Introduction
composition. (see Art. 721)
MODULE 1
Introduction
What is Property?
• Property is defined as anything that is or can
be appropriated. (See Art. 414)
What does appropriation mean?
• To make one’s own
• To subject to ownership
• This simply means that anything that can be
owned, or is already owned is
considered “property”. In this definition, it is
clear that ownership (or the
possibility of ownership) is material to the
concept of Property.
• Note that all property are things, but not all
things are property.
Introduction
• Because ownership (or its acquisition) is
material to the definition of what a property is,
What are the modes of acquiring ownership
under our laws?
PISTOL-D (Art. 712)
• Prescription - By prescription, one acquires
ownership and other real rights through the
lapse of time in the manner and under the
conditions laid down by law. (Art.1106)
• Intellectual Creation – This simply means that
if a composer makes a musical
composition, he will be the owner of that
• Succession - Succession is a mode of
acquisition by virtue of which the property,
rights and obligations to the extent of the value
of the inheritance, of a person are transmitted
through his death to another or others either by
his will or by operation of law. (Art. 774)
• Traditio (delivery) – This can be a mode of
acquiring ownership if the delivery is made in
consequence of certain contracts. (see Art. 712)
• Occupation - Things appropriable by nature
which are without an owner, such as animals
that are the object of hunting and fishing,
hidden treasure and abandoned movables, are
acquired by occupation. (Art. 713)
• Law – This simply means that ownership can
be acquired by provision of law. (Ex: Art.438 –
this provision governs ownership of hidden
treasures.)
• Donation - Donation is an act of liberality
whereby a person disposes gratuitously of a
thing or right in favor of another, who accepts
it. (Art. 725)
• Note that in this subject, we will cover
Occupation and Donation. The other modes will
be covered by your other subjects.
Are all things considered property?
• No. Property is defined as anything that is or
can be appropriated. If a thing is not
appropriated AND it cannot be appropriated,
then it is not considered property.
• Note that the term property is not limited to
tangible or corporeal things, under our law,
intangible or incorporeal things may be
property.
• Ex: ideas like a musical composition can be
property.
Classification of Things
• Res nullius – belonging to no one (yet to be
owned)
Ex: wild animals
• Res communes – belonging to everyone
(cannot be owned
individually)
Ex: air, wind, sunlight
Res alicujus – belonging to someone (already
subjected to ownership)
Ex: pen, book
Classification of Property (and why is it
important)
Classification of Property
As to Mobility and Non-mobility
• Personal or movables
• Real or immovables
Example of different rules: under the law on
donation, different formalities are required
for personal property and real property.
As to Ownership
• Properties of public dominion
• Properties of private dominion
Example of different rules: under the law on
prescription, properties of public dominion
cannot be acquired through prescription, while
properties of private dominion can be acquired
through prescription.
As to Existence
• Present property
• Future property
Example of different rules: under the law on
donations, future property cannot be donated.
As to Alienability
• Within the commerce of man
• Outside the commerce of man
Example of different rules: under the law on
contracts, if the object of a contract is a thing
that is outside the commerce of man, then the
contract will be void.
Materiality or Immateriality
• Tangible or corporeal
• Intangible or incorporeal
Example of different rules: under the law on
sales, tangible and intangible properties require
different modes of delivery to transfer
ownership.
Dependence or Importance
• Principal
• Accessory
Example of different rules: under the law on
accession, there is a general rule that states
that the accessory follows the principal. It is
material to know which between two attached
properties is the principal and the accessory.
Capability of Substitution
• Fungible
• Non-fungible
Example of different rules: under the law on
usufruct, different rules will govern if the object
of the usufruct is fungible or non-fungible.
Nature or Definiteness
• Generic
• Specific
Example of different rules: under the law on
obligations, loss of a generic thing will not
extinguish the obligation to deliver a generic
thing. While loss of a specific thing generally
extinguishes the obligation to deliver that
specific thing.
Whether in custody of the court
• Property in custodia legis
• Free property
• Example of different rules: under the rules of
civil procedure, an action for replevin (recovery
of possession of personal property) cannot be
used against properties in custodia legis.
Classification of Property as to
Mobility
Module 2.1
ARTICLE 414. All things which are or may be
the object of appropriation are considered
either:
• (1) Immovable or real property; or
• (2) Movable or personal property.
What are the two kinds of properties
indicated in Art. 414?
• Immovable and movables.
Why is it important to know whether a
property is real or personal?
• It is important to know because different laws
govern each kind.
Can the parties decide on the classification of
properties? Can a party decide to classify a
parcel of land as personal?
• No. it is the law which dictates the
classification of a property and not the will of
the parties.
• Note however, that if they do so classify, they
are estopped from questioning such erroneous
classification.
What is the principle of estoppel?
• It is a principle which precludes a person from
asserting something contrary to what is implied
by a previous action or statement of that
person.
Example:
A decided to mortgage his building in favor of B.
They agreed to treat the building as personal
thus they entered into a chattel mortgage
instead of a real estate mortgage. (in this case,
the building is still real property, BUT the parties
cannot question the error in the chattel
mortgage because they are prevented by the
principle of estoppel)
ARTICLE 415
ARTICLE 415. The following are immovable
property:
(1) Land, buildings, roads and constructions of
all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they
are attached to the land or form an integral
part of an immovable;
(3) Everything attached to an immovable in a
fixed manner, in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects
for use or ornamentation, placed in buildings
or on lands by the owner of the immovable in
such a manner that it reveals the intention to
attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may
be carried on in a building or on a piece of
land, and which tend directly to meet the
needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives,
fish ponds or breeding places of similar nature,
in case their owner has placed them or
preserves them with the intention to have
them permanently attached to the land, and
forming a permanent part of it; the animals in
these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and
waters either running or stagnant;
(9) Docks and structures which, though
floating, are intended by their nature and
object to remain at a fixed place on a river,
lake, or coast;
(10) Contracts for public works, and servitudes
and other real rights over immovable property.
What are the academic classifications of real
property?
Real property by nature
• Properties by their own nature are immovable
Ex: Lands.
Real property by incorporation
• Properties made immovable because they are
attached to an immovable
Ex: Buildings (attached to the soil)
What are the academic classifications of real
property?
Real property by destination
• Properties considered immovable because of
their purpose
Ex: Machineries (Par. 5)
Real property by analogy
• Properties considered immovable because of
a legal provision
EX. Contracts for public works (Par. 10)
(1) Land, buildings, roads and constructions of
all kinds adhered to the soil;
How many real properties are included in par.
1 or Art. 415?
• Two. Lands and constructions of all kinds
(including buildings LOL), adhered to the soil.
Is land an immovable property?
• Yes under Art. 415, SO LONG AS it is adhered
to the soil. This means that a shovelful of
dirt(soil) is no longer considered real property.
Are buildings immovable property?
• Yes, provided these three elements are
present:
1. The constructions are more or less
permanent structures
2. The constructions substantially adheres to
the land
3.There is intent of permanent annexation
(intent to attach the construction permanently
to the land)
Is it required that the one who made the
construction is the owner of the land?
• No. There is no such requirement by the law.
• But note that if the construction was not
made by the owner of the land, there can be an
indication that there is no intention of
permanent annexation.
Are Shipping Container Homes considered real
property under Par. 1 of Art. 415?
• No, these container homes are not adhered to
the soil.
If the building is already destroyed, are the
materials are considered real property?
• No more. It is not among those enumerated
under Art. 415.
Can parties treat buildings as personal
property?
• Yes. The parties to a contract involving a
building may stipulate that the building be
treated as personal property. However, such
stipulation will not change the character of the
building as personal property. It is the law
which classifies property into real or personal.
• In this case however, the principle of estoppel
applies.
Ex: A decided to mortgage his building in favor
of B. They agreed to treat the building as
personal thus they entered into a chattel
mortgage instead of a real estate mortgage.
Can A and B do this?
• Yes.
One element of validity of a chattel mortgage
is its registration with the registry of property.
Can A and B register their agreement?
• Yes.
Can the registrar refuse to register the
agreement on the ground that the property is
real and not personal?
• No. the duty of the registrar is ministerial in
nature. The registrar cannot refuse to register.
It is not the duty of the registrar to determine
the validity of the agreement.
Will the registration bind third persons?
• No, the Supreme Court has held the mortgage
is still void insofar as third persons are
concerned because the chattel mortgage
contains real property.
• BUT again, as to the parties, they are bound
by their representations by reason of the
principle of estoppel. This means that the
parties cannot question the validity of the
chattel mortgage on the ground that the
building is real property and not personal.
(2) Trees, plants, and …
• (2) Trees, plants, and growing fruits, while
they are attached to the land or form an
integral part of an immovable;
Are trees, plants, and growing fruits real
property? What are the requisites for them to
be considered real property?
• Yes, PROVIDED they are attached to the land
OR form an integral part of an immovable.
• Integral = essential (Ex. In a timber land, even
uprooted timber are considered real property
because they form an integral part of the
immovable timber land.
• Note that if the trees, plants, and growing
fruits are not attached to the land nor form an
integral part of an immovable, then they are not
real property under Par. 2.
• NOTE however that under the chattel
mortgage law, growing crops are considered
personal property. This simply means that if the
subject of a chattel mortgage are growing crops,
they are considered personal property
notwithstanding Art. 415 of the Civil Code.
This is an exception to Art. 415 by provision of
law (chattel mortgage law).
• Moreover, sale of growing crops are
considered sale of personal property. Because
they are sold in the understanding that they are
to be gathered.
Is it essential that the one who planted the
trees or growing crops is the owner of the land
for the trees or growing crops to be considered
real property?
• No. there is no distinction provided by the
law. What is required is that they are attached
to the land or they form an integral part of an
immovable.
3) Everything attached to an immovable in a
fixed manner….
• 3) Everything attached to an immovable in a
fixed manner, in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object;
When is a thing attached to an immovable is
also considered an immovable?
• When the thing is attached to an immovable
in a fixed manner.
When is the attachment considered fixed?
• If the attachment is in such a way that it
cannot be separated therefrom without
breaking the material or deterioration of the
object.
• Note that the damage due to the separation
must be substantial in order to consider the
