Symbolic delivery holds true when there is no impediment that may

Acquisition of Possession prevent the passing of the property from the hands of the vendor into
Art. 531. Possession is acquired by the material occupation of a thing or those of the vendee.
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 established for acquiring  
such right. (438a)  Essential Requirements for Possession
 
How is Possession Acquired? 1. corpus
A.Material occupation of a thing 2. animus or tendency to possess
   
1. Constitutum possessorium - exists when the person who possess Art. 532. Possession may be acquired by the same person who is to enjoy
property as an owner now possess it in some other capacity as that it, by his legal representative, by his agent, or by any person without any
of a lessee or depositary power whatever: but in the last case, the possession shall not be
2. traditio brevi manu - exists when the person who possessed considered as acquired until the person in whose name the act of
property not as an owner like a lessee now possesses it as the possession was executed has ratified the same, without prejudice to the
owner juridical consequences of negotiorum gestio in a proper case. (439a)
(opposite ang 1 and 2)  
Acquisition of Possession
B. Subjection to our will  
1. Personal
1.traditio longa manu - exists by the consent or by mere pointing 2. Through authorized person
3. Through unauthorized person
2.traditio simbolica – is effected by delivery of some object or symbol  
placing the thing under the control of the transferee. i.e key of the
warehouse delivered or surrendered Essential Requisites
 
1. For personal acquisition
C. Constructive possession or proper acts and legal formalities 1. Intent to possess
2. Capacity to possess
In the absence of the stipulation of the parties that the ownership of the 3. Object must be capable to be possessed
thing sold shall not pass to the purchaser until he has fully paid the 2. Through an authorized person
stipulated price, the execution of the sale through a public instrument shall 1. Intent to possess for principal
be equivalent to a delivery of the thing. 2. Authority of capacity to possess for another
If however, notwithstanding the execution of the instrument, the 3. Principal has intent an capacity to possess
purchaser cannot have the enjoyment and material tenancy of the thing 3. Through an unauthorized person (as in negotiorumgestio)
and make use of it himself because such tenancy and enjoyment are 1. Intent to possess for another
opposed by another, then delivery has not been effected. 2. Capacity of principal to possess
3. Ratification by principal
 NegotiorumGestio
 
Art. 2144 of the Civil Code.
 
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. (440)
 
Art. 533 speaks of acquisition of possession through Succession.
 
Art. 534. On who succeeds by hereditary title shall not suffer the
consequences of the wrongful possession of the decedent, if it is not
shown that he was aware of the flaws affecting it; but the effects of
possession in good faith shall not benefit him except from the date of the
death of the decedent. (442)
 
If the decedent is in bad faith, it does not necessarily mean that the son
was in bad faith. The son is presumed to be in good faith. However since
the father was in bad faith, the consequences of the good faith of the son
should be counted only from the date of the decedent’s death.
Reason for Article
Bad faith is personal and intransmissible. Its effect must therefore be
suffered only by the person who acted in bad faith. His heir should not
saddled by such consequences.
 
Art. 535. Minors and incapacitated persons may acquire the possession of
things; but they need the assistance of their legal representatives in
order to exercise the rights which from the possession arise in their favor.
(443)
 
Nature of their Possession
Regarding acquisition of possession, it is clear that possession by them is
allowed only in those matters where they have the capacity to act as in the
case of physical seizure of res nullius, or donation of personal
property,simultaneously delivered to them, and, not possession where
juridical acts are imperative like the possession of land and ownership of
which he desires to test in court. For in such a case and in similar ones, the
intervention of the legal representatives or guardians is needed.
 Objects of Possession
This article refers only to possession of things and does not include
possession of rights. However, there are certain cases where the
possession of things may involve the acquisition of rights over them.
 
 Method of Acquisition
This article refers principally to acquisition of possession by material
occupation. It also includes acquisition by any means for which the minor
or incapacitated person has the capacity. Thus, it would include acquisition
by succession, testate or intestate, or even and pure, simple donations. But
it cannot include such means of acquisition as contracts of purchase and
sale because minors and incapacitated persons have no capacity for such
acts except in very rare cases.
Art. 536. In no case may possession be acquired through force or
intimidation as long as there is a possessor who objects thereto. He who
believes that he has an action or a right to deprive another of the holding
of a thing, must invoke the aid of the competent court, if the holder
should refuse to deliver the thing. (441a)
Art. 537. Acts merely tolerated, and those executed clandestinely and
without the knowledge of the possessor of a thing, or by violence, do not
affect possession. (444)
 
Acts of Tolerance
Acts merely tolerated are those which by reason of neighborliness or
familiarity, the owner of the property allows his neighbor or another
person to do on the property. They are generally those particular services
or benefits, which one’s property can give to another without material
injury or prejudice to the owner who permits them out friendship or
courtesy.
They are acts of little disturbances which a person in the interest of
neighborliness or friendly relations permits others to do on his property
such as passing over the lands, parking the car therein or getting some
water. Although this has continued for a long time, no right would be
acquired by prescription. There is tacit consent of the possessor to the
acts which are merely tolerated thus not every case of knowledge and
silence on the part of possessor can be considered mere tolerance. By
virtue of tolerance, that is considered an authorization, permission or
license, acts of possession are realized or performed. The question reduces
itself to the existence or non-existence of the permission.
It is difficult to draw a dividing line between tolerance of the owner and
abandonment of his right when the acts of the possessor are repeated
especially when the lapse of the origin of which can be doubted. When
there is license or permission, the proof is easy. It is for the court to decide
on each case whether there exist mere tolerance or abandonment of the
rights on the part of the owner.
Tolerance is permission as distinguished from abandonment. If an owner
abandons as when within the proper period for prescription, he brings no
action. The possession of another will ripen into ownership. As a matter of
fact, silence or inaction is negligence not tolerance. But where a person
occupies another’s land with the latter’s permission or tolerance, the
occupier, no matter how long he remain can never acquire ownership
because he never acquired possession. Whether there has been
permission or abandonment, is a question of fact. Of course, it is possible
that although there was permission at first, the permission was
subsequently withdrawn, and abandonment has resulted. But this must be
proved by clear and convincing evidence.
Clandestine Possession
Clandestine possession is secret possession or possession by stealth. For
clandestine possession to affect the owner’s possession, the possession
must also be unknown to the owner. If it is secret to many, but known to
the owner, his possession is affected. There is a presumption however that
when possession is clandestine, it is also known to the owner.  2.possession in different concepts or different degrees
Acts of Violence
Possession is acquired by force not only when one forcibly takes away the
property from another but also when one occupied property in the
absence of another and repels the latter upon his return. The force may:
either be actual or threatened.
It may be employed by the possessor himself or by another for him.
And against any possessor.  
 
