ACCESSION

Accession
Accession is the right of an owner of a thing to the products of said thing as well as to
whatever is inseparably attached thereto as an accessory.
It presupposes a previously existing ownership by the owner over the principal as an
incident or an attribute of ownership. It is therefore not a mode of acquiring ownership
but a right included in ownership.

Kinds of accession
1) Accession discreta: the right of the owner to anything which is produced by his
property.
a) Natural fruits: are the spontaneous products of the soil and the young and other
products of animals.
 Perennial crops growing per season without the need of replanting
are natural fruits. They are deemed to exist only when they actually
appear on the trees.
 The young of animals are already considered existing even if they
are still in the maternal womb.
b) Industrial fruits: produced by lands of any kind through cultivation or labor.
 Annual crops planted each year are industrial fruits. They are
deemed manifest or existing the moment their seedlings appear from
the ground.
c) Civil fruits: rent of buildings, price of leases, and the amount of perpetual or life
annuities or other similar income.
 Bonus to planters for the risk undergone in mortgaging property is not a
civil fruit of the mortgaged property having no immediate relation to the
property but only a remote and accidental relation, not derived from the
land nor based on the value thereof.
2) Accession continua: the right of the owner to anything which is incorporated or
attached to his property, whether such attachment is through natural or artificial
causes.
a) Immovable property:
(1) Industrial: building, planting or sowing.
(2) Natural: alluvium, avulsion, change of course of rivers, formation of islands.
b) Movable property:
(1) Adjunction or conjunction
(a) Engraftment
(b) Attachment
(c) Weaving
(d) Painting
 (e) Writing
(2) Commixtion or confusion: mixture of two or more things belonging to
different owners.
(3) Specification: takes place whenever the work of a person is done on the
material of another, such material, in consequence of the work itself,
undergoing transformation.

GR: The owner of the principal owns the natural, industrial, and civil fruits.
XPNs:
(1) Usufruct: usufructuary is entitled not only to the enjoyment of the property but
also to its fruits.
(2) Lease of rural lands: lessee is entitled to natural and industrial fruits of the thing
leased while lessor is entitled to civil fruits.
(3) Antichresis: creditor acquires the right to receive the fruits of an immovable of
his debtor with the obligation to apply them to the payment of the interest.
(4) Possession in good faith: possessor in good faith is entitled to the fruits
received by him before his possession is legally interrupted.
(5) Fruits naturally falling: fruits naturally falling upon adjacent land belong to the
owner of said land and not the owner of the tree.

Partus sequitur ventrem

The offspring follows the mother. The owner of the mother owns the offspring.

Recognition of existence of the fruits

With respect to natural and industrial fruits, only those manifest or born are considered
as such. In relation to the offspring or young of animals, they are deemed existing at the
beginning of the maximum period of gestation.
In the case of plants which produce only a single crop and then perish, they are deemed
manifest or existing from the time the seedlings appear on the ground, without waiting
for the grains to appear.

Production expenses (Art. 443)

If the property was previously in the possession of a possessor in bad faith and the
latter incurred expenses in connection with the production, gathering, and preservation
of the fruits but subsequently the owner recovered possession of the property and the
possessor turned over to the owner such fruits he already gathered, then the recipient
of the fruits has the obligation to pay the expenses made by a third person in their
production, gathering, and preservation.

Accession continua (industrial)

It involves the union of two or more things belonging to different owners in such a
manner that they cannot be separated from each other or from one another without
causing a substantial injury to any of the things involved.

GR: 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.
GR: All works, sowing, and planting are presumed made by the owner and at his
expense, unless the contrary is proved.

Principles governing accession continua

1. The union or attachment or incorporation of two or more things belonging to
different owners to each other or to one another must be such that they cannot
be separated from each other or from one another without causing a substantial
physical or juridical injury to any one, to some, or to all of the things involved. If
separation is indeed possible without injury, there is no accession continua.
2. The accessory follows the principal (accesio cedit principali). The owner of the
principal thing has the right to claim ownership of the accessory thing and not
vice versa.
3. No unjust enrichment at the expense of another.
4. Good faith exonerates a person from punitive liability and damages.
5. Bad faith subjects a person to damages and other unfavorable consequences.
6. Bad faith of one party neutralizes the bad faith of the other and both are
considered as having acted in good faith.

Forms of industrial accession

1. Building: all architectural work with roof, built for the purpose of being used as
man’s dwelling or for offices, clubs, theaters, etc.
2. Planting and sowing: planting refers to trees, big or small while sowing refers to
crops and plants caused by the scattering or strewing of seeds upon the soil.

Good faith
A person who is not aware that there exists in his title or mode of acquisition any flaw
which invalidates it. Good faith is always presumed, and upon him who alleges bad faith
rests the burden of proof.

Bad faith
A person who is aware that there exists in his title or mode of acquisition any flaw which
invalidates it.