attached thing as immovable.
What object?
• The immovable upon which the thing is
attached. (Board of Assessment Appeals v.
Meralco)
Is it required that the thing be attached by the
owner of the immovable?
• No. there is no such requirement. The only
requirement is that the thing is attached in a
fixed manner in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object.
(4) Statues, reliefs, paintings…
• (4) Statues, reliefs, paintings or other objects
for use or ornamentation, placed in buildings or
on lands by the owner of the immovable in such
a manner that it reveals the intention to attach
them permanently to the tenements;
What are the requisites before statues, reliefs,
or paintings are considered real property?
• It must be placed by the owner of the land,
building, or tenement to which it is placed. (or
placed by an agent or a person under the
authority of the owner of the immovable)
• It must be placed in such a manner as to
reveal the intention to attach them
permanently to the tenements.
Are paintings placed by a tenant in a rented
building considered real property?
• No. for paintings to be considered real
property, it must be placed by the owner of the
building. If it is placed by a tenant, it is
considered personal property. (unless it will fall
in some other category under Art. 415)
(5) Machinery, receptacles, instruments or
implements…
• (5) Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may
be carried on in a building or on a piece of land,
and which tend directly to meet the needs of
the said industry or works;
What are the requisites before machineries
can be considered as real property?
• It must be placed on a land or in a building
• It must be placed by the owner (or his agent)
• The machinery must tend directly to meet the
need of an industry or work
• The industry or work must be carried on in a
building or on a piece of land
• The machinery must be essential to the
industry and not merely incidental
Ex: printers in a printing press business placed
in a building by the owner.
If the machineries are not placed by the
owner, are they considered real property
under par. 5?
• No. for machineries to be considered real
property under par. 5, it must be placed by the
owner of the land or the building.
• Note however that the SC held that if the
machinery that was placed by a tenant will be
transferred to the owner of the building, then
such machinery is considered as real property.
(in this case, it is as of the tenant is acting as the
agent of the owner in placing the machinery)
If the machines are still placed in a building,
but the industry or works is no long pursued,
are the machineries still considered real
property?
• No more. For machineries to be considered
real property, they must tend directly to the
needs of the industry or work. If there is no
longer an industry or work, then this requisite is
not met.
• Note that Machineries are real property by
destination. This means that they are
considered real property because of their
purpose. If the purpose is no longer there, then
it is no longer considered real property under
Par. 5 of Art. 415.
Are Meralco posts considered real property
under par. 5 of Art. 415?
• No. They are not machineries that are
intended for an industry carried on in a building
or a piece of land.
NOTE HOWEVER…
• Manila Electric Company v. The City Assessor
and City Treasurer of Lucena City (Aug. 5, 2015)
• The SC held in this case that electric posts are
considered real property for Real Property Tax
purposes because of the provisions contained
under the Local Government Code.
• Note that the electric posts are still not
considered real property under the
Civil Code, but it is now subjected to Real
Property Tax.
(6) Animal houses, pigeon-houses, beehives,
fishponds or breeding places of similar
nature…
• (6) Animal houses, pigeon-houses, beehives,
fishponds or breeding places of similar nature,
in case their owner has placed them or
preserves them with the intention to have them
permanently attached to the land, and forming
a permanent part of it; the animals in these
places are included;
• Note that for these animal houses, fishponds,
etc. to be considered real property, it must be
placed by their owner with the intention of
permanent annexation. (similar to the
requirement of Par. 1, Art. 415)
Suppose the animals are temporarily outside
of the places mentioned in par. 6 Art 415, are
they considered real property?
• Yes, so long as they have the intention to
return.
• Note however that under criminal law, they
are considered personal property.
This means that even if the animals are real
property under the Civil Code, they can be the
object of theft.
• Under criminal law, only personal property
can be the subject of theft.
(7) Fertilizer actually used on a piece of land;
• (7) Fertilizer actually used on a piece of land;
• Just note that the fertilizers must actually be
used on a piece of land. If it is not yet used,
then they are considered personal property.
(8) Mines, quarries, and slag dumps….
• (8) Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and
waters either running or stagnant;
What are slag dumps?
• It is the dirt and soil taken from a mine and
piled upon the surface of the ground.
• Note that everything that is contained in the
slag dump is considered real property until they
are extracted. As in the case of minerals
contained in the slag dumps.
• Waters – these are the waters running or
stagnant in a mine or quarry. They are
considered real property.
(9) Docks and structure….
• (9) Docks and structures which, though
floating, are intended by their nature and object
to remain at a fixed place on a river, lake, or
coast;
Are vessels considered real property under
par. 9 of Art. 415?
• No. Vessels are not intended by their nature
and object to remain at a fixed place on a river,
lake, or coast.
• Note however, that because of the
importance of vessels in commerce, it is
sometimes treated as real property. (It must be
registered and in cases of double sales, it is
treated as real property.)
(10) Contracts for public works…
• (10) Contracts for public works, and servitudes
and other real rights over immovable property.
• The things referred to under par. 10 are not
material things but rights.
• Note however, that for a right to be
considered immovable, it must be right over an
immovable. If it is a right over a movable
property, then that right is personal and not
real.
• Note: leases that are registered or have a
duration for more than a year are
considered real rights. (if the lease is for exactly
one year, then it is a personal right, and thus,
personal property)
ARTICLE 416
• ARTICLE 416. The following things are
deemed to be personal property:
(1) Those movables susceptible of
appropriation which are not included in the
preceding article;
(2) Real property which by any special
provision of law is considered as personalty;
(3) Forces of nature which are brought under
control by science; and
(4) In general, all things which can be
transported from place to place without
impairment of the real property to which they
are fixed.
What are the tests to determine if a property is
personal property?
Test by description
• If capable of being moved from place to place
without injuring the real property to which they
are fixed (Par. 4, Art. 416)
Test by exclusion
• If not included under Art. 415 (Par. 1, Art. 416)
• Test by exclusion is controlling.
(1) Those movables susceptible of
appropriation which are not included in the
preceding article;
• This is the test of exclusion.
• Note that this is the best way to determine
whether a property is real or personal. My
suggestion to you is to use this test every time
you asked to determine whether a certain
property is real of personal.
(2) Real property which by any special
provision of law is considered as personalty
Examples:
• Growing crops under the Chattel Mortgage
Law
• Growing crops under the law on sales
• Animals in animal houses under Criminal Law
(3) Forces of nature which are brought under
control by science;
• These are forces that are controlled by
persons through the use of technology.
Ex: currents of rivers to produce electricity. The
electricity produced is considered personal
property.
(4) In general, all things which can be
transported from place to place…
• This is the test by description.
• Note that this is not a reliable way to classify
property as personal property. As you should
know by now, immovable properties under
Art. 415 are not literally “immovable” (animals,
machineries, etc.).
This is the reason why the test by exclusion is
superior to this test.
ARTICLE 417
ARTICLE 417. The following are also considered
as personal property:
(1) Obligations and actions which have for
their object movables or demandable sums;
and
(2) Shares of stock of agricultural, commercial
and industrial entities, although they may have
real estate.
Are obligations and actions personal
property?
• Yes, provided that their object is also
movables or demandable sums. If their object is
real property, then it will fall under Art. 415
(10). – other real rights over immovable
property.
Are shares of stocks in agricultural,
commercial, and industrial entities personal
property?
• Yes.
Ex: A, B, C, D, and E owns 20 shares each in
Corp. XYZ. All of the properties of Corp. XYZ
consists of lands. Are the shares of stock of all
of them real or personal?
• The shares of stocks of all of them are
personal property.
• Art. 417 of the Civil Code provides that shares
of stocks are considered personal property
although the entity to which they pertain only
owns real property.
• In this case, although Corp. XYZ only owns
lands, which are real properties, the shares of
stocks of A, B, C, D, and E are still personal
property by express provision of the law.
• Hence, the shares of stocks of all of them are
personal property.
• Note that the phrase “shares of stock” does
not limit the application of Art. 417 (2) to
corporations. Art. 417 (2) is also applicable to
shares of partners in a partnership.
ARTICLE 418
• ARTICLE 418. Movable property is either
consumable or nonconsumable. To the first
class belong those movables which cannot be
used in a manner appropriate to their nature
without their being consumed; to the second
class belong all the others.
What are the classifications of personal
property under Art. 418?
• Consumables and non-consumables.
What are consumable properties?
• They are movables which cannot be used in a
manner appropriate to their nature without
their being consumed.
• All the others are non-consumable.
What are fungible properties?
• Fungibles are properties capable of
substitution or replacement.
• Fungibility or non-fungibility is based on the
intention of the parties and not on the nature of
the object. (it relates to the replaceability, not
consumability.)
Classification of Property in relation to whom
it belongs
Module 2.2
ARTICLE 419
ARTICLE 419. Property is either of public
dominion or of private ownership.
• Public dominion = owned by the state. [not by
the government; but of course, the government
is the machinery that expresses the will of the
state thus it is the government that controls
state property]
ARTICLE 420
ARTICLE 420. The following things are
property of public dominion:
(1) Those intended for public use, such as
roads, canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores,
roadsteads, and others of similar character;
(2) Those which belong to the State, without
being for public use, and are intended for some
public service or for the development of the
national wealth.
What are the three kinds of properties of
public dominion?
• Those intended for public use, such as roads,
canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores,
roadsteads, and others of similar character
• Those which belong to the State, without
being for public use and are intended for some
public service.
• Those which belong to the State, without
being for public use and are intended for
development of the national wealth.
Characteristics of properties of public domain
What are the characteristics of properties of
public domain?
1. Outside the commerce of men
2. Cannot be leased, sold, or be the object of a
contract.
• Except for repairs or improvements
3. Cannot be acquired by prescription
4. Properties of public domain cannot by
acquired through prescription no matter the
length of adverse possession.
5. Cannot be registered under the Land
Registration Law (Torrens System).
• If erroneously registered, the land remains to
be property of public dominion.
6. Cannot be levied upon execution, nor can
they be attached.
7. Cannot be attached by persons filing cases
against the government/state.
• In general it can be used by everybody
• Note that this is applicable to Par. 1 of Art.
420.
• They may either be real or personal
