OWNERSHIP – is the independent and
general right to enjoy, dispose, and recover a
thing without the further limitations than
those established by law or the will of the
owner.
NOTE:
✓ Once the thing has already been
delivered, ownership is also
transferred to the new possessor.
✓ Questions relating to ownership
should be vested on Ordinary Civil
Action and not on the stipulations
under Land Registration Act as it is
summary in nature, thus, inadequate.
✓ If somebody actually possess a piece
of land and claims to be the owner
thereof, the law raises a disputable
presumption of ownership, thus,
requiring the TRUE OWNER to resort
in judicial process for the recovery of
the property.
✓ The burden of proof in case of
questioning ownership shifts to the
COMPLAINANT.
✓ In all cases, the owner is entitled to
redeem the property WITHIN a period
of 1 year.
Kinds:
1. Full Ownership – includes all the
rights of an owner (e.g right to
possession, control, use, quite
enjoyment, lease, privacy,
dispose/transfer/donate/inherit, and
use as collateral).
2. Naked Ownership – right to use and
the fruits has been denied.
Example: Jane is living in her
brother’s apartment without paying
any rent. Thus, her brother’s standing
is NAKED OWNERSHIP.
NOTE:
Her brother will only have FULL
ownership, when Jane is not there
anymore, or her usufructuary right
has ended.
3. Sole Ownership – vested in ONE
PERSON only.
4. Co-ownership – vested in TWO or
MORE owners.
- Each co-owner, together with the
other co-owners, is the owner of
the whole, and at the same time,
the owner of an undivided aliquot
part thereof.
Incidental Rights:
right to enjoy (possession, use, fruits, and
to exclude others)
right to dispose (right to destroy or abuse,
alienate, transform, and encumber)
right to recover
REAL PROPERTY
1.) accion interdictal (forcible
entry/unlawful detainer) – summary action to
recover for possession of the property
(ejectment cases)
Possession de facto
• FORCIBLE ENTRY - Possession is
hereby deprived through FISTS
(force, intimidation, strategy, threat,
and/or stealth).