Art. 447
Rights and obligations of the landowner who uses the materials of another.
1. If the landowner acted in good faith: He becomes the owner of the materials
but he must pay for their value. The only exception is when they can be removed
without destruction to the work made or to the plants.
2. If the landowner acted in bad faith: He comes the owner of the materials, but
he must pay their value and damages. The exception is when the owner of the
materials decides to remove them whether or not destruction would be caused.
In this case, the materials would still belong to the owner of the said materials,
who in addition will still be entitled to damages.

Rights and obligations of the owner of the materials

1. If the landowner acted in good faith: The owner of the materials is entitled to
reimbursement, provided he does not remove them. He is also entitled to
removal, provided no substantial injury is caused.
2. If the landowner acted in bad faith: The owner of the materials is entitled to
absolute right of removal and damages whether or not substantial injury is
caused. He is also entitled to reimbursement and damages in case he chooses
not to remove.

When landowner is in good faith but owner of materials is in bad faith

The landowner would not only be exempted from reimbursement, but he would also be
entitled to consequential damages.
The owner of the materials would lose all rights to them, such as the right of removal,
regardless of whether or not substantial injury would be caused.
Art. 448
When on the land of a person in good faith, another BPS in bad faith
The landowner has the right to appropriate whatever is BPS for himself upon payment
of the proper indemnity or to compel the builder or planter to buy whatever was built or
planted and the one who owed to pay the proper rent.
Since the choice given the landowner is confined to either an appropriation of the house
or to a compulsory selling of the land, he has no right of removal or demolition
unless after having selected a compulsory sale, the builder fails to pay for the land.

Rights of landowner before he makes the choice

Landowner is not yet the owner of whatever has been BPS, for his only right in the
meantime is to exercise the option.
Neither builder nor landowner can oust each other, for until indemnity is paid, the builder
has the right of retention.

Inapplicability of Art. 448

When the BPS does not claim ownership over the land, but possesses it as mere
holder, agent, usufructuary, or tenant.
XPN: If an agricultural tenant whose lease is about to expire, nevertheless still sows,
not knowing that the crops will no longer belong to him, Art. 448 can be applied.
When the BPS is not a stranger but a co-owner, even if later on, during the partition, the
portion of land used is awarded to another.
When a person constructs a building on his own land, and then sells the land but not the
building to another, there can be no question of good faith or bad faith on the part of the
builder.
When the builder is a belligerent occupant.

Rule if landowner refuses to make the choice

It is his duty to exercise either alternative and not to refuse both.

When landowner alienates the land

The action should primarily be directed against the new owner.
BPS in bad faith (Art. 449)
He who BPS in bad faith on the land of another, loses what is BPS without right of
indemnity.
However, the BPS in bad faith is entitled to reimbursement for the necessary expenses
of preservation of the land.

Art. 455
Rights of owner of materials
1. If he acted in bad faith: he loses all rights to be indemnified. He can be liable for
consequential damages.
2. If he acted in good faith: he is entitled to reimbursement from the BPS. In case
of insolvency of the BPS, the landowner shall be subsidiarily liable.

Good faith and negligence

A person may be in good faith and also negligent at the same time. In negligence, there
is no intent to do wrong. On the other hand, bad faith presupposes an intent to cause
damage or prejudice.

NATURAL ACCESSION
Forms of natural accession
1. Alluvion
2. Avulsion
3. Natural change of course of river
4. Formation of island

Alluvion or alluvium
The increment which lands abutting rivers gradually receive as a result of the current of
the waters.
 Rivers are interpreted in conjunction with the Spanish Law of Waters which
include creeks, streams, rivers, and lakes (Laguna de Bay is a lake).
 Lands added to the shores by accretion and alluvial deposits caused by the
action of the sea form part of the public domain (e.g., Manila Bay).
Accretion
The process by which a riparian land gradually and imperceptibly receives addition
made by the water to which the land is contiguous.

Foreshore land
Increment formed by the action of the sea
which is part of the public domain.

Riparian owner
The owner of the estate fronting the riverbank.
The riparian owner automatically owns the
alluvion but it does not automatically become
registered property in his name.

Littoral owner
The owner of lands bordering the shore of the sea or lakes or other tidal waters.

Requisites of alluvion:
1. Accumulation of soil or sediment is gradual and imperceptible
2. It is the result of the action of the waters of the river
3. The land where the accretion takes place is adjacent to the banks of the river

Right of riparian owner to alluvium is ipso jure

There is no need of an action of the owner of the bank to possess the new addition
since it belongs to him by the very fact of the addition.
Such accretion does not automatically become registered land just because the lot
which receives the same is covered by the Torrens title. Thus, the accretion to
registered land does not preclude acquisition of the additional area by another person
through prescription.

Avulsion (Art. 459)

It is the accretion which takes places when the current of a river, creek, or torrent
segregates a known portion of land from an estate on its banks and transfers it to
another estate. The owner of the land to which the segregated portion belonged retains
the ownership of it. It is also known as delayed accession.

Requisites of avulsion:
1. Segregation and transfer of land is sudden and abrupt;
2. Caused by the current of the water;
3. Portion of land transported must be known and identifiable.

