NEW ERA UNIVERSITY INSTRUCTOR; Att,. Rate* C.

TaU*p**»J r -
COLLEGE OF LAW S cM atei Tkiwaday Rao« 3M 7M -9iM F a
N a 9 Ctatrm] At o m , DHm *, Qmemm City aid Saturday Room 310 lr00-l«!*®»*

PROPERTY
f S E M - S - Y . 2018-2019

I. Overview of Claes

A. Coverage
a. Law on Property (NCC Arts. 414-773; 1106-1138)

B. Reading Materials
a. Civil Code of the Philippines
b. Jurisprudence and other relevant reference materials

II. Methodology

A. Reporting
B. Case method/Recitation
C. Quizzes and Exams

III. G rading System

A. Class Standing (30%)

a. Recitation
b. Reporting
c. Project
d. Quizzes

B. Exam
a. Midterm Exam (30%)
b. Final Exam (40%)

IV . Rule*

A. Read cases in the original

B. NO gadgets during recitations, quizzes, and exam
C. Recitation: at least 5 within the class duration
D. Waiting time: 30 minutes
E. Consultation by appointment
F. Attendance & Tardiness-University/College Policy

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 COURSE OUTLINE

g O T H T T ; « f f l ” TWH

it is an object or a right which ts appropriated or susceptible of

appropriation by man, with capacity to satisfy human wants and n«eos
(Property by Pineda, p 1 1999 Ed.)

Property is an economic concept, meaning a mess of things useful to

human activity and which are necessary to Wfe, for which reason they
may be organized and distributed in one way or another, but, always for
the good of man.

In order that a thing may be considered as property, it must have a)

utility; b) subsuntMty, i.e. an autonomous or separate existence, c)
appropriability or susceptibility to appropriation.

I. CLASSIFICATION UNDER THE C M L COOC

A. AS TO NATURE Oft MOBILITY

Immovable or Real Property- A rt 415

a. By rvature-415,(l) and (8)
b. By incorporation-^), (3). (7)
c. By destination - (4), (5), (6), (9)
d. By analogy-415, (10)

Movable or Personal Property-Arts. 416-417

Importance and Significance of Classification

B. AS TO OW NERSHIP

1. Res nullius
2. Public domain (cf. Patrimonial) (Arts. 419/420422,424)
a. Property of state-art 420422
i. For public use
ii. For public service
iii. For development of national wealth
b. Property of municipal corporations Art 424, par 1
i. For public use including public worts for public service
3. Private property
i. Patrimonial property of state-Art 424
ii. Patrimonial property of municipal corporations art 424, par 2
iii. Private property of private persons -art 425, par 2
4. Effect and significance of classification of property as property of
public dominion
a. Property outside the commerce of man
b. Property cannot be the subject of acquisitive prescription
c. Property cannot be attached or levied upon in execution

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d. Property cannot be burdened with voiuntery easement

C. OTHER CLASSIFICATION

1. By their physical existence

a. Corporeal
b. Incorporeal

2. By their autonomy of dependence

a. Principal
b. Accessory

3. By their subsistence after use

a. Consumable-art 418(1)
b. Non consumable art 418
Differentiated from fungible or non-funglble
c. Deteriorate or non-deteriorabie

4. By reason of their susceptibility to division

a. Divisible
b. Indivisible

5. By reason of designation
a. Generic
b. Specific

6. Existence in point of time

a. Present
b. Future

7. Susceptibility to appropriation
a. Non appropriable
b. Appropriable

8. Susceptibility to commerce
a. Within the commerce of man
b. Outside the commerce of man

II. OWNERSHIP

A. Definitions
Ownership- It is the independent right of exclusive enjoyment and
control of a thing for the purpose of deriving therefrom ail the
advantages required by the reasonable naeds of the owner (or holder of
the right) and the promotion of the general welfare, but subject to the
restrictions imposed by law and rights of others ( JBL Reyes).

Ownership is a relation in private law by virtue of which a thing (or

property right) pertaining to ana person is completely subjected to his
will In everything not prohibited by public law or tha concurrenca with
the rights of another.

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NSW LKA UNO UtMTY INSTRUCTOR: Ally, Rabta C. Taiaapaa. Jr.
COLLCUK OF LAW Scfcmtaic: Tfcwifey Ram M 7M-9Mpm
tm4 Saturday Ham IIS I M - I I M u
8. Bundle of rights Included In Ownership Art 429 -Jus utendl, fruendl
abutendl, disponendi, vindicandi, possidendl.

