Civil Code, Book II
Property (Tolentino & Paras)
PROPERTY, OWNERSHIP, AND ITS
MODIFICATIONS
Property – an economic concept
- a mass of things or objects useful to
human activity and which are necessary to
life, for which reason they may in one way
or another be organized and distributed,
but always for the use of man.
Property as a subject in Law – classifies and
defines the different kinds of appropriable
objects, provides for their acquisition and loss,
and in general treats of the nature and
consequences of real rights.
Right to property – the juridical tie by virtue of
which a person has the exclusive power to
receive or obtain all the benefits from a thing,
except those prohibited or restricted by law or
by the rights of others.
- emphasizes the vinculum as opposed to
ownership (mass of things)
TITLE I
CLASSIFICATION OF PROPERTY
Art. 414. All things which are or may be the object
of appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property. (333)
Things Property
Cosas Bienes
All objects that All those that are
exist and can be already appropriated or
of use to man. are in the possession of
man
Those that can be Those that are already
possessed possessed and are
found in man’s
patrimony
Classification of things
• Res nullius
◦ things which have been intentionally
abandoned (res derelictae) by their
owners which are still considered as
things, even if for the moment they
have no owners because they can
still be the object of appropriation.
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◦ Belonging to no one
◦ they have not been appropriated
• Res communes
◦ belonging to everyone
◦ for the use and enjoyment of all
mankind
• res alicujus
◦ belonging to someone
◦ privately owned either in collective
or individual capacity
Requisites to be considered a property:
• utility, or the capacity to satisfy human
wants
• individuality and substance
• susceptibility of being appropriated
common things – not susceptible of
appropriation as a whole mass, but the limited
quantity of the whole mass may be
appropriated and thereby converted into
property
***Human body is not a thing. Upon death, the
corpse becomes a thing, although it is not
susceptible of appropriation and commerce by
reason of public morality.
***Contracts by relatives with respect to the
corpse of a deceased person, which do not
refer to the funeral, autopsy, or related matters,
are void as contrary to morals.
Appropriation – occupation; willful
apprehension of a corporeal object which has
no owner,with intent to acquire its ownership.
***Things include patrimonial rights.
Kinds of rights:
• real rights – jus in re; power belonging
to a person over a specific thing,
without a passive subject individually
determined against whom such right
may be personally exercised
– gives to a person a direct and
immediate juridical power over a
thing which is enforceable
against the whole world
– enforceable against the whole
world
– characteristics:
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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
 a subject and an object related to it subject thing through
connected by a relation of affects the the prestation
ownership of the former thing of the debtor
over the latter
By mode and Cause of By title alone
 a general obligation or duty
title creating the
to respect for such relation,
juridical
there being no particular
relation
passive subject
 effective actions recognized Loss or Methods of Loss or
by law to protect such destruction of extiguishment destruction of
relation against anyone who the thing of the juridical the thing does
may want to disturb it. relation not extinguish
• Personal rights – jus ad rem; power the relation.
belonging to one person to demand of Gives rise to Nature of the Produce
another, as a definite passive subject, real actions things personal
the fulfillment of a prestation to give, to against 3rd arising from actions
do or not to do. persons them against the
– right of obligation or obligation definite debtor
– characteristics:
 there are 2 subjects (active Classification of things:
and passive), who are • divine – regulated by canonical laws
determined and specified
◦ spiritual
 general obligation on the
◦ corporeal
part of 3rd persons to
▪ sacred
respect the relation between
the active & passive subject ▪ religious
 effective actions in favor of ▪ holy
the active subject against ▪ temporal
the passive subject for the • human – governed by laws
performance of the promulgated by man
prestation by the latter or so ◦ material, corporeal, or physical, or
that the relation between manifest to the sense
them may produce its ▪ by reason of ownership
natural and juridical effects. • common
• public
Real rights vs Personal ◦ direct general use
rights ◦ indirect use
One definite Number of Definite active • corporate
active subject persons subject and ◦ patrimonial
and the rest of involved definite ◦ communal
the world as passive • nullius
passive subject • private
subjects ▪ by reason of their immobility
without • immovables or real
determination ◦ by nature
Corporeal or Object of the Intangible ◦ by incorporation
tangible thing juridical thing, the ◦ by their destination
relation prestation of ◦ by analogy
the debtor • movables
Directly affects How the will Indirectly ◦ by nature
the thing of the active affects the ◦ by analogy

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
• semi-movables therefrom without breaking the material or deterioration
▪ by reason of number of the object;
• universal (4) Statues, reliefs, paintings or other objects for
use or ornamentation, placed in buildings or on lands by
• generic the owner of the immovable in such a manner that it
• specific reveals the intention to attach them permanently to the
▪ by reason of existence tenements;
• existing or present (5) Machinery, receptacles, instruments or
implements intended by the owner of the tenement for
• future an industry or works which may be carried on in a
▪ by reason of divisibility building or on a piece of land, and which tend directly to
• divisible meet the needs of the said industry or works;
• indivisible (6) Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in case their
▪ by reason of importance owner has placed them or preserves them with the
• principal intention to have them permanently attached to the land,
• accessory and forming a permanent part of it; the animals in these
places are included;
▪ by reason of homogeneity of the
(7) Fertilizer actually used on a piece of land;
specie (8) Mines, quarries, and slag dumps, while the
• fungibles matter thereof forms part of the bed, and waters either
• non-fungibles running or stagnant;
▪ by reason of consumability (9) Docks and structures which, though floating,
are intended by their nature and object to remain at a
• consumables fixed place on a river, lake, or coast;
• non-consumables (10) Contracts for public works, and servitudes and
▪ by reason of alienability other real rights over immovable property. (334a)
• within the commerce of man
• outside the commerce of The law does not define what properties are
man immovable, they are merely enumerated.
◦ intangible, incorporeal, or juridical
Classes of immovables:
the predominant distinction of property into real • by nature – cannot be moved from
and personal is the possibility of transfer of the place to place (par. 1 & 8 of Art. 415)
latter or of its movement in space, whether by • by incorporation – essentially movables,
itself or by some external acts. but are attached to an immovable in
such a manner as to be an integral part
****The classification of property assumes its thereof (pars. 2,3,4, & 6 of Art. 415)
importance from the different provisions of the • by destination – essentially movable,
law that governs its acquisition, possession, but by purpose for which they have
disposition, loss, and registration of immovables been placed in an immovable, partake
and movables. of the nature of the latter because of the
added utility derived therefrom (pars.
Art. 414 did not mention the “mixed” or the 4,5,6,7, & 9 of Art. 415)
“semi-immovables” • by analogy or by law (par. 10 of Art.
415)
CHAPTER 1
IMMOVABLE PROPERTY Paragraph 1:
(Land, buildings, roads and constructions of all kinds
ARTICLE 415. The following are immovable property: adhered to the soil;)
(1) Land, buildings, roads and constructions of all immovable by nature
kinds adhered to the soil; ***separate treatment by the parties of a
(2) Trees, plants, and growing fruits, while they are building from the land on which it stands, does
attached to the land or form an integral part of an not change the immovable character of the
immovable;
(3) Everything attached to an immovable in a fixed
building, which by itself can be the subject of
manner, in such a way that it cannot be separated REM.

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
movable, except when timber constitutes the
Cases: natural product of the tenement, in which case it
Punzalan vs Lacsamana, 121 SCRA still forms an integral part of the immovable.
331;Leung Yee vs. Strong Machinery Co., 37 ***Ungathered products have the nature of
Phil. 644; Standard Oil Co. vs. Jaranillo, 44 Phil personal property.
631; Prudential Bank vs Panis, 153 SCRA 390;
Santos Evangelista vs Alto Surety, 103 Phil. Growing crops by express codal provision are
401 considered real property by incorporation.
However, under the chattel mortgage law,
***Buildings (on rented land) being immovable growing crops may be considered as personal
by nature, the ownership of the land on which property and may thus be the subject of a
they were erected cannot change their nature chattel mortgage. (Sibal vs. Valdez, 50 Phil.
as immovable property. 512)

Constructions in buildings become immovable Paragraph 3:

by incorporation. They are being attached to the (Everything attached to an immovable in a fixed
land permanently or there is an intention to manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration
permanently annex the same.
of the object)
immovable by incorporation
“The parties to a contract may, by rex vinta
agreement, treat as personal
property that which by nature real the injury or breakage or deterioration in case of
property. It is a familiar separation must be substantial.
phenomenon to see things
classed as real property for ***the material fact of incorporation or
purposes of taxation, which on separation is what determines the condition of
general purpose may be these objects; so that, as soon as they are
considered as personal property.” separated from the tenement, they recover their
(Standard Oil Co. vs. Jaranillo, condition as movables, irrespective of the
supra) intention of the owner.
“In such a case as a building is
made the subject of a chattel Paragraph 3 Paragraph 4
mortgage, and the mortgage is Cannot be separated Can be separated
registered in the chattel mortgage from immovable from immovable
registry, the mortgage would still without breaking or without breaking or
be void in so far as 3rd persons deterioration deterioration
are concerned.” (Evangelista vs.
Alto Surety & Ins. Co. ) Need not be placed by Must be placed by the
the owner owner or his agent,
express or implied
Paragraph 2: Real property by Real property by
(Trees, plants, and growing fruits, while they are incorporation incorporation and
attached to the land or form an integral part of an destination.
immovable)
immovable by incorporation [if planted thru
labor; and immovable by nature if they are the Query: suppose the properties referred to in
spontaneous products of the soil] paragraph 3 are temporarily removed, but there
is an intention to replace them, should they be
***Trees and plants are immovable only when considered real or personal property?
they are attached to the land; hence, when they Answer: personal property inasmuch as the
have been cut or uprooted, whether for incorporation has ceased. (as opposed to the
firewood, or lumber, or other use, they become view in Partidas which was not reproduced by
the Code Commission)

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Civil Code, Book II
Property (Tolentino & Paras)
Paragraph 4:
(Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the
owner of the immovable in such a manner that it reveals
the intention to attach them permanently to the
tenements)
immovable by incorporation & by
destination
***these can generally be separated from the
immovable without breaking the matter or
injuring the object.
***Objects in pars. 4 & 5 become immobilized
only when placed in the tenement by the owner
of such tenement.
Case: Davao Sawmill Co. vs Castillo, 61 Phil
709
“Movables become immobilized
when placed in a plant by the
owner of the property or plant,
but not when so placed by a
tenant, usufructuary or any
person having only temporary
right unless such person acted
as the agent of the owner.”
Paragraph 5:
(Machinery, receptacles, instruments or implements
intended by the owner of the tenement for an industry
or 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 said industry or works)
immovable by destination
***the immovable condition of these objects
depends upon their being destined for use in
the industry or work in the tenement; the
moment they are separated, not necessarily
from the immovable, but from the industry or
work in which they are utilized, they recover
their condition as movables.
“Machinery intended by the owner
of any building or land for use in
connection with any industry or
trade being carried on therein and
which are expressly adapted to
meet the requirements if such trade
or industry, are considered as real
property.” (B.H. Berkenkotter vs.
Cu Unjieng, 61 Phil. 663)
***work animals or beast of burden are not
included in this paragraph.
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***this paragraph includes the agricultural
utensils or implements given by the owner of a
tenement to the tenants or workers thereon.
***excluded in this article are those which are
merely for decorative purposes, and even those
which are necessary for other purposes distinct
from the requirements of the industry or works
being carried on in the tenement.
Essential requisites:
• the placing must be made by the owner
or his agent or duly authorized
representative
• the industry or works must be carried on
in the building or on the land
• the machines must tend directly to meet
the needs of the said industry or works.
• The machines must be essential and
principal elements in the industry and
not merely incidental.
Case: Mindanao Bus Co. vs. City Assessor &
Treasurer, GR L-17870; Board Of Assessment
Appeals Vs Meralco, 10 SCRA 68
***If the machine is still in the building but is no
longer used in the industry conducted therein,
the machine reverts to the condition of a chattel
***If still needed for the industry but separated
from the tenement temporarily, the property
continues to be immovable, inasmuch as
paragraph 5 refers to real property by
destination or purpose and not to real property
by incorporation
Paragraph 6
(Animal houses, pigeon-houses, beehives, fish ponds
or breeding places of similar nature, in case their owner
has 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)
immovable by incorporation and destination
***when the animals inside the permanent
animal houses are alienated onerously or
gratuitously, it is believed that the transaction is
an alienation of personal property, unless the
building or the tenement is itself also alienated.
Civil Code, Book II
Property (Tolentino & Paras)
Paragraph 7:
(Fertilizer actually used on a piece of land)
immovable by destination
***fertilizers should be on the land where they
are to be utilized, because it is only then that
the intention of the owner to use them on the
tenement is beyond doubt.
Paragraph 8:
(Mines, quarries, and slag dumps, while the matter
thereof forms part of the bed, and waters either running
or stagnant)
immovable by nature
slag dump – dirt and soil taken from a mine
and piled upon the surface of the ground. Inside
the “dump” can be found the minerals.
***Waters in this paragraph refers to natural
bodies of waters.(rivers, lakes, lagoons, etc)
Paragraph 9:
(Docks and structures which, though floating, are
intended by their nature and object to remain at a fixed
place on a river, lake, or coast)
immovable by destination
Vessels
• are considered personal property
• may be the object of chattel mortgage
but such should be registered in the
record of the Collector of Customs at
the port of entry not on the Registry of
Deeds or Property.
• Although they are personal property,
they partake to a certain extent of the
nature and conditions of real property
because of their value and importance
in the world of commerce.
Paragraph 10:
(Contracts for public works, and servitudes and other
real rights over immovable property.)
immovable by analogy
-refer not to material things but rights, which are
necessarily intangible.
Servitude or easement – encumbrance
imposed on an immovable for the benefit of
another immovable belonging to another owner,
or for the benefit of a person or group of
persons. (easement on the right of way)
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Manresa believes that because of the
enumeration of immovables under Art. 415, and
the provisions of the following articles, it is
difficult to admit other kinds of immovable
property.
While the parties cannot by agreement treat as
immovable that which is legally movable, they
may in certain cases treat as movable some
things enumerated by law as immovable.
CHAPTER 2
MOVABLE PROPERTY
ARTICLE 416. The following things are deemed to
be personal property:
(1) Those movables susceptible of appropriation
which are not included in the preceding article;
(2) Real property which by any special provision
of law is considered as personalty;
(3) Forces of nature which are brought under
control by science; and
(4) In general, all things which can be transported
from place to place without impairment of the real
property to which they are fixed. (335a)
Test of Movable Character:
• whether it can be carried from place to
place
• whether the change of location can be
affected without injury to an immovable
to which the object may be attached
• whether the object is not included in any
of the ten paragraphs of Art. 415
Act 1508 (Chattel Mortgage Law)
- (Sec. 7) recognize that growing crops are
personal property and may be the object of
chattel mortgage
***electricity, gas, heat, oxygen, light, rays, and
other forces of nature are by law, considered
movable. (geothermal power, nuclear,
electricity)
Semi-movables – include those which are
susceptible of moving by themselves without
assistance from any outside force, such as
animals; movable.
Intellectual property – right of the author,
artist, or inventor over his work is a personal
property. It consists in the pecuniary benefit
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
which the owner can get by the reproduction or
manufacture of his work. It is essentially a Consumable Fungible
monopoly of exploitation. Classification of Classification of
things into things into fungibles
Cases: Sibal vs Valdez, 50 Phil. 512; U.S. vs. consumable and and non-fungibles is
Carlos, 21 Phil. 543 non- consumable is a classification
according to the according to
Art. 417. The following are also considered as nature of the thing. purpose depending
personal property: on whether they can
(1) Obligations and actions which have for be substituted by
their object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial other things of the
and industrial entities, although they may have real same kind, quality,
estate. (336a) and quantity

“Obligations” under Art. 417 means credit. CHAPTER 3

Intangible objects should be considered
personal because of the exclusive character of
the enumeration of real property; all those not
included therein are considered personal.
All juridical persons must be deemed included
in par. 2 of Art. 417
Case: Strochecker vs. Ramirez
Art. 418. Movable property is either consumable or
nonconsumable. To the first 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.
(337)
Consumables – those whose use according to
their nature destroys the substance of the thing
or causes their loss to the owner.
– cannot be used according to its nature
without its being consumed
Fungibles – things whose individuality can be
determined by counting, weighing, or
measuring.
- the quality of being fungible depends upon
their possibility – because of their nature or
the will of the parties – of being substituted
by others of the same kind, not having a
distinct individuality.
- e.g. 10 heads of cattle, 100 copies of a
newspaper of a certain date
Non-fungibles – those which have their own
individuality and do not admit of substitution.
- e.g. the ten bottles of wine which I have in
my room
PROPERTY IN RELATION TO THE PERSON
TO WHOM IT BELONGS
ARTICLE 419. Property is either of public dominion
or of private ownership. (338)
Public dominion
• Property of public dominion is not
owned by the State, but pertains to the
State.
• as territorial sovereign exercises
juridical prerogatives over such
property.
• Collective ownership for the general use
and enjoyment
• purpose; serve the citizens, not the
State
• intended for common welfare so they
cannot be the object of appropriation.
• The relation of the State to this property
arises from the fact that the State is the
juridical representative of the social
group.
Sacred and religious objects
• have been considered outside the
commerce of man. They are neither
public nor private property, in the sense
that any private person can be the
owner thereof.
• Outside the field of civil law (Manresa)
ARTICLE 420. The following things are property of
public dominion:
(1) Those intended for public use, such as roads,
canals, rivers, torrents, ports and bridges constructed
by the State, banks, shores, roadsteads, and others of
similar character;

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Civil Code, Book II
Property (Tolentino & Paras)
(2) Those which belong to the State, without being
for public use, and are intended for some public service
or for the development of the national wealth. (339a)
Property of public dominion are outside the
commerce of man.
Principles applicable to properties of public
dominion:
• They cannot be alienated or leased or
otherwise be the subject matter of
contracts
• They cannot be acquired by prescription
against the State.
• They are not subject to attachment or
execution.
• They cannot be burdened by any voluntary
easement.
Property for public use – can be used by
everybody, even by strangers or aliens, in
accordance with its nature; but nobody can
exercise over it the rights of a private owner,
e.g:
• Shores – portion of land which is
subject to the ebb and flow of the
waters of the sea
• Accretions or additions to the shores of
the sea by action of the water
• Navigable and non-navigable streams
• Creeks and esteros
• Streets
• Beds of rivers
Property for public service
Par. 2 of Art. 420 includes not only those used
for the defense of the territory, but also all
property devoted to public service
Art. 420 do not distinguish between immovables
and movables; hence, whatever the condition of
the property, provided it is for public service, it
falls within this category.
ARTICLE 421. All other property of the State, which
is not of the character stated in the preceding article, is
patrimonial property. (340a)
Patrimonial property – property over which
the State has the same rights, and of which it
may dispose, to the same extent as private
individuals in relation to their property, subject
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only to the administrative laws and regulations
on the procedures of exercising such rights.
- they exist for the State for attaining its
economic ends, as a means for its
subsistence, and the preservation of its
natural organism.
- Subject to prescription and can be the
objects of ordinary contracts.
- Property owned by the State but is not
devoted to public use, public service, or the
development of the national wealth
ARTICLE 422. Property of public dominion, when no
longer intended for public use or for public service, shall
form part of the patrimonial property of the State. (341a)
Property of public dominion ceases to be such
and becomes private property of the State only
upon the declaration by the government,
through the executive or legislative
departments, to the effect that it is no longer
needed for public use or service.
Mere possession of land does not by itself
automatically divest it of its public character.
ARTICLE 423. The property of provinces, cities, and
municipalities is divided into property for public use and
patrimonial property. (343)
ARTICLE 424. 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.
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. (344a)
Same principles discussed under Art. 420 are
applicable for property for public use of
provinces and towns.
***LGUs can reclaim foreshore lands but they
cannot reclaim submerged lands.
ARTICLE 425. Property of private ownership,
besides the patrimonial property of the State, provinces,
cities, and municipalities, consists of all property
belonging to private persons, either individually or
collectively. (345a)
Where a person has proved his right of
ownership over a piece of land, and it is not
Civil Code, Book II
Property (Tolentino & Paras)
shown that the State has a superior right
thereto, the former must be recognized as
owner even against the State.
Provisions Common to the Three Preceding Chapters
ARTICLE 426. Whenever by provision of the law, or
an individual declaration, the expression "immovable
things or property," or "movable things or property," is
used, it shall be deemed to include, respectively, the
things enumerated in Chapter 1 and Chapter 2.
Whenever the word "muebles," or "furniture," is used
alone, it shall not be deemed to include money, credits,
commercial securities, stocks and bonds, jewelry,
scientific or artistic collections, books, medals, arms,
clothing, horses or carriages and their accessories,
grains, liquids and merchandise, or other things which
do not have as their principal object the furnishing or
ornamenting of a building, except where from the
context of the law, or the individual declaration, the
contrary clearly appears. (346a)
AUF School of Law
• naked ownership (nuda proprietas) –
ownership where the right to the use
and the fruits has been denied.
• Sole ownership – ownership is vested
only in one person.
• Co -ownership – ownership is vested in
tow or more persons
◦ unity of the property and plurality of
the subjects (Manresa)
possessory information – (informacio
possessoria) prima facie evodence that the
registered possessor is also the owner of the
land involved.
ARTICLE 428. The owner has the right to enjoy and
dispose of a thing, without other limitations than those
established by law.
The owner has also a right of action against the holder
and possessor of the thing in order to recover it. (348a)

TITLE II Extent of right of ownership:

CHAPTER 1 • Right to enjoy
unless prevented by a contract or some
OWNERSHIP IN GENERAL other law, the owner cannot be deprived
of the enjoyment of his property on the
ARTICLE 427. Ownership may be exercised over plea that another needs it more
things or rights. (n) because of an emergency
o Jus utendi – right to receive
Ownership from the thing what it produces
- Independent and general power of a o Jus abutendi – right to consume
person over a thing for purposes the thing by its use.
recognized by law and within the limits  Does not include the
established thereby. (Filomusi) right to abuse
- A relation in private law by virtue of which a
thing pertaining to one person is • Right to dispose
completely subjected to his will in o jus dispodendi; power to
everything not prohibited by public law or
alienate, encumber, transform,
the concurrence with the rights of another
and even destroy the thing
(Scialoja)
owned.
- independent and general right of a person
o Includes the right not to dispose
to control a thing particularly in his
o Only the owner can dispose of
possession, enjoyment, disposition, and
recovery, subject to no restrictions except property, subject to the
those imposed by the state or private limitations imposed by law.
persons, without prejudice to the provisions o The person who acquires
of law. (Paras) property from one who is not the
owner and has no right to
Kinds of Ownership: dispose of the same, detains
the property without right or title,
• Full ownership (jus in re propia) – all the
and the owner may recover the
rights of an owner
same from him. (Tolentino vs
Paraiso, 34 Phil. 609)