• Art. 420 did not restrict properties of public
dominion to real property.
Personal property can be property of public
dominion. (Ex. Police cars under Par. 2, Art. 420
– intended for some public service)
Outside the commerce of men
• This simply means that properties of public
domain for public use cannot be the object of
contracts.
• In case, they become the subject of a
contract, the contract will be void.
• Note that it is not required that the property
be of public dominion from the start. It can be
of private ownership (thus may be the object of
a contract), then converted to public ownership.
In this case, the property will still be outside the
commerce of men.
Cannot be acquired by prescription
• Prescription is a mode of acquiring ownership
through adverse
possession for a certain period of time.
Real property
• If the possession is in good faith = 10 years
• If the possession is in bad faith = 30 years
Personal property
• If the possession is in good faith = 4 years
• If the possession is in bad faith = 8 years
• In the case of properties of public dominion, it
cannot be acquired through prescription.
• ARTICLE 1113 (Civil Code). All things which are
within the commerce of men are susceptible of
prescription, unless otherwise provided.
Property of the State or any of its subdivisions
not patrimonial in character shall not be the
object of prescription.
Cannot be registered under the Land
Registration Law (Torrens System).
Will a private individual who successfully
registers property of public dominion acquire
ownership over the land?
• No. Registration is not a mode of acquiring
ownership. Moreover, properties of public
dominion cannot be registered under the
Torrens System of Land Registration.
What is the remedy of the State in this case?
• The remedy is an action for reversion of
inalienable public lands which are erroneously
registered in the name of private individuals.
The registrant is already in possession of the
land for 50 years. Can the State still question
the erroneous registration?
• Yes. Properties of public domain cannot be
acquired by prescription. No matter how long
the possession of the private individual, if the
land is a property of public domain then the
State can always ask for the reversion of such
land.
Cannot be levied upon execution, nor can they
be attached.
• This simply means that in an action against
the State, the complainant or the plaintiff
cannot ask the court to attach properties of
public dominion to ensure satisfaction of the
judgment in case it is favorable to the
complainant, or to execute against properties of
public dominion.
In general it can be used by everybody
• Note that this is applicable to properties of
public dominion intended for public use such as
roads, canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores,
roadsteads, and others of similar character.
• Obviously, it is not applicable to properties of
public dominion intended for some public
service. Not everybody can drive a tank from
the Armed Forces of the Philippines.
They may either be real or personal
• Art. 420 of the Civil Code did not provide for
the classification of properties of public
dominion as to mobility. Thus, as a
characteristicof properties of public dominion, it
can either be real or personal.
There are no restrictions as to classifications in
relation to mobility.
What are the three kinds of properties of
public dominion?
• Those intended for public use, such as roads,
canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores,
roadsteads, and others of similar character
• Those which belong to the State, without
being for public use and are intended for some
public service.
• Those which belong to the State, without
being for public use and are intended for
development of the national wealth.
Those intended for public use
• (1) Those intended for public use, such as
roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks,
shores,
roadsteads, and others of similar character;
• Note that for these constructions to be
considered as properties of
public domain the following requisites must
concur:
• It must be intended for public use
• It must be constructed by the State
• If it is not for public use AND not constructed
by the State, then it is not public property under
par. 1. (Santos v. Moreno)
• All other enumerations are considered
properties of the State such as rivers, shores,
creeks, etc. Intended for some public service.
(2) Those which belong to the State, without
being for public use, and are intended for some
public service.
• These are properties of the State that are
used for some public
service.
• Note that these properties are not for the use
of all persons. These properties can be used by
duly authorized persons. Intended for some
public service.
Ex: government buildings, police cars, army
rifles.
• Note: not all properties of the State can be
used by all. Only properties falling under par. 1
can be generally used by all. Intended for
development of the national wealth.
• Those which belong to the State, without
being for public use, are intended for the
development of the national wealth.
• The properties described in the 3rd kind are
our natural resources.
• SECTION 3, Art XII, 1987 Constitution provides
that Lands of the public domain are classified
into agricultural, forest or timber, mineral lands,
and national parks.
Article 421
• Article 421. All other property of the State,
which is not of the character stated in the
preceding article, is patrimonial property.
What are patrimonial properties of the State?
• All other properties of the State not included
under Art. 420. These are properties of the
State that are not for public use, not for public
service, nor for the development of the national
wealth. Patrimonial properties are those
properties owned by the State in its private
capacity.
Examples of patrimonial property:
• Properties acquired through escheat
proceedings.
• Properties no longer intended for public use
or for public service, nor for the development of
the national wealth. (previously properties of
public domain)
Can patrimonial properties be acquired
through prescription?
• Yes, as held by the Supreme Court.
• ARTICLE 1113. All things which are within the
commerce of men are susceptible of
prescription, unless otherwise provided.
Property of the State or any of its subdivisions
not patrimonial in character shall not be the
object of prescription.
Can patrimonial properties of the State be
attached or levied?
• Yes. Patrimonial properties are not properties
of public dominion. The State owns these
properties in its private capacity.
• Patrimonial properties can be registered
under the Torrens System, it can be acquired
through prescription, it can be attached or
levied upon, and it is within the commerce of
men.
Article 422
• Article 422. Property of public dominion,
when no longer intended for public use or for
public service, shall form part of the
patrimonial property of the State.
When does a property of public dominion be
considered patrimonial property?
• When the properties are no longer intended
for public use or for public service.
When are properties for public use or public
service no longer intended for such purposes?
• When there is an express declaration from the
State that such properties are no longer
intended for public use or public service.
• There must be an express declaration (either a
law or a presidential proclamation) that the
property is no longer intended for public use,
not just as practiced. Absent any declaration,
the property is still considered property of
public dominion.
• NOTE: implications
• still cannot be owned through prescription
• Cannot be registered under the Torrens
System
• Cannot be alienated
Are properties classified as alienable and
disposable considered patrimonial?
• NO. the mere fact that it is declared as
alienable and disposable does not convert it to
patrimonial property. Absent any express
declaration converting it to patrimonial
property will not convert it to patrimonial
property.
Article 423
• Article 423. The property of provinces, cities,
and municipalities is divided into property for
public use and patrimonial property.
• Note the distinction between property of
public dominion and properties of provinces,
cities and municipalities. Properties of these
local government units are not properties of
public dominion.
Article 424
• Article 424. Property for public use, in the
provinces, cities, and municipalities, consist of
the provincial roads, city streets, municipal
streets, the squares, fountains, public waters,
promenades, and public works for public
service paid for by said provinces, cities, or
municipalities.
All other property possessed by any of them is
patrimonial and shall be governed by this
Code, without prejudice to the provisions of
special laws.
What are the properties of the LGUs
considered for public use?
1. City streets
2. Municipal streets
3. Squares
4. Fountains
5. Public waters
6. Promenades
7. Public works for public service paid by the
LGU concerned.
• All other properties are considered
patrimonial WITHOUT PREJUDICE TO THE
PROVISIONS OF SPECIAL LAWS.
• Just like the properties of the state intended
for public use, properties of LGUs for public use
cannot be alienated. It cannot be acquired by
prescription.
• Patrimonial property can be acquired by
prescription.
• Patrimonial property of LGU is not immune to
suits regarding these properties. These
properties are treated like properties of a
private corporation. It is within the commerce
of men. It can also be registered under the
Torrens System.
Are properties for public service owned by the
LGU for public use or patrimonial property?
• They are patrimonial property. They are not
among those enumerated under Art. 424 which
defines properties of the LGU for public use.
• However, under the Law on Municipal
Corporations, properties for public service of
the LGUs are considered properties for public
use, making them not patrimonial in character.
So what rule do we follow?
• Donations to LGUs of lands made into a plaza.
• It will form part of the properties for public
use. Thus outside the commerce of men.
Article 425
• Article 425. Property of private ownership,
besides the patrimonial property of the State,
provinces, cities, and municipalities, consists of
all property belonging to private persons,
either individually or collectively.
What are properties of private ownership?
• Those that belong to private persons, either
individually or collectively.
• “either individually, or collectively” = co-
ownership OR juridical entities.
Can roads be considered properties of private
ownership?
• Yes, if privately made. If the government
spent nothing for the construction of the road,
then it is a private road. Note that it must be
build on private land.
Private ownership of Aliens regarding lands
Can aliens own lands here in the Philippines?
• As a general rule, No. It is prohibited by the
Constitution.
What are the exceptions?
The exceptions are:
• Acquisition through hereditary succession
(Sec. 5, Art XII, 1987 Constitution)
• Sec. 10; RA. 8179 – former natural born
Filipinos, who are capacitated to
contract under Philippine Laws. Limit = urban
land – 5000sqm; rural land – 3has.
• If the acquisition was before the 1935
Constitution.
Private ownership of Aliens regarding lands
• In case an alien was able to acquire lands, the
remedy is to declare the mode of transfer as
void. This action is imprescriptible.
ARTICLE 426
• ARTICLE 426. Whenever by provision of the
law, or an individual declaration, the
expression “immovable things or property,” or
“movable things or property,” is used, it shall
be deemed to include, respectively, the things
enumerated in Chapter 1 and in Chapter 2.
Whenever the word “muebles,” or “furniture,”
is used alone, it shall not be deemed to include
money, credits, commercial securities, stocks
and bonds, jewelry, scientific or artistic
collections, books, medals, arms, clothing,
horses or carriages and their accessories,
grains, liquids and merchandise, or other
things which do not have as their principal
object the furnishing or ornamenting of a
building, except where from the context of the
law, or the individual declaration, the contrary
clearly appears.
Ownership in General
Module 3.1
Article 427
• ARTICLE 427. Ownership may be exercised
over things or rights.
What is ownership?
• The independent and general right of a person
to control a thing particularly in his possession,
enjoyment, disposition, and recovery, subject to
no restrictions except those imposed by the
state of private persons, without prejudice to
the provisions of law.
• Co-ownership = when ownership is vested in
two or more persons
Article 428
• ARTICLE 428. The owner has the right to
enjoy and dispose of a thing, without other
limitations than those established by law.

