PROPERTY Professor E.

Chapter III: Right of Accession

Page 1 of 10 28 July 2009

A. Concept
Art 440 The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. Definition of Accession  TOLENTINO: Right by virtue of which the owner of a thing becomes the owner of everything that the thing may produce or which may be inseparably united or incorporated thereto, either naturally or principally.  JBL REYES: Extension of ownership over a thing to whatever is incorporated thereto naturally or artificially (without or with labor of man) o Incorporation means a stable union or adherence, not mere juxtaposition o Accession is one of the bundle of rights of ownership and is not a mode of acquiring property o It does not depend upon a new title

B. General Principles of Accession
1. Applicable to both accession discreta and accession continua a. Accessory follows the principal (accesio cedit principal)  Owner of the principal acquires or extends his ownership over the accessory  Art 437 Owner of a parcel of land is the owner of its surface and of everything under it  Art 446 Owner of a parcel of land is the owner of its surface and of everything under it b. No one shall be unjustly enriched at the expense of another Applicable to accession continua alone a. Whatever is built, planted or sown on the land of another and the improvement or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles (Art 445) b. All works, sowing, planting are presumed made by owner and at his expense, unless contrary is proved c. Accessory incorporated to principal such that it cannot be separated without injury to work constructed or destruction to plantings, construction or works (Art 447) d. Bad faith involves liability for damages and other dire consequences e. Bad faith of one party neutralizes bad faith of the other  Art 453 If there was BF, not only on the part of the person who BPS, but also on the part of owner, rights of one and the other shall be the same as though both had acted in good faith. Applicable to accession discreta alone a. Ownership of fruits – to owner of principal thing belongs the natural, industrial and civil fruits (Art 441 ) EXCEPTIONS: i. Possession in good faith (to the possessor) ii. In usufruct (to the usufructuary) iii. In lease (to the lessee) iv. In antichresis (to the creditor)



C. Obligations of receiver of fruits to pay expenses by 3rd persons in production, gathering and preservation
Art 443 He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering and preservation.

D. Kinds of Accession
1. Accession Discreta (Fruits) Art 440 The ownership of property gives the right by accession to everything which is produced thereby…