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Property (Tolentino & Paras)
• Right to Recover
o (Jus vindicandi) right to exclude
from the possession of the thing
owned by any other person to
whom the owner has not
transmitted such thing, by the
proper action for restitution, with
the fruits, accessions, and
indemnification for damages.
o owner of the thing may proceed
not only against the person in
actual possession but against
anyone unlawfully detaining it.
o The possessor has the
presumption of title in his favor,
but if the plaintiff can prove his
title as owner and establish the
identity of the property claimed
as his, he will be entitled to
recover the property, even if the
possession seems legalized by
a conveyance. (Mendoza vs
Fulgencio, 8 Phil. 243)
o This right to recover is given by
the law only to the owner of the
thing, and not to one who by his
own voluntary act has ceased to
be the owner by the transfer of
ownership to another.
o However, this right of the owner
to maintain an action to recover
possession of property
wrongfully taken from him, can
be transferred by him, and his
transferee can maintain the
action against the wrongdoer.
(Waite vs Peterson, 8 Phil. 449)
o As a basic rule, the person who
claims that he has a better right
to the property must prove both
ownership and identity. (Flores
vs IAC, 178 SCRA 717)
o A person in peaceful
possession of property must be
respected in his possession and
cannot be required to surrender
possession until a competent
court rules otherwise. (Edu vs
Gomez, 129 SCRA 603)
o An owner who did not object in
the State’s exercise of power of
eminent domain over his
jmvdg 10
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property is deemed to have
waived his right of action to
recover possession of his
property and is left with an
action for damages for the value
of the property taken as his only
remedy. Such denial of right to
recover is partly on the ground
of estoppel but principally for
reasons of public policy.
Rights of an owner under the Roman Law
• jus possidendi – right to possess
• jus utendi – right to use
• jus abutendi- right to consume
• jus fruendi – right to the fruits
• jus dispodendi – right to dipose
• jus vindicandi – right to recover
Actions for possession:
• Forcible entry and unlawful detainer –
within the exclusive original jurisdiction of
municipal and justice of the peace courts
o formerly referred to as accion
interdictal
Forcible entry Unlawful detainer
Summary action to Action that must be
recover material or brought when
physical possession of possession by a
real property when a landlord, vendor,
person originally in vendee or their person
possession was of any land or building
deprived thereof by is being unlawfully
force, intimidation, withheld after the
strategy, threat, or expiration or
stealth. termination of the right
to hold possession, by
virtue of any contract,
express or implied
o May be brought by
• a person deprived of the
possession of any land or
building by force, intimidation,
threat, strategy, or stealth;
(FISTS)
• a landlord, vendor, vendee or
other person against whom the
possession of any land or
building is unlawfully withheld
after the expiration or
termination of the right to hold
Civil Code, Book II
Property (Tolentino & Paras)
possession, by virtue of an
express or implied contract; or
• the legal representative or
assigns of any of such landlord,
vendor, vendee, or other person
o Must be brought within 1 year from
the unlawful deprivation or
withholding of possession.
o 1 year period commences from the
time of demand to vacate, and
when several demands are made,
the same is counted from the last
letter of demand.
o Demand may be in writing or
personal.
o No demand needed if it was
stipulated that he should vacate
the premises without necessity of
further demand upon failure to
comply with the terms of the
agreement.
o The only question involved in an
action for forcible entry and
unlawful detainer, is that of mere
physical possession, and the
decision in such action is res
judicata only on the question of
possession.
o In case judgment is issued in favor
of the plaintiff, immediate execution
may issue to prevent further
damages to him. (Patalinhug vs
CA, 137 SCRA 487)
o Sublessees are bound by the
judgment rendered against the
lessee in an ejectment case even if
they had not been made parties
thereto.
o The only damages that can be
recovered in an ejectment suit are
the fair rental value or the
reasonable compensation for the
use and occupation of the real
property.
o Moral, exemplary, and actual
damages are not considered as
rents nor reasonable compensation
for the use and occupation of the
premises nor fair rental value.
(Baen vs. CA, 125 SCRA 634)
o The defendant may set up a
counterclaim for moral damages
jmvdg 11
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and recover it if it is within the
jurisdiction of the court.
• Accion publiciana
plenary action to recover possession; must
be instituted in RTC
o Has for its object the recovery of
the dominion over the property as
owner.
o Prescriptive period is 10 years (Art.
555, No. 4)
o issue of posession de jure not
possession de facto
o issue is better right of possession
o May be instituted whenever the
owner is dispossessed by any
other means than those mentioned
in Rule 70, Rules of Court.
o It is not necessary to wait until the
expiration of one year before
commencing such action.
o It may also be brought after the
expiration of said period of one
year, if no action had been
instituted for forcible entry and
detainer during that time in the
inferior court, otherwise, there has
been res judicata and cannot be
discussed in a new action.
o Pendency of an accion publiciana
does not bar execution of a
judgment for forcible entry.
(Ramirez vs. Blesa, 106 SCRA
182)
o This will be the action for ejectment
when the possession of land by
another is due to tolerance of the
owner.
• Accion reinvindicatoria
action to recover possession based on
ownership
o Refers to restitution of the
possession only.
o Proper action in case of refusal
of a party to deliver possession
of property due to an adverse
claim of ownership.
o A suit to recover possession of
a parcel of land as an element
of ownership, brought by the
Civil Code, Book II
Property (Tolentino & Paras)
owner against the holder or
possessor of the land
o the issue involved is ownership
• Replevin – for manual delivery of
personal property; under Rule 60 of the
Rules of Court.
• Writ of possession
issued only once, and only against parties
in possession of the property at the time of
registration.
 Order directing the sheriff to
place a successful registrant
under the Torrens system in
possession
 Right of the registered owner
and his transferees to a writ of
possession never prescribes.
 Writ of possession is improper
to eject another from
possession, except in:
• Land registration
proceeding
• Extrajudicial foreclosure of
mortgage or real property
• Judicial foreclosure of
property provided that the
mortgagor has possession
and no 3rd party has
intervened
• Execution sales.
• Writ of injunction
to prevent or restrain acts of trespass and
illegal interference by others with the
possession of property
o Granted only to plaintiff who is
admittedly the owner of the
property and is in the
possession thereof.
o not a proper remedy for the
recovery of possession
o (forcible entry action) Art. 539,
NCC grants to the dispossessed
plaintiff a right, within 10 days
from the filing of the complaint,
to file a motion for writ of
preliminary injunction to restore
him in possession.
o (forcible entry action) Rule 70,
section 3, of the Rules of Court,
jmvdg 12
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allows preliminary injunction to
prevent the defendant from
committing further acts of
dispossession against the
plaintiff.
• Removal of Improvements
o petition to avail of this action is
needed for as not to violate
Commonwealth Act No. 89
Limitations on Ownership:
1. general limitations for the benefit of
the State
• power of eminent domain
• police power
**Unlike in eminent domain, the
property may be taken or destroyed
without compensation.
• power of taxation
**unlimited in force and so
searching in extent
**imposes burden which, in case of
failure to discharge it, may be
followed by seizure and sale or
confiscation of property
2. specific limitations
• legal servitude
3. limitations imposed by the party
transmitting ownership (however, law
intervenes to prevent limitations that are
arbitrary and capricious)
• by contract
• by last will
4. limitations imposed by the owner
himself
• voluntary servitude
• mortgages
• pledges
• lease right
 stipulation in inalienability
✔ if absolutely perpetual, such
stipulation is void
✔ temporary prohibition is
valid as long as it serves
some serious and lawful
interest. (if valid, the same
property is also not subject
to attachment)
✔ Maximum period of
inalienability is 20 years
(Art. 870)
Civil Code, Book II
Property (Tolentino & Paras)
 sanctions
✔ alienation may resolve the
grant, such as in the
revocation of a donation for
a breach of condition if the
original grant is conditioned
on the prohibition.
✔ Alienation may invalidated ,
but the original contract
preserved
5. inherent limitations arising from
conflicts with other similar rights
• caused by contiguity of property
Under certain conditions, it becomes necessary
for the State thus to deprive its citizens of
property or of the right for continuance of
property for the benefit of the general welfare
and prosperity its inhabitants. (police power)
“However absolute the right of an individual
may be, it is still in the nature of that right that it
must bear a portion of the public burdens and
that portion must be determined by the
legislature.” - Chief Justice Marshall of US SC
on power of taxation
ARTICLE 429. The owner or lawful possessor of a
thing has the right to exclude any person from the
enjoyment and disposal thereof. For this purpose, he
may use such force as may be reasonably necessary
to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property. (n)
Principle of self-help – authorizes the lawful
possessor to use force, not only to prevent a
threatened unlawful invasion or usurpation of
the property.
– the use of necessary force to protect
proprietary or possessory rights
constitutes a justifying circumstances
under the RPC.
– Implies that the state of things to be
defended enjoys juridical protection
– right to use force is given only to the
immediate possessor
– the possessor need not have a real or
personal right over the thing, he may
have no right over it at all.
– There must be a real aggression, an
imminent violation of law.
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– 3rd person taking necessary measure to
repel the aggression acts as a
negotiorum gestor; and if he suffers
injury in the defense, the possessor
must indemnify him.
– Right to counter force with force (Paras)
– similar with Art. 11 par. 1 of RPC (self
defense)
Actual invasion of property:
• disturbance of possession
◦ force may be used against it as long
as its continues, even beyond the
prescriptive period for an action for
forcible entry
• real dispossession
◦ force may be used only immediately
after the dispossession
◦ delay, even if excusable, such as
when due to the ignorance of the
dispossession, will bar the right to
the use of force.
Aggression must be illicit or unlawful. The right
of self-help is not available against the exercise
of right by another, neither can it be used
against the lawful exercise of the functions of a
public official.
The possessor may do all acts necessary to
repel aggression. When there are several
means available, the possessor must choose
that which shall cause the least damage to the
aggressor.
If the possessor uses force than necessary,
then he becomes liable for damages.
ARTICLE 430. Every owner may enclose or fence
his land or tenements by means of walls, ditches, live
or dead hedges, or by any other means without
detriment to servitudes constituted thereon. (388)
The right of the owner to inclose his tenement is
limited by the servitudes existing thereon.
ARTICLE 431. The owner of a thing cannot make
use thereof in such manner as to injure the rights of a
third person. (n)
When the owner of the property makes use
thereof in the general and ordinary manner in
Civil Code, Book II
Property (Tolentino & Paras)
which such property is used, nobody can
complain as having been injured because the
inconvenience can be considered as a mere
consequence of community life.
If the use of the property causes injury to 3rd
persons, the owner must be held liable for the
damages caused.
When the use of property constitutes a
nuisance, the owner is liable for damages and
at the same time, the injurious use may also be
stopped.
The fact of neighborhood imposes certain
limitations upon the extent to which an owner
may make use of his property.
An owner cannot be debarred from the
legitimate use of his property simply because it
may cause a real damage to his neighbor.
ARTICLE 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 benefited indemnity for the damage to him. (n)
“The law permits the injury or destruction of
things belonging to others provided this is
necessary to avert a greater danger or
dangers.”
• Defense against unlawful aggression
– the danger comes from another's
property
• Acts in a state of necessity - Source
of danger is immaterial
◦ the act is for the purpose of
protecting the actor himself or
another person at the expense of
the owner of the property
◦ it is necessary that the interference
with another's property be
indispensable to avert the
threatened danger or damage.
◦ All necessary measures in another's
property to avert the danger.
◦ The owner is obliged to tolerate
these acts.
▪ If through error, one believes
himself to be in a state of
jmvdg 14
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necessity, or used means in
excess of the requirements of
the situation, his act would be
illicit,and the owner of the
property can properly use
against him the defensive force
authorized in Art. 429 (self-help)
▪ The law does not require that
the person acting in a state of
necessity be free from
negligence in the creation of
such situation.
◦ Considered a justifying
circumstances under Art. 11, par.4
of RPC (Paras)
The seriousness of the danger must be much
greater than the damage to the property
affected or destroyed by the protective act.
Danger to life is always greater than damage to
property.
General rule:The owner may demand from the
person benefited indemnity for the damages to
him.(Art. 432)
Exception: If the owner of the property causing
the danger would have been responsible for
damages if the danger had not been averted,
Von Tuhr: There is no obligation to indemnify
the owner for the damage caused by the
defense against unlawful aggression or against
dangerous objects.
The obligation to indemnify does not depend
upon imputability.
The basis of the liability is the benefit derived,
similar to the reason for the rule provided in Art.
23 of NCC.
“ARTICLE 23. Even when an
act or event causing damage
to another's property was not
due to the fault or negligence
of the defendant, the latter
shall be liable for indemnity if
through the act or event he
was benefited.”
***The right of self help is NOT available
against an act in a state of necessity, because
Civil Code, Book II
Property (Tolentino & Paras)
there would be no unlawful aggression when a
person acts pursuant to a right.
ARTICLE 433. Actual possession under claim of
ownership raises disputable presumption of
ownership. The true owner must resort to judicial
process for the recovery of the property. (n)
If a person believes that he is entitled to
possession of a thing which is in the
possession of another, he may:
• demand the delivery of the possession;
or
• resort to judicial process for the
recovery of the possession. (if demand
is refused)
2 requirements to raise a disputable
presumption of ownership:
• actual possession, and
• claim of ownership
Art. 433 applies to both real and personal
properties
ARTICLE 434. In an action to recover, the property
must be identified, and the plaintiff must rely on the
strength of his title and not on the weakness of the
defendant's claim. (n)
The possessor of the property has the
presumption of title in his favor, and unless the
plaintiff proves he has better right, he cannot
recover the property form the defendant.
Requisites in an action to recover:
• proof that he has better title than the
defendant of the property
• identity of the property
The plaintiff must rely on the title on which he
founds his right of ownership and not upon the
defects in the defendant's title.
Ownership may be proved by any evidence
admissible in law.
• Fact of long possession in conjunction
with other proof of title in order to show
ownership.
• Tax declarations and receipts
accompanied by possession for a
period sufficient for prescription
jmvdg 15
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The ownership and title to land duly recorded
cannot be overcome by gratuitous title, such as
inheritance, donation, or mere tax declaration.
Composition title – proof of exclusive
ownership of the person who appears therein
as grantee
possessory information title – prima facie
evidence that the person who instituted the
proceedings holds the property as owner; and
the purchaser of the land from the holder of
such title, is prima facie the owner thereof.
ARTICLE 435. No person shall be deprived of his
property except by competent authority and for public
use and always upon payment of just compensation.
Should this requirement be not first complied with, the
courts shall protect and, in a proper case, restore the
owner in his possession. (349a)
Power of eminent domain
• essential to the general welfare of
society
• delegated power
• may be exercised only in accordance
with the due process of law.
• A statute authorizing the exercise of the
power of eminent domain should be
construed strictly in favor of the
landowners whose property is affected
by its terms.
An owner of property so occupied may, by his
acquiescence, be estopped from recovering the
property occupied or from enjoining its use.
Award of compensation is a condition
precedent for the taking of private property for
public use.
Compensation – an equivalent for the value of
the land.
Just compensation – a fair and full equivalent
for the loss sustained.
– market value not prospective value of
the condemned property to which of
course, must be added his
consequential damages, if any, or from
Civil Code, Book II
Property (Tolentino & Paras)
which must be deducted his
consequential benefits, if any.
If land is expropriated for a particular purpose
with the condition that when the purpose has
ended or abandoned the property shall return to
its former owner, then, when the purpose is
terminated or abandoned, the former owner
reacquires the property so expropriated.
Other cases of expropriation:
• private lands to be subdivided and
conveyed at cost to deserving
individuals
• private enterprises to be operated by
the Government (like transportation,
communication, etc. )
public benefit, public advantage, and public
utility – universal test of the exercise of the right
of eminent domain
ARTICLE 436. When any property is condemned
or seized by competent authority in the interest of
health, safety or security, the owner thereof shall not
be entitled to compensation, unless he can show that
such condemnation or seizure is unjustified. (n)
Police power is universally conceded to include
everything essential to the public safety, health,
and morals to justify the destruction or
abatement by summary proceedings, of
whatever may be regarded as a public
nuisance.
Unlike in eminent domain, private property may
be taken or destroyed without compensation by
virtue of the police power.
Requisites:
• public purpose
• reasonable means
ARTICLE 437. The owner of a parcel of land is the
owner of its surface and of everything under it, and he
can construct thereon any works or make any
plantations and excavations which he may deem
proper, without detriment to servitudes and subject to
special laws and ordinances. He cannot complain of
the reasonable requirements of aerial navigation.
(350a)
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The right of the landowner extends to the space
and subsoil as far as necessary for his practical
interests, or to the point where it is possible to
assert his dominion; beyond these limits, he
would have no legal interest.
Limitations:
• servitudes or easements
• special laws – like the Mining law
• ordinances
• the reasonable requirements of aerial
navigation
• principles of human relations (justice,
honesty, good faith) and prevention of
the rights of 3rd persons
ARTICLE 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 finder. If the finder 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.
(351a)
By chance
• there must be no purpose or intent to
look for the treasure (Spanish
commentators)
• good luck, implying that one who
intentionally looks for the treasure is
embraced in the provision (Dean
Capistrano & Dean Francisco)
ARTICLE 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. (352)
Hidden treasure:
• they consist of money, jewels, or other
precious objects
◦ refers only to movables
• they are hidden and unknown, such that
their finding is a real discovery.
Anyone who has absolutely no right over the
immovable or the thing in which the treasure is
found is deemed a stranger.
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
Concealment of discovered hidden treasure: ▪ extension of the right of
• finder do not lose his share ownership to the products of the
• becomes civilly and criminally liable for thing
taking something not belonging to him, ▪ natural fruits, industrial fruits,
which is the share of the landowner and civil fruits
• responsible for all the consequences of ▪ based on principles of justice
possession in bad faith with respect to ◦ continua
the loss or deterioration of the thing. ▪ acquisition of ownership over a
thing incorporated to that which
The finding must be by chance in order that a belongs to the owner
stranger may be entitled to ½ of the treasure. ▪ based on necessity and utility
▪ movables
Conflict of opinion: • conjunction or adjunction
“finder was given permission by owner to look
◦ inlcusion
make an investigation in his property”
◦ soldering
Dean Capistrano:The finding is certainly not by ◦ ferruminatio
chance. ◦ plumbatura
◦ weaving
Manresa: The finder, even if he did not discover ◦ writing
the treasure by chance, is entitled to some • specification
remuneration. • commixtion
▪ immovables
Some authors say that he is entitled to the • alluvion
whole treasure because the permission by the • force of river
owner amounts to a renunciation of rights; • change of river bed
others say only ½ because the finder would not • formation of islands
have been entitled to anything if the owner had
• building
not given him the permission.
• planting
Tolentino: Last view seems to be reasonable. • sowing
The finding is not by chance, but the finder principles:
should be entitled to a share on the basis of • that the owner of a thing belongs the
implied contract or on the principle against extension or increase of such thing
unjust enrichment. • that this extension of the right of
ownership is realized, as a general rule
CHAPTER 2 under the jurodical principle that the
RIGHT OF ACCESSION accessory follows the principal
• that the incorporation of the accessory
ARTICLE 440. The ownership of property gives the with the principal, saving the exceptions
right by accession to everything which is produced provided by law, is effected oly when
thereby, or which is incorporated or attached thereto, two things are so united that they
either naturally or artificially. (353) cannot be separated without injuring or
Accession destroying the juridical nature of one of
• right by virtue of which the owner of a them
thing becomes the owner of everything
that it may produce or which may be the right in re to the principal is also the right in
inseparably united or incorporated re to the accessory
thereto, either naturally or artificially
• Kinds: right of accession is automatic (ipso jure)
requiring no prior act on the part of the owner of
◦ dicreta
the principal.

