EASEMENTS OR It is negative when it prohibits the
Hence, the
SERVITUDES
 ARTICLE 613
An easement or servitude is an
encumbrance imposed upon an
immovable for the benefit of another
immovable belonging to a different
owner. The immovable in favor of which
the easement is established is called
the dominant estate; that which is
subject thereto, the servient estate.
 ARTICLE 614
Servitudes may also be established for
the benefit of a community, or of one or
more persons to whom the encumbered
estate does not belong. (531)
POSITIVE & NEGATIVE
EASEMENTS
 COMMENT 112.5
A positive easement is one which
imposes upon the owner of the servient
estate the obligation of allowing
something to be done on his property
(servitutes in patendo).
that determinate person.
owner of the servient estate from doing
something which he could lawfully do if
the easement did not exist (servitutes in
non faciendo).
In positive easement, the right of the
owner to exclude any person from the
enjoyment of his property, which right is
guaranteed in Article 429 of the New
Civil Code, is restricted, in the sense
that he is obliged to allow something to
be done on his property.
An example of a positive easement is
the easement of right of way.
A negative easement, on the other
hand, does not involve any restriction on
the owner’s right to exclude. Instead,
the owner is simply prohibited from
doing something on his property which
he could lawfully do if the easement did
not exist.
An example of a negative easement is
an easement not to build higher (altius
non tollendi).
An easement may not consist, however,
in the right to demand that the servient
owner do something (servitutes in
faciendo). For if it consists in the right to
an act to be done by the owner of the
servient estate, such right is merely in
the nature of a jus in personam against
true reason why a servitude cannot
consist in faciendo is that, if it did, the
right created could not be jus in rem
since the same will not fall over the thing
but on the person.
While Article 616 of the New Civil Code
may seem to allow a servitutes in
faciendo when it says that positive
easement may consist in the servient
owner doing something himself, the
easements in faciendo here are only
those which are considered as
accessory obligations to a praedial
servitude. Whether the easement is a
positive or a negative one, the obligation
imposed upon the servient owner is
always a negative one. In positive
easement, for example, the obligation of
the servient owner is not to interfere in
the use of his property by the holder of
the easement. In negative easement,
on the other hand, the obligation of the
servient owner is to refrain from doing
something on his property.
 ARTICLE 617
Easements are inseparable from the
estate to which they actively or
passively belong. (534)
 ARTICLE 618
Easements are indivisible. If the
servient estate is divided between two
or more persons, the easement is not
modified, and each of them must bear it
on the part which corresponds to him.
If it is the dominant estate that is
divided between two or more persons,
each of them may use the easement in
its entirety, without changing the place
of its use, or making it more
burdensome in any other way. (535)
MODES OF EXTINGUISHMENT
OF EASEMENTS
 ARTICLE 631
(1) By merger in the same person of
the ownership of the dominant and
servient estates;
(2) By non-user for ten years; with
respect to discontinuous easements,
this period shall be computed from the
day on which they ceased to be used;
and, with respect to continuous
easements, from the day on which an
act contrary to the same took place;
(3) When either or both of the estates
fall into such condition that the
easement cannot be used; but it shall
revive if the subsequent condition of
the estates or either of them should
again permit its use, unless when the
use becomes possible, sufficient time
for prescription has elapsed, in
accordance with the provisions of the
preceding number;
(4) By the expiration of the term or the
fulfillment of the condition, if the
easement is temporary or conditional;
(5) By the renunciation of the owner
of the dominant estate;
(6) By the redemption agreed upon
between the owners of the dominant
and servient estates. (546a)
The following may be added:
(7) Annulment or rescission of title
constituting the easement
(8) Termination of the right of the
grantor
(9) Abandonment of servient estate
(10) Eminent domain
EASEMENT OF RIGHT OF WAY
 ARTICLE 649
The owner, or any person who by virtue
of a real right may cultivate or use any
immovable, which is surrounded by
other immovable pertaining to other
persons and without adequate outlet to
a public highway, is entitled to demand
a right of way through the neighboring
estates, after payment of the proper
indemnity. Should this easement be
established in such a manner that its
use may be continuous for all the needs
of the dominant estate, establishing a
permanent passage, the indemnity shall
consist of the value of the land occupied
and the amount of the damage caused
to the servient estate.
In case the right of way is limited to the
necessary passage for the cultivation of
the estate surrounded by others and for
the gathering of its crops through the
servient estate without a permanent
way, the indemnity shall consist in the
payment of the damage caused by such
encumbrance.
This easement is not compulsory if the
isolation of the immovable is due to the
