CIVIL LAW REVIEW 1

(PROPERTY)
University of San Agustin College
of Law
SY 2015-2016

By:

ATTY. MICHAEL S. MARGARICO

 SPECIFIC TITLES BY TOPIC
BOOK II BOOK III
1. Classification of 1. Occupation
Property 2. Intellectual Creation
2. Ownership 3. Donation
3. Co-ownership
4. Some Special
Properties
5. Possession
6. Usufruct
7. Easements or
Servitudes
8. Nuisance
9. Registry of Property
DEFINITION
 That branch of civil law which 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.

 PROPERTY is a thing which is or may be object

of appropriation.
 CHARACTERISTICS OF PROPERTY:
 (a) UTILITY
 Means the ability to serve as a means to satisfy human
wants. However, the value of the thing need not be
economic.

 (b) SUBSTANTIVITY
 Means that the object must exist independently of other
things. It must have a separate and autonomous existence.

 (c) APPROPRIABILITY
 Means that thing can be the object of a juridical relation.
Appropriation is also considered as that characteristics of
being capable of occupation or of being controlled by man.
 DIFFERENCES

THING PROPERTY
1. Broader in scope 1. Specific
2. Appropriable and non- 2. Only appropriable objects
appropriable objects (includes both material and
3. Planets, stars, sun intangible objects)
4. Res nullius (belonging to 3. Land, car, leasehold rights
no one); Res communes 4. Res alicujus (belonging to
(belonging to everyone) someone)
CATEGORIES/DISTINCTIONS

 Mobility (real or personal)

 Ownership (public or private dominion)
 Alienability (within or outside the commerce of man)
 Existence (present or future)
 Materiality (tangible or intangible)
 Importance (principal or accessory)
 Capability of Substitution (fungible or non-fungible)
 Nature (generic or specific)
 Status (free or in custodia legis)
CLASSIFICATION OF PROPERTIES
Real (Immovable) Properties
-law does not give a specific definition of what is a real or
immovable property
-that which is firmly fixed, settled or fastened, and while in
general, immovable property is that which is fixed in a
definite place
-could be any of the following:
1. Real property by nature
2. Real property by incorporation
3. Real property by destination or purpose
4. Real property by analogy
 IMPORTANCE OF CLASSIFICATION OF
IMMOVABLE AND MOVABLE PROPERTIES:

 (1) Formalities
 Different formalities are required in some cases. Ex.
Donation of land must be in a public instrument.

 (2) Registration
 Title over immovable property which are not duly inscribed
or annotated in the Registry of Property shall not prejudice
3rd persons. Movable properties are not covered by the
registry of property.

 (3) Acquisitive Prescription

 The period for acquisitive prescription is shorter in case of
movable property.
 (4) Notices and Publication
 Whenever notices and publication are required, there are
more requirements if the property involved is immovable.

 (5) Venue
 Venue is different if real properties or right are involved.

 (6) Sale on installment

 (7) Double Sale

 (8) Taxation
 Real properties are subject to real property taxes provided
for under the Local Government Code.
IMMOVABLE PROPERTIES
 Immovable/Real Property (Article 415)

1. Land, buildings, roads, and constructions of all

kinds adhered to the soil;

2. Trees, plants and growing fruits while they are

attached to the land or form an integral part of
an immovable;

3. Everything attached to an immovable in a fixed

manner in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object;
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;

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;
6. Animal houses, pigeon-houses, beehives,
fishponds or breeding places of similar nature, in
case their owner has placed or preserved them,
with the intention to have them permanently
attached to the land, and forming a permanent
part of it; the animals in those places are
included;

7. Fertilizer actually used on a piece of land;

8. Mines, quarries, and slag dumps, while the matter

thereof forms part of the bed, and waters either
running or stagnant;
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; and

10. Contracts for public works, and servitudes and

other real rights over immovable property.
1. Land, Buildings, roads and constructions
of all kinds adhered to the soil

Land is immovable by its very nature.

Buildings are considered immovable provided they are

more or less permanent structure, substantially
adhering to the land and not mere superimpositions
on the land like barong-barongs or quonset fixtures
and provided there is the intent of permanent
annexation.
BAR QUESTION
(Leung Yee v. Strong Machinery Co, 30 Phil 644)
 Mortgage of Land and Building

A mortgage of land as a general rule necessarily includes, in

the absence of stipulation, the improvements thereon.
However, a building by itself may still be mortgaged apart
from the land on which it has been built and is still
considered as immovable property, and is considered as real
estate mortgage.
In case it is made the subject of a chattel mortgage and
registered in the chattel mortgage registry, it would be void
insofar as third persons are concerned.
 Mortgage of Building on Rented
Land
A building built on rented land may be the object
of a real estate mortgage. It may even be the subject
of a chattel mortgage provided two conditions are
present:
1. that the parties to the contract so agree;
and
2. that no innocent third parties will be
prejudiced.
 2. Trees, plants and growing crops

 Trees and plants are considered real properties by nature if they

are spontaneous products of the soil, and by incorporation, if they
are planted thru labor. But the moment they are detached or
uprooted from the land they become personal property, except in
the case of uprooted timber, if the land is timber land.
 3. Everything attached to an immovable in a
fixed manner.
 For the incorporated thing to be considered real property, the
injury or breakage or deterioration in case of separation must be
substantial.

 Requisites:

 (1) The property must be attached to another immovable; and

 (2) The property must be attached in a fixed manner – the same

cannot be separated from the immovable without breaking
the material or deterioration of the object.
 4. Statues, reliefs, paintings or other objects
for use or ornamentation, placed in buildings
or on land by the owner.

 The objects must be placed by the owner of the immovable

(buildings or lands) and not necessarily by the owner of the object.
If placed by a mere tenant, the objects must remain chattels or
personalty for the purpose of the Chattel Mortgage Law.
  5. Machinery , receptacles, instruments, or
implements intended by the owner of the
tenement for an industry of works.

 Essential requisites:

 1. The placing must be made by the owner of the tenement, his

agent, or duly authorized legal representative;
 2. The industry or works must be carried on in the building or
the land;
 3. The machines etc., must tend directly to meet the needs of
said industry or works;
 4. The machines must be essential and principal elements in
the industry, and not merely incidental.
 Par. 5 refers to real property by destination or purpose.

 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. On the other hand, if still needed for the industry, but
separated from the tenement temporarily, the property continues
to be immovable, inasmuch as par. 5 refers, not to real property by
incorporation, but to real property by destination or purpose.
 6. Animal houses, pigeon-houses, beehives,
fishponds 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.

 It is submitted that even if the animals are temporarily outside,

they may still be considered as real property, as long as the intent
to return is present.
  7. Fertilizer

 Fertilizers still in the barn and even those already on the ground
but wrapped inside some newspapers or any other covering are
still to be considered personal property, for they have not yet been
actually used or spread over the land.
  8. Mines, quarries and slag dumps

 Mines, including the minerals still attached thereto, are real

properties, but when the minerals have been extracted, the latter
become chattels.

 Slag Dump is the dirt and soil taken from a mine and piled upon the
surface of the ground.

 Waters are those still attached to or running thru the soil or

ground.
  9. Docks and structures

 A floating house tied to a shore or a bank post and used as a

residence is considered real property, considering that the
“waters” on which it floats, are considered immovable.

 A vessel is considered as a personal property because it is very

movable.
 FELS Energy, Inc. vs. The Province of Batangas
(G.R. No. 168557, February 16, 2007)
 Docks although they are floating are expressly
recognized as immovables. These include power barges
that are moored in a bay.
  10. Contracts for public works , and
servitudes and other real rights over
immovable property.

 The properties referred to are not material things but rights,

which are necessarily intangible. The piece of paper on which
the contract of public works has been written is necessarily
personal property, but the contract itself, or rather, the right to
the contract is real property.

 The properties or rights are considered real property by analogy,

inasmuch as although they are not material, they nevertheless
partake of the essential characteristics of immovable property.
 GENERAL CLASSIFICATIONS OF IMMOVABLE
PROPERTIES:

 (a) IMMOVABLE BY NATURE

 Ex. Lands, trees, mines.

 (b) IMMOVABLE BY DESTINATION

 Ex. Statutes, reliefs, paintings and machinery.

 (c) IMMOVABLE BY INCORPORATION

 Ex. Buildings, constructions.
MOVABLE PROPERTIES
 Movable/Personal Property (Article 416/417)

1. Those movables susceptible of

appropriation which are not included in
Article 415 of the Civil Code;

2. Real property which by any special

provision of law is considered as
personalty;

3. Forces of nature which are brought under

control of science;
4. In general, all things which can be
transported from place to place without
impairment of the real property to which
they are fixed;

5. Obligations and actions which have for

their object movables or demandable
sums; and

6. Shares of stock of agricultural,

commercial and industrial entities,
although they have real estate.
  1. Movables susceptible for appropriation

 Classic examples includes a car, musical instruments, personal
belongings.

 2. Real property considered as personalty by special

provision of the law.
 Examples are growing crops for purposes of the Chattel Mortgage
Law and machinery placed on a tenement by a tenant, who did not
act as the agent of the tenement owner.

 3. Forces of nature
 Examples are electricity, gas, light etc.
  4. All things which are transported from place to
place without impairment

 Includes machineries not attached to land nor needed for the

carrying on of an industry conducted therein; examples are
portable radio or a diploma hanging on the wall.

 5. Obligations and actions objects are movables or

demandable sums.

 Examples: If somebody steals my car, my right to bring an action to

recover the automobile is personal property by itself. If my debtor
owes me P100,000, my credit as well as my right to collect by
judicial action is also personal property.
  6. Shares of Stock

 A share of stock in a gold mining corporation is personal property;

but the gold mine itself, as well as any land of the corporation, is
regarded as real property by the law. The certificate itself
evidencing ownership of the share, as well as the share itself is
regarded as personal property. being a personal property it may be
the object of a chattel mortgage.

 All shares in all juridical persons should be considered personal

property for there is no reason to discriminate between shares in a
corporation, and shares in other juridical persons like a
partnership.
 Movable property may either be classified as;

 By Nature:
 1. Consumable – This cannot be used according to its nature
without its being consumed;

 2. Non-consumable – any other kind of movable property.

 By Intention:

 1. Fungible – If it is agreed that the equivalent be returned;

 2. Non-Fungible – If it is agreed that the identical thing be returned,

even though by nature it is consumable.
 Tests to determine whether the
Property is Real or Personal
1. Test by Exclusion – those that are
not included in Article 415 of the
Civil Code are MOVABLES;
2. Test by Description – an object is
movable if its location can be
changed without substantial
injury to the immovable to which
it is attached.
BAR QUESTION - A tenant placed machine for use in a
sawmill on the land of the landlord. Is the machinery
real or personal?
As a rule, the machinery should be considered
personal, since it was not placed on the land by the
owner of said land. Immobilization by destination or
purpose cannot be generally made by a person whose
possession of the property is only temporary,
otherwise we will be forced to presume that he
intended to give the property permanently away in
favor of the owner of the premises. Machinery which is
movable in its nature becomes immobilized when
placed in a plant by the owner of the property or plant,
but not when so placed by a tenant, a usufructuary, or
a person having only a temporary right, unless such
person acted as the agent of the owner. (Davao
Sawmill Co. vs. Castillo, 61 Phil 709)
 GENERAL RULE
-When machinery is attached to land or
tenement by the owner of the land or tenement,
consider it as immovable (Article 415, Par 5)

 EXCEPTION
-When placed on the land or tenement by a
tenant (Davao Sawmill)

 EXCEPTION TO THE EXCEPTION

-When the tenant had promised to leave the
machinery on the tenement at the end of the
lease, or when he acted as agent of the owner of
the land (Valdez vs. Central Altagracia, Inc.)
 Property classified according to ownership:

 (a) In a public capacity (dominio publico)

 (b) or in a private capacity (propriedad privado)

PROPERTY IN RELATION TO THE
PERSON TO WHOM IT BELONGS
 Property owned by the State
 Of Public Dominion (Article 420)
1. Those intended for public use
-Roads, Canals, Rivers, Torrents, Ports, Bridges,
and others of similar character

2. Those without being for public use and are

intended for some public service or for the
development of the national wealth.
 Definition
-public dominion means ownership
by the State in that the State has
control and administration; ownership
by the public in general, in that not
even the State or subdivisions thereof
may make them object of commerce as
long as they remain properties for
public use.
 Republic vs. Ching (G.R. No. 186166, October 20,
2010)
 If it cannot be determined if the property is of private
ownership or of public dominion, the property is
presumed to be of public dominion.

 Under Section 14(2) of P.D. 1529, before acquisitive

prescription could commence, the property sought to be
registered must not only be classified as alienable and
disposable; it must also be expressly declared by the
State that it is no longer intended for public service or
the development of the national wealth or that the
property has been converted into patrimonial. Thus,
absent an express declaration by the State, the land
remains to be property of public dominion.
 Three kinds of Property of Public Dominion:

 (a) For public use – like roads, canals (may be used by

anybody);

 (b) For public service – like national government

buildings, army rifles, army vessels (may be
used only by duly authorized persons);

 (c) For the development of national wealth – like our

natural resources.
Characteristics:
1. Outside the commerce of men, hence
cannot be appropriated;

2. Inalienable hence, cannot be subject of a

contract nor can it be encumbered;

3. Cannot be acquired by prescription;

4. Not subject to attachment or execution;

5. Cannot be burdened with easements;

6. Exempt from real estate tax and are exempt

from sale at public auction;

7. Generally, they can be used by anybody;

8. May be either real or personal.

 Manila International Airport Authority vs. Court of Appeals
(G.R. No. 155650, July 20, 2006, 495 SCRA 591)

 The Airport Lands and Buildings are devoted to public use because
they are used by the public for international and domestic travel
and transportation. The fact that the MIAA collects terminal fees and
other charges from the public does not remove the character of the
Airport Lands and Buildings as properties for public use. The
operation by the government of a tollway does not change the
character of the road as one for public use. Someone must pay for
the maintenance of the road, either the public indirectly through the
taxes they pay the government, or only those among the public who
actually use the road through the toll fees they pay upon using the
road. The tollway system is even a more efficient and equitable
manner of taxing the public for the maintenance of public roads.
 The charging of fees to the public does not determine
the character of the property whether it is of public
dominion or not. Article 420 of the Civil Code defines
property of public dominion as one "intended for public
use." Even if the government collects toll fees, the road
is still "intended for public use" if anyone can use the
road under the same terms and conditions as the rest of
the public. The charging of fees, the limitation on the
kind of vehicles that can use the road, the speed
restrictions and other conditions for the use of the road
do not affect the public character of the road. (Manila
International Airport Authority vs. Court of
Appeals )
 City of Pasig vs. Republic (G.R. No. 185023, August
24, 2011)
 In the present case, the parcels of land are not properties of public
dominion because they are not "intended for public use, such as
roads, canals, rivers, torrents, ports and bridges constructed by the
State, banks, shores, roadsteads." Neither are they "intended for
some public service or for the development of the national wealth."
MPLDC leases portions of the properties to different business
establishments. Thus, the portions of the properties leased to
taxable entities are not only subject to real estate tax, they can also
be sold at public auction to satisfy the tax delinquency.

 In sum, only those portions of the properties leased to taxable

entities are subject to real estate tax for the period of such leases.
Pasig City must, therefore, issue to respondent new real property
tax assessments covering the portions of the properties leased to
taxable entities. If the Republic of the Philippines fails to pay the
real property tax on the portions of the properties leased to taxable
entities, then such portions may be sold at public auction to satisfy
the tax delinquency.
 Philippine Fisheries Development Authority vs.
CA (G.R. No. 169836, July 31, 2007)

 The Court finds that the Authority is an instrumentality of

the national government, hence, it is liable to pay real
property taxes assessed by the City of Iloilo on the IFPC
only with respect to those portions which are leased to
private entities. Notwithstanding said tax delinquency on
the leased portions of the IFPC, the latter or any part
thereof, being a property of public domain, cannot be
sold at public auction. This means that the City of Iloilo
has to satisfy the tax delinquency through means other
than the sale at public auction of the IFPC.
 “Governmental Lands” is not synonymous with “Public
Lands”. The first is broader in scope, and may be said to
include also those lands devoted to public use or public
service, as well as public lands “before and after they
are made available for private appropriation”, and also
patrimonial lands. On the other hand, as has already
been seen “public lands” are merely part of
governmental lands.
 Republic vs. East Silverlane Realty Development
Corporation [666 SCRA 401,G.R No. 186961, Feb. 20,2012]
 Accordingly, there must be an express declaration by the
State that the public dominion property is no longer
intended for public service or the development of the
national wealth or that the property has been converted into
patrimonial. Without such express declaration, the
property, even if classified as alienable or disposable,
remains property of the public dominion, pursuant to
Article 420(2), and thus incapable of acquisition by
prescription. It is only when such alienable and disposable
lands are expressly declared by the State to be no longer
intended for public service or for the development of the
national wealth that the period of acquisitive prescription
can begin to run. Such declaration shall be in the form of a
law duly enacted by Congress or a Presidential
Proclamation in cases where the President is duly
authorized by law.
 A tract of land formerly low and swampy, but gradually
raised by the action of the sea, is not susceptible of
prescription, and may therefore be recovered by the
government despite the construction thereon of a
warehouse and a wharf. The land is part of public
domain. (Insular Government vs. Aldecoa and Co., 19
Phil. 505)
 Republic vs. City of Paranaque (677 SCRA 246)
(G.R. No. 191109, July 18, 2012)
 Foreshore and submerged areas irrefutably belonged to
the public domain and were inalienable unless
reclaimed, classified as alienable lands open to
disposition and further declared no longer needed for
public service. The fact that alienable lands of public
domain were transferred to the Public Estates Authority
(PEA) now Philippine Reclamation Authority (PRA) and
issued land patents or certificates of titles in PEA’s
name did not automatically make such lands private.
 Patrimonial (Article 421)

- All other property of the State, which is not

intended for public use nor for the development of
the national wealth.