jmvdg 17
Civil Code, Book II
Property (Tolentino & Paras)
Section 1
Right of Accession with Respect to What is
Produced by Property
Accession Discreta
• right to the ownership of fruits produced
by the property.
ARTICLE 441. To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits. (354)
Fruits
• include all products of or income from a
thing, in accordance with its economic
purpose, so long as they do not bring
about any essential alteration thereof.
• Products of the thing
• benefits and advantages from use
◦ taken into account to determine
indemnity for damages for the
unlawful detention of the thing
ARTICLE 442. Natural fruits are the spontaneous
products of the soil, and the young and other products
of animals.
Industrial fruits are those produced by lands of any
kind through cultivation or labor.
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.
(355a)
Natural fruits
• spontaneous products of the soil, and
the young and other products of
animals.
• Products of the soil in whose generation
human labor does not intervene
industrial fruits:
• those produced by lands of any kind
through cultivation or labor.
Civil fruits
• rents of buildings, the price of leases of
lands and other property and the
amount of perpetual or life annuities or
other similar income.
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ARTICLE 443. He who receives the fruits has the
obligation to pay the expenses made by a third person
in their production, gathering, and preservation. (356)
In conformity with the rule against unjust
enrichment
same rule applies if the expenses exceeds the
value of the fruits.
expenses
• the fruits must be dedicated to the
annual production, and not for the
improvement of the property
• they must not be unnecessary,
excessive, or for pure luxury, but must
be of such amount naturally required by
the condition of the work or the
cultivation made
this provision does not apply when the planter
is in good faith because in this case, he is
entitled to the fruits already received, hence
there is no necessity of reimbursing him. (Art.
544)
ARTICLE 444. Only such as are manifest or born
are considered as natural or industrial fruits.
With respect to animals, it is sufficient that they are in
the womb of the mother, although unborn. (357)
2 kinds of crops:
• annual crops
◦ deemed manifest the moment their
seedlings appear from the ground,
although the grains have not yet
actually appeared.
• perennial crops
◦ deemed to exist only when they
actually appear on the trees.
Civil fruits Industrial fruits and
natural fruits
Accrue daily and are While still growing are
therefore considered real property
in the category of
personal property
Can be pro-rated Cannot be pro-rated
Section 2
Civil Code, Book II
Property (Tolentino & Paras)
Right of Accession with Respect to Immovable
Property
accession continua
ARTICLE 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. (358)
Building – a generic term for all architectural
work with roof, built for the purpose of being
used as a man's dwelling, or for offices, clubs,
etc.
exception to this is with regard the conjugal
property (Art. 158 of the Code)
ARTICLE 446. All works, sowing, and planting are
presumed made by the owner and at his expense,
unless the contrary is proved. (359)
ARTICLE 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 indemnified for damages. (360a)
Rights and obligations of the landowner
who uses the materials of another:
• in good faith
◦ General rule: The landowner
becomes the owner of the materials
but he must pay for their value.
Exception: when the material can
be removed without injury to the
work made or to the principal, the
owner of the materials can remove
them.
• in bad faith
◦ he becomes the owner of the
materials but he must pay for their
value and damages.
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Rights and obligations of the owner of the
materials.
• Landowner acted in good faith
◦ the owner of the materials is entitled
to reimbursement
◦ he is entitled to removal, provided
no substantial injury is caused
• landowner acted in bad faith
◦ owner of the materials is entitled to
the absolute right of removal and
damages, WON substantial injury is
caused
◦ he is entitled to reimbursement and
damages in case he chooses not to
remove
if both the landowner and the owner of the
materials are in bad faith, they are considered
both to have acted in good faith.
If the Landowner is in good faith and the
landowner is in bad faith, the landowner would
not only be exempted from reimbursement, but
he would also be entitled to consequential
damages. Moreover, the owner of the materials
would lose all rights to them.
ARTICLE 448. The owner of the land on which
anything has been built, sown or planted in good faith,
shall have the right to appropriate as his own the
works, sowing or planting, after payment of the
indemnity provided for in articles 546 and 548, or to
oblige the one who built or planted to pay the price of
the land, and the one who sowed, the proper rent.
However, the builder or planter cannot be obliged to
buy the land if its value is considerably more than that
of the building or trees. In such case, he shall pay
reasonable rent, if the owner of the land does not
choose to appropriate the building or trees after
proper indemnity. The parties shall agree upon the
terms of the lease and in case of disagreement, the
court shall fix the terms thereof. (361a)
This provision gives the owner of the land the
option to acquire the improvements after
payment of the proper indemnity, or to oblige
the builder or planter to pay for the land, or the
sower to pay the rent. He cannot refuse to
exercise either option.
Reason: it is the owner of the land who is
authorized to exercise the option, because his
right is older, and because by the principle of
19
Civil Code, Book II
Property (Tolentino & Paras)
accession, he is entitled to the ownership of the
accessory of the thing.
Constructions must be of permanent character
but if it is transitory in character, there is no
accession and the proper remedy of the
landowner is an action to eject the builder from
the land.
Article is applicable only to possessors (builder,
planter, sower) in good faith.
Possessor in good faith – one who has no
knowledge of any flaw or defect in his title or
mode of acquisition
the owner of the land must pay these expenses
before acquiring the improvement.
The reference to articles 546 & 548, implies that
the builder, planter, or sower in good faith has a
right to retain, not only the improvements, but
also the land on which they have been built,
planted, or sown, the land being considered
meanwhile as an inherent part of the
improvement.
Neither of the parties may bring a reivindicatory
action against each other.
When the owner of the land elects to
appropriate the improvement, he is bound to
pay the necessary and useful expenses
incurred by the builder, planter, or sower.
Expenses
• those made for the preservation of the
thing
• those that augment the income of the
thing upon which they were spent
during the retention of the improvements
(builder, sower, planter) he is not exactly a
possessor in good faith, he is obliged to
account for such fruits, so that the amount
thereof may be deducted from the amount of
indemnity to be paid to him by the owner of the
land.
In case alienation of the property to a 3 rd party,
who shall borne the indemnity to the possessor
in good faith?
jmvdg 20
AUF School of Law
• Manresa:
◦ possessor may proceed against the
3rd party, without prejudice to the
action which the latter may have
against his grantor
◦ reason: allowing the possessor to
bring his action against the former
owner would be equivalent to
permitting an action against one
who cannot profit at all from the
accession because he is no longer
the owner of the land.
• Ricci:
◦ it is possible that the new owner
may have paid the improvements
when he paid the property to the
vendor
◦ if the new owner is sued by the
possessor, and he has already paid
the improvements thereon, he may
recover from the original owner
what he has paid as the value of
such improvements, if he did not
pay the value, he alone is liable
therefor to the possessor
• Tolentino:
◦ obligation of the landowner to pay
indemnity is personal and in the
absence of an agreement to the
contrary, is not transmitted to the
vendee is the thing is sold before
the indemnity has been paid, unless
such obligation appears in the
Registry of Property.
◦ It can be presumed that the vendor
has added the value of the
improvements in fixing the price of
the land
option of the landowner may be denied if it
stands in contrasts with the power of eminent
domain of the government.
The owner of the land cannot compel the
builder or planter to pay for the land, if its value
is considerably more than that of the building or
trees. (option of OL: appropriate the
improvements or to lease the land to the builder
or planter at a reasonable rent)
Civil Code, Book II
Property (Tolentino & Paras)
this and the following articles are not applicable
to cases where there is a contractual relation
between the parties.
This article will apply with respect to land of
public dominion occupied in good faith by 3rd
persons.
Ownership over the accessory passes only
after payment of the indemnity
ARTICLE 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. (362)
ARTICLE 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. (363a)
Alternative rights of the owner of the land on
which anything has been built, planted or sown:
• appropriate what has been built, planted
or sown without any obligation to pay
indemnity
• to ask the builder, planter or sower to
remove what he has built, planted or
sown.
• To compel the builder or planter to pay
the value of the land or the sower the
proper rent.
unless the owner insists in absolute compliance
with the terms of Art. 449, the builder, planter,
or sower may remove his materials, paying the
landowner the damages he may suffer provided
the land does not suffer any injury thereby.
Art. 449 is an exception to Art. 443 (only if the
improvements are not yet severed, gathered, or
harvested)
ARTICLE 451. In the cases of the two preceding
articles, the landowner is entitled to damages from the
builder, planter or sower.
ARTICLE 452. The builder, planter or sower in bad
faith is entitled to reimbursement for the necessary
jmvdg 21
AUF School of Law
expenses of preservation of the land. (n)
If the builder, planter, or sower in bad faith has
made necessary expenses for the presevation
of the land itself, he is entitled to reimbursment
for such expenses. He losses the accessory or
improvement, but he is not deprived of his right
to collect what he has spent to preserve the
principal.
Land taxes are considered as necessary
expenses and must be reimbursed, regardless
of the bad faith of the builder, planter, or sower.
ARTICLE 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. (364a)
Reason: he who knowingly allows himself to be
deceived may not complain as a deceived
person. The bad faith of one party extinguishes
or neutralizes the bad faith of the other.
Presumption: with the unlawful trespass upon
the land, the building, planting or sowing was
commenced without the knowledge and
consent of the owner thereof.
Bad faith of the builder, planter or sower –
when he builds, plants, or sows knowing that
the land does not belong to him and he has no
right to build, plant or sow thereon.
Bad faith of the land owner - whenever the
act was done with his knowledge and without
opposition on his part.
ARTICLE 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. (n)
Art. 447; the owner of the land is considered as
having made the building, planting, or sowing
through the builder, planter, or sower, with
materials belonging to the latter, and therefore
he should pay the value of the materials plus
damages because of his bad faith.
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 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.
(365a)
Rights of the owner of the materials
(OM = owner of the materials)
(OL = owner of the land)
(BPS = Builder, Planter, Sower)
1. General rule: OL is subsidiarily liable for
the value of the materials
except when he makes use of his right
to compel the builder, planter, or sower
in bad faith to remove the
improvements.
2. OM – acted in good faith
OL – acted in good faith, appropriates
the improvements
BPS – bad faith
◦ rights of OM against BPS
(value of materials + damages)
◦ right of OM if BPS is insolvent
(value of the property)
3. OM acted in bad faith, he will lose his
materials without the right to indemnity
4. all three acted in bad faith, their rights
will be determined as if all of them acted
in good faith
ARTICLE 456. In the cases regulated in the
preceding articles, good faith does not necessarily
exclude negligence, which gives right to damages
under article 2176. (n)
ARTICLE 457. To the owners of lands adjoining the
banks of rivers belong the accretion which they
gradually receive from the effects of the current of the
waters. (336)
Alluvion
• soil deposited or added to the lands
adjoining the banks of rivers, and
gradually received as an effect of the
current of the rivers.
jmvdg 22
AUF School of Law
• reason: nobody can prove ownership
over such gradual accumulation of
sediment; nobody can tell from whose
lands they come and expediency
dictated that they be given to the owner
of the land on which they are deposited
for he can best utilize them
• registration under the Torrens system
does not protect the riparian owner
against the loss or diminution of the
area of his land through gradual
changes in the course of an adjoining
stream.
• Requisites:
◦ the deposit be gradual and
imperceptible
◦ it be made through the currents of
the river
◦ that the land where accretion takes
place is adjacent to the banks of the
river.
• Does not include deposits made by
human intervention.
• The owner of the riparian land does not
have to make an express act of
possession.
Banks of a river – lateral strips of zones of its
bed which are washed by the stream only
during such high floods as do not cause
inundations or to the point reached by the river
at high tide.
ARTICLE 458. The owners of estates adjoining
ponds or lagoons do not acquire the land left dry by
the natural decrease of the waters, or lose that
inundated by them in extraordinary floods. (367)
Exception to alluvion.
The provision refers to ponds or lagoons and
therefore has no application to lakes.
Pond – a body of stagnant water without an
outlet, larger than a puddle and smaller than a
lake.
Lake – body of water formed in depression of
the earth, ordinarily of fresh water coming from
rivers,brooks, or springs, and connected with
the sea by them.
Civil Code, Book II
Property (Tolentino & Paras)
Lagoon – a small lake, ordinarily of fresh water,
and not very deep, fed by floods, the hollow bed
of which is bound by elevation of land.
ARTICLE 459. Whenever the current of a river,
creek or torrent segregates from an estate on its bank
a known portion of land and transfers it to another
estate, the owner of the land to which the segregated
portion belonged retains the ownership of it, provided
that he removes the same within two years. (368a)
Avulsion
• transfer of a known portion of land from
one tenement to another by the force of
the current
• if the owner of the land transferred
failed to remove the mass of land within
the 2 years prescriptive period, the
owner of the land to which it was
transferred shall have the ownership
over it. (following the Chile Code)
• the law preserves the right of the
original owner to recover and remove
his property; but at the same time, the
law creates a prescription in favor of the
person asserting accession if the
former's right is not exercised within 2
years.
• When the known portion taken by the
current of the waters from one tenement
is left in the middle of the stream, not
united to any other tenement, the owner
preserves his right of ownership over
said portion.
Alluvion Avulsion
The deposit of the soil Sudden or abrupt
is gradual process may be seen
Soil cannot be Soils is identifiable or
identified verifiable
Belongs to owner of Belongs to the owner
property to which it is from whose property it
attached was detached
ARTICLE 460. Trees uprooted and carried away by
the current of the waters belong to the owner of the
land upon which they may be cast, if the owners do
not claim them within six months. If such owners claim
them, they shall pay the expenses incurred in
gathering them or putting them in a safe place. (369a)
jmvdg 23
AUF School of Law
The owner if the land upon which the tress have
been cast, may have transplanted them on his
own land in order to preserve them.
Notwithstanding this, their former owner sill
preserves his ownership within the period of 6
months, and he may get them back, paying the
expenses incurred in their preservation.
ARTICLE 461. River beds which are abandoned
through the natural change in the course of the waters
ipso facto belong to the owners whose lands are
occupied by the new course in proportion to the area
lost. However, the owners of the lands adjoining the
old bed shall have the right to acquire the same by
paying the value thereof, which value shall not exceed
the value of the area occupied by the new bed. (370a)
It is sufficient that there be some reasonable
indication on the ground of the abandoned bed,
and that there be sufficient evidence showing
that the river changed its course not gradually
but suddenly and abruptly.
Once the river bed has been abandoned, the
owners of the invaded land become owners of
the abandoned bed to the extent provided by
the article. The acquisition of ownership is
automatic.
The article refers to a natural change in the
course of a stream.
This article do not apply in cases where the
river simply dries up.
• If the river dries up, the land will belong
to the government
◦ river banks are part of public
dominion
◦ no private property or land is
injured.
ARTICLE 462. Whenever a river, changing its
course by natural causes, opens a new bed through a
private estate, this bed shall become of public
dominion. (372a)
River bed – ground covered by its waters
during ordinary floods.
ARTICLE 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. (374)
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
Section 3
This article refers to all rivers, whether Right of Accession with Respect to Movable
navigable or not. Property

ARTICLE 464. Islands which may be formed on the accessions in movables

seas within the jurisdiction of the Philippines, on lakes,
and on navigable or floatable rivers belong to the
State. (371a)
These islands form part of the patrimonial
property of the State, which may sell them.
Navigable river – one which in its natural state
affords a channel for useful commerce and not
such as is only sufficient to float a banca or a
canoe.
• conjunction – 2 different things are so
united that they from a single object, but
each component part preserves its
nature
• specification – it is a work of a third
person that is united with the property of
another
• Commixtion – implies a greater inter-
penetration and even decomposition of
the things mixed

The State has the duty to declare which rivers ARTICLE 466. Whenever two movable things
belonging to different owners are, without bad faith,
are navigable and which are not.
united in such a way that they form a single object, the
owner of the principal thing acquires the accessory,
ARTICLE 465. Islands which through successive indemnifying the former owner thereof for its value.
accumulation of alluvial deposits are formed in non- (375)
navigable and non-floatable rivers, belong to the
Adjunction or conjunction
owners of the margins or banks nearest to each of
them, or to the owners of both margins if the island is • happen only when the two things united
in the middle of the river, in which case it shall be cannot be separated without injury to
divided longitudinally in halves. If a single island thus them.
formed be more distant from one margin than from the • Requisites:
other, the owner of the nearer margin shall be the sole
owner thereof. (373a) ◦ 2 things belong to different owners
◦ they form a single object, or that
their separation will impair their
Article 465 refers only to islands formed in non- nature
navigable waters because islands formed in
• kinds:
navigable waters belong to the State
◦ inclusion
reason: a preferential right is given to those ◦ soldering
who are nearest to the island because they are ◦ escritura
in the best position to cultivate and attend to the ◦ pintura
exploitation of such island. ◦ weaving

Article does not include:
• those formed by the branching of the
river
• those which are known portions of land
from a tenement and deposited in the
middle of the stream
ARTICLE 467. The principal thing, as between two
things incorporated, is deemed to be that to which the
other has been united as an ornament, or for its use
or perfection. (376)
Criteria to determine principal:
• importance or purpose of the thing
• value of the things
• volume

ARTICLE 468. If it cannot be determined by the

rule given in the preceding article which of the two
things incorporated is the principal one, the thing of

jmvdg 24
Civil Code, Book II
Property (Tolentino & Paras)
the greater value shall be so considered, and as
between two things of equal value, that of the greater
volume.
In painting and sculpture, writings, printed matter,
engraving and lithographs, the board, metal, stone,
canvas, paper or parchment shall be deemed the
accessory thing. (377)
If test insufficient:
take into consideration all the provisions
applicable in order to decide from the
comparative merits, utility, and volume of the
things.
ARTICLE 469. Whenever the things united can be
separated without injury, their respective owners may
demand their separation.
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 suffer
some injury. (378)
Covers only adjunction by inclusion and
soldering.
The expenses for the separation of the objects
should be borne by the owner who caused the
union or incorporation.
ARTICLE 470. 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 suffered.
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.
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. (379a)
ARTICLE 471. Whenever the owner of the material
employed without his consent has a right to an
indemnity, he may demand that this consist in the
delivery of a thing equal in kind and value, and in all
other respects, to that employed, or else in the price
thereof, according to expert appraisal. (380)
The right conferred by this article pertains to the
owner of the principal as well as to that of the
jmvdg 25
AUF School of Law
accessory, because no distinction is made
between one and the other.
Indemnity may be paid either by:
• delivery of the thing equal in kind and
value; or
• payment of price as appraised by
experts.
ARTICLE 472. If by the will of their owners two
things of the same or different 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. (381)
Commixtion (solid) or confusion (liquid)
• if the things mixed are of different kind
and quality, co-ownership will arise
• if the things mixed are of the same kind
and quality, there is NO conflict of rights
ARTICLE 473. If by the will of only one owner, but
in good faith, two things of the same or different kinds
are mixed or confused, the rights of the owners shall
be determined by the provisions of the preceding
article.
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. (382)
The law does not expressly provide for cases in
which there was bad faith on the part of both
owners.
Principle that the bad faith of the one
neutralizes the bad faith of the other, is
applicable.
ARTICLE 474. One who in good faith employs the
material of another in whole or in part in order to make
a thing of a different kind, shall appropriate the thing
thus transformed as his own, indemnifying the owner
of the material for its value.
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 first paying
indemnity for the value of the work, or demand
indemnity for the material.
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 maker, or to demand of the latter that
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
he indemnify him for the value of the material and the
damages he may have suffered. However, the owner ARTICLE 475. In the preceding articles,
of the material cannot appropriate the work in case sentimental value shall be duly appreciated. (n)
the value of the latter, for artistic or scientific reasons,
is considerably more than that of the material. (383a)
CHAPTER 3
QUIETING OF TITLE
Specification
• giving of a new form to another's • an action to quiet title to property or to
material through the application of remove a cloud thereon is a remedy of
labor. form of proceeding originating in equity
• it is not possible to separate the jurisprudence, which has or its purpose
material that has been used and the an adjudication that a claim of title to or
form, creation or work which has been an interest in property, adverse to that
employed or given in it. of the complainant, is invalid, so that the
• Transformation need not be made complainant and those claiming under
personally by the one who makes use him may be forever afterward free from
of the materials; it may be made any danger of the hostile claim.
through others working under his
• A proceeding that is quasi in rem.
orders.
• Extends only to real properties. Except:
Bad faith: ◦ those with registries for their
• by worker transfers which may be treated to
some extent in the same manner as
◦ OM may appropriate the work or
real property
demand indemnity
◦ personal property affected by
◦ in case the finished work is of
registered chattel mortgages
greater value than the materials,
OM may only ask for indemnity
• by owner of the materials Action to quiet title Suit to remove a
◦ Art. 470 should apply cloud
Substantially an action Intended to procure
in case the materials belong to different owners, for the purpose of the cancellation,
the thing belongs in common to both putting an end to delivery of, release of
proprietors, the share of the one in proportion to vexatious litigation in an instrument,
the value of the materials which belonged to respect to the property encumbrance, or
him and of the price of the workmanship involved claim constituting a
claim on plaintiff's title
Adjunction Mixture Specification The plaintiff asserts Plaintiff not only
Involves at Involves at May involve his own estates and declares his title, but
least 2 things least 2 things only 1 thing declares generally that also avers the source
defendant claims and nature of
As a rule, As a rule, co- As a rule, some estate in the defendant's claim,
accessory ownership accessory land, without defining points out its defects,
follows the results follows it and pray that it be
principal principal declared void.
The things The things The new
joined retain mixed or object retains Reasons:
their nature confused may or preserves 1. the prevention of litigation
either retain or the true nature 2. the protection of the true title and
lose their of the original possession
respective object 3. the real interest of both parties, and that
nature of right and justice, which require that
the precise state of the title be known

jmvdg 26
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 476. Whenever there is a cloud on title to
real property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding
which is apparently valid or effective but is in truth and
in fact invalid, ineffective, voidable, or unenforceable,
and may be prejudicial to said title, an action may be
brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from
being cast upon title to real property or any interest
therein.
Cloud on title – an outstanding instrument,
record, claim, encumbrance, or proceeding
which is actually invalid or inoperative, but
which may nevertheless impair or affect
injuriously the title to the property.
• Must have a prima facie appearance of
validity or legal efficacy
• must be prima facie substantial. The
claim constituting the alleged cloud
must be such as to cause a reasonable
fear that it may at some time be
asserted against the owner vexatiously
or injuriously.
• General rule: not created by mere
verbal or parol assertion of ownership of
or an interest in property.
◦ Except: where there is a written or
factual basis for the asserted right.
• illustrations
◦ title or lien which appears to have
been procured by fraud, deceit, or
misrepresentations
◦ forged instruments
◦ unauthorized or prohibited
conveyances or encumbrances by
incapacitated persons
◦ taxes levied on exempt property
and apparently valid tax sales and
conveyance of such property
◦ conveyance which is executed by
one whose title to the property had
been divested
◦ grant which is shown to have been
subject to a condition precedent
where it appears that the condition
has not been performed
◦ tax sale or a tax deed which is
invalid by reason of the prior
payment of the tax in question
jmvdg 27
AUF School of Law
◦ contract of sale which has been
rescinded or forfeited as a result of
the purchaser's abandonment of the
contract or by his default in
performance
◦ conveyance by one who after the
execution of the deed was declared
insane
ARTICLE 477. The plaintiff must have legal or
equitable title to, or interest in the real property which
is the subject matter of the action. He need not be in
possession of said property.
General rule: the plaintiff must have a legal title
to the property in question or some interest
therein, and be in possession thereof, at the
institution of the action.
In Philippine Code: one who has an equitable
title to property may maintain an action to quiet
title or remove cloud thereon.
ARTICLE 478. There may also be an action to
quiet title or remove a cloud therefrom when the
contract, instrument or other obligation has been
extinguished or has terminated, or has been barred by
extinctive prescription.
The title to property may be quieted with
respect to any instrument which has become
functus oficio by reason of facts which can be
shown only by extrinsic evidence
courts will remove a cloud which is cast upon
the title to property by lien, interest, or title
which has become barred and unenforceable
by reason of delay and laches or the running of
the statute of limitations.
ARTICLE 479. The plaintiff must return to the
defendant all benefits he may have received from the
latter, or reimburse him for expenses that may have
redounded to the plaintiff's benefit.
“he who seeks equity must do equity.”
a restoration of benefits will be required in any
case where the plaintiff is shown to be morally
bound to reimburse the defendant.
ARTICLE 480. The principles of the general law on
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
the quieting of title are hereby adopted insofar as they authorities. (390a)
are not in conflict with this Code.
Under Art. 2191, par. 3 of the present Code,
The opinion has been expressed that cloud on proprietors are responsible for damages caused
a title, such as requires the intervention of a by the falling of trees situated at or near
court of equity to remove, must be one which highways or lenes, unless it is caused by force
the applicant has not created, and is under no majeure.
personal obligation to discharge or remove
TITLE III
Petition for quieting of title should take CO-OWNERSHIP
precedence over ejectment case to prevent
multiplicity of suits ARTICLE 484. There is co-ownership whenever
the ownership of an undivided thing or right belongs to
ARTICLE 481. The procedure for the quieting of different persons.
title or the removal of a cloud therefrom shall be In default of contracts, or of special provisions, co-
governed by such rules of court as the Supreme Court ownership shall be governed by the provisions of this
shall promulgated. Title. (392)

CHAPTER 4 Co-ownership
RUINOUS BUILDINGS AND TREES IN • undivided thing or right belongs to 2 or
DANGER OF FALLING more persons
• right of common dominion which two or
ARTICLE 482. If a building, wall, column, or any more persons have in a spiritual part of
other construction is in danger of falling, the owner a thing, not materially or physically
shall be obliged to demolish it or to execute the divided. (Sanchez)
necessary work in order to prevent it from falling. • manifestation of the private right of
If the proprietor does not comply with this obligation,
the administrative authorities may order the demolition
ownership, which instead of being
of the structure at the expense of the owner, or take exercised by the owner in an exclusive
measures to insure public safety. (389a) manner of the things subject to it, is
exercised by two or more owners and
Art. 2190: the proprietor of the building or
the undivided thing or right to which it
structure is responsible for the damages
refers is one and the same. (Manresa)
resulting from its total or partial collapse, if it
should be due to the lack of necessary repairs. • characteristics:
◦ plurality of subjects (co-owners)
Art. 2192: the person who suffers damages as ◦ unity of or material indivision of an
a result of the collapse of a building should object
proceed against the engineer, architect or ◦ recognition of ideal shares of each
contractor who built the structure, if the collapse co-owners
is due to the latter's fault. • relationship of co owners is fiduciary
• causes of co-ownership:
The owner of the building is liable for injuries ◦ the law
caused to others by its lack of repair, whether ▪ party wall
the injured party be a tenant or 3rd person. ▪ fences
• He is liable WON he had actual ▪ hedges
knowledge of the ruined condition of the ▪ legal conjugal partnership
premises. ◦ contracts
ARTICLE 483. Whenever a large tree threatens to ◦ succession
fall in such a way as to cause damage to the land or
tenement of another or to travelers over a public or
◦ fortuitous event or chance
private road, the owner of the tree shall be obliged to ◦ occupancy
fell and remove it; and should he not do so, it shall be
done at his expense by order of the administrative

jmvdg 28
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
Co-Ownership / Joint ownership/ Distribution of profits Distribution of profits
tenancy in common joint tenancy is subject to is invariable by virtue
stipulations of Art. 485
Involves a physical Involves a physical
whole with an ideal whole with no ideal or
division, each co- abstract division
owner being the owner
of his own ideal share ARTICLE 485. The share of the co-owners, in
The heirs of the Joint owner's rights of the benefits as well as in the charges, shall be
deceased co-owner ownership are proportional to their respective interests. Any
inherit his share in the extinguished upon his stipulation in a contract to the contrary shall be
property owned in death void.
common The portions belonging to the co-owners in the
co-ownership shall be presumed equal, unless
Co-owner can dispose A joint owner cannot the contrary is proved. (393a)
of his undivided share sell his undivided
This article grants each co-owner the right to
freely share without the
use the property for the purpose intended.
consent of the other
joint owners
The accretion added to any portion of land
owned in common becomes part of the property
in co-ownership.
Partnership Co-ownership
Created only by May arise from other ARTICLE 486. Each co-owner may use the thing
agreement or contract causes owned in common, provided he does so in
accordance with the purpose for which it is intended
to that effect
and in such a way as not to injure the interest of the
Purpose: to obtain Purpose:collective co-ownership or prevent the other co-owners from
profit enjoyment and to using it according to their rights. The purpose of the
co-ownership may be changed by agreement, express
maintain the unity and or implied. (394a)
preservation of the
thing owned in
common Limitations of a co-owner's rights:
• use of the things owned in common to
There is a juridical No such juridical entity the purpose for which it was intended
entity distinct from the exists ◦ to know the purpose, the
members agreement, express or implied, of
May be created for a Stipulation to create the parties should govern
period of 10 years co-ownership for a ◦ in default of the agreement, use
period is void which it is ordinarily adapted
There is mutual SPA would be needed according to its nature, or the use
representation by the for such which it has been previously
partner representation devoted
◦ mere tolerance on the part of the
Partner cannot There is freedom of co-owners cannot legalize the
transfer his rights to disposition of share change in the use of a thing from
3rd person without the that intended by the parties
consent of the other • without prejudice to the interests of the
partners co-ownership
Can be extinguished Death or incapacity of ◦ a co-owner cannot devote
by the death or the co-owner have no community property to his exclusive
incapacity of the effect on the existence use to the prejudice of the co-
partners of the co-ownership ownership