Consolidated by Karichi Santos tutubi2b | uplawb2012

Industrial  Art 442 are those produced by lands of any kind through cultivation or labor  Fruits that implies some kind of cultivation or labor (e. Massachusetts rule = stock dividend is not an income but merely represents an addition to the investment capital The Massachusetts rule regards cash dividends. as capital. The 54. 2 3 Camille Maranan According to my legal dictionary. a remainder is a future estate and a remainderman is the inchoate possessor of that future estate tutubi2b | uplawb2012 . is based upon the earnings of the company.. the 108. o The estate of E.000 shares of stock are part of the property in usufruct. Civil  Art 442 are the rents of buildings. Mary (the widow). is fruit or income and therefore belonged to her as usufructuary or life tenant. however made. ISSUE: Whether the stock dividend can be considered as a fruit/income (which belongs to the usufructuary) or part of the capital (part of the corpus of the estate which will be delivered together with the rest of the future estate to the remainderman)? HELD: The stock dividend is a form of income. received from the latter 54. although declared in stock. usufruct. She claimed that said dividend. M. o Sophie Seifert and Elisa Elianoff. as owner of 108. unless there is some special reason for a contrary solution GENERAL RULE: Fruits go to the owner of the principal. 1948. The SC cited Hite vs. petitioned the lower court to authorize the Peoples Bank and Trust Company (the administrator of the estate of E. as income. annuities)  Rents of land. two US rulings figured in this case: 1. Also. whether called by one name or another.g.000 shares of stock dividend are civil fruits of the original investment.. opposed said petition on the ground that the stock dividend in question was not income but formed part of the capital and therefore belonged not to the usufructuary but to the remainderman3. legal heirs of the deceased. it is in reality.g. It holds that a stock dividend is not in any true sense any dividend at all since it involves no division or severance from the corporate assets of the subject of the dividend. but merely represents an addition to the invested capital. Seifer and Elianoff appealed.000 shares representing 50% stock dividend on the said 108. to the exclusion of his brothers. zacate grass fed to horses)  Products of the soil as a result of human labor c. The will further provided that upon the death of Mary McDonald Bachrach. o The lower court granted Mary’s petition and overruled S&E’s objection. This rule supports Seifert and Elianoff’s contention that a stock dividend is not an income (unlike a cash dividend). o June 10.000 shares of stock of the Atok-Big Wedge Mining Co. as usufructuary or life tenant of the estate.000 shares of stock dividend. In the present case. and certain kinds of incomes obtained from the land or building itself BACHRACH v SEIFERT (1950. Ozaeta)2 o In his will. the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income  Periodical (reiterable) increase of incorporeal property due to operation of law (rents. however large. wild herbs in the mountains dedicated to pasturage) b. Bachrach) to transfer to her the said 54. Bachrach. the income of the capital invested in it. M. Hite wherein the Court of Appeals of Kentucky.Page 2 of 10     Extension of the right of ownership to the products of a thing Based on principles of justice: It is only just that the owner of a thing should also own whatever it produces. lease. Natural fruits  Art 442 the spontaneous products of the soil and the young and other products of animals  Those products of the soil in whose generation human labor does not intervene (e. Inc. and stock dividends. buildings. held that "where a dividend. one-half of all his estate shall be divided among his legal heirs. unless otherwise provided by law or contract EXCEPTIONS: possession in good faith. although paid out in the form of stock.000 shares. the deceased Emil Maurice Bachrach named his wife (Mary McDonald Bachrach) as usufructuary of the remainder of his estate. antichresis Art 441 To the owner belongs: a.

change of river bed. BACHRACH v TALISAY SILAY (1931. should be delivered to the usufructuary (the widow). All parties later agreed to respect Cesar’s credit and absolved him from the complaint and ordered delivery to him of P7500  Trial court ruled in favor of Bachrach. The Pennsylvania rule declares that all earnings of the corporation made prior to the death of the testatorstockholder belong to the corpus of the estate. It also prayed for accounting of whatever the central owed to Mariano by way of bonus. 4 Doms Obias tutubi2b | uplawb2012 . confusion)  Based on necessity and utility: It being more practical that the owner of the principal thing should own the new things instead of a co-ownership being established. DISPOSITIVE: Order affirmed. awarding it P11. dividend. it went after Talisay (original complaint). Hence this appeal Issues: W/N the bonus was a civil fruit which formed part of the mortgaged land – NO Held and Ratio: NO. formation of islands and BPS) or to movables (conjunction/adjunction. the Pennsylvania rule is more in accord with Philippine statutory laws than the Massachusetts rule since under section 16 of the Corporation Law. Thus. Accession Continua Art 440 The ownership of property gives the right by accession to everything which is produced thereby…  Acquisition of ownership over a thing incorporated to that which belongs to the owner  May refer to immovables (alluvion. BAchrach contested this  Talisay prayed for the absolution of 7500 of the credit as it belonged to Cesar Ledesma as buyer in good faith. industrial. represents surplus profits. The payment to be made as soon as the central was freed of its debts  Mariano sold his land to Cesar Ledesma for P7500  Bachrach on the other hand was a creditor of Mariano Ledesma. she has the right over such income. [the] bonus bears no immediate but only a remote and accidental relation to the land. In My Understanding: The widow is saying that the stock dividend should be transferred to her account since this form part of the income of the estate and since she is the usufructuary. to compensate the planters for mortgaging their property. Romualdez)4 Plaintiff-appellee: Bachrach Motor Co. undertook to credit the owners of the plantation… every year with a sum equal to 2% of the debt secured accdg to the yearly balance. The central granted it as compensation for the risk that the landowners entered in mortgaging their lands. To secure the loan. it must be obtained from the land. force of river. commixtion. praying for the delivery of P13850 Talisay owed to Mariano as bonus stated in the first paragraph. as part of the income of the usufruct. Therefore. Inc. Talisay-Silay was indebted to PNB. specification. Any dividend. and income from perpetual of life annuities or other similar sources of revenue. it comes from the assumption of risk. and civil fruits of the property in usufruct. and that all earnings. should be transferred to Mary since Article 471 of the Civil Code (now Art. the stock dividend. 566)provides that the usufructuary shall be entitled to receive all the natural.. The court held that stock dividends form part of the income and therefore.. Defendants-appellees: Talisay-Silay Milling Co. when declared as dividends in whatever form. etc. If the bonus was an income of any kind. made during the lifetime of the usufructuary or life tenant are income and belong to the usufructuary or life tenant. proceeds from leases of lands. no corporation may make or declare any dividend except from the surplus profits arising from its business. The bonus in question was neither rent of a building nor land. According to our SC.Page 3 of 10 2. This rule supports Mary Bachrach's contention. Disposition: Judgment affirmed 2. The central. the legal heirs/ remainderman (or men) are contending that the stock dividend is part of the capital and should be delivered to them (together with the rest of the estate upon Mary’s death). as well as the nullification of the sale made to Cesar Ledesma  PNB filed third party claim alleging a preferential right over Mariano’s credit owed by Talisay as part of the civil fruits of the land mortgaged to the bank. et al. or any instrument of credit.076. whether cash or stock. For it to come under the coverage of income. In this case however. Intervenor-appellant: Philippine National Bank Facts:  22 Dec 1923.02 of Mariano’s bonus from Talisay. and not from the land itself. Art 355 of the old Civil Code (Art 442 of the current Civil Code) considers three things as civil fruits: rents of buildings. it is distinct and independent from the property referred to in the mortgage to the bank. Talisay induced its planters one of whom was Mariano Lacson Ledesma to mortgage their land. therefore. On the other hand. When Mariano could no longer pay Bachrach.