 Effect on Possession
The acts referred to in this article do not constitute true possession nor do
they prejudice the rights of a real possessor.
Notwithstanding their performance, the possession continues to reside in
the legal possessor. They do not interrupt the period of prescription in
favor of the latter nor affect his rights to the fruits. In other words, for all
purposes that may be favorable to the true possessor, his possession is not
considered interrupted.
Art. 538. Possession as a fact cannot be recognized at the same time in
two different personalities except in the cases of co-possession. Should a
question arise regarding the fact of possession, the present possessor
shall be preferred; if there are two possessors, the one longer in
possession; if the dates of the possession are the same, the one who
presents a title; and if all these conditions are equal, the thing shall be
placed in judicial deposit pending determination of its possession or
ownership through proper proceedings. (445)
General Rule
Possession as a fact cannot be recognized at the same time in two different
personalities.
Exceptions:
1.co-possessors (since there is no conflict of interest, both of them acting
as co-owners, as in the case of property owned or possessed in common)
 
Criteria to be Used in Case of Conflict or Dispute
 
1. Present possessor shall be preferred
2. If both are present, the one longer in possession
3. If both began to possess at the same time, the one who presents a
title
4. If both present a title, the Court will determine.
Effects of Possession Part 1
Art. 539. Every possessor has a right to be respected in his possession;
and should he be disturbed therein he shall be protected in or restored to
said possession by the means established by the laws and the Rules of
Court.
 
A possessor deprived of his possession through forcible entry may within
ten days from the filing of the complaint present a motion to secure from
the competent court, in the action for forcible entry, a writ of preliminary
mandatory injunction to restore him in his possession. The court shall
decide the motion within thirty (30) days from the filing thereof. (446a)
 
General Nature
1. Right to be respected in possession  possession, particularly when there are conflicting claims of
This article speaks of three important things:
 
1. Right of a person to be respected in his possession (first effect of
possession)
2. Protection in said right or restoration to said possession through
legal means
3. The writ of preliminary mandatory injunction
 
Specific Right to be Respected in Possession
 
1. Reason for Protection of Possession:
1. Possession is very similar to ownership, and as a matter
of fact modifies ownership
2. Possession almost invariably gives rise to the
presumption that the possessor is the owner.
1. Every possessor is protected under Art. 539, whether in the
concept of an owner or holder
 
Legal Means for Restoration to Possession
 
1. Reasons for requiring legal means:
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 taking the law into his own
hands.
1. Thus,
1. The owner should go to court, and not eject the unlawful
possessor by force
2. 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
3. The proper actions are forcible entry or unlawful
detainer, accion publiciana, accion reivindicatoria, replevin,
injunction to prevent further acts of dispossession. However,
injunction is GENERALLY not the proper remedy to recover
ownership. Accion reivindicatoria would be better. A final
judgement in an unlawful detainer case may be executed
even if there is still pending an accion reivindicatoria, for the
two action can co-exist. A mere trespasser, even if ejected,
has no right to institute an action of forcible entry.
 
Writ of Preliminary Mandatory Injunction- Rule
1. As a rule, injunction cannot substitute for the other, actions to
recover possession. This is because in the meantime, the possessor
has in his favor, the presumption of rightful possession, at least, till
the case is finally decided. The exception of course, is a very clear
case of usurpation. Similarly, a receiver should not ordinarily be
 appointed to deprive a party who is in possession of the property in
litigation of such possession.
2. But the Civil Code allows in the meantime, “the writ of preliminary
mandatory injunction“ because “there are at present prolonged
litigations between the owner and the usurper, and the former is
frequently deprived of his possession even when he has an
immediate right thereto.”
*Preliminary injunction is made available for forcible entry cases, but in the
present Rules of Court it is also available in unlawful detainer.
 
 In forcible entry cases (in the original court) – file within 10 days from the
time of the complaint is filed
In ejectment (unlawful detainer cases) (CFI RTC or Appellate Court) – file
within 10 days from the time the appeal is perfected (that is from the time
the attorneys are notified by the Court of the perfection of the appeal.)
Art. 540. Only the possession acquired and enjoyed in the concept of
owner can serve as a title for acquiring dominion. (447)
 
Possession in the Concept of Owner
 
1. If a person possesses enconcepto de dueño (in the concept of an
owner) – he may eventually become the owner by prescription
2. Thus, a possessor merely in the concept of holder cannot acquire
property by acquisitive prescription. One cannot recognize the right
of another and at the same time claim adverse possession which can
ripen to ownership through acquisitive prescription. For prescription
to set in, the possession must be adverse, public and to the
exclusion of all.
Possession in the Concept of Holder
The following cannot therefore acquire ownership by prescription:
 
1. Lessees. Or those merely permitted to occupy.
2. Trustees. These include:
a. Parents over the properties of their unemancipated
minor children or insane children
b. Husband and wife over each other’s properties, as long
as the marriage lasts, and even if there be a separation of
property which has been agreed upon in a marriage
settlement or by judicial decree.
3. Antichretic creditors
4. agents
5. attorneys (regarding their client’s properties)
6. depositaries
7. co-owners
Payment of Land Taxes or Real Property Taxes
Although payment of land taxes is not evidence of ownership, and
although a mere tax declaration or a tax assessment does not by itself give
the title, and is of little value in proving one’s ownership, still payment of
the land tax is one of the most persuasive and positive indicia, which
shows the will of a person to possess in the concept of an owner or with
claim of ownership. And therefore, prescription may eventually be had,
provided that the other requisites for prescription are present.  
Otherwise put, while tax declarations and receipts are NOT conclusive
evidence of ownership, yet, when coupled with proof of actual possession,
tax declaration and receipts are strong evidence of ownership.
 
