Accession

Owner of a thing becomes the owner of everything that it may produce or which may be
inseparably united or incorporated thereto, either naturally or artificially

1. Accessory follows the principal: presumption of ownership of both principal and accessory

2. No one shall be unjustly enriched at the expense of another: right to acquire but with duty to
reimburse
General Principles of Accession

1. Accession Discreta

2. Accession Continua
Kinds of Accession

1. Natural
2. Industrial
3. Civil
Kinds of Accession Under Accession Discreta

1. Over Immovables

a. Industrial
b. Natural
o Alluvion
o Avulsion
o Change of Course of River
o Formation of Islands
2. Over Movables

o Conjunction and Adjunction

o Commixtion and Confusion
o Specification
Kinds of Accession Under Accession Continua

Accession Discreta
Accession of Fruits

Accession Discreta Natural

Spontaneous products of the soil without the intervention of man

The young of animals

Products of animals which can be removed without killing the principal (e.g. fleece, wool, milk,
etc. but not meat, fur, hide)
Time of Accrual depending on kind:

Accession Discreta Industrial

Refers to fruits produced by the land through labor and cultivation

Accession Discreta Civil

Refers to rentals of a movable or an immovable

1. Time of Accrual depending on kind

2. A receiver of fruits has the obligation to pay the expenses incurred by a third person in the
production, gathering and preservation.
Exception: Receiver does not have to pay if fruits are recovered before gathering from a
possessor in bad faith, receiver does NOT have to pay indemnity

But if recovered after fruits have been gathered, receiver must pay since the fruits have been
separated from immovable, hence accession principles will not apply
Principles Applicable to Accession Discreta

Annuals
Time of Accrual depending on kind:

From the time seedlings appear on the ground

Perennials
Time of Accrual depending on kind:

From the time fruits actually

appear on the plants

Young of Animals
Time of Accrual depending on kind:

From the time they are in the womb, although unborn - beginning of maximum ordinary period
of gestation

Fowls
Time of Accrual depending on kind:
From the time of incubation

1. Accession by Attachment/Incorporation

2. Accession Continua Natural: Land deposits, etc.

Accession Continua over Immovables: Accession by Attachment/Incorporation

Accession Continua Artificial or

Industrial
Building, planting or sowing on land owned by another (over immovables)

Whatever is built, planted or sown on the land of another + improvements or repairs made
thereon, belong to the owner of the land subject
to the rules on BPS.
Accession Continua Artificial or
Industrial

GENERAL RULE

o All works, sowing and planting are

presumed made by the owner

o All works are presumed made at the

owner's expense, unless the contrary
is proved

o The owner of the principal thing owns

the natural, industrial and civil fruits, except when the following persons exist: (PULA)
o Possessor in Good Faith
o Usufructuary
o Lessee
o Antichretic creditor
Accession Continua Artificial or
Industrial

PRESUMPTIONS

Whenever the building, planting or sowing was done with the knowledge and without opposition
on his part
Bad Faith in Accession Continua Artificial or Industrial

On the part of the landowner

Allows the use of his materials without protest

Bad Faith in Accession Continua Artificial or Industrial

On the part of the landowner

Knows that he does not have title to the

land, nor the right to build thereon OR no permission of the owner of the materials to pay their
value
Bad Faith in Accession Continua Artificial or Industrial

On the part of the landowner

1. Alluvium
2. Avulsion
3. Change of Course of River
4. Formation of Islands
Accession Continua Natural: Land deposits, etc.

Alluvium
Soil is gradually deposited on banks adjoining the river

o Deposit of soil or sediment is gradual and imperceptible

o As a result of the action of the currents of the waters of the river

o Land where the accretion takes place is adjacent to the banks of the rivers

o Deemed to Exist: When the deposit of the sediment has reached a level higher than the highest
level of the water during the year
Requisites of Alluvium

o Land automatically owned by

the riparian owner

o BUT does not automatically

become registered property
Effects of Alluvium

o To offset the owner's loss from possible erosion due to the current of the river
o Compensate for the subjection of the land to encumbrances and legal easements
Rationale of Alluvim

Avulsion
A portion of land is segregated from one estate by the forceful current of a river, creek or torrent
and transferred to another

o Segregation and transfer of land is sudden and abrupt

o Caused by the current of the water

o Portion of land transported must be known and identifiable

OR

o Can also apply to sudden transfer by other forces of nature such as land transferred from a
mountain slope because of an earthquake
Requisites of Avulsion

The ownership of the detached property is retained by the owner subject to removal within 2
years from the detachment
RESULT of Avulsion

Change of course or River

Change in the natural course of the waters of the river

o Change in the natural course of the waters of the river

o Such change causes the abandonment of the river beds

>Natural Bed: ground

covered by its waters
during ordinary floods

o Such change is sudden or abrupt

Requisites for Change of course or River

o Owners whose lands are occupied by the new course automatically become owners of the old
bed, in proportion to the area they lost.

o Owners of the lands adjoining the old bed are given the right to acquire the same by paying the
value of the land.

> Not exceeding the value of the land invaded by the new bed (the old property of the owner)

o The new bed opened by the river on a private estate shall become of public dominion
Results for Change of course or river

Formation of Islands
It is the formation of islands (HAHAHA)

o Formed on the SEAS within the jurisdiction of the Philippines

o Formed on LAKES

o Formed on NAVIGABLE or FLOATABLE RIVERS

> Capable of affording a
channel or passage for
ships and vessels
> Must be sufficient not only
to float bancas and light
boats, but also bigger
watercraft
> Deep enough to allow
unobstructed movements of
ships and vessels
> TEST: can be used as a
highway of commerce, trade
and travel
Islands belong to the State if:

o Formed through successive

accumulation of alluvial deposits

o On NON-NAVIGABLE and NON-FLOATABLE RIVERS

> If island is in the middle: divided longitudinally in half.

Islands belong to the Owners of