What are the limitations to ownership? • The owner has also a right of action against
the holder and possessor of the thing in order
• Those that are imposed by the State to recover it.

1. Police power Article 428

2. Taxation • What are the rights of the owner under Art.

428?
Those that are imposed by private persons
• The following are the rights of the owner:
• The owner himself in case he enters into a
contract of lease (this is a limitation because if • Right to enjoy
he enters into a contract of lease, his right to
possess the property is limited by himself) • Right to dispose

• The grantor of property may impose certain • Right to recover

limitations Article 428
Those that are imposed by law • The following rights are included under right
Easements to enjoy

Formal requirements to transfer property. (this • Right to possess

is a limitation to the right to dispose) • Right to use
What are the kinds of ownership? • Right to the fruits
• Full ownership = includes all the rights of the • The following rights are included under right
owner to dispose
• Naked ownership = this is the ownership • Right to consume
where the right to the use and to the fruits has
been denied, as when the usufruct is given to • Right to destroy
another.
• Right to abuse
• Sole ownership = there is only one owner
• Right to encumber

• Right to alienate
• Note that the right to recover will be
discussed in the next module.
• Under Roman Law, owners have the following
rights:
• Jus possidendi – the right to possess
• Jus utendi – right to use
• Jus fruendi – right to the fruits
• Jus abutendi – right to abuse or consume
• Jus disponendi – right to dispose
• Jus vindicandi – right to recover
• Jus accesionis – right to the accessories
• Note: Civil Code is basically patterned from
Roman Law
• Right to possess
• It means the right to hold a thing or enjoy a
right.
Example of a limitation to this right:
• Imposed by private persons = lease contract.
The possession is given to another. The owner
cannot possess the property unless the
conditions of the lease contract is violated
by the lessee. If the owner will forcibly possess
the property, the lessee may file an action to
recover the possession of the property (based
on his right to possess the property).
• Right to use
• The right to use the thing owned will include
the right to exclude any person from the
enjoyment and disposal of the thing.
• Under the law, the owner may exercise such
force as may be reasonably necessary to repel
or prevent an actual or threatened unlawful
physical invasion or usurpation of the property
(under 429)
Example of limitations to this right:
• Imposed by law – some things are declared
illegal and thus cannot be used. It is illegal for a
car owner to operate the car if he has no
license.
• Imposed by private persons – when the
usufruct is given to another, the owner cannot
use the property concerned. (similar in a
contract of lease)
• Right to the fruits
• 3 kinds of fruits under the Civil Code: (Art.
442)
• Natural – are the spontaneous products of the
soil, and the young and other products of
animals
• Industrial – are those produced by lands of
any kind through cultivation or labor
• Civil – are the rents of buildings, the price of
leases of lands and other property and the
amount of perpetual life annuities or other
similar income
• Note that the owner will own any fruits
accruing to his property.
EX: A owns a land, and he plants a tree on the
land. The tree is an industrial fruit accruing to
his land. He will then own that tree, because as
the owner of the land, he has the right to the
fruits of such land.
Example of a limitation to this right:
• When an owner gives the usufruct of his
property to another. A usufruct gives the right
to enjoy and to the fruits of the property. The
usufructuary will receive the fruits of the
property and not the owner.
• Right to abuse and to consume
• This only means that the owner can do
whatever he wants with the property.
Example of a limitation to this right:
• Law on Arson – even if an owner has the right
to abuse his property, he cannot simply burn his
house under circumstances which will expose to
danger the life or property of another.
• Right to dispose
• The right to dispose will include the right to
donate, sell, pledge, or mortgage the property.
Example of limitations to this right :
• Husband and wife cannot donate to each
other under the Family Code
• Law on Donation - Persons who are guilty of
adultery or concubinage (at the time of the
donation) cannot donate to each other
• Right to recover
• The owner has the right of action against the
holder and possessor of the thing in order to
recover it.
• This right is transmissible to the heirs or
assignees of the person entitled to it.
• An assignee can file an action to recover a
property unjustly taken from his assignor.
• NOTE: possession in the concept of an owner
raises a disputable presumption of ownership.
The owner cannot simply force the possessor
out of the property. He must resort to judicial
process for the recovery of the property.
• He cannot take the law into his own hands.
Article 429
• ARTICLE 429. The owner or lawful possessor
of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be
reasonably necessary to repel or prevent an
actual or threatened unlawful physical
invasion or usurpation of his property.
What is the principle contained under Art. 429
of the Civil Code?
The principle of self-help. One can use force as
may be reasonably necessary to repel or
prevent an actual or threatened unlawful
physical invasion or usurpation of his property.
• This principle is similar to the concept of self-
defense under criminal laws, but the main
difference is that under Art. 429 of the Civil
Code force may be used even without
threatened bodily danger.
• Note that this is only applicable if the invasion
or usurpation is illegal.
If the invasion or usurpation of the property is
by reason of some law, then the owner cannot
use force to prevent the officer from taking the
property.
Ex: Article 432 of the Civil Code provides that
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…
Article 430
• ARTICLE 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.
• This is also known as the right to fence.
Article 431
• ARTICLE 431. The owner of a thing cannot
make use thereof in such manner as to injure
the rights of a third person.
Article 432
• ARTICLE 432. 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. The owner may demand from
the person benefited indemnity for the
damage to him.
Can an owner of a thing prohibit the
interference of another with his property?
• Yes. Article 429 provides that the owner or
lawful possessor of a thing has the right to
exclude any person from the enjoyment and
disposal thereof.
When is an owner not allowed to prohibit the
interference of another with his property?
• 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. (Art.
432)
• Note that the interference may even cause
the destruction of the property.
Example:
• In this case, if the only way to prevent the fire
from spreading is to damage the house of B,
then B cannot prevent such interference,
because by doing so, it will endanger the
neighborhood and the damage will be greater.
Example:
• If in case the house of B was damaged, to
prevent the further spread of the fire, then B
can file an action for reimbursement for the
damages caused. B should file this against C,
who benefited from the damage caused to B’s
house.
Article 433
• ARTICLE 433. Actual possession under claim
of ownership raises a disputable presumption
of ownership. The true owner must resort to
judicial process for the recovery of the
property.
• Note: for the presumption of ownership to
apply, the following
requisites must be present:
• There is actual possession. (holding of a thing
or enjoyment of a right)
• There is a claim of ownership. (the possessor
need not wave his claim of ownership like a flag.
If he performs acts of ownership, then he is
claiming ownership.)
Article 434
• ARTICLE 434. In an action to recover, the
property must be identified, and the plaintiff
must rely on the strength of his title and not
on the weakness of the defendant’s claim.
• In an action to recover:
• The property must be identified
• The plaintiff must rely on the strength of his
title and not on the weakness of the
defendant’s claim
• Because of the presumption under Art. 433.
Article 435 and 436
• Eminent domain and Police power.
• We will no longer cover Articles 435 and 436
because the concepts involved are already
covered in your Constitutional Law subjects.
Article 437
• ARTICLE 437. 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.
• This is also known as “Surface Right”
What are the limitations to the landowner’s
surface rights?
• Servitudes
• Special Laws
• Ordinances
• Reasonable requirements of aerial navigation
• Regalian doctrine
What is the Regalian doctrine? (Sec. 2, Art. XII,
1987 Consti.)
• All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State.
Right to Recover
Module 3.2
Right to recover
• The owner has the right of action against the
holder and possessor of the thing in order to
recover it.
• This right is transmissible to the heirs or
assignees of the person entitled to it.
• An assignee can file an action to recover a
property unjustly taken from his assignor.
• NOTE: possession in the concept of an owner
raises a disputable presumption of ownership.
The owner cannot simply force the possessor
out of the property. He must resort to judicial
process for the recovery of the property.
• He cannot take the law into his own hands.
What are the actions to recover property?
1.Personal property = Replevin
2. Real property:
• Action for Ejectment - either forcible entry or
unlawful detainer
• Accion Publiciana – plenary action to recover
the better right or possession
• Accion Reivindicatoria – or an action to
recover possession based on ownership
• Other remedies:
• Writ of preliminary mandatory injunction
(provisional remedy)
Writ of possession
Replevin
• Replevin (Rule 60, Rules of Court)
• Defined as an action or provisional remedy
where complainant prays for the recovery of
the possession of personal property.
• Note that there are two kinds of replevin.
Replevin as an action and replevin as a
provisional remedy. (a provisional remedy is a
prejudgment remedy given by the court to a
party pending resolution of the case).
• Subject properties = ONLY PERSONAL
PROPERTY. If the property is real property,
replevin is not the proper remedy.
• At the commencement of the action, or at any
time before the other party answers, the
applicant may apply for an order of the delivery
of such property to him.
• The applicant must show by his own affidavit
or that of some other person who personally
know that facts:
• That the applicant is the owner of the
property claimed, particularly describing it, OR
is entitled to the possession thereof.
• That the property is wrongfully detained by
the adverse party, alleging the cause of
detention thereof according to his best
knowledge, information, and belief.
• That it has not been distrained or taken for a
tax assessment or fine pursuant to law or seized
under a writ of execution or preliminary
attachment or otherwise placed
under custodia legis or if so seized, that it is
exempt from such seizure or custody.
• The actual market value of the property.
• The applicant must also give a bond.
• Double the value of the property as stated in
the affidavit.
• In case the adverse party will suffer damages
due to the action of the claimant, the bond will
answer for the damages.
• The court will then order the sheriff to take
such property into his custody. If the property is
in a building or enclosure, and not delivered
upon demand, the sheriff may cause the
building or enclosure to be broken down.
• Note: the property will not by delivered to the
claimant for the meantime. It will remain in the
custody of the sheriff until the court will issue
its judgment determining who is the rightful
possessor of the property concerned.
• Note: the adverse party may give a counter-
bond to prevent the sheriff from taking the
property. (double the value of the property as
stated in the affidavit of the claimant. The bond
will answer for any damages that may be
caused to the claimant)
• Jurisprudence on Replevin:
• A writ of replevin cannot be directed against a
lawful possessor. (Chua v. CA)
• The contents of the affidavit of merit may be
included in the complaint for replevin itself,
provided it is verified. (Citibank v. CA)
• A writ of replevin may be served anywhere in
the Philippines (Fernandez v. International
Corporate Bank)
• When the thing is in official custody of a
judicial or executive officer in pursuance of his
execution of a legal writ, replevin will not lie to
recover it. (Factoran v. CA)
Ejectment
2 kinds of ejectment cases: (Rule 70, Rules of
Court)
• Forcible entry
• Unlawful detainer
• NOTE: both are under the exclusive and
original jurisdiction of the MTC
Forcible Entry
• Forcible entry
• Summary action to recover material or
physical possession of real property when a
person originally in possession was deprived
thereof by force, intimidation, strategy, threat,
or stealth. (FISTS)
Grounds for an action for forcible entry: FISTS
• Force
• Intimidation
• Strategy
• Threat
• Stealth
Period to file for forcible entry:
• The action must be brought within one year
from the dispossession.
• Note: if the dispossession was caused by
strategy or stealth, the one-year period is
counted from the date of the discovery of such
strategy or stealth.
• Issue involved: mere physical possession of
the property and not ownership.
• Thus, in a case, the Supreme Court held that
an action for forcible entry may prosper even
against the owner of the property.
Plaintiffs must allege and prove the following:
• That they have prior physical possession of
the property.
• The complaint must allege that one in physical
possession of a land or building has been
deprived of said possession by another through
FISTS.
• That the action was filed within one year from
the time the owners or legal possessors learned
of their deprivation of the physical possession
of the property. (need not be alleged but must
be proved. Tip: make an allegation to this
effect)
• “Prior physical possession”
• Indeed, possession in ejectment cases "means
nothing more than actual physical possession,
not legal possession in the sense contemplated
in civil law." In a forcible entry case, "prior
physical possession is the primary
consideration.“
• "A party who can prove prior possession can
recover such possession even against the owner
himself. Whatever may be the character of his
possession, if he has in his favor prior
possession in time, he has the security that
entitles him to remain on the property until a
person with a better right lawfully ejects him.“
• "The party in peaceable, quiet possession shall
not be thrown out by a strong hand, violence,
or terror."
Tax declarations as proof of prior possession:
• Similarly, tax declarations and realty tax
payments are not conclusive proofs of
possession. They are merely good indicia of
possession in the concept of owner based on
the presumption that no one in one’s right mind
would be paying taxes for a property that is not
in one’s actual or constructive possession.
• Allegations of ownership in forcible entry
cases
• As a rule, the MTC has no jurisdiction to rule
on issues of ownership in cases for forcible
entry.
• Allegations of issues on ownership by the
defendant will not deprive the court of its
jurisdiction. (jurisdiction of the court as to the
subject matter is determined by the allegations
in the complaint, and the law applicable to the
case.)
What should the court do on issues of