 
Art. 541. A possessor in the concept of owner has in his favor the legal
presumption that he possesses with a just title and he cannot be obliged
to show or prove it. (448a)
 
Presumption that Possessor Has a Just Title
There are two requirements under this article to raise the disputable
presumption of ownership (of a thing or a right):
1. one must be in possession (actual or constructive)
2. the possession must be in the concept of owner
Meaning of Just Title  
This article, title is document. But not necessarily so when it comes 2. Titulo Colorado
necessary for the possessor to justify his possession, he may prove his title  That title where, although there was a mode of transferring ownership,
by witnesses. For instance, that he purchased property under oral contract still something is wrong, because the grantor is NOT the owner.
and that therefore he has title although it is not in writing, hence title does  
not always consist in documents and just title means that which is legally  
sufficient to transfer the ownership or real right to which it relates. 3. Putative Title (Titulo Putativo)
  That title where although a person believes himself to be the owner, he
Reasons for the Presumption nonetheless is not, because there was no mode of acquiring ownership.  
   
1. presumption that one is in good faith – or that one is innocent of  
wrong Art. 542. The possession of real property presumes that of the movables
2. inconvenience of carrying proofs of ownership around therein, so long as it is not shown or proved that they should be
  excluded. (449)
Difference Between Possession and Prescription  
  Art. 543. Each one of the participants of a thing possessed in common
shall be deemed to have exclusively possessed the part which may be
In Possession In Prescription
allotted to him upon the division thereof, for the entire period during
Just title here is presumed. Just title here must be proved (title refers which the co-possession lasted. Interruption in the possession of the
(title refers either to document either to document or right) whole or a part of a thing possessed in common shall be to the prejudice
or right) (the term “show” of all the possessors. However, in case of civil interruption, the Rules of
evidently refers to a document; Court shall apply. (450a)
while term “prove” refers to
the right)

Just title means true and valid Just title means merely colourable title
title sufficient to transfer although there was a mode of
Effects of Possession Part 2
ownership transferring ownership, the grantor was
Art. 544. A possessor in good faith is entitled to the fruits received before
NOT the owner
the possession is legally interrupted.
   
Natural and industrial fruits are considered received from the time they
The Kinds of Titles
are gathered or severed.
 
 
1. Titulo Verdadero y Valido
Civil fruits are deemed to accrue daily and belong to the possessor in
 There was a mode of transferring ownership and the grantor was the
good faith in that proportion. (451)
owner. It is defined as a title which by itself is sufficient to transfer
 
ownership without the necessity of letting the prescriptive period elapse.
  Right of a Possessor in Good Faith
Reason
Justice demands that the fruits be retained by the possessor who thought
that he was really the owner of the property, and who, because of such
thought had regulated his daily life, income, and expenses by virtue of such
fruits. Moreover, the possessor should be rewarded for having contributed
to the INDUSTRIAL WEALTH, unlike the owner, who by his presumed
negligence, had virtually discarded his property.   "Civil fruits are deemed to accrue daily and belong to the possessor in good
Legal interruption happens when a complaint is filed against him and he
receives the proper judicial summons. All fruits accrued and received since
said date must be turned over to the owner or the lawful possessor
adjudged by the court. Before legal interruption, the fruits received are his
own. After the receipt of the judicial summons, the right to get the fruits
not yet gathered ceases.
The reason why fruits should be returned from the TIME of legal
interruption is that it is ordinarily only from said date that the possessor
should be considered in BAD FAITH. Therefore, should there be proof that
BAD FAITH had not set in even BEFORE legal interruption, fruits should be
returned from that date of CONVERSION into bad faith.  This is because
possessors in bad faith are not entitled to the fruits. As a matter of fact, the
law provides that the possessor in bad faith shall reimburse the fruits
received and those which the legitimate possessor or owner could have
received. This is true whether the possession in BAD faith was legally
interrupted or not. It is understood of course that he is entitled to the
fruits received before the conversion into BAD FAITH, for then he would
still be in good faith.
 
When Natural and Industrial Fruits Are Considered Received
 
"Natural and industrial fruits are considered received from the time they
are gathered or severed."
1. If at the time of legal interruption, the crops are still growing, the
rule on pending crops, not on the gathered crops, should apply.
2. If at the time of legal interruption, the crops have already been
gathered, but are sold only after such interruption, the sale is
immaterial, for the law requires only a gathering not a severance, so
Art. 544 applies.
 
When Civil Fruits Are Deemed Accrued
 
faith in that proportion."
 
a.if civil fruits (like rent) are accrued daily, Art. 545 does not apply.
b. actual receipt of the rents is immaterial; hence, even if received only, for
example, on the 30th of a month, all rents accrued before 21 st of the month
(date of legal interruption) should belong to the possessor in good faith.
Art. 545. If at the time the good faith ceases, there should be any natural
or industrial fruits, the possessor shall have a right to a part of the
expenses of cultivation, and to a part of the net harvest, both in
proportion to the time of the possession.
 
The charges shall be divided on the same basis by the two possessors.
 
The owner of the thing may, should he so desire, give the possessor in
good faith the right to finish the cultivation and gathering of the growing
fruits, as an indemnity for his part of the expenses of cultivation and the
net proceeds; the possessor in good faith who for any reason whatever
should refuse to accept this concession, shall lose the right to be
indemnified in any other manner. (452a)
Sharing of Expenses and Charges
The expenses for cultivation shall also be divided pro rata (two to four).
The law says “the possessor shall have a right to a part of the expenses for
cultivation in proportion to the time of possession.”
The charges are also to be divided in proportion to the time of possession. 
 
Applicability 2.
Applicable only to possessors in GOOD FAITH for a possessor in bad faith  
has no right whatsoever to fruits already gathered nor to fruits still Examples of Expenditures that are NOT Necessary Expenses
pending, except that in the former case (gathered fruits), he gets back the  
necessary expenses for production, gathering and preservation of fruits. 1.
In case of pending fruits, the principle of accession applies, and the law 2.
clearly states that he who plants or sows in BAD FAITH on the land of 3.
another, loses whatever is planted or sown without right to indemnity. 4.
  5.
   