- It is wealth owned by the State in its private or

proprietary capacity.

- It is property over which the state has the same

rights and of which it may dispose, to the same
extent as private individuals
BAR QUESTION- When does a property of public
dominion become patrimonial property?

When a property of the State is no longer needed

for public use or for public service, they can only be
considered as patrimonial property after a formal
declaration by the executive or the legislative that
the same is no longer of public dominion. Otherwise,
a property of public dominion continues to be that
notwithstanding the fact that is no loner actually
devoted for such use or service. Article 422 is not
self executing.
 Although, as a rule, property of public dominion when
no longer used for public service, shall form part of
the patrimonial property of the State, it should be
remembered that under Art. 461, an abandoned river
bed belongs not to the State, but to the private land
owner whose land is now occupied by the changed
course, in proportion to the area lost.
 Property owned by Provinces, Cities, and
Municipalities (Articles 423, 424)
 For Public Use
1. Provincial roads,

2. City streets,

3. Municipal streets,

4. The squares,

5. Fountains,

6. Public waters,

7. Promenades, and

8. Public works for public service paid for by

said provinces, cities, or municipalities.
 Patrimonial
Any other property not included in the above
list.
 Case: Viuda de Tan vs. Municipal Council of Iloilo (49
Phil. 52)
 Facts:
 The Municipality of Iloilo bought from the widow of Tan Toco a
parcel of land for $42,966.40 which was used for street purposes.
For failure of the municipality to pay the debt, the widow obtained a
writ of execution against the municipal properties, and by virtue of
such writ was able to obtain the attachment of two auto trucks used
for street sprinkling, one patrol automobile, two police stations, and
two markets, including the lots on which they had been
constructed. The issue is the validity of the attachment.
 Held:
 The attachment is not proper because municipal-owned real and
personal properties devoted to public or governmental purposes
may not be attached and sold for the payment of a judgment
against a municipality. Just as it is essential to exempt certain
properties of individuals from execution, so it is essential and
justifiable to exempt property for public use from execution,
otherwise governmental service would be jeopardized.
Municipality of Paoay, Ilocos Norte vs. Teodoro Manaois (
L-3485, June 30, 1950)

Property however, which is patrimonial and which is held by

municipality in its proprietary capacity is treated by great weight of
authority as the private asset of the town and may be levied upon
and sold under an ordinary execution. The same rule applies to
municipal funds derived from patrimonial properties, for instance,
it has been held that shares of stocks held by municipal
corporations are subject to execution. If this is true, with more
reason should income or revenue coming from these shares of
stock, in the form of interest or dividends, be subject to execution
 (a) Properties of a political subdivision for public use
cannot be alienated as such, and may not be
acquired by prescription;

 (b) Properties of a political subdivision which are

patrimonial in character may be alienated, and may
be acquired by others thru prescription.
 Privately-owned Properties (Article 425)

All property belonging to private persons, either

individually or collectively, besides the patrimonial
property of the State, provinces, cities, and
municipalities.
OWNERSHIP

 Definition

The right to enjoy, dispose, and recover a thing

without further limitations than those established by
law or the will of the owner.

The juridical relation of a person over a thing by

virtue of which said person has the exclusive power
or authority to receive all benefits and advantages
arising from said thing, save those restricted by law
or by recognized rights of others.
 Modes of Acquiring Ownership

1. Occupation;
2. Intellectual creation; Original
3. Law;
4. Donation;
5. Testate and intestate succession; Derivative
6. Tradition; and
7. Prescription.
 Rights included in Ownership
1. To enjoy
a. Right to possess (Jus possidendi)
b. Right to use (Jus Utendi)
c. Right to the fruits and accessions (Jus Fruendi)
2. To dispose (Jus Disponendi)
a. Right to destroy or abuse or consume (Jus Abutendi)
b. Right to alienate
c. Right to transform
d. Right to encumber
3. To vindicate / recover
a. pursuit
b. Recovery (Jus Vindicandi)
4. To exclude
a. to enclose, fence, and delimit
b. to repel intrusions even with force
ACTIONS TO RECOVER:

(a) Recovery of Personal Property:

Replevin – Is an action or provisional remedy where the complaint

prays for the recovery of the possession of personal property.

(a) Recovery of Real Property:

a.1. Forcible Entry or Unlawful Detainer;

a.2. Accion Publiciana;

a.3. Accion Reivendicatoria.

 Machinery and equipment used for an industry and
indispensable for the carrying on of such industry,
cannot be the subject of replevin, because under the
premises, they are real, and not personal property.
(Machinery and Engineering Supplies, Inc. vs. Court of
Appeals, 96 Phil. 70)
 Forcible Entry:

 Is a summary action to recover material or physical possession of

real property when a person originally in possession was deprived
thereof by force, intimidation, strategy, threat or stealth. (FISTS)

 Action must be brought within 1 year from dispossession.

 The issue involved is mere physical possession (possession de

facto) and not juridical possession (possession de jure) nor
ownership.
 Unlawful Detainer:

 Is the action that must be brought when possession by a landlord,

vendor, vendee or other person of any land or building is being
unlawfully withheld after the expiration or termination of the right to
hold possession, by virtue of any contract, express or implied.

 The action must be brought within 1 year from the time possession
becomes unlawful.
 Accion Publiciana

 Is intended for the recovery of the better right to possess, and is a

plenary action in an ordinary civil proceeding before the Regional
Trial Court and must be brought within a period of 10 years
otherwise the real right of possession is lost. The issue is not
possession de facto but possession de jure.

 Two kinds of accion publiciana:

1) That where the entry was not obtained thru FISTS (fraud,
intimidation, stealth, threat or strategy);

2) That where the 1 year period for bringing forcible entry or

unlawful detainer has already expired.
 Tolentino vs. Laurel (666 SCRA 561) (2012)
 An accion publiciana is a plenary action for recovery of
possession in an ordinary civil proceeding in order to
determine the better and legal right to possess,
independently of title. The objective of the plaintiffs in an
accion publiciana is to recover possession only not
ownership. However, where the parties raise the issue of
ownership, the courts may pass upon the issue to
determine who between the parties has the right to
possess the property.
 Accion Reivindicatoria:

Is the action to recover ownership over real property. The action

must be brought before the Regional trial Court where the real
property is situated.

The issue involved is ownership, and for this purpose evidence of

title or mode may be introduced. On this point of ownership, the
action differs from accion publiciana where the issue is the better
right of possession (possession de jure), and from forcible entry or
unlawful detainer where the issue is material possession
(possession de facto). All three actions however, though involving
real property, are actions in personam, and are therefore binding
only upon the parties and privies thereto.
 The right of ownership is not absolute. There
are limitations which are imposed for the benefit of
humanity, and which are based on certain legal
maxims, such as:
1. The welfare of the people is the supreme law of the
land (police power)
2. The owner of a thing cannot make use thereof in
such a manner as to injure the rights of a third
person (Article 431)
Limitations on Ownership

1. Those given by the State (police power, eminent

domain, taxation)
2. Those given by the law (legal easements)
3. Those given by the owner (lease, pledge)
4. Those given by the grantor (donor prohibits
partition, conditional institution)
 OWNERSHIP vis a vis POSSESSION
 Ownership exists when a thing pertaining to one person
is completely subjected to his will in a manner not
prohibited by law and consistent with the rights of
others.
 Ownership confers certain rights to the owner, one of
which is the right to possess.
 Possession is defined as the holding of a thing or the
enjoyment of a right. Literally, to possess means actually
and physically occupy a thing with or without a right.
 Antonino vs. The Register of Deeds of Makati
City (674 SCRA 227) (2012)
 Ownership is transferred when there is actual or
constructive delivery and the thing is considered
delivered when it is placed in the control or possession
of the buyer or when the sale is made through a public
instrument and the contrary does not appear or cannot
be inferred.
 Santiago vs. Villamor [G.R. No. 168499, November
26, 2012 (686 SCRA 313)]
 Ownership of the thing sold shall be transferred to the
vendee upon the actual or constructive delivery thereof.
The thing sold shall be understood as delivered, when it
is placed in the control and possession of the vendee.
 A person who does not have actual possession of the
thing sold cannot transfer constructive possession by
the execution and delivery of a public instrument.
DOCTRINE OF SELF-HELP
-the right to use force (Article 429)
 Authorizes the owner or the lawful possessor of a
property to use reasonable counter-force to
prevent or stop another person from taking the
former’s property

 The right to repel or prevent an actual or

threatened physical invasion or usurpation of
property is essential to the maintenance of
property rights.
 Requisites:
1. Actual or threatened physical invasion or usurpation of
property (the person against whom force is employed has
acted or is acting wrongfully or unlawfully; invasion or
usurpation must be unlawful)

2. Owner or lawful possessor is the one defending the property

(if ownership or possession is wrongful or illegal, the right to
use force cannot be availed of)

3. Reasonably necessary force to repel the invasion or

usurpation (owner or lawful possessor must use only such
force as may be reasonably necessary to repel or prevent an
invasion or usurpation of his property; otherwise, he may be
liable for damages)

4. Exercised at the time of an actual or threatened

dispossession or immediately thereafter (no delay; if there is
delay, even if excusable, resort to judicial process is
required)
BAR QUESTION -Can a third person (non-owner, not a
lawful possessor) exercise the doctrine of self-help?

Yes, but under the principle of negotiorum

gestio, the owner or the lawful possessor must
indemnify him for any injuries or damage sustained
by the third person while he was exercising the right
to use force to protect the property of the owner or
the lawful possessor.
 RIGHT TO ENCLOSE
 The owner can exclude others by erecting fences in the
boundaries subject to limitations likes those brought
about by easement.

 SIC UTERE TUO UT ALIENUM NON LAEDAS

 The owner of the thing cannot make use thereof in such
a manner as to injure the rights of a third person
 Andamo vs. Court of Appeals (G.R. No. 74761, November 6,
1990)
 It must be stressed that the use of one's property is not without
limitations. Article 431 of the Civil Code provides that "the owner of
a thing cannot make use thereof in such a manner as to injure the
rights of a third person." SIC UTERE TUO UT ALIENUM NON
LAEDAS. Moreover, adjoining landowners have mutual and
reciprocal duties which require that each must use his own land in a
reasonable manner so as not to infringe upon the rights and
interests of others. Although we recognize the right of an owner to
build structures on his land, such structures must be so constructed
and maintained using all reasonable care so that they cannot be
dangerous to adjoining landowners and can withstand the usual and
expected forces of nature. If the structures cause injury or damage
to an adjoining landowner or a third person, the latter can claim
indemnification for the injury or damage suffered.
DOCTRINE OF STATE OF NECESSITY
-the least evil rule (Article 432)

Authorizes the destruction of a property which is

lesser in value to avert the danger poised to another
property, the value of which is much greater;

The owner of the sacrificial property is obliged to

tolerate the act of destruction but subject to the
reimbursement by all those who benefitted thereby;
 Requisites

A. The interference is necessary to avert an

imminent danger (must be to avert an imminent
danger and the threatened damage to the actor
or third person)
a. Interference includes all acts to another’s
property including its destruction if necessary to
avoid the danger or damage

b. If interference is disproportionate to the

necessity of averting the threatened danger or
damage, it becomes unlawful or wrongful

B. The threatened damage, compared to the

damage arising to the owner from the
interference, is much greater (as between two
evils, one is justified in choosing the lesser evil)
 SURFACE AND SUB-SURFACE RIGHT

 The owner of the land is entitled to exercise his right to

the surface, the space above it and the sub-surface.

 The right over the surface and the sub-terrain areas of

one’s property is indivisible.
 National Power Corp. vs. Lucman G. Ibrahim et. al (G.R. No.
168732, June 29, 2007)
 The Court feels that the rights over the land are indivisible and that
the land itself cannot be half agricultural and half mineral. The
classification must be categorical; the land must be either
completely mineral or completely agricultural.
 Registered landowners may even be ousted of ownership and
possession of their properties in the event the latter are reclassified
as mineral lands because real properties are characteristically
indivisible. For the loss sustained by such owners, they are entitled
to just compensation under the Mining Laws or in appropriate
expropriation proceedings.
 Moreover, petitioner’s argument that the landowners’ right extends
to the sub-soil insofar as necessary for their practical interests
serves only to further weaken its case. The theory would limit the
right to the sub-soil upon the economic utility which such area
offers to the surface owners. Presumably, the landowners’ right
extends to such height or depth where it is possible for them to
obtain some benefit or enjoyment, and it is extinguished beyond
such limit as there would be no more interest protected by law.
BAR QUESTION – Is there a connection between the
doctrine of self-help and the state of necessity?

Yes. As a general rule, a person cannot interfere

with the right of ownership of another. Thus, Article
429 allows the use of force in the exercise of one’s
ownership. By way of exception, Article 432 allows
interference with another’s property under certain
conditions. However, the state of necessity does not
exempt possible civil liability.
 Two requirements to raise a DISPUTABLE / REBUTTALE
PRESUMPTION OF OWNERSHIP.
 (a) Actual possession;

 (b) Claim of ownership.

 Requisites in an action to RECOVER:

 (a) Property must be identified;

 (b) Reliance on title of the plaintiff.

 HIDDEN TREASURE
 Defined:
 Is understood for legal purposes, to be any hidden and
unknown deposit of money, jewelry, or other precious
objects, the lawful ownership of which does not appear.
 HIDDEN TREASURE

 GENERAL RULE
The treasure goes to the owner of the land,
building or other property on which it is found (in
line with the surface right of a land owner as
provided by Article 437)

 If the treasure is found on the property of

another or of the State or any of its
subdivision, and by chance
½ to the finder (if not a trespasser) and ½ to
the owner of the land/State.
 If the treasure is of interest to science or
the arts
The State may acquire them at their just
price, which shall be divided in conformity
with the abovementioned rules.
Requisites: Hidden Treasure

1. Hidden and unknown deposit such that finding it

would indeed be a discovery (the original owner does
not know about it anymore, has abandoned it, open
to occupation)

2. Consists of money, jewelry or other precious objects

(ejusdem generis – gold bar, silver ornaments, NOT
minerals)

3. Lawful ownership is not identifiable (owner cannot

be traced or identified)
BAR QUESTION – What is the rule is the finder
is a paid laborer of the owner of the land where
the hidden treasure is found?