ownership?
• The Supreme Court has held that “Where the
issue of ownership is raised by any of the
parties, the courts may pass upon the same in
order to determine who has the right to possess
the property. The adjudication is, however,
merely provisional and would not bar or
prejudice an action between the same parties
involving title to the property.” (2012 case; G.R.
No. 183822)
• In case the parties agreed to enter into a
compromise in an ejectment suit, and decided
to agree on the issue of ownership
• The compromise agreement, even if
confirmed by the court, will not be tantamount
to an adjudication as to the ownership of the
property. (as a rule, it is beyond the jurisdiction
of the court in an ejectment suit.)
Unlawful Detainer
• Unlawful detainer – the action that must be
brought when possession by a landlord, vendor,
vendee, or other person of any land or building
is being unlawfully withheld after the expiration
or termination of the right to hold possession,
by virtue of a contract, express or implied.
• Prior physical possession is not required in an
unlawful detainer, as compared to forcible
entry.
• The issue is still possession, and not
ownership.
• The action must be brought within one year
from the time possession becomes unlawful
• If there is a fixed term, the possession
becomes unlawful from the moment the period
expires.
• If the lessee fails to comply with his
obligations, the one-year period is to be
counted from the date of demand to vacate.
If there is no term
• Lease contract without a period (urban) = Art.
1687
If the period for the lease has not been fixed,
it is understood to be from year to year, if the
rent agreed upon is annual;
• from month to month, if it is monthly;
• from week to week, if the rent is weekly; and
• from day to day, if the rent is to be paid daily.
If there is no term
• rural land = Art. 1682
• The lease of a piece of rural land, when its
duration has not been fixed, is understood to
have been for all the time necessary for the
gathering of the fruits which the whole estate
leased may yield in one year, or which it may
yield once, although two or more years may
have to elapse for the purpose.
Note also:
• Art. 1670. If at the end of the contract the
lessee should continue enjoying the thing
leased for fifteen days with the acquiescence of
the lessor, and unless a notice to the contrary
by either party has previously been given, it is
understood that there is an implied new lease,
not for the period of the original contract, but
for the time established in articles 1682 and
1687. The other terms of the original contract
shall be revived.
If there is no term and the possession is by
mere tolerance
• By mere tolerance = implied agreement that
they will vacate upon demand, thus the one-
year period will be counted from the demand to
vacate the premises.
• Note that the rightful possessor may demand
the illegal settlers to vacate
multiple times. In this case, the one-year period
is to be counted from the last demand to
vacate.
Issues on ownership:
• Same rule under forcible entry. The courts
may decide on issues on ownership, but only to
determine who has the better right to possess.
The adjudication is provisional and will not
constitute res judicata.
Unlawful detainer vs. forcible entry
• FE = the possession was unlawful from the
beginning
• UD = possession was lawful at the beginning
but became unlawful
• FE = prior possession of the plaintiff is
essential
• UD = prior possession is not essential
Accion Publiciana
• Accion Publiciana – is an ordinary civil
proceeding to determine the better right of
possession of realty independently of title. It
refers to an ejectment suit filed after the
expiration of one year from the accrual of the
cause of action or from the unlawful
withholding of possession of the realty.
• The objective of the plaintiffs in accion
publiciana is to recover possession only, not
ownership.
• When parties, however, raise the issue of
ownership, the court may pass upon the issue
to determine who between the parties has the
right to possess the property.
• This adjudication, nonetheless, is not a final
and binding determination of the issue of
ownership; it is only for the purpose of
resolving the issue of possession, where the
issue of ownership is inseparably linked to the
issue of possession. The adjudication of the
issue of ownership, being
provisional, is not a bar to an action between
the same parties involving title to the property.
The adjudication, in short, is not conclusive on
the issue of ownership.
• It must be filed within 10 years from the
dispossession.
ARTICLE 555. A possessor may lose his
possession:
• (1) By the abandonment of the thing;
• (2) By an assignment made to another either
by onerous or gratuitous title;
• (3) By the destruction or total loss of the
thing, or because it goes out of commerce;
• (4) By the possession of another, subject to
the provisions of 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 years.
Accion Reivindicatoria
• Accion reivindicatoria or accion de
reivindicacion is an action whereby plaintiff
alleges ownership over a parcel of land and
seeks recovery of its full possession. It is a suit
to recover possession of a parcel of land as an
element of ownership. The basic question in
such an action is whether the plaintiff,
respondent herein, has presented sufficient
evidence to prove his ownership of the
properties in question.
• Some experts define Accion Reivindicatoria as
an action to recover ownership. (however, one
can argue that ownership is not yet lost in an
accion reivindicatoria, it is only the possession
of the property)
• It must be brought within 10 years or 30
years.
• ARTICLE 1134. Ownership and other real
rights over immovable property are acquired by
ordinary prescription through possession of ten
years.
• ARTICLE 1137. Ownership and other real
rights over immovables also prescribe through
uninterrupted adverse possession thereof for
thirty years, without need of title or of good
faith.
Writ of Preliminary Mandatory Injunction
• ARTICLE 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.
Writ of Possession
• A writ of possession is a writ of execution
employed to enforce a judgment to recover the
possession of land. It commands the sheriff to
enter the land and give possession of it to the
person entitled under the judgment.
• This only means that in cases where a party is
held to be the owner of a property, he need not
file another action to recover possession (in
case the property is in the possession of
another). He can file a motion for the issuance
of a writ of execution.
Hidden Treasure
Module 3.3
Arts. 438 and 439
• ARTICLE 438. Hidden treasure belongs to the
owner of the land, building, or other property
on which it is found.
Nevertheless, when the discovery is made on
the property of another, or of the State or any
of its subdivisions, and by chance, one-half
thereof shall be allowed to the finder. If the
finder is a trespasser, he shall not be entitled
to any share of the treasure.
If the things found be of interest to science or
the arts, the State may acquire them at their
just price, which shall be divided in conformity
with the rule stated.
• ARTICLE 439. By treasure is understood, for
legal purposes, any hidden and unknown
deposit of money, jewelry, or other precious
objects, the lawful ownership of which does
not appear.
• Definition of hidden treasure = any hidden
and unknown deposit of money, jewelry, or
other precious objects AND the lawful
ownership of which does not appear.
Things to remember:
• It must be “hidden”
• If it is NOT “money, jewelry, or other precious
objects…” then it is not hidden treasure
• If the lawful ownership appears, it is not
hidden treasure
• If the objects are deliberately hidden with the
intention to recover it, AND if he can prove
lawful ownership, then it is not hidden treasure.
• Even if the lawful owner has died, BUT the
lawful ownership can still be proved, it is not
hidden treasure. The thing must go to the heirs
of the lawful owner.
Hidden treasure:
• Belongs to the owner of the land, building or
other property on which it is found
• If found by a third person = 50% will belong to
the landowner and 50% will belong to the
finder.
• If finder is a trespasser, he is not entitled to
any share.
• If the thing found be of interest to science or
the arts = the State may acquire them at their
just price. The price will be divided according to
the shares of the landowner and the founder, if
applicable.
Meaning of “by chance”
• It means that the hidden treasure was found
by good luck.
• This does not mean that there was no
intention to find the hidden treasure.
Finder
• GR: he is entitled to 50% of the hidden
treasure.
• If he is a trespasser, he is not entitled to any
share. He is a trespasser if he had no permission
to enter the property.
• If the finder is a paid laborer specifically
engaged to find the treasure, then he is entitled
to his wages, and not to the 50%. (he is merely
the agent of the owner of the property)
• If the finder is a usufructuary, he is considered
a stranger, and he is entitled to 50% of the
hidden treasure, and not to 100%. (naked
owner get 50%; usufructuary gets 50%)
• If the finder OR owner is married, the share
becomes conjugal property. (Art. 117 of the
Family Code.)
Ownership – Right of Accession
with Respect to What is Produced
by the Property
Module 4.1
Article 440
• ARTICLE 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.
Accession: right of owner to everything which
is:
• Produced thereby (produced by his property)
• Incorporated or attached thereto
(incorporated or attached to his property)
• Either naturally or artificially
• Accession is not a mode of acquiring
ownership. (not among PISTOLD)
• Accession presupposes a previously existing
ownership by the owner of the principal.
Accession is a right included in ownership.
Article 441
• ARTICLE 441. To the owner belongs:
• (1) The natural fruits;
• (2) The industrial fruits;
• (3) The civil fruits.
Article 442
• ARTICLE 442. Natural fruits are the
spontaneous products of the soil, and the
young and other products of animals.
• Industrial fruits are those produced by lands
of any kind through cultivation or labor.
• Civil fruits are the rents of buildings, the
price of leases of lands and other property and
the amount of perpetual or life annuities or
other similar income.
• Natural fruits = spontaneous products of the
soil, and the young and other products of
animals.
• Industrial fruits = produced by lands of any
kind through cultivation or labor.
• Civil fruits = the rents of buildings, the price of
leases of lands and other property and the
amount of perpetual or life annuities or other
similar income.
• Natural fruits:
• Spontaneous products of the soil = no human
intervention
• Young and other products of animals:
• Young of animals = even if done with human
intervention (artificial insemination)
• Other products of animals = even if acquired
through human labor.
• Young of animals; the male and female belong
to different owners:
• No law addressing this issue. If the parties
have an agreement, their agreement governs. If
there was no agreement between the owners,
the young belongs to the owner of the female
parent.
• NOTE: if the property was leased, the lessee
will own the young. Lessees are entitled to the
fruits. Same rule in the case of a usufructuary.
• Industrial fruits = produced by lands of any
kind through cultivation or labor.
• It must be produced by lands. Not the product
of those produce.
• Civil fruits = the rents of buildings, the price of
leases of lands and other property and the
amount of perpetual or life annuities or other
similar income.
Article 443
• ARTICLE 443. He who receives the fruits has
the obligation to pay the expenses made by a
third person in their production, gathering, and
preservation.
• Under this provision, the owner of the land
will own the fruits, but he must pay the planter
for the expenses mentioned.
• Note that this applies only to a planter or
sower in bad faith AND when the fruits are
already harvested.
• If the planter is in good faith, he will own the
fruits. (Art. 544)
If the crops are not yet gathered, then:
• If the planter is in bad faith, he loses his right
to the crops without indemnity. (Art. 449)
• If the planter is in good faith, the rights will be
discussed under Art. 447.
• ARTICLE 544. A possessor in good faith is
entitled to the fruits received before the
possession is legally interrupted.
• Natural and industrial fruits are considered
received from the time they are gathered or
severed.
• Civil fruits are deemed to accrue daily and
belong to the possessor in good faith in that
proportion.
Article 444
• ARTICLE 444. Only such as are manifest or
born are considered as natural or industrial
fruits.
• With respect to animals, it is sufficient that
they are in the womb of the mother, although
unborn.
Plants:
• Annual crops = manifest when their seedlings
appear from the ground
• Perennial crops = manifest when they appear
on trees
• Animals = it is sufficient that they are in the
womb, although unborn.
Rules on civil fruits:
• Civil fruits accrue daily
• Civil fruits can be pro-rated (based on period)
Ownership – Right of Accession –
Immovables
Module 4.2
Art. 445
Whatever is built, planted or sown on the land
of another and the improvements or repairs
made thereon, belong to the owner of the
land, subject to the provisions of the following
articles.
Art. 446
• All works, sowing, and planting are presumed
made by the owner and at his expense, unless
the contrary is proved.
Art. 447
Parties under Art. 447:
• Landowner
• Owner of the materials
• Case covered by Art. 447:
• Landowner builds something to his own land
using the materials owned by another.
• The rights of the parties will depend if they
are in good faith or in bad faith.
Scenarios:
I. LO is in GF; OM is in GF
II. LO is in BF; OM is in GF
III. LO is in GF; OM is in BF
IV. LO is in BF; OM is in BF
Definition of good faith and bad faith
• Good faith = not aware that there exists in his
title or mode of acquisition any flaw which
invalidates it.
• Bad faith = if he is aware that there exists in
his title or mode of acquisition any flaw which
invalidates it.
• Note: if both parties are in bad faith, they are
both considered in good faith. (the bad faith of
one party, cancels the bad faith of the other)
• Note: Good faith is always presumed.
I. LO is in Good faith and the OM is in GF.
The LO must pay the OM for the value of the
materials used.
The OM has the limited right of removal. (he
may remove what is built if it will not cause
damage to the thing built)
• In case OM removes the construction or
plantings, LO will no longer pay the OM.
II. LO is in BF and OM is in GF
- LO is in bad faith if he knows that he does not
own the materials, and he still makes use of it.
- OM has the absolute right of removal. (he may
remove, even if it will cause damage)
- OM may demand the value of the materials.
- OM is entitled to damages in either case.
III. LO is in GF and OM is in BF
- OM is in bad faith if he is aware that LO is
using his material and yet he does not inform
the LO of his ownership over the materials.
- OM loses his right to the materials
- LO is entitled to consequential damages if the
materials are of an inferior quality.
IV. LO is in BF and OM is in BF
- both are to be considered in GF.
Art. 448 - 454 the value of the building. In this case, B may be
required to pay rents. (in case of disagreement,
Parties under Arts. 448 - 454: the courts may fix)
• Landowner - If LO opts to appropriate, B has the right of
• Builder, planter, sower retention over the property until LO pays the
value. If LO has not decided yet, same rule
Cases covered: applies.