Crops Not Yet Manifest Rights of a Possessor as to Necessary Expenses
   
  1. If in good faith - entitled to:
  1.
2.
Similar Rules 1. If in bad faith - entitled only to 
   
Art. 567 (Usufruct)
Art. 1617 (Conventional Redemption) Useful Expenses (GastosUtiles)
   
Art. 546. Necessary expenses shall be refunded to every possessor; but  
only the possessor in good faith may retain the thing until he has been  
reimbursed therefor. Examples of Useful Expenses
   
Useful expenses shall be refunded only to the possessor in good faith 1.
with the same right of retention, the person who has defeated him in the 2.
possession having the option of refunding the amount of the expenses or 3.
of paying the increase in value which the thing may have acquired by 4.
reason thereof. (453a) 5.
   
Necessary Expenses (GastosNecesarios) Rights of a Possessor as to Useful Expenses
   
   
   
Examples of Necessary Expenses Art. 547. If the useful improvements can be removed without damage to
  the principal thing, the possessor in good faith may remove them, unless
1.
the person who recovers the possession exercises the option under have a right only to the expenses mentioned in paragraph 1 of Article 546
paragraph 2 of the preceding article. (n) and in Article 443. The expenses incurred in improvements for pure
  luxury or mere pleasure shall not be refunded to the possessor in bad
faith, but he may remove the objects for which such expenses have been
Meaning of "Damage" incurred, provided that the thing suffers no injury thereby, and that the
  lawful possessor does not prefer to retain them by paying the value they
  may have at the time he enters into possession. (445a)
   
Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded Suppose the value of the ornament at the time of change of possession is
to the possessor in good faith; but he may remove the ornaments with higher (instead of lower) than the amount spent, should the possessor in
which he has embellished the principal thing if it suffers no injury bad faith be paid the higher value?
thereby, and if his successor in the possession does not prefer to refund  
the amount expended. (454)  
   
Expenses for Pure Luxury Right of the Possessor Regarding Fruits
   
  1. If in GOOD faith
  1.
Examples of Ornamental Expenses 2.
  1. If in BAD faith
1. 1.
2. 2.
3.  
  Art. 550. The costs of litigation over the property shall be borne by every
Rights of a Possessor as to Luxurious Expenses possessor. (n)
   
1. If in GOOD faith, _____________________. However, owner has Cost of Litigation
OPTION to allow:  
1.  
2.  
1. If in BAD faith, _______________________. However, owner has Art. 551. Improvements caused by nature or time shall always insure to
OPTION to allow: the benefit of the person who has succeeded in recovering possession.
1. (456)
2.  
  Art. 552. A possessor in good faith shall not be liable for the deterioration
Art. 549. The possessor in bad faith shall reimburse the fruits received or loss of the thing possessed, except in cases in which it is proved that
and those which the legitimate possessor could have received, and shall
he has acted with fraudulent intent or negligence, after the judicial (4) By the possession of another, subject to the provisions of
summons. Article 537, if the new possession has lasted longer than one year.
  But the real right of possession is not lost till after the lapse of ten
A possessor in bad faith shall be liable for deterioration or loss in every years. (460a)
case, even if caused by a fortuitous event. (457a)  
 
Ways of Losing Possession
Liability for Loss or Deterioration  
  1.
  1.
  2.
1.
Rules Applicable 1.
  2.
1. Possessor in GOOD FAITH - 3.
1. 4.
2. 5.
1. 1.
2. 1.
1. Possessor in BAD FAITH -  2.
  3.
Art. 553. One who recovers possession shall not be obliged to pay for  
improvements which have ceased to exist at the time he takes possession Abandonment
of the thing. (458)  
  Abandonment is the voluntary renunciation of a thing.
Art. 554. A present possessor who shows his possession at some previous  
time, is presumed to have held possession also during the intermediate Requisites:
period, in the absence of proof to the contrary. (459)  
1.
Effects of Possession Part 3 2.
Art. 555. A possessor may lose his possession: 3.
  4.
(1) By the abandonment of the thing;  
(2) By an assignment made to another either by onerous or Assignment
gratuitous title;  
(3) By the destruction or total loss of the thing, or because it goes  
out of commerce;  
Possession of Another

 
 
Destruction, Total Loss, and Withdrawal from Commerce
 
Art. 556. The possession of movables is not deemed lost so long as they
remain under the control of the possessor, even though for the time
being he may not know their whereabouts. (461)
 
 
 
Art. 557. The possession of immovables and of real rights is not deemed
lost, or transferred for purposes of prescription to the prejudice of third
persons, except in accordance with the provisions of the Mortgage Law
and the Land Registration laws. (462a)
 
Art. 558. Acts relating to possession, executed or agreed to by one who
possesses a thing belonging to another as a mere holder to enjoy or keep
it, in any character, do not bind or prejudice the owner, unless he gave
said holder express authority to do such acts, or ratifies them
subsequently. (463)
Art. 559. The possession of movable property acquired in good faith is
equivalent to a title. Nevertheless, one who has lost any movable or has
been unlawfully deprived thereof may recover it from the person in
possession of the same.
 
If the possessor of a movable lost or which the owner has been
unlawfully deprived, has acquired it in good faith at a public sale, the
owner cannot obtain its return without reimbursing the price paid
therefor. (464a)
When Possession of a Movable is Equivalent to Title
 
Possession of movable property acquired:
1. In BAD FAITH - 
2. In GOOD FAITH -
1.
2.
Question
 
A agreed to sell his car to B for ₱300,000.00, the price to be paid after the
car is registered in the name of B. After the execution of the deed of sale, A
together with B, proceeded to the Land Transportation Office where the
registration of the car in B's name was effected. When A asked for
payment, B told him that he was ₱10,000.00 short, and informed him that
he would get from his mother. Together, A and B rode in the car to the
supposed residence of B's mother. Upon entering the house, B told A to
wait in the sala while he asked his mother for the money. In the
meanwhile, on the pretext that B had to show his mother the registration
papers of the car, A gave them to B, who thereupon entered the supposed
room of his mother, ostensibly to show her the papers. That was the last
time A saw B or his car. In the meantime, B succeeded in selling the car to
C who bought the same in good faith and for value. May A recover the car
from C?
 