-issue is only physical possession,
not juridical nor ownership.
-if forcible entry is not accomplished
through FISTS, it is not a proper
action.
• UNLAWFUL DETAINER – action that
must be brought when possession by
a landlord, vendor, vendee, or other
person of any land or building is being
unlawfully withheld after the
expiration of the right to hold
possession, by virtue of contract,
express or implied.
• Action for both cases must be filed
“within 1 year AFTER such unlawful
deprivation on withholding of
possession”.
• The main issue is POSSESSION
over a thing, to which the right to
damages for the withholding of
possession is merely incidental.
• Example: Squatters refused to
vacate the property even after
demand.
• Example: Tenant refused to vacate
after the expiration of lease
contract/agreement.
• Difference:
In forcible entry, the possession was
unlawful from the very beginning.
Unlawful Detainer, on the other hand,
was lawful in the beginning but become
unlawful afterwards. In both however,
ownership is not involved, but only the
right to possession of the premises.
• Right to Damages:
The plaintiff in both cases are entitled
to damages, not for those cause to
the property (e.g destruction) but for
those caused by his being deprived of
the use/possession of the premises,
such as the use and collection of
fruits.
• Judgement:
If the judgement in ejectment cases is
already FINAL, writ of execution and
writ of demolition may be issued.
NOTE:
✓ Justice of Peace Courts and
Municipal Judges have jurisdiction
over cases involving forcible entry
and unlawful detainer BUT HAVE NO
JURISDICTION TO PRONOUNCE
JUDGEMENT REGARDING
OWNERSHIP.
✓ A mortgage does not have any right
to intervene in an ejectment case
involving only possession, as it is
completely irrelevant to his claim that
the subject matter of the litigation has
been mortgage to him to secure
payment of a loan.
✓ SQUATTER is the term applied to a
person who settles in public and
private land.
✓ A squatter who occupies the land of
another at the latter’s
tolerance/permission without any
contract between them, is
necessarily bound by an implied
promise to vacate the area upon
demand.
✓ Presence of squatters will not
authorize the suspension of payment
of the price.
 ✓ From the time the lessee begins
paying monthly rentals LESS than the
agreed amount, he is in DEFAULT,
and can be considered as illegally
possessing the property, where
despite the demand, he refuses to
pay or to vacate the property.
2.) accion publiciana – plenary action to
recover possession of the property based on
the right of ownership
• Issue involved: OWNERSHIP.
• concerned of WHO HAS A BETTER
RIGHT?
• Must be brought within 10 years,
otherwise the real right is lost.
• Issue is not possession de facto, but
possession de jure.
FACTS: Cunanan, in an accion publiciana
sued in the CFI (now RTC) a certain
Basaran, alleging that the latter had usurped
the former's property for over a year before
Cunanan instituted the action. On the basis
of this allegation in the complaint, does the
CFI (now RTC) have jurisdiction over the
case?
HELD: Yes, for more than one year had
elapsed since the usurpation. If only one year
or less had elapsed, the action should have
been instituted in the municipal court (as a
forcible entry or as an unlawful detainer case
depending on the facts alleged).
TWO KINDS:
1.Where the entry was not obtained
through FISTS.
• This can be brought as soon as the
dispossession takes place without
waiting for the lapse of 1 year.
2.Where the 1-year period for bringing
Forcible Entry and Unlawful Detainer has
already expired.
3.) accion reinvindicatoria - plenary action
to recover possession of the property
• Issue involved: OWNERSHIP.
• Evidence of title or mode may be
introduced.
• Must be brought in Regional Trial
Court (RTC) as to where the property
is situated.
• Must be brought within 10-30 years.
• Example: When brothers, through
fraudulent representations have been
able to succeed in obtaining title in
their names of a parcel of land,
thereby depriving their sister of her
rightful share in the inheritance, a
constructive trust is created in favor
of said sister. She has therefore the
right to vindicate the property
regardless of the lapse of time.
NOTE:
✓ If the property has not yet passed
to an innocent purchaser for
value, such action is still
available.
✓ If the property has already been
passed to an innocent purchaser
for value, the action is one for
damages.
4.)writ of injunction – may be availed in (1)
the original case of forcible entry and (2)
during the appeal in the case of unlawful
detainer to restore their possession.
 ✓ Issued to protect substantial right and
interest.
✓ It is a judicial writ, process or
proceeding whereby a party is
ordered to do or refrain from doing a
certain act.
• ORIGINAL CASE OF FORCIBLE
ENTRY – a possessor deprived of his
possession thru forcible entry may
within 10 days from filing of the
complaint present a motion to secure
from the competent court, in the
action of forcible entry, a writ of
preliminary injunction to restore him
in possession.
• APPEALED CASE OF UNLAWFUL
DETAINER – in ejectment cases
where an appeal is taken, the remedy
ranted in Art. 539, second paragraph,
shall also apply, if the higher court is
satisfied that the lessee’s appeal is
frivolous or dilatory, or that the
lessor’s appeal is prima facie
meritorious. The period of 10 days
referred to in said article shall be
counted from the time the appeal is
perfected.
NOTE:
✓ A person deprived of his possession
of real or personal property is not
allowed to avail himself in this action.
5.)writ of possession – used in connection
with the Land Registration Law is an ORDER
directing to the sheriff to place a successful
registrant/owner under the Torrens System in
possession of the property covered by a
decree of the court.
• May be issued ONLY against the
person DEFEATED in the registered
case, and anyone on lawfully and
adversely occupying the land or any
portion thereof during the proceeding
up to the issuance of the final decree.
• Any person unlawfully and adversely
occupying said lot at any time up to
the issuance of the final decree, may
be subjected to judicial ejectment by
means of a writ of possession, and it
is the duty of the Registered Court to
issue the said writ until when asked
for by the successful claimant.
• If the writ of possession implies
delivery of possession on the land to
the successful litigant therein, a writ
of demolition must likewise issue,
otherwise, the writ of possession may
be ineffective.
NOTE:
✓ If the writ of possession has been
issued once, it will not be issued
again.
6.)accion pauliana – action to
rescind/cancel contracts in fraud of creditors.
PERSONAL PROPERTY
7.)replevin – proper action to recover
personal property that may have been
wrongfully obtained by another.
Example: Purchasing a motor vehicle under
chattel mortgage. Due to the failure of
payment, the creditor has the right to
possess or take back the property after the
order of delivery.
NOTE:
✓ Before filing replevin, the applicant
may first apply for an order of delivery
of such personal property.
✓ As to properties sought to be
removed, the court sustains the
possession by plaintiff of all
equipment and chattels recovered by
virtue of writ of replevin.
LIMITATIONS ON OWNERSHIP
1. Specific limitations imposed by
law.
• When the law says so.
• Example: Easement of waters and
right of way (legal easements or legal
right of way)
2. General limitations imposed
through the inherent power of the
State (Police Power, Power of
Taxation, and Power of Eminent
Domain
(Expropriation/Condemnation -
taking of lands for public use.)