jmvdg 29
Civil Code, Book II
Property (Tolentino & Paras)
• without preventing the other co-owners
from making use of the same according
to their own rights
◦ the co-owners may establish rules
regarding their use of the thing
owned in common
◦ in default of an agreement, there
should be a just and equitable
distribution of uses among all the
co-owners
remedy of co-owners:
• the remedies available to owners in
general
ARTICLE 487. Any one of the co-owners may bring
an action in ejectment. (n)
This article covers all kinds of actions for the
recovery of possession (accion interdictal,
accion publiciana, accion reivindicatoria,
quieting of title. replevin)
a co-owner may bring an action to exercise and
protect the rights of all.
The action referred to in this article may be
brought, not only against 3 rd persons, but even
against co-owner who takes exclusoive
possession and asserts ownership in himself
alone.
ARTICLE 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.
(395a)
The article refers to necessary expenses for the
preservation of the thing and does not include
useful expenses.
Necessary expenses – all those, which, if not
made, would endanger the existence of the
thing or reduce its value or productivity.
Remedy against defaulting co-owner:
• compel him to contribute such share.
jmvdg 30
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Renunciation
• The renunciation referred to in this
article must be expressly made.
• Way where co-owner may exempt
himself from this duty to reimburse
• covers only necessary expenses like
those for the preservation of the
property and not for useful
improvements, even if the value of the
property is thereby increased, the
purpose of co-ownership is not for profit
ARTICLE 489. Repairs for preservation may be
made at the will of one of the co-owners, but he must,
if practicable, first 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. (n)
This article authorizes any co-owner to advance
the expenses for preservation. He may advance
the necessary expenses and recover from the
others their respective shares.
As to expenses for preservation, the will of one
of the co-owners is sufficient authority for
making or incurring them. If, however, due to
the opposition of some co-owners, the repairs
are not undertaken and the property
deteriorates or is ruined, then those who
opposed such repairs shall pay the losses and
damages suffered by the community.
The present article requires that, if practicable,
notice in the necessity of the repairs be given to
the other co-owners but does not state the
effect of the failure to give such notice.
The only effect of the failure to give the required
notice, is to place upon the co-owner who
makes the advances the burden of proving the
necessity of the repairs and the reasonableness
of the expenses.
Number of co-owners who must consent
• repairs, ejectment, action – ONE
• alterations or acts of ownership – ALL
• all other, like useful improvements,
luxurious embellishments,
administration, and better enjoyment –
FINANCIAL MAJORITY
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 490. Whenever the different stories of a
house belong to different 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 floor of his story; the floor 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 first story
shall be maintained at the expense of all the owners
pro rata, with the exception of the owner of the ground
floor; the stairs from the first to the second story shall
be preserved at the expense of all, except the owner
of the ground floor and the owner of the first story; and
so on successively. (396)
Condominiums
• an interest in real property consisting of
separate interest in a unit in a
residential, industrial or commercial
building and an undivided interest in
common, directly or indirectly, in the
land on which it is located and in other
common areas of the building. (RA
4726, Condominium Act)
• each unit belongs separately to one or
more persons, do not constitute a co-
ownership as provided for and
governed by the Civil Code.
• Partly co-ownership and partly under
individual separate ownership.
• The owners of the various units own
undivided spiritual interests in such
common areas in proportion to these
separate interest in their respective
units
• aliens may own a condominium only
through a condominium corporation
where they become stockholders only,
subject to the 60/40 limit in the
Constitution
• Sec. 8 & 13 of Condominium Act,
grounds for partition and dissolution of
condominium corporation
ARTICLE 491. None of the co-owners shall,
without the consent of the others, make alterations in
the thing owned in common, even though benefits for
jmvdg 31
AUF School of Law
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 afford adequate relief. (397a)
Alteration
• a change
◦ which is more or less permanent
◦ which changes the use of the thing
◦ which prejudices the condition of
the thing or ots enjoyment by others
• act by virtue of which a co-owner, in
opposition to the common agreement,
changes the thing from the state in
which the other believe it should
remain, or withdraws it from the use to
which they desire it to be intended
• refers to change that modifies and
limits, and above all, prejudices the
condition of the things or its enjoyment
by the others.
• Art. 491 refers to alterations or
transformations which change the
essence and nature of the thing; they
require the unanimous consent of all the
co-owners.
Examples of alterations:
• sale, donation, mortgage, etc. of the
whole property
• sale, donation, mortgage, etc of a part
of the property but with definite
boundaries
• voluntary easement
• lease of real property if
◦ the lease is recorded
◦ lease is for more than 1 year
• any other act of strict dominion or
ownership
illegal alteration:
• alteration made without the express or
implied consent of the other co-owners
• effects:
◦ co-owner responsible may lose
what he has spent
◦ demolition can be compelled
◦ he would be liable for losses and
damages
◦ BUT whatever benefits the co-
ownership derives will belong to it
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 492. For the administration and better
enjoyment of the thing owned in common, the
resolutions of the majority of the co-owners shall be
binding.
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.
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 provision shall apply only to
the part owned in common. (398)
Characteristics of acts of administration:
• refer to the enjoyment and preservation
of the thing
• they have transitory effects
Administration Alteration
Refer to the Have a more
enjoyment of the thing permanent result and
and are transitory relate to the
character substance or form of
the thing
Under the present Code, the lease ceases to be
an act of administration when it is to be
recorded in the Registry of Properties.
A special power of the administrator is required
when the property is leased for more than 1
year.
ARTICLE 493. Each co-owner shall have the full
ownership of his part and of the fruits and benefits
pertaining thereto, and he may therefore alienate,
assign or mortgage it, and even substitute another
person in its enjoyment, except when personal rights
are involved. But the effect of the alienation or the
mortgage, with respect to the co-owners, shall be
limited to the portion which may be allotted to him in
the division upon the termination of the co-ownership.
(399)
Before the partition of the land or thing held in
common, no individual or co-owner can claim
title to any definite portion thereof. All that the
co-owner has is an ideal or abstract quota or
proportionate share in the entire land or thing.
jmvdg 32
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Even if a co-owner sells the whole property as
his, the sale will affect only his own share, but
not those of the other co-owners who did not
consent to the sale.
With the express consent of the other co-
owners, however, one co-owner can alienate or
encumber any definite or specific physical part
of the property, materially delimited or
separated with the consent of all the co-owners,
without segregating it as an independent
property.
Limitations:
• rights which are purely personal
• he cannot make a dispositin for the
purpose of giving the thing different use
from that agreed upon by the co-owners
or adapted to its nature
ARTICLE 494. No co-owner shall be obliged to
remain in the co-ownership. Each co-owner may
demand at any time the partition of the thing owned in
common, insofar as his share is concerned. aisa dc
Nevertheless, an agreement to keep the thing
undivided for a certain period of time, not exceeding
ten years, shall be valid. This term may be extended
by a new agreement.
A donor or testator may prohibit partition for a period
which shall not exceed twenty years.
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 against his co-owners or co-heirs so long as he
expressly or impliedly recognizes the co-ownership.
(400a)
Termination of co-ownership:
• by the consolidation in only one of the
owners of all the shares of the others
• by the destruction of the thing or the
loss of the right
• by prescription in favor of a 3rd person
• by the partition which converts into
certain and definite parts the respective
undivided shares of the co-owners
Action for Partition
• one who holds property in common and
pro-indiviso with others has a perfect
right to have a division made of the
same
• exceptions:
Civil Code, Book II
Property (Tolentino & Paras)
◦ when the co-owners have agreed to
continue in the co-ownership for the
period permitted by law
◦ when the co-ownership is imposed
as a condition in a donation or a will
◦ when form the very nature of the
community it cannot be legally
divided, such as in party walls and
the conjugal partnership
◦ when the partition or division will
render the thing unserviceable for
the use and purpose for which it
was intended.
• A stipulation to keep the thing undivided
is a renunciation by the co-owner of his
right to ask for partition at any time.
◦ The period of indivision cannot be
more than 10 years
• imprescriptible as long as the co-
ownership is recognized
◦ ordinarily, possession by one co-
owner will not be presumed to be
adverse to the others, but will as a
rule be held to benefit all
◦ the imprescriptibility of the action
cannot be invoked when one of the
co-owners has thus possessed the
property as exclusive owner, and for
a period sufficient to acquire it by
prescription.
• procedure is laid down in Rule 69 of the
Rules of Court
ARTICLE 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-ownership may be
terminated in accordance with article 498. (401a)
This article merely prevents material or physical
division of the thing owned in common, but
does not preclude the termination of the
juridical condition of the co-ownership by such
means as the adjudication to one co-owner or
the sale of the property and the division of its
proceeds.
ARTICLE 496. Partition may be made by
agreement between the parties or by judicial
proceedings. Partition shall be governed by the Rules
of Court insofar as they are consistent with this Code.
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Partition
• division between 2 or more persons of
real or persona property which they own
as co-partners, joint tenants or tenants
in common, effected by the setting apart
of such interest so that they may enjoy
and possess it in severalty.
• May be agreed orally or in writing
• Statute of Frauds has no operation in
this kind of agreement
• An action for partition may be seen to
present simultaneously two principal
issues.
◦ First, there is the issue of whether
the plaintiff is indeed a co-owner of
the property sought to be
partitioned.
◦ Second, assuming that the plaintiff
successfully hurdles the first issue,
there is the secondary issue of how
the property is to be divided
between plaintiff and defendant(s)
— i.e., what portion should go to
which co-owner.
• The partition proceedings shall not
prejudice, defeat, or destroy the right or
title of any person claiming the real
estate involved in the action by title
under any other person, or by title
paramount to the title of the parties
among whom the partition may have
been made.
ARTICLE 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 effected
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. (403)
The law does not distinguish the kinds of
creditors who are given rights under this article.
What is indispensable is that they became
creditors during the co-ownership; hence those
who became creditors before the formation of
the co-ownership or after the agreement of
partition, cannot be considered as within the
scope of this article.
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
Assignee – transferee of part of the interest of TITLE V
the co-owner POSSESSION
– under this article, the assignee referred CHAPTER 1
to is that one to whom there has been POSSESSION AND THE KINDS THEREOF
no delivery of the interests assigned to
him, and therefore has only a personal ARTICLE 523. Possession is the holding of a thing
right against the assignor. or the enjoyment of a right. (430a)

The right of the creditors and assignees of co- Possession

owners to take part in the division of the thing • holding of a thing or right, whether by
owned in common presupposes the duty of material occupation or by the fact that
those asking for division to notify such creditors the thing or the right is subjected to the
and assignees. If the notice is not given, the action of our will.
division is not binding on them.
• always include the idea of occupation
• detention or enjoyment of a thing or
ARTICLE 498. Whenever the thing is essentially right which a man holds or exercises by
indivisible and the co-owners cannot agree that it be
allotted to one of them who shall indemnify the others,
himself or by another who keeps or
it shall be sold and its proceeds distributed. (404) exercises it in his name.
• Elements
Although Art. 495, a thing which cannot be ➢ occupancy, apprehension or taking
divided because it will become unserviceable ➢ intent to possess (animus
cannot be partitioned,this article shows juridical possidendi)
dissolution of the co-ownership over such thing • degrees of possession
is possible, by adjudication to one of the co- ➢ mere holding without title
owners or by the sale of the thing. whatsoever,and in violation of the
right of the owner
ARTICLE 499. The partition of a thing owned in ➢ possession with juridical title, but
common shall not prejudice third persons, who shall not that or ownership
retain the rights of mortgage, servitude or any other ➢ possession with a just title, or a title
real rights belonging to them before the division was sufficient to transfer ownership, but
made. Personal rights pertaining to third persons not from the true owner
against the co-ownership shall also remain in force,
notwithstanding the partition. (405) ➢ possession with a just title from the
true owner.
• Classes of possession
All those who did not intervene in the partition
➢ concept of owner or concept of
are 3rd persons with respect to such partition.
holder
➢ possession by oneself or
ARTICLE 500. Upon partition, there shall be a
possession in the name of another
mutual accounting for benefits received and
reimbursements for expenses made. Likewise, each ➢ possession in good faith and
co-owner shall pay for damages caused by reason of possession in bad faith.
his negligence or fraud. (n) • The distinction between natural and civil
possession has been abolished
ARTICLE 501. Every co-owner shall, after partition,
be liable for defects of title and quality of the portion ARTICLE 524. Possession may be exercised in
assigned to each of the other co-owners. (n) one's own name or in that of another. (413a)
Reciprocal warranty exist with respect to the
title and defects of the property Possession in another's name
• may either be necessary or voluntary
• this person merely acts in the name of
another, and is a mere instrumentality in
the exercise of the latter's possession.

jmvdg 34
Civil Code, Book II
Property (Tolentino & Paras)
• One who is exercising the possession
of another is not really in possession
ARTICLE 525. The possession of things or rights
may be had in one of two concepts: either in the
concept of owner, or in that of the holder of the thing
or right to keep or enjoy it, the ownership pertaining to
another person. (432)
Possession of holder
• acknowledges in another a superior
right which he believes to be ownership,
whether his belief be right or wrong.
• Does not assert ownership in himself
over the thing
• it is thus possible that a person may
exercise ownership in concept of
holder, and another possession as
owner.
• e.g. tenant, usufructuary, depository,
bailee in commodatum
Possession in concept of owner
• may be the owner himself or one who
claims to be so.
Concept – opinion of others or belief of others.
Effects of possession in concept of owner:
• ripen to ownership by the lapse of time
necessary for prescription
• possessor can bring all action
necessary to protect his possession
• ask for inscription of his property in the
registry of property
• can demand fruits and damages from
one who unlawfully deprived him of it.
• Can do on the thing possessed
everything that the law authorizes an
owner to do.
ARTICLE 526. He is deemed a possessor in good
faith who is not aware that there exists in his title or
mode of acquisition any flaw which invalidates it.
He is deemed a possessor in bad faith who
possesses in any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of law
may be the basis of good faith. (433a)
Possessor in good faith
• unaware that there exist a flaw which
invalidates his acquisition of the thing.
jmvdg 35
AUF School of Law
• Consists in honest intention to abstain
from taking any unconscious advantage
of another, the opposite of fraud
• a state of mind that can only be proven
by outward acts and proven conduct.
• Implies a freedom from knowledge and
circumstance which ought to put a
person in inquiry.
• The belief of the possessor that he is
the legal owner of the thing must be
based upon some title or mode of
acquisition such as sale, donation,
inheritance, etc, for without this, there
can be no real well-grounded belief of
one's ownership.
• Good faith is always presumed and he
who alleges bad faith on the part of the
possessor has the burden of proving his
allegation.
• Error in the application of law may
properly serve as a basis of good faith.
Possession in bad faith
• one in possession of property knowing
that his title thereto is defective
• only the personal knowledge of the flaw
in one title or mode of acquisition can
make him a possessor in bad faith, for
bad faith is not transmissible from one
person to another, not even an heir.
Can a possessor in bad faith have possession
in a concept of an owner? AFFIRMATIVE. As
long as the possessor presents himself as
owner; bad faith is a matter of opinion of others,
not the possessor himself.
Mistake upon a doubtful or difficult question of
law provided that such ignorance is not gross
and therefor inexcusable may be the basis of
good faith. (Kasilag vs Rodriguez)
ARTICLE 527. Good faith is always presumed, and
upon him who alleges bad faith on the part of a
possessor rests the burden of proof. (434)
• The presumption is only juris tantum.
• This presumption is only just because
possession is the outward sign of
ownership.
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
• Unless such proof of bad faith is How is possession acquired?
presented, the possessor will be held in • Material occupation
good faith. ◦ means of acquiring possession of
• So long as the possessor is not actually the thing, but not of right.
aware of any defect invalidating his title ◦ possession by a fact
or mode of acquisition, or any of the fact ◦ constructive delivery
or circumstance which would put a ▪ may be considered equivalent
prudent man upon his guard, or require to material occupation in those
him to discover the flaw in his cases where such occupation is
transferor's title, so long will he be essential to the acquisition of
deemed possessor in good faith. possession.
• subjection to our will
ARTICLE 528. Possession acquired in good faith ◦ refers more to right of possession
does not lose this character except in the case and than the possession as a fact.
from the moment facts exist which show that the
possessor is not unaware that he possesses the thing ◦ Must be according to law
improperly or wrongfully. (435a) • constructive possession or proper legal
acts or formalities
Possession in good faith cease from the ◦ juridical acts or acquisition of
moment defects in the title are made known to possession by sufficient title, inter
the possessor, by extraneous evidence or by a vivos or mortis causa, onerous or
suit for recovery of the property by the true lucrative.
owner. ◦ Acts which the law gives the force
of acts of possession
If there are no other facts from which the
interruption of good faith may be determined, Elements of acquisition of possession:
and an action is filed to recover possession, • corpus
good faith ceases from the date of the ◦ material holding of the thing
summons to appear at the trial. If the date of • animus
the summon does not appear, that of the ◦ intent to possess he thing
answer will be adopted.
there is no possession if the holder does not
Exception: accion reivindicatoria want or intent to exercise the right of the
possessor.
ARTICLE 529. It is presumed that possession
continues to be enjoyed in the same character in
ARTICLE 532. Possession may be acquired by the
which it was acquired, until the contrary is proved.
same person who is to enjoy it, by his legal
(436)
representative, by his agent, or by any person without
any power whatever: but in the last case, the
ARTICLE 530. Only things and rights which are possession shall not be considered as acquired until
susceptible of being appropriated may be the object of the person in whose name the act of possession was
possession. (437) executed has ratified the same, without prejudice to
the juridical consequences of negotiorum gestio in a
proper case. (439a)
CHAPTER 2
Acquisition of Possession
Elements of personal acquisition
• capacity to acquire possession
ARTICLE 531. Possession is acquired by the
• intent to possess
material occupation of a thing or the exercise of a
right, or by the fact that it is subject to the action of our • possibility to acquire possession (object
will, or by the proper acts and legal formalities must be capable of being possessed)
established for acquiring such right. (438a)

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Civil Code, Book II
Property (Tolentino & Paras)
acquisition through another
• representative or agent has the
intention to acquire the thing for
another,and not for himself
• authority or capacity to possess for
another
• that the principal for whom the thing is
acquired has the intention of
possessing such thing or exercising
such right.
ARTICLE 533. The possession of hereditary
property is deemed transmitted to the heir without
interruption and from the moment of the death of the
decedent, in case the inheritance is accepted.
One who validly renounces an inheritance is deemed
never to have possessed the same. (440)
No interruption on the transmission
possession.
Reiteration of the rule in Art. 777, NCC
(succession takes effect upon the death of the
predecessor.)
“tacking of possession”
3:1 ratio of bad faith and good faith
10 years – ordinary prescription
30 years – for bad faith
ARTICLE 534. On who succeeds by hereditary title
shall not suffer the consequences of the wrongful
possession of the decedent, if it is not shown that he
was aware of the flaws affecting it; but the effects of
possession in good faith shall not benefit him except
from the date of death of the decedent. (442)
Reason: Bad faith is personal and
intransmissible. Its effects must therefore be
suffered only by the person who acted in bad
faith. His heir should not be saddled with such
consequences.
On the other hand, good faith can benefit only
the person who has it; and the good faith of the
heir cannot erase the effects of the bad faith of
his predecessor.
ARTICLE 535. Minors and incapacitated persons
may acquire the possession of things; but they need
the assistance of their legal representatives in order to
exercise the rights which from the possession arise in
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their favor. (443)
Article refers only to possession of things and
not possession of rights
refers principally to acquisition of possession by
material occupation.
ARTICLE 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. (441a)
One should not take the law in their own hands.
of Doctrine of self-help applicable if the one being
deprived of possession is still in actual
possession thereof.
ARTICLE 537. Acts merely tolerated, and those
executed clandestinely and without the knowledge of
the possessor of a thing, or by violence, do not affect
possession. (444)
acts merely tolerated
• those acts which by reason of
neighborliness or familiarity, the owner
of the property merely allows another
person to do on the property.
• There is a tacit consent to the acts
which are merely tolerated.
Clandestine and unknown acts:
• possession which is not public
• unknown to the owner
acts of violence:
• one forcibly takes away the property
from another
• one occupied the property in the
absence of another and repels the latter
upon his return
• may be actual of threatened force
• these do not prejudice the rights of a
real possessor.
ARTICLE 538. Possession as a fact cannot be
recognized at the same time in two different
personalities except in the cases of co-possession.
Should a question arise regarding the fact of
37
Civil Code, Book II
Property (Tolentino & Paras)
possession, the present possessor shall be preferred;
if there are two possessors, the one longer in
possession; if the dates of the possession are the
same, the one who presents a title; and if all these
conditions are equal, the thing shall be placed in
judicial deposit pending determination of its
possession or ownership through proper proceedings.
(445)
Title refers to a document and/or a right.
Jus possidendi Jus possessionis
Right TO possess Right OF possession
Incidental to Independent of
ownership ownership
CHAPTER 3
Effects of Possession
ARTICLE 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 filing 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 filing thereof. (446a)
The phrase “every possessor” indicates that all
kinds of possession should be respected by the
means established by the laws of procedure.
Reason: spoliation is a positive attempt against
public order and must instantly be suppressed
without regard to the title held by the injured
party, in order to avoid disturbance in the
community and prevent anyone from taking the
administration of justice in his own hands.
Remedies to restore possession:
• action of forcible entry under Rule 70,
Rules of Court.
• Accion publiciana
• accion reivindicatoria
writ of preliminary mandatory injunction:
• as a rule cannot substitute for the other
actions to recover possession.
• Requisites
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◦ forcible entry cases – filed within 10
days from the time he complaint for
forcible entry is filed
◦ in unlawful detainer cases – filed
within 10 days from the perfection of
appeal
ARTICLE 540. Only the possession acquired and
enjoyed in the concept of owner can serve as a title
for acquiring dominion. (447)
To consolidate title by prescription, the
possession must be under claim of ownership,
and it must be peaceful, public, and
uninterrupted.
General rule: prescription does not run in favor
of one who holds in trust for another.
Exception: repudiation made known to the
cestui que trust
ARTICLE 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. (448a)
This article is a confirmation of the doctrine that
possession is presumed ownership, unless the
contrary is proved.
Presumption that possessor has just title
• one must be in possession
• the possession must be in the concept
of an owner
kinds of just title:
• true and valid title
• colorable title
Just title means that which is legally sufficient to
transfer the ownership or the real right to which
it relates.
ARTICLE 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.
(449)
The article covers all kinds of possession, but
refers only to things, not to righst.
ARTICLE 543. Each one of the participants of a
thing possessed in common shall be deemed to have
exclusively possessed the part which may be allotted
Civil Code, Book II
Property (Tolentino & Paras)
to him upon the division thereof, for the entire period
during which the co-possession lasted. Interruption in
the possession of the whole or a part of a thing
possessed in common shall be to the prejudice of all
the possessors. However, in case of civil interruption,
the Rules of Court shall apply. (450a)
ARTICLE 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. (451)
Reasons for provision:
• the fruits received are generally used
for the consumption and livelihood of
the possessor, and his life and
expenses may have been regulated in
view of such fruits
• the owner has been negligent in not
discovering or contesting the
possession of the possessor
• between the owner, who has
abandoned the property and left it
unproductive, and the possessor who
has contributed to the social wealth by
the fruits he has produced, the law
leans toward the latter.
The law limits the right of the possessor in good
faith to the fruits of the thing.
The legal interruption of possession in good
faith takes place when the action is filed against
the possessor.
ARTICLE 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 finish 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 indemnified in
any other manner. (452a)
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Old Code:
There is no proportionate division of the
expenses of production.
The expenses incurred by the
possessor in good faith, and those incurred by
the owner in continuing the cultivation and in
gathering the fruits, were added together, and
then deducted from the total proceeds of the
ungathered fruits.
Only the net proceeds was divided in
proportion to the length of their respective
possessions.
New Code:
The possessor shall have the right to a
part of the expenses of cultivation, and to a part
of the bet harvest, both in proportion to the time
of the possession.
He who receives the fruits must bear the
corresponding expenses of their production.
Charges
• incurred because of the thing
• are borne by the two possessors in
proportion to their respective
possession.
When the fruits are not sufficient to
cover the cultivation expenses that have been
incurred, there is no net proceeds to be divided
between the possessor in good faith and the
owner.
There should only be reimbursement of
expenses; but each possessor should suffer a
proportionate reduction due to the insufficiency
of the harvest.
ARTICLE 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.
(453a)
Necessary expenses
• imposed by the existence of the thing
itself, and have no relation to the desire
or purpose of the possessor; hence
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
they are reimbursed, whatever may be Useful expenses Luxuries
the juridical character of the person who
advanced them. Increase the income Merely embellish the
• Incurred in the preservation of the thing from the thing thing
Results in improvements
The expenses must be repaid to the possessor,
Increase in the For the convenience
irrespective of good or bad faith; but only the
product of definite possessors
possessor in good faith is entitled to retain the
thing until he is reimbursed. Resulting utility is Utility is for the
essential and absolute possessor or
Useful expenses to those who may particular persons
• incurred to give greater utility or have the thing alone and is therefore
productivity to the thing accidental
• reimbursed only to the possessor in
good faith as a compensation or reward With respect to expenses for luxury, both the
for him. possessors in good faith and that in bad faith
can remove the improvements upon which they
The surrender of possession of the property by were made if the principal thing will suffer no
the possessor in good faith amounts to a waiver injury and the owner does not prefer to retain
of right of retention; but the claim for the them upon payment of the proper indemnity.
expenses is not thereby renounced.
Injury – anything that reduces the value of the
ARTICLE 547. If the useful improvements can be thing
removed without damage to the principal thing, the
possessor in good faith may remove them, unless the ARTICLE 549. The possessor in bad faith shall
person who recovers the possession exercises the reimburse the fruits received and those which the
option under paragraph 2 of the preceding article. (n) legitimate possessor could have received, and shall
have a right only to the expenses mentioned in
If the possessor is in bad faith, he cannot paragraph 1 of article 546 and in article 443. The
expenses incurred in improvements for pure luxury or
remove the useful improvements, even if he
mere pleasure shall not be refunded to the possessor
can do so without injury to the principal thing. in bad faith, but he may remove the objects for which
such expenses have been incurred, provided that the
Damage – substantial one that reduces the thing suffers no injury thereby, and that the lawful
value of the property, thus a slight injury curable possessor does not prefer to retain them by paying
by an ordinary repair does not defeat the right the value they may have at the time he enters into
possession. (445a)
of removal.