• A Builder builds on the land of another. - If LO decided to sell the land to B and B fails to
pay:
• The rights of the parties will depend if they
are in good faith or in bad faith. • LO may remove the building.

Scenarios: • LO may file for a case for collection of sum of

money.
I. LO is in GF; B is in GF
- NOTE: the choice is generally irrevocable.
II. LO is in BF; B is in GF
II. LO in GF and B in BF
III. LO is in GF; B is in BF
• B loses what is built.
IV. LO is in BF; B is in BF
• LO may appropriate without payment.
I. LO in GF and B in GF
• LO may demolish, at the expense of B.
- the right is given to the LO. (he is the owner of
the principal property) • LO may compel B to buy the land, and the
sower the proper rent. (no qualification as to
- The LO may appropriate the works. In this case
the price of the land and the building)
he must pay the B the amount of the necessary
expenses, useful expenses, and luxurious • LO is entitled to damages in any case.
expenses.
• B is entitled to reimbursement for the
• Necessary expenses = for preservation of the necessary expenses of preservation of the land.
property
III. LO in BF and B in GF
• Useful = adds value to the property
- treat the B as OM and apply number II under
• Luxurious = for pleasure. Required only if the Art. 447.
LO will not remove the ornaments. (he may
remove if it will not cause any damage) IV. LO in BF and B in BF

- LO may require B to buy the land OR pay rents - both are considered in GF.