If the paid laborer really just discovered the

treasure by chance, he gets half as provided for by
Article 438. If however, he had been employed
precisely to look for the treasure, he will not get
anything insofar as the treasure is concerned. (“by
chance” means that the finder had no intention to
search for the treasure)
In the case of treasure hunting in both government and
private lands, permits should be secured from the
DENR (DENR Admin Order No. 2002-04 dated Jan. 22,
2002 issued pursuant to EO No. 35 dated Sept. 17, 2001
and Sec. 4 (8) Chapter 1 Title XIV Book IV of the
Administrative Code of 1987)

EXCEPTION:
Permits to hunt “exclusively of materials of cultural and
historical values” which shall be under the National
Museum;
 Rights of a Usufructuary over the Hidden
Treaure Found on Land He is Using:

The law says; “With respect to hidden treasure which may be

found on the land or tenement, the usufructuary shall be
considered a stranger.” It simply means that the usufructuary, does
not get any share. If he found the treasure, he gets half as a finder;
but is another person found it, such person gets half as finder, and
the naked owner gets the other half as owner. The same rules
applies to a tenant or lessee.
 Trespasser:

A trespasser (one prohibited to enter, or not given authority to enter)

who discovers hidden treasure is not entitled to any share of the
treasure. If a person lawfully allowed to enter discovers the treasure,
but does not reveal the fact of discovery, he does not thereby
become a trespasser, in view of the permission to enter. Thus, he is
still entitled to his share.
 Precious Object deliberately Hidden:

If deliberately hidden by the owner, precious objects cannot be

considered hidden treasure even if discovered by another as long
as the true owner can prove his ownership. This is because far
from abandoning or renouncing his property, he intended to return
to it. Thus, said property, not being hidden treasure, cannot indeed
be acquired by occupation, one of the modes of acquiring
ownership, which includes within its scope “hidden treasure”.
 Death of a Lawful Owner:

If the ownership of the treasure is known, but the owner is already

dead, same will not be considered as “hidden treasure”, and must
therefore go to the owner’s rightful heirs. If the only legal heir left
is the state, the treasure will appertain to the State’s patrimonial
property.
ACCESSION

 Definition (Article 440)

The right of a property owner to everything

which is produced thereby or which is inseparably
incorporated or attached thereto, either naturally
or artificially.

Accession IS NOT A MODE of acquiring

ownership; it is an ATTRIBUTE of ownership.
 Classification of Accession:

 (a) Accession Discreta (To the Fruits)

 a.1. Natural Fruits
 a.2. Industrial Fruits
 a.3. Civil Fruits

 (b) Accession Continua (Attachment or Incoporation)

 b.1. With reference to the Real property:
 b.1.1. accession industrial
 (1) building
 (2) planting
 (3) sowing

b.1.2. accession natural

(1) alluvium
(2) avulsion
(3) Change of course of rivers
(4) Formation of islands
 b.2. With respect to personal property:
 b.2.1. adjunction or conjunction
 (a) inclusion (engraftment);
 (b) soldadura (attachment);
 (c) tejido (weaving)
 (d) pintura (painting)
 (e) escritura (writing)

 b.2.2. mixture (confusion-liquids; commixtion-solids)

 b.2.3. specifications
 ACCESSION DISCRETA
 Right to the ownership of fruits produced by our property.

 Fruits (produced thereby)-accession discreta

1. Natural – Spontaneous products of the soil and the

young and other products of animals;

2. Industrial – Those produced by lands of any kind

through cultivation or labor;

3. Civil – Rents of buildings, the price of leases of lands

and other property and the amount of perpetual or life
annuities or other similar income.
 GENERAL RULE:
 The owner of the principal likewise owns the natural,
industrial and civil fruits.

 EXCEPTIONS:
 (1) Possession of a possessor in good faith;
 (2) Usufructuary;
 (3) Lessee of rural land;
 (4) Pledgee;
 (5) Antichretic creditor.
 Accession Continua:

 The right pertaining to the owner of a thing over

everything which is incorporated or attached thereto
either naturally or artificially.
Incorporation and/or Attachment
(inseparably) - accession continua
 REAL Property  PERSONAL Property
1.Accession industrial 1.Adjunction/conjunction
-building, planting, -engraftment,
sowing attachment, weaving,
2. Accession natural painting, writing
-alluvium, avulsion, 2. Mixture
channge of course of -confusion, commixtion
rivers, formation of 3. Specification
islands
 Alluvium:
 The accretion which lands adjoining the banks of rivers, lakes, or
torrents gradually received from the effects of the currents of the
waters.

 Avulsion:
 The accretion which takes place whenever the current of a river,
lake, creek or torrent segregates from an estate on its bank a
known portion of land and transfers it to another estate.

 Change of course of rivers:

 That which takes place when a river bed is abandoned through
natural change in the course of the waters.

 Formation of Islands:
 Formation of the islands either on the seas within the jurisdiction
of the Philippines, on lakes, and on navigable or floatable rivers or
non-navigable and non-floatable rivers.
 Basic Principles in Accession
1. Accessory follows the principal.

2. He who is in good faith may be held responsible but will not be

penalized (liability for damages).

3. Bad faith involves liability for damages.

4. Bad faith of one party neutralizes the bad faith of another.

5. To the owner of a thing belongs the extension or increase of

such thing.

6. Accession exists only if the incorporation is such that

separation would either seriously damage the thing or
diminish its value.

7. No one shall be unjustly enriched at the expense on another.

 ARTICLE 443 VS. ARTICLE 449
 Article 443  Article 449
He who receives the He who builds,
fruits has the obligation plants or sows in bad
to pay for the expenses faith on the land of
made by a third person another, loses what is
in their production, built, planted or sown
gathering and without right to
preservation. indemnity. (Relate to
Article 452)
 Article 449 applies only if the crops have not
yet been gathered (here the landowner gets the
fruits without indemnity by the principle of
accession continua). On the other hand, Article
443 applies when the crops have already been
gathered (hence, accession continua cannot be
applied).

 Article 443 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 a reimbursement.
 RULES ON
GOOD FAITH / BAD
FAITH
(a) The builder, planter or sower (B.P.S.) is in BAD FAITH if he makes
use of the land or materials which he knows belong to another;

(b) He is in GOOD FAITH if he did not know that he had had no right
to such land or materials.

(c)The owner of the materials is in BAD FAITH if he allows another to

use the materials without informing him of the ownership thereof.

(d) The owner of the materials is in GOOD FAITH if he did not know
that another was using his materials; or granting that he did not
know, if he informed the user of the ownership thereof and made
necessary prohibition.
As applied to the builder, planter or sower, GOOD FAITH
consists of ignorance of the ownership of another, while
BAD FAITH consists in the knowledge of such ownership.
In other words, there is GOOD FAITH if he is not aware
that there is flaw or defect in his title or mode of acquisition
which invalidates it while, there is BAD FAITH if he is
aware of such flaw or defect.
 LAND OWNER IS THE BUILDER, PLANTER OR
SOWER
LAND OWNER AND BUILDER, OWNER OF MATERIALS
PLANTER OR SOWER

GOOD FAITH GOOD FAITH

• Acquire building, planting, sowing after  Remove materials if without injury to
paying indemnity for value of materials. work or without plantings or
(Right of appropriation) constructions being destroyed.
(Limited right of removal)
 Receive indemnity for value of
materials.
BAD FAITH GOOD FAITH
• Acquire after paying value of materials  Remove materials in any event
and indemnity for damages but subject  Be indemnified for damages.
to the preferred right of the owner of
materials to remove.
GOOD FAITH BAD FAITH
• Acquire without paying indemnity • Lose materials without right to be
indemnified.
BAD FAITH BAD FAITH
As if both acted in good faith.
 CO-OWNER
 Article 448 of the CC cannot apply where a co-owner
builds, plants or sows on the land owned in common for
then he did not build, plant or sow upon land that
exclusively belongs to another but of which he is a co-
owner. The co-owner is not a third person under the
circumstances, and the situation is governed by the
rules of co-ownership
 Del Campo vs. Abesia (G.R. No. L-49219 April 15, 1988)
 The court a quo correctly held that Article 448 of the Civil Code
cannot apply where a co-owner builds, plants or sows on the land
owned in common for then he did not build, plant or sow upon land
that exclusively belongs to another but of which he is a co-owner.
The co-owner is not a third person under the circumstances, and
the situation is governed by the rules of co-ownership. However,
when, as in this case, the co-ownership is terminated by the
partition and it appears that the house of defendants overlaps or
occupies a portion of 5 square meters of the land pertaining to
plaintiffs which the defendants obviously built in good faith, then
the provisions of Article 448 of the new Civil Code should apply.
Manresa and Navarro Amandi agree that the said provision of the
Civil Code may apply even when there was co-ownership if good
faith has been established.
 Spouses Macasaet vs. Spouses Macasaet (G.R. Nos. 154391-
92, September 30, 2004) (482 Phil 853)
 This Court has ruled that this provision covers only cases in which
the builders, sowers or planters believe themselves to be owners of
the land or, at least, to have a claim of title thereto. It does not apply
when the interest is merely that of a holder, such as a mere tenant,
agent or usufructuary. From these pronouncements, good faith is
identified by the belief that the land is owned; or that -- by some title
-- one has the right to build, plant, or sow thereon.
 However, in some special cases, this Court has used Article 448 by
recognizing good faith beyond this limited definition. Thus, in Del
Campo v. Abesia, this provision was applied to one whose house --
despite having been built at the time he was still co-owner --
overlapped with the land of another. This article was also applied to
cases wherein a builder had constructed improvements with the
consent of the owner. The Court ruled that the law deemed the
builder to be in good faith. In Sarmiento v. Agana, the builders were
found to be in good faith despite their reliance on the consent of
another, whom they had mistakenly believed to be the owner of the
land.
 Based on the aforecited special cases, Article 448
applies to the present factual milieu. The established
facts of this case show that respondents fully consented
to the improvements introduced by petitioners. In fact,
because the children occupied the lots upon their
invitation, the parents certainly knew and approved of
the construction of the improvements introduced
thereon. Thus, petitioners may be deemed to have been
in good faith when they built the structures on those
lots. (Spouses Macasaet vs. Spouses Macasaet)
 Communities Cagayan Inc. vs. Spouses Nanol
(G.R. No. 176791, November 14, 2012)
 The Court applied Article 448 by construing good faith beyond its
limited definition. We find no reason not to apply the Court’s ruling
in Spouses Macasaet v. Spouses Macasaet in this case. We thus
hold that Article 448 is also applicable to the instant case. First,
good faith is presumed on the part of the respondent-spouses.
Second, petitioner failed to rebut this presumption. Third, no
evidence was presented to show that petitioner opposed or
objected to the improvements introduced by the respondent-
spouses. Consequently, we can validly presume that petitioner
consented to the improvements being constructed. This
presumption is bolstered by the fact that as the subdivision
developer, petitioner must have given the respondent-spouses
permits to commence and undertake the construction. Under Article
453 of the Civil Code, "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."
 LESSEE, USUFRUCTUARY OR TRUSTEE
 Art. 448 is also not applicable if the builder, planter or
sower is a tenant, usufructuary or trustee who
recognizes that another person is the owner.
LAND OWNER IS NOT THE BUILDER, PLANTER OR
SOWER
LAND OWNER BUILDER/PLANTER/SOWER and
OWNER OF MATERIALS
GOOD FAITH GOOD FAITH
Land owner has the option to: In case the landowner opts
1. sell the land to the to acquire the improvements, the
builder/planter or collect rent builder has the right to retain the
from the sower, unless the property until indemnity is paid and
value of the land is he cannot be required to pay rent.
considerably greater than the
building, etc., in which case,
the builder/planter shall pay
rent under the terms fixed by
the parties; or
2. 2. acquire improvements after
paying indemnity which could
either be original cost of
improvements; or increase in
the value of the whole.
 Since the choice given to the landowner is confined to
either an appropriation of the house or to a compulsory
selling of the land, he has no right of removal or
demolition, UNLESS after having selected a
compulsory sale , the builder fails to pay for the land.
 PNB vs. De Jesus (G.R. No. 149295, September 23,
2003)
 A builder in good faith can, under the foregoing
provisions, compel the landowner to make a choice
between appropriating the building by paying the proper
indemnity or obliging the builder to pay the price of the
land. The choice belongs to the owner of the land, a rule
that accords with the principle of accession, i.e., that the
accessory follows the principal and not the other way
around. Even as the option lies with the landowner, the
grant to him, nevertheless, is preclusive. He much
choose one. He cannot, for instance, compel the owner
of the building to instead remove it from the land. In
order, however, that the builder can invoke that accruing
benefit and enjoy his corresponding right to demand that
a choice be made by the landowner, he should be able to
prove good faith on his part.
 Given the findings of both the trial court and the appellate court, it
should be evident enough that petitioner would fall much too short
from its claim of good faith. Evidently, petitioner was quite aware,
and indeed advised, prior to its acquisition of the land and building
from Ignacio that a part of the building sold to it stood on the land
not covered by the land conveyed to it.

 Equally significant is the fact that the building, constructed on the

land by Ignacio, has in actuality been part of the property transferred
to petitioner. Article 448, of the Civil Code refers to a piece of land
whose ownership is claimed by two or more parties, one of whom
has built some works (or sown or planted something) and not to a
case where the owner of the land is the builder, sower, or planter
who then later loses ownership of the land by sale or otherwise for,
elsewise stated, where the true owner himself is the builder of works
on his own land, the issue of good faith or bad faith is entirely
irrelevant. (PNB vs. De Jesus)
 LANDOWNER BUILDER/PLANTER/SOWER
and OWNER OF MATERIALS

GOOD FAITH BAD FAITH

 Option to: Lose them without right to be
i. acquire improvements indemnified.
without paying indemnity and Recover necessary expenses
collect damages; for preservation of land.
ii. sell the land to the BP or rent Pay damages to the LO.
it to the sower, and collect
damages in both cases;
iii. order demolition of work or
restoration to former
condition and collect
damages in both cases.
 Pay BPS necessary
expenses for preservation.
 A builder in bad faith can lose the building without
indemnity for the necessary or useful expenses for the
building but he must be indemnified the necessary
expenses for the preservation of the land because after
all the true owner would have borne such expenses
anyway, even if nothing had been built on the land.
 LANDOWNER BUILDER/PLANTER/SOWER
and OWNER OF MATERIALS

BAD FAITH GOOD FAITH

Landowner must indemnify Preferred right to remove
BPS for improvements and them in any event and/or
pay damages (Unless BPS Be indemnified for damages.
will remove);
Cannot compel BPS to buy
land.

BAD FAITH
As if both acted in good faith
LAND OWNER, BUILDER/PLANTER/SOWER, AND OWNER OF
MATERIALS ARE DIFFERENT PERSONS
LAND OWNER
(LO)
GOOD FAITH
 Acquire improvements after
payment of indemnity to BPS
and be subsidiarily liable to
OM.
 Sell the land to BP except if
its value is considerably more
or rent land to sower.
GOOD FAITH
 Option to:
1. acquire improvements and
pay indemnity to BPS;
2. sell the land to the BP
except if the value of the
land is considerably more;
then, forced lease;
3. rent it to the sower.
 Without subsidiary liability for
cost of materials.
BUILDER/PLANTER/
SOWER (BPS)
GOOD FAITH
 Right of retention until
payment of indemnity for
necessary and useful
expenses.
 Primarily liable to pay value
of materials to OM.
GOOD FAITH
 Right of retention for
necessary and useful
expenses.
 Keep buildings, etc. without
indemnity to OM and collect
damages from him.
OWNER OF MATERIALS
(OM)
GOOD FAITH
 Collect value of materials
primarily from BPS and
subsidiarily from LO if former is
insolvent.
 Remove materials only if he
can without injury.
BAD FAITH
 Lose materials without right to
indemnity;
 Pay damages.
 GOOD FAITH
 Option to:
1. acquire improvements
without paying indemnity
and collect damages;
2. demolition/ restoration plus
damages
3. sell to BP or collect rent
from seller plus damages.
 Pay necessary expenses to
BPS.
BAD FAITH
 Acquire improvements after
paying indemnity and
damages to BPS, unless
the latter decides to
remove;
 Subsidiarily liable to OM for
materials
BAD FAITH
 Recover necessary
expenses for land
preservation;
 Loses improvements
without right to indemnity
from LO unless LO sells the
land.
BAD FAITH
As if all acted in good faith.
GOOD FAITH
 Remove improvements;
 Be indemnified for damages
in any event.
BAD FAITH
 Recover value from BPS (in
pari delicto);
 If BPS acquired
improvements, remove
materials if possible without
injury;
 No action against LO and
may be liable for damages.
GOOD FAITH
 Remove materials if
possible without injury;
 Collect value of materials
primarily from BPS;
subsidiarily from LO.
 BAD FAITH
 Acquire improvements after
indemnity;
 Subsidiarily liable to OM for
materials;
 Sell to BP except if value of
land is considerably more or
rent to sower.
GOOD FAITH
 Option to:
1. acquire improvements
without paying indemnity
and collect damages;
2. Sell to BP or rent to sower
and collect damages
3. demolition/ restoration plus
damages;
4. pay necessary expenses to
BPS;
4. subsidiarily liable to OM
without damages.
BAD FAITH
 Acquire improvements and
pay indemnity and damages
to BPS unless the latter
decides to remove.
BAD FAITH
 Right of retention for
necessary expenses;
 Pay the value of materials
to OM and pay him
damages.
BAD FAITH
 Recover necessary
expenses;
 Loses improvements
without right of indemnity
from LO unless LO sells the
land;
 Loses right of retention;
 Pay damages to LO;
 Primarily liable to pay value
of materials plus damages.
GOOD FAITH
 Indemnity for damages;
 Remove improvements in
any event.
GOOD FAITH
 Collect value of materials
primarily from BPS with
damages; or subsidiarily
from LO with damages;
 Remove materials in any
event if BPS acquired
improvements.
GOOD FAITH
 Collect value of materials
primarily from BPS with
damages, or subsidiarily
from LO without damages;
 Remove materials in any
event if BPS acquired
materials.
BAD FAITH
 No indemnity; loses
materials.
 It is the owner of the land who is
allowed to exercise the option because
his right is older and because by the
principle of accession he is entitled to
the ownership of the accessory thing,
unless he is in bad faith.
 Spouses Narvaez vs. Spouses Alciso (G.R. No.
165907, July 27, 2009)
 Article 448 is inapplicable in cases involving contracts of
sale with right of repurchase – it is inapplicable when the
owner of the land is the builder, sower, or planter. Article
448 does not apply to a case where the owner of the land
is the builder, sower, or planter who then later loses
ownership of the land by sale or donation. Otherwise
stated, where the true owner himself is the builder of the
works on his own land, the issue of good faith or bad
faith is entirely irrelevant.
ACCRETION

 Accretion – the process whereby

soil is deposited to the lands
adjoining the banks of rivers, and
gradually received as an effect of the
current of the waters.