proprietor’s own acts. (564a)
 ARTICLE 655
If the right of way granted to a
surrounded estate ceases to be
necessary because its owner has joined
it to another abutting on a public road,
the owner of the servient estate may
demand that the easement be
extinguished, returning what he may
have received by way of indemnity.
The interest on the indemnity shall be
deemed to be in payment of rent for the
use of the easement.
The same rule shall be applied in case
a new road is opened giving access to
the isolated estate.
In both cases, the public highway must
substantially meet the needs of the
dominant estate in order that the
easement may be extinguished. (568a)
EASEMENT OF LIGHT AND
VIEW
 ARTICLE 668
The period of prescription for the
acquisition of an easement of light and
view shall be counted:
(1) From the time of the opening of the
window, if it is through a party wall; or
(2) From the time of the formal
prohibition upon the proprietor of the
adjoining land or tenement, if the
window is through a wall on the
dominant estate. (n)
 ARTICLE 680
If the branches of any tree should
extend over a neighboring estate,
tenement, garden or yard, the owner of
the latter shall have the right to demand
that they be cut off insofar as they may
spread over his property, and, if it be the
roots of a neighboring tree which should
penetrate into the land of another, the
latter may cut them off himself within his
property. (592)
 ARTICLE 681
Fruits naturally falling upon adjacent
land belong to the owner of said land.
(n)
NUISANCE
 ARTICLE 694
A nuisance is 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.
DOCTRINE OF ATTRACTIVE
NUISANCE
 COMMENT 127.3
“…One who maintains on his premises
dangerous instrumentalities or
appliances of a character likely to attract
children in play, and who fails to
exercise ordinary 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”.
The principal reason for the doctrine is
that the condition or appliance in
question although its danger is apparent
to those of age, is so enticing or alluring
to children of tender years as to induce
them to approach, get on or use it, and
this attractiveness is an implied
invitation to such children.
The doctrine is of American origin and
recognized in this jurisdiction in the case
of Taylor v. Manila Electric.
 Note that Article 712 distinguishes and the same is coupled with the
DIFFERENT MODES OF between modes which are merely for intention to renounce the right
acquisition (e.g., occupation,
ACQUIRING OWNERSHIP intellectual creation and prescription) 2. Alienation: involves voluntary
and modes which are for both
 ARTICLE 712 transfer of the right to another
acquisition and transmission of person; either be onerous or
Ownership is acquired by occupation ownership (e.g., law, donation,
gratuitous
and by intellectual creation. Ownership succession and tradition).
and other real rights over property are Involuntary independent of the
 Original and Derivative Modes will of the owner
acquired and transmitted by law, by
donation, by testate and intestate Original when they result in the 1. Destruction of the thing, either be
succession, and in consequence of independent creation of a new right of physical or juridical as when the
certain contracts, by tradition. ownership, when their effect, is thing goes out of commerce
independent of the ownership of a
They may also be acquired by means of
definite third person. (Occupation, law, 2. Revocatory acts including nuliity,
prescription. (609a)
intellectual creation and acquisitive rescission, revocation or resolution
 Modes of Acquisition of prescription) which gives rise to acquisition
Ownership and Real Rights
Derivative depends on the
existence of the right of a certain other 3. extinguishment by legal precept and
1. Occupation in virtue of certain acts, by the owner
person called the auctor. (Tradition,
2. Intellectual creation or third persons (e.g., accession and
succession, donation)
3. Law acquisitive prescription)
4. Donation  Loss of Ownership (Modes of
5. Succession Losing Ownership & other real 4. extinguishment by judicial decree,
6. Tradition rights such as confirmation of a judicial
7. Prescription sale as a result of levy on execution
Voluntary depends upon the will
Other real rights are acquired of the owner 5. extinguishment by act of the State,
through: such as confiscation of the effects
1. Abandonment: unilateral act of the and instruments of a crime and
1. Law holder of the right which does not expropriation for public use
2. Donation require its acceptance; it requires,
3. Succession for validity, that the one renouncing
4. Tradition it must have legal capacity to do so
5. Prescription
 Law as Mode: refers to those
special legal provisions which
directly vest ownership or real rights
in favor of certain persons,
independently of the other modes of
acquiring and transmitting
ownership or other real rights.
 Mode & Title, distinguished
Creates real right Creates merely the thing is transferred from hand to
a personal right hand and,
if immovable, by certain material
 Tradition or Delivery: refers to the and possessory acts by the grantee
transfer of possession accompanied in the presence and with the
by an intention to transfer ownership consent of the grantor, such as
or other real rights. gathering fruits or entering upon the
property which are generally called
Requisites of Tradition taking possession.

