had acted in good
faith.
It is understood that there is bad faith on the part of the
landowner whenever the act was done with his knowledge and
without opposition on his part
• if the value of the land is not considerably > that of building/
trees (re B/P)
OPTION OF APPROPRIATION
• landowner must pay the necessary and useful expenses, and
(in the proper case) expenses for pure luxury/mere pleasure
• basis of indemnity is the current market value of
improvements at the time of the option’s election
• pending payment of the indemnity, the builder is entitled to a
right of retention of the property
• accordingly, builder cannot be compelled to pay rentals
during the period of retention, nor be disturbed in his
possession by ordering him to vacate
OPTION OF SELLING LAND
• can only be exercised against B/P
• can only be exercised when the value of the land is not
considerably > that of the building or planting (otherwise, B/P
can only be compelled to pay proper rent)
• in the event that the B/P refuses to pay price, the landowner
does not automatically become owner of the improvements
w/o rst paying any indemnity
Determination of Price of Land
• price must be led at the “prevailing market value” at time of
option’s election
Landowner’s Options upon Refusal to pay
• choose appropriation
• enter into voluntary lease w/ B/P
• demand for demolition of what has been built/planted
• apply for order from court for sale of the land and
improvement, in a public auction applying the proceeds
thereof rst to the payment of the value of the and and the
excess (if any) to be delivered to the owner of the ouse in
payment thereof
Art. 449. - He who builds, plants or sows in bad faith on the
land of another, loses what is built, planted or sown without
right to indemnity. 
Art. 451. - In the cases of the two preceding articles, the
landowner is entitled to damages from the builder, planter or
sower.
• w/o need of paying for indemnities
• plus damages
• that B in BF is w/o right to refund for any improvement built
therein
Note:
• if there are pending fruits, then the landowner will likewise be
entitled to appropriate them w/o need of paying any
indemnity
Right to demand Demolition of Whatever’s been built,
planted or sown in BF in any Event
Art. 450. - The owner of the land on which anything has been
built, planted or sown in bad faith may demand the demolition
of the work, or that the planting or sowing be removed, in order
to replace things in their former condition at the expense of the
person who built, planted or sowed; or he may compel the
builder or planter to pay the price of the land, and the sower
the proper rent.
• even if damages will be caused by the separation + damages
Right to compel B/P in BF to pay Price of Land
Art. 450. - supra.
• even if price of land is considerably > the building/trees, plus
damages
ONLY RIGHT OF B/P/S IN BF
Art. 452. - The builder, planter or sower in bad faith is entitled
to reimbursement for the necessary expenses of preservation
of the land.
• reimbursement of necessary expenses of preservation of
land
• however, being a B in BF, he does not have right of retention
over the premises

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B/P/S BUILDS, PLANTS, OR SOWS ON LANDOWNER’S LAND Notes:

W/ HIS OWN MATERIALS + BOTH ACTED IN BF
Art. 453. - If there was bad faith, not only on the part of the
person who built, planted or sowed on the land of another, but
also on the part of the owner of such land, the rights of one and
the other shall be the same as though both had acted in good
faith
It is understood that there is bad faith on the part of the
landowner whenever the act was done with his knowledge and
without opposition on his part.
• if B/P/S pays the materials, the rights and obligations of B/P/S
and landowner, to each other, shall be determined by
applying articles 448-454
• if landowner pays the materials, he will have to pay B/P/S for
the latter’s labor, depending on his GF or his BF
Art. 456. - In the cases regulated in the preceding articles,
good faith does not necessarily exclude negligence, which
gives right to damages under article 2176.

B/P/S BUILDS, PLANTS, OR SOWS ON ANOTHER’S LAND W/

HIS OWN MATERIALS + ACTED IN GF, WHEREAS LATTER
ACTED IN BF

Art. 454. - When the landowner acted in bad faith and the
builder, planter or sower proceeded in good faith, the
provisions of article 447 shall apply.

• as a consequence, B/P/S has 2 options

OPTIONS

• demand materials’ value and reasonable compensation for

his labor, + damages
• demand return of his materials in any event, + damages

Note:
• BF may only be attributed to a landowner when the act of
building, planting, or sowing was done w/ his knowledge and
w/o opposition on his part

B/P/S BUILDS, PLANTS OR SOWS ON ANOTHER’S LAND

USING MATERIALS BELONGING TO ANOTHER

Art. 455. - If the materials, plants or seeds belong to a third

person who has not acted in bad faith, the owner of the land
shall answer subsidiarily for their value and only in the event
that the one who made use of them has no property with which
to pay.
This provision shall not apply if the owner makes use of the
right granted by article 450. If the owner of the materials, plants
or seeds has been paid by the builder, planter or sower, the
latter may demand from the landowner the value of the
materials and labor.

IF MATERIALS’ OWNER ACTED IN BF

• he loses his materials in favor of the landowner (w.o any right

whatsoever)
• liable for damages

IF B/P/S ACTED IN GF

• he may claim from landowner a reasonable compensation

IF MATERIALS’ OWNER ACTED IN GF

• he must be paid the value of his materials

• B/P/S primarily liable, while landowner is subsidiarily liable

Conditions for Subsidiary Liability to attach

• B/P/S is insolvent
• landowner chooses to appropriate building, planting, or
sowing

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 Property -CivRev

NATURAL ACCESSION and transfers it to another estate, the owner of the land to
which the segregated portion belonged retains the ownership
ALLUVIUM of it, provided that he removes the same within two years.

Art. 457. - To the owners of lands adjoining the banks of rivers Art. 460. - Trees uprooted and carried away by the current of
belong the accretion which they gradually receive from the the waters belong to the owner of the land upon which they
e ects of the current of the waters. may be cast, if the owners do not claim them within six months.
If such owners claim them, they shall pay the expenses
DISTINGUISHED FROM ACCRETION incurred in gathering them or putting them in a safe place.

REQUISITES
Alluvium Accretion
• takes place only along the banks of rivers, creeks, streams,
soil deposited on the state, process whereby soil is and lakes
fronting the river bank deposited along banks of rivers • caused only by the force of the current of the water,
independently of the act of man
gradual and imperceptible sudden and abrupt (avulsion) • deposit of soil is sudden and abrupt
• detached portion can be identi ed

Art. 458. - The owners of estates adjoining ponds or lagoons Note:

do not acquire the land left dry by the natural decrease of the • in the absence of evidence, however, that the change in the
waters, or lose that inundated by them in extraordinary oods. course of river was sudden or that it occurred thru avulsion,
the presumption is that the change was gradual and caused
RULE by accretion and erosion

• additional soil deposit becomes private property and shall CHANGE OF COURSE OF RIVERS
belong to the owner of the land contiguous to the river,
creek, stream, or lake RULE

REQUISITES • rivers and their natural beds are property of public dominion

• that the accumulation of soil/sediment be gradual and XPN

imperceptible
• that it be exclusive result of the action of the waters Art. 461. - River beds which are abandoned through the natural
• that the land where the accretion takes place is adjacent to change in the course of the waters ipso facto belong to the
the bank of the river, creek, stream, or lake shore owners whose lands are occupied by the new course in
proportion to the area lost. However, the owners of the lands
SIMILAR RULES adjoining the old bed shall have the right to acquire the same
by paying the value thereof, which value shall not exceed the
Drying up of River is NOT Accretion value of the area occupied by the new bed.

• process of drying up of a river to form dry land involved the Art. 462. - Whenever a river, changing its course by natural
rescission of the water level from the river banks causes, opens a new bed through a private estate, this bed
• in accretion, the water level did not recede and was more or shall become of public dominion.
less maintained
REQUISITES
Alluvion must be the Exclusive Work of Nature
• old course of river/creek
• where there was land formed w/ the help of human • new course of river/creek
intervention, it becomes part of the public domain • change of course of river/creek from old location to the new
is by natural occurrence
OWNERSHIP IS ACQUIRED IPSO JURE
Notes:
• right of owners of the land adjacent to rivers, creeks, streams, • 461 still applies even if change was result of a deliberate act
or lakes to the accretion w/c they receive by virtue of the on the part of gov’t
action of the waters of the river • but provision is N/A when the drying up of the river was w/o
• but accretion to registered land does not preclude acquisition gov’t intervention, but was actually caused by the dumping of
of the additional area by another person thru prescription the garbage therein, by the people of the surrounding
neighborhood
AVULSION
WHEN RIVER SIMPLY DRIES UP
DEFINITION
• then 461 is N/A (if it also did not change its course or w/o
• accretion w/c takes place when the current of a river, creek, opening a new bed)
or torrent segregates a known portion of land from an estate • instead, dried-up river bed continues to be of public
on its banks, and transfers it to another estate dominion, whether the drying up of a river is by reason of
nature or of the active intervention of man
RULE

Art. 459. - Whenever the current of a river, creek or torrent

segregates from an estate on its bank a known portion of land

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FORMATION OF ISLANDS ACCESION CONTINUA, W/ RESPECT TO MOVABLES

VIA ISOLATION BY RIVER CURRENT’S DIVISION INTO ADJUNCTION

BRANCHES
Art. 463. - Whenever the current of a river divides itself into
branches, leaving a piece of land or part thereof isolated, the
owner of the land retains his ownership. He also retains it if a
portion of land is separated from the estate by the current.
CONCEPT
• when 2 movables (belonging to di erent owners) are so
inseparable, that separation would impair nature, making up
thereafter a single object, but each preserving its own nature

FORMED IN SEAS W/IN PH JURISDICTION IF EFFECT IN GOOD FAITH

Art. 464. - Islands which may be formed on the seas within the
jurisdiction of the Philippines, on lakes, and on navigable or
oatable rivers belong to the State.
• as patrimonial property
Art. 466. - Whenever two movable things belonging to di erent
owners are, without bad faith, united in such a way that they
form a single object, the owner of the principal thing acquires
the accessory, indemnifying the former owner thereof for its
value.

THRU IN NON-NAVIGABLE OR FLOATABLE RIVERS When Accessory > Principal

Art. 465. - Islands which through successive accumulation of
alluvial deposits are formed in non-navigable and non- oatable
rivers, belong to the owners of the margins or banks nearest to
each of them, or to the owners of both margins if the island is in
the middle of the river, in which case it shall be divided
longitudinally in halves. If a single island thus formed be more
distant from one margin than from the other, the owner of the
nearer margin shall be the sole owner thereof.
Art. 469, par. 2. - Nevertheless, in case the thing united for the
use, embellishment or perfection of the other, is much more
precious than the principal thing, the owner of the former may
demand its separation, even though the thing to which it has
been incorporated may su er some injury.
IF EFFECTED IN BAD FAITH
By Owner of Accessory

Art. 470, par. 1. - Whenever the owner of the accessory thing

has made the incorporation in bad faith, he shall lose the thing
incorporated and shall have the obligation to indemnify the
owner of the principal thing for the damages he may have
su ered.

By Owner of Principal

Art. 470, par. 2. - If the one who has acted in bad faith is the
owner of the principal thing, the owner of the accessory thing
shall have a right to choose between the former 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, furthermore, there shall be indemnity
for damages.

Notes:
• option to demand separation (even if same will result in injury
to the principal thing) / damages is N/A as in the case of
paintings or writings
• in such scenario, accessory owner is limited only to rst
option (demand payment of accessory’s value)

Art. 470, par. 3. - If either one of the owners has made the
incorporation with the knowledge and without the objection of
the other, their respective rights shall be determined as though
both acted in good faith.

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 Property -CivRev

COMMIXTION/CONFUSION IF WORKER ACTED IN BAD FAITH

CONCEPT Art. 474, par. 3. - If in the making of the thing bad faith
intervened, the owner of the material shall have the right to
appropriate the work to himself without paying anything to the
Commixtion Confusion maker, or to demand of the latter that he indemnify him for the
value of the material and the damages he may have su ered.
mixtures of things, solid or liquid, pertaining to di erent owners However, the owner of the material cannot appropriate the
work in case the value of the latter, for artistic or scienti c
reasons, is considerably more than that of the material.
things mixed are solid things mixed are liquid

WHEN CO-OWNERSHIP ARISES

Art. 472. - If by the will of their owners two things of the same
or di erent kinds are mixed, or if the mixture occurs by chance,
and in the latter case the things are not separable without
injury, each owner shall acquire a right proportional to the part
belonging to him, bearing in mind the value of the things mixed
or confused.

Art. 473, par. 1. - If by the will of only one owner, but in good
faith, two things of the same or di erent kinds are mixed or
confused, the rights of the owners shall be determined by the
provisions of the preceding article.

• by fortuitous event/chance
• by will of both owners
• by will of only 1 owner, acting in GF

Note:
• in all these cases, each owner acquires a right proportional to
the part belonging to him, bearing in mind the value of the
things mixed or confused

WHEN CAUSED IN BAD FAITH

Art. 473, par. 2. - If the one who caused the mixture or

confusion acted in bad faith, he shall lose the thing belonging
to him thus mixed or confused, besides being obliged to pay
indemnity for the damages caused to the owner of the other
thing with which his own was mixed.

SPECIFICATION

CONCEPT

• imparting of a new form to the material of another

IF WORKER ACTED IN GOOD FAITH

Art. 474, par. 1. - One who in good faith employs the material of
another in whole or in part in order to make a thing of a
di erent kind, shall appropriate the thing thus transformed as
his own, indemnifying the owner of the material for its value.

When Material is more Precious/Valuable than Thing

Transformed

Art. 474, par. 2. - If the material is more precious than the

transformed thing or is of more value, its owner may, at his
option, appropriate the new thing to himself, after rst paying
indemnity for the value of the work, or demand indemnity for
the material.

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 Property -CivRev

QUIETING OF TITLE; RUINOUS BUILDINGS AND CLOUD ON TITLE

TREES Requisites
—————————————————————————————————
• there is an instrument, record, claim, encumbrance or
QUIETING OF TITLE proceeding
• same is apparently valid or e ective
Art. 476. - Whenever there is a cloud on title to real property or • however, in truth and in fact, it is invalid, ine ective, voidable
any interest therein, by reason of any instrument, record, claim, or unenforceable
encumbrance or proceeding which is apparently valid or • may be prejudicial to the title sought to be quieted
e ective but is in truth and in fact invalid, ine ective, voidable,
or unenforceable, and may be prejudicial to said title, an action Generally not created by Mere Verbal Assertion of Ownership
may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being • XPN: when there is factual basis (ex. claim of right based on
cast upon title to real property or any interest therein. acquisitive prescription)
Art. 478. - There may also be an action to quiet title or remove
a cloud therefrom when the contract, instrument or other Action to Quiet TItle Action to Remove Cloud or to
obligation has been extinguished or has terminated, or has Prevent Cloud
been barred by extinctive prescription.
primarily one aimed at putting designed to obtain the
DEFINITION an end to vexatious litigation of cancellation, delivery of, release
a subject property of an instrument, encumbrance,
or claim constituting a claim on
• common-law remedy plainti ’s title, and w/c may be
• removal of any cloud/doubt/uncertainty on the title to real used to injure or vex him in the
property enjoyment of title
• by reason not any instrument, record, claim, encumbrance, or
proceeding that is apparently valid or e ective, but is (in truth plainti herein asserts his title plainti declares his own title
and in fact) invalid, ine ective, voidable, or unenforceable that the defendant’s claims is and state that the defendant’s
• may be prejudicial to said title unfounded and challenges the source and nature of claim is
defendant to state forth the defective (consequently, plainti
nature of his claim asks that the latter be declared
NATURE void)

• proceeding quasi in rem (deals w/ status, ownership or

liability of a particular property but w/c are intended to NOT A COLLATERAL ATTACK ON TITLE
operate on these questions only as between the particular
parties to the proceedings) • raising invalidity of a certi cate of title an action for quieting
• thus, judgment is binding only upon the parties who joined in of title is not a collateral attack since it is considered central,
the action imperative, and essential in such an action, that the
complainant shows the invalidity of the deed w/c casts cloud
JURISDICTION on his title

• depends on the assessed value of property in dispute PRESCRIPTIVE PERIOD

• because action is in the nature of a real action (involving the
issue of real property’s ownership or possession, or any When Plainti is Not in Possession
interest therein)
Art. 477. - The plainti must have legal or equitable title to, or
REQUISITES interest in the real property which is the subject-matter of the
action. He need not be in possession of said property.
• plainti /complainant has a legal/equitable title or interest in
the real property subject of the action • 30 years (since action is indubitably a real one)
• deed, claim, encumbrance, or proceeding claimed to be
casting a cloud on his title is shown to be in fact invalid or When Plainti is in Possession
inoperative, despite its prima facie appearance of validity or
legal e cacy • imprescriptible
• because he may wait until possession is disturbed or his title
is attacked before taking steps to vindicate his right
Legal Title Equitable Title
WHO ARE ENTITLED TO BRING ACTION
denotes registered ownership denotes bene cial ownership
Rule 64, sec. 1, par. 2. ROC. - An action for the reformation of
an instrument, to quiet title to real property or remove clouds
if plainti s claim property as therefrom, or to consolidate ownership under article 1607 of
their own as a result of
the Civil Code, may be brought under this Rule.
acquisitive prescription, the
same would give them the
requisite equitable title • plainti must return the bene ts received form the defendant

OTHER PROVISIONS

Art. 479. - The plainti must return to the defendant all bene ts
he may have received from the latter, or reimburse him for
expenses that may have redounded to the plainti ’s bene t.

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 Property -CivRev

Art. 480. - The principles of the general law on the quieting of RUINOUS BUILDINGS AND FALLING TREES
title are hereby adopted insofar as they are not in con ict with
this Code. RUINOUS BUILDINGS

Art. 481. - The procedure for the quieting of title or the removal
of a cloud therefrom shall be governed by such rules of court
as the Supreme Court shall promulgate.
Art. 482. - If a building, wall, column, or any other construction
is in danger of falling, the owner shall be obliged to demolish it
or to execute the necessary work in order to prevent it from
falling.
If the proprietor does not comply with this obligation, the
administrative authorities may order the demolition of the
structure at the expense of the owner, or take measures to
insure public safety.

Art. 2190. - The proprietor of a building or structure is

responsible for the damages resulting from its total or partial
collapse, if it should be due to the lack of necessary repairs.

FALLING TREES

Art. 483. - Whenever a large tree threatens to fall in such a way

as to cause damage to the land or tenement of another or to
travelers over a public or private road, the owner of the tree
shall be obliged to fell and remove it; and should he not do so,
it shall be done at his expense by order of the administrative
authorities.

Art. 2191. - Proprietors shall also be responsible for damages

caused:
(3) By the falling of trees situated at or near highways or lanes,
if not caused by force majeure.