C. Other specific rights found in civil code -Arts 429,430,437,438,444

a. Right to exclude; self help; doctrine of self-help; elements art 429
b. Right to enclose or fence- art 430
c. Right to receive just compensation in case of expropriation art
435
d. Right to hidden treasure- art 438-439
e. Right to accession-art 440
f. Right to recover possession and/or ownership- jus vindicandi

D. Limitations of real right of ownership

1. General Limitation
a. Police power
b. Taxation
c. Eminent domain
2. Specific limitation
3. Limitation from scattered provisions in Civil Code

E. Right to Accession
1. Concept Art 440
2. General Principles of Accession
a. Accessory follows the principal
b. No unjust enrichment
c All works, sowing and planting are presumed made by owner and at
his expense, unless contrary is proved.
d. Accessory incorporated to principal such that it cannot be separated
without injury to work constructed or destruction to plantings,
construction or works-Art 447
e. Bad faith involves liability for damages and other dire consequences
f. Bad faith of one party neutralizes bad faith of the other - art 453
g. Ownership of fruits - to owner of principal thing: exceptions: i.
possession in good faith U) I usufruct iii) in tease iv) in antichresis
h. Obligations of receiver of fruits to pay expenses by 3rd person in
production, gathering, and preservation - art 443
i. Kinds of accession
1. Accession discreta
a. Natural
b. Industrial
c. civil
2. Accession continua
a. Over immovables
1. Artificial or industrial- building, planting,
sowing(bps)
2. Natural
a. Alluvium-art 457
b. Avulsion-
c Change in course of river-art 461-463
d. Formation of Wands-art 461-465 see PD
1067 Water Code
3. Other Movables
a. Conjuction and adjunction
b. Commotion and confusion

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N t» u u iM V tK S m
COLLEGE o » law
N*. * ( tm tn l Avraat, DiUaaa, Qmaam O y

c Specification

j. Quieting of Title
i. Differences between action to quiet title and action
ii. Prescription of action-imprescriptible if plaintiff is in possession; If
not, prescribes within period for filing action publidana, action'
reinvidicatoria
iii. Who are entitled to bring action? Rule 64 sec 1 par 2, rules of
court
iv. Notes
1. There is a cloud in title to real property or any Interest to
real property (art 476)
2. Plaintiff has legal or equitable tile to or interest in the
subject/real property
3. Instrument record claim etc must be valid and binding on
Its face but in truth and in fact invalid, in effective,
voidable or unenforceable
4. Plaintiff must return benefits received from defendant

III. CO-OWNERSHIP

i. DEFINITION
The right of common dominion which two or more persons have
in a spiritual part (or ideal portion) or a thing which is not
physically divided.
ii. Characteristics
1. The recognition of ideal shares, defined but not physically
identified
2. Each co-owner has absolute control over his ideal share
3. Mutual respect among co-owners in regard to use,
enjoyment and preservation of thing as a whole
iii. Differences between co-ownership and joint tenancy.
iv. Differences between partnership and co-ownership
v. Sources of co-ownership
a. Law
b. Contract
c. Succession
d. Chance (commixtion, hidden treasure)
e. Occupation (harvesting and fishing)
vi. Rights of each co-owner as to thing owned in common
vii. Implications of co-owners right over his ideal share
viii. Rules on co ownership not applicable to conjugal partnership of
gains or absolute community of property
ix. Special rules on ownership of different stories of a house as
differentiated from provision of condominium, (act 4726)
x. Extinguishment f co-ownership

IV. POSSESSION

I. Definition and Concept (Art 523)

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»KW IMA U M V U SITY
COLLEGE OF LAW W *m *TO Ik AU)r KaWa C. TaUapM. Jr
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Possession is the holding of a thing or the enjoyment of a

right, whether by material occupation or by the fact that the
thing or the right is subjected to the action of our will.

It is a real right independent of and apart from ownership

i.e. the right of possession (jus possessionis as distinguished
from the right to possess jus possidendi)
ii. Essential requisites of possession
iii. Degrees of holding or possession
iv. Cases of possession
v. What things or rights may be possessed
vi. What may not be possessed by private persons
vii. Acquisition of possession
1. Ways of acquiring possession (art 531)
2. By whom may possession be acquired ( art 532)
3. What do not affect possession (arts 534,1119)
4. Rules to solve conflict of possession (art 538)
viii. Effects of possession
be Effect of possession in the concept of owner
x. Presumptions in favor of possessor

V. USUFRUCT

A. Concept-Art 562
Usufruct is a real right, temporary in character that authorizes the holder to
enjoy all the advantages derived from a normal exploitation of another's
property, according to its destination or purpose, and imposes an obligation
of restoring at the time specified, either the thing itself or its equivalent
B. Historical Considerations
C. Characteristics of usufruct
D. Usufruct distinguished from lease; from servitude
E. Casses of usufruct
F. Rights of usufructuary
G. Rights of the naked owner
H. Obligations of usufructuary
I. Special cases of usufruct
J. Extinguishment of usufruct (art 603)

VI. EASEMENT OR SERVITUDES

i. Definition- Easement or real servitude is a real right which

burdens a thing with a presentation consisting of determinate
servitudes for the exclusive enjoyment of a person who is not Its
owner or of a tenement belonging to another, or, it is the real
right immovable by nature i.e. land and buildings, by virtue of
which the owner of the same has to abstain from doing or to
allow somebody else to do something in his property for the
benefit of another thing or person.
ii. Essential feature of easements/ real servitudes/praedia!
servitudes
iii. Classification of servitudes
iv. General rules relating to servitudes
v. Modes of acquiring easements