Possessor in bad faith has no right to

ARTICLE 548. Expenses for pure luxury or mere
pleasure shall not be refunded to the possessor in receive any fruits.
good faith; but he may remove the ornaments with The possessor in bad faith is liable only
which he has embellished the principal thing if it for the fruits corresponding to his period of
suffers no injury thereby, and if his successor in the possession; he cannot be held liable for the
possession does not prefer to refund the amount fruits received by those who preceded him.
expended. (454)
The charges paid by the possessor in
Expenses for luxury bad faith should be deducted from the value of
• do not affect the existence or the the fruits he has to return or pay.
substance of the thing itself but only the
comfort, convenience, or enjoyment of
the possessor.
• not subject to reimbursement, because
the law does not compensate personal
whims and caprices.

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
Rights of a possessor as to the judicial summons.
A possessor in bad faith shall be liable for
NECESSARY EXPENSES deterioration or loss in every case, even if caused by
a fortuitous event. (457a)
Good faith Bad faith
• Refund • Refund Is the possessor liable for loss or deterioration
• retain premises till of the property during the time of the
paid possession?
USEFUL EXPENSES In good faith In bad faith Initially in
good faith
• Reimbursement • No right at all
No yes Liable only in
• retention case of fraud
• removal and
LUXURIES or ORNAMENTAL EXPENSES negligence
after judicial
• Option to remove Option to remove
summons
or retain for retain for himself the
himself the ornament by refunding
ornament by the value it has at the ARTICLE 553. One who recovers possession shall
refunding the time the owner enters not be obliged to pay for improvements which have
ceased to exist at the time he takes possession of the
amount spent into possession.
thing. (458)
FRUITS
ARTICLE 554. A present possessor who shows his
• Gathered or Gathered fruits – possession at some previous time, is presumed to
severed or must return the value have held possession also during the intermediate
period, in the absence of proof to the contrary. (459)
harvested fruits of the fruits already
are his own received which the ARTICLE 555. A possessor may lose his
• pending or owner or legitimate possession:
ungathered fruits possessor could (1) By the abandonment of the thing;
have received, minus (2) By an assignment made to another either by
are pro-rated onerous or gratuitous title;
between the necessary expenses (3) By the destruction or total loss of the thing, or
possessor and because it goes out of commerce;
owner of pending or (4) By the possession of another, subject to the
ungathered fruits – provisions of article 537, if the new possession has
expenses, net lasted longer than one year. But the real right of
harvest, and no rights at all possession is not lost till after the lapse of ten years.
charges (460a)

ARTICLE 550. The costs of litigation over the Abandonment

property shall be borne by every possessor. (n)
ARTICLE 551. Improvements caused by nature or
time shall always inure to the benefit of the person
who has succeeded in recovering possession. (456)
Improvement includes all the natural
accessions and all those which do not depend
upon the will of the possessor.
ARTICLE 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
• includes not just the giving up by owner,
but also includes the giving up of
possession, and not necessarily of
ownership by every possessor.
• Opposite of occupation
• voluntary renunciation of all the rights
which a person may have in a thing,
with the intent to lose such thing.
• requisites:
◦ Must be made by a possessor in the
concept of an owner
◦ the abandoner must have the
capacity to renounce or alienate

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
◦ there must be a physical • the law creates a conclusive
relinquishment of the thing or object presumption of ownership in favor of the
◦ there must be no more expectation possessor
to recover • the law gives to possession in good
faith the effect of transmission of
ARTICLE 556. The possession of movables is not ownership; that such possession is a
deemed lost so long as they remain under the control mode of acquiring ownership of
of the possessor, even though for the time being he movables because the modes
may not know their whereabouts. (461) enumerated in Art. 712 are not
exclusive.
Control
• juridical control or right; that the thing Requisites for title:
remains in one's patrimony • that the possession is in good faith
• that the owner has voluntarily parted
ARTICLE 557. The possession of immovables and with the possession of the thing
of real rights is not deemed lost, or transferred for • that the possessor is in concept of
purposes of prescription to the prejudice of third owner.
persons, except in accordance with the provisions of
the Mortgage Law and the Land Registration laws. “Unlawfully deprived”
(462a)
• Code:
ARTICLE 558. Acts relating to possession, ◦ extends to all cases where there
executed or agreed to by one who possesses a thing has been no valid transmission of
belonging to another as a mere holder to enjoy or ownership, including the case
keep it, in any character, do not bind or prejudice the
where the proprietor has entrusted
owner, unless he gave said holder express authority
to do such acts, or ratifies them subsequently. (463) the thing to a borrower, depositary,
or lessee who has sold the same.
ARTICLE 559. The possession of movable • Tolentino
property acquired in good faith is equivalent to a title. ◦ limited to unlawful taking, such as
Nevertheless, one who has lost any movable or has
been unlawfully deprived thereof, may recover it from
theft, robbery, and should not
the person in possession of the same. include disposition through the
If the possessor of a movable lost or which the owner abuse of confidence
has been unlawfully deprived, has acquired it in good
faith at a public sale, the owner cannot obtain its
ARTICLE 560. Wild animals are possessed only
return without reimbursing the price paid therefor.
while they are under one's control; domesticated or
(464a)
tamed animals are considered domestic or tame if
General rule: they retain the habit of returning to the premises of the
The possession of movable property acquired possessor. (465)
in good faith is equivalent to a title.
Exceptions: kinds of animals:
• when the owner has lost the thing • wild
• when the owner has been unlawfully ◦ live naturally independent of man
deprived thereof • domesticated
exception to the exceptions: ◦ wild by nature but have become
when the possessor acquired it in a public sale. accustomed to recognize the
authority of man
3 theories upon which the rule in Art. 559 is • domestic or tame
based:
◦ born and reared ordinarily under the
• that the title of the possessor is not that control of man, and do not become
of ownership, but is merely a res nullius unless they are
presumptive title sufficient to serve as abandoned
basis for acquisitive prescription

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
When animals recover their natural freedom, Formulae:
they cease to be under possession. • NO+U=FO
• FO-U=NO
ARTICLE 561. One who recovers, according to • FO-NO=U
law, possession unjustly lost, shall be deemed for all
purposes which may redound to his benefit, to have Legend:
enjoyed it without interruption. (466) U = usufruct
NO = naked ownership
Manner of recovery must be according to law FO= full ownership

TITLE VI Usufruct Lease

USUFRUCT 1. Always a real right 1.Generally a
CHAPTER 1 personal right, it
USUFRUCT IN GENERAL becomes real right if
it is registered or it is
ARTICLE 562. Usufruct gives a right to enjoy the for a period of more
property of another with the obligation of preserving its than 1 year.
form and substance, unless the title constituting it or
the law otherwise provides. (467) 2. Person creating 2. Lessor may not be
the usufruct should the owner
Usufruct be the owner or his
• real right, temporary nature, which duly authorized
authorizes its holder to enjoy all the agent
benefits which results from the normal 3. May be created by 3.Generally created
enjoyment of another's property, with law, by contract, by by contract
the obligation to return, at the will of the testator, or
designated time, either the same thing by prescription
or, in special cases, its equivalent (De
Buen) 4. As a rule, usufruct 4.Lease generally
• includes both the jus utendi and jus covers all the fruits refers to uses only
fruendi and all the uses and
benefits of the entire
• usufructuary bound to preserve the form
property
and substance of the thing in usufruct
• abnormal usufruct 5. Involves a more or 5. Lease involves a
◦ the alteration of the thing is allowed less passive owner more active owner or
• may be created over any property, even who allows the lessor who makes
right as long as it has its own usufructuary to enjoy the lessee to enjoy
independent existence the object given in
• Characteristics: usufruct
◦ Real right 6. Pays for ordinary 6.Lessee is not
◦ of temporary duration repairs and taxes on generally under
◦ To derive all advantages from the the fruits obligation to
thing due to normal exploitation undertake repairs or
◦ may be constituted on real or pay taxes
personal property, consumable or
non-consumable, tangible or
General Rule: Usufructuary is bound to
intangible, the ownership of which is
preserve the form and substance of the thing in
vested in another
usufruct.
◦ transmissible Exception: Abnormal usufruct whereby the law
or the will of the parties may allow the
modification of the substance of the thing.

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
Usufruct Easement • multiple
◦ simultaneous
Object may be real or Involves only real
◦ successive
personal property property
• pure
All uses and fruits of Limited to a particular • conditional
the property may be use • with a term
enjoyed • usufruct of things
Cannot be constituted May be constituted in • usufruct of rights
on an easement; but it favor of
may be constituted on ARTICLE 565. The rights and obligations of the
the land burdened by usufructuary shall be those provided in the title
an easement constituting the usufruct; in default of such title, or in
case it is deficient, the provisions contained in the two
Usually extinguished Not extinguished by following Chapters shall be observed. (470)
by death of the death of the owner
usufructuary of the dominant estate
The rights and duties of the usufructuary
Both are real rights whether registered or not provided by law may be modified or eliminated
Both may be registered provided that the by the parties.
usufruct involves real property
The title constituting the usufruct may validly
Bith may be ordinarily be alienated or authorize the usufructuary to alienate the thing
transmitted in accordance with the formalities itself held in usufruct.
of law
CHAPTER 2
RIGHTS OF THE USUFRUCTUARY
ARTICLE 563. Usufruct is constituted by law, by
ARTICLE 566. The usufructuary shall be entitled to
the will of private persons expressed in acts inter
all the natural, industrial and civil fruits of the property
vivos or in a last will and testament, and by
in usufruct. With respect to hidden treasure which may
prescription. (468)
be found on the land or tenement, he shall be
considered a stranger. (471)
Kinds of usufruct:
• legal Rights of Usufructuary
• voluntary • right to enjoy
◦ mortis causa • right to the fruits
◦ inter vivos
• mixed or prescription usufructuary rights may be transferred,
assigned or otherwise disposed of by the
to constitute a valid usufruct, all the usufructuary
requirements of the law must be complied with.
The owner, during the usufruct, can exercise all
ARTICLE 564. Usufruct may be constituted on the the rights of ownership consistent with the
whole or a part of the fruits of the thing, in favor of one enjoyment of the thing by the usufructuary. But
more persons, simultaneously or successively, and in none of these affect the rights of the
every case from or to a certain day, purely or usufructuary.
conditionally. It may also be constituted on a right,
provided it is not strictly personal or intransmissible.
(469) ARTICLE 567. Natural or industrial fruits growing at
the time the usufruct begins, belong to the
usufructuary. acd
Other classifications: Those growing at the time the usufruct terminates,
• total belong to the owner.
• partial In the preceding cases, the usufructuary, at the
beginning of the usufruct, has no obligation to refund
• simple to the owner any expenses incurred; but the owner