Art. 2191, par. 3 Art. 483

proprietors are liable for failing owner deemed liable, even if

of trees situated at or near
highways/lanes (when not
caused by force majeure)
reason is by fortuitous event like
a natural calamity( since owner
is already negligent for failing to
take necessary measures to
insure public safety)

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 Property -CivRev

CO-OWNERSHIP • used for purpose intended

————————————————————————————————— • used in such a way as not to injure other co-owners’ interest
• use does not prevent other co-owners from making use
BASIC PRINCIPLES thereof, according to their own right

Art. 484. - There is co-ownership whenever the ownership of Note:

an undivided thing or right belongs to di erent persons. • if there is an agreement to lease the house, the co-owners
In default of contracts, or of special provisions, co-ownership can demand rent from co-owner who dwells in the house, but
shall be governed by the provisions of this Title. latter cannot be ejected from the property

DEFINITION CANNOT CLAIM DEFINITE PORTION

• right of common dominion w/c 2 or more persons have in a Rule

spiritual part of a thing, not materially/physically divided
• co-owner cannot point to speci c portion(s) of the property
REQUISITES owned in common as his own, since the share(s) therein
remain(s) intangible
Plurality of Subjects
XPN
• the co-owners
• where transferees of undivided portion allowed a co-owner
Unity of or Material Indivision to occupy a de nite portion thereof
• then such undisturbed possession had the e ect of a partial
• there is a single object not materially divided partition of the co-owned property w/c entitles possessor to
• serves as the element binding all subjects the de nite portion w/c he occupies

Recognition of Ideal Shares E ect of Sale of Concrete Portion

• determines the rights and obligations of the co-owners • whether the disposition involves an abstract/concrete portion
of the co-owned property, the sale remains validly executed
CONSEQUENCES • but what’s e ected is only the proportionate share, subject to
the results of the partition
Rule • co-owners who did not give their consent to the sale stand to
be una ected by the alienation
Art. 485. - The share of the co-owners, in the bene ts as well
as in the charges, shall be proportional to their respective SHARE IN BENEFITS AND CHARGES
interests. Any stipulation in a contract to the contrary shall be
void. Art. 485. - supra.
The portions belonging to the co-owners in the co-ownership
shall be presumed equal, unless the contrary is proved.

• co-owner is an owner of a whole, and over this whole he

exercises right of dominion
• but co-owner is also, at the same time, the owner of a portion
w/c is truly abstract

Underlying Rationale

• until a division is made, each co-owner’s respective share

cannot be determined
• every co-owner thus exercises, together w/ his co-
participants, joint ownership of the pro-indiviso property, in
addition to his use and enjoyment of it

Right to Use the Entire Thing

• co-owner is entitled to both possess and enjoy the entire

property
• hence he cannot be ejected therefrom

Limitations

Art. 486. - Each co-owner may use the thing owned in

common, provided he does so in accordance with the purpose
for which it is intended and in such a way as not to injure the
interest of the co-ownership or prevent the other co-owners
from using it according to their rights. The purpose of the co-
ownership may be changed by agreement, express or implied.

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 Property -CivRev

SOURCES OF CO-OWNERSHIP Easement of Party Wall

BY LAW Art. 658. - The easement of party wall shall be governed by the
provisions of this Title, by the local ordinances and customs
Cohabitation insofar as they do not con ict with the same, and by the rules
of co-ownership.
Bet. Man and Woman capacitated to Marry each Other
• special type of co-ownership (no right to ask for partition and
Art. 147, FC. - When a man and a woman who are capacitated no recognition of ideal shares)
to marry each other, live exclusively with each other as
husband and wife without the bene t of marriage or under a Condominium Common Areas
void marriage, their wages and salaries shall be owned by them
in equal shares and the property acquired by both of them Sec. 6(c), RA 7426. - Unless otherwise expressly provided in
through their work or industry shall be governed by the rules the enabling or master deed or the declaration of restrictions.
on co-ownership.
In the absence of proof to the contrary, properties acquired BY CONTRACT
while they lived together shall be presumed to have been
obtained by their joint e orts, work or industry, and shall be Art. 494, par. 2. - Nevertheless, an agreement to keep the
owned by them in equal shares. For purposes of this Article, a thing undivided for a certain period of time, not exceeding ten
party who did not participate in the acquisition by the other years, shall be valid. This term may be extended by a new
party of any property shall be deemed to have contributed agreement.
jointly in the acquisition thereof if the former’s e orts consisted
in the care and maintenance of the family and of the • in such instances, law does not make a distinction as to how
household. the co-owner derived his/her title, may it be thru gratuity or
Neither party can encumber or dispose by acts inter vivos of his thru onerous consideration
or her share in the property acquired during cohabitation and • thus, person who derived title and was granted co-ownership
owned in common, without the consent of the other, until after rights thru gratuity may compel partition
the termination of their cohabitation. • however, mere construction of a house on another’s land, in
When only one of the parties to a void marriage is in good faith, absence of agreement, does not create a co-ownership,
the share of the party in bad faith in the co-ownership shall be regardless of value of house (instead, situation will be
forfeited in favor of their common children. In case of default of governed by articles 448 to 454 of NCC)
or waiver by any or all of the common children or their
descendants, each vacant share shall belong to the respective BY SUCCESSION
surviving descendants. In the absence of descendants, such
share shall belong to the innocent party. In all cases, the Intestate
forfeiture shall take place upon termination of the cohabitation.
Art. 1078. - Where there are two or more heirs, the whole
Bet. Man and Woman not capacitated to Marry each Other estate of the decedent is, before its partition, owned in
common by such heirs, subject to the payment of debts of the
deceased.
Art. 148, FC. - In cases of cohabitation not falling under the
preceding Article, only the properties acquired by both of the
Testate
parties through their actual joint contribution of money,
property, or industry shall be owned by them in common in
• whereby property is given to 2 or more persons
proportion to their respective contributions. In the absence of
• right of accretion is common to both testate and intestate
proof to the contrary, their contributions and corresponding
succession
shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and
BY OTHER VOLUNTARY ACT/WILL
evidences of credit.
If one of the parties is validly married to another, his or her
Donation
share in the co-ownership shall accrue to the absolute
community or conjugal partnership existing in such valid
Art. 753. - When a donation is made to several persons jointly,
marriage. If the party who acted in bad faith is not validly
it is understood to be in equal shares, and there shall be no
married to another, his or her shall be forfeited in the manner
right of accretion among them, unless the donor has otherwise
provided in the last paragraph of the preceding Article.
provided.
The foregoing rules on forfeiture shall likewise apply even if
The preceding paragraph shall not be applicable to donations
both parties are in bad faith.
made to the husband and wife jointly, between whom there
shall be a right of accretion, if the contrary has not been
Implied Trust
provided by the donor.
Art. 1452. - If two or more persons agree to purchase property
Universal Partnership
and by common consent the legal title is taken in the name of
one of them for the bene t of all, a trust is created by force of
Art. 1778. - A partnership of all present property is that in which
law in favor of the others in proportion to the interest of each.
the partners contribute all the property which actually belongs
to them to a common fund, with the intention of dividing the
Hidden Treasure
same among themselves, as well as all the pro ts which they
may acquire therewith.
Art. 438. - supra.

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 Property -CivRev

Art. 1779. - In a universal partnership of all present property, CONSENT REQUIREMENT

the property which belonged to each of the partners at the time
of the constitution of the partnership, becomes the common ACTION IN EJECTMENT
property of all the partners, as well as all the pro ts which they
may acquire therewith. Rule
A stipulation for the common enjoyment of any other pro ts
may also be made; but the property which the partners may Art. 487. - Any one of the co-owners may bring an action in
acquire subsequently by inheritance, legacy, or donation ejectment.
cannot be included in such stipulation, except the fruits thereof.
• co-owner may thus bring an ejectment action w/o joining the
Art. 1780. - A universal partnership of pro ts comprises all that other co-owners, the suit being deemed instituted for the
the partners may acquire by their industry or work during the bene t of all
existence of the partnership.
Movable or immovable property which each of the partners Must Bene t All
may possess at the time of the celebration of the contract shall
continue to pertain exclusively to each, only the usufruct • as long as the suit is instituted for the bene t of all co-owners,
passing to the partnership. the rule applies
• when action is for plainti ’s sole bene t, the other co-owners
Associations and Societies whose Articles are kept Secret are indispensable parties who must be impleaded
among its Members
De nition of Ejectment
Art. 1775. - Associations and societies, whose articles are kept
secret among the members, and wherein any one of the • includes all kinds of actions for recovery of possession
members may contract in his own name with third persons, (including accion publiciana and reinvindicatory action)
shall have no juridical personality, and shall be governed by the • also includes an action for revival of judgment, if the same
provisions relating to co-ownership. results into the recovery of property

BY OCCUPATION E ect of Judgment

• when 2 or more persons catch a wild pig or get forest • while co-owner may bring action in ejectment w/o others, any
products; or adverse judgment cannot prejudice the rights of the
• when hidden treasure is accidentally discovered by a unimpleaded co-owners, but any judgment of the court in
stranger, who is not a trespasser, on the land of another favor of the co-owner will bene t the others

REPAIR FOR PRESERVATION AND TAXES

Rule

Art. 489. - Repairs for preservation may be made at the will of

one of the co-owners, but he must, if practicable, rst notify his
co-owners of the necessity for such repairs. Expenses to
improve or embellish the thing shall be decided upon by a
majority as determined in article 492.

Art. 488. - Each co-owner shall have a right to compel the

other co-owners to contribute to the expenses of preservation
of the thing or right owned in common and to the taxes. Any
one of the latter may exempt himself from this obligation by
renouncing so much of his undivided interest as may be
equivalent to his share of the expenses and taxes. No such
waiver shall be made if it is prejudicial to the co-ownership.

Art. 490. - Whenever the di erent stories of a house belong to

di erent owners, if the titles of ownership do not specify the
terms under which they should contribute to the necessary
expenses and there exists no agreement on the subject, the
following rules shall be observed:
(1) The main and party walls, the roof and the other things
used in common, shall be preserved at the expense of all
the owners in proportion to the value of the story belonging
to each;
(2) Each owner shall bear the cost of maintaining the oor of
his story; the oor of the entrance, front door, common yard
and sanitary works common to all, shall be maintained at
the expense of all the owners pro rata;
(3) The stairs from the entrance to the rst story shall be
maintained at the expense of all the owners pro rata, with
the exception of the owner of the ground oor; the stairs
from the rst to the second story shall be preserved at the
expense of all, except the owner of the ground oor and
the owner of the rst story; and so on successively.

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Option of Co-Owner obliged to Contribute Requires Majority Vote

Art. 488. - supra. Art. 492, par. 1. - For the administration and better enjoyment
of the thing owned in common, the resolutions of the majority
Illustration of the co-owners shall be binding.

• co-owner who deems property in its entirety, during
redemption period, does not make him owner of all of it
(property remains in a condition of co-ownership, as
redemption does not provide for a mode of terminating a co-
ownership)
• but, the one who redeemed has a right to be reimbursed for
the redemption price, and until reimbursed he holds a lien
upon the subject property for the amount due
Note:
• such advance payments are in the nature of necessary
expenses for the preservation of the co-ownership
Art. 492, pars. 3 and 4. - Should there be no majority, or
should the resolution of the majority be seriously prejudicial to
those interested in the property owned in common, the court,
at the instance of an interested party, shall order such
measures as it may deem proper, including the appointment of
an administrator.
Whenever a part of the thing belongs exclusively to one of the
co-owners, and the remainder is owned in common, the
preceding provisions shall apply only to the part owned in
common.

EXPENSES FOR IMPROVEMENT OR EMBELLISHMENT

Art. 489. - supra.

Art. 492, par. 2. - There shall be no majority unless the

resolution is approved by the co-owners who represent the
controlling interest in the object of the co-ownership.

ACTS OF ALTERATION

Concept

• act of alienation
• a ects substance of the thing
• changes thing’s essence and nature
• includes any act of strict dominion/ownership

Note:
• any encumbrance/disposition has been held implicitly to be
an act of alteration

Unanimous Consent is Required

Art. 491. - None of the co-owners shall, without the consent of

the others, make alterations in the thing owned in common,
even though bene ts for all would result therefrom. However, if
the withholding of the consent by one or more of the co-
owners is clearly prejudicial to the common interest, the courts
may a ord adequate relief.

• however, other co-owners may go to court for appropriate

relief, should any of the co-owners unreasonably withhold his
consent, and the same is clearly prejudicial to the common
interest

E ect of Unauthorized Alteration

• illegal and invalid

• other co-owners can compel erring co-owner to undo what
has been done, at latter’s expense, in addition to recovery of
damages

ACTS OF ADMINISTRATION

Concept

• do not a ect essence, form and substance

• ex: modi cations and changes required by the nature of the
thing for its exploitation and enjoyment

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 Property -CivRev

RIGHTS OVER IDEAL SHARE Art. 1623. - The right of legal pre-emption or redemption shall
not be exercised except within thirty days from the notice in
NATURE OF RIGHT writing by the prospective vendor, or by the vendor, as the case
may be. The deed of sale shall not be recorded in the Registry
Art. 493. - Each co-owner shall have the full ownership of his of Property, unless accompanied by an a davit of the vendor
part and of the fruits and bene ts pertaining thereto, and he that he has given written notice thereof to all possible
may therefore alienate, assign or mortgage it, and even redemptioners.
substitute another person in its enjoyment, except when The right of redemption of co-owners excludes that of adjoining
personal rights are involved. But the e ect of the alienation or owners.
the mortgage, with respect to the co-owners, shall be limited to
the portion which may be allotted to him in the division upon • one co-owner sold his right to a stranger
the termination of the co-ownership • sale made before partition of co-owned property
• right of redemption was exercised by 1 or more co-owner(s)
• co-owner has absolute ownership of his undivided and pro- w/in 30 days (to be counted from time that he or they were
indiviso share in the co-owned property noti ed in writing by vendee or by co-owner vendor)
• as such, he has the right to alienate, assign, or mortgage it, • vendee is reimbursed for price of sale
and even to substitute another person in its enjoyment,
except when personal rights are involved Note:
• he may not also be forced to sell his ideal share in the co- • the co-ownership must exist at time the conveyance is made
ownership by invoking article 491 by a co-owner, and the redemption is demanded by the other
• insofar as the sale of co-owned properties is concerned, co-owner(s), for the right to be exercised
there is no common interest that may be prejudiced, should 1
or more of the co-owners refuse to sell his/her ideal share Requirement of Written Notice

EFFECT OF SALE OF ENTIRE PROPERTY OR CONCRETE Art. 1623. - supra.

PORTION THEREOF
• co-owner desirous of exercising redemption right is given 30
• co-owner, on premise of nemo dat quod non habet, cannot days from written notice by prospective vendor or actual
alienate the shares of the others vendor (as case may be)
• likewise, he has no right to sell or alienate a concrete, • while its mandatory, there is no required form
speci c, or determinate part of the thing owned in common, • as long as the vendor is informed in writing of the sale and
since his right over the thing is represented by a quota or the particulars thereof, the 30 days start running, and the
ideal portion w/o any physical adjudication redemptioner has no real cause to complain

Sale of Entire Property by 1 Co-Owner w/o Others’ Consent Examples of Valid Notices:
• copy of deed of sale
• not void, since binding force of a contract must be • copy of summons
recognized as far as it is legally possible to do so • copy of Sheri ’s Certi cate of Sale
• but sale will only a ect is own share, and not a ect the
shares of those who did not consent to the sale Notice from Vendor
• e ectively, vendee merely steps in to the shoes of the vendor
as co-owner and acquires a proportionate abstract share in • notice given by the vendee shall not be taken into account
the property held in common
• so whether the disposition involves an abstract or concrete NO PRE-EMPTIVE RIGHT
portion of the co-owned property or sale of the entire
property, the sale remains validly executed • by the very nature of the right of legal redemption, a co-
owner’s right to redeem is invoked only after the shares of
RIGHT OF LEGAL REDEMPTION the others are sold to a 3rd party or stranger to the co-
ownership
When Available

Art. 1620. - A co-owner of a thing may exercise the right of

redemption in case the shares of all the other co-owners or of
any of them, are sold to a third person. If the price of the
alienation is grossly excessive, the redemptioner shall pay only
a reasonable one.
Should two or more co-owners desire to exercise the right of
redemption, they may only do so in proportion to the share
they may respectively have in the thing owned in common.

• third person here is anyone not a co-owner

Requisites

Art. 1620. - supra.

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RIGHTS OF EACH CO-OWNER OVER THING owners is clearly prejudicial to the common interest, the courts
may a ord adequate relief.
TO USE THING ACCORDING TO PURPOSE INTENDED
DEFINITION
Art. 486. - Each co-owner may use the thing owned in
common, provided he does so in accordance with the purpose • any change that is injurious to thing owned in common or to
for which it is intended and in such a way as not to injure the rights of other co-owners, or is material to the use,
interest of the co-ownership or prevent the other co-owners destination or state of the thing, w/c act is in violation of the
from using it according to their rights. The purpose of the co- express/tacit agreement of the co-owners
ownership may be changed by agreement, express or implied. • replacement =/= alteration
• unanimous consent of all co-owners is needed in an act of
TO SHARE IN BENEFITS PROPORTIONATELY alteration

Art. 485. - The share of the co-owners, in the bene ts as well TO PROTEST AGAINST RESOLUTIONS OF MAJORITY W/C
as in the charges, shall be proportional to their respective ARE SERIOUSLY PREJUDICIAL TO THE MINORITY (RE ACTS
interests. Any stipulation in a contract to the contrary shall be OF ADMINISTRATION)
void.
The portions belonging to the co-owners in the co-ownership Art. 497. - The creditors or assignees of the co-owners may
shall be presumed equal, unless the contrary is proved. take part in the division of the thing owned in common and
object to its being e ected without their concurrence. But they
TO BRING ACTION IN EJECTMENT cannot impugn any partition already executed, unless there has
been fraud, or in case it was made notwithstanding a formal
Art. 487. - Any one of the co-owners may bring an action in opposition presented to prevent it, without prejudice to the
ejectment. right of the debtor or assignor to maintain its validity.

TO COMPEL CONTRIBUTION TO EXPENSES RE TO EXERCISE THE RIGHT OF LEGAL REDEMPTION

PRESERVATION OF THING AND TO TAXES
Art. 1088. - Should any of the heirs sell his hereditary rights to
Art. 488. - Each co-owner shall have a right to compel the a stranger before the partition, any or all of the co-heirs may be
other co-owners to contribute to the expenses of preservation subrogated to the rights of the purchaser by reimbursing him
of the thing or right owned in common and to the taxes. Any for the price of the sale, provided they do so within the period
one of the latter may exempt himself from this obligation by of one month from the time they were noti ed in writing of the
renouncing so much of his undivided interest as may be sale by the vendor.
equivalent to his share of the expenses and taxes. No such
waiver shall be made if it is prejudicial to the co-ownership. Art. 1620. - A co-owner of a thing may exercise the right of
redemption in case the shares of all the other co-owners or of
Art. 489. - Repairs for preservation may be made at the will of any of them, are sold to a third person. If the price of the
one of the co-owners, but he must, if practicable, rst notify his alienation is grossly excessive, the redemptioner shall pay only
co-owners of the necessity for such repairs. Expenses to a reasonable one.
improve or embellish the thing shall be decided upon by a Should two or more co-owners desire to exercise the right of
majority as determined in article 492. redemption, they may only do so in proportion to the share
they may respectively have in the thing owned in common.
RULE FOR DIFFERENT STORIES W/ DIFFERENT OWNERS
Art. 1623. - The right of legal pre-emption or redemption shall
Art. 490. - Whenever the di erent stories of a house belong to not be exercised except within thirty days from the notice in
di erent owners, if the titles of ownership do not specify the writing by the prospective vendor, or by the vendor, as the case
terms under which they should contribute to the necessary may be. The deed of sale shall not be recorded in the Registry
expenses and there exists no agreement on the subject, the of Property, unless accompanied by an a davit of the vendor
following rules shall be observed: that he has given written notice thereof to all possible
(1) The main and party walls, the roof and the other things redemptioners.
used in common, shall be preserved at the expense of all The right of redemption of co-owners excludes that of adjoining
the owners in proportion to the value of the story belonging owners.
to each;
(2) Each owner shall bear the cost of maintaining the oor of PERIOD FOR EXERCISE
his story; the oor of the entrance, front door, common yard
and sanitary works common to all, shall be maintained at • 30 days from date of written noti cation of sale by co-owner/
the expense of all the owners pro rata; vendor
(3) The stairs from the entrance to the rst story shall be • w/o such, the 30-day period does not begin to run
maintained at the expense of all the owners pro rata, with
the exception of the owner of the ground oor; the stairs TO ASK FOR PARTITION
from the rst to the second story shall be preserved at the
expense of all, except the owner of the ground oor and
the owner of the rst story; and so on successively.