Mode: legal means by which dominion 1. Pre-existence of the right to be 2. Constructive/Feigned:

or ownership is created, transferred or transmitted in the estate of the
destroyed grantor, the same being a derivative Delivery is represented by other signs or
mode of acquiring ownership acts indicative thereof; change of
Title: only the legal basis by which to possession may not be actual or
affect dominion or ownership 2. Just cause or title for the material
transmission
Mode Title This delivery takes place through the
requires not only the requires mere 3. Intention on the part of the grantor to following ways:
intention to acquire intention. grant and on the part of the grantee
but also either a right to acquire a. Traditio Simbolica: effected by the
previously vested delivery of symbols or things which
over the thing on the 4. Capacity to transmit (on the part of represent those to be delivered.
part of the person who the grantor) and capacity to acquire Example: delivery of keys
makes the (on the part of the grantee)
transmission or the
special condition or b. Traditio Longa Manu: effected by
5. An act which gives it outward form, the grantor by simply pointing out to
state of the thing to be
transferred as the fact physically, symbolically or legally the grantee the things which are
that they are res being transferred and which at the
nullius Kinds of Tradition time must be within their sight

Directly and Merely serves 1. Real/Physical/Actual Delivery: c. Traditio Brevi Manu: the grantee
immediately produces as a means and has already acquired actual control
a real right a pretext to that It takes place when the thing is placed or possession of the thing, as when
acquisition in the control and possession of the the thing is leased to him. In this
It is the cause It is the means grantee, which if it is movable, is when case, a mere declaration on the part
 of the grantor that the grantee shall
now hold the thing which is already
in his control and possession, as
owner, operates as a form of
delivery.
d. Traditio constitutum
possessorium: effected by a mere
declaration on the part of the
transferor that he will hold the thing
for the transferee. This, of course,
may take place when the owner of
the thing alienates it but continues
possessing it under another contract
or capacity, as lessee for example.
e. Execution of Public Instrument:
recognized by law as equivalent to
the delivery of the thing which is the
object of the contract.
This gives rise only to a prima facie
presumption of delivery. Such
presumption is destroyed when the
instrument itself expresses or
implies that delivery was not
intended; or when by other means it
is shown that such delivery was not
effected because a 3rd person was
actually in possession of the thing.
3. Quasi-Tradition:
It is used to indicate the transfer of rights
or incorporeal things through the
exercise of the rights by the grantee with
the acquiescence of the grantor
4. By operation of law
It comprises all those cases not covered
by the previous modes of delivery and
by which tradition is effected solely by
virtue of a legal precept.
OCCUPATION
 ARTICLE 713
Things appropriable by nature which
are without an owner, such as animals
that are the object of hunting and
fishing, hidden treasure and abandoned
movables, are acquired by occupation.
(610)
 ARTICLE 714
The ownership of a piece of land cannot
be acquired by occupation. (n)
 ARTICLE 719
Whoever finds a movable, which is not
treasure, must return it to its previous
possessor. If the latter is unknown, the
finder shall immediately deposit it with
the mayor of the city or municipality
where the finding has taken place.
The finding shall be publicly announced
by the mayor for two consecutive weeks
in the way he deems best.
If the movable cannot be kept without
deterioration, or without expenses
which considerably diminish its value, it
shall be sold at public auction eight days
after the publication.
Six months from the publication having
elapsed without the owner having
appeared, the thing found, or its value,
shall be awarded to the finder. The
finder and the owner shall be obliged, as
the case may be, to reimburse the
expenses. (615a)
 ARTICLE 720
If the owner should appear in time, he
shall be obliged to pay, as a reward to
the finder, one-tenth of the sum or of the
price of the thing found. (616a)
OCCUPATION
 COMMENT 133.1
Occupation is a mode of acquiring
ownership by the seizure or
apprehension of things corporeal which
have no owner with the intention of
acquiring them and according to the
rules laid down by law.
It consists in taking possession of a
thing over which no one has a
proprietary right. The rule of the law is
res nullius cedit occupant