5 6 Phoebe Hidalgo Obet Bunagan tutubi2b | uplawb2012 .212 to which he is entitled has not yet been paid to him. In this case. plaintiff instituted a case against Bataclan in the Court of First Instance of Cavite. at the instance of the plaintiff and without objection on the part of the defendant. Thereafter.212. either to sell the land to the defendant or to buy the improvements from him. BPS builds.642. The court thereafter made some modifications by allowing the defendant to recover compensation amounting to P2. BPS on another’s land using own materials  BPS in good faith  BPS in bad faith OPTIONS OPEN TO OWNER OF LAND: 1. the lower court under Judge Alfonso Felix. Laurel)5 FACTS: Plaintiff Vicente Bernardo acquired a parcel of land from Pastor Samonte thru a contract of sale. the court below. plants. rendered judgment holding Hilario and Dres as the legal owners of the whole property but conceding to the Ignacios the ownership of the houses and granaries built by them on the residential portion with the rights of a possessor in good faith. plaintiff was declared the owner of the land but the defendant was held to be a possessor in good faith. 1934. On January 9. 1934. on April 24. the plaintiff conveyed to the court his desire "to require the defendant to pay him the value of the land at the rate of P200 per hectare or a total price of P18. After the trial of the case. It appears that he has been authorized by former owners. in accordance with article 361 of the Civil Code. Moran)6 Facts: Elias Hilario and his wife Dionisia Dres filed a complaint against Damian. entitled to reimbursement in the total sum of P1. Bernardo instituted a case against said vendor to secure possession of the land. 1935 to Toribio Teodoro for P8. IGNACIO v HILARIO (1946.212 and by reducing the price at which the plaintiff could require the defendant to purchase the land in question from P300 down to P200 per hectare. ordered the sale of the land in question at public auction. While the said argument is legally tenable.000. 1934. To sell BP and to lease land S RIGHTS OF BPS IN BAD FAITH 1. Thus. To acquire building. for work done and improvements made. as we have already said. in the said premises. as far back as 1922." The defendant indicated that he was unable to pay the land and. The defendant avers that “he is a possessor in good faith and that the amount of P2.Page 4 of 10 a. partly rice-land and partly residential. Bernardo was able to obtain a favorable decision from the court. ISSUE: WON DEFENDANT BATACLAN IS STILL ENTITLED TO RECOVER THE COURT MANDATED COMPENSATION ARISING FROM THE SALE OF THE PROPERTY TO TORIBIO HELD: NO. Over Immovables 1) Artificial or Industrial – BPS ii. Subsequently. Plaintiff was likewise given 30 days from the date when the decision became final to exercise his option. Landowner in BF but BPS in good faith rd 2. to clear the land and make improvements thereon. on January 24.” Defendant further claims that he has a right to retain the land in accordance with the provisions of article 453 of the Civil Code. sows on another’s land with materials owned by 3 person Art 456: Good faith does not exclude negligence BERNARDO v BATACLAN (1938. Catalino Bataclan. The plaintiff found the defendant herein. requires no more than that the owner of the land should choose between indemnifying the owner of the improvements or requiring the latter to pay for the land”. Owner is BPS using materials of another (Art 447)  Good faith  Bad faith iii. an order was issued giving the plaintiff 30 days within which to pay the defendant the sum of P2. the same must perforce be denied because defendant Bataclan has lost his right of retention as he failed to pay for the land. The land was sold on April 5. planting and sowing 2. Both parties appealed the decision. “The law.000 for the whole tract of land. Francisco and Luis Ignacio concerning the ownership of a parcel of land.