TO OPPOSE ACTS OF ALTERATION

Art. 491. - None of the co-owners shall, without the consent of

the others, make alterations in the thing owned in common,
even though bene ts for all would result therefrom. However, if
the withholding of the consent by one or more of the co-

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 Property -CivRev

EXTINGUISHMENT OF CO-OWNERSHIP Rules

CAUSES • ling by trustee of action in court against the trustor to quiet

title to property, or for recovery of ownership thereof, held in
• merger possession by former, may constitute an act of repudiation of
• prescription the trust reposed on him by the latter
• destruction of thing/loss of right • likewise, issuance of certi cate of title solely in the co-owner
• partition possessor’s name would constitute an open and clear
repudiation of the ownership, unless he allowed to other co-
What about Redemption? owner to build her house on the subject property w/o any
opposition from him
• redemption by co-owner of property in its totality during • act constitutes an implied recognition of the co-ownership, w/
period of redemption does not vest in him ownership, since it c in turn negates the presence of a clear notice of repudiation
is not a mode of terminating a co-ownership to the ousted co-owner
• redemption only entitles the co-owner to collect • however, sole fact of a co-owner declaring the land in
reimbursement from the remaining co-owners pursuant to question in his name for taxation purposes, and paying the
article 488, since redemption entails a necessary expense land taxes, did not constitute an unequivocal act of
• until reimbursed, he holds a lien upon the subject property for repudiation amounting to an ouster of the other co-owner,
the amount due and could not constitute adverse possession as basis for title
by prescription
Redemption exercised After 30-Day Period
PARTITION
• considered a repurchase
• hence, the erstwhile co-owner who purchased the property Concept
will become exclusive owner thereof
Art. 1078. - supra.
PRESCRIPTION
Art. 1079. - Partition, in general, is the separation, division and
Rule assignment of a thing held in common among those to whom it
may belong. The thing itself may be divided, or its value.
Art. 494. - No co-owner shall be obliged to remain in the co-
ownership. Each co-owner may demand at any time the Art. 1082. - Every act which is intended to put an end to
partition of the thing owned in common, insofar as his share is indivision among co-heirs and legatees or devisees is deemed
concerned. to be a partition, although it should purport to be a sale, an
Nevertheless, an agreement to keep the thing undivided for a exchange, a compromise, or any other transaction.
certain period of time, not exceeding ten years, shall be valid.
This term may be extended by a new agreement. Rule
A donor or testator may prohibit partition for a period which
shall not exceed twenty years. Art. 494. - supra.
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 Art. 496. - Partition may be made by agreement between the
against his co-owners or co-heirs so long as he expressly or parties or by judicial proceedings. Partition shall be governed
impliedly recognizes the co-ownership. by the Rules of Court insofar as they are consistent with this
Code.
When Prescription lies
• as a consequence, an action to demand partition is
• if co-owner actually holding the property asserts exclusive imprescriptible or cannot be barred by laches
dominion over it against the other co-owners, the corollary of
the rule is that he can acquire sole title to it after the lapse of Con ict bet. Dismissal w/ Prejudice (under ROC) and Right
the prescribed prescriptive period granted to Co-Owners to demand Partition at any time
• as a mode of terminating a co-ownership, it must be (Article 494)
preceded by repudiation of co-ownership
• absent a clear repudiation, a co-owner cannot acquire by
• latter prevails
prescription the shares of the others
• to construe otherwise would diminish the substantive right of
a co-owner thru the promulgation of procedural rules
E ective Repudiation
When Action no longer for Partition
Requisites
• as long as the co-ownership is recognized, an action to
• co-owner has performed unequivocal acts of repudiation compel partition will not prescribe and may be led at any
amounting to an ouster of the cestui que trust or the other co- time against the actual possessor by any of the other co-
owners owners
• such positive acts of repudiation have been made known to • from the moment a co-owner claims that he is the absolute
the cestui que trust or the other co-owners and exclusive owner of the properties, and denies the others
• evidence thereon is clear and convincing any share(s) therein, the question involved is now one of
• co-owner has been in possession thru open, continuous, ownership
exclusive, and notorious possession of the property for the • thus, the imprescriptibility of the action for partition can no
period required by law longer be invoked/applied when 1 of the co-owners has
adversely possessed the property as exclusive owner for a
period su cient to vest ownership by prescription

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 Property -CivRev

Prescriptive Period E ects

Art. 1091. - A partition legally made confers upon each heir the
Circumstance Period exclusive ownership of the property adjudicated to him.

By Acquisitive Prescription co-owner acquires ownership of Art. 1092. - After the partition has been made, the co-heirs shall
real property after 30 years be reciprocally bound to warrant the title to, and the quality of,
each property adjudicated.
By Extinctive Prescription action for reconveyance by a
(Statute of Limitations) co-owner of his share prescribes Art. 1093. - The reciprocal obligation of warranty referred to in
in 10 years (action based on an
the preceding article shall be proportionate to the respective
implied/constructive trust),
counted from date of the hereditary shares of the co-heirs, but if any one of them should
issuance of the title in the name be insolvent, the other co-heirs shall be liable for his part in the
of the co-owner possessor same proportion, deducting the part corresponding to the one
who should be indemni ed.
Those who pay for the insolvent heir shall have a right of action
When Partition is not allowed against him for reimbursement, should his nancial condition
improve.
By Agreement
Art. 543. - supra.
Art. 494, par. 2. - Nevertheless, an agreement to keep the
thing undivided for a certain period of time, not exceeding ten Art. 499. - The partition of a thing owned in common shall not
years, shall be valid. This term may be extended by a new prejudice third persons, who shall retain the rights of mortgage,
agreement. servitude, or any other real rights belonging to them before the
division was made. Personal rights pertaining to third persons
• if agreement exceeds 10 years, the same shall be void as to against the co-ownership shall also remain in force,
the period beyond the maximum notwithstanding the partition

By Grantor’s Will Art. 500. - Upon partition, there shall be a mutual accounting
for bene ts received and reimbursements for expenses made.
Art. 494, par. 3. - A donor or testator may prohibit partition for Likewise, each co-owner shall pay for damages caused by
a period which shall not exceed twenty years. reason of his negligence or fraud.

By Law
Art. 159, FC. - The family home shall continue despite the
death of one or both spouses or of the unmarried head of the
family for a period of ten years or for as long as there is a minor
bene ciary, and the heirs cannot partition the same unless the
court nds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the
family home.
When Partition would render Thing Unserviceable for Its
Intended Use
Art. 495. - Notwithstanding the provisions of the preceding
article, the co-owners cannot demand a physical division of the
thing owned in common, when to do so would render it
unserviceable for the use for which it is intended. But the co-
owne rship may be terminated in accordance with article 498.
Art. 501. - Every co-owner shall, after partition, be liable for
defects of title and quality of the portion assigned to each of
the other co-owners.
Other Rules
Art. 497. - The creditors or assignees of the co-owners may
take part in the division of the thing owned in common and
object to its being e ected without their concurrence. But they
cannot impugn any partition already executed, unless there has
been fraud, or in case it was made notwithstanding a formal
opposition presented to prevent it, without prejudice to the
right of the debtor or assignor to maintain its validity.
Art. 498. - Whenever the thing is essentially indivisible and the
co-owners cannot agree that it be allotted to one of them who
shall indemnify the others, it shall be sold and its proceeds
distributed.

Whenever Thing is Essentially Indivisible + Co-Owners

cannot Agree that It be allotted to One of Them

Art. 498. - Whenever the thing is essentially indivisible and the

co-owners cannot agree that it be allotted to one of them who
shall indemnify the others, it shall be sold and its proceeds
distributed.

When Resorted to:

• right to partition property is invoked by any of the co-owners,
but because of the property’s nature it cannot be subdivided,
or its subdivision would prejudice the interests of the co-
owners
• co-owners are not in agreement as to who among them shall
be allotted or assigned the entire property upon proper
reimbursement of the co-owners

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 Property -CivRev

POSSESSION Art. 541. - A possessor in the concept of owner has in his favor
————————————————————————————————— the legal presumption that he possesses with a just title and he
cannot be obliged to show or prove it.
CONCEPT; KINDS
May ripen into Ownership via Acquisitive Prescription
DEFINITION
Art. 540. - Only the possession acquired and enjoyed in the
Art. 523. - Possession is the holding of a thing or the concept of owner can serve as a title for acquiring dominion.
enjoyment of a right.
POSSESSION IN GOOD FAITH OR IN BAD FAITH
Object
Concept
Art. 530. - Only things and rights which are susceptible of
being appropriated may be the object of possession. Art. 526. - He is deemed a possessor in good faith who is not
aware that there exists in his title or mode of acquisition any
Requisites aw which invalidates it.
He is deemed a possessor in bad faith who possesses in any
• occupancy, apprehension or taking; and case contrary to the foregoing.
• intent to possess (animus possidendi) Mistake upon a doubtful or di cult question of law may be the
basis of good faith.
POSSESSION IN ONE’S OWN NAME, OR IN ANOTHER’S
• thus, a possessor by mere tolerance is not a possessor in GF
Art. 524. - Possession may be exercised in one’s own name or • one whose interest is merely that of a holder (tenant, agent,
in that of another. or usufructuary) is not quali ed to become a possessor in GF

• right of possession need not be personally exercised by Presumption of GF

owner or holder of thing, as it may be exercised via an agent
Art. 527. - Good faith is always presumed, and upon him who
alleges bad faith on the part of a possessor rests the burden of
Possession in One’s Own Possession in Another’s Name proof.
Name
Art. 528. - Possession acquired in good faith does not lose this
embraces all kinds of possession by a person w/o any character except in the case and from the moment facts exist
possession right of his own which show that the possessor is not unaware that he
anchored on a judicial title or one strictly by an agent
possesses the thing improperly or wrongfully.
right
Art. 529. - It is presumed that possession continues to be
enjoyed in the same character in which it was acquired, until
POSSESSION IN CONCEPT OF OWNER OR OF HOLDER the contrary is proved.

Art. 525. - The possession of things or rights may be had in • whatever may be the cause or fact form w/c it can be
one of two concepts: either in the concept of owner, or in that deduced that the possessor has knowledge re defects of his
of the holder of the thing or right to keep or enjoy it, the title or mode of acquisition, it must be considered su cient to
ownership pertaining to another person. show BF

Concepts E ects upon Fruits already received by Possessor

In Concept of Owner In Concept of Holder Possessor in GF

Art. 544. - A possessor in good faith is entitled to the fruits

such possessor may be the such possessor acknowledges received before the possession is legally interrupted.
owner himself or one who in another a superior right w/c Natural and industrial fruits are considered received from the
claims to be so he believes to be ownership
time they are gathered or severed.
provided he does not whether or not his belief is Civil fruits are deemed to accrue daily and belong to the
acknowledge in another a correct possessor in good faith in that proportion.
superior right
Possessor in BF
E ects of Possessor in Concept of Owner
Art. 549. - The possessor in bad faith shall reimburse the fruits
received and those which the legitimate possessor could have
Raises a Disputable Presumption of Ownership received, and shall have a right only to the expenses
mentioned in paragraph 1 of article 546 and in article 443. The
Art. 433. - Actual possession under claim of ownership raises a expenses incurred in improvements for pure luxury or mere
disputable presumption of ownership. The true owner must pleasure shall not be refunded to the possessor in bad faith;
resort to judicial process for the recovery of the property. but he may remove the objects for which such expenses have
been incurred, provided that the thing su ers no injury thereby,
Creates a Disputable Presumption that Possessor has Just and that the lawful possessor does not prefer to retain them by
Title paying the value they may have at the time he enters into
possession.

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 Property -CivRev
E ects upon Fruits still pending
Possessor in GF
Art. 545. - 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.
The charges shall be divided on the same basis by the two
possessors.
The owner of the thing may, should he so desire, give the
possessor in good faith the right to nish the cultivation and
gathering of the growing fruits, as an indemnity for his part of
the expenses of cultivation and the net proceeds; the
possessor in good faith who for any reason whatever should
refuse to accept this concession, shall lose the right to be
indemni ed in any other manner.
Possessor in BF
Art. 549. - The possessor in bad faith shall reimburse the fruits
received and those which the legitimate possessor could have
received, and shall have a right only to the expenses
mentioned in paragraph 1 of article 546 and in article 443. The
expenses incurred in improvements for pure luxury or mere
pleasure shall not be refunded to the possessor in bad faith;
but he may remove the objects for which such expenses have
been incurred, provided that the thing su ers no injury thereby,
and that the lawful possessor does not prefer to retain them by
paying the value they may have at the time he enters into
possession.
Art. 452. - The builder, planter or sower in bad faith is entitled
to reimbursement for the necessary expenses of preservation
of the land.
E ects upon Expenses
Necessary
• those incurred for the preservation of the thing and are
intended to prevent the thing from becoming useless
Art. 546, par. 1. - Necessary expenses shall be refunded to
every possessor; but only the possessor in good faith may
retain the thing until he has been reimbursed therefor.
Useful
• those incurred to give greater utility or productivity to the
property
• serve to increase the thing’s value and results in (useful)
improvements
Art. 546, par. 2. - Useful expenses shall be refunded only to
the possessor in good faith with the same right of retention, the
person who has defeated him in the possession having the
option of refunding the amount of the expenses or of paying
the increase in value which the thing may have acquired by
reason thereof.
Art. 547. - 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
exercises the option under paragraph 2 of the preceding
article.
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Owner’s or Person’s (who defeated Possessor in GF in the
Possession) Options in making the Refund
• to refund amount of expenses
• to pay increase in value w/c thing may have acquired by
reason of the useful expenses
Requisites for Possessor in GF to Remove Useful Improvements
(in lieu of Reimbursement for Them)
• removal can be done w/o damage to principal thing
• owner does not choose to appropriate the improvements by
refunding to the possessor in GF the useful expenses in the
manner discussed above
Note:
• possessor in BF has no right in relation to the useful
expenses incurred, and is not entitled to its refund, w/o even
a right to remove the useful improvements
E ects upon Ornamental Expenses
• aka expenses for pure luxury
Art. 548. - Expenses for pure luxury or mere pleasure shall not
be refunded to the possessor in good faith; but he may remove
the ornaments with which he has embellished the principal
thing if it su ers no injury thereby, and if his successor in the
possession does not prefer to refund the amount expended.
Art. 549. - The possessor in bad faith shall reimburse the fruits
received and those which the legitimate possessor could have
received, and shall have a right only to the expenses
mentioned in paragraph 1 of article 546 and in article 443. The
expenses incurred in improvements for pure luxury or mere
pleasure shall not be refunded to the possessor in bad faith;
but he may remove the objects for which such expenses have
been incurred, provided that the thing su ers no injury thereby,
and that the lawful possessor does not prefer to retain them by
paying the value they may have at the time he enters into
possession.
OTHER PROVISIONS
Art. 542. - The possession of real property presumes that of
the movables therein, so long as it is not shown or proved that
they should be excluded. 
Art. 550. - The costs of litigation over the property shall be
borne by every possessor.
Art. 551. - Improvements caused by nature or time shall always
inure to the bene t of the person who has succeeded in
recovering possession.
Art. 552. - A possessor in good faith shall not be liable for the
deterioration or loss of the thing possessed, except in cases in
which it is proved that he has acted with fraudulent intent or
negligence, after the judicial summons.
A possessor in bad faith shall be liable for deterioration or loss
in every case, even if caused by a fortuitous event.
Art. 553. - One who recovers possession shall not be obliged
to pay for improvements which have ceased to exist at the time
he takes possession of the thing.
Art. 554. - A present possessor who shows his possession at
some previous time, is presumed to have held possession also
during the intermediate period, in the absence of proof to the
contrary.

 Property -CivRev

ACQUISITION AND LOSS OF POSSESSION Clandestinely Executed Acts w/o Possessor’s Knowledge

Art. 561. - One who recovers, according to law, possession Art. 537. - supra.
unjustly lost, shall be deemed for all purposes which may
redound to his bene t, to have enjoyed it without interruption CONFLICT IN POSSESSION DE FACTO

MODES OF ACQUISITION Art. 538. - Possession as a fact cannot be recognized at the

same time in two di erent personalities except in the cases of
By Material Occupation co-possession. Should a question arise regarding the fact of
possession, the present possessor shall be preferred; if there
Art. 531. - Possession is acquired by the material occupation of are two possessors, the one longer in possession; if the dates
a thing or the exercise of a right, or by the fact that it is subject of the possession are the same, the one who presents a title;
to the action of our will, or by the proper acts and legal and if all these conditions are equal, the thing shall be placed in
formalities established for acquiring such right. judicial deposit pending determination of its possession or
ownership through proper proceedings.
• applicable only to corporeal objects
• including tradicion brevi manu and tradicion constitutum MODES OF LOSING POSSESSION
possessorium
Art. 555. - A possessor may lose his possession:
By Exercise of Right (1) By the abandonment of the thing;
(2) By an assignment made to another either by onerous or
• applicable to acquisition of possession over rights gratuitous title;
(3) By the destruction or total loss of the thing, or because it
By Subjecting the Thing/Right to Action of Our Will goes out of commerce
(4) By the possession of another, subject to the provisions of
• not involving material apprehension, but connotes a degree article 537, if the new possession has lasted longer than
of control su cient to subject the thing to the action of one’s one year. But the real right of possession is not lost till after
will the lapse of ten years.
• includes tradicion simbolica and tradicion longa manu
Abandonment
By Proper Acts and Legal Formalities
Requisites
• any juridical act by w/c possession is acquired or to w/c the
law gives the force of acts of possession • hope of recovery (spes recuperandi) is gone
• such as donations, succession, execution, and registration of • intent to recover (animus revertendi) is given up
public instruments, inscription of possessor information titles
Assignment
DOCTRINE OF CONSTRUCTIVE POSSESSION
Destruction/Loss of Thing
Concept
Possession of Another
• possession and cultivation of a portion of a tract under claim
of ownership of all is a constructive possession of all, if the • if such possession lasts > 1 year, only possession de facto is
remainder is not in another’s adverse possession lost, NOT the real right of possession (possession de jure)
• latter is only lost after lapse of 10 years
Requisites for Application

• alleged possessor must be in actual possession of a portion

or part of the property
• he is claiming ownership of the whole area
• remainder of the area is not in the adverse possession of
another
• area claimed is reasonable

WHEN POSSESSION IS NOT ACQUIRED

Thru Force/intimidation

Art. 536. - In no case may possession be acquired through

force or intimidation as long as there is a possessor who
objects thereto. He who believes that he has an action or a
right to deprive another of the holding of a thing, must invoke
the aid of the competent court, if the holder should refuse to
deliver the thing.