Conditions/Requisites in Occupation
1. The thing must be a res nullius
2. It must be appropriable by nature or
one that can be seized or
apprehended or it must be corporeal
3. It must be brought into the actual
possession or control of the one
professing to acquire it
4. The person must acquire it with the
intention of acquiring ownership
 ARTICLE 723
Letters and other private
communications in writing are owned by
the person to whom they are addressed
and delivered, but they cannot be
published or disseminated without the
consent of the writer or his heirs.
However, the court may authorize their
publication or dissemination if the public
good or the interest of justice so
requires.
Intellectual property refers to
creations of the mind: inventions,
literary and artistic works, and symbols,
names, images, and designs used in
commerce.
OWNERSHIP OF LETTERS
 COMMENT 134.3
With respect to the ownership of letters
and other private communications in
writing, a distinction must be made
between the material or physical object
(the letter itself) and the ideas or
thoughts contained in the letter (its
contents).
The former is owned by the person to
whom it is addressed and delivered (the
recipient) but the latter is owned by the
author or writer (the sender).
As a consequence, while the recipient
may have the control and possession of
the physical letter itself by virtue of his
ownership of the same, the author’s
consent is required in cases of
publication or dissemination of the
letter.
In addition, the copyright also belongs to
the author or writer (the sender). If the
author’s consent is not obtained in the
publication and dissemination of the
contents of the letter, the latter may
seek injunctive relief from the courts, in
addition to his right to recover damages.
However, if the public good or the
interest of justice so requires, the court
may authorize the publication or
dissemination of a letter or other private
communications.
 ARTICLE 725
Donation is an act of liberality whereby
a person disposes gratuitously of a
thing or right in favor of another, who
accepts it. (618a)
Elements of Donation
1. Essential reduction of the patrimony
of the donor
2. Increase in the patrimony of the
donee
3. Intent to do an act of liberality or
animus donandi
Classifications of Donation
1. Mortis causa
If the donation is made in contemplation
of the donor’s death, meaning that the
full or naked ownership of the donated
properties will pass to the donee only
because of the donor’s death, then it is
at that time that the donation takes
effect, and it is a donation mortis causa
which should be embodied in a last will
and testament.
2. Inter vivos
If the donation takes effect during the
donor’s lifetime or independently of the
donor’s death, meaning that the full or
naked ownership (nuda proprietas) of
the donated properties passes to the
donee during the donor’s lifetime, not by
reason of his death but because of the
deed of donation, then the donation is
inter vivos.
Inter vivos may be classified according
to purpose/cause:
a. Pure/Simple [the cause is plain
gratuity or pure liberality]
b. Remuneratory/Compensatory
[one made for the purpose of
rewarding the done for past services
which do not amount to a
demandable debt]
c. Conditional/Modal [donation is
made in consideration of future
services]
d. Onerous [one which imposes upon
the done a reciprocal obligation]
 ARTICLE 727
Illegal or impossible conditions in simple
and remuneratory donations shall be
considered as not imposed.
 ARTICLE 734
The donation is perfected from the
moment the donor knows of the
acceptance by the donee.
Additional explanation:
Like any other contract, donation also
follows the theory of cognition. Thus,
Article 734 of the New Civil Code
provides that “the donation is perfected
from the moment the donor knows of the
acceptance by the donee.”
Before notice of the acceptance,
therefore, the offerer (donor) is not
bound and may withdraw the offer of
donation. Such revocation will have the
effect of preventing the perfection of the
donation, although it may not be known
to the offeree (donee). The power to
revoke is implied in the criterion that no
donation exists until the acceptance is
known. As the tie or bond springs from
the meeting or concurrence of the
minds, since up to that moment, there
exists only a unilateral act, it is evident
that he who takes it must have the
power to revoke it by withdrawing his
proposition.
In the same manner, the acceptance
made by the offeree (donee) may be
revoked before it comes to the
knowledge of the offeror (donor). Since
donation is also a contract, the
pronouncement by the Court in Jardine
Davies, Inc. v. Court of Appeals,122
may also be applied: “For a contract to
arise, the acceptance must be made
known to the offeror. Accordingly, the
acceptance can be withdrawn or
revoked before it is made known to the
offeror.”
 ARTICLE 748
The donation of a movable may be
made orally or in writing.
An oral donation requires the
simultaneous delivery of the thing or of
the document representing the right
donated.
If the value of the personal property
donated exceeds Five thousand pesos,
the donation and the acceptance shall
be made in writing. Otherwise, the
donation shall be void. (632a)
 ARTICLE 749
In order that the donation of an
immovable may be valid, it must be
made in a public document, specifying
therein the property donated and the
value of the charges which the donee
must satisfy.
The acceptance may be made in the
same deed of donation or in a separate
public document, but it shall not take
effect unless it is done during the
lifetime of the donor.

If the acceptance is made in a separate

instrument, the donor shall be notified
thereof in an authentic form, and this
step shall be noted in both instruments.
(633)

 ARTICLE 760

Every donation inter vivos, made by a

person having no children or
descendants, legitimate or legitimated
by subsequent marriage, or illegitimate,
may be revoked or reduced as provided
in the next article, by the happening of
any of these events:

(1) If the donor, after the donation,

should have legitimate or legitimated or
illegitimate children, even though they
be posthumous;

(2) If the child of the donor, whom the

latter believed to be dead when he
made the donation, should turn out to be
living;

(3) If the donor should subsequently

adopt a minor child. (644a)