all these periods to be counted from the date the judgment becomes executory or unappealable. the other party fails to pay for the same. for how much." 2. and. the motion was granted by Judge Natividad. Order amends judgment substantially and thus null and void The order of Judge Natividad compelling the Ignacios to remove their buildings from the land belonging to Hilario and Dres only because the latter chose neither to pay for such buildings nor to sell the land. Original decision did not become final as it failed to determine the value of the buildings and of the lot. or sell to them the residential lot for P45. these particulars having been left for determination apparently after the judgment has become final. is entitled to retain the possession of the land until he is paid the value of his building. Option of the landowner to pay for the building or sell his land to the owner of the building. Felipe Natividad). After such hearing. for after the judgment has become final. it having left matters to be settled for its completion in a subsequent proceeding. under article 361. with costs against Hilarion and Dres. Article 453 provides that “Necessary expenses shall be refunded to every possessor. Useful expenses shall be refunded to the possessor in good faith with the same right of retention. Article 361 provides that “The owner of land on which anything has been built. He is entitled to such remotion only when. or to oblige the one who built or planted to pay the price of the land. the sheriff being ignorant as to how.000 for the buildings. sown or planted in good faith. Right of retention of builder in good faith The owner of the building erected in good faith on a land owned by another. sowing or planting. upon the other hand. 4. as well as the period of time within which Hilario and Dres may exercise their option either to pay for the buildings or to sell their land. and within what time may the option be exercised. the judgment rendered by Judge Felix has never become final. shall have the right to appropriate as his own the work. but only the possessor in good faith may retain the thing until such expenses are made good to him. Thus. Hence. has the option. 3.Page 5 of 10 Subsequently. And execution cannot be had. the court shall render a final judgment according to the evidence presented by the parties. is null and void.” He cannot however refuse both to pay for the building and to sell the land and compel the owner of the building to remove it from the land where it is erected. or (c) a rehearing of the case for a determination of the rights of the parties upon failure of extra-judicial settlement. and certainty no authority is vested in him to settle these matters which involve exercise of judicial discretion. Hilario and Dres prayed for an order of execution alleging that since they chose neither to pay the Ignacios for the buildings nor to sell to them the residential lot. The procedure is erroneous. SARMIENTO v AGANA ()7 DEPRA v DUMLAO ()8 TECHNOGAS PHILS v CA ()9 Grace Lazaro Aris Mascenon 9 Vams Villar 7 8 tutubi2b | uplawb2012 . 1. The Supreme Court set aside the writ of execution issued by Judge Natividad and ordered the lower court to hold a hearing in the principal case wherein it must determine the prices of the buildings and of the residential lot where they are erected. (b) an order to compel Hilario and Dres to pay them the sum of P2. in a motion filed in the same CFI (now handled by respondent Judge Hon. the person who has defeated him in the possession having the option of refunding the amount of the expenses or paying the increase in value which the thing may have acquired in consequence thereof. but it failed to determine the value of the buildings and of the lot where they are erected as well as the periods of time within which the option may be exercised and payment should be made. matters which remained unsettled up to the time the petition is filed in the present case. the proper rent. for it amends substantially the judgment sought to be executed and is. in the last instance. the Ignacios should be ordered to remove the structure at their own expense and to restore Hilario and Dres in the possession of said lot. under article 453. and the one who sowed. Right of remotion only available if he chose the latter and the owner of the building cannot pay The owner of the land. the period of time within which the Ignacios may pay for the land. after having chosen to sell his land. and the time to which the option may be exercised In the decision of Judge Felix. no additions can be made thereto and nothing can be done therewith except its execution. After hearing. either to pay for the building or to sell his land to the owner of the building. after the payment of the indemnity stated in articles 453 and 454. the petition for certiorari was filed by the Ignacios praying for (a) a restraint and annulment of the order of execution issued by Judge Natividad. the rights of both parties were well defined under articles 361 and 453 of the Civil Code. furthermore. offensive to articles 361 and 453 of the Civil Code.