Merely Tolerated Acts

Art. 537. - Acts merely tolerated, and those executed

clandestinely and without the knowledge of the possessor of a
thing, or by violence, do not a ect possession.

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 Property -CivRev

POSSESSION OF MOVABLES Art. 560. - Wild animals are possessed only while they are
under one’s control; domesticated or tamed animals are
Art. 556. - The possession of movables is not deemed lost so considered domestic or tame, if they retain the habit of
long as they remain under the control of the possessor, even returning to the premises of the possessor.
though for the time being he may not know their whereabouts.
When Possession over Animals is lost
Art. 557. - The possession of immovables and of real rights is
not deemed lost, or transferred for purposes of prescription to As to Wild Animals
the prejudice of third persons, except in accordance with the
provisions of the Mortgage Law and the Land Registration laws. • considered possessed only while under one’s control
• once they recover their natural freedom, they cease to be
DOCTRINE OF IRREVINDICABILITY OF MOVABLES under one’s possession

Art. 559, par. 1. - The possession of movable property acquired As to Domesticated or Tamed Animals
in good faith is equivalent to a title. Nevertheless, one who has
lost any movable or has been unlawfully deprived thereof, may • regarded as such as long as they retain the habit of returning
recover it from the person in possession of the same. to the premises of the possessor
• possession thereof is not immediately lost by simple fact that
Requisites the animals are no longer under the possessor’s control

• movable is acquired in GF Notes:

• possession is in the concept of owner • under law, possessor/owner of domesticated animals has 20
days from the occupation by another person w/in w/c to
Note: reclaim them
• as a consequence, possession of the movable cannot be • after this period, the animals may no longer be recovered
anymore recovered from the present possessor from its present possessor

XPNs to Doctrine As to Domestic Animals

Art. 559, par. 2. - If the possessor of a movable lost or which
• considered personal property
the owner has been unlawfully deprived, has acquired it in
• rules on such property shall therefore apply
good faith at a public sale, the owner cannot obtain its return
without reimbursing the price paid therefor.

• if the owner has lost a movable, or if he has been unlawfully

deprived thereof, he has a right to recover it, not only from
the nder, thief or robber, but also from 3rd persons who may
have acquired it in GF from such nder, thief or robber, w/o
need of reimbursing the price paid therefor
• if the 3rd person acquired it in GF at a public sale, the owner
cannot obtain its return w/o reimbursing the price paid
therefor

Unlawful Deprivation

• includes cases of theft, robbery, unlawful taking and abuse of

con dence
• may not be unduly stretched to cover situations where there
is a contract of purchase and sale bet. 2 persons, and the
buyer therein fails to pay the purchase price, but nonetheless
alienates the thing sold in favor of the present possessor who
acted in GF

POSSESSION OF ANIMALS

Kinds

Wild Animals Domesticated or Domestic Animals

Tamed Animals

found in their natural formerly wild, but born or reared under

freedom have been subdued the control and care
and retained the of man
habit of returning to
the premises of the
possessor/owner

ex: wild boars,

horses roaming the
forest

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RIGHTS OF POSSESSION

TO BE RESPECTED IN POSSESSION

Art. 539. - Every possessor has a right to be respected in his

possession; and should he be disturbed therein he shall be
protected in or restored to said possession by the means
established by the laws and the Rules of Court.
A possessor deprived of his possession through forcible entry
may within ten days from the ling of the complaint present a
motion to secure from the competent court, in the action for
forcible entry, a writ of preliminary mandatory injunction to
restore him in his possession. The court shall decide the
motion within thirty (30) days from the ling thereof.

Actions to Recover Possession

Summary Proceedings

Art. 539, par. 2. - supra.

Art. 1674. - In ejectment cases where an appeal is taken, the

remedy granted in article 539, second paragraph, shall also
apply, if the higher court is satis ed that the lessee’s appeal is
frivolous or dilatory, or that the lessor’s appeal is prima facie
meritorious. The period of ten days referred to in said article
shall be counted from the time the appeal is perfected.

Accion Publiciana

• superior right of possession

• possession w/ a real right cannot le an accion reivindicatoria

Action for Replevin

• possession and ownership of movable property

Lawful Possessor can also employ Self-Help

Art. 429. - supra.

TO BE ENTITLED TO FRUITS

TO BE REIMBURSED FOR EXPENSES

TO BE RESPONSIBLE FOR LOSS

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USUFRUCT Ordinarily obliges Usufructuary to Preserve Form and

————————————————————————————————— Substance of Thing subject to Usufruct

BASIC PRINCIPLES XPNs (when no such Obligation exists)

DEFINITION Law/Title creating Usufruct provides that Usufructuary is not so

Art. 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.
• right to enjoy property of another temporarily, including both
the jus utendi and just fruendi
• meanwhile, owner retains the jus disponendi or the power to
alienate the same
OBJECT
Art. 564. - Usufruct may be constituted on the whole or a part
of the fruits of the thing, in favor of one or more persons,
simultaneously or successively, and in every case from or to a
certain day, purely or conditionally. It may also be constituted
on a right, provided it is not strictly personal or intransmissible.
How Right may be Object
• not strictly personal
• not in transmissible
• has its own independent existence
Note:
• servitude cannot be object of usufruct as it has no existence
independent of the tenements
CHARACTERISTICS
obliged
Art. 603(1). - supra.
Usufruct includes Things w/c, w/o being consumed, gradually
deteriorate thru Wear and Tear
Art. 573. - Whenever the usufruct includes things which,
without being consumed, gradually deteriorate through wear
and tear, the usufructuary shall have the right to make use
thereof in accordance with the purpose for which they are
intended, and shall not be obliged to return them at the
termination of the usufruct except in their condition at that time;
but he shall be obliged to indemnify the owner for any
deterioration they may have su ered by reason of his fraud or
negligence.
Usufruct includes Things w/c cannot be used w/o being
consumed
Art. 574. - Whenever the usufruct includes things which cannot
be used without being consumed, 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. In case they were not
appraised, he shall have the right to return the same quantity
and quality, or pay their current price at the time the usufruct
ceases.

Holder (Usufructuary) entitled to Enjoy the Property

Art. 562. - supra.

• aka jus utendi

Usufructuary entitled to Receive Fruits Thereof

Art. 566. - The usufructuary shall be entitled to all the natural,

industrial and civil fruits of the property in usufruct. With respect
to hidden treasure which may be found on the land or
tenement, he shall be considered a stranger.

• jus fruendi

Right enjoyed over Another’s Property

• just in re aliena

Real Right w/c may be exercised over a Real/Personal

Property

Of Temporary Character

Art. 603. - Usufruct is extinguished:

(1) By the death of the usufructuary, unless a contrary
intention clearly appears;
(2) By the expiration of the period for which it was constituted,
or by the ful llment of any resolutory condition provided in
the title creating the usufruct.

• since as a rule, the right is extinguished upon the expiration

of the period for w/c it was constituted or upon the death of
the usufructuary

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CLASSIFICATION OF USUFRUCT Art. 756. - The ownership of property may also be donated to
one person and the usufruct to another or others, provided all
AS TO MANNER OF CREATION the donees are living at the time of the donation

Art. 563. - Usufruct is constituted by law, by the will of private
persons expressed in acts inter vivos or in a last will and
testament, and by prescription.
Legal Usufruct
Art. 563. - Usufruct is constituted by law, by the will of private
persons expressed in acts inter vivos or in a last will and
testament, and by prescription.
Art. 226, FC. - The property of the unemancipated child earned
or acquired with his work or industry or by onerous or
gratuitous title shall belong to the child in ownership and shall
be devoted exclusively to the latter’s support and education,
unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s
property shall be limited primarily to the child’s support and
secondarily to the collective daily needs of the family.
Art. 863. - A deicommissary substitution by virtue of which the
duciary or rst heir instituted is entrusted with the obligation to
preserve and to transmit to a second heir the whole or part of
the inheritance, shall be valid and shall take e ect, provided
such substitution does not go beyond one degree from the heir
originally instituted, and provided further, that the duciary or
rst heir and the second heir are living at the time of the death
of the testator.
Art. 869. - A provision whereby the testator leaves to a person
the whole or part of the inheritance, and to another the
usufruct, shall be valid. If he gives the usufruct to various
persons, not simultaneously, but successively, the provisions of
article 863 shall apply.
AS TO OBJECT OF USUFRUCT
Rights

Voluntary Usufruct Art. 564. - supra.

Inter VIvos • must not be personal or intransmissible in character

Alienation of Usufruct Things

Art. 1403(2)(e). - An agreement for the leasing for a longer Normal

period than one year, or for the sale of real property or of an
interest therein. • usufructuary preserves form and substance of thing in
usufruct and returns the same
Alienation of Naked Ownership
Abnormal/Irregular
• aka the retention of the usufruct
• usufructuary may consume/alienate property, but returns
Mortis Causa either the appraised value or another thing of the same kind,
quantity or quality
• where a usufruct is constituted inter vivos and for valuable
consideration, the contract is unenforceable, unless in writing AS TO EXTENT

Mixed Usufruct Fruits

• acquired by prescription Total

AS TO SUBJECT MATTER • involving all the fruits of a thing

Proper/Normal Partial

• constituted over a non-consumable thing • involving a part only

Improper/Abnormal Object

Art. 574. - supra. Universal

• over either a consumable thing or a non-consumable thing Art. 598. - If the usufruct be constituted on the whole of a
that gradually deteriorates patrimony, and if at the time of its constitution the owner has
debts, the provisions of articles 758 and 759 relating to
AS TO PERSON ENJOYING THE RIGHT donations shall be applied, both with respect to the
maintenance of the usufruct and to the obligation of the
Simple usufructuary to pay such debts.
The same rule shall be applied in case the owner is obliged, at
• only 1 usufructuary enjoys it the time the usufruct is constituted, to make periodical
payments, even if there should be no known capital.
Multiple
Singular
• several enjoy it
• either simultaneous or successive • constituted over individual things/rights

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AS TO TERMS RIGHTS OF USUFRUCTUARY

Pure POSSESSION AND ENJOYMENT OF THING AND ITS FRUITS

• absent any conditions/terms Art. 572. - The usufructuary may personally enjoy the thing in
usufruct, lease it to another, or alienate his right of usufruct,
Conditional even by a gratuitous title; but all the contracts he may enter into
as such usufructuary shall terminate upon the expiration of the
• has a condition usufruct, saving leases of rural lands, which shall be considered
as subsisting during the agricultural year.
With a Term (Period)
• fruit consists of natural, industrial and civil ones
• may be from or to a certain day • civil fruits accrue daily, and are prorated according to time

Art. 566. - The usufructuary shall be entitled to all the natural,

industrial and civil fruits of the property in usufruct. With respect
to hidden treasure which may be found on the land or
tenement, he shall be considered a stranger.

ENJOY INCREASE AND OTHER BENEFITS

Art. 571. - The usufructuary shall have the right to enjoy any
increase which the thing in usufruct may acquire through
accession, the servitudes established in its favor, and, in
general, all the bene ts inherent therein.

Fruits pending at Beginning of Fruits pending at its

Usufruct Termination

belong to the usufructuary, w/o belong to the owner, who shall

reimbursement of expenses to
owners, but also w/o prejudice
to rights of 3rd persons
reimburse to the usufructuary
ordinary cultivation expenses for
seed, and other similar
expenses from the fruits’
proceeds

LEASE THING

Art. 572. - supra.

• ordinarily the lease must be for the same or shorter period as

the usufruct
• usufructuary, not the naked owner, has the right to choose
the tenant

Art. 590. - A usufructuary who alienates or leases his right of

usufruct shall answer for any damage which the things in
usufruct may su er through the fault or negligence of the
person who substitutes him.

Art. 579. - The usufructuary may make on the property held in

usufruct such useful improvements or expenses for mere
pleasure as he may deem proper, provided he does not alter its
form or substance; but he shall have no right to be indemni ed
therefor. He may, however, remove such improvements, should
it be possible to do so without damage to the property.

XPNs

• purely personal usufructs

• title creating it prohibits such
• usufructuary takes possession under a caucion juratoria

ENJOY IMPROVEMENTS INTRODUCED

Art. 579. - The usufructuary may make on the property held in

usufruct such useful improvements or expenses for mere
pleasure as he may deem proper, provided he does not alter its
form or substance; but he shall have no right to be indemni ed
therefor. He may, however, remove such improvements, should
it be possible to do so without damage to the property.

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Art. 580. - The usufructuary may set o the improvement he provided that such acts do not cause a diminution in the value
may have made on the property against any damage to the of the usufruct or prejudice the right of the usufructuary.
same.
• owner may validly mortgage the property in favor of a 3rd
Notes: person
• right of usufructuary to remove the improvements is • owner may also impose, w/o usufructuary’s consent, a
potestative w/ him, and thus he cannot be prevented from voluntary easement upon the tenement or land held in
choosing it nor be compelled to do it usufruct

MORTGAGE RIGHT OF USUFRUCT EXTENT OF USUFRUCTUARY RIGHTS (SPECIAL CASES OF

USUFRUCT)
Art. 572. - supra.
Usufruct over Pension or Periodical Income
ALIENATE USUFRUCT
Art. 570. - Whenever a usufruct is constituted on the right to
*same XPNs for leasing the thing apply* receive a rent or periodical pension, whether in money or in
fruits, or in the interest on bonds or securities payable to
Rule bearer, each payment due shall be considered as the proceeds
or fruits of such right.
Art. 572. - supra. Whenever it consists in the enjoyment of bene ts accruing from
a participation in any industrial or commercial enterprise, the
Art. 590. - A usufructuary who alienates or leases his right of date of the distribution of which is not xed, such bene ts shall
usufruct shall answer for any damage which the things in have the same character.
usufruct may su er through the fault or negligence of the In either case they shall be distributed as civil fruits, and shall
person who substitutes him. be applied in the manner prescribed in the preceding article.

• transfer/alienation of right of usufruct does not result in the Usufruct over Things w/c Deteriorate
termination of the relation bet. usufructuary and naked owner
Art. 573. - Whenever the usufruct includes things which,
Right w/c may not be alienated without being consumed, gradually deteriorate through wear
and tear, the usufructuary shall have the right to make use
Legal Usufruct of Parents over Fruits and Income of thereof in accordance with the purpose for which they are
Unemancipated Children’s Property intended, and shall not be obliged to return them at the
termination of the usufruct except in their condition at that time;
Art. 226, FC. - The property of the unemancipated child earned but he shall be obliged to indemnify the owner for any
or acquired with his work or industry or by onerous or deterioration they may have su ered by reason of his fraud or
gratuitous title shall belong to the child in ownership and shall negligence
be devoted exclusively to the latter’s support and education,
unless the title or transfer provides otherwise. Usufruct over Consumables
The right of the parents over the fruits and income of the child’s
property shall be limited primarily to the child’s support and Art. 574. - Whenever the usufruct includes things which cannot
secondarily to the collective daily needs of the family.  be used without being consumed, the usufructuary shall have
the right to make use of them under the obligation of paying
Usufruct granted to Usufructuary in Consideration of His their appraised value at the termination of the usufruct, if they
were appraised when delivered. In case they were not
Person
appraised, he shall have the right to return the same quantity
and quality, or pay their current price at the time the usufruct
• to last during his lifetime (since the usufruct is a matter of
ceases
personal quality)
Usufruct over Woodland
Enjoyment of Property held in Usufruct is acquired thru
Caucion Juratoria Art. 577. - The usufructuary of woodland may enjoy all the
bene ts which it may produce according to its nature.
• inasmuch as the basis is the need of the usufructuary If the woodland is a copse or consists of timber for building, the
usufructuary may do such ordinary cutting or felling as the
Caucion Juratoria owner was in the habit of doing, and in default of this, he may
do so in accordance with the custom of the place, as to the
• promise under oath manner, amount and season.
• sworn duty to take good care of the property and return the In any case the felling or cutting of trees shall be made in such
same at the end of the usufruc manner as not to prejudice the preservation of the land.
In nurseries, the usufructuary may make the necessary
WHAT OWNER MAY DO thinnings in order that the remaining trees may properly grow.
With the exception of the provisions of the preceding
Art. 689. - The owner of a tenement or piece of land, the paragraphs, the usufructuary cannot cut down trees unless it
usufruct of which belongs to another, may impose thereon, be to restore or improve some of the things in usufruct, and in
without the consent of the usufructuary, any servitudes which such case he shall rst inform the owner of the necessity for
will not injure the right of usufruct. the work

Art. 595. - The owner may construct any works and make any
improvements of which the immovable in usufruct is
susceptible, or make new plantings thereon if it be rural,

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Usufruct over Fruit-Bearing Trees and Shrubs
Art. 575. - The usufructuary of fruit-bearing trees and shrubs
may make use of the dead trunks, and even of those cut o or
uprooted by accident, under the obligation to replace them
with new plants.
capital at interest upon agreement with the owner; in default of
such agreement, with judicial authorization; and, in every case,
with security su cient to preserve the integrity of the capital in
usufruct.
Usufruct over Mortgaged Immovable

• usufructuary has the full and unfettered right to gather fruits Art. 600. - The usufructuary of a mortgaged immovable shall
from the tree but not to cut the trees not be obliged to pay the debt for the security of which the
mortgage was constituted.
Usufruct over Action to Recover Property Should the immovable be attached or sold judicially for the
payment of the debt, the owner shall be liable to the
Art. 578. - The usufructuary of an action to recover real usufructuary for whatever the latter may lose by reason thereof.
property or a real right, or any movable property, has the right
to bring the action and to oblige the owner thereof to give him
the authority for this purpose and to furnish him whatever proof
he may have. If in consequence of the enforcement of the
action he acquires the thing claimed, the usufruct shall be
limited to the fruits, the dominion remaining with the owner.

Art. 567. - Natural or industrial fruits growing at the time the

usufruct begins, belong to the usufructuary
Those growing at the time the usufruct terminates, belong to
the owner.
In the preceding cases, the usufructuary, at the beginning of
the usufruct, has no obligation to refund to the owner any
expenses incurred; but the owner shall be obliged to reimburse
at the termination of the usufruct, from the proceeds of the
growing fruits, the ordinary expenses of cultivation, for seed,
and other similar expenses incurred by the usufructuary.
The provisions of this article shall not prejudice the rights of
third persons, acquired either at the beginning or at the
termination of the usufruct.

Usufruct over Part of a Co-owned Property

Art. 582. - The usufructuary of a part of a thing held in common

shall exercise all the rights pertaining to the owner thereof with
respect to the administration and the collection of fruits or
interest. Should the co-ownership cease by reason of the
division of the thing held in common, the usufruct of the part
allotted to the co-owner shall belong to the usufructuary.