Alluvion Avulsion
The deposit of
The deposit of
soil is sudden and
soil is gradual.
abrupt.
The deposit of The owner of the
soil belongs to the property from
owner of the which a part was
property where detached retains
the same was the ownership
deposited. thereof.
The right of
accession takes
place only after 2
years from the
attachment or
Accession takes
incorporation of
place immediately
the segregated
upon the deposit
portion of land to
of the soil.
the riparian land
and only if its
owner fails to
remove the same
within said period.
The detached
The soil cannot
portion can be
be identified.
identified.

In the absence of evidence that the change in the course of rive was sudden or that it
occurred through avulsion, the presumption is that the change was gradual and caused
by accretion and erosion (alluvion).
Uprooted trees
If trees are uprooted and carried away by the current of the waters to another estate,
the owner of the tree retains ownership of the same but he is required to claim them
within a period of 6 months.
If the uprooted trees have been transplanted by the owner of the land upon which the
trees may have been cast and said trees have taken root in said land, then the owner of
the trees, upon making the claim, is required to refund the expenses incurred in
gathering them or in putting them in a safe place, including the expenses incurred by
the owner of the land for the preservation of the trees.

Effect of change of course of river

If there is a natural change in the course of
waters of the river, the abandoned riverbeds
shall ipso facto belong to the owners whose
lands are occupied by the new course in
proportion to the area lost.
Accession continua takes place only if the
owner of the land adjoining the old bed will
exercise his option to acquire the
abandoned bed by paying the value thereof,
which value shall not exceed the value of
the area occupied by the new bed.

Requisites of change of course of river:

1. There must be a natural change in the course of the waters of the river;
2. Change must be abrupt or sudden;
3. Change must be permanent;
4. There must be a definite abandonment by the government;
5. The river must continue to exist.

When river dries up

The dry bed will continue to remain property of public dominion.

Three kinds of islands (Arts. 463-465)

 1. The current of a river simply divides itself into branches, leaving a piece of land
or part thereof isolated, thereby forming an island. The island formed remains to
be the property of the owner of the land where such island has been formed.
2. An island is formed on a sea, lake, or navigable or floatable river through
whatever cause. Such island forms part of the patrimonial property of the State.
3. An island formed in non-navigable or non-floatable rivers through successive
accumulation of deposit in the same manner as alluvion.
 If nearer in margin to one bank, owner of the nearer margin is the sole
owner.
 If equidistant, the island shall
be divided longitudinally in
halves, each bank getting half.

Ownership of island under Art. 465:

1. It shall belong to the owner of the
margins or banks nearest to the
island.

2. If the island is in the middle of the river, the

same shall be owned by the owners of both
margins, in which case it shall be
divided longitudinally in halves.

3. If the island be more distant from one

margin that from the other, the owner of the
nearer margin shall be the sole owner thereof.

RIGHT OF ACCESSION WITH RESPECT TO

MOVABLE PROPERTY
Adjunction or conjunction
It takes place when two or more movable things
belonging to different owners are so united that
they cannot be separated without causing injury to
one or both of them, thereby giving rise to a new
thing.
If separation is possible without causing a substantial physical or juridical injury to any
of the movables, then there is no accession.
Goo
The owner of the principal
d
thing acquires the accessory.
faith
Owner of
accessory may:
(1) Demand
payment for
the value of
the accessory
with a right to
By owner damages; or
of the (2) Demand for
principal the separation
of the
Bad
accessory,
faith
even though it
will destroy the
principal thing
with a right to
damages.
He shall lose the
accessory and
By owner
shall be liable to
of the
pay damages to
accessory
the owner of the
principal.
Both
acte They will be considered as
d in both having acted in good
bad faith.
faith

Tests in determining the principal

1. To which the other has been united as an ornament, or for its use, or perfection
2. Greater value
3. Greater volume
4. Greater merits

Commixtion or confusion
Commixtion (solid) or confusion (liquid) refers to the mixture of two or more things
belonging to different owners.

Legal effects
If the mixture takes place by reason of the following:
1. Will of both or all owners of the things mixed
2. Will of only one owner acting in good faith
3. Chance or fortuitous event
A state of co-ownership shall arise and each owner shall acquire a right proportional to
the part belonging to him, bearing in mind the value of the thing mixed or confused.
If caused by only one owner acting in bad faith, he loses the thing belonging to him thus
mixed or confused, besides being obliged to pay indemnity for the damages caused to
the owner of the thing with which his own was mixed or confused.

Specification
It takes place whenever the work of a person is done on the material of another, such
material, in consequence of the work itself, undergoing a transformation.

If worker acted in good faith

 Indemnify the owner of the material for its value
 If material is more precious than the transformed thing:
a. Appropriate the new thing to himself after paying indemnity for the value of
the work; or
b. Demand indemnity for the material.

If worker acted in bad faith

1. To appropriate the work for himself without paying anything to the maker; or
2. To demand of the worker that he indemnify him for the value of the material and
the damages he may have suffered.