 Before possession is legally interrupted. If petitioner was not found to be the winner. The erroneous delivery was due to the fault of CTTEI and thus imputable to Pleasantville. CTTEI’s employee. Ortiz’s ward located in Barrio Cabuluan. Lot 9 was vacant. RTC: Kee is a builder in bad faith. as he was unaware of the “mix-up” when he began construction of the improvements.Page 6 of 10 ORTIZ v KAYANAN (1979. Antonio)10 Facts: Homestead Application Lot belonged to Dolorico II.  Dolorico II named as successor and heir his uncle Dolorico. GEMINIANO v CA ()11 PLEASANTVILLE DEV’T CORP v CA ()12 FACTS  Edith Robillo purchased a parcel of land. ISSUE: W/N Kee is a builder in good faith? YES HELD/RATIO:  The roots of the controversy can be traced in the errors committed by CTTEI when it pointed the wrong lot to Kee. Thereafter. on his state of mind at the time he built the improvements on Lot 9.  Upon completing all payments and securing a TCT in his name. was the one who mistakenly pointed out Lot 9 (instead of Lot 8) to Kee’s wife.  At the time he built the improvements on Lot 9. Kee built his residence. Pleasantville failed to prove otherwise. who had taken possession thereof.  Jardinico confronted Kee after discovering that the latter was occupying Lot 9.  All this time Ortiz was in possession and cultivation of the property.632.  Court found Ortiz to be in good faith. Issue: WON petitioner is entitled to fruits while Comintan and Zamora have yet to pay the indemnity due petitioner. the principal. Bacolod City. a store.  Under the Contract to Sell. Jardinico discovered that improvements had been introduced on Lot 9 by Wilson Kee. and other improvements on the lot.000. Comintan and Zamora are to reimburse him for P13. These alleged violations may give rise Mark Yam Krissy Conti 12 Nessa Abad 10 11 tutubi2b | uplawb2012 . He was not aware that the lot delivered to him was not Lot 8. Ortiz collected tolls on portions of the land even if he had not introduced any improvements on said portions estimated to amount to P25.  Dolorico relinquished rights over property in favour of Comintan and Zamora. And as good faith is presumed. from Pleasantville Dev’t Corporation in Pleasantville Subdivision. Decision: NO. CA: Kee was a builder in good faith. the real estate agent of Pleasantville. Pleasantville has the burden of proving bad faith on the part of Kee. Kee refused to vacate.  CA affirmed RTC  Respondent Judge discovered that after the decision of the lower courts.  It appears that Kee bought on installment Lot 8 from CT Torres Enterprises Inc (CTTEI).  Violation of the Contract of Sale on Installment may not be the basis to negate the presumption that Kee was a builder in good faith.632 has yet to be paid. Kee could and did possess the lot even before the completion of payments. therefore he really has no right to said fruits. hence Jardinico filed an ejectment suit with damages. but held the public bidding to be valid. he was nonetheless guilty of unlawfully usurping the possessory right of Jardinico over Lot 9 from the time he was served with notice to vacate said lot.  Petitioner contends that he is entitled to the fruits of the property while the P13. this being considered as civil fruits. Eldred Jardinico bought the rights to the lot from Robillo. This is known as a right to retention. Calauag. Assuming arguendo that Kee was acting in good faith. that is. This right ceases upon defects being known.  Zenaida Octaviano. for the creditor to obtain payment of a debt.  Good faith consists in the belief of the builder that the land he is building on is his and he is ignorant of any defect or flaw in his title. possessor in good faith is entitled to fruits. Lot 9. then died. Such violations have no bearing whatsoever on whether Kee was a builder in good faith. an auto repair shop. and was thus liable for rental. Kee believed that the said lot was the one he bought. At that time. Ortiz is to retain possession until the amount is paid.  Also we must consider that tolls were collected from portions with no improvements of petitioner. Quezon i.