Usufruct over Flock/Herd

Art. 591. - If the usufruct be constituted on a ock or herd of

livestock, the usufructuary shall be obliged to replace with the
young thereof the animals that die each year from natural
causes, or are lost due to the rapacity of beasts of prey.
If the animals on which the usufruct is constituted should all
perish, without the fault of the usufructuary, on account of some
contagious disease or any other uncommon event, the
usufructuary shall ful ll his obligation by delivering to the owner
the remains which may have been saved from the misfortune.
Should the herd or ock perish in part, also by accident and
without the fault of the usufructuary, the usufruct shall continue
on the part saved.
Should the usufruct be on sterile animals, it shall be
considered, with respect to its e ects, as though constituted on
fungible things.

Usufruct over Credits

Art. 599. - The usufructuary may claim any matured credits

which form a part of the usufruct if he has given or gives the
proper security. If he has been excused from giving security or
has not been able to give it, or if that given is not su cient, he
shall need the authorization of the owner, or of the court in
default thereof, to collect such credits.
The usufructuary who has given security may use the capital he
has collected in any manner he may deem proper. The
usufructuary who has not given security shall invest the said

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OBLIGATIONS OF USUFRUCTUARY
AT COMMENCEMENT OF USUFRUCT
OBLIGATIONS
Art. 583. - The usufructuary, before entering upon enjoyment
of the property, is obliged:
(1) To make, after notice of 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 movables;
(2) To give security, binding himself to ful ll the obligations
imposed upon him in accordance with this Chapter.
E ect of Failure to Comply
Art. 586. - Should the usufructuary fail to give security in the
cases in which he is bound to give it, the owner may demand
that the immovables be placed under administration, that the
movables be sold, that the public bonds, instruments of credit
payable to order or to bearer be converted into registered
certi cates or deposited in a bank or public institution, and that
the capital or sums in cash and the proceeds of the sale of the
movable property be invested in safe securities.
The interest on the proceeds of the sale of the movables and
that on public securities and bonds, and the proceeds of the
property placed under administration, shall belong to the
usufructuary.
Furthermore, the owner may, if he so prefers, until the
usufructuary gives security or is excused from so doing, retain
in his possession the property in usufruct as administrator,
subject to the obligation to deliver to the usufructuary the net
proceeds thereof, after deducting the sums which may be
agreed upon or judicially allowed him for such administration.
• failure to make inventory will only give rise to presumption
that the property was received in good condition, and the
usufructuary may be compelled to make an inventory anytime
E ect of Compliance
Art. 588. - After the security has been given by the
usufructuary, he shall have a right to all the proceeds and
bene ts from the day on which, in accordance with the title
constituting the usufruct, he should have commenced to
receive them.
EXEMPTION FROM OBLIGATION TO GIVE SECURITY
When Donor has reserved Usufruct of the Property Donated
Art. 584. - The provisions of No. 2 of the preceding article shall
not apply to the donor who has reserved the usufruct of the
property donated, or to the parents who are usufructuaries of
their children’s property, except when the parents contract a
second marriage.
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In Case of Legal Usufruct of the Parents over the Property of
Their Minor Children living in Their Custody and Under their
Parental Authority
Art. 584. - supra.
Art. 225, FC. - The father and the mother shall jointly exercise
legal guardianship over the property of the unemancipated
common child without the necessity of a court appointment. In
case of disagreement, the father’s decision shall prevail, unless
there is a judicial order to the contrary.
Where the market value of the property or the annual income
of the child exceeds P50,000, the parent concerned shall be
required to furnish a bond in such amount as the court may
determine, but not less than ten per centum (10%) of the value
of the property or annual income, to guarantee the
performance of the obligations prescribed for general
guardians.
WHEN USUFRUCTUARY MAY BE RELIEVED FROM
OBLIGATION TO GIVE SECURITY
When None will be injured Thereby
Art. 584. - supra.
When Enjoyment of Property subject of Usufruct is to be
Acquired thru Caucion Juratoria
Art. 587. - If the usufructuary who has not given security claims,
by virtue of a promise under oath, the delivery of the furniture
necessary for his use, and that he and his family be allowed to
live in a house included in the usufruct, the court may grant this
petition, after due consideration of the facts of the case.
The same rule shall be observed with respect to implements,
tools and other movable property necessary for an industry or
vocation in which he is engaged.
If the owner does not wish that certain articles be sold because
of their artistic worth or because they have a sentimental value,
he may demand their delivery to him upon his giving security
for the payment of the legal interest on their appraised value.
Caucion Juratoria
• promise under oath that’s made in court by usufructuary
• usufructuary has not given security for the purpose of
acquiring the use of (i) furniture necessary for his use, (ii)
dwelling house, and (iii) implements, tools, and other movable
property necessary for an industry/vocation in w/c he is
engaged
• here the usufructuary has no right to alienate his usufructuary
right, or lease the same, as that would mean he has no need
for the house, the furniture or the implements
DURING LIFE OF USUFRUCT
IN GENERAL
Preserve Form and Substance
Art. 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.
Observe Diligence of Good Father
Art. 589. - The usufructuary shall take care of the things given
in usufruct as a good father of a family.


Make Ordinary Repairs
Art. 592. - The usufructuary is obliged to make the ordinary
repairs needed by the thing given in usufruct.
By ordinary repairs are understood such as are required by the
wear and tear due to the natural use of the thing and are
indispensable for its preservation. Should the usufructuary fail
to make them after demand by the owner, the latter may make
them at the expense of the usufructuary.
Pay Annual Charges and Taxes
Art. 596. - The payment of annual charges and taxes and of
those considered as a lien on the fruits, shall be at the expense
of the usufructuary for all the time that the usufruct lasts.
Notify Owner re Need of Urgent Extraordinary Repairs
Art. 593. - Extraordinary repairs shall be at the expense of the
owner. The usufructuary is obliged to notify the owner when
the need for such repairs is urgent.
Pay Expenses, Costs, and Liabilities for Suits involving
Usufruct
Art. 602. - The expenses, costs and liabilities in suits brought
with regard to the usufruct shall be borne by the usufructuary.
Notify Owner of any Act of a Third Person that may be
Prejudicial
Art. 601. - The usufructuary shall be obliged to notify the owner
of any act of a third person, of which he may have knowledge,
that may be prejudicial to the rights of ownership, and he shall
be liable should he not do so, for damages, as if they had been
caused through his own fault.
REPAIRS
Art. 592. - supra.
Ordinary
(i) required by wear and tear
due to the natural use of
thing; and
RIGHT OF RETENTION
(ii) indispensable for
preservation of the thing
usufructuary’s obligation to
make such repairs needed by
thing given in usufruct
Rules on Extraordinary Repairs
• when need is urgent and indispensable for the thing’s
preservation, the law imposes an obligation upon the
usufructuary to notify the owner of the need of such repairs
• if after such notice, the owner still fails to make the
extraordinary repairs, the usufructuary is then authorized to
make them (in w/c case he acquires several rights in
connection therewith)
Rights when Owner still fails to make the Repairs
Art. 594, par. 2. - Should he not make them when they are
indispensable for the preservation of the thing, the usufructuary
may make them; but he shall have a right to demand of the
owner, at the termination of the usufruct, the increase in value
which the immovable may have acquired by reason of the
repairs.
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Art. 612. - Upon the termination of the usufruct, the thing in
usufruct shall be delivered to the owner, without prejudice to
the right of retention pertaining to the usufructuary or his heirs
for taxes and extraordinary expenses which should be
reimbursed. After the delivery has been made, the security or
mortgage shall be cancelled.
PAYMENT OF ANNUAL CHARGES AND TAXES
Art. 596. - The payment of annual charges and taxes and of
those considered as a lien on the fruits, shall be at the expense
of the usufructuary for all the time that the usufruct lasts.
Art. 597. - The taxes which, during the usufruct, may be
imposed directly on the capital, shall be at the expense of the
owner.
If the latter has paid them, the usufructuary shall pay him the
proper interest on the sums which may have been paid in that
character; and, if the said sums have been advanced by the
usufructuary, he shall recover the amount thereof at the
termination of the usufruct.
• ex: real estate taxes
When Taxes directly imposed on Capital are advanced by the
Usufructuary
• he is entitled to recover the same from the owner at
usufruct’s termination
• also w/ right to retain property held in usufruct until
reimbursement
OBLIGATION TO NOTIFY OWNER OF PREJUDICIAL ACTS
Art. 601. - The usufructuary shall be obliged to notify the owner
of any act of a third person, of which he may have knowledge,
that may be prejudicial to the rights of ownership, and he shall
be liable should he not do so, for damages, as if they had been
caused through his own fault. 
AT TERMINATION OF USUFRUCT
Extraordinary
RETURN THING
if both requisites are NOT Art. 612. - supra.
satis ed
Art. 597. - supra.
made at owner’s expense
Art. 612. - supra.
Until Payment of the .:
• sums that may have been advanced by usufructuary for
payment of taxes imposed directly on the capital
• increase in value w/c the immovable acquired by reason of
the extraordinary repairs paid for by the usufructuary
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CAUSE OF EXTINGUISHMENT Art. 605. - supra.

OVERVIEW MERGER OF RIGHTS

Art. 603. - Usufruct is extinguished: Art. 603(3). - supra.

(1) By the death of the usufructuary, unless a contrary intention
clearly appears; • those of the usufructuary and those of the naked owner
(2) By the expiration of the period for which it was constituted, • into one and the same person
or by the ful llment of any resolutory condition provided in
the title creating the usufruct; RENUNCIATION OF USUFRUCT
(3) By merger of the usufruct and ownership in the same
person; Art. 603(4). - supra.
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct; • must be express and does not need owner’s consent
(6) By the termination of the right of the person constituting the
usufruct; If made in Fraud of Creditors
(7) By prescription.
• waiver may be rescinded by them via action for rescission
Art. 612. - Upon the termination of the usufruct, the thing in under article 1381
usufruct shall be delivered to the owner, without prejudice to
the right of retention pertaining to the usufructuary or his heirs If Right is Mortgaged
for taxes and extraordinary expenses which should be
reimbursed. After the delivery has been made, the security or • mortgage last until its payment or expiration of period of
mortgage shall be cancelled. usufruct

CASES WHERE USUFRUCT IS GRANTED FOR THE TIME TERMINATION OF RIGHT OF PERSON CONSTITUTING THE
THAT MAY ELAPSE BEFORE 3RD PERSON ATTAINS A USUFRUCT
CERTAIN AGE
Art. 603(6). - supra.
Art. 606. - A usufruct granted for the time that may elapse
before a third person attains a certain age, shall subsist for the • e.g., usufruct constituted by a vendee a retro also terminates
number of years speci ed, even if the third person should die upon redemption
before the period expires, unless such usufruct has been
expressly granted only in consideration of the existence of LOSS OF THING IN USUFRUCT
such person.
Art. 603(5). - supra.
Example
Art. 604. - If the thing given in usufruct should be lost only in
• if O creates a usufruct over his property in favor of “U” to last part, the right shall continue on the remaining part.
until the child of “U” (aka “C”), who is 5 years old, reaches the
age of 18, the usufruct will continue for another 8 years even E ects of Loss of Building in Usufruct
if “C” dies at the age of 10
Usufruct over Land including Building
XPN
Art. 607, par. 1. - If the usufruct is constituted on immovable
• when such usufruct has been expressly granted only in property of which a building forms part, and the latter should be
consideration of the 3rd person’s existence (usufruct is destroyed in any manner whatsoever, the usufructuary shall
extinguished upon the latter’s death) have a right to make use of the land and the materials.

DEATH Usufruct over Building only

Art. 603(1). - supra.
Art. 605. - Usufruct cannot be constituted in favor of a town,
corporation or association for more than fty years. If it has
been constituted, and before the expiration of such period the
town is abandoned, or the corporation or association is
dissolved, the usufruct shall be extinguished by reason thereof.
Art. 611. - A usufruct constituted in favor of several persons
living at the time of its construction shall not be extinguished
until the death of the last survivor.
EXPIRATION OF PERIOD/FULFILLMENT OF RESOLUTORY
CONDITION
Art. 603(2). - supra.
• those in favor of juridical persons cannot exceed 50 years
• period and resolutory condition must be recorded to
prejudice strangers
Art. 607, par. 2. - The same rule shall be applied if the usufruct
is constituted on a building only and the same should be
destroyed. But in such a case, if the owner should wish to
construct another building, he shall have a right to occupy the
land and to make use of the materials, being obliged to pay to
the usufructuary, during the continuance of the usufruct, the
interest upon the sum equivalent to the value of the land and of
the materials.
Usufruct over Insured Building or Tenement
When Usufructuary shares Insurance w/ Owner
Art. 608, par. 1. - If the usufructuary shares with the owner the
insurance of the tenement given in usufruct, the former shall, in
case of loss, continue in the enjoyment of the new building,
should one be constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to rebuild.

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When Usufructuary refused to Contribute to Insurance

Art. 608, par. 2. - Should the usufructuary have refused to

contribute to the insurance, the owner insuring the tenement
alone, the latter shall receive the full amount of the insurance
indemnity in case of loss, saving always the right granted to the
usufructuary in the preceding article.

PRESCRIPTION

Art. 603(7). - supra.

• that is, when the property subject of the usufruct is acquired

by another person thru prescription

Cases covered

• when 3rd party acquires ownership of thing

• property in usufruct or right of ownership is lost thru
prescription
• right of usufruct has not begun w/in prescriptive period
• tacit abandonment
• non-use of thing held in usufruct for required period

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CHARACTERISTICS
EASEMENTS
————————————————————————————————— REAL RIGHT INSEPARABLE FROM ESTATE

CONCEPT Art. 617. - Easements are inseparable from the estate to which
they actively or passively belong.
Art. 613. - An easement or servitude is an encumbrance
imposed upon an immovable for the bene t of another • falls upon property itself
immovable belonging to a di erent owner. • cannot be alienated or mortgaged separately from the estate
The immovable in favor of which the easement is established is to w/c it forms part
called the dominant estate; that which is subject thereto, the
servient estate. RIGHT CONSISTS OF A LIMITED USE AND ENJOYMENT OF
THING
DEFINITIONS
• w/o possession thereof
• real right w/c burdens a thing w/ a prestation consisting of • gives right to action in rem in favor of the owner of the
determinate servitudes, for the exclusive enjoyment of a tenement of the easement and against any possessor of the
person who is not its owner or of a tenement belonging to servient estate
another
RIGHT ENJOYED OVER IMMOVABLES BY NATURE

Dominant Estate Servient Estate • e.g. lands, building, roads, constructions adhering to soil

the immovable in favor of w/c immovable subject to the

RIGHT ENJOYED OVER ANOTHER’S PROPERTY
the easement is established easement
• jura in re aliena

Easement
real right constituted on the
corporeal immovable property of
another, by virtue of w/c the
owner has to refrain from doing,
or must allow someone to do,
something on his property, for
the bene t of another thing or
person
Servitude
encumbrance imposed upon an
immovable for the bene t of
another immovable that belongs
to a di erent owner, or for the
bene t of a community, or of
one or more persons to whom
the encumbered estate does not
belong
Consequences
• impossible to have an easement over one’s own property
• if there is a merger in the same person of the ownership of
the dominant and servient estates, the easement is
extinguished
• acknowledgement of easement is an admission that the
property belongs to another
INDIVISIBLE

Art. 618. - Easements are indivisible. If the servient estate is

divided between two or more persons, the easement is not
modi ed, and each of them must bear it on the part which
corresponds to him.
If it is the dominant estate that is divided between two arm ore
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.

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CLASSIFICATION Voluntary

ACCORDING TO MANNER OF EXERCISE • established by will of the owners

Art. 615. - Easements may be continuous or discontinuous, ACCORDING TO RECIPIENT OF BENEFIT

apparent or nonapparent.
Continuous easements are those the use of which is or may be Real/Praedial
incessant, without the intervention of any act of man.
Discontinuous easements are those which are used at intervals Art. 613. - supra.
and depend upon the acts of man.
Apparent easements are those which are made known and are • where easement is for the bene t of another immovable
continually kept in view by external signs that reveal the use belonging to a di erent owner
and enjoyment of the same. • note which are dominant and which are servient
Non-apparent easements are those which show no external
indication of their existence. Personal

Continuous Art. 614. - Servitudes may also be established for the bene t of
a community, or of one or more persons to whom the
Examples: encumbered estate does not belong.
• easement of drainage
• easement of light and view

Discontinuous

Examples:
• easement of right of way (even when there is a permanent
railway or cemented road)

Apparent

Examples:
• road (w/c reveals right of way)
• window (w/c evidences a right to light and view)

Non-Apparent

Examples:
• easement of not building beyond a certain height (non altius
tollendi)

ACCORDING TO OBLIGATION IMPOSED

Art. 616. - Easements are also positive or negative.

A positive easement is one which imposes upon the owner of
the servient estate the obligation of allowing something to be
done or of doing it himself, and a negative easement, that
which prohibits the owner of the servient estate from doing
something which he could lawfully do if the easement did not
exist.

Positive

Example:
• easement of right of way

Negative

Example:
• easement of not building higher (altius non tollendi)

ACCORDING TO ORIGIN OR CREATION

Art. 619. - Easements are established either by law or by the

will of the owners. The former are called legal and the latter
voluntary easements.

Legal

• established by law

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MODES OF ACQUISITION • whether apparent or not, may only be acquired by title

• easement of right of way is not acquirable by prescription
OVERVIEW (cause it is discontinuous), its use is at intervals and depends
upon the acts of man, even when apparent (ex: footpath or
Art. 620. - Continuous and apparent easements are acquired road or railroad track)
either by virtue of a title or by prescription of ten years.
Apparent Sign of Easement as Title
Title
Art. 624. - The existence of an apparent sign of easement
• a juridical act (contract, donation or will) or provision su cient between two estates, established or maintained by the owner
to create the encumbrance, whether inter vivos or mortis of both, shall be considered, should either of them be
causa alienated, as a title in order that the easement may continue
actively and passively, unless, at the time the ownership of the
Prescription (10 Years) two estates is divided, the contrary should be provided in the
title of conveyance of either of them, or the sign aforesaid
Art. 621. - In order to acquire by prescription the easements should be removed before the execution of the deed. This
referred to in the preceding article, the time of possession shall provision shall also apply in case of the division of a thing
be computed thus: in positive easements, from the day on owned in common by two or more persons.
which the owner of the dominant estate, or the person who
may have made use of the easement, commenced to exercise Situation Applicable
it upon the servient estate; and in negative easements, from
the day on which the owner of the dominant estate forbade, by • 2 or more estates were previously owned by a singular
an instrument acknowledged before a notary public, the owner owner
of the servient estate, from executing an act which would be • single estate w/ 2 or more portions therein being owned by a
lawful without the easement. singular owner

In Positive Easements In Negative Easements
from day on w/c the owner of from day on w/c owner of the
the dominant estate, or the dominant estate forbade, by an
person who may have made use instrument acknowledged
of the easement, commenced to before a notary public, the
exercise it upon the servient owner of the servient estate,
estate from executing an act w/c would
be lawful w/o the easement
ex: easement of aqueduct ex: easement not to build higher
Notes:
• at that time, or prior to division of ownership, there exists bet.
the 2 estates an apparent sign of easement
• originally, therefore, there is no true easement that exists as
there is only 1 owner
• hence, at the outset, no other owner is imposed w/ a burden
• subsequently, one estate or a portion of the estate is
alienated in favor of another person, wherein, in that estate or
portion of the estate, an apparent visible sign of an easement
exists
When Easement exists

Notes: • there arises title to an easement of light and view, even in

• to warrant prescription, possession must be adverse and not absence of any formal act undertaken by owner of dominant
by mere tolerance of the property owner estate, if this apparent visible sign (such as existence of a
• easement of right of way is not acquirable by prescription, door and windows) continues to remain and subsist
because it is not a continuous easement • unless, at the time, the ownership of the 2 estates is divided,
(i) the contrary should be provided in the title of conveyance
SCENARIOS of either of them, or (ii) sign aforesaid should be removed
before execution of the deed
Continuous and Apparent Easements
Notes:
• easements both continuous and apparent are acquired in • considered an XPN to rule of NCC re negative easements
either of the 2 mentioned ways • article 623 is also applicable

Continuous and Non-apparent Easements Requisites for Application

Art. 622. - Continuous nonapparent easements, and • there exists an apparent sign of servitude bet. 2 estates
discontinuous ones, whether apparent or not, may be acquired • at time of establishment of such sign, the ownership of 2
only by virtue of a title. estates resides in 1 person
• sign of easement is established by owner of both estates,
• ONLY by title (because the article will not apply when easement is
established by person di erent from the owner)
Art. 623. - The absence of a document or proof showing the • ownership over the 2 estates is later on divided, either by
origin of an easement which cannot be acquired by alienation or partition
prescription may be cured by a deed of recognition by the • at time of division of ownership, nothing is stated in the
owner of the servient estate or by a nal judgment. document of alienation or partition contrary to the easement
nor is the sign of the easement removed before execution of
Discontinuous Easements the document

Art. 622. - supra.