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v». Rights and obligations of owners of dominant and servient estates

vii. Modes of extinguishment of easements
viii. Legal easements

VII. NUISANCE

VIII. M ODES OF ACQUIRING OW NERSHIP

A. Intellectual creation (governed by the Intellectual Property Code RA 8293)

B. Occupation
C. Law
D. Tradition (trader or to deliver)
E. Donation
I. Nature of Donation
II. Requisites of donation
III. Kinds of donation
IV. W ho may not give or receive donations - Art 735, 737, 738, 74l»
742
V. W ho may give or receive donations - Art 736,739,740, 743)
VI. Acceptance of donation
VII. Form of donations
VIII. What may be donated
IX. Effect of donations
X. Revocation and Reduction of Donations
F. Succession
G. Prescription

IX. M O D ES OF EXTINGUISHING OW NERSHIP

A. Voluntary M odes
1. Abandonment
2. Alienation
3. Voluntary destruction

B. Involuntary M odes
1. Fortuitous loss or destruction
2. Accession contlnua
3. Rescissory actions
4. Judicial decree
5. By operation of law

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LIST OF CASES
1. BERKENKOTTER VS CU UNJIENG 61 PHIL 663 ( Immovable/Movable)
2. TU M ALAD VS VICENCIO, 2 1 S C R A 143 (Immovable/Movable)
3. NAVARRO VS PINEDA, 9 SCRA 631 (Immovable/Movable)
4. SERGS' PRODUCTS VS PCI LEASING AN D FINANCE INC, 338 SCRA S04, 22 AUG
2000 (Immovable/Movable)
5. DAVAO SAW MILL VS. CASTILLO 61 PHIL 709 (Immovable/Movable)
6. MO N TAN O VS INSULAR GOVERNMENT, 12 Phil. 572 (Public/Prlvate Land)
7. LAUREL VS GARCIA, GR NO 92013,15 JULY 1990 (Public/Private Land)
8. G EM INIANO ET AL VS CA, GR 120303, 24 JULY 1996 (Art 448/Builder in good
faith)
9. M ENDOZA VS DE GUZMAN , 52 Phil. 164 (Builder In bad faith)
10. V DA DE NAZARENO VS COURT OF APPEALS, 257 SCRA 589 (Public/Private Land)
11. AGUSTIN VS IAC, GR NO 66075, 05 JULY 1990 (Accretion)
12. GRANDE VS COURT OF APPEALS, 115 Phil. 521 (Alluvion)
13. GALA VS RODRIGUEZ, 70 PHIL 124 ( Co-ownership)
14. ADILLE VS. CA, GR 44546, 29 JANUARY 1988 (Co-ownership)
15. PARDELL VS BARTOLOME, 23 Phil 450 (Co-ownership)
16. GUILLEN VS CA, G.R. No. 83175, Dec. 4,1989 (Co-ownership)
17. DE GARCIA VS CA, 37 SCRA 129 (Possession)
18. DIZON VS. SUNTAY, 47 SCRA 16 (Possession)
19. EDCA PUBLISHING AND DISTRIBUTING CORP VS SANTOS, GR 80298, 26 April
1990 (Possession)
20. DIZON VS SUNTAY, 47 SCRA 16 (Possession)
21. CHUA KAi VS KAPUNAN, 104 Phil. 110 (Possession)
22. V DA DE ALBAR VS FABJE 106 PHIL 855 (Usufruct)
23. GABOYA VS. CUI, 27 SCRA 85 (Usufruct)
24. GARGANTOS VS TAN YANON, 108 Phil 888 (Easement/Servitude)
25. VALDEZ VS TABISULA, GR 175510, 28 July 2008 (Easement/servitude)
26. STERNBERG VS SORIANO, 41 Phil 210 ( Easement/Servitude)
27. LOCSIN VS CUMACO, 26 SCRA 816 (Easement/Servitude)
28. REMEGIO RAMOS, SR. VS GATCHAUAN REALTY, INC., ASPREC, ET AL, G.R. NO.
75905, October 12,1987 (Easement/Servitude)
29. VELASCO VS MANILA ELECTRIC CO. 40 SCRA 342 (Nuisance)
30. HIDALGO ENTERPRISES VS BALANDAN, 91 PHIL 488 (Nuisance)
31. MAGLASANG VS HEIRS OF CORAZON CABATINGAN, GR 131953, 05 June 2002
(Donation)
32. PUIG VS PENAFLORIDA, 15 SCRA 276 (Donation)
33. HEMEDES VS CA ET AL GR 107132,08 October 1999 (Donation)
34. KAPUNAN VS CASILAN, 109 PHIL 889 (Donation)
35. ABRAGAN VS DE CENTENERA, 46 PHIL 213 (Donation)

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