Thus. Alluvium REPUBLIC v CA ()16 GRANDE v CA (1962. Pecson already received P300.  Art. Case 2: Nuguids sought delivery of possession of the lot and apartment building. 1997 (@ P28K/mo.  SC: Sps. 15. Nuguid sought appropriation.)14 SPOUSES NUQUID v CA (2005. they want to acquire the building.34 million for rentals from Nov. he cannot be compelled to pay rentals during the period of retention nor be disturbed in his possession by ordering him to vacate. FELICES v IRIOLE ()13 Sorry I can’t find the case online  SPOUSES NUQUID v CA (1993. HELD:  Pecson is a builder in good faith. NCC entitles the BPS to full reimbursement for all the necessary and useful expenses. and later to the Sps. Barrera)17 Facts: Chi Santos Jessa Alvarez 15 Rory Lambino 16 Victor Villanueva 17 Angel Paglicawan 13 14 tutubi2b | uplawb2012 . Pecson entitled to retain ownership of the building and the income therefrom. petition. 4. and the right of retention until full reimbursement is made. Art. Case 1: Pecson challenged the validity of the auction sale.00 construction cost) and in also ordering Pecson to account for rent. 2.000 from Sps. Nuguid to also pay P1. The landowner is prohibited from offsetting or compensating the necessary and useful expenses with the fruits received by the BPS in good faith. CA erred in upholding TC’s determination of indemnity (P53. Remanded to TC for determination of CMV.000 paid thereafter. 1993): 1.Page 7 of 10 to petitioner’s cause of action against Kee under the said contract (contractual breach) but may not be bases to negate the presumption that Kee was a builder in good faith.  However.000. TC directed Sps. balance of P100. 2) Natural a. 5.e. He failed to pay realty taxes.  SC (Nov. so the LOT was sold at public auction to Mamerto Nepomuceno.  Art. Nuguid. 546. Juan and Erlinda Nuguid.) Thus. 3. 1993). the BPS (Pecson) has a RIGHT of RETENTION (which includes the right to the expenses and the right to the fruits) as a builder in good faith.. ISSUE: W/N the spouses should pay rent collected during period of Pecson’s dispossession of the building? YES. DISPOSITIVE: TC decision reinstated. Nuguid is the landowner. Current market value of the building should be the basis of the indemnity. 448. 448.)15 FACTS:  Pedro Pecson owned a commercial lot in Kamias and built a four-door two-storey apartment building. NCC: Case is apposite as when the landowner is the BPS who then later loses ownership through sale. while Pecson still owned the building (May 5. 1993 to Dec. i. Case 3 (Case at bar): CMV = P400.000. until the payment of indemnity is full. NCC entitles landowner (Nuguid) to either appropriate the building upon payment of indemnity or sell the land. Nuguid owned the lot.