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Civil Code, Book II
Property (Tolentino & Paras)
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. (472)
Fruits already matured at the time of the
termination of the usufruct, which ordinarily
would have already been gathered by the
usufructuary, may remain ungathered for no
fault imputable to him. In such cases, the fruits
should be considered as belonging to the
usufructuary, pursuant to general rule of law as
suppletory to the provisions of the Code.
ARTICLE 568. If the usufructuary has leased the
lands or tenements given in usufruct, and the usufruct
should expire before the termination of the lease, he
or his heirs and successors shall receive only the
proportionate share of the rent that must be paid by
the lessee. (473)
Lease executed by the owner before the
creation of the usufruct is not extinguished by
such usufruct.
The usufructuary has the right to choose who
will be the tenant during the term of the
usufructuary.
ARTICLE 569. Civil fruits are deemed to accrue
daily, and belong to the usufructuary in proportion to
the time the usufruct may last. (474).
If the usufructuary leased the property to
others, he is entitled to the the rents only up to
the time of the expiration of the usufruct.
ARTICLE 570. Whenever a usufruct is constituted
on the right to receive a rent or periodical pension,
whether in money or in fruits, or in the interest on
bonds or securities payable to bearer, each payment
due shall be considered as the proceeds or fruits of
such right.
Whenever it consists in the enjoyment of benefits
accruing from a participation in any industrial or
commercial enterprise, the date of the distribution of
which is not fixed, such benefits shall have the same
character.
In either case they shall be distributed as civil fruits,
and shall be applied in the manner prescribed in the
preceding article. (475)
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AUF School of Law
ARTICLE 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 benefits
inherent therein. (479)
ARTICLE 572. The usufructuary may personally
enjoy the thing in usufruct, lease it to another, or
alienate his right of usufruct, even by a gratuitous title;
but all the contracts he may enter into as such
usufructuary shall terminate upon the expiration of the
usufruct, saving leases of rural lands, which shall be
considered as subsisting during the agricultural year.
(480)
The transfer or lease of the usufruct does not
terminate the relation of the usufructuary with
the owner.
The usufructuary will be liable to the owner for
damages caused by the fault or negligence of
the transferee or the lessee.
The usufruct does not terminate upon the death
of the transferee but terminates upon the death
of the usufructuary who has made the transfer.
The usufructuary, not being the owner, cannot
alienate the or dispose of the objects included
in the usufruct.
Instances when usufructuary is converted to
ownership:
• when the things are consumable
• when the things by nature are intended
for sale
• when the things whatever their nature
may be, were delivered under appraisal
as equivalent to their sale; but this does
not refer to obligatory routine appraisal
of movables
Sale of future crop by the usufruct:
• if valid
◦ owner is entitled to receive the price
from the vendee
◦ if already paid to the usufructuary,
he or his estate must deliver it to the
owner
• if void (as to the owner)
◦ may be ratified by the owner
◦ vendee can recover from the
usufructuary the amount he has
paid.
Civil Code, Book II
Property (Tolentino & Paras)
Only voluntary usufructs can be alienated
because legal usufructs are created by law
particular person in view of certain relations and
therefore cannot be enjoyed by others who do
not have such relations.
ARTICLE 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 suffered by reason of his
fraud or negligence. (481)
The law renders the usufructuary liable only
when he causes deterioration by his fraud or
negligence.
ARTICLE 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. (482)
Quasi-usufruct
• converted into simple loan
• usufruct over consumables
If the consumable has been appraised before
the institution of the usufruct, it is better for the
usufructuary, because:
• there is a chance that the price will be
more higher
• the usufructuary do not have the
obligation to look for a thing with similar
quality and quantity.
why does the Civil Code allows usufruct over
movable things if generally, in usufruct the
usufructuary is expected to preserve the thing
and not to alter them?
Instances of simple loan. Just so there
is a provision that will govern the same.
ARTICLE 575. The usufructuary of fruit-bearing
trees and shrubs may make use of the dead trunks,
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and even of those cut off or uprooted by accident,
under the obligation to replace them with new plants.
(483a)
ARTICLE 576. If in consequence of a calamity or
extraordinary event, the trees or shrubs shall have
disappeared in such considerable number that it
would not be possible or it would be too burdensome
to replace them, the usufructuary may leave the dead,
fallen or uprooted trunks at the disposal of the owner,
and demand that the latter remove them and clear the
land. (484a)
ARTICLE 577. The usufructuary of woodland may
enjoy all the benefits which it may produce according
to its nature.
If the woodland is a copse or consists of timber for
building, the usufructuary may do such ordinary
cutting or felling as the 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
manner, amount and season.
In any case the felling or cutting of trees shall be
made in such manner as not to prejudice the
preservation of the land.
In nurseries, the usufructuary may make the
necessary thinnings in order that the remaining trees
may properly grow.
With the exception of the provisions of the preceding
paragraphs, the usufructuary cannot cut down trees
unless it be to restore or improve some of the things in
usufruct, and in such case shall first inform the owner
of the necessity for the work. (485)
ARTICLE 578. The usufructuary of an action to
recover real 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. (486)
ARTICLE 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 indemnified therefor. He
may, however, remove such improvements, should it
be possible to do so without damage to the property.
(487)
Whenever the usufructuary can remove
the improvements without injury to the property
in usufruct, he has a right to do so, and the
owner cannot prevent him from doing so even
upon payment of their value.
Civil Code, Book II
Property (Tolentino & Paras)
If the usufructuary does not wish to
exercise it, he cannot be compelled by the
owner to remove the improvements.
The right of the usufructuary to remove the
improvements can be enforced only against the
owner, but not against a purchaser in good faith
to whom a clean title has been issued.
Coconut land is not woodland.
ARTICLE 580. The usufructuary may set off the
improvements he may have made on the property
against any damage to the same. (488)
Refers to compensation of values, and not of
rights and obligations.
It is necesarry that the improvements should
have increased the value of the property and
that the damage are imputable to the
usufructuary.
The increase in value and the amount of
damage are set-off against each other;
• if the damage exceed the increase in
value, the difference should be paid by
the usufructuary as indemnity.
• If the increase in value exceeds the
damages,
◦ and the improvements are of such
nature that they can be removed
without injury to the thing, the
settlement of the difference must be
agreed upon by the parties.
◦ If the improvements are of such
nature that they cannot be removed
without injury, the excess in value
accrues to the owner.
ARTICLE 581. The owner of property the usufruct
of which is held by another, may alienate it, but he
cannot alter its form or substance, or do anything
thereon which may be prejudicial to the usufructuary.
(489)
ARTICLE 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. (490)
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The right of the usufructuary is not affected by
the division of the property in usufruct among
the co-owners.
Fruits vs. products
products – diminishes the substance of the
thing. i.e. mines, stones and rocks
rights of a usufructuary
• limited right of removal
• set-off the improvements with the
damages
the option is given to the usufructuary and the
owner do not have a right to compel the
usufructuary to do any act.
CHAPTER 3
OBLIGATIONS OF THE USUFRUCTUARY
ARTICLE 583. The usufructuary, before entering
upon the enjoyment of the property, is obliged:
(1) To make, after notice to 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
immovables;
(2) To give security, binding himself to fulfill the
obligations imposed upon him in accordance with this
Chapter. (491)
These requirements are not conditions
precedent to the commencement of the right of
the usufructuary, but merely to the entry of
possession and enjoyment of the property.
Inventory
• The expenses for the making of the
inventory are borne by the usufructuary,
because it is his obligation to make the
inventory, and it is a prerequisite to his
entry upon the enjoyment of the
property.
• It may be in a private document,
because nothing is provided by law as
to its form.
Giving of Security
• the security is for the fulfillment of all
obligations imposed upon him as such
usufructuary
Civil Code, Book II
Property (Tolentino & Paras)
• may be personal bond, a pledge, or a
mortgage
ARTICLE 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. (492a)
ARTICLE 585. The usufructuary, whatever may be
the title of the usufruct, may be excused from the
obligation of making an inventory or of giving security,
when no one will be injured thereby. (493)
Exemptions to obligations in Art. 583
• where the owner waives the giving of a
security or the making of an inventory
• where the title constituting the usufruct
exempts the usufructuary from any or
both of these obligations
• where the usufructuary asks to be
relieved from these obligations,and no
one will be injured by such exemption
effect of failure to make inventory:
• a prima facie presumption arises that
the property was received by the
usufructuary in good condition.
ARTICLE 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 certificates 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. (494)
The provision grants a potestative right to the
naked owner and if he wishes not to exercise it,
he may deliver the property to the usufructuary.
Delivery of the property cannot be interpreted
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as a renunciation of the right to demand
security.
ARTICLE 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. (495)
Caucion Juratoria
• sworn undertaking; exception to the
obligation of the usufructuary to give
security.
• a verified petition in the proper court
asking for the delivery of the house and
furniture necessary for himself and his
family without any bond or security.
o takes an oath to take care of the
things and restore them
o property cannot be alienated or
encumbered or leased because
this would mean that the
usufructuary does not need it.
ARTICLE 588. After the security has been given by
the usufructuary, he shall have a right to all the
proceeds and benefits from the day on which, in
accordance with the title constituting the usufruct, he
should have commenced to receive them. (496)
Upon giving of security, the usufruct will be
entitled to all the benefits accruing since the
time when he should have begun to receive
them.
Security has retroactive effect.
ARTICLE 589. The usufructuary shall take care of
the things given in usufruct as a good father of a
family. (497)
ARTICLE 590. A usufructuary who alienates or
leases his right of usufruct shall answer for any
damage which the things in usufruct may suffer
Civil Code, Book II
Property (Tolentino & Paras)
through the fault or negligence of the person who
substitutes him. (498)
ARTICLE 591. If the usufruct be constituted on a
flock 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 fulfill his
obligation by delivering to the owner the remains
which may have been saved from the misfortune.
Should the herd or flock 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 effects, as though
constituted on fungible things. (499a)
ARTICLE 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. (500)
Action for damages suffered by the property
may be brought by the naked owner even while
the usufruct is in effect.
Requisites for Ordinary Repairs:
• that the deteriorations or defects arise
from the natural use of the thing
• the defects are necessary for the
preservation of the thing.
The usufructuary is bound to pay only for the
repairs made during the existence of the
usufruct
When the ordinary repairs are due to defects
caused by the fault of the usufructuary he
cannot exempt himself from liability by
renouncing the usufruct.
If the defects existing before the renunciation
are occasioned by the ordinary use of the thing,
the usufructuary may exempt himself form
making the repairs by returning to the owner,
the fruits received during the time that the
defects took place.
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All the defects arising after the renunciation
must be repaired at the expense of the owner.
ARTICLE 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. (501)
ARTICLE 594. If the owner should make the
extraordinary repairs, he shall have a right to demand
of the usufructuary the legal interest on the amount
expended for the time that the usufruct lasts.
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. (502a)
Extraordinary repairs:
• expenses are borne by the owner but
the usufructuary cannot compel him to
make such repairs
• optional for the usufructuary to make
such repairs or not
• the usufructuary is required to give
notice to the owner if the need for the
repair is urgent
• Kinds
◦ caused by exceptional
circumstances WON they are
necessary for the preservation of
the thing
◦ those caused by the natural use of
the thing, but are necessary for its
preservation
• difference between the value of the
tenement when the repairs become
necessary and its value after such
repairs have been completed is the
amount of increase that the owner
should pay in case the usufructuary
paid for the extraordinary repairs.
ARTICLE 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, provided that such acts do not
cause a diminution in the value of the usufruct or
prejudice the right of the usufructuary. (503)
Any advantage or increase in the use of
enjoyment of the thing introduced by the owner
Civil Code, Book II
Property (Tolentino & Paras)
will inure to the benefit of the usufructuary.
The usufructuary is not bound to pay interest on
the investment of the owner.
ARTICLE 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. (504)
Such annual charges and taxes are to be paid
by the usufructuary only when they can be
considered as a lien upon the fruits. - Sanchez
Roman
Charges for the first and last years of the
usufruct are not borne by the usufructuary but
must be divided between him and the owner in
the same manner as civil fruits, that is in
proportion to the periods of possession.
ARTICLE 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.
(505)
Land tax is a burned upon the capital, that is
upon the real value of the property and should
be paid by the owner.
ARTICLE 598. If the usufruct be constituted on the
whole of a patrimony, and if at the time of its
constitution the owner has debts, the provisions of
articles 758 and 759 relating to donations shall be
applied, both with respect to the maintenance of the
usufruct and to the obligation of the usufructuary to
pay such debts.
The same rule shall be applied in case the owner is
obliged, at the time the usufruct is constituted, to
make periodical payments, even if there should be no
known capital. (506)
ARTICLE 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 sufficient, 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
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proper. The usufructuary who has not given security
shall invest the said capital at interest upon
agreement with the owner; in default of such
agreement, with judicial authorization; and, in every
case, with security sufficient to preserve the integrity
of the capital in usufruct. (507)
ARTICLE 600. The usufructuary of a mortgaged
immovable shall not be obliged to pay the debt for the
security of which the mortgage was constituted.
Should the immovable be attached or sold judicially
for the payment of the debt, the owner shall be liable
to the usufructuary for whatever the latter may lose by
reason thereof. (509)
When the usufruct is constituted over all the
property of the owner by act inter vivos, and
some tenements are mortgaged, the
usufructuary is bound to pay for such mortgage
only in the cases mentioned in Article 598;
namely, when there is an express stipulation to
that effect, or when the usufruct was created in
fraud of creditors.
ARTICLE 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. (511)
ARTICLE 602. The expenses, costs and liabilities
in suits brought with regard to the usufruct shall be
borne by the usufructuary. (512)
The expenses of suits in connection with the
possession, use and enjoyment of the things
are generally borne by the usufructuary,
because they affect his own rights as
usufructuary.
CHAPTER 4
EXTINGUISHMENT OF USUFRUCTUARY
ARTICLE 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 fulfillment of any resolutory
condition provided in the title creating the usufruct;
(3) By merger of the usufruct and ownership in
the same person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person
constituting the usufruct;
(7) By prescription. (513a)
Civil Code, Book II
Property (Tolentino & Paras)
Effect of death of the usufructuary when a
period or resolutory condition is stipulated:
Navarro, Amandi, Sanchez Roman, Supreme
Court:
• The usufruct cannot be extended
beyond the lifetime of the usufructuary,
because of the personal character of
the juridical relation.
Tolentino, Scaevola and Valverde:
• the usufruct will not be extinguished
only when it is expressly stipulated that
it shall continue even after such death
until the expiration of the period or the
happening of the condition agreed
upon. But when there is no such saving
clause, death will extinguish the
usufruct.
Manresa:
• Usufruct subsists and is transmitted to
the heirs of the usufructuary because
the will of the parties must be
respected.
In the computation of period of usufruct, the
time during which the usufructuary has not
enjoyed the time because of ignorance,
dispossession by others, or any other cause,
shall be counted against him.
Merger
• naked ownership and the usufruct come
to be held by the same person
Renunciation
• voluntary surrender of the rights of the
usufructuary, made by him with intent to
so surrender them.
Prescription
• use by a third person extinguishes the
usufruct
ARTICLE 604. If the thing given in usufruct should
be lost only in part, the right shall continue on the
remaining part. (514)
ARTICLE 605. Usufruct cannot be constituted in
favor of a town, corporation, or association for more
than fifty years. If it has been constituted, and before
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the expiration of such period the town is abandoned,
or the corporation or association is dissolved, the
usufruct shall be extinguished by reason thereof.
(515a)
Usufruct in favor of Entities:
• Sec. 11, Crporatio Code, 50 years are
allowed for the existence of a private
corporation; in the case of towns or
municipal corporations, a period longer
than 50 years may militate against the
public policy which prohibits the
perpetual entailment of property.
ARTICLE 606. A usufruct granted for the time that
may elapse before a third person attains a certain
age, shall subsist for the number of years specified,
even if the third person should die before the period
expires, unless such usufruct has been expressly
granted only in consideration of the existence of such
person. (516)
ARTICLE 607. If the usufruct is constituted on
immovable property of which a building forms part,
and the latter should be destroyed in any manner
whatsoever, the usufructuary shall have a right to
make use of the land and the materials.
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. (517)
Rules:
• usufruct on both building and land but
the B is destroyed in any manner
whatsoever before the expiration of the
periof of Uary
◦ U on the B is ended but the U on
the L continues (Art. 604)
◦ Uary is still entitled to the use of the
land and the use of whatever
materials the house remains
◦ if the NO wants to build but the
Uary refuses, it is the Uary who
prevails for the use of the land is
still his for the remainder of the
period
• usufruct of the building alone but the B
Civil Code, Book II
Property (Tolentino & Paras)
is destroyed before the termination of
the period.
◦ U on the B ends, but the Uary can
still make use of whatever materials
of the house remain.
◦ Uary is entitled to the use of the L
◦ but because there is no U on the L,
the NO has preferential right to its
use.
Legend:
B - building
L - land
U - usufruct
Uary - usufructuary
NO – Naked owner
ARTICLE 608. 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.
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.
(518a)
Whne the usufructuary refuses to share in the
payment of the insurance, and the owner
insures alone, the latter is entitled to the
insurance money. He has no obligation to
invest it in rebuilding the tenement.
ARTICLE 609. Should the thing in usufruct be
expropriated for public use, the owner shall be obliged
either to replace it with another thing of the same
value and of similar conditions, or to pay the
usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the
owner chooses the latter alternative, he shall give
security for the payment of the interest. (519)
Rules in case of Expropriation:
• NO alone was given the indemnity, he
has the option:
◦ to replace with equivalent thing
◦ to pay the the Uary legal interest on
the indemnity
• if both the NO and Uary were se[arately
given the indemnity, each ownes the
indemnity given to him, the U being
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totally extinguished
• Uary alone was given indemnity, he
must give it to the NO and compel the
latter to return either the interest or to
replace the property.
ARTICLE 610. A usufruct is not extinguished by
bad use of the thing in usufruct; but if the abuse
should cause considerable injury to the owner, the
latter may demand that the thing be delivered to him,
binding himself to pay annually to the usufructuary the
net proceeds of the same, after deducting the
expenses and the compensation which may be
allowed him for its administration. (520)
The bad use of thing entitles the owner to
demand the delivery and administration of the
thing.
To entitle him of this right, the bad use must
cause considerable injury, not to the thing, but
to the owner.
ARTICLE 611. A usufruct constituted in favor of
several persons living at the time of its constitution
shall not be extinguished until the death of the last
survivor. (521)
ARTICLE 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. (522a)
Righst and obligations at the termination of the
Usufruct
• part of the Uary
◦ must return the property to the NO
◦ Uary must retain the property till he
is reimbursed for taxes on the
capital
◦ to remove the removable
improvements or set them off
against damages he has caused.
• part of the NO
◦ must cancel the security or
mortgage
◦ must n case of rural lease, respect
leases made by the Uary till the end
of the agricultural year
Civil Code, Book II
Property (Tolentino & Paras)
◦ make reimbursement to the Uary in
the proper cases.
TITLE VII
EASEMENTS OF SERVITUDES
CHAPTER 1
EASEMENTS IN GENERAL
Section 1. - Different Kinds of Easements
ARTICLE 613. An easement or servitude is an
encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different
owner.
The immovable in favor of which the easement is
established is called the dominant estate; that which is
subject thereto, the servient estate. (530)
Servitude
• real right
• constituted on the corporeal immovable
property of another, by virtue of which
the owner of the latter has to refrain
from doing or to allow that someone do
something on his property, for the
benefit of another thing or person.
• Limitation of ownership and a restriction
on the enjoyment of one's property
• the encumbrance should not absorb
entirely the usefulness of the servient
tenement.
• Established only on immovables
• characteristics
◦ real right
◦ can be imposed only on the
property of another. (when the
dominant and the servient estate
belongs to 2 different owners)
◦ produces a limitation on ownership
▪ allows the dominant owner to
enjoy the use of part of the
servient tenement
▪ must give some positive
enjoyment or benefit to the
dominant tenement
◦ inseparable from the tenements to
which it is actively or passively
attached
◦ can exist only between neighboring
tenements.
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Servitude Lease
Form of encumbrance Rightful possession
consists in the right to and use without the
the limited use of a ownership of it.
piece of land without
either possession or
ownership thereof
ARTICLE 614. Servitudes may also be established
for the benefit of a community, or of one or more
persons to whom the encumbered estate does not
belong. (531)
Real Servitude – for the benefit of a particular
tenement
personal servitude – for the benefit of persons
without dominant tenements
• does not extend to the successors in
interest of the persons to whom it is
granted.
ARTICLE 615. Easements may be continuous or
discontinuous, apparent or nonapparent.
Continuous easements are those the use of which is
or may be incessant, without the intervention of any
act of man.
Discontinuous easements are those which are used at
intervals and depend upon the acts of man.
Apparent easements are those which are made
known and are continually kept in view by external
signs that reveal the use and enjoyment of the same.
Nonapparent easements are those which show no
external indication of their existence. (532)
The difference between continuous and
discontinuous servitudes refers only to the
exercise of the servitude, but not to the
essence, because the servitude exist
continuously.
Right of way – discontinuous because it is used
only when man sets foot or passes thereon;
positive easement
Abutment of a dam – anchoring the border of a
dam to the banks of the river; continuous
easement because there is no need for human
intervention needed.
Easement of altius non tolendi – not to build
beyond a certain height; non-apparent
easement
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Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 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. (533)
right of aqueduct – positive easement;
Tolentino: generally the duty of a servient
estate is never positive
party wall – positive easement;
easement of light & view – negative easement
ARTICLE 617. Easements are inseparable from
the estate to which they actively or passively belong.
(534)
Easements are merely accessory to the
tenements that is why it cannot be sold
separate of the estate.
Because easements are inherent or
inseparable, they are also intransmissible, or
cannot be alienated separately from the
tenement.
ARTICLE 618. Easements are indivisible. If the
servient estate is divided between two or more
persons, the easement is not modified, 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
or more 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. (535)
ARTICLE 619. Easements are established either
by law or by the will of the owners. The former are
called legal and the latter voluntary easements. (536)
Courts cannot create easements.
Section 2. - Modes of Acquiring Easements
ARTICLE 620. Continuous and apparent
easements are acquired either by virtue of a title or by
prescription of ten years. (537a)
Title – juridical act which gives rise to the
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servitude such as law, donation, contracts,and
wills.
10 years acquisitive prescription only for
continuous and apparent easements.
ARTICLE 621. In order to acquire by prescription
the easements referred to in the preceding article, the
time of possession shall be computed thus: in positive
easements, from the day on which the owner of the
dominant estate, or the person who may have made
use of the easement, commenced to exercise it upon
the servient estate; and in negative easements, from
the day on which the owner of the dominant estate
forbade, by an instrument acknowledged before a
notary public, the owner of the servient estate, from
executing an act which would be lawful without the
easement. (538a)
A negative easement is essentially non-
apparent and under Art 622, non-apparent
easements cannot be acquired by prescription.
Notarial prohibition is necessary for the
prescriptive period to run.
ARTICLE 622. Continuous nonapparent
easements, and discontinuous ones, whether
apparent or not, may be acquired only by virtue of a
title. (539)
This provision seeks prevent the imposition of a
burden on a tenement based purely on the
generosity, tolerance, and spirit of
neighborliness of the owner thereof.
ARTICLE 623. The absence of a document or
proof showing the origin of an easement which cannot
be acquired by prescription may be cured by a deed
of recognition by the owner of the servient estate or by
a final judgment. (540a)
This article refers only to the following
easement
• continuous non-apparent
• discontinuous easement
ARTICLE 624. The existence of an apparent sign
of easement between two estates, established or
maintained by the owner of both, shall be considered,
should either of them be alienated, as a title in order
that the easement may continue actively and
passively, unless, at the time the ownership of the two
estates is divided, the contrary should be provided in
Civil Code, Book II
Property (Tolentino & Paras)
the title of conveyance of either of them, or the sign
aforesaid should be removed before the execution of
the deed. This provision shall also apply in case of the
division of a thing owned in common by two or more
persons. (541a)
It is not essential for the application of the rule
in this article that there be actually two different
tenements. It is sufficient that the servitude
exists between two portions of the same
tenement, and there is subsequent a division of
the ownership of the said portions.
ARTICLE 625. Upon the establishment of an
easement, all the rights necessary for its use are
considered granted. (542)
The dominant owner must have all the rights
indispensable to the free use of the easement,
otherwise, the easement will not give the utility
intended.
ARTICLE 626. The owner of the dominant estate
cannot use the easement except for the benefit of the
immovable originally contemplated. Neither can he
exercise the easement in any other manner than that
previously established. (n)
When an easement has been established in a
general way, without any specific purpose, it
can be used for all the needs of the dominant
estate, and may be adopted to any new
modification in the tenement itself.
When a particular use is specified, Art. 626
should apply. However, when the change of
use does not make the easement more
burdensome, such change can be allowed.
Art. 626 is a new provision to correct the rule of
the Supreme Court in the case of Valderrama
vs North Negros Central, 48 Phil. 482.
Section 3. - Rights and Obligations of the
Owners of the Dominant and Servient
Estates
ARTICLE 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
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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.
(543a)
The necessity of the works for the use and
preservation of the easement is the basis and
the determining factor for the extent of such
works.
The works must be executed in the manner
least inconvenient to the servient owner, who
cannot recover indemnity for the inevitable
damages or inconveniences which may be
caused thereby.
But if the work is done badly, the dominant
owner will be liable for damages that may be
suffered by the servient owner.
If the dominant owner violates the restrictions
imposed by this article, he can be compelled to
restore the things to their original condition, and
furthermore, to pay indemnity for damages.
ARTICLE 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 benefits which each may
derive from the work. Any one who does not wish to
contribute may exempt himself by renouncing the
easement for the benefit 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. (544)
In the absence of proof of the proportion each
owner of dominant estate, the same should be
presumed equal.
ARTICLE 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 his expense, provided he offers another place or
manner equally convenient and in such a way that no
injury is caused thereby to the owner of the dominant
Civil Code, Book II
Property (Tolentino & Paras)
estate or to those who may have a right to the use of
the easement. (545)
When the owner of the servient estate performs
acts or constructs works impairing the use of
the servitude, the owner of the dominant
tenement may ask for the destruction of such
works and the restoration of things to their
condition before the impairment was committed
with indemnity for damages suffered
ARTICLE 630. The owner of the servient estate
retains the ownership of the portion on which the
easement is established, and may use the same in
such a manner as not to affect the exercise of the
easement. (n)
Section 4. - Modes of Extinguishment of
Easements
ARTICLE 631. Easements are extinguished:
(1) By merger in the same person of the
ownership of the dominant and servient estates;
(2) By nonuser for ten years; with respect to
discontinuous easements, this period shall be
computed from the day on which they ceased to be
used; and, with respect to continuous easements,
from the day on which an act contrary to the same
took place;
(3) When either or both of the estates fall into
such condition that the easement cannot be used; but
it shall revive if the subsequent condition of the
estates or either of them should again permit its use,
unless when the use becomes possible, sufficient time
for prescription has elapsed, in accordance with the
provisions of the preceding number;
(4) By the expiration of the term or the fulfillment
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. (546a)
Merger
• it is enough that the merger be with
respect to the portion of the tenement
that is affected by the servitude, or the
part for the benefit of which it was
established.
• Where the merger is temporary or
under resolutory condition, there is at
most a suspension, but nit an
extinguishment of the servitude.
• DOS with right to repurchase, easement
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is only suspended
Non- use
• must be due to voluntary abstentation
by the dominant owner, and not to
fortuitous event, because the basis of
this cause of extinguishment is a
presumptive renunciation.
Impossibility of use
• only suspends the servitude until such
time when it can be used again.
Renunciation
• general rule: express renunciation
ARTICLE 632. The form or manner of using the
easement may prescribe as the easement itself, and
in the same way. (547a)
ARTICLE 633. If the dominant estate belongs to
several persons in common, the use of the eas
The easement being indivisible, the non-use by
one co-owner cannot cause a partial
extinguishment thereof.
CHAPTER 2
LEGAL EASEMENTS
Section 1. - General Provisions
ARTICLE 634. Easements imposed by law have for
their object either public use or the interest of private
persons. (549)
ARTICLE 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. (550)
ARTICLE 636. Easements established by law in
the interest of 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 modified by agreement of
the interested parties, whenever the law does not
prohibit it or no injury is suffered by a third person.
(551a)
Section 2. - Easements Relating to Waters
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Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 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. (552)
No indemnity needed in case of Art. 637 if
through human intervention (aqueduct), the
applicable provision is Art. 642.
ARTICLE 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, floatage, fishing and salvage.
Estates adjoining the banks of navigable or floatable
rivers are, furthermore, subject to the easement of
towpath for the exclusive service of river navigation
and floatage.
If it be necessary for such purpose to occupy lands of
private ownership, the proper indemnity shall first be
paid. (553a)
ARTICLE 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. (554)
This is a natural servitude and therefore exists
only with respect to waters which form in upper
tenements and flow to the lower tenements by
force of nature, and not those caused by acts of
man
read Art. 638 in conjunction with Art. 50 & 51 of
the Water Code.(recreation is included)
ARTICLE 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. (555)
ARTICLE 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. (556)
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ARTICLE 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 flow 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 filter or
descend. (557)
ARTICLE 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 sufficient 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.
(558)
ARTICLE 644. The easement of aqueduct for
private interest cannot be imposed on buildings,
courtyards, annexes, or outhouses, or on orchards or
gardens already existing. (559)
ARTICLE 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.
(560)
ARTICLE 646. For legal purposes, the easement of
aqueduct shall be considered as continuous and
apparent, even though the flow 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. (561)
Legal easement of aqueduct, the right to make
water flow through intervening estates in order
that one may make use of said waters.
Requisites:
• indemnity must be paid to owners of
intervening estates and to the owners of
lower estates upon which the waters
may filter or descend
• there must be proof that:
◦ he can dispose of the water
◦ the water is sufficient for the use for
which it was intended
◦ that the proposed course is the
most convenient and the least
onerous to 3rd persons and the
servient estate
◦ proper administrative permission is
obtained
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 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. (562)
ARTICLE 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. (563a)
Section 3. - Easement of Right of Way
ARTICLE 649. The owner, or any person who by
virtue of a real right may cultivate or use any
immovable, which is surrounded by other immovables
pertaining to other persons and without adequate
outlet to a public highway, is entitled to demand a right
of way through the neighboring estates, after payment
of 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 estate, establishing a
permanent passage, the indemnity shall consist of the
value of the land occupied and the amount of the
damage caused to the servient estate.
In case the right of way is limited to the necessary
passage for the cultivation of the estate surrounded by
others and for the gathering of its crops through the
servient estate without a permanent way, the
indemnity shall consist in the payment of the damage
caused by such encumbrance.
This easement is not compulsory if the isolation of the
immovable is due to the proprietor's own acts. (564a)
When there is a permanent road, the easement
should be considered as continuous, because
the existence of the road is a continuing
assertion of a right against the exclusive
dominion of its owner.
If there are consequential benefits, this may be
deducted from the amount that is to be paid by
the dominant estate.
The right of easement of right of way may be
demanded by:
• owner of the dominant estate
• all persons who by virtue of a real right
may cultivate and use the tenement
requisites:
• dominant estate is surrounded by other
immovables and has no adequate outlet
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to a public estate.
• Payment of indemnity
• isolation was not due to the acts of the
proprietor of the dominant estate
• right of way claimed is at point lease
prejudicial to the servient estate or that
shortest distance from the dominant
estate to the public highway
there must be a real necessity for the easement
of right of way to justify its imposition.
When easement of right of way may be
demanded:
• when there is absolutely no access to a
public highway
• when, even if there is one, it is difficult
or dangerous to use, or is grossly
insufficient
payment of the value of the land for a
permanent use of the easement does not mean
an alienation of the land occupied.
ARTICLE 650. The easement of right of way shall
be established at the point least prejudicial to the
servient estate, and, insofar as consistent with this
rule, where the distance from the dominant estate to a
public highway may be the shortest. (565)
The criterion of least prejudice to the servient
estate must prevail over the criterion of shortest
distance.
Before the determination of the place and the
conditions of the right of way by agreement of
the parties or by the judicial decision, the
establishment of any road would constitute an
invasion of the possession of the land, with all
the consequences resulting for such
transgression.
Exception: state of necessity (Art. 432, NCC)
ARTICLE 651. The width of the easement of right
of way shall be that which is sufficient for the needs of
the dominant estate, and may accordingly be changed
from time to time. (566a)
The needs of the tenement determines the
width of the passage.
ARTICLE 652. Whenever a piece of land acquired
Civil Code, Book II
Property (Tolentino & Paras)
by sale, exchange or partition, is surrounded by other
estates of the vendor, exchanger, or co-owner, he
shall be obliged to grant a right of way without
indemnity.
In case of a simple donation, the donor shall be
indemnified by the donee for the establishment of the
right of way. (567a)
ARTICLE 653. In the case of the preceding article,
if it is the land of the grantor that becomes isolated, he
may demand a right of way after paying a indemnity.
However, the donor shall not be liable for indemnity.
(n)
Reason: the servitude without indemnity is
considered as a tacit condition of the sale,
exchange, or partition depended on the will of
the parties
This cannot be implied in a simple donation,
because the grantor receives nothing from the
grantee.
In case of disappearance of the original way,
the legal servitude may be demanded under the
provisions of Art. 649, with the payment of
indemnity.
ARTICLE 654. If the right of way is permanent, the
necessary repairs shall be made by the owner of the
dominant estate. A proportionate share of the taxes
shall be reimbursed by said owner to the proprietor of
the servient estate. (n)
ARTICLE 655. If the right of way granted to a
surrounded estate ceases to be necessary because
its owner has joined it to another abutting on a public
road, the owner of the servient estate may demand
that the easement be extinguished, returning what he
may have received by way of indemnity. The interest
on the indemnity shall be deemed to be in payment of
rent for the use of the easement.
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. (568a)
Extinguishment under Art. 655 is not automatic.
The right to ask this extinguishment is given
only to the owner of the servient estate; hence,
the owner of the dominant estate cannot ask for
the return of the indemnity, unless the former
asks for extinguishment, because the return of
the indemnity is only a consequence of the
extinguishment.
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Amount to be returned:
• permanent road
◦ value of the land used and the
damages caused to servient estate
• extinguishment of the servitude
◦ value of the land
• discontinuous or temporary
◦ nothing is to be returned
ARTICLE 656. If it be indispensable for the
construction, repair, improvement, alteration or
beautification of a building, to carry materials through
the estate of another, or to raise therein scaffolding 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. (569a)
Indispensable – it is extremely difficult to do
the construction or repair without the easement.
ARTICLE 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. (570a)
Section 4. - Easement of Party Wall
ARTICLE 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 conflict
with the same, and by the rules of co-ownership.
(571a)
Party wall
• as an easement vs. as co-ownership
• strictly speaking, party wall is a kind of
ownership but it has a special
characteristic which make it more of a
servitude.
Q: Which is the servient estate?
59
Civil Code, Book II
Property (Tolentino & Paras)
A: The party wall itself is the servient estate
ARTICLE 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. (572)
ARTICLE 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, floors 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. (573)
The enumeration of external signs in this article
is merely illustrative, not exclusive.
If the external signs indicate ownership on both
sides of the wall, attention should be directed to
the comparative quality or importance, rather
than to the number of signs.
When there is a contradiction between an
external sign and a title to the wall, the title
must prevail.
ARTICLE 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.
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There is a sign contrary to the part-ownership
whenever the earth or dirt removed to open the ditch
or to clean it is only on one side thereof, in which case
the ownership of the ditch shall belong exclusively to
the owner of the land having this exterior sign in its
favor. (574)
ARTICLE 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. (575)
The cost of repairs cannot be imposed on all
the co-owners of the party wall when the
defects were occasioned by only one owner.
The renunciation in Art. 662 refers not only to
the wall but also to the land on which it was
constructed because the wall cannot be
separated from the land.
The renunciation by a part owner is subject to
the implied condition that the co-owner in
whose favor the abandonment is made, shall
bear the charges of preserving and repairing
the wall.
Renunciation cannot be resorted to by a co-
owner to escape liability for damages
occasioned by his own fault. This will result to
novation.
ARTICLE 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. (576)
Liability of the owner who demolishes his
building is limited to the damages which are
simultaneous to or are occasioned immediately
by the demolition.
ARTICLE 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.
Civil Code, Book II
Property (Tolentino & Paras)
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. (577)
A person building a common wall must exercise
such reasonable care as will render the
inconvenience and loss to his neighbor as small
as practicable.
The additional thickness of the new wall must
be placed on the land of the person building it,
but the foundation may extend equally on each
side from the center of the wall.
ARTICLE 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. (578a)
ARTICLE 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. (579a)
Each part-owner can use the party wall only in
proportion to his interest.
The extent of the right to use is thus made to
correspond to the extent of liability for repairs
and construction provided for in Art. 662.
SECTION 5
Easement of Light and View
ARTICLE 667. No part-owner may, without the
consent of the others, open through the party wall any
window or aperture of any kind. (580)
Reason: because such an act would imply the
exercise of the right of ownership by the use of
the entire thickness of the wall; it would be an
invasion of the right of the other part owners,
inasmuch as each owner is entitled only to a
proportional use of the party wall.
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ARTICLE 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. (n)
may be acquired by prescription
prohibition to the adjoining owner from
constructing a higher tenement that will obstruct
the view.
ARTICLE 669. When the distances in article 670
are not observed, the owner of a wall which is not
party wall, adjoining a tenement or piece of land
belonging to another, can make in it openings to admit
light at the height of the ceiling joints or immediately
under the ceiling, and of the size of thirty centimeters
square, and, in every case, with an iron grating
imbedded in the wall and with a wire screen.
Nevertheless, the owner of the tenement or property
adjoining the wall in which the openings are made can
close them should he acquire part-ownership thereof,
if there be no stipulation to the contrary.
He can also obstruct them by constructing a building
on his land or by raising a wall thereon contiguous to
that having such openings, unless an easement of
light has been acquired. (581a)
The openings allowed by this article are for the
purpose of admitting light, hence they can be
made only in the walls of buildings.
Ceiling – part of the construction which covers
the room under it and certainly forms one of the
essential parts of every story of the building
having several floors.
Joists – horizontal timber that are placed upon
the tops of the uprights; beams;
restrictions:
• 900cm2 ; if the 2 meter (direct view) or
60cm (oblique view) is not followed
• with iron grating imbedded on the wall
• with a wire screen
• opening must be at the height of the
ceiling joists or immediately under the
ceiling
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 670. No windows, apertures, balconies,
or other similar projections which afford a direct view
upon or towards an adjoining land or tenement can be
made, without leaving a distance of two meters
between the wall in which they are 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 sixty centimeters.
The nonobservance of these distances does not give
rise to prescription. (582a)
Direct view – that which is obtained from a wall
parallel to the boundary line, such that from the
opening in such wall it is possible to see the
adjoining tenement without the necessity of
putting out or turning one's head
side or oblique view – obtained from a wall at
an angle with the boundary line; in order to see
the adjoining tenement, it is necessary ti out out
or turn one's head to the left or to the right.
When windows are opened at a distance less
than that prescribed by this article from the
boundary lines, they constitute unlawful
openings, and the owner who opened them
may be ordered by the court to close them.
ARTICLE 671. The distance referred to in the
preceding article shall be measured in cases of direct
views from the outer line of the wall when the
openings do not project, from the outer line of the
latter when they do, and in cases of oblique view from
the dividing line between the two properties. (583)
ARTICLE 672. The provisions of article 670 are not
applicable to buildings separated by a public way or
alley, which is not less than three meters wide, subject
to special regulations and local ordinances. (584a)
ARTICLE 673. Whenever by any title a right has
been acquired to have direct views, balconies or
belvederes overlooking an adjoining property, the
owner of the servient estate cannot build thereon at
less than a distance of three meters to be measured
in the manner provided in article 671. Any stipulation
permitting distances less than those prescribed in
article 670 is void. (585a)
True servitude. The acquisition of this servitude
may be through contract, testament, or
prescription.
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The distance provided in this article may be
increased by stipulation of the parties.
SECTION 6
Drainage of Buildings
ARTICLE 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. (586a)
This article does not establish a servitude but
merely regulates the use of one's property.
The last sentence of this article is an exception
to Art. 637 which requires lower tenements to
receive the water flowing naturally from higher
tenements.
ARTICLE 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. (587)
ARTICLE 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 property indemnity. (583)
SECTION 7
Intermediate Distances and Works for
Certain Constructions and Plantings
ARTICLE 677. No constructions can be built or
plantings made near fortified places or fortresses
without compliance with the conditions required in
special laws, ordinances, and regulations relating
thereto. (589)
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Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 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. (590a)
ARTICLE 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 fifty 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. (591a)
Distance:
• 2meters – tall trees
• 50cm – small trees, shrubs
Termination of what tall or short trees is to be
determined by judicial appraisal, depending on
what may be expected according to their
nature.
ARTICLE 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 off 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 off himself within
his property. (592)
Right to cut roots can be exercised without
notice to the owner of the trees. But as to the
branches, it is necessary to ask that they be
cut, and if the owner of the tree does not do so
voluntarily, the court may authorize the
neighboring owner to cut them.
The right to cut does not prescribe so long as
the owner tolerates the branches and roots
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invading his tenement. But the moment the
owner of the tenement demanded that the
branches be cut off and the owner of the tree
refuses to do so, the prescription starts to run.
ARTICLE 681. Fruits naturally falling upon adjacent
land belong to the owner of said land. (n)
based on the principle of accession.
SECTION 8
Easement Against Nuisance (n)
ARTICLE 682. Every building or piece of land is
subject to the easement which prohibits the proprietor
or possessor from committing nuisance through noise,
jarring, offensive odor, smoke, heat, dust, water, glare
and other causes.
Nuisance – class of wrongs which arise from
unreasonable, unwarranted, or unlawful use by
a person of his own property, and which
produces such material annoyance,
inconvenience, discomfort or harm that the law
will presume a consequent damage.
The easement against nuisance is not an
easement at all but a restriction upon the
ownership and not every limitation on the right
of ownership is an easement.
ARTICLE 683. Subject to zoning, health, police and
other laws and regulations, factories and shops may
be maintained provided the least possible annoyance
is caused to the neighborhood.
SECTION 9
Lateral and Subjacent Support (n)
ARTICLE 684. No proprietor shall make such
excavations upon his land as to deprive any adjacent
land or building of sufficient lateral or subjacent
support.
Lateral – both the land being supported and the
supporting land are on the same plane
subjacent – supported land is above the
supporting land
Civil Code, Book II
Property (Tolentino & Paras)
The excavator, instead of observing a sufficient
distance to permit the necessary lateral support
of adjoining lot may support the latter artificially.
Remedies for violation:
• action for damages
◦ the action may be maintained
against anyone who causes the
injury, whether he is the owner of
the land or not
• injunction
◦ the injunctive relief will be granted if
the acts done, or threatened to be
done would be ruinous or
irreparable or would impair the just
enjoyment of the property in the
future.
ARTICLE 685. Any stipulation or testamentary
provision allowing excavations that cause danger to
an adjacent land or building shall be void.
Reason: contrary to public policy. It may
endanger not just property but also human life.
ARTICLE 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.
Paras & Dean Navarro: One is expected under
this article to be prophetic.
ARTICLE 687. Any proprietor intending to make
any excavation contemplated in the three preceding
articles shall notify all owners of adjacent lands.
Purpose of notice: enable the adjoining owners
to take the necessary precautions to protect
their lands and the building thereon.
Although the person making the excavation has
given notice, he is bound nevertheless to
exercise reasonable care and skill in
excavating on his land so as not to cause
damage to the neighboring property. The giving
of the notice is just an additional precaution; it
does not have the force and effect of a
substitute for and does not absolve the
excavator from the duty to exercise reasonable
car et avoid injury to neighboring buildings.
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CHAPTER 3
VOLUNTARY EASEMENT
ARTICLE 688. Every owner of a tenement or piece
of land may establish thereon the easements which
he may deem suitable, and in the manner and form
which he may deem best, provided he does not
contravene the laws, public policy or public order.
(594)
Only the owner may constitute an easement
over his property.
ARTICLE 689. The owner of a tenement or piece of
land, the usufruct of which belongs to another, may
impose thereon, without the consent of the
usufructuary, any servitudes which will not injure the
right of usufruct. (595)
ARTICLE 690. Whenever the naked ownership of a
tenement or piece of land belongs to one person and
the beneficial ownership to another, no perpetual
voluntary easement may be established thereon
without the consent of both owners. (596)
ARTICLE 691. In order to impose an easement on
an undivided tenement, or piece of land, the consent
of all the co-owners shall be required.
The consent given by some only, must be held in
abeyance until the last one of all the co-owners shall
have expressed his conformity.
But the consent given by one of the co-owners
separately from the others shall bind the grantor and
his successors not to prevent the exercise of the right
granted. (597a)
Under the last paragraph of Art. 691, once the
co-owner has given his consent too the
imposition of the servitude, it is nit necessary
for him to give his consent anew when the other
co-owners later give their consent; continuing
consent.
ARTICLE 692. The title and, in a proper case, the
possession of an easement acquired by prescription
shall determine the rights of the dominant estate and
the obligations of the servient estate. In default
thereof, the easement shall be governed by such
provisions of this Title as are applicable thereto. (598)
ARTICLE 693. If the owner of the servient estate
should have bound himself, upon the establishment of
the easement, to bear the cost of the work required for
the use and preservation thereof, he may free himself
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
from this obligation by renouncing his property to the and under any circumstances,
owner of the dominant estate. (599) regardless of surroundings or
location
In order to produce the transmission of ▪ may be proved by the mere act
ownership over the tenement abandoned, the ◦ nuisance per accidens or in fact
abandonment or transfer must be made in the ▪ one that becomes nuisance by
proper juridical form required for the reason of circumstances and
transmission of ownership of immovable surroundings.
property. ▪ Proof of the act and
consequence is necessary
TITLE VIII • injurious effects
NUISANCE ◦ public
▪ doing of or failure to do
ARTICLE 694. A nuisance is any act, omission, something that injuriously
establishment, business, condition of property, or affects the safety, health, or
anything else which: morals of the public
(1) Injures or endangers the health or safety of
◦ private
others; or
(2) Annoys or offends the senses; or ▪ one which violates only private
(3) Shocks, defies or disregards decency or rights and produces damages to
morality; or but one or few persons
(4) Obstructs or interferes with the free passage ◦ mixed
of any public highway or street, or any body of water;
or
(5) Hinders or impairs the use of property. test WON public or private nuisance: he
possibility of annoyance to the public by the
invasion of its rights.
Nuisance
• Fr. Nuire; injury, hurt, harm; annoyance;
ARTICLE 696. Every successive owner or
anything that works hurt or injury. possessor of property who fails or refuses to abate a
• applied to that class of wrongs that nuisance in that property started by a former owner or
arise from the unreasonable, possessor is liable therefor in the same manner as the
unwarrantable, or unlawful use by a one who created it.
man of his own property, or form his
improper, indecent or unlawful personal He who creates the nuisance is liable for the
conduct, working on obstruction or resulting damages, and ordinarily his liability
injury to the right of others, or of the continues as long as the nuisance continues.
public producing such material
annoyance, inconvenience, discomfort He whose duty is to abate a nuisance should
or hurt that the law will presume a answer for the consequences resulting form its
consequent damage. continuance.
All persons who join or participate in the
ARTICLE 695. Nuisance is either public or private. creation or maintenance of a nuisance are
A public nuisance affects a community or liable jointly and severally for the wrong injury
neighborhood or any considerable number of persons, done thereby.
although the extent of the annoyance, danger or
damage upon individuals may be unequal. A private
nuisance is one that is not included in the foregoing If two or more persons who create or maintain a
definition. private nuisance act entirely independent of one
another, and without any community of interest,
concert of action, or common design, each is
Classification of nuisance:
liable only so far as his acts contribute to the
• nature
injury.
◦ nuisance per se or at law
▪ act, occupation or structure ***Attractive nuisance rule
which is a nuisance at all times