Art. 623. - supra.

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RIGHTS AND OBLIGATIONS OF OWNERS OF ESTATE his expense, provided he o ers another place or manner
equally convenient and in such a way that no injury is caused
OF DOMINANT ESTATE thereby to the owner of the dominant estate or to those who
may have a right to the use of the easement.
Limitations upon Rights of Dominant Estate Owner
• ex: non-impairment of passage of water by closing the canal
• can only exercise rights necessary for easement’s use or demolishing the main dike
• cannot use easement except for bene t of immovable
originally contemplated RETENTION OF OWNERSHIP OF PORTION ON W/C
• cannot exercise the easement in any other EASEMENT IS ESTABLISHED

ALL RIGHTS NECESSARY FOR USE Art. 630. - The owner of the servient estate retains the
ownership of the portion on which the easement is established,
Art. 625. - Upon the establishment of an easement, all the and may use the same in such a manner as not to a ect the
rights necessary for its use are considered granted. exercise of the easement.

Art. 641. - Easements for drawing water and for watering • he may not exercise some of his property rights for the
animals carry with them the obligation of the owners of the bene t of the person who was granted the easement of right
servient estates to allow passage to persons and animals to the of way (hence, he cannot enclose his property, nor obstruct
place where such easements are to be used, and the indemnity or hinder the free passage over the servient estate)
shall include this service.

MAKE ON SERVIENT ESTATE ANY WORKS NECESSARY RE

USE AND PRESERVATION OF SERVITUDE

Art. 627. - The owner of the dominant estate may make, at his
own expense, on the servient estate any works necessary for
the use and preservation of the servitude, but without altering it
or rendering it more burdensome.
For this purpose he shall notify the owner of the servient
estate, and shall choose the most convenient time and manner
so as to cause the least inconvenience to the owner of the
servient estate.

CONTRIBUTE TO EXPENSES FOR USE AND PRESERVATION

OF SERVITUDE

Art. 628. - Should there be several dominant estates, the

owners of all of them shall be obliged to contribute to the
expenses referred to in the preceding article, in proportion to
the bene ts which each may derive from the work. Any one
who does not wish to contribute may exempt himself by
renouncing the easement for the bene t of the others.
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.

PROPER USE OF EASEMENT

Art. 626. - The owner of the dominant estate cannot use the
easement except for the bene t of the immovable originally
contemplated. Neither can he exercise the easement in any
other manner than that previously established.

• can only use easement for bene t of immovable originally

contemplated
• can only exercise the easement in the manner established
• easement cannot be altered or made more burdensome

OF SERVIENT ESTATE

NON-IMPAIRMENT OF USE

Art. 629. - The owner of the servient estate cannot impair, in

any manner whatsoever, the use of the servitude.
Nevertheless, if by reason of the place originally assigned, or of
the manner established for the use of the easement, the same
should become very inconvenient to the owner of the servient
estate, or should prevent him from making any important
works, repairs or improvements thereon, it may be changed at

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MODES OF EXTINGUISHMENT REDEMPTION

Art. 631. - Easements are extinguished: • agreed upon bet. the owners of the estates
(1) By merger in the same person of the ownership of the • release of servient estate from the servitude upon said
dominant and servient estates; agreement of owners of both + payment by servient estate
(2) By nonuser for ten years; with respect to discontinuous owner of the corresponding consideration to dominant estate
easements, this period shall be computed from the day on owner
which they ceased to be used; and, with respect to
continuous easements, from the day on which an act OTHER CAUSES NOT IN ARTICLE 361
contrary to the same took place;
(3) When either or both of the estates fall into such condition • annulment/rescission of title constituting the easement
that the easement cannot be used; but it shall revive if the • termination of right of grantor
subsequent condition of the estates or either of them • abandonment of servient estate
should again permit its use, unless when the use becomes • eminent domain
possible, su cient time for prescription has elapsed, in • special cause for extinction of legal rights of way (if right of
accordance with the provisions of the preceding number; way no longer necessary)
(4) By the expiration of the term or the ful llment 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

• because easement is a right enjoyed over another’s property

• hence, if there is a merger in the same person re ownership
of both estates, then the easement is extinguished
• however, alienation of estates to di erent persons is not one
of the grounds for extinguishment of an easement

Note:
• easement is not extinguished when the owner of the
dominant estate merely becomes a co-owner of the servient

NON-USE FOR 10 YEARS

Computation

Art. 631(2). - supra.

For Discontinuous Easements For Continuous Easements

from day on w/c they ceased to from day on w/c an act contrary
be used to the same took place

Art. 632. - The form or manner of using the easement may

prescribe as the easement itself, and in the same way.

Art. 633. - If the dominant estate belongs to several persons in

common, the use of the easement by any one of them prevents
prescription with respect to the others.

IMPOSSIBILITY OF USE

• only temporary, as easement shall revive if the subsequent

condition of the estates or either of them should again permit
its use (unless when use becomes possible, su cient time for
prescription - 10 years - has elapsed)
• applicable to an easement w/c has been used but was later
abandoned

EXPIRATION OF TERM / FULFILLMENT OF CONDITION

• provided the easement is temporary or conditional

RENUNCIATION

• by dominant estate owner

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LEGAL EASEMENTS* EASEMENTS RELATING TO WATERS

OVERVIEW EASEMENT OF NATURAL DRAINAGE

Art. 634. - Easements imposed by law have for their object
either public use or the interest of private persons.
Art. 635. - All matters concerning easements established for
public or communal use shall be governed by the special laws
and regulations relating thereto, and, in the absence thereof, by
the provisions of this Title.
Art. 637. - 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.
The owner of the lower estate cannot construct works which
will impede this easement; neither can the owner of the higher
estate make works which will increase the burden.

Art. 636. - Easements established by law in the interest of Note:

private persons or for private use shall be governed by the
provisions of this Title, without prejudice to the provisions of
general or local laws and ordinances for the general welfare.
These easements may be modi ed by agreement of the
interested parties, whenever the law does not prohibit it or no
injury is su ered by a third person.
• obligation extends only to waters w/c ow by force of nature
and w/o human intervention
EASEMENT ON LANDS ALONG RIVERBANKS (3 METER
ZONE)
Art. 638. - The banks of rivers and streams, even in case they
are of private ownership, are subject throughout their entire
length and within a zone of three meters along their margins, to
the easement of public use in the general interest of
navigation, oatage, shing and salvage.
Estates adjoining the banks of navigable or oatable rivers are,
furthermore, subject to the easement of towpath for the
exclusive service of river navigation and oatage.
If it be necessary for such purpose to occupy lands of private
ownership, the proper indemnity shall rst be paid.

EASEMENT OF ABUTMENT OF A DAM

Art. 639. - Whenever for the diversion or taking of water from a

river or brook, or for the use of any other continuous or
discontinuous stream, 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 establish the
easement of abutment of a dam, after payment of the proper
indemnity.

EASEMENTS FOR DRAWING WATER (FOR WATERING

ANIMALS)

Art. 640. - 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.

Art. 641. - 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.

EASEMENT OF AQUEDUCT

Art. 642. - 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 ow 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 lter or descend.

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OBLIGATIONS a. That he is the owner, lessee, mortgagee or one having real

Art. 643. - One desiring to make use of the right granted in the
preceding article is obliged:
(1) To prove that he can dispose of the water and that it is
su cient for the use for which it is intended;
(2) To show that the proposed right of way is the most
convenient and the least onerous to third persons;
(3) To indemnify the owner of the servient estate in the manner
determined by the laws and regulations.
right over the land upon which he proposes to use water;
and
b. That the proposed easement is the most convenient and
the least onerous to the servient estate.
Easements relating to the appropriation and use of waters may
be modi ed by agreement of the contracting parties provided
the same is not contrary to law or prejudicial to third persons.

WHERE IT CANNOT BE IMPOSED

Art. 644. - The easement of aqueduct for private interest

cannot be imposed on buildings, courtyards, annexes, or
outhouses, or on orchards or gardens already existing.

RULES VIS-A-VIS SERVIENT ESTATE

Art. 645. - The easement of aqueduct 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.

CONSIDERED CONTINUOUS AND APPARENT

Art. 646. - For legal purposes, the easement of aqueduct shall

be considered as continuous and apparent, even though the
ow 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.

• may thus be acquired by prescription

STOP LOCK / SLUICE GATE

Art. 647. - One who for the purpose of irrigating or improving

his estate, has to construct a stop lock or sluice gate in the bed
of the stream from which the water is to be taken, may demand
that the owners of the banks permit its construction, after
payment of damages, including those caused by the new
easement to such owners and to the other irrigators.

LAW GOVERNING EASEMENTS OF WATERS

UNDER CIVIL CODE

Art. 648. - The establishment, extent, form and conditions of

the servitudes of waters, to which this section refers, shall be
governed by the special laws relating thereto insofar as no
provision therefor is made in this Code.

UNDER WATER CODE

Art. 13, WC. - Except as otherwise herein provided, no person,

including government instrumentalities or government-owned
or controlled corporations, shall appropriate water without a
water right, which shall be evidenced by a document known as
a water permit.
Water right is the privilege granted by the government to
appropriate and use water.

Art. 25, WC. - A holder of a water permit may demand the

establishment of easements necessary for the construction and
maintenance of the works and facilities needed for the
bene cial use of the waters to be appropriated subject to the
requirements of just compensation and to the following
conditions:

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EASEMENT OF RIGHT OF WAY Amount of Indemnity

• privilege constituted by contract or granted by law to a

person or class of persons to pass over another’s property, Permanent Temporary/Seasonal
when his own property is surrounded by realities belonging
to others w/o an adequate outlet to the public highway if easement is established in if easement is limited to the
• baed on a real necessity, as mere convenience would not such a manner that its use may necessary passage for the
justify imposing such easement be continuous for all dominant cultivation of the estate
estate’s needs, establishing a surrounded by others and for
WHO MAY DEMAND permanent passage the gathering of its crops thru
the servient estate w/o a
permanent way
Art. 649. - The owner, or any person who by virtue of a real
right may cultivate or use any immovable, which is surrounded indemnity shall consist of:
indemnity shall consist in:

by other immovables pertaining to other persons and without value of land occupied + amount payment of the damage caused
adequate outlet to a public highway, is entitled to demand a of damage caused to servient by such encumbrance
right of way through the neighboring estates, after payment of estate
the proper indemnity.
Should this easement be established in such a manner that its
use may be continuous for all the needs of the dominant Special Rules
estate, establishing a permanent passage, the indemnity shall
consist of the value of the land occupied and the amount of the Art. 652. - Whenever a piece of land acquired by sale,
damage caused to the servient estate. exchange or partition, is surrounded by other estates of the
In case the right of way is limited to the necessary passage for vendor, exchanger, or co-owner, he shall be obliged to grant a
the cultivation of the estate surrounded by others and for the right of way without indemnity.
gathering of its crops through the servient estate without a In case of a simple donation, the donor shall be indemni ed by
permanent way, the indemnity shall consist in the payment of the donee for the establishment of the right of way
the damage caused by such encumbrance.
This easement is not compulsory if the isolation of the Art. 653. - In the case of the preceding article, if it is the land of
immovable is due to the proprietor’s own acts. the grantor that becomes isolated, he may demand a right of
way after paying an indemnity. However, the donor shall not be
REQUISITES liable for indemnity.

Dominant Estate surrounded by Other Immovables Established at Point least Prejudicial to Servient Estate

• the immovables belonging to other persons Art. 650. - The easement of right of way shall be established at
the point least prejudicial to the servient estate, and, insofar as
Dominant Estate w/o Adequate Outlet to Public Highway consistent with this rule, where the distance from the dominant
estate to a public highway may be the shortest.
• right of way is not justi ed if there is an existing adequate
outlet, even though it is a longer route, or inconvenient due • “least prejudicial” > “shortest distance”
to being muddy, grassy or prone to ooding
• but dominant estate need not be totally landlocked (if there is WIDTH
a passageway, but it consists of an inaccessible slope or a
dangerous precipice, right of way is properly justi ed) Art. 651. - The width of the easement of right of way shall be
that which is su cient for the needs of the dominant estate,
Note: and may accordingly be changed from time to time.
• what is important to consider is w/n a right of way is
necessary to ll a reasonable need therefor by the owner REPAIRS AND TAXES

Isolation of Dominant Estate is not Due to Proprietor’s Acts Art. 654. - If the right of way is permanent, the necessary
repairs shall be made by the owner of the dominant estate. A
Art. 649, par. 4. - supra. proportionate share of the taxes shall be reimbursed by said
owner to the proprietor of the servient estate.
• otherwise, easement is not compulsory
• thus right of way cannot be demanded by owner who erects EXTINGUISHMENT
a wall blocking the passage or builds houses in the area
allotted for pathway or fails to develop existing provision for Art. 655. - If If the right of way granted to a surrounded estate
an access road in the subdivision development plan ceases to be necessary because its owner has joined it to
another abutting on a public road, the owner of the servient
Owner of Dominant Estate must pay Indemnity estate may demand that the easement be extinguished,
returning what he may have received by way of indemnity. The
• complaint to establish or con rm the easement must seek the interest on the indemnity shall be deemed to be in payment of
xing of the amount of indemnity, to establish plainti ’s rent for the use of the easement.
willingness to pay the same The same rule shall be applied in case a new road is opened
giving access to the isolated estate.
In both cases, the public highway must substantially meet the
needs of the dominant estate in order that the easement may
be extinguished.

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 Property -CivRev
When No longer Necessary
• because its owner has joined it to another abutting on a
public road
• because a new road is opened giving access to the isolated
estate
Note:
• N/A to voluntary easement of right of way, w/c may continue
to exist (per terms of contract/deed creating it) even if it is no
longer necessary
Return of Indemnity
• interest deemed to be in payment of rent for use of easement
• indemnity to be returned refers to the value of the land (in
case of easements w/ permanent pathway), as the indemnity
for damage need not be returned because the damage had
already been su ered
OTHER FORMS
For Construction
Art. 656. - If it be indispensable for the construction, repair,
improvement, alteration or beauti cation of a building, to carry
materials through the estate of another, or to raise therein
sca olding 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.
Passage of Livestock; Those for Watering Places
Art. 657. - 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.
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.
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.
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EASEMENT OF PARTY WALL
NATURE
• walls, fences, hedges, ditches and drains shared by 2 estates
that cannot be divided
• case of forced indecision (each owner owns his respective
half of the wall, w/ halves inseparable)
GOVERNING LAW
Art. 658. - The easement of party wall shall be governed by the
provisions of this Title, by the local ordinances and customs
insofar as they do not con ict with the same, and by the rules
of co-ownership.
PRESUMPTION
Art. 659. - The existence of an easement of party wall is
presumed, unless there is a title, or exterior sign, or proof to the
contrary:
(1) In dividing walls of adjoining buildings up to the point of
common elevation;
(2) In dividing walls of gardens or yards situated in cities,
towns, or in rural communities;
(3) In fences, walls and live hedges dividing rural lands.
Art. 661. - Ditches  or drains opened between two estates are
also presumed as common to both, if there is no title or sign
showing the contrary.
XPNs to Presumption
• title
• exterior sign
• proof to the contrary
Exterior Sign
Art. 660. - It is understood that there is an exterior sign,
contrary to the easement of party wall:
(1) Whenever in the dividing wall of buildings there is a window
or opening;
(2) Whenever the dividing wall is, on one side, straight and
plumb on all its facement, and on the other, it has similar
conditions on the upper part, but the lower part slants or
projects outward;
(3) Whenever the entire wall is built within the boundaries of
one of the estates;
(4) Whenever the dividing wall bears the burden of the binding
beams, oors and roof frame of one of the buildings, but
not those of the others;
(5) Whenever the dividing wall between courtyards, gardens,
and tenements is constructed in such a way that the coping
sheds the water upon only one of the estates;
(6) Whenever the dividing wall, being built of masonry, has
stepping stones, which at certain intervals project from the
surface on one side only, but not on the other;
(7) Whenever lands inclosed by fences or live hedges adjoin
others which are not inclosed.
In all these cases, the ownership of the walls, fences or hedges
shall be deemed to belong exclusively to the owner of the
property or tenement which has in its favor the presumption
based on any one of these signs.

 Property -CivRev

Exterior Sign in Favor of Both
Parties
wall is considered party wall
ex:
(i) buttresses on both sides
Opening a Window
Exterior Signs in Favor of Both
Parties and They contradict
Art. 667. - No part-owner may, without the consent of the
Each Other
others, open through the party wall any window or aperture of
court will decide who owns wall,
any kind.
depending on w/c signs are
more important and • because opening a window thru a party wall would use the
preponderant entire thickness o the latter (act of co-ownership contrary to
the rule that the part-owner may use the wall only in
proportion to his interest)

(ii) structures on both sides

using wall for support

DITCHES OR DRAINS

Art. 661. - supra.

RIGHTS AND OBLIGATIONS

Right to Use

Art. 666. - Every part-owner of a party wall may use it in

proportion to the right he may have in the co-ownership,
without interfering with the common and respective uses by the
other co-owners.

• thus a co-owner may rest buildings on the party wall or insert

beams into it up to 1/d of the wall’s thickness

Repairs and Maintenance

Art. 662. - The cost of repairs and construction of party walls

and the maintenance of fences, live hedges, ditches, and
drains owned in common, shall be borne by all the owners of
the lands or tenements having the party wall in their favor, in
proportion to the right of each.
Nevertheless, any owner may exempt himself from contributing
to this charge by renouncing his part-ownership, except when
the party wall supports a building belonging to him.