in whose name the land is registered.5032 hectares. located at barrio Ragan.)19 c. its northeastern boundary was the Cagayan River. e. the land must be placed under the operation of the registration laws wherein certain judicial procedures must be observed. - Issue: - Held and Ratio: NO.)18 b. The action to claim land by the owners which is registered is imprescriptible. WON the accretion becomes automatically registered land just because the lot which receives it is covered by a Torrens title thereby making said land imprescriptible. by accession the land in question pertains to the original estate. the bank thereof had receded t a distance of about 105 meters from its original site. MENESES (1995.964 sq. The prescriptive period in this applied in this case is 10 years and not 30 since the law applicable is Act 190 and not the Civil Code. and an alluvial deposite of 19. The accretion does not ipso facto become registered like the land to which it is attached.)20 BINALAY v MANALO (1995. The Court of Appeals have acquired evidence that respondent Calalungs were in open and continuous possession of the accretion since 1933 or 1934 up to the time the action against them was filed. Since then. Change of course of river BAES v CA (1995. Avulsion NAVARRO v IAC (1997. Because of this. and since the original estate is registered. the Court of Appeals reversed the ruling of the trial court thus this appeal by the Grandes. Dispositive: Decision of the Court of Appeals affirmed. Upon appeal. a gradual accretion on the northeastern side took place. The trial court ruled in favor of the Grandes ratiocinating that. so much. Respondents’ possession started in 1933 or 1934 when the pertinent articles of the old Civil Code were not yet in force. by action of the said river. 1958. Ownership is governed by the civil code while the imprescriptibility of registered land is governed by the Land Registration and Cadastral Acts. Magsaysay (formerly Tumauini). To obtain the protection of imprescriptibility. 25. Isabela by inheritance from their deceased mother Patricia Angui who in turn inherited it from her parents Isidro Angui and Ana Lopez. with an area of 3. so that by 1958. There can also be no acquisitive prescription in favor of the Calalungs since the land is already registered. When it was surveyed for purposes of registration.)21 d. Formation of Islands Reverse accession b. Over movables Unassigned Nathan Marasigan 20 Krystel Bautista 21 Iani Lauron 18 19 tutubi2b | uplawb2012 . the siblings instituted a case to quiet title against private respondent Calalungs and alleged that they were in former peaceful possession of said alluvial deposit when respondents encroached the land claiming ownership. WON respondents have acquired the alluvial property in question through prescription. On Jan. The fact remains that the Grandes have not sought registration of the alluvial property in dispute up to the time they filed an action against respondents. sometime in 1930. said accretion is not protected by imprescriptibility. the accretion consequently is automatically registered too. YES. and for many years thereafter. Ownership of land is different from registration.Page 8 of 10 Grande siblings are the owners of a parcel of land. meters more or less had been added to the registered land.