 
Purpose
 
 Requisites for Title
 
1.
2.
3.
Art. 560. Wild animals are possessed only while they are under one's
control; domesticated or tamed animals are considered domestic or tame
if they retain the habit of returning to the premises of the possessor.
(465)
 
Kinds of Animals
Art. 561. One who recovers, according to law, possession unjustly lost,
shall be deemed for all purposes which may redound to his benefit, to
have enjoyed it without interruption. (466)
Summary on Possession As To Fruits
By Dean Hernando S. Perez, Jr.
Kinds of Fruits Possessor in Good Faith
Civil Fruits Entitled to fruits
pertaining to the period
from the start of
possession until it is
legally interrupted.
Natural / Industrial
a. Gathered Has right to retain fruits
term of possession
b. Pending Owner’s option: LESS: necessary
1. Pro-rating (based on expenses for cultivation,
period of possession) gathering and
between possessor and harvesting.
owner of:
a) expenses; 1. No rights at all, not
b) net harvest; even to expenses for
and cultivation, because by
c) charges accession, all should
2. Allow possessor to belong to the owner,
stay in possession until without indemnity;
after he gathers the 2. Must pay DAMAGES
fruits thereof, which amounting to a
shall serve as indemnity reasonable rent for the
Possessor in Bad Faith for his expenses term of the possession.
1. Not entitled to fruits;
2. Must pay DAMAGES
as rental from the time
he started possession
until the time his
possession is defeated. TACKING
The following shall be observed:
1. The present possessor may complete the period necessary for
1. Must account for prescription by tacking his possession to that of his grantor or
them and RETURN THE predecessor in interest
VALUE of: 2. It is presumed that the present possessor who was also the
a) those already possessor at the previous time has continued to be in possession
received during the intervening time unless there is proof to the contrary.
b) those which 3. The first day shall be excluded and the last day included.
the legal
possessor could Definition
have received Adding on the period of possession of the previous owner (P) and the
with due care period of possession of the successor (S).
or diligence
2. Must pay DAMAGES When is Tacking Allowed?
amounting to a
reasonable rent for the
Is allowed only if there is privity of relationship between the predecessor A parcel of land
and successor. As in the case of the decedent to heir, donor to donee, P possessed the land for three years in good faith, transferred ownership
vendor to vendee, etc. to S who possessed land for six years.
Thus a mere intruder or usurfer cannot tack or invoke the possession of Has S acquired ownership of the land by virtue of acquisitive prescription?
any previous possessor.
There has to be a juridical tie between the predecessor and the No. ordinary prescription has not set in. It has to be 10 years for ordinardy
successor. prescription. It still lacks 1 year for ordinary prescription to set in.
Example:
1.A is the original owner of the land P- 11 years
A sold the land to B S- 19 years
C forged B’s signature Both bad faith.
C sold the land to himself
C sold the land to D Yes. Extra ordinary prescription has set in.
D sold the land to E
3.P- good faith; S-bad faith
B C D E held the land for 10 years each
1.Get the ratio of the period of extrordinary prescription to the period of
Can E acquire ownership of the land by virtue of acquisitive prescription? ordinary prescription
Yes. Tack in the possession among C, D and E. 30 years has lapsed. For movables: get ratio of the period of extraordinary prescription (8 years)
Acquisitive prescription has set in. and period for ordinary prescription (4 years)= 2:1
For immovable: get ratio of the period of extraordinary prescription (30
2.same but E is not around. years) and period for ordinary prescription (10 years)= 3:1
2.convert possession of P in good faith into bad faith.
Has D acquired ownership of the land by virtue of acquisitive prescription? For movables: get the X number of years times the ratio computed =
No. it should be exactly 30 years. period
For immovable: get x number of years multiplied by the ratio computed =
*These rules would only be applicable for determining if acquisitive period
prescription has set in. 3.add the result in number 2 then period of possession by the successor
then determine if extraordinary prescription has been met
Rules of Tacking
Determine if the predecessor and successor if they are either in good faith Example:
and bad faith. P- 7 years
If both in good faith, add the period and then apply the rules of ordinary S- 5 years
prescription. – 10 years
If both in bad faith, add the period then you apply the rules for Has acquisitive period set in?
extraordinary prescription.– 30 years Immovable: 3x7=21 + 5 = 26 years. No.

Example: P is bad faith

S is good faith 1. ESSENTIAL characteristics:
1.
Ratio is reversed 2.
For movables: get ratio of the period of extraordinary prescription (8 years) 3.
and period for ordinary prescription (4 years)= 1:2 1. NATURAL characteristic:
For immovable: get ratio of the period of extraordinary prescription (30 1.
years) and period for ordinary prescription (10 years)= 1:3 1. ACCIDENTAL characteristics:
Convert. Divide 1.
Add 2.
Determine if ordinary prescription has set in. 3.
 
Parcel of land
S- 5 years Reasons
P- 12  
1.
12/3 = 4 + 5 = 9 No. ordinary prescription has not set in. 2.
3.
 
Usufruct Easement
Usufruct In General
Art. 562. Usufruct gives a 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. (467)
 
Three Fundamental Rights of Ownership
 
1. Jus disponendi  
2. Jus utendi Similarities
3. Jus fruendi  
  1.
2.
Concept & Definition of Usufruct
3.
 
   
  BASIS USUFRUCT LEASE
Characteristics or Elements of Usufruct As to
  EXTENT
  
As to
NATURE of Classification of Usufruct As to Quantity or Extent
the right  
1. As to fruits - 
As to the
2. As to object - 
CREATOR of
 
the right
Classification of Usufruct as to Number of Persons
As to  
ORIGIN 1.
2.
As to CAUSE
3.
As to 4.
REPAIRS  

As to TAXES Classification of Usufruct as to Quality or Kind

 
As to other 1.
things 2.
1.
 
2.
Art. 563. Usufruct is constituted by law, by the will of private persons
 
expressed in acts inter vivos or in a last will and testament, and by
prescription. (468) Classification of Usufruct According to Terms or Conditions
   
1. Pure usufruct
Classification of Usufruct As to Origin
2. With a term or period
 
1. Ex die
1.
2. In diem
2.
3. Ex die in diem
1.
1. With a condition
2.
 
1.
Art. 565. The rights and obligations of the usufructuary shall be those
 
provided in the title constituting the usufruct; in default of such title, or
Art. 564. Usufruct may be constituted on the whole or a part of the fruits
in case it is deficient, the provisions contained in the two following
of the thing, in favor of one more persons, simultaneously or
Chapters shall be observed. (470)
successively, and in every case from or to a certain day, purely or
 
conditionally. It may also be constituted on a right, provided it is not
strictly personal or intransmissible. (469) Rights of the Usufructuary
Art. 566. The usufructuary shall be entitled to all the natural, industrial
and civil fruits of the property in usufruct. With respect to hidden
treasure which may be found on the land or tenement, he shall be
considered a stranger. (471)
 
Art. 567. Natural or industrial fruits growing at the time the usufruct
begins, belong to the usufructuary.
 