- Note: The LO cannot oblige B to buy the land if Art. 455

the value of the land is considerably more than
• Similar to Arts. 448-454 but the owner of the
materials is a different person.
• Case covered: A builder builds on the land of
another, using the materials of a third person.
(3 parties involved)
Parties under Art. 455:
• Landowner
• Builder
• Owner of the Materials
The rights of LO and B are determined under
Arts. 448-454.
• The rights of OM depends on the rights of LO
and B, and whether he is in GF or in BF.
I. OM in BF
• He loses all rights to the materials
• He is liable to consequential damages if
materials are of an inferior quality. (to the party
who will acquire the building)
II. OM in GF
• OM is entitled to reimbursement from B. If B
is insolvent, LO is subsidiarily liable. (only if LO
appropriates)
• If LO opts to destroy the building, or sell the
land to B (in case LO is in GF and B is in BF) LO
cannot be held subsidiarily liable.
• If B pays OM, B may demand from LO the
value of the materials and labor. BUT only if LO
appropriates. (and B is in GF)
Some cases on Accession Industrial
• Art. 448 does not apply to a lessee since he is
aware that land does not belong to him. His
rights are governed by Art. 1678, one-half
reimbursement of useful improvements and if
refusal by lessor to reimburse, absolute right of
removal. (Sulo sa Nayon Inc. v. Nayong Pilipino
Foundation, 20 January 2009)
• ARTICLE 1678. If the lessee makes, in good
faith, useful improvements which are suitable
to the use for which the lease is intended,
without altering the form or substance of the
property leased, the lessor upon the
termination of the lease shall pay the lessee
one-half of the value of the improvements at
that time. Should the lessor refuse to reimburse
said amount, the lessee may remove the
improvements, even though the principal thing
may suffer damage thereby. He shall not,
however, cause any more impairment upon the
property leased than is necessary.
• With regard to ornamental expenses, the
lessee shall not be entitled to any
reimbursement, but he may remove the
ornamental objects, provided no damage is
caused to the principal thing, and the lessor
does not choose to retain them by paying their
value at the time the lease is extinguished.
• Article 1678 does not apply to one whose
possession is by mere tolerance of the
landowner. (Aquino v. Aguilar, 29 June 2015).
• Dep Ed a BGF although a possessor by
tolerance where LO allowed construction of
school on his property. (Dep. of Education v.
Casibang, 27 January 2016).
• Petitioner’s possession of the land was by
mere tolerance of the respondents. One whose
stay is merely tolerated becomes a deforciant
occupant the moment he is required to leave.
He is bound by his implied
promise that he will vacate upon demand.
Petitioner is also not a builder in good faith.
Considering that he occupies the land by mere
tolerance, he is aware that his occupation of the
same may be terminated by the respondents at
anytime. (Del Rosario v. Manuel, G.R. 153652,
16 Jan. 04).
• Art. 448 does not apply to co-owners as a co-
owner who builds on the co-owned property
does not build on the property of another. If
however there has been a partition, and the
portion on which the Building stands is
allocated to a co-owner other than the Builder,
then Art. 448 may be applied. (Del Campo v.
Abesia).
• Buyer who bought not from the owner but
from an agent is not a builder in good faith if
the SPA is defective and he did not make the
proper inquiries. The principal’s cedula was not
indicated in the acknowledgment portion of the
SPA. (Heirs of Sarili v Lagrosa, 15 Jan 2014).
• In case of a narrow encroachment of an
adjoining registered land, the encroacher is still
a builder in GF. (Technogas Phils. Mfg. Corp. v.
CA, 10 Feb 97)
• If the landowner elects to sell the lot, the fair
market value of the land is to be reckoned at
the time that the landowner elected the choice,
and not at the time that the property was
purchased by the landowner. (Roxas v. Our
Lady’s Foundation, Inc., 6 March 2013)
Accession Natural (immovables)
• Alluvium (Art. 457)
• Avulsion (Art. 459)
• Change of course of rivers (Arts. 461-462)
• Formation of islands (Arts. 464-465)
Art. 457
• To the owners of lands adjoining the banks of
rivers belong the accretion which they
gradually receive from the effects of the
current of the waters.
• Soil deposited along river banks is called
“alluvium”
• The process is called “accretion”
• The owner of the lands adjoining the banks of
rivers is called “riparian owner”
Requisites for 457 to apply:
1. The deposit should be gradual and
imperceptible
2. The cause is the current of the river (if caused
by artificial means, the land will not belong to
the owner of the land)
3. The current must that be of the river
• if a lake, creek, stream = Spanish law of waters
apply – it will belong to the owner adjoining
such bodies of water.
• If the sea, the land belongs to the State
• The river must continue to exist. (if not, Art.
461 applies. Abandoned River Beds)
• The increase must be comparatively little.
• Accretion on a sea bank = owned by the State.
Rule IRT Torrens Title:
• The alluvium automatically belongs to the
riparian owner BUT it is not automatically
registered under the Torrens System.
• Until registered, it will be considered
unregistered land, susceptible to
acquisitive prescription (10 or 30 years.)
X, is the registered owner of a parcel of land
located beside a river. After 10 years, the
current of the river deposited soil to the land
of X. The land area of the deposited soil is
around 50sqm. Y, who is the neighbor of X
planted on said 50sqm and built a house on
top of that land. After 50 years, Y claims
ownership over the alluvium. Is Y the owner of
the land, considering that X had a certificate of
title over the parcel of land to which the soil
was deposited?
• Yes, Y is the owner. Although alluviums are
automatically owned by the registered owner, it
is not automatically covered by the certificate of
title, thus it can be acquired by third persons
through acquisitive prescription.
Art. 458
• The owners of estates adjoining ponds or
lagoons do not acquire the land left dry by the
natural decrease of the waters, or lose that
inundated by them in extraordinary floods.
• This does not cover the case of alluvium. In
case of soil deposits, apply the Spanish Law of
Waters. This article applies to the natural
decrease of the waters or increase of waters in
extraordinary flood.
(the consideration is the WATER not the SOIL)
• Art. 458 does not cover lakes. It only covers
lagoons and ponds.
• Lakes are covered by the Spanish Law of
Waters
Art. 459
• Whenever the current of a river, creek or
torrent segregates from an estate on its bank a
known portion of land and transfers if to
another estate, the owner of the land to which
the segregated portion belonged retains the
ownership of it, provided that he removes the
same within two years.
• This process is called avulsion (sudden
segregation of known portion of land)
• Avulsion = the process whereby the current of
a river, creek, or torrent segregates from an
estate on its bank a known portion of land and
transfers it to another estate.
What are the distinctions between alluvium
and avulsion?
Alluvium (accretion) vs. Avulsion
• Gradual deposit of the soil – sudden process
of segregating land
• Soil cannot be identified – land can be
identified
• Belongs to owner of the property to which it is
attached – belongs to the owner from whose
property it was detached (unless he fails to
remove within 2 years).
If the owner does not remove the land within
2 years, who will own the segregated land?
• If the owner does not remove within 2 years,
the owner of the land where the soil was
attached will be the owner.
What happens if the owner claims the land
within 2 years but fails to remove the same
within 2 years?
• If the owner does not remove within 2 years,
the owner of the land where the soil was
attached will be the owner.
• Note: in the absence of proof that the change
in the course of the river was sudden, the
presumption is that the change was gradual and
was caused by alluvium and erosion.
Art. 460
• ARTICLE 460. Trees uprooted and carried
away by the current of the waters belong to
the owner of the land upon which they may be
cast, if the owners do not claim them within six
months. If such owners claim them, they shall
pay the expenses incurred in gathering them or
putting them in a safe place.
• Uprooted trees = belong to the owner of the
land upon which they may be cast, IF the
owners do not claim them within six months.
• IF such owners claim them, they shall pay the
expenses incurred in gathering them or putting
them in a safe place.
During a typhoon, a portion of land of A was
suddenly segregated from his estate and was
transferred to the other side of the river and
was attached to the land of B. The segregated
land contained 5 mango trees.
Who owns the land?
Who owns the trees?
• Note: 460 only applies to uprooted trees. If
the trees are transferred together with the land,
then Art. 459 applies.
During a typhoon, 10 trees of A were suddenly
segregated from his estate and was transferred
to the other side of the river and was attached
to the land of B.
Who is the owner of the trees?
Suppose A claimed the trees, but he failed to
remove them from the property of B. B
claimed ownership over the trees because of
the failure of A. after 10 years, A wants to
recover the trees, B claims that he is now the
owner of the trees. Who is the owner of the
trees?
• If not claimed within 6 months, ownership is
transferred. IF claimed but not removed, may
be acquired through acquisitive prescription.
(considered personal property if no longer
attached to the soil)
• Compensation
• If the owner of the land to which the trees are
casted into incurred expenses for the gathering
or preservation of the trees, then he is entitled
to compensation.
Art. 461
• River beds which are abandoned through the
natural change in the course of the waters ipso
facto belong to the owners whose lands are
occupied by the new course in proportion to
the area lost.
• However, the owners of the lands adjoining
the old bed shall have the right to acquire the
same by paying the value thereof, which value
shall not exceed the value of the area occupied
by the new bed.
• Art. 461 covers the natural change in the
course of the river, resulting in the
abandonment of the old river bed.
Requisites:
• The change of the course must be sudden in
order that the old river bed may be identified
• The changing of the course must be more or
less permanent
• The change must be a natural one.
• There must be a definite abandonment by the
government. (the government may take steps
to bring back the river to its old course.
• The river must continue to exist. (if the river
completely dries up, then the old bed will
belong to the State [public dominion])
Ipso facto = by the mere fact.
• The owners whose land is now occupied by
the river need not do anything to acquire
ownership over the old bed.
• “in proportion to the area lost”:
• if only one owner, he will acquire the old bed
to the extent of the land he lost.
• If there are two or more owners, then they
will acquire the old bed in proportion to the
area they lost. The old bed will be divided and
the shares of the owners will be determined.
• However… The owners of the lands, adjoining
the old bed shall have the right to acquire the
same by paying the value thereof.
• The value shall not exceed the value of the
area occupied by the new bed.
• This right is given in the interest of agriculture.
To allow the owner of the adjacent land to
cultivate the old bed.
Art. 462
• Whenever a river, changing its course by
natural causes, opens a new bed through a
private estate, this bed shall become of public
dominion.
• The new bed is considered property of public
dominion.
• 1967 case = the river banks are also
considered property of public dominion.
• If the new bed is abandoned, apply Art. 461.
• If the river goes back to its old course, the
owner of the land originally flooded will recover
ownership of the land. Applying Art. 461.
Art. 463
• River divides itself into branches leaving a
piece of land isolated = the owner of the land
retains his ownership. If a portion of land is also
separated from the estate by the current, he
also retains his ownership.
1st part = isolation = the land did not move.
Waters surrounded the land.
2nd part = separation = the land moved and was
surrounded by waters.
Art. 464
• Islands which may be formed on the seas
within the jurisdiction of the Philippines, on
lakes, and on navigable rivers belong to the
State.
Art. 465
• Islands which through successive
accumulation of alluvial deposits are formed in
non-navigable and non-floatable rivers, belong
to the owners of the margins or banks nearest
to each of them, or to the owners of both
margins if the land is in the middle of the river,
in which case it shall be divided longitudinally
in halves. If a single island thus formed be
more distant from one margin than from the
other,
the owner of the nearer margin shall be the • 3. Specification – giving of a new form to
sole owner thereof. another’s material through application of labor.