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Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 697. The abatement of a nuisance does
not preclude the right of any person injured to recover
damages for its past existence.
ARTICLE 698. Lapse of time cannot legalize any
nuisance, whether public or private.
Prescription or lapse of time cannot be relied
upon to establish a right or to maintain a public
nuisance.
ARTICLE 699. The remedies against a public
nuisance are:
(1) A prosecution under the Penal Code or any
local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
Criminal prosecution
• only for public nuisance not for private
nuisance
• the defendant on conviction for
maintaining a nuisance of a continuing
character, aside from being sentenced
to a penalty may be ordered also to
abate the nuisance, and if he fails to do
so, a writ founded on the judgment may
issue to the sheriff requiring him to
abate the nuisance at the cost of the
prisoner.
Injunction
• may be applied if the indictable
nuisance is pressing or imminent
extra-judicial abatement
• valid in the exercise of police power
• based on necessity, the necessity must
be present to justify its exercise.
• If property is destroyed or taken as a
nuisance, the owner is not entitled to
compensation. And the municipality,
officer or person destroying it is not
liable for damages.
• Can only be applied if what is abated is
a nuisance per se and NOT nuisance
per accidens.
ARTICLE 700. The district health officer shall take
care that one or all of the remedies against a public
nuisance are availed of.
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ARTICLE 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.
ARTICLE 702. The district health officer shall
determine whether or not abatement, without judicial
proceedings, is the best remedy against a public
nuisance.
ARTICLE 703. A private person may file an action
on account of a public nuisance, if it is specially
injurious to himself.
General rule: public nuisance must be abated
in the name of the State, or at the suit of some
proper officer or body as an authorized officer.
Exception: an individual who has suffered
some special damage by reason of public
nuisance may bring such suit for its abatement.
ARTICLE 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 first 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 officer and executed with the assistance
of the local police; and
(4) That the value of the destruction does not
exceed three thousand pesos.
Requisites:
• may be exercised only in cases of
urgent or extreme necessity
• the summary abatement should be
resorted to within a reasonable time
after knowledge of the nuisance is
acquired
• reasonable notice of intention to abate
the nuisance must be given to the
owner
• means employed must be reasonable
• abatement must be approved by the
district health officer
• property must not be destroyed unless it
is really necessary to do so
• rights must always be exercised with
the assistance of the local police
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Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 705. The remedies against a private
nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
Right to damages
• reparation for past injuries and not an
authority to continue the wrong
• where the nuisance was created or
maintained intentionally, willfully, or
maliciously, exemplary or punitive
damages may be allowed.
Available defenses
• public necessity
◦ under the pressure of public
necessity what would otherwise
constitute a nuisance may be
inflicted upon certain members of
the community
• estoppel
• impossibility of abatement
• non-existence of the nuisance
ARTICLE 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.
Ownership of the legal title is not necessary t
enable one to maintain a suit to prevent a
threatened nuisance which would disturb him in
the peaceable use and possession of property
on which he resides
ARTICLE 707. A private person or a public official
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.
Remedies:
• replevin
• injunction (sale, destruction)
• recover proceeds
• damages
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TITLE IX
Registry of Property
ARTICLE 708. The Registry of Property has for its
object the inscription or annotation of acts and
contracts relating to the ownership and other rights
over immovable property. (605)
Register of Deeds – public repository of records
of public documents affecting the title to lands
in the provinces or city where the lands are
located.
ARTICLE 709. The titles of ownership, or of other
rights over immovable property, which are not duly
inscribed or annotated in the Registry of Property shall
not prejudice third persons. (606)
ARTICLE 710. The books in the Registry of
Property shall be public for those who have a known
interest in ascertaining the status of the immovables
or real rights annotated or inscribed therein. (607)
The purpose of registration is merely to notify
and protect the interests of strangers to a given
transaction, who may be ignorant thereof, and
the non-registration of the deed evidencing
such transaction does not relieve the parties
thereto of their obligations thereunder.
Registration is useless when what is registered
is insufficient to grant such right as in the case
of fictitious or simulated sale.
ARTICLE 711. For determining what titles are
subject to inscription or annotation, as well as the
form, effects, and cancellation of inscriptions and
annotations, the manner of keeping the books in the
Registry, and the value of the entries contained in said
books, the provisions of the Mortgage Law, the Land
Registration Act, and other special laws shall govern.
(608a)
BOOK III
DIFFERENT MODES OF ACQUIRING
OWNERSHIP
Preliminary Provision
ARTICLE 712. Ownership is acquired by
occupation and by intellectual creation.
Ownership and other real rights over property are
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
acquired and transmitted by law, by donation, by Mode Title
testate and intestate succession, and in consequence
of certain contracts, by tradition. Proximate cause Remote cause
They may also be acquired by means of prescription. The true The justification for the
(609a)
caues/process process

Mode: Directly produces a Serves merely to give

• the specific cause which gives rise to
them, as the result of the presence of a
special condition of things, of the
aptitude and intent of persons, and of
compliance with the conditions
established by law. This is the
proximate cause of the acquisition.
• If there is no mode, ownership will not
be acquired (Acap vs CA)
• Two kinds of mode
◦ original mode
▪ independent of any pre-existing
right of another person
▪ necessarily free from any
burdens or encumbrances
▪ e.g.
• intellectual creation
• occupation
◦ derivative mode
▪ based on a right previously held
by another person and therefore
subject to the same
characteristics as when held by
the preceding owner.
▪ May be by
• transfer of rights
◦ transmits the right in its
entirety to another
• constitution of rights
◦ a person does not
transmit his rights in its
entirety, but only a part
thereof which is inferior
in character
▪ e.g.
• succession
• tradition
Title
• the juridical justification for the
acquisition or a transfer of ownership or
other real right. This is the remote
cause of the acquisition.
real right an opportunity for the
existence of a real
right, meantime only a
personal right.
Loss of ownership
• voluntary
◦ abandonment
▪ renunciation of real rights;
requires legal capacity of the
subject and the intent to renounce
the right
◦ alienation
▪ transfer of ownership to another
person
▪ mortis causa or inter vivos;
onerous or gratuitous
• involuntary
◦ loss of the thing
▪ total ophysical destruction or
juridical loss
◦ accession continua
◦ rescissory actions
◦ judicial decree
◦ operation of law
▪ prescription or acts of the State
or they may be classified as:
• absolute extinguishment
• relative extingusihment
• special causes of extunguishment
LAW
• Arts. 158, 445, 461, 465, 466, 681, 1434,
1456
TRADITION
• legal delivery
• derivative mode of acquiring ownership
and other real rights, by virtue of which
these are transmitted from the patrimony
of one person to that of another by means
of a just title, the former and the latter
having both the intent and the capacity for
the transmission.
• Determines the birth of a real right
• Types of delivery:

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Civil Code, Book II
Property (Tolentino & Paras)
◦ actual delivery (Art. 1497)
▪ when the thing sold is placed in
control and possession of the
buyer
▪ although possession is the best
gauge when there is control,
nonetheless, control can take
other forms other than actual
physical possession
▪ the keyword is control, not
possession
◦ constructive delivery (Art. 1496)
***existence of an agreement
between seller and buyer that
latter is understood to have
control over the subject matter
of the sale
▪ execution of a public instrument
• Art. 1498: in the case of
both movables and
immovables, when the sale
is made through a public
instrument, the execution
thereof shall be equivalent
to the delivery of the subject
matter of sale if in the deed
the contrary does not
appear or cannot be clearly
inferred
▪ symbolic delivery
• delivery of the keys of the
place or depository where
the movable is stored or
kept
• must involve or cover the
subject matter and cannot
• one acquires ownership and other real
take the form relating to the
payment of the purchase
price
▪ constitutum possessorium
• takes effect when at the
time of the perfection of the
sale, the seller held
possession of the subject
matter in the concept of an
owner, and pursuant to the
contract, the seller
continues to hold physical
possession thereof no
longer in the concept of an
owner, but as a lessee or
any other form of
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possession, other than in
concept of owner
• where the seller remains in
possession of the property
in a different capacity. (San
Lorenzo Dev't Corp vs CA)
▪ traditio brevi manu
• opposite of constitutum
possessorium
• if the buyer already had
possession of the object
even before the sale (San
Lorenzo Dev't Corp vs CA)
▪ traditio longa manu
• delivery by mere agreement
• pointing of the hand
• by mere consent or
agreement if the movable
sold cannot yet be
transferred to the
possession of the buyer at
the time of the sale (San
Lorenzo Dev't Corp vs CA)
◦ delivery by negotiable document of
title
◦ quasi tradition or delivery of
incorporeal property
▪ the placing of the titles of
ownership in the possession of
the vendee or the use by the
vendee of his rights, with the
vendor's consent, shall be
understood as a delivery.
PRESCRIPTION
rights through the lapse of time in the
manner and under the conditions laid
down by law.
◦ Acquisitive prescription
▪ vests the property and raised a
new title in the occupant
▪ requisites
• capacity to acquire
• thing capable of acquisition
• possession of the thing
• lapse of time provided by
law
▪ types:
• ordinary
Civil Code, Book II
Property (Tolentino & Paras)
◦ requires possession of
thing in good faith and
with just title
◦ conversion of
possession
▪ the supervening bad
faith erases the
former possession in
good faith,
extraordinary
prescription will run
from the date of
possession in bad
faith
▪ prescription will be
extraordinary but the
period will be
counted from the
time the possession
began.
▪ The prescription will
be extraordinary but
the possession in
good faith shall be
computed in the
proportion that the
period of
extraordinary
prescription bears to
that of ordinary
prescription
• extraordinary
◦ extinctive prescription
▪ statute of limitation
▪ one does not look at the act of
the possessor but to the neglect
of the owner.
• Just title must be proved, it is never
presumed.
• The acquisition of ownership or other
real rights through prescription is
retroactive.
• Persons capable of acquiring property
or rights by the other legal modes may
acquire the same by means of
prescription.
◦ Animus rem sibi habiendi – intent to
appropriate the thing as one's own;
essential element of possession.
• Possession has to be in the concept of
an owner, public, peaceful, and
uninterrupted.
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• Movables possessed through a crime
can never be acquired through
prescription by the offender.
• Lands registered in the Torrens system
cannot be acquired through prescription
or adverse possession.
• Person with capacity to alienate
property may renounce prescription
already obtained but not the right to
prescribe in the future.
• Rules in computation of period
◦ present possessor may complete
the period necessary for
prescription by tacking his
possession to that of his grantor or
predecessor
◦ it is presumed that the present
possessor who was also the
possessor at a previous time, has
continued to be in possession
during the intervening time, unless
there is proof of the contrary.
◦ First day excluded, last day
included.
TITLE I
Occupation
ARTICLE 713. Things appropriable by nature
which are without an owner, such as animals that are
the object of hunting and fishing, hidden treasure and
abandoned movables, are acquired by occupation.
(610)
Occupation
• apprehension of a corporeal thing which
has no owner by a person having
capacity for the purpose, with intent to
appropriate it as his, and according to
the rules established by law.
• Unilateral act through the material
apprehension of a thing
• limited to things without an owner
◦ never have had an owner
◦ it had an owner who has
abandoned it
• requisites
◦ intention to acquire ownership
◦ object must be appropriable by
nature and without an owner
◦ there must be an act of taking
possession of the thing
Civil Code, Book II
Property (Tolentino & Paras)
Occupation Possession
Can take place only Can refer to all kinds
with property without of property whether
an owner with or without an
owner
Confers ownership Does not give rise to
ownership
ARTICLE 714. The ownership of a piece of land
cannot be acquired by occupation. (n)
Based on the concept of jura regalia.
ARTICLE 715. The right to hunt and to fish is
regulated by special laws. (611
Hunting law:
• Act 2590
fishing laws
• Fisheries Act of 2003, as amended by
CA 116 & 417, and by RA 659
• Act 1499, as amended by Act 1685
• PD 534
ARTICLE 716. The owner of a swarm of bees shall
have a right to pursue them to another's land,
indemnifying the possessor of the latter for the
damage. If the owner has not pursued the swarm, or
ceases to do so within two consecutive days, the
possessor of the land may occupy or retain the same.
The owner of domesticated animals may also claim
them within twenty days to be counted from their
occupation by another person. This period having
expired, they shall pertain to him who has caught and
kept them. (612a)
ARTICLE 717. Pigeons and fish which from their
respective breeding places pass to another pertaining
to a different owner shall belong to the latter, provided
they have not been enticed by some article or fraud.
(613a)
Correlate Art. 717 to par. 6, Art. 415.
Italian code treats this as acquisition through
accession and not occupation.
ARTICLE 718. He who by chance discovers hidden
treasure in another's property shall have the right
granted him in article 438 of this Code. (614)
ARTICLE 719. Whoever finds a movable, which is
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AUF School of Law
not treasure, must return it to its previous possessor.
If the latter is unknown, the finder shall immediately
deposit it with the mayor of the city or municipality
where the finding has taken place.
The finding 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 finder. The finder
and the owner shall be obliged, as the case may be,
to reimburse the expenses. (615a)
Lost thing – are without possessor but are not
res nullius.
Failure to deliver the same to the authorities will
constitute theft.
RPC: knowledge of the ownership of the
property is no longer an essential element of
the crime of theft.
ARTICLE 720. If the owner should appear in time,
he shall be obliged to pay, as a reward to the finder,
one-tenth of the sum or of the price of the thing found.
(616a)
The principle of agency and negotiorum gestio
may be applied by analogy. As to the expense
of preservation, Art. 546 could also be applied.
TITLE II
Intellectual Creation
ARTICLE 721. By intellectual creation, the
following persons acquire ownership:
(1) The author with regard to his literary,
dramatic, historical, legal, philosophical, scientific or
other work;
(2) The composer; as to his musical
composition;
(3) The painter, sculptor, or other artist, with
respect to the product of his art;
(4) The scientist or technologist or any other
person with regard to his discovery or invention. (n)
ARTICLE 722. The author and the composer,
mentioned in Nos. 1 and 2 of the preceding article,
shall have the ownership of their creations even
before the publication of the same. Once their works
are published, their rights are governed by the
Copyright laws.
71
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
The painter, sculptor or other artist shall have • mortis causa
dominion over the product of his art even before it is
copyrighted. ARTICLE 725. Donation is an act of liberality
The scientist or technologist has the ownership of his whereby a person disposes gratuitously of a thing or
discovery or invention even before it is patented. (n) right in favor of another, who accepts it. (618a)

State policy: Simple Donation

Section 13. The State shall protect and
• gratuitous and irrevocable
secure the exclusive rights of scientists,
• elements:
inventors, artists, and other gifted citizens to
their intellectual property and creations, ◦ reduction of the patrimony of the
particularly when beneficial to the people, for donor
such period as may be provided by law. (Sec. ◦ increase in the patrimony of the
13, Art XIV, The 1987 Cosntitution) donee
◦ intent to do an act of liberality
ARTICLE 723. Letters and other private (animus donandi)
communications in writing are owned by the person to
whom they are addressed and delivered, but they donation is actually a contract because an
cannot be published or disseminated without the acceptance is always required to have a valid
consent of the writer or his heirs. However, the court donation.
may authorize their publication or dissemination if the
public good or the interest of justice so requires. (n)
The causa is the generosity.