 Alluvium – the soil deposited or

added to the lands.
 Essential Requisites of Alluvium
1. The deposit should be gradual and
imperceptible;
2. The increase must be
comparatively little;
3. The cause is the current of the
water;
4. The current must be that of the
river; and
5. The river must continue to exist.
 The owners of the lands adjoining the
banks of the river (riparian owner) shall
own the accretion which they gradually
receive.

 Accretion operates ipso jure. However, the

additional area is not covered by a Torrens
title and the riparian owner must register it.
In short, automatic ownership but not
automatic registration.
Accretion Alluvium

1. Is the process whereby the 1. Is the soil deposited;

soil is deposited;

2. Is a broader term because 2. Soil deposit on river banks.

alluvium, strictly speaking,
applies only to the soil
deposit on river banks. It is
also possible that a soil
deposit be made also on the
banks of the lake.
 Accretions of the character of alluvium are natural
incidents of land bordering running streams and are
therefore not affected by registration laws (Payatas
Estate Improvement Co. vs. Tuason, 53 Phil. 55) Indeed
registration does not protect the riparian owner against
diminution of the area of his land thru gradual changes
in the course of the adjoining stream. (C.N. Hodges vs.
Garcia, L-12730, August 22, 1960).
Avulsion
 It is the process whereby 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 belongs retains
ownership thereof, provided he removes
(not merely claims) the same within 2 years
from such segregation.
 In case of uprooted trees, the owner retains
ownership if he makes a claim within 6
months.
 Definition:

 1. River – A natural stream of water, of greater volume than a

creek or rivulet flowing, in a more or less permanent
bed or channel, between defined banks and walls,
which a current which might be continuous in one
direction or affected by the ebb and flow of the tide.

 2. Creek – A small stream less than a river; a recess or inlet in the

store of a river, and not a separate or independent
stream though it is sometimes used in the latter
meaning.

 3. Torrent - A violent, rushing, or turbulent stream.

 ALLUVIUM AVULSION
The deposit of the soil is A sudden or abrupt
gradual and imperceptible. process may be seen.

The soil cannot be Identifiable or verifiable.

identified.

The deposit belongs to the The deposit belongs to the

owner of the property to owner from whose property
which it is attached. it was detached.
 PRESUMPTION:

 In the absence of evidence, that the change in

the course of the river was sudden or that it
occurred through alluvium, the presumption is
that the change was gradual and was caused
by alluvium and erosion.
 Rules on Change of Course of Rivers

 River beds abandoned through the natural change in

the course of the waters.
 OWNERSHIP – Owners whose lands are occupied by
the new course (by operation of law)
 AREA – 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.

 RIGHTS OF THIRD PERSONS – Owners of lands

adjoining the old bed have the right to acquire the same
by paying its value.
 Requisites for Change of River Bed to apply. (Art. 461)

 1. The change must be sudden in order that the old river bed
may be identified;

 2. The changing of the course must be more or less permanent

and not temporary overflooding of another’s land;

 3. The change of the river bed must be a natural one;

 4. There must be definite abandonment by the government ;

 5. The river must continue to exist, that is, it must not

completely dry up or disappear;
 Republic vs. Santos III [G.R. No. 160453, Nov. 12,
2012 (685 SCRA 51)]
 River beds that dry up continue to belong to the State as
its property of public dominion, unless there is an
express law that provides that the dried-up river beds
should belong to some other person.
 The principle that the riparian owner whose land
receives the gradual deposits of soil does not need to
make an express act of possession, and that no acts of
possession are necessary in that instance because it is
the law itself that pronounces the alluvium to belong to
the riparian owner from the time that the deposit created
by the current of the water becomes manifest.
 River opens new bed on private estate.
 OWNERSHIP – Public dominion.

 Current of river divides itself into branches, leaving a

piece of land or part thereof isolated.
 OWNERSHIP – Owner of land retains ownership.

 Portion of land separated from the estate by the

current.
 OWNERSHIP – Owner of land retains ownership.
Ownership of Islands (Article 465)
-unidentifiable accumulated deposits

1.If formed on the sea:

a. State, if within the territorial waters and
maritime zones or jurisdiction of the Philippines
b. First country to effectively occupy, if outside
of Philippine territorial jurisdiction
2. If formed on lakes, navigable or floatable river –
State

3. If formed on non-navigable or non-floatable rivers

–
a. if nearer in margin to one bank, owner of the
nearer margin is the sole owner
b. if equidistant, it shall be divided longitudinally in
halves between the riparian owners of both sides.

4. If islands are formed by the branching of the river

– the landowner retains ownership of the isolated
piece of land.
RIGHT OF ACCESSION
WITH RESPECT TO
MOVABLE PROPERTY
 THREE TYPES OF ACCESSION WITH RESPECT
TO MOVABLE PROPERTY:

 1. Adjunction;

 2. Mixture;

 3. Specification.
 Adjunction

A process by virtue of which two movable

things belonging to different owners are united
in such a way that they form a single object.
1. Adjunction or Conjunction

a. Inclusion or engraftment (setting of stone on a ring

b. Soldadura or Soldering (joining a piece of metal to

another metal of some kind belonging to a different
owner (ferruminatio or plumbatura)

c. Escritura or writing (writing a poem on a paper of

another)

d. Pintura or painting (painting on a canvas of

another)

e. Tejido or Weaving (using threads belonging to

another in making a textile)
 Requisites:

1. There are two movables belonging to different

owners;

2. They are united in such a way that they form a

single object;

3. They are so inseparable that their separation

would impair their nature or result in
substantial injury to either component.
 The resulting object shall belong to the
owner of the principal thing but with the
obligation to indemnify the owner of the
accessory for the value of the latter’s things.
 Primary Factors to Determine the Principal
and the Accessory (Article 467)

1. The thing which is incorporated to another

thing as an ornament is the accessory. The
other is the principal.

2. The thing to which it is added to or joined to

another for the use or perfection of the latter is
the accessory. The other is the principal.
Examples:

a. In a fountain pen, the pen is the principal while

it’s cover is the accessory even if the cover is
embedded with diamonds.

b. In a ring with a stone mounted on it, the ring is

the principal and the stone is the accessory.
The stone is mounted as an ornament to the
ring.
BAR QUESTION – What if the accessory is more
precious than the principal?

Article 469 provides that whenever the

things united can be separated without
injury, their respective owners may demand
their separation. But if the accessory is
more precious than the principal, separation,
although with injury (but not destruction) is
allowed. Expenses for the separation must
be borne by the person who caused the
union if both parties are in good faith.
 Secondary Factors to Determine Principal and the
Accessory( In the event that Rule 467 cannot be
applied)

1. The one which has a greater value shall be

considered as the principal;

2. If they happen to be of equal value, then the one

with greater volume shall be considered as
principal;

3. Special Criteria for Painting, etc., the law gives

more importance to the “work” done rather than on
the things where the work has been done. Finally
that which has greater merits.
Examples:

1. Cement and sand belonging to different owners

were mixed to make hallow blocks for building
purposes. If the cement utilized is more expensive
than the sand used, the cement shall be the
principal and the sand the accessory.

2. If the cement and the sand are of the same value or

price, then the principal shall be the one which is of
greater volume. If there is more sand used than the
cement, the latter is the accessory and the former
the principal.
RIGHTS AND OBLIGATIONS OF THE PARTIES IN
ADJUNCTION
OWNER OF PRINCIPAL (OP) OWNER OF ACCESSORY (OC)
GOOD FAITH: GOOD FAITH:
1. IF SEPARATION IS NOT 1. IF SEPARATION IS NOT
POSSIBLE WITHOUT INJURY: POSSIBLE WITHOUT INJURY:
General Rule: General Rule:
OP gets the accessory. OA is entitled to reimbursement.

Exception: If the accessory is much Exception: If accessory is much

more precious, his right to retain more precious , he can demand
the accessory is subject to the for separation.
right of OA.

2. IF SEPARATION IS POSSIBLE 2. IF SEPARATION IS POSSIBLE

WITHOUT DAMAGE: WITHOUT DAMAGE:

OP can demand for separation. OA can demand the separation of

the accessory.
OWNER OF THE PRINCIPAL OWNER OF THE ACCESSORY (OA)
(OP)
GOOD FAITH: BAD FAITH:
1. Right to retain the accessory. 1. He looses the accessory.

2. Right to claim for damages. 2. He is liable for damages.

BAD FAITH: GOOD FAITH:

1. He is liable for damages. 1. The right to claim damages.

2. His right to retain is subject to 2. The right to demand removal if there

the superior right of OA to ask for is injury.
removal.

BAD FAITH: BAD FAITH:

Same rule if good faith Same rule if in good faith.

Mixture (Article 472)
When two or more things belonging to
different owners are mixed or combined with the
respective identities of the component parts
destroyed or lost.
 COMMIXTION  CONFUSION

-mixture of solid things -mixture of liquid things

belonging to different belonging to different
owners owners
Rules governing Mixtures:

1. Mixture by will of the owners

-their rights shall be first governed by their stipulations;
in the absence of any stipulation, each owner acquires a
right or interest in the mixture in proportion to the value
of his material as in co-ownership (Article 485)

2. Mixture caused by an owner in good faith or by chance

-the share of each owner shall also be proportional to the
value of the part which belonged to him (if the things
mixed are exactly of the same kind and quality, just divide
the mixture equally or proportionately; if they can be
separated, separate as in co-ownership;)

3. Mixture is caused by an owner in bad faith

-forfeits the thing belonging to him plus damages

4. Mixture made with knowledge or without objection of the

other owner
-as though acted in good faith
 Specification
The giving of a new form to another’s
material thru the application of labor and
industry.
Rules in Specification:
1. When the maker (principal) is in good faith
a. The maker shall appropriate the new thing but he must
indemnify the owner of the material for the value thereof
b. The maker cannot appropriate the new thing if the material
transformed is worth more than than the new thing. The
owner of the material can appropriate the new thing after
paying the value of the work or he can demand indemnity
of the value of the material.

2. When the maker (principal) is in bad faith

a. The owner of the material can appropriate the work
without paying for the labor or industry exerted
b. The same owner can demand indemnity for material plus
damages
c. Owner of the material cannot appropriate the work if value
thereof is considerably more than the material due to the
artistic or scientific importance of the work.
 RIGHTS AND OBLIGATIONS OF THE PARTIES IN
SPECIFICATIONS
MAKER (M) OWNER OF MATERIAL (OM)
(The one who applied labor)
GOOD FAITH: GOOD FAITH:
General Rule: General Rule:
1. He retains the material. 1. OA is entitled to reimbursement.
2. He must indemnify OM.

Exception: If the material is more Exception: If material is more valuable

valuable than the resulting thing – his than the resulting thing –
rights (Gen. Rule) is subject to the 1. He can either acquire the resulting
superior right of OM. thing subject to payment to M for
the value of labor; OR
2. Demand reimbursement for value
of the material.

GOOD FAITH: BAD FAITH:

1. Right to retain the accessory. 1. He looses the accessory.
2. Right to claim damages 2. He is liable for damages.
 MAKER (M)
(The one who applied labor)
BAD FAITH:
1. He is liable for damages.
2. His right to retain is subject to the
superior right of OM to retain the
resulting thing.
BAD FAITH:
Same rule if in good faith.
OWNER OF MATERIAL (OM)
GOOD FAITH:
1. The right to claim payment for
value of materials plus damages;
OR
2. The right to claim the resulting
thing without indemnity.
BAD FAITH:
Same rule if in good faith.
 ADJUNCTION MIXTURE SPECIFICATION
Involves at least two Involves at least two Involves only one
things things thing but form is
changed

Accessory follows Co-ownership Accessory follows

the principal results the principal

Things joined retain Things mixed may The new object

their nature either retain or lose retains or preserves
their respective the nature of the
nature original object
QUIETING OF TITLE (Article 476)
 Kinds
1. Remedial (action to remove the cloud or to quiet
title)
a. There is a cloud on title to real property or any
interest therein;
b. The cloud is 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
enforceable, and may be prejudicial to said title.

2. Preventive (action to remove the cloud or to quiet

title)
 Chung Jr. vs. Mondragon [(686 SCRA 112) (2012)];
Mananquil vs. Moico [(686 SCRA123) (2012)]
 The issues in a case for quieting of title are fairly simple;
the plaintiff need to prove only two things, namely; (1)
the plaintiff or complainant has a legal or an equitable
title to or interest in the real property subject of the
action; and (2) that the deed, claim, encumbrance or
proceeding claimed to be casting a cloud on his title
must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or legal
efficacy.
 Existence of a “Cloud”;

 (a) It exists because of an instrument (deed or contract) or record

or claim or encumbrance or proceeding;

 (b) Which is apparently valid or effective;

 (c) But is in truth and in fact, invalid, ineffective, voidable, or

enforceable, or extinguished (or terminated) or barred by
extinctive prescription;

 (d) And may be prejudicial to the title.

 Prescription of Action

1. Plaintiff in possession – imprescriptible

2. Plaintiff not in possession – 10 years

ordinary; 30 years extraordinary
Moreover, even if the action is brought
within the period of limitations, it may be
barred by LACHES, where there is no
excuse offered for the failure to assert
the title sooner.
CO-OWNERSHIP (Article 484)
 The right of common dominion which two or
more persons have in a spiritual part of a thing
which is not physically divided.

 Ownership of undivided thing or right belongs to

different persons.

 Ideal share, no specific part.

Requisites:

1. Plurality of subjects, which means that there must

at least be two persons with rights of ownership;

2. Unity of Object, which means that there must be

one thing or right which is not yet divided
materially and the co-owners are tied up to one
another because of this unity;

3. Recognition of ideal share, which means that the

co-owners acknowledges the fact of co-
ownership;
 How CO-OWNERSHIP is created?

 (1) Donation inter vivos;

 (2) Law;

 (3) Occupation;

 (4) Contract;

 (5) Chance;

 (6) Succession or Testamentary Disposition.

 Co-ownership has the nature of a trust
(Sotto vs. Reyes 86 SCRA 154) and possession
of a co-owner is like that of a trustee and shall
not be regarded as adverse to the other co-
owners but in fact as beneficial to all of them
(Salvador vs. CA 60 SCRA 303)
CO-OWNERSHIP ORDINARY PARTNERSHIP

(a) No legal personality; (a) Has legal or juridical

personality

(b) Created by contract or by (b) Created by contract only

other things; (either express or implied);

(c) Purpose- collective enjoyment; (c) Purpose is for profit;

(d) No mutual representation; (d) There is mutual

representation;

(e) Not dissolved by death or (e) Is dissolved by death or

incapacity of co-owner; incapacity of a partner;
CO-OWNERSHIP PARTNERSHIP

(f) Can dispose of his share (f) Cannot substitute another

without the consent of others; partner in his place without the
consent of the others;

(g) Profits must always depend (g) Profits may be stipulated

on proportionate shares. upon.
CO-OWNERSHIP CONJUGAL PARTNERSHIP

(a) May arise thru an ordinary (a) Arises only because of the
contract; marriage contract;

(b) Sex of the co-owners is (b) One must be a male, the other
immaterial; a female;

(c) Co-owners may be two or (c) Conjugal owners are always

more; two;

(d) Profits are proportional to (d) Profits are generally 50-50

respective interests; unless a contrary stipulation is in
a marriage settlement;
CO-OWNERSHIP CONJUGAL PARTNERSHIP

(e) Death of one does not (e) Death of either husband or

dissolve the co-ownership; wife dissolves the conjugal
partnership;

(f) Generally all the co-owners (f) Generally, the husband is the
administer; administrator;
 Right to Use Property Owned in
Common (Article 486)
-each co-owner is granted the right to use the
property for purposes intended but with the
following restrictions:
a. The interest of the co-ownership must not be
injured or prejudiced;

b. The other co-owners must not be prevented

from using the property owned in common.
 Right of Co-owners to Bring an Action in
Ejectment (Article 487)

- allows a co-owner to bring an action for

recovery of possession without the necessity of
joining all the other co-owners as co-plaintiffs
because it is deemed to be instituted for the
benefit of all co-owners.