Art. 663. - If the owner of a building supported by a party wall

desires to demolish the building, he may also renounce his
part-ownership of the wall, but the cost of all repairs and work
necessary to prevent any damage which the demolition may
cause to the party wall, on this occasion only, shall be borne by
him.

Right to Increase Height

Art. 664. - Every owner may increase the height of the party
wall, doing so at his own expense and paying for any damage
which may be caused by the work, even though such damage
be temporary.
The expenses of maintaining the wall in the part newly raised
or deepened at its foundation shall also be paid for by him;
and, in addition, the indemnity for the increased expenses
which may be necessary for the preservation of the party wall
by reason of the greater height or depth which has been given
it.
If the party wall cannot bear the increased height, the owner
desiring to raise it shall be obliged to reconstruct it at his own
expense and, if for this purpose it be necessary to make it
thicker, he shall give the space required from his own land.

Art. 665. - The other owners who have not contributed in

giving increased height, depth or thickness to the wall may,
nevertheless, acquire the right of part-ownership therein, by
paying proportionally the value of the work at the time of the
acquisition and of the land used for its increased thickness.

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 Property -CivRev

EASEMENT OF LIGHT AND VIEW If Required Distances are not observed, only Small Openings
for Light (Regulation Windows) are allowed
• owner of immovable is naturally interested in obtaining/
preserving light and view for his property Art. 669. - When the distances in article 670 are not observed,
• this may be done by making openings in walls or preventing the owner of a wall which is not party wall, adjoining a
the neighbors from blocking the light and view tenement or piece of land belonging to another, can make in it
• but this may con ict w/ rights of neighbors, since (i) openings openings to admit light at the height of the ceiling joists or
may a ect the privacy or security of his neighbors and (ii) immediately under the ceiling, and of the size of thirty
preventing blockings would impair his neighbors’ right to centimeters square, and, in every case, with an iron grating
build on their own properties imbedded in the wall and with a wire screen.
Nevertheless, the owner of the tenement or property adjoining
OPENINGS THRU PARTY WALL the wall in which the openings are made can close them should
he acquire part-ownership thereof, if there be no stipulation to
Art. 667. - supra. the contrary.
He can also obstruct them by constructing a building on his
OPENINGS THRU ANY OTHER WALL land or by raising a wall thereon contiguous to that having such
openings, unless an easement of light has been acquired.
• as a rule, an owner of an immovable may make openings in
his own property, as this is just an exercise of a right of Features of Openings
ownership

Limitations Dimension Features

No Openings unless required Distances are observed Height at ceiling joints or immediately
under the ceiling

Art. 670. - No windows, apertures, balconies, or other similar

projections which a ord a direct view upon or towards an (openings may be made on each
adjoining land or tenement can be made, without leaving a story or oor)
distance of two meters between the wall in which they are
Size 30 centimeters square
made and such contiguous property.
Neither can side or oblique views upon or towards such
conterminous property be had, unless there be a distance of Materials w/ an iron grating imbedded in
sixty centimeters. the wall and w/ a wire screen
The non-observance of these distances does not give rise to
prescription.
When Required Distances are not observed, and Openings
Art. 671. - The distances referred to in the preceding article do not comply w/ Limitations, the Neighboring Owner may
shall be measured in cases of direct views from the outer line compel Closure of Said Windows or Compliance w/
of the wall when the openings do not project, from the outer Limitations
line of the latter when they do, and in cases of oblique view
from the dividing line between the two properties. • however, such action to compel closure/compliance may
prescribe in 10 years
Required Distances • but this does not mean that party who made the illegal
openings has already acquired an easement of light and
view, in absence of a formal prohibition on his neighbor
Direct View Side/Oblique View • it merely means that his neighbor can no longer sue him to
compel closure or compliance
distance must be at least 2 m distance must be at least 60 cm • but his neighbor is not prevented from building higher and
blocking his light and view

measured from outer line of the measured from the dividing line ALTIUS NON TOLLENDI (NOT TO BUILD HIGHER)
wall when the openings do not bet. 2 properties
project, or from the outer line of
the latter when they do • as a rule, any owner of an immovable may build thereon up to
any height, even if such building will block the windows or
the light and view of his neighbor (in same way that his
Exception neighbor can make openings in his own property)
• however there may be instances when owner of an
Art. 672. - The provisions of article 670 are not applicable to immovable is prevented from building higher than the
buildings separated by a public way or alley, which is not less openings in the neighboring estate and thereby blocking the
than three meters wide, subject to special regulations and local same
ordinances. • in such instances, there is an easement of ANT, w/c obliges
the owner of the servient estate to refrain from building
higher and blocking the light and view of the dominant estate
• if owner of servient estate wishes to build higher, he must
maintain a distance of at least 3 meters from the boundary
line
• take note of distances in article 673

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Title
• term “any title” is used in 673 in the generic sense
• easement can arise by title proper (e.g., if the owner of the
servient estate contractually stipulates that he will refrain
from building higher, or if article 624 is applied) or by
prescription (if owner of servient estate is formally prohibited
from building higher, and su cient time elapses)
Distance
• distance is measured in manner provided in article 671
• stipulation for a shorter distance than those prescribed in 670
is void
PRESCRIPTION
Art. 668. - The period of prescription for the acquisition of an
easement of light and view shall be counted:
(1) From the time of the opening of the window, if it is through
a party wall; or
(2) From the time of the formal prohibition upon the proprietor
of the adjoining land or tenement, if the window is through
a wall on the dominant estate.
• formal prohibition is also required for easement of direct
view, since it is a negative easement
• formal prohibition refers to instrument acknowledged before
a notary public, forbidding the owner of the servient estate
from executing an act w/c would be lawful w/o easement
Mere Non-Observance of Required Distance does not give
rise to Prescription
• mere opening of window thru wall on building does not
create easement, no matter how long it has been (owner of
building merely exercises his right to use his property)
• meanwhile, owner of neighboring estate merely tolerates
such opening and may block it any time by building higher
• easement arises only when the owner (who rst opened the
window) formally prohibits his neighbors from building higher,
and su cient time lapses
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DRAINAGE OF BUILDINGS
RECEIVING RAINFALL
Art. 674. - The owner of a building shall be 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. 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.
EASEMENT OF DRAINAGE
Art. 676. - Whenever the yard or court of a house is
surrounded by other houses, and it is not possible to give an
outlet through the house itself to the rain water collected
thereon, the establishment of an easement of drainage can be
demanded, giving an outlet to the water at the point of the
contiguous lands or tenements where its egress may be
easiest, and establishing a conduit for the drainage in such
manner as to cause the least damage to the servient estate,
after payment of the proper indemnity.
Requisites
• dominant estate is surrounded by outer houses, and it is not
possible to give an outlet thru house itself to the rain water
collected thereon
• drainage must be at the point of the contiguous lands or
tenements where water’s egress may be easiest
• conduit for drainage must be established in such manner as
to cause the least damage to servient estate
• owner of dominant estate pays proper indemnity
Compliance
Art. 675. - The owner of a tenement or a piece of land, subject
to the easement of receiving water falling from roofs, may build
in such manner as to receive the water upon his own roof or
give it another outlet in accordance with local ordinances or
customs, and in such a way as not to cause any nuisance or
damage whatever to the dominant estate.

 Property -CivRev

INTERMEDIATE DISTANCES AND WORKS FOR CERTAIN LATERAL AND SUBJACENT SUPPORT
CONSTRUCTIONS AND PLANTINGS
Art. 684. - No proprietor shall make such excavations upon his
NEAR FORTRESSES land as to deprive any adjacent land or building of su cient
lateral or subjacent support.
Art. 677. - No constructions can be built or plantings made near
forti ed places or fortresses without compliance with the Art. 685. - Any stipulation or testamentary provision allowing
conditions required in special laws, ordinances, and regulations excavations that cause danger to an adjacent land or building
relating thereto. shall be void.

DANGEROUS OR NOXIOUS CONSTRUCTIONS
Art. 678. - No person shall build any aqueduct, well, sewer,
furnace, forge, chimney, stable, depository of corrosive
substances, machinery, or factory which by reason of its nature
or products is dangerous or noxious, without observing the
distances prescribed by the regulations and customs of the
place, and without making the necessary protective works,
subject, in regard to the manner thereof, to the conditions
prescribed by such regulations. These prohibitions cannot be
altered or renounced by stipulation on the part of the adjoining
proprietors.
In the absence of regulations, such precautions shall be taken
as may be considered necessary, in order to avoid any damage
to the neighboring lands or tenements.
TREES
Art. 686. - The legal easement of lateral and subjacent support
is not only for buildings standing at the time the excavations
are made but also for constructions that may be erected.
Art. 687. - Any proprietor intending to make any excavation
contemplated in the three preceding articles shall notify all
owners of adjacent lands.
ANNOTATION NOT NECESSARY
• re existence of such easement
• exists w/n it is annotated/registered in registry of property
• judicial recognition of same already binds the property and
owner of the same, including her successors-in-interest
• otherwise, every adjoining landowner would come to court or
have the easement of subjacent and lateral support
registered in order for it to be recognized and respected

Art. 679. - 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, and, in the absence
thereof, at a distance of at least two meters from the dividing
line of the estates if tall trees are planted and at a distance of at
least fty centimeters if shrubs or small trees are planted.
Every landowner shall have the right to demand that trees
hereafter planted at a shorter distance from his land or
tenement be uprooted.
The provisions of this article also apply to trees which have
grown spontaneously.

RIGHTS OF OWNER OF NEIGHBORING LAND

Art. 680. - 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 o insofar
as they may spread over his property, and, if it be the roots of a
neighboring tree which should penetrate into the land of
another, the latter may cut them o himself within his property.

Art. 681. - Fruits naturally falling upon adjacent land belong to

the owner of said land.

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NUISANCE NUISANCE PER SE AND NUISANCE PER ACCIDENS

—————————————————————————————————
NUISANCE PER SE
OVERVIEW
DEFINITION
DEFINITION
• always nuisance for constituting a direct menace to public
Art. 694. - A nuisance is any act, omission, establishment, health or safety
business, condition of property, or anything else which: • for that reason it may be abated summarily under the
(1) Injures or endangers the health or safety of others; or unde ned law of necessity
(2) Annoys or o ends the senses; or
(3) Shocks, de es or disregards decency or morality; or RULE
(4) Obstructs or interferes with the free passage of any public
highway or street, or any body of water; or • may be abated by local ordinance or resolution
(5) Hinders or impairs the use of property.
EXAMPLE
• house constructed on a vacant barrio road is a nuisance per
se because any establishment that obstructs or interferes w/ • rabid dog loose
free passage of any public highway/street, or any body of • contaminated meat
water is a nuisance • lthy restaurants
• houses constructed on public streets and esteros
Note:
• law on nuisance is a restriction or limitation upon ownership NUISANCE PER ACCIDENS
and a manifestation of the principle that every person should
so use his property as not to cause damage or injury to DEFINITION
others (sic utere tuo ut alienum non laedas)
• being nuisance depends upon certain conditions and
CLASSIFICATION circumstances

According to Persons A ected RULE

Art. 695. - Nuisance is either public or private. A public • can only be abated by judicial proceedings since its
nuisance a ects a community or neighborhood or any existence is a question of fact
considerable number of persons, although the extent of the • business/establishment normally legit cannot be considered
annoyance, danger or damage upon individuals may be NPS, at most can only be considered NPA, depending on the
unequal. A private nuisance is one that is not included in the circumstances
foregoing de nition.
EXAMPLE

Public Private Mixed • storage of copra in quonset building

• operation of ice factory
may be considered included in de nition both public and • smoked sh factory
public, although of latter private in its e ects:
• dam or shpond constructed in navigable rivers
extent of annoyance, (i) public, because • gas station
danger or damage it injures many • terminals impending the ow of tra c
upon individuals persons or all the • motels
may be unequal community; and

(ii) private, in that it

also produces
special injures to
private rights

According to Nature

Nuisance Per Se Nuisance Per Accidens

nuisance under any and all depends upon certain

circumstances for constituting a conditions and circumstances
direct menace to public health/
safety

Attractive Nuisance

• anyone who maintains on his premises dangerous

instrumentalities or appliances of a character likely to attract
children in play, and who fails to exercise ordinary care to
prevent children from playing therewith or resorting thereto,
is liable to a child of tender years who is injured thereby,
even if the child is technically a trespasser in the premises

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LIABILITIES REMEDIES

Art. 696. - Every successive owner or possessor of property

who fails or refuses to abate a nuisance in that property started For Private Nuisances For Public Nuisances
by a former owner or possessor is liable therefor in the same
manner as the one who created it. (i) civil action
(i) prosecution

(ii) extrajudicial abatement (ii) civil action

(iii) extrajudicial abatement

Joint and Several Liability Proportionate Liability

AGAINST PUBLIC NUISANCE

for anyone who joined or if 2 or more persons acted
participated in the creation or entirely independently of one
maintenance of a nuisance another
Art. 699. - The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance;
or
Art. 697. - The abatement of a nuisance does not preclude the (2) A civil action; or
right of any person injured to recover damages for its past (3) Abatement, without judicial proceedings.
existence.
CRIMINAL PROSECUTION
Art. 698. - Lapse of time cannot legalize any nuisance, whether
public or private. (NO PRESCRIPTION) • under either RPC or any local ordinance
• for public nuisance
CREATOR OF NUISANCE
CIVIL ACTION
• liable for resulting damages
• such liability continues as long as the nuisance exists • need for judicial determination that such is a nuisance
• however, no one is to be held liable for nuisance w/c he • therefore NPA are contemplated
cannot himself physically abate w/o legal action against
another for that purpose SUMMARY ABATEMENT

TRANSFEREES • only NPS may be subject to such remedy

• in order for grantee of land to be held liable, he must Exercise by LGU

knowingly continue the nuisance
• moreover, he must be noti ed of the nuisance and requested • generally, LGUs are w/o authority to declare a particular thing
to remove it, or he has actual knowledge that such is a as a nuisance, unless it is one per se
nuisance and is injurious to the rights of the others
Under Police Power via Ordinance

• actually summary abatement (where purpose is prohibition)

• only valid if act or undertaking prohibited is in the nature of a
NPS

Examples:
• ordinance passed by Manila City Council prohibiting
operation of parlors, karaoke bars, dance halls, motels, inns
and cabarets and the like w/in the Malate-Ermita area is
unlawful because these establishments are not NPS
• mayors empowered to order closure and removal of illegally
constructed establishments for failing to secure the
necessary building permits, whether the building constituted
a NPS or NPA
• ordinance calling for creation of grand terminal within city
limits, that required closure of several other terminals, is
summary abatement and thus cannot be valid since terminals
are not NPS

STANDING

District Health O cer

Art. 700. - The district health o cer shall take care that one or
all of the remedies against a public nuisance are availed of.

Art. 702. - The district health o cer shall determine whether or

not abatement, without judicial proceedings, is the best remedy
against a public nuisance.

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City/Municipal Mayor

Art. 701. - 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.

• therefore is NOT authorized to determine the propriety of a

summary abatement

Private Person

Art. 703. - A private person may le an action on account of a

public nuisance, if it is specially injurious to himself.

Art. 704. - Any   private person may abate a public nuisance

which is specially injurious to him by removing, or if necessary,
by destroying the thing which constitutes the same, without
committing a breach of the peace, or doing unnecessary injury.
But it is necessary:
(1) That demand be rst 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
o cer and executed with the assistance of the local police;
and
(4) That the value of the destruction does not exceed three
thousand pesos.

Art. 707. - A private person or a public o cial extrajudicially

abating a nuisance shall be liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be
not a real nuisance.

AGAINST PRIVATE NUISANCE

Art. 705. - The remedies against a private nuisance are:

(1) A civil action; or
(2) Abatement, without judicial proceedings.

Art. 706. - Any person injured by a private nuisance may abate

it by removing, or if necessary, by destroying the thing which
constitutes the nuisance, without committing a breach of the
peace or doing unnecessary injury. However, it is indispensable
that the procedure for extrajudicial abatement of a public
nuisance by a private person be followed.

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MODES OF ACQUIRING AND TRANSMITTING TRADITION OR DELIVERY

OWNERSHIP MODE DISTINGUISHED FROM TITLE
—————————————————————————————————

MODES OF ACQUISITION Mode Title

SEVEN MODES legal means by w/c dominion or every juridical act, right, or
ownership is created, condition w/c gives a means to
Art. 712. - Ownership is acquired by occupation and by transferred, or destroyed, but the acquisition of ownership and
intellectual creation. title is only the legal basis by other real rights but w/c in itself
Ownership and other real rights over property are acquired and which to a ect dominion/ is insu cient to produce them
transmitted by law, by donation, by testate and intestate ownership
succession, and in consequence of certain contracts, by
tradition. CONTRACTS ONLY CREATE TITLE
They may also be acquired by means of prescription.
• whereas tradition/delivery, as a consequence, is what actually
ORIGINAL AND DERIVATIVE MODE transfers ownership

Original Derivative CONCEPT

De nition
when they result in the those w/c depend on the
independent creation of an ew existence of the right of another
right of ownership, independent person • mode of acquiring and transmitting ownership and other real
of the ownership of a de nite
rights
3rd person • transfer of possession accompanied by intention to transfer
ownership or other real rights
ex:
ex:

(i) occupation
(i) succession
Requisites
(ii) acquisitive prescription
(ii) donation

(iii) law
(iii) tradition
• pre-existence of right to be transmitted in estate of grantor,
(iv) intellectual creation the same being a derivative mode of acquiring ownership
• just cause or title for transmission (e.g., sale)
• intention on grantor’s part to grant, and on grantee’s part to
LAW AS MODE acquire
• capacity to transmit (on grantor’s part) and capacity to acquire
CONCEPT (on grantee’s part)
• act w/c gives its outward form, physically/symbolically/legally
• those special legal provisions w/c directly vest ownership or
real rights in favor of certain persons, independently of the Intention
other modes of acquiring and transmitting ownership or other
real rights • necessary in all forms, whether constructive or actual

EXAMPLES KINDS

Art. 681. - Fruits naturally falling upon adjacent land belong to Real
the owner of said land.
• physical/actual
Art. 1434. - When a person who is not the owner of a thing sells • when thing is placed in control and possession of grantee
or alienates and delivers it, and later the seller or grantor
acquires title thereto, such title passes by operation of law to If Movable
the buyer or grantee.
• when thing is transferred from hand to hand

If Immovable

• by certain material and possessory acts by grantee in

presence and w/ grantor’s consent

Constructive

• delivery may likewise exist even when change of possession

is not actual/material but represented by other signs/acts
indicative thereof, in w/c case the tradition is classi ed as a
constructive one

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 Property -CivRev

ACQUISITIVE PRESCRIPTION
Traditio Traditio Traditio Brevi Traditio
Simbolica Longa Manu Manu Constitutum
CONCEPT
Possessoriu
m
Art. 1106. - By prescription, one acquires ownership and other
by delivery of by grantor where grantee by mere
real rights through the lapse of time in the manner and under
symbols or simply already declaration by the conditions laid down by law.
things w/c rep pointing out to acquired transferor that In the same way, rights and actions are lost by prescription.
those to be grantee the actual control he will hold
delivered things being or possession, thing for REQUISITES
transferred, and a mere transferee
and w/c at the declaration Art. 1118. - Possession has to be in the concept of an owner,
time must be from grantor public, peaceful and uninterrupted.
w/in their sight that grantee
now holds it
as owner Open (Public)

• patent, visible, apparent, notorious and not clandestine

Quasi
Continuous (Uninterrupted)
• used to indicate the transfer of rights or incorporeal things
thru exercise of the rights by grantee w/ acquiescence of the • uninterrupted, unbroken, and not intermittent/occasional
grantor
Exclusive (Peaceful?)