description.  the rule provides that real property shall "be levied on in like manner and with like effect as under an order of attachment" (Section 14. together with the description of the property attached. The requirement that the notice of levy should contain a reference to the number of the certificate of title and the volume and page in the registration book where the certificate is registered is made in order that the debtor as well as a third person may be properly informed of the particular land or property that is under the custody of the court. and notice with the occupant of the property. the sale carried out by virtue of said levy is also invalid and of no legal effect   SANTOS v BERNABE (1993. 1955  the levy made by the sheriff on said property is legally ineffective because it was not effected in accordance with what is prescribed in Section 14." and that "Where the property has been brought under the operation of the Land Registration Act. Inc. hence the sheriff issued in favor of the purchaser the final certificate of sale. Soldadura or soldering  Plumbatura – different metals  Ferruminatio – same metal iii.  Lucasan contends the ff:  he and his wife constituted this house and the lot on which stands into a family home.000.000. Since the notice of levy made by the sheriff as regards parcel number 1 which is a registered land contains no reference to the number of its certificate of title and the volume and page in the registry book where the title is registered. and by leaving a copy of said order.)23 FACTS:  Urbano Santos (778 cavans and 38 kilos of palay) and Pablo Tiongson (1. Escritura or writing v. of the Rules of Court ISSUE: WON rules on writs of execution should be strictly construed? HELD: YES. 1952.Page 9 of 10 1) Conjunction and adjunction i. the sheriff proceeded to levy on certain parcels of lands belonging to Lucasan  These lands were sold by the sheriff at public auction to the corporation as the highest bidder  Lucasan failed to redeem the property within one year. Tejido or weaving iv. copy of which was registered in the Office of the Register of Deeds of Zamboanga  Lucasan opposed said registration as regards one of the parcel of lands sold at auction. the notice shall contain a reference to the number of the certificate of title and the volume and page in the registration book where the certificate is registered" These provisions should be strictly construed if their purpose has to be accomplished.00 and damages in another sum of P40.026 cavans and 9 kilos of palay) both deposited in the warehouse of Jose Bernabe palay with the same grade and quality. in relation to Section 7.00  After the said decision was upheld by the SC and became final and executory. Consequently. the Court of First Instance of Zamboanga del Norte rendered decision ordering Filemon Lucasan to deliver to the Siari Valley Estates. and the provision regarding attachment of real property postulates that the attachment shall be made "by filing with the register of deeds a copy of the order. Rule 39. Pintura or painting Commixtion and confusion 2) SIARI VALLEY ESTATES v LUCASAN (1960. the cattle inside the former's pasture or pay its value amounting to P40. if any there be. Rule 59. it does not 22 23 Ixara Maroto Micha Arias tutubi2b | uplawb2012 . Inclusion or engraftment ii. and this was registered in the office of the register of deeds on June 21. and a notice that it is attached. However.)22 FACTS:  On January 30. it follows that said notice is legally ineffective and as such did not have the effect of binding the property for purposes of execution. Rule 39).

49 cavans) and Tiongson (525. according o the value of the things mixed or commingled. since the number of kilos in a cavan has not been determined. The writ of attachment for the said palay was granted and the attachable property of Bernabe including the 924 cavans and 31. DISPOSITIVE: Tiongson ordered to pay the value of 398. Tiongson filed a case against Bernabe for the recovery of the palay he deposited in his warehouse. 3) i Specification Because Prof. if in the later case the things cannot be separated without injury. Also because.” In the present case.Page 10 of 10 appear which sack belongs to Santos and which is owned by Tiongson. or if the mixture occurs accidentally. Santos then intervened contending that Tiongson cannot claim the 924c & 31.5k palay because by asking for the attachment thereof.49 cavans at P3/cavan to Santos. some of these palay could be those deposited by Santos.   ISSUE: W/N Tiongson and Santos are entitled to recover the part belonging to each? HELD/RATIO: YES. he impliedly acknowledged that the same belonged to Bernabe and not to Tiongson. sold in public auction and the proceeds delivered to Tiongson. Art 381 of the CC prescribes that “if by will of their owners. There were no marks or signs.5 kilos palay found in his warehouse were attached. two things of identical or dissimilar nature are mixed. nor were they separated from each other. only of the 924 cavans of palay which were attached and sold shall be distributed proportionately between Santos (398.52 cavans) or the value thereof at the rate of P3/cavan. each owner shall acquire a right in the mixture proportionate to the part belonging to him. Labitag remembers cases by location tutubi2b | uplawb2012 .

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