-the presumption is that it is a representative

suit instituted in behalf of all.
 Marmo vs. Anacay (G.R. No. 182585, November 27,
2009)
 When the controversy involves a property held in
common. Art. 487 of the Civil Code explicitly provides
that, “any one of the co-owners may bring an action in
ejectment.” The term “action in ejectment” includes also
an accion publiciana (recovery of possession) or accion
reivindicatoria (recovery of ownership)
 This should be distinguished from a case where the
actions for quieting of title and unlawful detainer,
respectively, were brought for the benefit of the plaintiff
alone who claimed to be the sole owner. Such action will
not prosper unless the plaintiff impleaded the other co-
owners who are indispensable parties. In these cases,
the absence of an indispensable party rendered all
subsequent actions of the court null and void for want of
authority to act, not only as to the absent parties but
even as to those present.
 Thus, where the suit is brought by a co-owner, without
repudiating the co-ownership, then the suit is presumed
to be filed for the benefit of the co-owners and may
proceed without impleading the other co-owners.
However, where the co-owner repudiates the co-
ownership by claiming sole ownership of the property or
where the suit is brought against a co-owner, his co-
owners are indispensable parties and must be impleaded
as party defendants, as the suit affects the rights and
interests of these other co-owners.(Marmo vs. Anacay)
 Consent Required:

1. Preservation of thing
 ONE co-owner may make, but if
practicable, notify the other co-owners;
 Compulsory for ALL co-owners to give
their consent but a co-owner may exempt
himself by renouncing his undivided
interest (provided not prejudicial to the co-
ownership).

2. Alterations/acts of ownership – ALL OWNERS

must give consent.
3. Others (useful improvements, luxurious
embellishments, administration and better
enjoyment)
 MAJORITY of co-owners (not numerical but
financial, i.e., those who represent the
controlling interest in the object of the co-
ownership).
 NO MAJORITY/RESOLUTION OF MAJORITY
SERIOUSLY PREJUDICIAL TO THOSE
INTERESTED – Court may order measures
including appointment of administrator.
 ALTERATION:
 Is a change which is more or less permanent, which changes the
use of the thing and which prejudices the condition of the thing or
its enjoyment by others.

 Example of Alterations:
 (a) Sale, donation or mortgage of the whole property;

 (b) Sale, donation or mortgage of a part of the property;

 (c) A voluntary easement;

 (d) Lease of real property;

 (e) Construction of a house on a lot owned in common.

 Effects of an Illegal Alteration:

 (a) The co-owner responsible may lose what he has spent;

 (b) Demolition can be compelled;

 (c) He would be liable for loses and damages;

 (d) But whatever benefits the co-ownership derives will belong

to it.
 Rights of Each Co-owner as to the Thing
owned in Common:
1. To use the thing owned in common
a. according to the purpose for which it is
intended;
b. without prejudice to the interest of the co-
ownership;
c. without preventing the other co-owners
from using the thing according to their
own rights.

2. To share in the benefits and charges in

proportion to the interest of each;
3. To the benefits of prescription
a. PRESCRIPTION IN FAVOR OF ONE CO-
OWNER SHALL BENEFIT ALL OTHERS!!

4. To compel the others to share in the expenses of

preservation even if incurred without prior
notice;

5. To oppose alterations made without the consent

of all, even if beneficial;

6. To protest against seriously prejudicial decisions

of the majority;
6. To protest against seriously prejudicial
decisions of the majority;

7. To exercise the right of redemption within 30

days from notice of sale of an undivided share of
another co-owner to a stranger;

8. To defend the co-ownership’s interest in court;

9. To demand partition at any time; and

10. To bring an action in ejectment.

 Adlawan vs. Adlawan (G.R. No. 16916, January
20,2006)

 It is not disputed that petitioner brought the suit for

unlawful detainer in his name alone and for his own
benefit to the exclusion of the heirs of Graciana as he
even executed an affidavit of self- adjudication over the
disputed property. It is clear therefore that petitioner
cannot validly maintain the instant action considering
that he does not recognize the co-ownership that
necessarily flows from his theory of succession to the
property of his father, Dominador.
 In the same vein, there is no merit in petitioner’s claim
that he has the legal personality to file the present
unlawful detainer suit because the ejectment of
respondents would benefit not only him but also his
alleged co-owners. However, petitioner forgets that he
filed the instant case to acquire possession of the
property and to recover damages. If granted, he alone
will gain possession of the lot and benefit from the
proceeds of the award of damages to the exclusion of
the heirs of Graciana. Hence, petitioner cannot
successfully capitalize on the alleged benefit to his co-
owners. Incidentally, it should be pointed out that in
default of the said heirs of Graciana, whom petitioner
labeled as "fictitious heirs," the State will inherit her
share and will thus be petitioner’s co-owner entitled to
possession and enjoyment of the property. (Adlawan
vs. Adlawan)
 Rights of Each Co-Owner as to His/Her
Ideal Share
1. To have full ownership of his/her part and of
his/her share of the fruits and benefits;

2. To substitute another person in its enjoyment,

except when personal rights are involved;

3. To alienate, assign or mortgage his/her share;

and

4. To renounce part of his interest to reimburse

necessary expenses incurred by another co-
owner.
 Acquisition by Prescription
Prescription will not lie against a co-owner unless
there be a valid repudiation of the co-ownership.
 Requisites:
1. He must make known to the other co-owners that
he is definitely repudiating the co-ownership and
claiming complete ownership over the property.

2. Evidence of repudiation and knowledge on the

part of the others must be clear and convincing.

3. Open, continuous, public, peaceful, adverse,

possession for the period of time required under
the law.

4. The period of prescription starts from such

repudiation.
 Heirs of Juanita Padilla vs. Magdua (630 SCRA 573)
(2010)
 Co-heirs or co-owners cannot acquire by acquisitive
prescription the share of the other co-heirs or co-owners
absent a clear repudiation of the co-ownership, as
expressed in Article 494 of the Civil Code.

 Since possession of co-owners is like that of a trustee, in

order that a co-owner’s possession may be deemed
adverse to the cestui que trust or other co-owners, the
following requisites must concur: (1) that he has
performed unequivocal acts of repudiation amounting to
an ouster of the cestui que trust or other co-owners, (2)
that such positive acts of repudiation have been made
known to the cestui que trust or other co-owners, and (3)
that the evidence thereon must be clear and convincing.
 Ining vs. Vega (G.R. No. 174727, August 12, 2013)
 No prescription shall run in favor of one of the co-heirs
against the others so long as he expressly or impliedly
recognizes the co-ownership.
 For prescription to set in, the repudiation must be done
by a co-owner.
 Time and again, it has been held that "a co-owner
cannot acquire by prescription the share of the other co-
owners, absent any clear repudiation of the co-
ownership. In order that the title may prescribe in favor
of a co-owner, the following requisites must concur: (1)
the co-owner has performed unequivocal acts of
repudiation amounting to an ouster of the other co-
owners; (2) such positive acts of repudiation have been
made known to the other co-owners; and (3) the
evidence thereof is clear and convincing."
 Partition

 A co-owner can demand partition at anytime,

insofar as his share is concerned.

 Action imprescriptible; cannot be barred by

laches, absent a repudiation of the co-ownership
of the co-owner.
 No partition if:
1. Prohibited by agreement for a period not
exceeding 10 years; maybe extended after
original period has prescribed provided each
does not exceed 10 years;

2. Prohibited by testator or donor for a period not

exceeding 20 years;

3. Prohibited by law;

4. Physical partition of the property would render

the property unserviceable for its intended use;

5. Legal nature of the common property does not

allow partition.
 Legal Partition: (Art. 498)

1. Thing is essentially indivisible

2. Procedure:
a. give the whole to the co-owner who will be
required to indemnify the rest
b. if not agreed upon, public or private sale and
its proceeds divided among the co-owners.
 Go vs. Go (G.R. No. 183546, September 18, 2009)
 An action for partition involves two phases. During the
first phase, the trial court determines whether a co-
ownership in fact exists while in the second phase the
propriety of partition is resolved. Thus, until and unless
the issue of co-ownership is definitely resolved, it would
be premature to effect a partition of the subject property.
 Termination of Co-ownership (CALSTEP)
1. Consolidation/merger in one co-owner;

2. Acquisitive prescription in favor of a third person

or a co-owner who repudiates the co-ownership;

3. Loss or destruction of property;

4. Sale of property co-owned;

5. Termination of period;

6. Expropriation; and

7. Partition (either judicial or extrajudicial).

CONDOMINIUM ACT
(Republic Act No. 7426)

 Condominium

An interest in real property consisting of a

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.
 Ownership over a condominium unit is
acquired by the buyer only after he had fully
paid the purchase price (Condominium
Corporation vs. Campos, Jr.; 104 SCRA 295)

It is ownership of the unit that makes the buyer a

shareholder in the condominium.
 Any transfer or conveyance of a unit or
apartment, office, store or other space therein,
shall include the transfer or conveyance of the
undivided interest in the common areas, or in
proper cases, the membership or share-holdings
in the condominium corporation.
 Limitations on Transfer
Where the common areas in the
condominium project are held by the owners of
separate units as co-owners thereof, the
unit/interest therein may be transferred only to
FILIPINO CITIZENS or corporations AT LEAST
60% of the capital stock of which belongs to
Filipino citizens, except in cases of hereditary
succession.
 Where the common areas in a condominium
project are held by a corporation, no transfer or
conveyance of a unit shall be valid if the
concomitant transfer of the appurtenant
membership or stockholding in the corporation
will cause the alien interest in such corporation
to exceed the limits imposed by existing laws.
THE WATER CODE
(Presidential Decree No. 1067)

 Coverage
Water under the ground, above the ground,
in the atmosphere, and of the sea within the
territorial jurisdiction of the Philippines.
 Appropriation – the acquisition of rights over the
use of waters or the taking or diverting of waters
from a natural source in the manner and for any
purpose allowed by law.

 Water Right – the privilege granted by the

government to appropriate and use water.
 Underlying PRINCIPLES OF THE WATER CODE:

 (1) All waters belong to the State;

 (2) All waters that belong to the State cannot be the

subject of acquisitive prescription;

 (3) The State may allow the use or development of

waters by administration concession;

 (4) The utilization, exploitation, development ,

conservation and protection of water resources
shall be subject to control and regulation of the
government through the National Water Resources
Board;

 (5) Preference in the use and development of waters

shall consider current usages and responsive to the
changing needs of the country.
 The following belong to the State:
 (a) Rivers and their natural beds;

 (b) Continuous or intermittent waters of springs and brooks

running in their natural beds and the beds themselves;

 (c) Natural lakes and lagoons;

 (d) All other categories of surface waters such as water flowing

over lands, water from rainfall whether natural, or artificial,
and water from agriculture runoff, seepage and drainage;

 (e) Atmospheric water;

 (f) Subterranean or ground waters; and,

 (g) Seawater.
 The following waters found on private lands belong to
the State:

 (a) Continuous or intermittent waters rising on such lands;

 (b) Lakes and lagoons naturally occurring on such lands;

 (c) Rain water falling on such lands;

 (d) Subterranean or ground waters; and,

 (e) Water in swamps and marshes.

 Any person may appropriate or use natural
bodies of water without securing a water permit
for any of the following:
1. Appropriation of water by means of hand-carried
receptacles;
2. Use for domestic purposes; and
3. Bathing or washing, watering or dipping of
domestic or farm animals, and navigation of
watercrafts or transportation of logs and other
objects by flotation.
 Limitation

ONLY FILIPINO CITIZENS, of legal age, as well

as juridical persons, who are duly qualified by
law to exploit and develop water resources, may
apply for water permits.
 Water may be appropriated for the following purposes:
 (a) Domestic

 (b) Municipal

 (c) Irrigation

 (d) Power generation

 (e) Fisheries

 (f) Livestock raising

 (g) Industrial

 (h) Recreational, and

 (i) Other purposes

 Utilization of Waters

 Lower estates are obliged to receive the waters

which naturally and without the intervention of
man flow from the higher estates, as well as the
stone or earth which carry with them.

 The owner of the lower estate cannot construct

works which will impede this natural flow,
unless he provides an alternative method of
drainage; neither can the owner of the higher
estate make works which will increase this
natural flow.
 All disputes relating to appropriation,
utilization, exploitation, development, control,
conservation, and protection of waters within
the meaning and context of the Water Code fall
within the jurisdiction of the National Water
Resources Board (Amistoso vs. Ong, 130
SCRA 228). However, authority for
construction of dams, bridges and other
structures across of which may interfere with
the flow of navigable or floatable waterways
shall first be secured from the DPWH (Article
38, Water Code).
 PROBLEM
L owns an agricultural land planted mostly with
fruit trees. H owns an adjacent land devoted to his
piggery business, which is 2 meters higher in
elevation. Although H has constructed a waste
disposal lagoon for his piggery, it is inadequate to
contain the water containing pig manure, and it often
overflows and inundates L’s plantation, causing the
trees to wither and die. L sues for damages caused
to his plantation. H invokes his right to the benefit of
natural easement in favor of his higher estate, which
imposes upon the lower estate of L the obligation to
receive the waters descending from the higher
estate.
Is H correct?
 No, H is not correct.

It is true that L’s land is burdened with the

natural easement to accept or receive the
water which naturally and without interruption
of man descends from a higher estate to a
lower estate. However, H has constructed a
waste disposal lagoon for his piggery and it is
this waste water that flows downward to L’s
land. H has, thus, interrupted the flow of water
and has created and is maintaining a nuisance.
Under Art. 697 of the NCC, abatement of a
nuisance does not preclude recovery of
damages of any person injured to recover
damages for its past existence.
 POSSESSION
 Definition
The holding of a thing or the
enjoyment of a right, whether by
material occupation or by the fact that
the thing or right is subjected to the
action of our will.
 Degrees of Possession
1.Grammatical degree – mere holding or having,
without any right whatsoever;

2.Juridical degree – possession with a juridical

title, but not that of an owner;

3.Real possessory right – possession with a just

title, but not from the true owner;

4.Possession with a title of dominium –

possession with a just title from the owner.
1. Right to possession (Jus Possidendi) – this is
a right or an incident of ownership. It is
merely an attribute of ownership over a thing.
Example, you own a parcel of land, you are
entitled to possess it.

2. Right of Possession (Jus possessionis) – this

is an independent right of itself, that which is
not a result of ownership. Example, I rented a
room from the boarding house of A, I have the
right to possess the said house as lessee
thereof.
Requisites and/or Elements of Possession:

1. There must exist a thing or a right.

2. There must be a holding or control of a thing or a

right, which includes occupancy, taking or
apprehension. May be actual or constructive.

3. There must be a deliberate intention to possess.

4. The possession must be virtue of one’s own right, as

an owner or as a holder.
Possession may be:

1. Direct or indirect – In one’s own name or in the

name of another (Art. 524). If indirect, may be
voluntary, necessary or unauthorized.

2. In the concept of an owner, or a holder (Art.

525) If in the concept of an owner, may be in
good faith or in bad faith. In the concept of a
holder means there has to be an owner.
 Ownership is different from possession. A
person may be declared the owner, but he may
not be entitled to possession. The possession
(in the concept of holder ) may be in the hands
of another, such as a lessee or a tenant.
Possession in Good Faith or Bad Faith

1. The issue on Good and Bad Faith relative to

possession will only apply when there is a flaw in
the title or mode of acquisition. If no flaw, do not
apply.

2. Good faith is when a possessor is not aware of the

said flaw. Bad faith is when the possessor is aware
that there is a flaw.

3. It is a question of intention. It is a state of mind, not

visible or tangible. But it can be determined by the
overt acts and conducts of the possessor.
 While a possessor in good faith is one who
BELIEVES he is owner, the possessor in the
concept of an owner is one who ACTS as if he is the
owner.