• when adverse possessor can show exclusive dominion over

the land and an appropriation of it to his own use and bene t

In Concept of Owner

KINDS

Ordinary

Art. 1117. - Acquisitive prescription of dominion and other real

rights may be ordinary or extraordinary.

Art. 1131. - For the purposes of prescription, just title must be

proved; it is never presumed.

Extraordinary

Art. 1137. - Ownership and other real rights over immovables

also prescribe through uninterrupted adverse possession
thereof for thirty years, without need of title or of good faith.

PERIOD OF PRESCRIPTION

Movable

Art. 1132. - The ownership of movables prescribes through

uninterrupted possession for four years in good faith.
The ownership of personal property also prescribes through
uninterrupted possession for eight years, without need of any
other condition.
With regard to the right of the owner to recover personal
property lost or of which he has been illegally deprived, as well
as with respect to movables acquired in a public sale, fair, or
market, or from a merchant’s store the provisions of articles
559 and 1505 of this Code shall be observed.

Immovable

Art. 1137. - supra.

• 10 years (ordinary)
• 30 years (extraordinary)

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WHEN PRESCRIPTION DOES NOT LIE OCCUPATION

Registered land CONCEPT

• no title to registered land in derogation of that of the Art. 712. - Ownership is acquired by occupation and by
registered owner shall be acquired by prescription or by intellectual creation.
adverse possession Ownership and other real rights over property are acquired and
• while true that a Torrens title is indefeasible and transmitted by law, by donation, by testate and intestate
imprescriptible, the registered landowner may lose his right succession, and in consequence of certain contracts, by
to recover possession of his registered property by reason of tradition.
laches They may also be acquired by means of prescription.

Public Dominion • mode of acquiring ownership by seizure/apprehension of

things corporeal w/c have no owner, w/ the intention of
Art. 1113. - All things which are within the commerce of men are acquiring them and according to the rules laid down by law
susceptible of prescription, unless otherwise provided.
Property of the State or any of its subdivisions not patrimonial REQUISITES
in character shall not be the object of prescription.
Art 713. - Things appropriable by nature which are without an
• generally cannot be the object of prescription or, indeed, be owner, such as animals that are the object of hunting and
subject of the commerce of man shing, hidden treasure and abandoned movables, are
acquired by occupation.
Public Land with Patrimonial Character
Art. 714. - The ownership of a piece of land cannot be acquired
• serves as the XPN by occupation.
• susceptible to acquisitive prescription
Res Nullius
Trust
• thing w/c never had an owner; or
Art. 1440. - A person who establishes a trust is called the • thing w/c by virtue of a previous abandonment (dereliction)
trustor; one in whom con dence is reposed as regards has no owner at the time of its occupation
property for the bene t of another person is known as the
trustee; and the person for whose bene t the trust has been Appropriable by Nature
created is referred to as the bene ciary.
• can be seized or apprehended
Art. 1441. - Trusts are either express or implied. Express trusts • corporeal
are created by the intention of the trustor or of the parties.
Implied trusts come into being by operation of law. Brought into Actual Possession/Control

• trustee cannot acquire the property entrusted to him via • of the one professing to acquire it
acquisitive prescription
• but this rule only applies to express trusts Person acquires it w/ Intention to Acquire Ownership
• basis of rule is that trustee’s possession is NOT adverse
• must therefore have capacity to consent
Note:
• rule of imprescriptibility of action to recover property held in HUNTING/FISHING
trust may possibly apply to resulting trusts as long as the
trustee has not repudiated the trust Art. 715. - The right to hunt and to sh is regulated by special
laws.
When Acquisitive Prescription may bar Action of Bene ciary
against Trustee in an Express Trust for Recovery of the • this mode N/A to animals classi ed as rare, threatened, or
endangered
Property held in Trust
SWARM OF BEES
• trustee has performed unequivocal acts of repudiation
amounting to an ouster of the cestui que trust
Art. 716. - The owner of a swarm of bees shall have a right to
• such positive acts of repudiation have been made known to pursue them to another’s land, indemnifying the possessor of
the cestui que trust
the latter for the damage. If the owner has not pursued the
• evidence thereon is clear and conclusive swarm, or ceases to do so within two consecutive days, the
possessor of the land may occupy or retain the same. The
Following Relationship
owner of domesticated animals may also claim them within
twenty days to be counted from their occupation by another
Art. 1109. - Prescription does not run between husband and
person. This period having expired, they shall pertain to him
wife, even though there be a separation of property agreed
who has caught and kept them.
upon in the marriage settlements or by judicial decree.
Neither does prescription run between parents and children,
WILD AND DOMESTICATED OR TAMED ANIMALS
during the minority or insanity of the latter, and between
guardian and ward during the continuance of the guardianship.
Wild Animals

• those found in their state of natural freedom

• w/o owner (res nullius), thus ownership may be acquired by
occupation

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 Property -CivRev

• once they recover natural freedom or are restored to their Finder’s Failure to accomplish Rules
original state of being free, they cease to be under one’s
possession and will again become res nullius • liable for theft, when nder also appropriates the movable
property found for himself
Domesticated or Tamed Animals
When turned over to Mayor
Art. 560. - Wild animals are possessed only while they are
under one’s control; domesticated or tamed animals are • latter required to make public announcement of such nding
considered domestic or tame, if they retain the habit of for 2 consecutive weeks in manner deemed best
returning to the premises of the possessor. • if after 6 months, the owner does not appear, the thing or its
value shall be awarded to nder (w/ obligation to reimburse
• so long as they retain the habit of returning to the premises of the expenses incurred in publication)
the possessor, the ownership over these animals is not • after compliance, nder acquires ownership of thing
a ected by simple fact that they are no longer under control • but if owner appears on time, he shall then be obliged to pay
of present possessor-owner 1/10 of sum or price of thing found to nder (as a reward)
• possessor-owner of domesticated animals has 20 days, from
occupation by another person, w/in w/c to reclaim them
• if after 20 days the possessor-owner fails to reclaim, the
ownership over these animals is considered to have been
abandoned, and the animals become res nullius

HIDDEN TREASURE

Art. 438. - Hidden treasure belongs to the owner of the land,

building, or other property on which it is found.
Nevertheless, when the discovery is made on the property of
another, or of the State or any of its subdivisions, and by
chance, one-half thereof shall be allowed to the nder. If the
nder is a trespasser, he shall not be entitled to any share of
the treasure.
If the things found be of interest to science or the arts, the
State may acquire them at their just price, which shall be
divided in conformity with the rule stated.

Art. 439. - By treasure is understood, for legal purposes, any

hidden and unknown deposit of money, jewelry, or other
precious objects, the lawful ownership of which does not
appear.

ABANDONED AND LOST MOVABLES

Abandoned

• when the hope of recovery (spes recuperandi) is gone, and

the intent to recover (animus revertendi)
• becomes res nullius and may be acquired by occupation

Lost

Art. 719. - Whoever nds a movable, which is not treasure, must

return it to its previous possessor. If the latter is unknown, the
nder shall immediately deposit it with the mayor of the city or
municipality where the nding has taken place.
The nding shall be publicly announced by the mayor for two
consecutive weeks in the way he deems best.
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.
Six months from the publication having elapsed without the
owner having appeared, the thing found, or its value, shall be
awarded to the nder. The nder and the owner shall be
obliged, as the case may be, to reimburse the expenses.

• property not abandoned but now under another person’s

control
• nder, far from becoming owner of thing found, is bound to
return the thing to its previous owner (if known)
• nder may also deposit the same w/ mayor of city/
municipality where nding took place (when owner unknown)

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 Property -CivRev

DONATION Determination of Nature of Donation

CONCEPT • determination of whether donor intended to transfer

ownership of properties upon execution of deed
Art. 725. - Donation is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another, who
accepts it. Inter Vivos Mortis Causa

• gratuitous contract donor intended to transfer donor intended to for the

• donor divests himself (at present and irrevocably) of thing ownership upon donation's donation to take e ect after
given execution death
• in favor of donee
Donation Inter Vivos
REQUISITES

• essential reduction of donor’s patrimony Pure/Simple

• increase in donee’s patrimony
• intent to do an act of liberality (animus donandi) • underlying cause is pure liberality/plain gratuity

Rules on Animus Donandi (Donative Intent) Remuneratory/Compensatory

• presumed present when one gives a part of one’s patrimony Art. 726. - When a person gives to another a thing or right on
to another w/o consideration account of the latter’s merits or of the services rendered by him
• not negated when person donating has other intentions that to the donor, provided they do not constitute a demandable
do not contradict donative intent debt, or when the gift imposes upon the donee a burden which
• the intent must be e ectively carried out, so a mere is less than the value of the thing given, there is also a
declaration of intention or desire to donate is not donation donation.

MODE OF ACQUISITION • made for purpose of rewarding donee for past services w/c
do not amount to a demandable debt
• need not be completed by tradition, as donation is not a
contract that requires delivery Conditional/Modal

CLASSIFICATIONS • made in consideration of future services

• or where donor imposes certain conditions, limitations, or
charges upon donee (value of w/c is inferior than that of the
Donation Inter Vivos Donation Mortis Causa donation given)

takes e ect during donor’s takes e ect only upon donor’s Onerous
lifetime, or independently of death, or when full/naked
donor’s death ownership passes to donee Art. 733. - Donations with an onerous cause shall be governed
because of donor’s death by the rules on contracts and remuneratory donations by the
provisions of the present Title as regards that portion which
exceeds the value of the burden imposed.
Donation Mortis Causa
• considered most distinct
Concept
• validity of and rights and obligations of parties involved here
are completely governed by law on contracts
• technically a devise (real property) or legacy (personal
property)
Governing Law
Formalities
Simple and Onerous Conditional/Modal
• of testamentary provision Remuneratory
• must be executed in accordance w/ reqs on solemnities of
wills and testaments governed by law on completely rules of contract
• otherwise, donation is void and of no e ect donations governed by law on govern the onerous
contracts portion of donation
• unless and until donation is probated, i.e., proved and
allowed in the proper court, no right to the subject property
as to formalities:
as to formalities, it is rules of donation
has been transmitted to the donee (i) article 748; and
obligations in only apply to the
(ii) article 749 whatever form it excess, if any
Characteristics may have been
entered into
• conveys no title/ownership to transferee before transferor’s
death (thus transferor retains full or naked ownership + as to e ect of as to e ect of
control of property during life) impossible condition impossible condition
the condition is only the donation
• transfer, prior to donor’s death, is revocable by transferor at considered not becomes void
will (ad nutuum - but, revocability may be provided for imposed while
indirectly by means of a reserved power in the donor to donation remains
dispose of properties conveyed) valid
• transfer is void should transferor survive transferee

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PERFECTION, CAPACITY OF PARTIES, AND FORMALITIES • donations bet. spouses during marriage, whether donation be
made directly or indirectly, except moderate ones given on
E ects of Perfection occasion of any family rejoicing
• donations bet. those living together as husband and wife w/o
• donee becomes absolute owner of property donated a valid marriage, whether donation be made directly/
• generally irrevocable indirectly

When Acceptance must be made Notes:

• in the rst prohibition, no previous criminal conviction is
Art. 1323. - An o er becomes ine ective upon the death, civil necessary
interdiction, insanity, or insolvency of either party before • in the second prohibition, a previous criminal conviction is
acceptance is conveyed. necessary

• thus, must be done during donor’s lifetime Formalities in Donations

Capacity of Donor *ALAM NO NA DAPAT YUNG MGA ITO…*

Requisites REDUCTION AND REVOCATION

Art. 735. - All persons who may contract and dispose of their Extent of Donation
property may make a donation.
Donor cannot donate > What He can give by Will
Art. 739. - The following donations shall be void:
(1) Those made between persons who were guilty of adultery Art. 752. - The provisions of article 750 notwithstanding, no
or concubinage at the time of the donation; person may give or receive, by way of donation, more than he
(2) Those made between persons found guilty of the same may give or receive by will.
criminal o ense, in consideration thereof; The donation shall be ino cious in all that it may exceed this
(3) Those made to a public o cer or his wife, descendants and limitation.
ascendants, by reason of his o ce.
In the case referred to in No. 1, the action for declaration of Art. 771. - Donations which in accordance with the provisions of
nullity may be brought by the spouse of the donor or donee; article 752, are ino cious, bearing in mind the estimated net
and the guilt of the donor and donee may be proved by value of the donor’s property at the time of his death, shall be
preponderance of evidence in the same action. reduced with regard to the excess; but this reduction shall not
prevent the donations from taking e ect during the life of the
• donor in possession of capacity to contract donor, nor shall it bar the donee from appropriating the fruits.
• donor w/ capacity to dispose property For the reduction of donations the provisions of this Chapter
• donor not speci cally prohibited from making donation and of articles 911 and 912 of this Code shall govern.

Cannot donate Future Property • or must not impair legitimes

• if he does, then much of what’s donated as exceeds what he
• law requires that donor be the owner of the property donated can give by will is “in o cious” and donation is reducible to
at the time of donation the extent of such excess
• otherwise, such donation is void, even if accepted, following
the rule nemo dat quod non habet Donor must reserve Su cient Means for Support

Reckoning Period of Donor’s Capacity Art. 750. - The donation may comprehend all the present
property of the donor, or part thereof, provided he reserves, in
Art. 737. - The donor’s capacity shall be determined as of the full ownership or in usufruct, su cient means for the support of
time of the making of the donation. himself, and of all relatives who, at the time of the acceptance
of the donation, are by law entitled to be supported by the
Double Donation donor. Without such reservation, the donation shall be reduced
in petition of any person a ected.
• not legally possible in this jurisdiction (since donation is a
mode of acquiring ownership) Generally Irrevocable; XPNs

Capacity of Donee Subsequent Appearance of Child

Mere Juridical Capacity Art. 760. - Every donation inter vivos, made by a person having
no children or descendants, legitimate or legitimated by
• already su cient subsequent marriage, or illegitimate, may be revoked or
reduced as provided in the next article, by the happening of
Prohibited Donations any of these events:
(1) If the donor, after the donation, should have legitimate or
legitimated or illegitimate children, even though they be
• donations bet. those who were guilty of adultery/
posthumous;
concubinage at time of donation
(2) If the child of the donor, whom the latter believed to be
• donations bet. those who were found guilty of the same
dead when he made the donation, should turn out to be
criminal o ense, if donation is made in consideration thereof
living;
• those made to public o cers or their spouses, descendants,
(3) If the donor should subsequently adopt a minor child.
and ascendants, if donation is made by reason of their o ce
• donations made to those incapacitated to succeed by will

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Requisites Extent of Revocation/Reduction

• when donor made donation, he was w/o child • in determining w/n donation is in o cious, recourse must be
• after donation, he had a child (includes one believed dead had the rules established by NCC for determination of
but turned out to be alive) legitime, and (by extension) of the disposable portion, taking
into consideration the estimated net value of donor’s
Extent of Revocation property at time of death

• computed at time of child’s appearance Who may Revoke

• then donation shall be correspondingly reduced or revoked
to extent that provisional legitime of child, at that time, has Art. 772. - Only those who at the time of the donor’s death
been impaired have a right to the legitime and their heirs and successors in
interest may ask for the reduction or ino cious donations.
Prescriptive Period Those referred to in the preceding paragraph cannot renounce
their right during the lifetime of the donor, either by express
Art. 763. - The action for revocation or reduction on the declaration, or by consenting to the donation.
grounds set forth in article 760 shall prescribe after four years The donees, devisees and legatees, who are not entitled to the
from the birth of the rst child, or from his legitimation, legitime and the creditors of the deceased can neither ask for
recognition or adoption, or from the judicial declaration of the reduction nor avail themselves thereof.
liation, or from the time information was received regarding
the existence of the child believed dead. Prescriptive Period
This action cannot be renounced, and is transmitted, upon the
death of the donor, to his legitimate and illegitimate children • action prescribes in 10 years
and descendants.
Failure to comply w/ Conditions
Non-Ful llment of Charges Imposed
Meaning of Condition
Art. 764. - The donation shall be revoked at the instance of the
donor, when the donee fails to comply with any of the • obligations/charges imposed by donor on donee, making the
conditions which the former imposed upon the latter. donation onerous
In this case, the property donated shall be returned to the
donor, the alienations made by the donee and the mortgages Prescriptive Period
imposed thereon by him being void, with the limitations
established, with regard to third persons, by the Mortgage Law • 10 years from time w/in w/c donee must comply w/ conditions
and the Land Registration laws. or obligations of donation
This action shall prescribe after four years from the • accrual of cause of action is from expiration of time w/in w/c
noncompliance with the condition, may be transmitted to the donee must comply w/ donation’s obligations or conditions
heirs of the donor, and may be exercised against the donee’s
heirs. Value of Article 1197

Acts of Ingratitude Art. 1197. - If the obligation does not x a period, but from its
nature and the circumstances it can be inferred that a period
Instances was intended, the courts may x the duration thereof.
The courts shall also x the duration of the period when it
Art. 765. - The donation may also be revoked at the instance of depends upon the will of the debtor.
the donor, by reason of ingratitude in the following cases: In every case, the courts shall determine such period as may
(1) If the donee should commit some o ense against the under the circumstances have been probably contemplated by
person, the honor or the property of the donor, or of his the parties. Once xed by the courts, the period cannot be
wife or children under his parental authority; changed by them.
(2) If the donee imputes to the donor any criminal o ense, or
any act involving moral turpitude, even though he should • where donee is burdened w/ obligation to utilize land
prove it, unless the crime or the act has been committed donated for school purposes, a period (from the nature and
against the donee himself, his wife or children under his circumstances of the condition of the subject donation) is
authority; contemplated by donors, except that if no period was xed in
(3) If he unduly refuses him support when the donee is legally the donation, resort to 1197 is necessary
or morally bound to give support to the donor. • but resort to 1197 will no longer be applicable when >
reasonable period has already been allowed to donee to
Prescriptive Period avail of opportunity to comply w/ condition, even if it be
burdensome, to make donation in its favor forever valid, but
Art. 769. - The action granted to the donor by reason of donee still failed to do so
ingratitude cannot be renounced in advance. This action
prescribes within one year, to be counted from the time the When Donation provides for Automatic Revocation
donor had knowledge of the fact and it was possible for him to
bring the action. • in case of failure to comply w/ condition imposed
• valid
Ino cious Donations • judicial nding that revocation is proper is necessary, only
when the other party actually goes to court for the speci c
Concept purpose of challenging the propriety of the revocation

• exceeds what donor may give by will

• prejudices legitimes of donor’s compulsory heirs

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