Those growing at the time the usufruct terminates, belong to the owner.
 
In the preceding cases, the usufructuary, at the beginning of the usufruct,
has no obligation to refund to the owner any expenses incurred; but the
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.
 
The provisions of this article shall not prejudice the rights of third
persons, acquired either at the beginning or at the termination of the
usufruct. (472)
 
This article applies to PENDING NATURAL and INDUSTRIAL FRUITS.
 
Rules
 
1. Fruits pending at the BEGINNING of the usufruct:
1.
2.
3.
1. Fruits pending at the TERMINATION of usufruct:
1.
2.
3.
Art. 568. If the usufructuary has leased the lands or tenements given in
usufruct, and the usufruct should expire before the termination of the
lease, he or his heirs and successors shall receive only the proportionate
share of the rent that must be paid by the lessee. (473)
 
Art. 569. Civil fruits are deemed to accrue daily, and belong to the
usufructuary in proportion to the time the usufruct may last. (474)
 
Art. 570. Whenever a usufruct is constituted on the right to receive a rent
or periodical pension, whether in money or in fruits, or in the interest on
bonds or securities payable to bearer, each payment due shall be
considered as the proceeds or fruits of such right.
 
Whenever it consists in the enjoyment of benefits accruing from a
participation in any industrial or commercial enterprise, the date of the
distribution of which is not fixed, such benefits shall have the same
character.
 
In either case they shall be distributed as civil fruits, and shall be applied
in the manner prescribed in the preceding article. (475)
 
Art. 571. The usufructuary shall have the right to enjoy any increase
which the thing in usufruct may acquire through accession, the servitudes
established in its favor, and, in general, all the benefits inherent therein.
(479)
Increases in the Thing Held In Usufruct
 
Aside from the right to the fruits, the usufructuary has the right to the
enjoyment of:
 
1.
2.
3.
 
Reasons
 
The usufructuary, as a rule, is entitled to the:
 1. ENTIRE ________
2. ENTIRE ________
Art. 572. The usufructuary may personally enjoy the thing in usufruct,
lease it to another, or alienate his right of usufruct, even by a gratuitous
title; but all the contracts he may enter into as such usufructuary shall
terminate upon the expiration of the usufruct, saving leases of rural
lands, which shall be considered as subsisting during the agricultural
year. (480)
 
Art. 573. Whenever the usufruct includes things which, without being
consumed, gradually deteriorate through wear and tear, the usufructuary
shall have the right to make use thereof in accordance with the purpose
for which they are intended, and shall not be obliged to return them at
the termination of the usufruct except in their condition at that time; but
he shall be obliged to indemnify the owner for any deterioration they
may have suffered by reason of his fraud or negligence. (481)
 
Abnormal Usufruct on Things
This article deals with an ABNORMAL or imperfect usufruct. It is true that
ALL things deteriorate, but there are some things that deteriorate much
faster than others.
 
Effect of the Deterioration
If these fast deteriorating things:
 
1.
2.
3.
 
Art. 574. Whenever the usufruct includes things which cannot be used
without being consumed, the usufructuary shall have the right to make
use of them under the obligation of paying their appraised value at the
termination of the usufruct, if they were appraised when delivered. In
case they were not appraised, he shall have the right to return at the
same quantity and quality, or pay their current price at the time the
usufruct ceases. (482)
Quasi-Usufruct
 
This is what we call "quasi-usufruct" because the form and substance is not
really preserved. Thus, this is really a SIMPLE loan.
 
Rules for Quasi-Usufruct
 
1.
2. BUT at the end of the usufruct, he must
1.
2.
 
Art. 575. The usufructuary of fruit-bearing trees and shrubs may make
use of the dead trunks, and even of those cut off or uprooted by accident,
under the obligation to replace them with new plants. (483a)
Art. 576. If in consequence of a calamity or extraordinary event, the trees
or shrubs shall have disappeared in such considerable number that it
would not be possible or it would be too burdensome to replace them,
the usufructuary may leave the dead, fallen or uprooted trunks at the
disposal of the owner, and demand that the latter remove them and clear
the land. (484a)
Art. 577. The usufructuary of woodland may enjoy all the benefits which
it may produce according to its nature.
 
If the woodland is a copse or consists of timber for building, the
usufructuary may do such ordinary cutting or felling as the owner was in
the habit of doing, and in default of this, he may do so in accordance with
the custom of the place, as to the manner, amount and season.
In any case the felling or cutting of trees shall be made in such manner as
not to prejudice the preservation of the land.
 
In nurseries, the usufructuary may make the necessary thinnings in order Obligations of the Usufructuary
that the remaining trees may properly grow.
  Basic Obligations
With the exception of the provisions of the preceding paragraphs, the  
usufructuary cannot cut down trees unless it be to restore or improve The usufructuary has obligations:
some of the things in usufruct, and in such case shall first inform the  
owner of the necessity for the work. (485) 1. Before the usufruct (like _______________)
  2. During the usufruct (like_________________)
Art. 578. The usufructuary of an action to recover real property or a real 3. After the usufruct (like the duty to __________________).
right, or any movable property, has the right to bring the action and to  
oblige the owner thereof to give him the authority for this purpose and The naked owner also has corresponding obligations.
to furnish him whatever proof he may have. If in consequence of the  
enforcement of the action he acquires the thing claimed, the usufruct Art. 583. The usufructuary, before entering upon the enjoyment of the
shall be limited to the fruits, the dominion remaining with the owner. property, is obliged:
(486) (1) To make, after notice to the owner or his legitimate
  representative, an inventory of all the property, which shall
Art. 579. The usufructuary may make on the property held in usufruct contain an appraisal of the movables and a description of the
such useful improvements or expenses for mere pleasure as he may condition of the immovables;
deem proper, provided he does not alter its form or substance; but he (2) To give security, binding himself to fulfill the obligations
shall have no right to be indemnified therefor. He may, however, remove imposed upon him in accordance with this Chapter. (491)
such improvements, should it be possible to do so without damage to the  
property. (487) Obligations
   