OBJECT OF POSSESSION:
Only things and rights susceptible of being
appropriated may be the object of possession.
ART. 527. Good Faith is always
presumed, and upon him who alleges
bad faith on the part of a possessor
rests the burden of proof.
 The character of good faith remains until the
possessor is shown to have been aware that he
possesses the thing improperly or wrongfully
(presumption of continuity). Possession in good
faith ceases from the moment defects in the
possessor’s title are made known to him, by
extraneous evidence or when a complaint for recover
is filed.

A possessor may start his possession in good

faith but may end up in bad faith.

Bad faith is personal.

 Acquisition of Possession (Art. 531)

1. Material occupation of a thing(Detention);

2. Exercise of a right (Quasi-possession this includes constitutom

possessorium or traditio brevi manu);

3. Subjection to the action of our will (this includes traditio longa

manu – by mere agreement; or by the delivery of keys – traditio
simbolica);

4. By proper acts and legal formalities established for acquiring

such right. (Constructive possession such as succession,
donation, execution of public instruments.)
 Constitutom possessorium
 - Exists when a person who possesses property as an owner, now
possesses it is some other capacity, as that of a lessee or
depositary.

 Traditio Brevi Manu

 - This exist when a person who possessed property not as an
owner (like a lessee) now possesses it as an owner.

 Traditio Longa Manu

 - delivery by consent or mere pointing.
 Wong vs. Carpio (G.R. No. 504264, October 21, 1991)

 It should be stressed that "possession is acquired by the material

occupation of a thing or the exercise of a right, or by the fact that it
is subject to the action of our will, or by the proper acts and legal
formalities for acquiring such right." (Art. 531, Civil Code; Rizal
Cement Co., Inc. vs. Villareal, 135 SCRA 15 [1985]); and that the
execution of a sale thru a public instrument shall be equivalent to
the delivery of the thing, unless there is stipulation to the contrary . .
. . If, however, notwithstanding the execution of the instrument, the
purchaser cannot have the enjoyment and material tenancy of the
thing and make use of it herself, because such tenancy and
enjoyment are opposed by another, then delivery has not been
effected. (Paras, Civil Code of the Philippines, Vol. II, 1989 Ed., p.
400).
 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 possession, the present
possessor shall be preferred; if there are two possessions, the one
longer in possession, if the dates of possession are the same, the
one who presents a title; and if these conditions are equal, the thing
shall be placed in judicial deposit pending determination of its
possession or ownership through proper proceedings (Art. 538,
Civil Code).

 Possession in good faith ceases from the moment defects in the

title are made known to the possessors, by extraneous evidence or
by suit for recovery of the property by the true owner. Whatever
may be the cause or the fact from which it can be deduced that the
possessor has knowledge of the defects of his title or mode of
acquisition, it must be considered sufficient to show bad faith.
(Tolentino, Civil Code of the Philippines, Vol. II, p. 226). Such
interruption takes place upon service of summons (Manotok Realty
vs. Judge Tecson, 164 SCRA 587 [1988] citing Mindanao Academy,
Inc. v. Yap (13 SCRA 190 [1965]).
 Essential Requirements For Possession:

 (a) the corpus (or the thing physically detained)

 (b) the animus or intent to possess (whether

evidenced expressly or impliedly)
 Acquisition of Possession from the Viewpoint of Who
Possesses:

 (a) personal;
 Requisites:
 1. intent to possess
 2. capacity to possess
 3. object must be capable of being possessed

 (b) thru authorized person (agent or legal representative)

 Requisites:
 1. intent to possess for the principal (not for the agent)
 2. authority or capacity to possess (for another)
 3. principal has intent and capacity to possess

 (c) thru unauthorized person (but only subsequently ratified).

 Requisites:
 1. intent to possess for another (the principal)
 2. capacity of principal to possess
 3. ratification by principal.
 Art. 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.
 Rules on “Tacking”
 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.
 Art. 534, in possession thru succession

General Rule: One who succeeds by hereditary title

shall not suffer the consequences of the wrongful
possession of the decedent. The reason is that bad
faith, which is a state of mind, is personal to the
person who acted so. It is intransmissible.

Exception: If it is shown that he was aware of the flaws

or defects in the possession of his predecessor in
interest.
 The effects of possession in good faith
shall not benefit the successor except
from the date of death of the decedent.
1. If the father is in bad faith, it does not necessarily
mean that the son is also in bad faith. Since the
father was however in bad faith, the consequences
of good faith of the son should be counted from
the death of the father.

2. If the father had been in good faith, the possession

of the father will be added to the possession of the
son, and the possession in good faith commences
from the time the father possessed in good faith.
 Possession of the Same Thing by Two Different
Persons (Art. 538)
Possession as a fact CANNOT BE
RECOGNIZED AT THE SAME TIME in two
different personalities except in case of –

1. co-possession; and

2. possession in different degrees.

 Rules on Possession as a Fact (Art. 538)

1. Present possessor shall be preferred;

2. Both are in possession – one LONGER IN

POSSESSION shall be preferred;

3. Both possessed at the same time – one who

has TITLE shall be preferred;

4. Both have title – the COURT shall DETERMINE;

meanwhile, the thing shall be judicially
deposited.
 Doctrine of Constructive Possession

Possession in the eyes of the law does not

mean that a man has to have his feet on
every square meter of ground before it can
be said that he is in possession. It is
sufficient that the possessor was able to
subject the property to the action of his
will.
 Somodio vs. CA (G.R. No. 82680, August 15, 1994)
 Petitioner took possession of the property sometime in
1974 when he planted the property to coconut trees, ipil-
ipil trees and fruit trees. In 1976, he started the
construction of a building on the property. It is immaterial
that the building was unfinished and that he left for
Kidapawan for employment reasons and visited the
property only intermittently. Possession in the eyes of the
law does not mean that a man has to have his feet on
every square meter of ground before it can be said that
he is in possession (Ramos v. Director of Lands, 39 Phil.
175 [1918]). It is sufficient that petitioner was able to
subject the property to the action of his will.
 Application of Article 1544, Civil Code

 Movable = ownership goes to the FIRST

POSSESSOR IN GOOD FAITH (apply Article 538)

 Immovable = ownership goes to –

 The first to REGISTER the property IN GOOD
FAITH in the Registry of Property;
 The first POSSESSOR IN GOOD FAITH, if there is
no registration;
 The first to present the OLDEST TITLE, if no one
is in possession of the property.
 A squatter has no possessory rights of any kind against
the owner of the land into which he has intruded. His
occupancy of the land is merely tolerated by the owner.
Thus, there is an implied promise on his part to vacate
upon demand. (Banez vs. CA, L-30351, Sept. 11, 1974)
 Legal Means for Restoration to Possession:
 Reasons:
 1) To prevent spoliation or a disregard of public order;

 2) To prevent deprivation of property without due process of

law;

 3) To prevent a person from the law into his own hands.

 Thus,
 a) The owner should go to court, and not eject the unlawful
possessor by force;
 b) A tenant illegally forced out by the owner-landlord may
institute an action for forcible entry even if he had not been
paying rent regularly;
 c) The proper action are forcible entry or unlawful detainer,
accion publiciana, accion reivindicatoria, replevin; and
injunction;
 Only the possession acquired and enjoyed in the
concept of owner can serve as a title for acquiring
dominion (Art. 540)
 - Thus, a possessor merely in the concept of holder
cannot acquire property by acquisitive prescription.
 Presumption That possessor has a just title:

 (a) One must be in possession (actual or constructive)

 (b) The possession must be in the concept of owner.

 LEGAL POSSESSOR IN POSSESSOR IN BAD
OWNER/POSSESSOR GOOD FAITH FAITH
FRUITS Entitled to the fruits 1. reimburse fruits
RECEIVED / received while received/ which legal
GATHERED possession is in good Possessors could have
faith before it was received
legally interrupted. 2. be reimbursed of the
expenses in their
production, gathering,
and preservation
PENDING A.1.be liable for A.1. Have a right to a Has no right whatsoever
FRUITS expenses of cultivation part of the expenses of as to the pending fruits
in proportion to the time cultivation and to a part
of their possession of the net harvest both
2.share in the net in proportion to the time
harvest in proportion to of the possession
the time of their
possession
B 1.may allow B. 1. If possessor in
possessor in good faith good faith refuses to
to finish the cultivation accept this concession,
and gathering of the he loses the right to be
growing fruits, as an indemnified in any other
indemnity for his part of manner
the expense of
cultivation and the net
proceeds
CHARGES Share in proportion to
the time of their
possession
 Expenses
 Necessary (Gastos Necesarios)
Those without which the thing would physically
deteriorate or be lost., hence those made for the
preservation of the thing.

POSSESSOR IN BAD FAITH

GOOD FAITH
Necessary expenses refunded
Right to retain the No right to retain.
premises until paid.
  Useful (Gastos Utiles)
Those that add value to the property or increase
the object’s productivity and usefulness for the
satisfaction of religious/spiritual yearnings or gives
rise to all kinds of fruits.

POSSESSOR IN GOOD FAITH(IN BAD FAITH

THE CONCEPT OF AN OWNER)
Refunded with the useful Not refunded.
expenses (amount spent or
increase in value at the option of
the owner).
Right to retain the premises until No right to retain.
paid.
Right to remove improvements Owner gets the improvements
provided no substantial damage is
made to the premises UNLESS
the owner reimburses him
 DAMAGE

 Means substantial one that reduces the value of

the property, thus a slight injury curable by an
ordinary repair does not defeat the right of
removal, but the repairs should be chargeable
to the possessor, for it is he who benefits by the
removal and the object removed.
  Rights of a possessor (in the concept of Owner)
with respect to luxurious or ornamental expenses.

 Pure Luxury or mere pleasure

Those that add value to the thing only for certain
determinate persons in view of their particular whims.
They are neither essential for preservation nor useful
to everybody in general.

GOOD FAITH BAD FAITH

No right to refund/retention
May remove improvements, provided no SUBSTANTIAL INJURY is made
Owner has the option to – Owner has the option to–
1. compel the possessor to remove 1. compel the possessor to
the improvements; or remove the improvements; or
2. retain the improvements by 2. retain the improvements by
refunding the AMOUNT SPENT. refunding the VALUE AT THE
TIME THE OWNER ENTERS
INTO POSSESSION.
 Right of possessor (in the concept of Owner) to
Fruits
GOOD FAITH
Gathered/severed fruits are
his own.
PRO RATING of pending or
ungathered fruits pro-rated
between possessor and owner
of expenses, net harvest, and
charges.
BAD FAITH
Return value of
gathered/severed fruits
already received as well as
value which owner/legal
possessor could have
received with due
care/diligence MINUS
necessary expenses for
cultivation, gathering, and
harvesting.
NO RIGHT to pending or
ungathered fruits.
 Neither the possessor in good faith nor in bad faith is
entitled to:

 (a) Improvements caused by nature (like alluvium)

 (b) Improvements caused by time (like improved flavor of wine)

 Deterioration or Loss

POSSESSOR IN GOOD BAD FAITH

FAITH
Not liable before receipt Liable – whether before
of judicial summons. or after receipt of judicial
After summons summons or whether
– Not liable for fortuitous due to fortuitous event
events or not.
– Liable if he acted with
negligence or
fraudulent intent
 Article 559
 Possession of movable acquired in Bad Faith –
not equivalent to title
 Possession of movable acquired in Good Faith:
 Equivalent to title

 Owner may recover:

 if he lost the same or

 he has been unlawfully deprived

 Exception: Possessor acquired the

movable in Good Faith at a public sale,
hence, owner must reimburse the price
paid
Summary of Recovery or Non-Recovery Principle
(Movable property)
Owner may recover w/o Owner may recover but Owner CANNOT recover
reimbursement should reimburse even if he offers
reimbursement
1. From possessor in bad 1. If possessor acquired 1. If possessor had
faith; the object in good faith at acquired it in good faith
a PUBLIC SALE or by purchase from a
2. From possessor in AUCTION. merchant’s store, or in
good faith if the owner fairs, or markets in
had lost the property or accordance with the
been unlawfully deprived Code of Commerce and
of it. special laws;
2. If owner is by his
conduct is in estoppel;
3. If possessor had
obtained the goods
because he was an
innocent purchaser for
value and holder of a
negotiable document of
title of the goods.
 Owner cannot recover even if he offers
reimbursement if:
1. owner is precluded by his conduct, from denying
the seller’s authority to sell;
2. sale is sanctioned by statutory or judicial
authority;
3. sale is made at a merchant’s store, fairs, or
markets;
4. possessor had obtained the movable because he
was an innocent purchaser for value and holder
of a negotiable document of title;
5. recovery is no longer possible because of
prescription.
Possession Cannot be acquired thru:
1. Force or Intimidation (Art. 536)
2. Acts of Tolerance (Art. 537), Roxas vs. CA (391
S 351)
3. Acts of Secrecy, Clandestine Possession (Art
537)
4. Force or Violence (Art. 537)
 Loss of Possession

1. Abandonment of the thing;

2. Assignment (onerous or gratuitous);

3. Destruction or total loss of the thing or

thing goes out of commerce; or

4. Possession of another for more than one

year.
  1. ABANDONMENT

 - voluntary renunciation of the thing.

 Requisites:
 1. The abandoner must have been a possessor in the concept of
an owner;

 2. The abandoner must have the capacity to renounce or to

alienate;

 3. There must be a physical relinquishment of the thing or

object;

 4. There must be no more expectation to recover (spes

recuperandi) and no more intent to return or get back (animus
revertendi).
  2. ASSIGNMENT

 - means complete (not merely limited) transmission of ownership

rights to another person, onerously (as when the thing is sold and
delivered) or gratuitously (as in the case of a donation).

 Both possession de facto and de jure are lost and no action will
allow recovery
  3. DESTRUCTION , TOTAL LOSS AND
WITHDRAWAL

 - a thing is lost when it perishes, or goes out of commerce, or

disappears in such a way that its existence is unknown, or it
cannot be recovered.
 USUFRUCT
 The right to enjoy the property of another with the
obligation of preserving its form and substance, unless
the title constituting it or the law otherwise provides.

 FULLOWNERSHIP = NAKED OWNERSHIP +

USUFRUCT

 It is a real right, of a temporary nature, which authorizes

its holder to enjoy all the benefits which result from the
normal enjoyment (or exploitation) of another’s property,
with the obligation to return, at the designated time,
either the same thing or in special cases its equivalent.
Objects of Usufruct

1. Real property
2. Personal property
3. Flock or herd of animals
4. Transmissible rights which have capability of
independent existence
5. Unproductive things
Elements/Characteristics of Usufruct
1. ESSENTIAL (those without which it cannot be
considered as usufruct)
a. It is a real right (whether registered in the
Registry of Property or not);

b. It is of a temporary nature or duration; (not

perpetual)

c. Its purpose is to enjoy the benefits and derive

all advantages from the object as a
consequence of normal use or exploitation.
2. NATURAL (that which ordinarily is present but
contrary stipulation can eliminate it because it
is not essential)
a. Obligation to preserve or conserve the form
and substance of the thing.

3. ACCIDENTAL (those which may be present or

absent depending upon the stipulation of the
parties
a. Period
b. Pure or conditional
c. Simple or multiple
 Reasons for CONSERVING Form and Substance:
 (a) To prevent extraordinary exploitation;

 (b) To prevent abuse, which is frequent;

 (c) To prevent impairment

OWNERSHIP USUFRUCT

Attributes: Attributes:

1. The right to enjoy; 1. Limited merely to the enjoyment of

the property (jus utendi & jus
2. The right to dispose; fruendi)

3. The right to vindicate or recover

property.
USUFRUCT EASEMENT

1. The object may be personal or real 1. Involves real property only;

property;

2. What can be enjoyed are all uses 2. Limited to a particular use. (like the
and fruits of the property; (jus right of way);
possidendi, utendi and fruendi)

3. A usufruct cannot be constituted 3. An easement may be constituted in

on an easement; but it may be favor of, or burdening, a piece of land
constituted on the land burdened by held in usufruct;
an easement;

4. Usually extinguished by death of 4. Not extinguished by the death of

the usufructuary. the owner of the dominant estate.
BASIS USUFRUCT LEASE

1. As to EXTENT 1. Covers all fruits and 1. Generally covers only

uses as a rule; a particular or
specific use;

2. As to NATURE of the 2. Is always a real right; 2. Is a real right only if,

right; as in the case of lease
over real property, the
lease is registered, or is
for more than ONE
YEAR, otherwise, it is
only a personal right;

3. As to the CREATOR of 3. Can be created only 3. The lessor may or may

the right by the owner, or by a not be the owner (as
duly authorized agent when there is a sublease
acting in behalf of the or when the lessor is
owner; only
BASIS USUFRUCT LEASE

4. As to ORIGIN; 4. May be created by law, 4. May be created as a

contract, last will, or rule only by contract:
prescription; and by way of exception
by law (as in the case of
implied new lease or
when a builder has built
in good faith on the land
of another a building,
when the land is
considerably worth more
in value than the
building;

5. As to CAUSE; 5. The owner is more 5. The owner or lessor is

passive and he allows more or less active and
the usufructuary to he makes the lessee
enjoy the thing given in enjoy;
usufruct;
BASIS USUFRUCT LEASE

6. As to REPAIRS; 6. The usufructuary has 6. The lessee generally

the duty to make has no duty to pay for
ordinary repairs; repairs;

7. As to TAXES; 7. The usufructuary pay 7. The lessee generally

for the annual charges pays no taxes;
and taxes on the fruits;

8. As to other things. 8. A usufructuary may 8. The lessee cannot

lease the property itself constitute a usufruct on
to another. the property leased.
 General Rule
The usufructuary is bound to preserve the
form and substance of the thing in usufruct.