• POLICE POWER
✓ Vested primarily in
POSSESSION AS PART OF OWNERSHIP: Congress of the
Philippines.
✓ is the right of the State to
If a court of competent jurisdiction declared regulate and restrict
that a party is the owner of a property, it personal and property
follows that the owner is entitled to rights for the common
possession, the delivery of possession is good. This promotes
included (De Leon vs. Public Estate health, morals,
Authority, 2010). education, safety, and
general welfare of the
➢ Possession is like an accessory right.
people.
Thus, whoever has the ownership, he
✓ private property is
has the possession.
impaired or destroyed in
➢ POSSESSION follows OWNERSHIP.
the interest of public weal
WITHOUT FINANCIAL
COMPENSATION
Whoever held a Torrens Title in his name is provided that (a) the
entitled to the possession of the land covered public interest is served
by the title. Possession, which is the holding and (b) the means used
of a thing or the enjoyment of a right, is but are not unduly harsh,
an attribute of their registered ownership abusive, or oppresive.
(Abon vs. Abon, 2012). What is in return is healthy
economic standard of
society.
 • POWER OF TAXATION • EMINENT
DOMAIN/CONDEMNATION
✓ is the inherent power of the
State to raise income or
revenue to defray ✓ A superior right of the State to own
necessary governmental certain properties under certain
expenses for public conditions and may be exercise even
purpose. over private properties of cities and
✓ real and personal property municipalities, and even over lands
may be taxed, and unless registered with a Torrens Title.
the taxes are paid there is ✓ Right of the State to acquire private
danger that the property property for public use upon payment
may be seized and of just compensation.
confiscated by the ✓ Based on the need for human
government. progress and community welfare or
✓ The sale and forfeiture of development.
the property to the
government in the absence
of bidders operate to NOTE:
discharge tax claims up to
the value of the property
forfeited.
▪ Eminent Domain refers to the “right”,
✓ The remedy by
Expropriation refers to the
RESTRAINT and LEVY
“procedure”, through which the right
may be repeated, if
is exercised.
necessary, until the full
amount due, including all
▪ REQUISITES:
expenses, is collected.
NOTE: 1. Taking by competent authority;