Dual interests or property rights in the letter: Only owner can donate the property (Calicdan
• intellectual property, consisting of vs Celandana)
thoughts and the ideas and their form of
expression contained in the letter ARTICLE 726. When a person gives to another a
• the material or physical thing, which is thing or right on account of the latter's merits or of the
the paper and the impression made services rendered by him to the donor, provided they
do not constitute a demandable debt, or when the gift
thereon by the mechanical means of imposes upon the donee a burden which is less than
writing that has been employed. the value of the thing given, there is also a donation.
(619)
The contents of letters are objects of a right of
intellectual property, in the same manner as
Types of donation:
any product of the mind.
Simple donation
• the cause is pure liberality (no strings
ARTICLE 724. Special laws govern copyright and attached)
patent. (429a)
Remunetory donations
RA 8293, Intellectual property Code of the • compensate past services which do not
Philippines. constitute demandable debts
TITLE III • the cause is gratitude, a desire to
DONATION acknowledge and compensate a favor.
Chapter 1 • “They do not constitute a demandable
NATURE OF DONATIONS debt” – the service which was rendered
did not produce an obligation
Kinds of Donation: demandable against the donor or if it
• inter vivos had, such obligation has been
◦ pure or simple renounced in favor of the donor
◦ remunetory
◦ conditional or modal
◦ onerous

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Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
conditional or modal donation testamentary provisions, and shall be governed by the
• the donation may impose upon the rules established in the Title on Succession. (620)
donee a burden inferior in value to that
thing donated.
INTER VIVOS MORTIS CAUSA
• A mode does not affect the rights of the
donee, it is an accessory disposition by Takes effect Takes effect upon the
virtue of which the benefit conferred on independently of the death of the donor
the donee is restricted by the statement donor’s death
of the purpose to which the thing shall Made out of donor’s Made in
be applied pure generosity contemplation of his
• the mode may be in favor of the donor death without the
himself, 3rd person, or the public intention to lose the
• the party favored by the mode may thing or its free
demand its fulfillment disposal in
case of survival
onerous donation
Title conveyed to the Title conveyed upon
• donations for a valuable consideration
donee before the donor’s death
which is considered the equivalent of
donor’s death
donation
• the services are to be performed in the Valid if donor survives Void if donor survives
future donee donee
• every donation which imposes a burden Generally irrevocable Always revocable at
is therefore an onerous one during donor’s lifetime anytime and for any
◦ purely onerous except for grounds reason before the
▪ the burden is equal to or greater provided by law donor’s death
than the value of the donation
Must comply with the Must comply with
◦ modal
formalities required by formalities required by
▪ the donor imposes a prestation Law on donations Law on Succession
upon the donee
◦ mixed Must be accepted by Can only be accepted
▪ one which contains an onerous the donee during his after the donor’s death
transaction lifetime
• governed by the rules of contract Subject to donor’s tax Subject to estate tax
directly as to the onerous part; as to the
part exceeding the burden, the rules on In case of doubt the conveyance shall
contract are only suppletory, those on be deemed an inter vivos rather than mortis
simple donation being of primary causa, in order to avoid uncertainty as to the
application ownership of the property subject of a deed.

ARTICLE 727. Illegal or impossible conditions in The nature of donation is not

simple and remuneratory donations shall be determined by the title given to it by the donor
considered as not imposed. (n) but by what is expressed therein.

Only the illegal or impossible condition is
considered as not written; hence the donation is
valid, free from the condition
the condition shall be considered as simple or
pure
ARTICLE 728. Donations which are to take effect
upon the death of the donor partake of the nature of
ARTICLE 729. When the donor intends that the
donation shall take effect during the lifetime of the
donor, though the property shall not be delivered till
after the donor's death, this shall be a donation inter
vivos. The fruits of the property from the time of the
acceptance of the donation, shall pertain to the donee,
unless the donor provides otherwise. (n)

jmvdg 73
Civil Code, Book II
Property (Tolentino & Paras)
ARTICLE 730. The fixing of an event or the
imposition of a suspensive condition, which may take
place beyond the natural expectation of life of the
donor, does not destroy the nature of the act as a
donation inter vivos, unless a contrary intention
appears. (n)
ARTICLE 731. When a person donates something,
subject to the resolutory condition of the donor's
survival, there is a donation inter vivos. (n)
ARTICLE 732. Donations which are to take effect
inter vivos shall be governed by the general provisions
on contracts and obligations in all that is not
determined in this Title. (621)
ARTICLE 733. Donations with an onerous cause
shall be governed 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. (622)
ARTICLE 734. The donation is perfected from the
moment the donor knows of the acceptance by the
donee. (623)
Once the donation is perfected, the
donor can no longer withdraw and he can be
compelled to comply with his offering or to
deliver the thing she wanted to donate.
An acceptance is necessary because
no one is obliged to receive a benefit against
his will.
After the donation is perfected, it can
only be revoked by the consent of the donee or
by juridical decree, especially when the
donation is onerous.
CHAPTER 2
Persons Who May Give or Receive a
Donation
ARTICLE 735. All persons who may contract and
dispose of their property may make a donation. (624)
The capacity required in this article is for
disposition inter vivos not mortis causa.
Both the capacity to contract and dispose of
must exist.
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ARTICLE 736. Guardians and trustees cannot
donate the property entrusted to them. (n)
Under the Old law, the prohibition did not exist.
Under this provision, as worded, guardians and
trustees may of course donate their own
properties but not the properties entrusted to
hem, for the simple reason that they are not the
owners thereof.
ARTICLE 737. The donor's capacity shall be
determined as of the time of the making of the
donation. (n)
“making of the donation” - perfection of the
donation; for it is really upon perfection that the
donation is legally made.
The capacity of the donor must be determined
as of the perfection of donation.
See Art. 1323 of the Civil Code to solve this
gray area in the law and to justify the donor to
sue for annulment of contract
ARTICLE 738. Al those who are not specially
disqualified by law therefor may accept donations.
(625)
All persons, whether natural or juridical may be
donees.
ARTICLE 739. The following donations shall be
void:
(1) Those made between persons who were
guilty of adultery or concubinage at the time of the
donation;
(2) Those made between persons found guilty of
the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife,
descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for
declaration of nullity may be brought by the spouse of
the donor or donee; and the guilt of the donor and
donee may be proved by preponderance of evidence
in the same action. (n)
The term wife in the 3rd paragraph shall be
interpreted to mean spouse so as to include the
husband
Civil Code, Book II
Property (Tolentino & Paras)
Art. 2012 provides that “any person who is
forbidden from receiving any donation under
Art. 739 cannot be named beneficiary of a life
insurance policy by the person who cannot
make any donation to him, according to said
article.”
ARTICLE 740. Incapacity to succeed by will shall
be applicable to donations inter vivos. (n)
ARTICLE 1027. The following are
incapable of succeeding:
1. The priest who heard the confession of
the testator during his last illness, or the
minister of the gospel who extended
spiritual aid to him during the same
period;
2. The relatives of such priest or
minister of the gospel within the fourth
degree, the church, order, chapter,
community, organization, or institution
to which such priest or minister may
belong;
3. A guardian with respect to testamentary
dispositions given by a ward in his favor
before the final accounts of the
guardianship have been approved,
even if the testator should die after the
approval thereof; nevertheless, any
provision made by the ward in favor of
the guardian when the latter is his
ascendant, descendant, brother, sister,
or spouse, shall be valid;
4. Any attesting witness to the execution
of a will, the spouse, parents, or
children, or any one claiming under
such witness, spouse, parents, or
children;
5. Any physician, surgeon, nurse, health
officer or druggist who took care of the
testator during his last illness;
6. Individuals, associations and
corporations not permitted by law to
inherit. (745, 752, 753, 754a)
ARTICLE 741. Minors and others who cannot enter
into a contract may become donees but acceptance
shall be done through their parents or legal
representatives. (626a)
Minors and incapacitated persons do not have
the capacity to make formal acceptance of a
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donation; the intervention of their parents or
legal representatives is required.
ARTICLE 742. Donations made to conceived and
unborn children may be accepted by those persons
who would legally represent them if they were already
born. (627)
Requisites:
• the child be born alive later (if it had a
normal intra uterine life)
• or that the child, after being born alive,
should live for at least 24 hours (if it had
an intra uterine life of less than 7
months). Otherwise, if the child never
possessed juridical personality, there
beong no donee, the donation is null
and void.
ARTICLE 743. Donations made to incapacitated
persons shall be void, though simulated under the
guise of another contract or through a person who is
interposed. (628)
The persons referred to as disqualified in this
case are those who are disqualified to become
donees.
ARTICLE 744. Donations of the same thing to two
or more different donees shall be governed by the
provisions concerning the sale of the same thing to
two or more different persons. (n)
Like in instances of double sale, Article 1544
applies in case of double donation.
• rules of preference:
◦ 1st who recorded it with the proper
registry of property
◦ should there be no entry, the one
who 1st took possession thereof
◦ the one with oldest title, provided
there is good faith.
Justice Vitug & Dean Navarro:
This provision is problematic as the Civil
Code Commission failed to remember that
donation is different form sale. And that the
attempt to donate the property for the second
time around, the donor would have no right to
effect donation as he is no longer the owner of
the property.
Civil Code, Book II
Property (Tolentino & Paras)
Donation is sufficient in itself to transfer
ownership.
ARTICLE 745. The donee must accept the
donation personally, or through an authorized person
with a special power for the purpose, or with a general
and sufficient power; otherwise, the donation shall be
void. (630)
While the provision speaks only of acceptance,
it would seem that it also applies to the giving
on the part of the donor.
ARTICLE 746. Acceptance must be made during
the lifetime of the donor and of the donee. (n)
Reason for the provision:
• The donation is personal between the
donor and the donee.(Code
Commission)
If the donor dies before he learns of the
acceptance, the donation does not take effect.
ARTICLE 747. Persons who accept donations in
representation of others who may not do so by
themselves, shall be obliged to make the notification
and notation of which article 749 speaks. (631)
It is understood that the persons referred to in
this article are duly authorized to do the
acceptance.
Notification and notation, in the proper cases,
are essential for the perfection of the donation.
ARTICLE 748. The donation of a movable may be
made orally or in writing.
An oral donation requires the simultaneous delivery of
the thing or of the document representing the right
donated.
If the value of the personal property donated exceeds
five thousand pesos, the donation and the acceptance
shall be made in writing. Otherwise, the donation shall
be void. (632a)
ARTICLE 749. In order that the donation of an
immovable may be valid, it must be made in a public
document, specifying therein the property donated
and the value of the charges which the donee must
satisfy.
The acceptance may be made in the same deed of
donation or in a separate public document, but it shall
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not take effect unless it is done during the lifetime of
the donor.
If the acceptance is made in a separate instrument,
the donor shall be notified thereof in an authentic
form, and this step shall be noted in both instruments.
(633)
A transfer of real property from one person to
another cannot take effect as a donation unless
expressed in a public instrument.
A public instrument is not necessary in cases of
onerous donations because they are governed
by the rules on contracts.
Title to an immovable property does not pass
from the donor to the donee by virtue of a deed
of donation until and unless it has been
accepted in a public instrument and the donor
duly notified thereof.
Acceptance may be made in the very same
instrument of donation.
CHAPTER 3
Effect of Donations and Limitations Thereon
ARTICLE 750. The donation may comprehend all
the present property of the donor, or part thereof,
provided he reserves, in full ownership or in usufruct,
sufficient means for the support of himself, and of all
relatives who, at the time of the acceptance of the
donation, are by law entitled to be supported by the
donor. Without such reservation, the donation shall be
reduced in petition of any person affected. (634a)
The article applies to all kinds of donations,
except donation mortis causa, donation propter
nuptias, and onerous donations.
The donation of all the present property of the
donor, without the reservation of a sufficient
amount for his subsistence, is not void, but only
susceptible of reduction.
ARTICLE 751. Donations cannot comprehend
future property.
By future property is understood anything which the
donor cannot dispose of at the time of the donation.
(635)
Civil Code, Book II
Property (Tolentino & Paras)
Future property
• all property that belongs to others at the
time the donation is made, although it
may or may not later belong to the
donor
• properties to which the donor has a
right, although the delivery of such
property to him may be fixed for a future
date, are not future properties, and can
therefore be donated.
• The basis of this article is that the donor
cannot deliver or dispossess himself of
the future property
• nemo dat quod non habet
ARTICLE 752. The provisions of article 750
notwithstanding, no person may give or receive, by
way of donation, more than he may give or receive by
will.
The donation shall be inofficious in all that it may
exceed this limitation. (636)
The limitation imposed under this article
applies to persons who have compulsory heirs.
ARTICLE 753. When a donation is made to several
persons jointly, it is understood to be in equal shares,
and there shall be no right of accretion among them,
unless the donor has otherwise provided.
The preceding paragraph shall not be applicable to
donations made to the husband and wife jointly,
between whom there shall be a right of accretion, if
the contrary has not been provided by the donor.
(637)
General rule: there is no Accretion in donation
except: donation to spouses, or otherwise
provided by the donor
ARTICLE 754. The donee is subrogated to all the
rights and actions which in case of eviction would
pertain to the donor. The latter, on the other hand, is
not obliged to warrant the things donated, save when
the donation is onerous, in which case the donor shall
be liable for eviction to the concurrence of the burden.
The donor shall also be liable for eviction or hidden
defects in case of bad faith on his part. (638a)
Eviction
• whenever by final judgment based on a
right prior to the sale or donation or an
act imputable to the vendor or donor,
the vendee or donee is deprived of the
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whole or of a part of the thing
purchased.
Hidden defects
• those which are not patent upon a
physical examinations of the object
donated.
Warranty exists when:
• the donor is in bad faith
• the donation is onerous
• if warranty is expressly made
• if donation is propter nuptias unless the
contrary is stipulated.
ARTICLE 755. The right to dispose of some of the
things donated, or of some amount which shall be a
charge thereon, may be reserved by the donor; but if
he should die without having made use of this right,
the property or amount reserved shall belong to the
donee. (639)
Speaks of a donation with a reservation to
dispose of part of the object donated.
ARTICLE 756. The ownership of property may also
be donated to one person and the usufruct to another
or others, provided all the donees are living at the time
of the donation. (640a)
When one person receives the usufruct, it is
understood that the other donee receives only
the naked ownership, not the full ownership.
ARTICLE 757. Reversion may be validly
established in favor of only the donor for any case and
circumstances, but not in favor of other persons
unless they are all living at the time of the donation.
Any reversion stipulated by the donor in favor of a
third person in violation of what is provided in the
preceding paragraph shall be void, but shall not nullify
the donation. (614a)
Reversion
• going back or going to a third person.
ARTICLE 758. When the donation imposes upon
the donee the obligation to pay the debts of the donor,
if the clause does not contain any declaration to the
contrary, the former is understood to be liable to pay
only the debts which appear to have been previously
contracted. In no case shall the donee be responsible
Civil Code, Book II
Property (Tolentino & Paras)
for the debts exceeding the value of the property
donated, unless a contrary intention clearly appears.
(642a)
When there is a stipulation to pay debts, the
ffg. rules must apply:
• pay only for prior debts
• pay only for debts up to the value of the
property donated.
ARTICLE 759. There being no stipulation regarding
the payment of debts, the donee shall be responsible
therefor only when the donation has been made in
fraud of creditors.
The donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to the
donation. (643)
The liability of the donee under this
article should be considered as limited to the
value of the thing donated and only those
incurred before the donation was effected.
Good faith of a transferee does not protect him
if the transfer of property is in fraud of creditors
and is effected gratuitously.
Donations made in fraid of creditors may be
rescinded by said defrauded creditors up to the
extent of their credits. (Manresa)
CHAPTER 4
Revocation and Reduction of Donations
ARTICLE 760. Every donation inter vivos, made by
a person having no children or descendants,
legitimate or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced as provided in
the next article, by the happening of any of these
events:
(1) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children, even
though they be posthumous;
(2) If the child of the donor, whom the latter
believed to be dead when he made the donation,
should turn out to be living;
(3) If the donor subsequently adopt a minor
child. (644a)
This article applies to all donation inter
vivos and not to mortis causa.
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The reason for the article is that the law
presumes that the donor would not have made
the donation if he had or knew he had a child
who would naturally be entitled to his affection
and property.
The donation cannot be revoked when
the child was already conceived at the time of
the donation, only if the donor was aware of the
conception of his child.
The article covers only the appearance
of children and not the descendants. However,
although the donation will not be revoked, it
may be declared inofficious if it impairs the
legitime of the descendant.
The donation is revoked by the
happening of any of the events enumerated in
the article. (ipso jure) but a complaint showing
allegations and proofs must be filed to show
that the child is actually impaired.
If the child born subsequent to the
donation should die before the complaint for
revocation is filed, the donation remain
subsisting, according to the view of most
authors.
ARTICLE 761. In the cases referred to in the
preceding article, the donation shall be revoked or
reduced insofar as it exceeds the portion that may be
freely disposed of by will, taking into account the
whole estate of the donor at the time of the birth,
appearance or adoption of a child. (n)
The revocation is a mere reduction or partial
revocation and not total (as opposed to that
mentioned in the OCC)
the donation will only be revoked to the extent
of the presumptive legitime of the child; it will
remain valid with respect to the free portion
taking into account the estate of the donor at
the time of the birth, appearance of adoption of
the child.
ARTICLE 762. Upon the revocation or reduction of
the donation by the birth, appearance or adoption of a
child, the property affected shall be returned or its
value if the donee has sold the same.
If the property is mortgaged, the donor may redeem
the mortgage, by paying the amount guaranteed, with
a right to recover the same from the donee.
Civil Code, Book II
Property (Tolentino & Paras)
When the property cannot be returned, it shall be
estimated at what it was worth at the time of the
donation. (645a)
What the donee must do if the donation is
reduced:
• if the property is still with him, return the
property
• if the property has been sold, give the
value to the donor
• if the property has been mortgaged, the
donor may pay off the debt, but he can
recover reimbursement from the donee
• if the property cannot be returned, retirn
its value
ARTICLE 763. The action for revocation or
reduction on the grounds set forth in article 760 shall
prescribe after four years from the birth of the first
child, or from his legitimation, recognition or adoption,
or from the judicial declaration of filiation, or from the
time information was received regarding the existence
of the child believed dead.
This action cannot be renounced, and is transmitted,
upon the death of the donor, to his legitimate and
illegitimate children and descendants. (646a)
2 acts which bring about legitimation:
• birth of the child
• subsequent marriage of the parents
ARTICLE 764. The donation shall be revoked at
the instance of the donor, when the donee fails to
comply with any of the conditions which the former
imposed upon the latter.
In this case, the property donated shall be returned to
the donor, the alienations made by the donee and the
mortgages imposed thereon by him being void, with
the limitations established, with regard to third
persons, by the Mortgage Law and the Land
Registration laws.
This action shall prescribe after four years from the
noncompliance with the condition, may be transmitted
to the heirs of the donor, and may be exercised
against the donee's heirs. (647a)
Condition – obligations or charges imposed by
the donor on the donee.
4 year prescriptive period is applied only if there
is no stipulation on automatic revocation.
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The court, according to Art. 1197 may fix the
period for which the condition must be fulfilled if
there is no period fixed.
Effect of nonfulfillment:
donor has the choice of enforcing the charge
by:
• an action for specific performance
• revocation of the donation
partial non-fulfillment of a condition or charge
imposed on the donee is as much as a ground
for revocation as total non-performance;
because to be considered fulfilled, the condition
must be totally complied with.
The donor's right to revoke for non-performance
of condition is transmitted to his heirs.
The death of donee does nit bar the action of
the donor to revoke the donation for failure of
the donee during his lifetime to fulfill the
conditions imposed upon him.
See Central Philippine University vs CA
(donation of a land with the condition that the
donee shall build a medical school; 50 years
had already elapsed; the SC allowed the
revocation of the donation)
• Yulo & Sons vs. Roman Catholic
Bishop of San Pablo
• Republic vs Silim
ARTICLE 765. The donation may also be revoked
at the instance of the donor, by reason of ingratitude
in the following cases:
(1) If the donee should commit some offense
against the person, the honor or the property of the
donor, or of his wife or children under his parental
authority;
(2) If the donee imputes to the donor any
criminal offense, or any act involving moral turpitude,
even though he should prove it, unless the crime or
the act has been committed against the donee
himself, his wife or children under his authority;
(3) If he unduly refuses him support when the
donee is legally or morally bound to give support to
the donor. (648a)
Eduarte vs CA
• offense against the honor of the donor
should not be taken in its legal or
Civil Code, Book II
Property (Tolentino & Paras)
technical sense or classification under
the RPC.
He who has received a donation must be
grateful to his benefactor.
The enumeration in the law is restrictive.
In paragraph (2), the law does not require
conviction of the donee, it is enough that the
offense be proved in the action for revocation.
A recipient of generosity always has
that moral obligation towards his benefactor.
Ingratitude is personal and
intransmissible to the heirs of the donee.
ARTICLE 766. Although the donation is revoked on
account of ingratitude, nevertheless, the alienations
and mortgages effected before the notation of the
complaint for revocation in the Registry of Property
shall subsist.
Later ones shall be void. (649)
ARTICLE 767. In the case referred to in the first
paragraph of the preceding article, the donor shall
have a right to demand from the donee the value of
property alienated which he cannot recover from third
persons, or the sum for which the same has been
mortgaged.
The value of said property shall be fixed as of the time
of the donation. (650)
“time of the donation” - perfection of the
donation.
If the propert has been lost or deteriorated thru
any cause including a fortuitous event, the
donee should respond with damages, because
as owner, he is supposed to bear the loss or
deterioration (res perit domino)
ARTICLE 768. When the donation is revoked for any of
the causes stated in article 760, or by reason of ingratitude,
or when it is reduced because it is inofficious, the donee
shall not return the fruits except from the filing of the
complaint.
If the revocation is based upon noncompliance with any of
the conditions imposed in the donation, the donee shall
return not only the property but also the fruits thereof which
he may have received after having failed to fulfill the
condition. (651)
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AUF School of Law
ARTICLE 769. The action granted to the donor by
reason of ingratitude cannot be renounced in
advance. This action prescribes within one year, to be
counted from the time the donor had knowledge of the
fact and it was possible for him to bring the action.
(652)
The right to revoke because of ingratitude
cannot be renounced in advance.
The action to revoke prescribes within one year
ARTICLE 770. This action shall not be transmitted
to the heirs of the donor, if the latter did not institute
the same, although he could have done so, and even
if he should die before the expiration of one year.
Neither can this action be brought against the heir of
the donee, unless upon the latter's death the
complaint has been filed. (653)
The act of ingratitude is personal to the donee;
upon the death of the latter, the offense is
erased and the action for revocation cannot be
instituted against the heirs. It is only when the
action has already been filed that it is allowed to
continue against the heirs of the donee.
ARTICLE 771. Donations which in accordance with
the provisions of article 752, are inofficious, bearing in
mind the estimated net value of the donor's property
at the time of his death, shall be reduced with regard
to the excess; but this reduction shall not prevent the
donations from taking effect during the life of the
donor, nor shall it bar the donee from appropriating
the fruits.
For the reduction of donations the provisions of this
Chapter and of articles 911 and 912 of this Code shall
govern. (654)
Since the inofficiousness of the donation cannot
be determined till after the donor's death, it
follows that in the meantime, the donation is
valid and ownership is transmitted to the donee
during the donor's lifetime.
ARTICLE 772. Only those who at the time of the
donor's death have a right to the legitime and their
heirs and successors in interest may ask for the
reduction or inofficious donations.
Those referred to in the preceding paragraph cannot
renounce their right during the lifetime of the donor,
either by express declaration, or by consenting to the
donation.
The donees, devisees and legatees, who are not
entitled to the legitime and the creditors of the
Civil Code, Book II AUF School of Law
Property (Tolentino & Paras)
deceased can neither ask for the reduction nor avail Sources:
themselves thereof. (655a) • Civil Code of the Philippines, Book 2,
Tolentino
Who may ask for reduction on the ground of • Civil Code of the Philippines, Book 2,
inofficiousness: Paras
• compulsory heirs of the donor
• the heirs and successor-in-interests of
the above-mentioned compulsory heirs

who may NOT ask for reduction:

• voluntary heirs
• devisees
• legatees
• creditors of the deceased

ARTICLE 773. If, there being two or more

donations, the disposable portion is not sufficient to
cover all of them, those of the more recent date shall
be suppressed or reduced with regard to the excess.
(656)

The reduction or annulment of inofficious

donations shall be made in the inverse order of
their dates, in accordance with the principle that
priority in time gives priority in right.

Concept of collation (legitime)

• bringing back the value

Revocation Reduction
Total regardless of As a rule, only partial
whether the legitime and applies only when
has been impaired or the legitime has been
not impaired.
As a rule, for the As a rule, for the
benefit of the donor or benefit of the heirs of
the heirs of the donor the donor since their
legitimes are
supposed to be
preserved

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