 Exception
Abnormal usufruct whereby the law or the will
of the parties may allow the modification of the
substance of the thing.
 Rights of a Usufructuary
1. To personally enjoy the thing in usufruct;
1. The right to possess, right to the fruits, right to
use accessions, the right to lease; & right to
introduce useful improvements;
2. To retain the thing until he is reimbursed for
advances for extraordinary expenses and
taxes on the capital;
3. To alienate his right of usufruct, even by a
gratuitous title.
Right to the Fruits

GENERAL RULE:

The usufructuary shall be entitled to all natural, industrial and

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

Special Rules with respect to natural and industrial fruits:

(1) Natural or industrial fruits growing at the time the usufruct

begins, belong to the usufructuary. The usufructuary has no
obligation to refund to the owner any expenses incurred,
provided no third persons are prejudiced;

(2) Those growing at the time the usufruct terminates, belong to the
owner. In this case, such owner shall be obliged to reimburse at
the termination of the usufruct, from the proceeds of the
growing fruits, the ordinary expenses of cultivation, for seed,
and other similar expenses incurred by the usufructuary.
 Special Rules with respect to CIVIL FRUITS:

 (1) If the usufructuary has leased the property, and the usufruct
should expire before the termination of the lease, he or his
heirs or successors shall receive only a proportionate share
of the rent;

 (2) If the usufruct consists either in the right to receive (a) rents
or; (b) periodical pensions; (c) the interests on bonds or
securities payable to bearer or in the; (d) enjoyment of
benefits accruing from a participation in any industrial or
commercial enterprise, the date of distribution of which is not
fixed , such rents or pensions, or interests, or benefits, which
are all considered civil fruits belong to the usufructuary to the
time the usufruct may last.
 The USUFRUCTUARY has the right to the enjoyment (use and not
ownership);

 (a) Accessions (whether artificial or natural);

 (b) servitudes and easements;

 (c) all benefits inherent in the property (like the right to hunt and
fish therein)
 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 or rural lands, which shall be
considered as subsisting during the agricultural
years. (Art. 572)
 ABNORMAL USUFRUCT or IMPERFECT USUFRUCT
 Are those where the usufructuary does not have the obligation of
preserving the form and substance of the property which is the object
of the usufruct.

 Effect of Deterioration on the Usufructuary’s Liability:

Due to NORMAL USE Due to event or acts Due to Fraud or
which endangers their Negligence
preservation;

1. Usufructuary is NOT 1. Usufructuary 1. Usufructuary is

responsible; required to make the responsible;
2. Return the thing in necessary or 2. Liability may
the condition at the ordinary repairs. however be set-off
time of the against
termination; improvements.
3. No necessity for
repairs;
4. Failure to return will
result to
indemnification.
 QUASI-USUFRUCT
 Refers to a type of an abnormal usufruct which includes things
which cannot be used without being consumed, hence, its form and
substance are not really preserved.

 RULES for QUASI-USUFRUCT:

 (a) The usufructuary can use them as if he is the owner, with
complete right of pledge or alienation;

 (b) BUT at the end of the usufruct he must;

 1) pay the appraised value (if appraised when first delivered);

 2) or, if there was no appraisal, return the same kind, quality, and
quantity or pay the price current at the termination of the
usufruct (therefore not at the original price or value).
 Rules on Useful and Luxurious Improvements:
 The usufructuary has the RIGHT to make;
 (a) useful improvements;
 (b) luxurious improvements;

 BUT
 (a) He must not alter the form or substance of the property in
usufruct;

 (b) He is not entitled to a refund but he may;

 b.1. either remove the improvements if no substantial damage to

the property in usufruct is caused;
 b.2. Or set-off the improvements against damages for which he
may be liable.
 Obligations of a Usufructuary

 Before entering upon the enjoyment of the

property
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 the Civil Code.
During the existence of the usufruct:
1. To take care of the things given in usufruct as a good father of
the family;
2. To make ordinary repairs on the property;
3. To notify the owner in case the need for extraordinary repairs
on the property is urgent;
4. To pay annual charges and taxes and those considered as a
lien on the fruits;
5. To notify the owner of any act of a third person that may be
prejudicial to the right of ownership;
6. To pay the expenses, costs and liabilities in suits with regard
to the usufruct;
7. To deliver the thing to the owner without prejudice to the right
of retention pertaining to him or his heirs for taxes and
extraordinary expenses which should be reimbursed;
8. If the usufruct be constituted on a flock or herd of livestock, 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.
 Requirements for the Making of the INVENTORY:

 (a) The owner or his legitimate representative must be previously

notified;
 (b) The condition of the immovables must be described;
 (c) The movables must be appraised;
 (d) As a rule, NO FORM is required except that when there are
real properties, Art. 1358 demands a public instrument to
affect third parties;
 (e) Expenses are to be borne by the usufructuary, since the duty
is his’;
 (f) Effect of not making an inventory same as when the security
is not given;
 (g) When inventory is not required;
 g.1. When no one will be injured thereby provided naked owner
consents
 g.2. In case of waiver by the naked owner or the law or when
there is a stipulation in a will or contract.
 The Usufructuary is excused from the obligation of giving a bond
or security:

 (1) When no one will be injured;

 (2) When there is a waiver by the naked owner;

 (3) When the donor has reserved the usufruct of the property
donated;

 (4) In the case of parents who are usufructuaries of their

unemancipated children’s property, except when the parents
contract a second marriage;

 (5) In the case of usufructs subject of caucion juratoria.

 Effects of Failure to Give Security
1. On the rights of the naked owner

a. He may deliver the property to the

usufructuary; OR
b. The naked owner may choose
retention of the property as
administrator; OR
c. The naked owner may demand
receivership or administration of the
real property, sale of movable,
conversion or deposit of credit
instruments, or investment of cash or
profits.
2. On the rights of the usufructuary

a. The usufructuary cannot possess the

property till he gives the security;
b. The usufructuary cannot administer the
property;
c. The usufructuary cannot collect credits
that have matured, nor invest them
unless the court or the naked owner
consents; and
d. The usufructuary cannot alienate his
right to the usufruct.
 Caucion Juratoria
A promise under oath, given by a
usufructuary who has not given security,
to take good care of the property and
return the same at the end of the
usufruct. (See Article 587 of the Civil
Code)
- It is case whereby the usufructuary, being unable to file
the required bond or security, files 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. The same rule applies to instruments or
tools necessary for an industry or vocation in which the
usufructuary is engaged.
 Requisites Before the Caucion Juratoria is Allowed:

 (a) Proper court petition;

 (b) Necessity for delivery of furniture, implements or house

included in the usufruct;

 (c) Approval of the court;

 (d) Sworn promise.

 Upon termination of the usufruct

To return the property to the naked owner, but he

has the rights –
1. to retain the property till he is
reimbursed for taxes on the capital and
indispensable extraordinary repairs or
expenses; and
2. to remove removable improvements or
set them off against damages he has
caused.
 Rules on Repairs/Expenses
 Ordinary repairs
Those required by wear and tear due to the
natural use of the thing and are indispensable for
its preservation.
 USUFRUCTUARY is obliged to make
repairs
 Failure by usufructuary to make repairs –
OWNER may make at the
USUFRUCTUARY’S EXPENSE
 Extraordinary repairs
 Those caused by natural use but not needed for
preservation – NAKED OWNER.
 Those due to abnormal or exceptional
circumstances and needed for preservation –
NAKED OWNER.
 Those due to abnormal or exceptional
circumstances but not needed for preservation
– NAKED OWNER.
 If URGENT, USUFRUCTUARY may make the
repairs at the OWNER’S EXPENSE but must first
notify the latter.
 Annual charges and taxes and those considered
as a lien on the fruits – USUFRUCTUARY.

 Taxes imposed directly on the capital – OWNER.

 If owner has paid them – usufructuary must pay
interest on the sums;
 If the usufructuary advanced taxes at the
beginning of the usufruct – recover at the end of
the usufruct.
 Extinguishment of Usufruct
1. Death of the usufructuary, unless a contrary
intention clearly appears;
2. 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. Merger of the usufruct and ownership in the same
person;
4. Renunciation of the usufructuary;
5. Total loss of the thing in usufruct;
6. Termination of the right of the person constituting
the usufruct; and
7. Prescription.
 Duration of Usufruct

 Town, corporation, association – not more than

50 years;
 Granted for the time that may lapse before a
third person attains a certain age – number of
years specified, even if the third person should die
before the period expires, unless such usufruct has
been granted only in consideration of the existence
of such person.
 PARTIAL LOSS

 If the property is partially lost, the usufruct continues on

the remaining part.
 EASEMENTS OR SERVITUDES

 Definition (Art. 613)

It is an encumbrance imposed upon an
immovable for the benefit of a community or one
or more persons or for the benefit of another
immovable belonging to a different owner.
 Characteristics of Easement:
 (a) A Real Right – therefore an action in rem is possible against
the possessor of the servient estate (it must be registered in
order to affect third persons);

 (b) Imposable only on another’s property;

 (c) It is a jus in re aliena (a real right that may be alienated

although naked ownership is maintained);

 (d) It is a limitation or encumbrance on the servient estate for

another’s benefit; (it is an encumbrance on the servient estate
but confers benefit on the dominant estate.);

 (e) There is Inherence (or inseparability from the estate to which it

belongs);

 (f) It is Indivisible (Even if the tenement be divided)

 (g) It is Intransmissible;

 (h) It is perpetual (As long as the dominant and / or the servient

estate exists unless sooner extinguished by the causes
enumerated by law).
 Classifications of EASEMENTS

1. According to party given benefit

a. Real – for the benefit of another immovable belonging
to a different owner;
b. Personal – for the benefit of one or more persons or of
a community.

2. According to manner of exercise

a. Continuous – their use is incessant, or may be
incessant, without the intervention of any act of man;
b. Discontinuous – they are used at intervals and depend
upon the acts of man.
3. According to whether or not existence is indicated
a. Apparent – those made known and continually kept in
view by external signs that reveal the use and
enjoyment of the same;
b. Non-apparent – they show no external indication of
their existence.

4. According to purpose
a. Positive – owner of the servient estate is obliged to
allow something to be done on his property (servitus
in patendo) or to do it himself (servitus in faciendo).
b. Negative – owner of the servient estate is prohibited
to do something which he could lawfully do were it
not for the existence of the easement.
5. According to right given
a. Right to partially use the servient estate;
b. Right to get specific materials or objects from the
servient estate;
c. Right to participate in ownership;
d. Right to impede or prevent the neighboring estate
from performing a specific act of ownership.

6. According to source or origin

a. Voluntary – constituted by will or agreement of the
parties or by a testator;
b. Mixed – created partly by agreement and partly by
law;
c. Legal – those constituted by law for public use or for
private interest.
 Modes of Acquiring Easements
 Continuous and Apparent (Art. 620)
(e.g., easement of aqueduct, easement of light and view)
 By title
 does not necessarily mean document but it means a
judicial act or law sufficient to create the encumbrance;
ex: law, donation, will, contract
 absence of document or proof showing origin of
easement may be cured by:
 deed of recognition by owner of a servient estate

 final judgment declaring the easement

 By prescription of 10 years (whether good faith or bad

faith) Art. 621
 Positive – computed from the day the owner of the
dominant estate or possessor who may have made use
of the easement commenced to exercise it upon the
servient estate
 Negative – computed from the day notarial prohibition
was made on the servient estate by the dominant
estate.
 Requisites of Prescription:
 Possession for purpose of prescription has to be in the
concept of an owner, public, peaceful and
uninterrupted. It should also be remembered that acts
of possessory character executed by virtue of a license
or by mere tolerance of the owner shall not be available
for purposes of prescription.
 MODES OF ACQUIRING EASEMENTS

 EITHER BY TITLE OR BY PRESCRIPTION

 Continuous and apparent

 ONLY BY TITLE
 Discontinuous and Apparent
 Continuous and Non-apparent
 Discontinuous and Non-apparent
 Requisites To Affect or Prejudice Third Persons:

To prejudice third persons, voluntary easements

must be registered. Registration is not generally
essential for legal easements since this exists as a
matter of law and necessity.
 Rights of the DOMINANT ESTATE:
 (a) To exercise the easement and all necessary rights for its use
including accessory easement;

 (b) To make on the servient estate all works necessary for the use
and preservation of the servitude, BUT –

 1. This must be at his own expense;

 2. He must notify the servient owner;
 3. Select convenient time and manner;
 4. He must not alter the easement nor render it more burdensome.

 (c) To ask for a Mandatory Injunction to prevent impairment or

obstruction in the exercise of the easement as when the owner
of the servient estate obstructs the right of way by building a
wall or fence;

 (d) To renounce totally the easement if he desires exemption from

contribution to expenses.
 Obligations of the DOMINANT ESTATE:

 (a) He cannot alter the easement;

 (b) He cannot make it more burdensome;

 (c) If there are several dominant estates each must contribute to

necessary repairs and expenses in proportion to the benefits
received by each estate
 Rights of the SERVIENT ESTATE;

 (a) To retain ownership and possession of the portion of his land

affected by the easement even if indemnity for the right is
given unless the contrary has been stipulated;

 (b) To make use of the easement, unless deprived by stipulation

provided that the exercise of the easement is not adversely
affected and provided further that he contributes to the
expenses in proportion to benefits received, unless there is a
contrary stipulation;

 (c) To change the location of a very inconvenient easement

provided that an equally convenient substitute is made,
without injury to the dominant estate.
 Obligations of the SERVIENT ESTATE;

 (a) He cannot impair the use of the easement;

 (b) He must contribute to the expenses in case he uses the

easement unless there is a contrary stipulation;

 (c) In case of impairment, to restore conditions to the status quo

at his expense plus damages;

 (d) To pay for the expenses incurred for the change of location of
form of easement.
 Legal Easements

 They are easements imposed by law, and which have

for their object either:

 (a) public use;

 (b) or the interest of private persons.

 Different Kinds of Legal Easements:

 (a) The easements relating to waters;

 (b) right of way;

 (c) party wall;

 (d) light and view;

 (e) drainage;

 (f) intermediate distances;

 (g) easement against nuisance;

 (h) lateral and subjacent support.

 Aqueduct (Art 46 of the Water Code)
When artificial means are employed to drain water
from higher estate to lower land, the owner of the higher
land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands, subject
to the requirements of just compensation.

 Art. 47 of the Water Code

When the use, conveyance or storage of waters
results in damage to another, the person responsible
for the damage shall pay compensation.

 Art. 49 of the Water Code

Any person having an easement for an aqueduct
may enter upon the servient land for the purpose of
cleaning, repairing or replacing the aqueduct or the
removal of the obstructions therefrom.
 Art. 50 of the Water Code
Lower estates are obliged to receive waters
which naturally and without the intervention of man
flow from the higher estates, as well as the stone or
earth which they carry with them. The owner of the
lower estate can not construct works which will
impede the natural flow, unless he provides an
alternative method of drainage; neither can the
owner of the higher estate make works which will
increase this natural flow.
 Right of Way
The easement or privilege by which one person
or a particular class of persons is allowed to pass
over another’s land, usually through one particular
path or line.

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 neighboring estates, after
payment of the proper indemnity.
 Requisites:
1. The property is surrounded by estates of others;

2. There is no adequate outlet to a public highway;

3. There must be payment of the proper indemnity;

4. It
must be established at the point least prejudicial
to the servient estate;

5. Theisolation must not be due to the proprietor’s

own acts; and

6. Demandable only by the owner or one with a real

right like a usufructuary.
 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. If
both do not concur the former shall be
preferred.
 Rules if Grantor’s or Grantee’s Land is Enclosed: (Arts.
652 & 653);

 (a) If the enclosing estate is that of the grantor (seller, barterer or

co-owner but not the donor), the grantee does not pay
indemnity for the easement.