▪ Real property tax shall be assessed • Authority by virtue of a grant- persons

in the name of the person “owning or or corporations offering public
administering” the property on which services.
the tax is imposed.
• National Government (through the
▪ A tax declaration in the name of a
President of the Philippines)
person who has NO
• Provinces (through the Provincial
SUCCESSIONAL or
Board, with the approval of the
ADMINISTRATIVE rights to a
Executive Secretary of the President)
decedent’s (dead) estate is null and
void.
2. Observance of due process of law;
▪ When coupled with proof of actual
possession, tax declarations and
• No person shall be deprived of
receipts are strong evidence of
property without due process of law;
ownership.
Rule 67- Expropriation-of the Rules of
Court.
 3. Taking for public use;
• The reasonable necessity for the
public use intended.
Examples: Market sites and market
stalls, military and aviation purposes,
roads, streets, public buildings, including
schoolhouses, cemeteries, widening of
existing roads, and Land needed by
railroad companies for their railroad.
4. Payment of just compensation
▪ a fair and full equivalent of the loss
sustained.
▪ There must be a proper expropriation
proceeding.
▪ A mere notice of intention of the state
to expropriate the land in the future
cannot prevent a landowner from
alienating the property, for after all the
condemnation proceedings may not
be instituted.
▪ Even while proceedings have already
began, it is possible that a sale to a
person willing to assume the risk of
expropriation may be considered
valid.
▪ An entity can be held liable for
damages for unlawful trespass if the
proper procedure has not been first
resorted to.
Market value + Consequential Damages-
Consequential Benefits = just
compensation
EXAMPLE: If the market value is P1 million,
the consequential damages amount to
P500,000, and the consequential benefits
are valued at P1.5 million, how much should
be the "just compensation"?
ANS.: Following the formula stated in the
case of MRR v. Velasquez (supra), the
answer would be P1 million + P500,000 -
P1.5 million equals ZERO. But as has been
stated, this is not the proper solution for the
benefits should be set off only against the
damages. Therefore, the correct solution
is P1 million + P500,000 - P500,000 equals
P1 million. This is because the
consequential benefits considered should
not exceed the consequential damages.
3. Limitations imposed by the
grantor or transferor.
• Conditions imposed by the
DONOR.
• Example: I will only give the
house to Donna, my daughter, if
will be married to my friend’s son.
4. Inherent limitations arising from
conflict with other rights.
• Nuisance – prohibits certain
activities or certain uses of
properties because they post
some threat, harm, hazard
disturbance, and inconvenience
to the neighbors.
• Example: I cannot blow a
saxophone at night for I would
unduly disturb the rights of others
to a peaceful sleep.
• Example: I can burn my house if
it is situated in an isolated area.
 However, I should not do it if it is
situated in Manila, a busy district
where there are many houses.
5. Limitations imposed by the owner
himself.
• Restrictions imposed by lease
contract.
• Examples:
No pets allowed.
No male guests are allowed.
DOCTRINES OF OWNERSHIP (balancing
of interests)
1. Doctrine of Self-help/Hot
Pursuit Doctrine
• based on right to self defense,
namely, the right to counter, in
certain cases, force with
force.
• Example: I have a car; I see a
thief about to get it. I can use
force in driving the thief away,
provided that the means I
resort to are reasonable. If,
however, I lose sight of him,
and I see him only two days
later, I will not be justified in
taking the law into my own
hands.
• Example: I found Clarisse’s
pig in my backyard with
plants. The proper thing for
me to do is to drive the pig
away, and file a civil action
against the owner of the pig
for damage of the plants. It
would be wrong for me if I
shoot the pig to death.
Requisites:
✓ There must be actual physical
invasion or usurpation.
✓ Reasonable force is
exercised. (not speculation)
✓ The forced is exercised by the
owner or lawful possessor
(may also include agents, e.g
guards, driver, household).
✓ There is no delay in the
exercise.
NOTE:
▪ the concept of self-defense is that it
must be immediate reaction to the
threat or to the harm.
2.Right to Enclose
Art. 430. Every owner may enclose or
fence his land or tenements by means of
walls, ditches, live or dead hedges, or by
any other means without detriment to
servitudes constituted thereon.
• Hence, this can be done by erecting
fences and walls to exclude others.
3.) ARTICLE 431
The owner of a thing cannot make use
thereof in such a manner as to injure the
rights of a third person.
Sic Utere Tuo Ut Alienum Non Laedas
Example: Sewage should be disposed fairly
and in consideration of the rights and welfare
or convenience of your neighbors.
4.) ARTICLE 432 (Doctrine of State of
Necessity or Incomplete Privilege)
The owner of a thing has no right to
prohibit the interference of another with
the same. If the interference is necessary
to avert an imminent danger and the
threatened damage compared to the
damage arising to the owner from the
interference is much greater.
Example #1: If your land is unfenced, the
neighbor might enter your property