Art. 580. The usufructuary may set off the improvements he may have This Article speaks of two obligations (inventory and security).
made on the property against any damage to the same. (488)  
 
Art. 581. The owner of property the usufruct of which is held by another, Requirements for Making of the Inventory
may alienate it, but he cannot alter its form or substance, or do anything  
thereon which may be prejudicial to the usufructuary. (489) 1.
  2.
Art. 582. The usufructuary of a part of a thing held in common shall 3.
exercise all the rights pertaining to the owner thereof with respect to the 4.
administration and the collection of fruits or interest. Should the co- 5.
ownership cease by reason of the division of the thing held in common, 6.
the usufruct of the part allotted to the co-owner shall belong to the 7. When inventory is not required.
usufructuary. (490) 1.
2.
 

The Giving of Security
 
The purpose is to _________________________________.
 
Since the law does not specify what kind of security should be given, it
follows that ______________________________.
 
When security is not required:
 
1.
2.
3.
4.
5.
Effect of not giving security.
 
(See Art. 586 and 599).
 
Art. 584. The provisions of No. 2 of the preceding article shall not apply to
the donor who has reserved the usufruct of the property donated, or to
the parents who are usufructuaries of their children's property, except
when the parents contract a second marriage. (492a)
 
Art. 585. The usufructuary, whatever may be the title of the usufruct,
may be excused from the obligation of making an inventory or of giving
security, when no one will be injured thereby. (493)
 
Art. 586. Should the usufructuary fail to give security in the cases in
which he is bound to give it, the owner may demand that the
immovables be placed under administration, that the movables be sold,
that the public bonds, instruments of credit payable to order or to bearer
be converted into registered certificates or deposited in a bank or public
institution, and that the capital or sums in cash and the proceeds of the
sale of the movable property be invested in safe securities.
The interest on the proceeds of the sale of the movables and that on
public securities and bonds, and the proceeds of the property placed
under administration, shall belong to the usufructuary.
 
Furthermore, the owner may, if he so prefers, until the usufructuary gives
security or is excused from so doing, retain in his possession the property
in usufruct as administrator, subject to the obligation to deliver to the
usufructuary the net proceeds thereof, after deducting the sums which
may be agreed upon or judicially allowed him for such administration.
(494)
 
Effects of Failure to Give Security
 
On the Rights of the Naked Owner:
1.
2.
3.
 
On the Rights of the Usufructuary:
 
1.
2.
3.
4.
 
Art. 587. If the usufructuary who has not given security claims, by virtue
of a promise under oath, the delivery of the furniture necessary for his
use, and that he and his family be allowed to live in a house included in
the usufruct, the court may grant this petition, after due consideration of
the facts of the case.
 
The same rule shall be observed with respect to implements, tools and
other movable property necessary for an industry or vocation in which he
is engaged.
 
If the owner does not wish that certain articles be sold because of their
artistic worth or because they have a sentimental value, he may demand
their delivery to him upon his giving security for the payment of the legal
interest on their appraised value. (495)
 
CaucionJuratoria
 
 
Requisites
 
1.
2.
3.
4.
 
Restrictions on Usufructuary
 
 
Art. 588. After the security has been given by the usufructuary, he shall
have a right to all the proceeds and benefits from the day on which, in
accordance with the title constituting the usufruct, he should have
commenced to receive them. (496)
 
Art. 589. The usufructuary shall take care of the things given in usufruct
as a good father of a family. (497)
 
Art. 590. A usufructuary who alienates or leases his right of usufruct shall
answer for any damage which the things in usufruct may suffer through
the fault or negligence of the person who substitutes him. (498)
 
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the
usufructuary shall be obliged to replace with the young thereof the
animals that die each year from natural causes, or are lost due to the
rapacity of beasts of prey.
 
If the animals on which the usufruct is constituted should all perish,
without the fault of the usufructuary, on account of some contagious
disease or any other uncommon event, the usufructuary shall fulfill his
obligation by delivering to the owner the remains which may have been
saved from the misfortune.
 
Should the herd or flock perish in part, also by accident and without the
fault of the usufructuary, the usufruct shall continue on the part saved.
Should the usufruct be on sterile animals, it shall be considered, with
respect to its effects, as though constituted on fungible things. (499a)
 
Art. 592. The usufructuary is obliged to make the ordinary repairs needed
by the thing given in usufruct.
 
By ordinary repairs are understood such as are required by the wear and
tear due to the natural use of the thing and are indispensable for its
preservation. Should the usufructuary fail to make them after demand by
the owner, the latter may make them at the expense of the usufructuary.
(500)
Duty to Make Ordinary Repairs
 
For the usufructuary to be responsible for ordinary repairs, the following
conditions must be present:
 
1.
2.
3.
4.
 
Art. 593. Extraordinary repairs shall be at the expense of the owner. The
usufructuary is obliged to notify the owner when the need for such
repairs is urgent. (501)
 
Art. 594. If the owner should make the extraordinary repairs, he shall
have a right to demand of the usufructuary the legal interest on the
amount expended for the time that the usufruct lasts.
 
Should he not make them when they are indispensable for the
preservation of the thing, the usufructuary may make them; but he shall
have a right to demand of the owner, at the termination of the usufruct,
the increase in value which the immovable may have acquired by reason
of the repairs. (502a)
 
Art. 595. The owner may construct any works and make any
improvements of which the immovable in usufruct is susceptible, or
make new plantings thereon if it be rural, provided that such acts do not
cause a diminution in the value of the usufruct or prejudice the right of
the usufructuary. (503)
 
Art. 596. The payment of annual charges and taxes and of those
considered as a lien on the fruits, shall be at the expense of the
usufructuary for all the time that the usufruct lasts. (504)
 
Art. 597. The taxes which, during the usufruct, may be imposed directly
on the capital, shall be at the expense of the owner.
 