 (b) if the enclosed estate is that of the grantor (seller, barterer, or

co-owner but not the donor), the grantor must pay indemnity.

 (c) If the enclosing estate is that of the DONOR, the donee must
pay the indemnity.

 (d) If the enclosed estate is that of the DONOR, the DONOR shall
not pay.
  PARTY WALL

 This is a wall at the dividing line of estate. Co-

ownership governs the wall, hence the party
wall is necessarily a common wall.
 Party Wall
 The presumption of being a party wall is
rebutted by a title, exterior sign or proof to
the contrary:
a. In dividing walls of adjoining buildings up
to the point of common elevation;
b. In dividing walls of gardens or yards
situated in cities, towns, or in rural
communities; and
c. In fences, walls and live hedges dividing
rural lands.
 Exterior signs negativing the existence of a party
wall
a. Whenever in the dividing wall of buildings there is a
window or opening;

b. 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;

c. Whenever the entire wall is built within the boundaries of

one of the estates;

d. 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;

e. 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;
f. 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; and

g. Whenever lands enclosed by fences or live hedges

adjoin others that are not enclosed.
 In case of conflict between a TITLE
and an EXTERIOR SIGN, the TITLE
PREVAILS!!
 The cost of repairs and construction of party walls
and maintenance of fences, live hedges, ditches, and
drains owned in common, shall be borne by all the
owners of the lands or tenements having the party wall
in their favor, in proportion to the right of each.
Nevertheless, any owner may exempt himself from
contributing to this charge by renouncing his part-
ownership, except when the party wall supports a
building belonging to him. (Art. 662)
 Right to Increase the Height
 A part owner has the right to increase the height
of the wall at his own expense and with the
obligation to pay damages incurred by other part
owners.
 EASEMENT OF LIGHT AND VIEW

 (a) the easement of LIGHT – jus luminum (as in the case of small
windows, not more than 30 cm. square, at the height of the
ceiling joist, the purpose of which is to admit light, and a little
air but VIEW.)

 (b) the easement of VIEW – servidumbre prospectus (as in the

case of full or regular windows overlooking the adjoining
estate. Incidentally, although the principal purpose here is
VIEW, the easement of light is necessarily included, as well as
the easement of altius non tollendi (not to build higher for the
purpose of obstruction)
 Light and View
 Period of prescription

1. If it is through a party wall – from

the time of OPENING of the window;
2. If it is through a wall on the
dominant estate – from the time of
the FORMAL PROHIBITION upon the
proprietor of the adjoining land or
tenement.
 Rules on restricted windows

1. Maximum size – not more than 30 cm. in length

or width;

2. There must be an iron grating imbedded in the

wall;

3. There must be a wire screen;

4. The opening must be at the height of the

ceiling joists or immediately under the ceiling.
 Rules on regular windows

 Windows having direct views – at least 2 meters

distance between the wall having the windows and the
boundary line, measured from the outer line of the wall
when the openings do not project, from the outer line of
the latter when they do.

 Windows having side or oblique views – at least 60

cm. between the boundary line and the nearest edge of
the window, measured from the dividing line between
the two properties.

 Balconies or belvederes overlooking an adjoining

property – at least three meters at the points specified
in Number 3 above.
 Rules With respect to the Planting trees
1. Tall trees – 2 m from boundary line to center of tree;
2. Small trees/shrubs – 50 cm from boundary line to
center of tree or shrub.
 Subjacent and lateral support
1. Subjacent – supported land is above the supporting
land;
2. Lateral – both the land being supported and the
supporting land are on the same plane.
3. No proprietor shall make such excavations upon
his land as to deprive any adjacent land or building
of sufficient lateral or subjacent support.
 What are the Limitations are for?
 The limitations are for the opening or construction of
windows, apertures, balconies and the like. It is not a
limit for the construction of a wall. The owner can
construct a wall in his land up to the boundary or
dividing line but he CANNOT OPEN a window.
Rules Regarding Intrusions or Extensions of Branches
and Roots:

 (a) Branches – adjacent owner has the right to demand that they
be cut off (insofar as they spread over his property).

 (b) Roots – he may cut them off himself (because by accession r

incorporation he has acquired ownership over them.)

 Rules as to fruits:

 (a) if the fruits still hang on to the tree, they are still owned by the
tree owner;

 (b) It is only after they have naturally fallen (not taken down by
poles or shaken) that they belong to the owner of the invaded
land.
  LATERAL AND SUBJACENT SUPPORT

 No proprietor shall make such excavations upon his land as to

deprive any adjacent land or building of sufficient lateral or
subjacent support. (Art. 684)

 The support is lateral when both the land being supported and the
supporting land are on the same plane; when the supported land is
above the supporting land, the support is subjacent.
 An owner of a subdivision can properly impose on its
contracts selling the lots to private owners that the
buyers cannot build factories thereon. In a sense this is
an easement, and makes evident the intent to make the
subdivision a residential. This is a valid contractual
provision which, while it restricts the free use of the land
by the owner is nonetheless not contrary to public
policy. (Trias vs. Araneta, L-20786, October 30, 1965)
 Extinguishment of Easements

1. By merger in the same person of the ownership of the

dominant and servient estates;

2. By non-user for ten years;

3. When either or both of the estates fall into such condition

that the easement cannot be used;

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; and

6. By the redemption agreed upon between the owners of the

dominant and servient estates.
 1. Merger

 Must be absolute, complete and not temporary.

 2. NON-USER for 10 YEARS

 Non-user refers to an easement that has once been used because

one cannot discontinue using what one has never used.
 From what TIME / PERIOD to compute:
 1) If a discontinuous easement (like the right of way) from the
time it ceased to be used;

 2) Is a continuous easement (like aqueduct) from the day on

which an act contrary to the same took place.
  3. Bad Condition of the Tenement or Impossibility of
Use

 This merely suspends the easement since possibility of use

revives the easement.

 4. Expiration of the term or Fulfillment of the Condition

 Easements ceases after the end of the term agreed upon or after
the fulfillment of the condition.
  5. Renunciation by the Owner of the Dominant Estate

 Renunciation must be express, clear and specific. This is

particularly true for discontinuous easements.

 6. Redemption agreed upon;

 This is voluntary redemption, existing because of an express

stipulation.
 The stipulation may provide conditions under which the easement
would be extinguished.
 NUISANCE
 Definition
Any act, omission, establishment,
business, condition of property, or anything
else which:
1. Injures or endangers the health or safety of
others; or
2. Annoys or offends the senses; or
3. Shocks, defies or disregards decency or
morality; or
4. Obstructs or interferes with the free passage of
any public highway or street, or any body of
water; or
5. Hinders or impairs the use of property.
  (1) Injures or endangers the health or safety of others

 Ex. Houses and similar constructions without building permits and

without provisions for the disposal of waste matter, particularly
if constructed near the main water pipelines.

 (2) Annoys or offends the senses

 Ex. Too much horn blowing; a leather factory; garbage cans;

 (3) Shocks, defies or disregards decency or morality

 Ex. A house of prostitution, public exhibition of a naked woman;

  (4) Obstructs or interferes with the free passage of any
public highway or street or any body of water

 Ex. House constructed on public streets; market stalls and

residences constructed on a public plaza.

 (5) Hinders or impairs the use of property.

 Ex. Illegal constructions on another’s land.

 Classifications
 Old Classification
1. Nuisance per se – always a nuisance;
2. Nuisance per accidens – a nuisance only because of
the location or other circumstances.

 According to Relief
1. Actionable
2. Non-actionable

 According to Manner of Relief

1. Those abatable by criminal and civil actions;
2. Those abatable only by civil actions;
3. Those abatable judicially;
4. Those abatable extrajudicially.
 Perez vs. Madrona (668 SCRA 696) (2012)
 Unless a thing is a nuisance per se, it may not be abated
summarily without judicial intervention.
 By its nature, a fence is not injurious to the health or
comfort of the community: Not being a nuisance per se,
but at most nuisance per accidens, its summary
abatement without judicial intervention is unwarranted.
According to the Civil Code
 Public – affects a community or neighborhood or any
considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be
unequal;
 Remedies
1. A prosecution under the Penal Code or any local
ordinance; or
2. A civil action; or
3. Abatement, without judicial proceedings.

 Private – that which is not public.

 Remedies
1. A civil action; or
2. Abatement, without judicial proceedings.
 Attractive Nuisance Doctrine

One who maintains on his estate or premises an

attractive nuisance without exercising due care to
prevent children from playing therewith or
resorting thereto, is liable to a child of tender
years who is injured thereby, even if the child is
technically a trespasser in the premises.

This doctrine does not apply to bodies of water,

artificial or natural, in the absence of some
unusual condition or artificial feature other than
the mere water in its location.
 Effect of Lapse of time

 The action to abate a public or private nuisance is not

extinguished by prescription.
 The district health officer shall take care that one or all of the
remedies against a public nuisance are availed of. (Art. 700)

 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. (Art. 701)

 When a Private Person may sue on Account of a Public Nuisance?

ANSWER: If the public nuisance is specially injurious to himself.

What is the nature of action?

The action may be for injunction, abatement or for damages.

 Requisites for Extrajudicial Abatement of a Public
Nuisance:

 (1) Demand must be first made upon the owner or possessor of

the property to abate the nuisance;

 (2) Demand has been rejected;

 (3) The abatement be approved by the district health officer and

executed with the assistance of the local police; and

 (4) The value of the destruction does not exceed three thousand
pesos.
 PRIVATE NUISANCE

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.
 Land Registration
Abad vs. Guimba (July 29, 2005)

The main purpose of land registration covered by PD

1529, is to facilitate transactions relative to real estate by giving
the public the right to rely upon the face of the Torrens
Certificate of Title. Therefore, as a rule, the purchaser is not
required to explore further than what the certificate indicates
on its face. This, rule, however, applies only to innocent
purchasers for value and in good faith; it excludes a purchaser
who has knowledge of a defect in the title of the vendor, or of
facts sufficient to induce a reasonably prudent man to inquire
into the status of the property. Under Section 32 of PD 1529, an
innocent purchaser for value is deemed to include an innocent
mortgagee for value.
 The law requires a higher degree of prudence from one
who buys from a person who is not the registered owner,
although the land object of the transaction is registered. A
person who deals with registered land through someone who is
not the registered owner is expected to look behind the
certificate of title and examine all the factual circumstances, in
order to determine if the mortgagor or vendor has the capacity
to transfer any interest in the land. Although the instant case
does not involve a sale but only a mortgage, the same rule
applies in as much as the law itself includes a mortgagee in the
term purchaser.
 DIFFERENT MODES OF ACQUIRING OWNERSHIP:
 (a) Original Modes (independent of any pre-existing or
preceding title or right of another):
 a.1. Occupation;
 a.2. Creation of work.

 (b) Derivative Modes (somebody else was the owner

before)
 b.1. Succession;
 b.2. Donation;
 b.3. Prescription;
 b.4. Law.
 OCCUPATION
 It is a mode of through acquiring ownership seizure of
appropriable corporeal personal property without an
owner.
 The personal property that may be seized includes res
nullus such as animals that are the object of fishing and
hunting, hidden treasure and abandoned movables. Real
property CANNOT be acquired through occupation.
 Requisites of OCCUPATION:
 1. The thing must be seized;

 2. The thing seized must be appropriable corporeal

personal property;

 3. The thing must be without an owner – either res

nullus or abandoned;

 4. There must be animus – intent to appropriate; and

 5. Compliance with legal requirements for the specific

property seize must be complied with.
 TRADITION OR DELIVERY
 Ownership is acquired if the object is placed in the
control and possession of the transferee by virtue of a
contract. The delivery may be actual of constructive.
 DONATION
 Definition
An act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another,
who accepts it. It also includes:

1. giving to another a thing or right on account

of the latter’s merits or of the services
rendered by him to the donor, provided they
do not constitute a demandable debt

2. giving to another a thing or right and

imposes upon the donee a burden which is
less than the value of the thing given.
 Requisites
1. Donor must have the capacity to make the
donation;

2. He must have donative intent (animus donandi);

3. There must be delivery; and

4. Donee must accept or consent to the donation

(must be made during the lifetime of the donor and
the donee).
 Perfection takes place not from the time of
acceptance by the donee but from the time
acceptance is made known actually or
constructively, to the donor.
 DONATION DONATION MORTIS CAUSA
INTER VIVOS
takes effect independently of takes effect upon the death of
the donor’s death the donor

title conveyed to the donee title conveyed upon donor’s

before the donor’s death death

valid if donor survives donee void if donor survives donee

generally irrevocable during always revocable

donor’s lifetime

must comply with the must comply with the

formalities required by Articles formalities required by law for
748 and 749 of the CC the execution of wills
 Void Donations
1. Those made between persons who are 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;
and

3. Those made to a public officer or his wife,

descendants and ascendants, by reason of his
office.

4. Those between spouses during their marriage,

or that made to the person of whom the other
spouse is a presumptive heir, except moderate
gifts (Art. 87 of FC).
 Forms of Donations
 Donations of Movable Property
1. With simultaneous delivery of property donated
 Value is P5,000 or less – oral or written;
 Value exceeds P5,000 – written in public or
private document.
2. Without simultaneous delivery – the donation and
acceptance must be written in a public or private
instrument, regardless of value.

 Donations of Immovable Property

1. Must be in a public instrument specifying the property
donated and the burdens assumed by the donee,
regardless of value;
2. Acceptance must be either:
a. in the same instrument; or

b. in another public instrument, notified to the donor in

authentic form, and noted in both deeds.
 Effects of Donations
1. Donee may demand the delivery of the thing donated;

2. Donee is subrogated to the rights of the donor in the

property;

3. In donations propter nuptias, the donor must release the

property from encumbrances, except servitudes;

4. Donor’s warranty exists if:

a. expressed;
b. donation is propter nuptias;
c. donation is onerous;
d. donor is in bad faith.

5. When the donation is made to several donees jointly, they are

entitled to equal portions, without accretion, unless the
contrary is stipulated.
 Acts of Ingratitude

1. Commission by the donee of some offense against the

person, honor or property of the donor, or of his wife or
children under his parental authority;

2. Imputation by the donee to the donor any criminal

offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or act has
been committed against the donee himself, his wife or
children under his authority.

3. Refusal to support the donor.

 Revocation of Donation
GROUNDS PRESCRIP-TION TRANSMISSI- EFFECT OF LIABILITY FOR
OF ACTION BILITY OF REVOCATION FRUITS
ACTION
Birth, appearance Within 4 years Transmitted to Property must be Donee must
or adoption of a from birth of the children and returned or its return the fruits
child 1st child, descendants of value if sold, or accruing from the
legitimation, donor upon his redeem the filing of the
adoption, judicial death mortgage with complaint
declaration of the right to
filiation or receipt recover the
of information of property
existence
Non-compliance Within 4 years Transmitted to Property Donee must
with conditions from non- donor’s heirs returned, return the fruits
compliance against the alienations and received after
donee’s heirs mortgages are non-fulfillment of
void subject to the condition
the rights of 3rd
persons against
the donee
Act of ingratitude Within 1 year Not transmitted to Property to be Donee must
from knowledge heirs of the donor returned; return the fruits
of the act of alienations and accruing from the
ingratitude mortgages before filing of the
notation of complaint
complaint in the
Registry of
Property subsist
 GROUNDS PRESCRIPTION TRANSMISSI- EFFECT OF RIGHTS TO
OF ACTION BILITY OF REDUCTION FRUITS
ACTION
Failure of the Anytime during Not transmissible Donation reduced Donee entitled to
donor to reserve the donor’s to extent the fruits
sufficient means lifetime necessary to
for support provide support
Inofficiousness Within 5 years Transmissible to Donation effective Donee
from donor’s donor’s heirs during the donor’s appropriates fruits
death lifetime subject to
reduction only
upon death with
regard to the
excess
Birth, appearance Anytime during Not transmissible Donation reduced Donee
or adoption of a the lifetime of the to extent appropriates fruits
child donor necessary for not affected by
support reduction; with
regard to the
excess, liable for
fruits accruing
from the filing of
the complaint
Fraud against Within 4 years Transmissible to Property returned Fruits shall be
creditors from perfection of creditors, heirs or for the benefit of returned; if unable
donation or from successors-in- creditors subject to do so, shall
knowledge interest to the right of indemnify the
innocent 3rd donor’s creditors
persons for damages