temporarily in order to avoid a damage injury
or harm happening with this property. You
cannot own and use your property in isolation
of the rights of others, so you have to be
considerate.
Example #2: To prevent the fire from
spreading and thus burning valuable houses,
firemen may destroy barong-barongs
between the fire and the shacks so as to stop
the fire. The owners of the barong-barongs
have no right to interfere. However, the
owners of the buildings save will have to
compensate the owners of the shacks
destroyed.
NOTE: We can allow a few
inconveniences because someone else's
suffering a greater harm or damage than
yours, or the new damage to
inconvenience.
5.) Art. 433. Actual possession under a
claim of ownership raises a disputable
presumption or ownership. The true
owner must resort to the judicial process
for the recovery of the property.
Doctrine of Disputable presumption of
ownership
Requisites:
1. Actual possession; and
2. Claim of ownership
NOTE:
• This article applies to both immovable
and movable property.
6.) Art. 436. When any property is
condemned or seized by competent
authority in the interest of health, safety
or security, the owner thereof shall not be
entitled to compensation, unless he can
show that such condemnation or seizure
is unjustified.
Seizure as an Exercise of Police Power –
"The welfare of the people is the supreme
law of the land."
• to abate the nuisance; public or
private, nuisance per se or per
accidens.
• to destroy a house so that fire would
not spread.
• to require tenements to be connected
to city sewers.
 • to remove billboards that are
offensive to sight.
7.) ARTICLE 437 (Surface and Sub-
surface Rights) – extent of ownership
The owner of a parcel of land is the owner
of its surface and of everything under it,
and he can construct thereon any works,
or make any plantations and excavations
which he may deem proper without
detriment to servitudes and subject to
special laws and ordinances. He cannot
complain of the reasonable requirements
of aerial navigation.
• If a person owns a piece of land, it is
understood that he also owns its
surface, up to the boundaries of the
land, with the right to make thereon
allowable constructions, plantings,
and excavations subject to:
(a) servitudes or easements;
(b) special laws – like the Mining Law
(c) ordinances
(d) the reasonable requirements of aerial
navigation; and
(e) principles on human relations (justice,
honesty, good faith) and the prevention of
injury to the rights of third persons.
Example: unnecessary obstruction of the
light and view of a neighbor.
Example: He can drill and make a water
source.
➢ BUT as far as aerial navigation
airspace, the same article provides
that the property owner must comply
with requirements of navigation.
Example: If you live near an airport, you
cannot have 100 story building there.
NOTE:
✓ It is understood that the REGALIAN
DOCTRINE (state ownership of
mines and natural resources)
stressed in the constitution and
implemented in the Mining Law, must
be observed. Hence, mines
discovered underneath the land
should belong to public dominion
inasmuch as they are properties for
the development of our national
wealth.
✓ Thus, if a person is the owner of
agricultural land in which minerals are
discovered, his ownership of such
land does not give him the right to
extract or utilize the said minerals
WITHOUT the permission of the
State to which such minerals belong
(that is why in case of mining, the
State requires MINING PERMIT to
waive their right to whatever be
discovered in the area.)
7.) HIDDEN TREASURES – is any hidden
and unknown deposit of money, jewelry, or
other precious objects, the lawful ownership
of which does not appear.
General Rule: hidden treasures belong to the
owner of the land, building, or other property
(real or personal) on which it is found.
Exception: If the finder is not the owner, the
owner is entitled to ½ and the finder is
NOTE: Under the Family Code, if the finder
entitled to the ½, provided that:
is married, the share in the hidden treasure
shall be conjugal property, not exclusive.
➢ Discovery was made on the property
of another, or of the State or any of its
Although it says conjugal property, we also
political subdivisions.
apply this to Community Property. So, the
share of a spouse in the hidden treasure
➢ The finding was made by chance (or
shall go through the conjugal partnership as
by stroke of good luck. e.g the one
well as the absolute Community Property.
who look for hidden treasure on the
property of another with the latter’s
permission).

➢ The finder is not a co-owner of the

property where it is found.

➢ The finder is NOT a trespasser,

otherwise, he is not entitled to
anything.

➢ In the case of paid laborers, a

distinction must be maid:

If he really discovered the property by

chance, he gets half. If, on the other
hand, he had been employed
precisely to look for the treasure, HE
WILL GET NOTHING in so far as the
treasure concerned. Of course, he
will get his wage or salary.

➢ If the hidden treasure is found by

chance under a municipal plaza, half
goes to the finder and the other half
to the municipality. HOWEVER, if the
treasure is SCIENTIFICALLY
VALUABLE (e.g paintings), the
finder’s half has to be given to the
municipality, who in turn will give him
a JUST PRICE, therefore.