If the latter has paid them, the usufructuary shall pay him the proper
interest on the sums which may have been paid in that character; and, if
the said sums have been advanced by the usufructuary, he shall recover
the amount thereof at the termination of the usufruct. (505)
 
Art. 598. If the usufruct be constituted on the whole of a patrimony, and
if at the time of its constitution the owner has debts, the provisions of
Articles 758 and 759 relating to donations shall be applied, both with
respect to the maintenance of the usufruct and to the obligation of the
usufructuary to pay such debts.
The same rule shall be applied in case the owner is obliged, at the time
the usufruct is constituted, to make periodical payments, even if there
should be no known capital. (506)
Art. 599. The usufructuary may claim any matured credits which form a
part of the usufruct if he has given or gives the proper security. If he has
been excused from giving security or has been able to give it, or if that
given is not sufficient, he shall need the authorization of the owner, or of
the court in default thereof, to collect such credits.
 
The usufructuary who has given security may use the capital he has
collected in any manner he may deem proper. The usufructuary who has
not given security shall invest the said capital at interest upon agreement
with the owner; in default of such agreement, with judicial authorization;
and, in every case, with security sufficient to preserve the integrity of the
capital in usufruct. (507)
 
Art. 600. The usufructuary of a mortgaged immovable shall not be
obliged to pay the debt for the security of which the mortgage was
constituted.
 
Should the immovable be attached or sold judicially for the payment of
the debt, the owner shall be liable to the usufructuary for whatever the
latter may lose by reason thereof. (509)
 
Art. 601. The usufructuary shall be obliged to notify the owner of any act
of a third person, of which he may have knowledge, that may be
prejudicial to the rights of ownership, and he shall be liable should he not
do so, for damages, as if they had been caused through his own fault.
(511)
 
Art. 602. The expenses, costs and liabilities in suits brought with regard
to the usufruct shall be borne by the usufructuary. (512)
 
Extinguishment of Usufruct
Art. 603. Usufruct is extinguished:
(1) By the death of the usufructuary, unless a contrary intention
clearly appears;
 (2) By the expiration of the period for which it was constituted, or
by the fulfillment of any resolutory condition provided in the title
creating the usufruct;
(3) By merger of the usufruct and ownership in the same person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person constituting the
usufruct;
(7) By prescription. (513a)
Other Causes for Extinguishment of Usufruct
1.
2.
3.
4.
 
Art. 604. If the thing given in usufruct should be lost only in part, the right
shall continue on the remaining part. (514)
 
Art. 605. Usufruct cannot be constituted in favor of a town, corporation,
or association for more than fifty years. If it has been constituted, and
before the expiration of such period the town is abandoned, or the
corporation or association is dissolved, the usufruct shall be extinguished
by reason thereof. (515a)
 
(Note the amendments of the Corporation Code.)
 
Art. 606. A usufruct granted for the time that may elapse before a third
person attains a certain age, shall subsist for the number of years
specified, even if the third person should die before the period expires,
unless such usufruct has been expressly granted only in consideration of
the existence of such person. (516)
 
Art. 607. If the usufruct is constituted on immovable property of which a
building forms part, and the latter should be destroyed in any manner
whatsoever, the usufructuary shall have a right to make use of the land
and the materials.
 
The same rule shall be applied if the usufruct is constituted on a building
only and the same should be destroyed. But in such a case, if the owner
should wish to construct another building, he shall have a right to occupy
the land and to make use of the materials, being obliged to pay to the
usufructuary, during the continuance of the usufruct, the interest upon
the sum equivalent to the value of the land and of the materials. (517)
This article distinguishes between (a) a usufruct constituted both on the
building and the land; and (b) a usufruct constituted only on the building.
Rules
 
Usufruct on BOTH building and land (but the building is destroyed in any
manner whatsoever before the expiration of the period of the usufruct):
 
1.
2.
3.
 
Usufruct on the building ALONE (but the building is destroyed before the
termination of the period):
 
1.
2.
3.
 
Art. 608. If the usufructuary shares with the owner the insurance of the
tenement given in usufruct, the former shall, in case of loss, continue in
the enjoyment of the new building, should one be constructed, or shall
receive the interest on the insurance indemnity if the owner does not
wish to rebuild.
 
Should the usufructuary have refused to contribute to the insurance, the
owner insuring the tenement alone, the latter shall receive the full
amount of the insurance indemnity in case of loss, saving always the right
granted to the usufructuary in the preceding article. (518a)
 
Payment of Insurance on the Tenement Held In Usufruct
 
This article distinguishes between a case where both the usufructuary and
the naked owner share in the payment of the insurance premium; and a
case where it is only the naked owner who pays because the usufructuary
REFUSED.
 
Proportion in the Contribution or Sharing
 
 
 
Rules
 
If the naked owner and the usufructuary share in the premiums (and the
property is destroyed):
 
1.
2.
 
If the naked owner alone pays for the insurance and the usufructuary has
refused to share (and the property is destroyed):
1.
2.
3.
If the naked owner alone paid for the insurance but there is failure or
omission of the usufructuary to share, the effect is the same as if there was
a sharing, but the usufructuary must reimburse the naked owner his share
of the insurance premium.
 
1.
2.
3.
 
Art. 609. Should the thing in usufruct be expropriated for public use, the
owner shall be obliged either to replace it with another thing of the same
value and of similar conditions, or to pay the usufructuary the legal
interest on the amount of the indemnity for the whole period of the
usufruct. If the owner chooses the latter alternative, he shall give security
for the payment of the interest. (519)
 
Art. 610. A usufruct is not extinguished by bad use of the thing in
usufruct; but if the abuse should cause considerable injury to the owner,
the latter may demand that the thing be delivered to him, binding
himself to pay annually to the usufructuary the net proceeds of the same,
after deducting the expenses and the compensation which may be
allowed him for its administration. (520)
Art. 611. A usufruct constituted in favor of several persons living at the
time of its constitution shall not be extinguished until death of the last
survivor. (521)
 
Art. 612. Upon the termination of the usufruct, the thing in usufruct shall
be delivered to the owner, without prejudice to the right of retention
pertaining to the usufructuary or his heirs for taxes and extraordinary
expenses which should be reimbursed. After the delivery has been made,
the security or mortgage shall be cancelled. (522a)
 
Rights and Obligations at the Termination of the Usufruct
 
On the part of the usufructuary:
1.
1.
2.
 
On the part of the naked owner
 
1.
 2.
3.