Arts. 464-465 Arts. 466-472

• Islands formed on: • Adjunction – 2 movables belonging to

different owners are united in such a way that
• Seas they form a single object; rules:
• Lakes • Generally two objects are involved. We have
• Navigable rivers to determine as between the two which is the
principal object and the accessory.
• Belong to the state.
• ART. 467. The principal thing = that to which
• Non-navigable rivers: the other has been united as an ornament, or
for its perfection.
• Nearer margin
• ART. 468. If it cannot be determined with
• In the middle? Divide longitudinally in halves.
Art. 467:
New island between the old island and the
• That which has greater value is the principal.
river bank?
• If the objects have equal value, that which
• Same rule. Nearer margin. If in the middle
has greater volume.
divide longitudinally in halves.
• Special rule: In painting and sculpture,
Ownership – Right of Accession –
writings, printed matter, engraving and
Movables lithographs, the board, metal, stone, canvas,
paper, or parchment shall be deemed the
Module 4.3 accessory.

Right of Accession – Movables Arts. 466-472

What are the three types of accession with • ART. 466: rights of owners of the movables to
respect to movable property? the new movable.

• 1. Adjunction – 2 movables belonging to
different owners are united in such a way that
they form a single object.
• 2. Mixture – combination or union of
materials. Here the respective identities of the
components are lost.
• Two movables are united without bad faith –
the owner of the principal thing acquires the
accessory, indemnifying the former owner
thereof for its value.
• Owner of the accessory is entitled to the value
of the accessory.

• Commixtion = solids

• Confusion = liquids
• He may demand that this consist in the
delivery of a thing equal in kind and value, and
in all other respects, to that employed; OR
• He may demand the price thereof. (Art. 471)
• BUT: Art. 469:
• if the things united can be separated without
injury, their respective owners may demand
their separation.
• If the accessory is MUCH MORE precious than
the principal, then the owner of the accessory
may demand its separation even if it will cause
injury to the principal thing. (but not cause the
destruction of the principal thing)
If owner of the accessory is in bad faith:
• He shall lose the thing incorporated
• Shall have the obligation to indemnify the
owner of the principal object for the damages
he may have suffered.
If the owner of the principal is in bad faith:
• Owner of the accessory can choose between:
• Require the owner of the principal to pay the
value of the accessory
• Require separation of the things, even if it will
cause the destruction of the principal.
• And he is entitled to damages in either case.
• If both in BF then apply Art. 466 and Art.
469.
• A painted his car with B’s paint believing that
it was his own paint. B was unaware of this
activity. When B discovered that A used his
paint, he wanted to remove his paint off the
car. Can B legally do this?
• No, by its nature, the paint cannot be
separated without causing injury to the car, the
principal object.
Suppose B demanded that A replace the paint
used by A with the same brand of paint and
with the same amount as to that used by A.
Can B legally do this?
• Yes, B is entitled to indemnity for the paint
used by A, and he can demand it in the form of
a replacement for the paint used.
Suppose A was aware that B owned the paint,
but still continued to use it. Can B demand the
removal of the paint this time?
• Yes, if the owner of the principal is in bad
faith, the owner of the accessory can demand
the separation even if it will cause the
destruction of the principal object.
Suppose B was aware that A was using his
paint but he did not prevent A from using such
paint, is B entitled to indemnity for the value
of the paint?
• No, if the owner of the accessory is in bad
faith, he shall lose his right to the thing
incorporated.
Three objects?
• Determine the true principal, all others are
considered accessory.
• If two objects can be considered principals,
then determine, as between them
which is the principal and the accessory.
Arts. 472 and 473
• Mixture – combination or union of materials.
Here the respective identities of the
components are lost.
• Commixtion = solids
• Confusion = liquids
• Two things are mixed:
• (1) by the will of their owners,
• (2) by chance and it cannot be separated
without injury, or
• (3) by will of only one owner in good faith:
• The owners shall acquire a right proportional
to the part belonging to him, bearing in mind
the value of the things mixed. (co-ownership
results)
If one party is in BF:
• The one who acted in BF shall lose the thing
belonging to him; AND
• He is liable for indemnity for the damage
caused to the owner of the other thing with
which his own was mixed.
Two parties in BF:
• Treat them in GF, apply Art. 472. (considered
mixed by the will of the parties)
• If the parties gave their common consent?
• Their agreement should govern their rights.
• If one party is negligent (even if in GF), he is
liable for his negligence.
• Note that in case of a mixture, there results a
co-ownership over the new object.
Examples of commixtion:
• Rice,
• Palay or other grains.
• Examples of confusion:
• Water
• Gasoline
• Alcohol
Art. 474
• Specification – giving of a new form to
another’s material through application of labor.
The material undergoes a transformation or
change of identity.
• In this case, labor is considered the principal
object.
If the person who use the materials is in GF:
• He shall appropriate the thing thus
transformed as his own; AND
• He shall indemnify the owner of the material
for its value. (apply Art. 471)
• BUT: if the material is more precious than the
transformed thing:
• Owner of the materials may appropriate but
he must pay for the value of the work
• Or demand indemnification from the person
who transformed the thing.
If the person who employed the materials was
in BF:
• The owner of the materials shall have the
right to appropriate the work to himself without
paying anything; OR
• Demand the person who employed the
materials to pay indemnity for the
value of the materials plus damages.
• HOWEVER: the owner of the materials cannot
appropriate the work in case the value if the
work for artistic or scientific reasons, is
considerably more than that of the materials.
(so he can only demand for the value of the
materials plus damages)
Art. 475
• ARTICLE 475. In the preceding articles,
sentimental value shall be duly appreciated.
Quieting of Title
Module 5
Art. 476
• ARTICLE 476. Whenever there is a cloud on
title to real property or any interest therein, by
reason of any instrument, record, claim,
encumbrance or proceeding which is
apparently valid or effective but is in truth and
in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said
title, an action may be brought to remove such
cloud or to quiet the title.
• An action may also be brought to prevent a
cloud from being cast upon title to real
property or any interest therein.
Two kinds of Quieting of Title:
• Action to remove doubt on the title over real
property (remedial)
• Action to prevent a doubt from being cast
upon the title over real property (preventive)
Existence of cloud over title is:
• By reason of a proceeding, record, instrument,
claim, or encumbrance (PRICE)
• Which is apparently valid or effective
• But it is in truth and in fact invalid, ineffective,
voidable, or unenforceable (was already
extinguished or has already prescribed [Art.
478])
• And may be prejudicial to said title
• “Title” does not mean a certificate of title. It
refers to the right of a person over property.
• Note: When an instrument is not valid on its
face, then the remedy of quieting of title does
not apply.
• In one case, the Supreme Court held that
when one is disturbed in his rights of property
over an immovable by the unfounded claim of
others, he has the right to ask from the
competent courts:
• That their respective rights be determined
• To make the one who has no rights respect
and not disturb the other
Reasons for allowing the action:
• Prevention of future litigation
• Protection of the true title and possession
• Promotion of right and justice
• The courts will determine the rights of the
parties, thus will close the issue as
to the title over the property created by the
PRICE.
Some cases: existence of a cloud:
• An agent with the written authority of the
principal to sell the latter’s
property, sold the same after the principal’s
death. (antedated the sale)
• If the signature is forged
• A contract by an incapacitated person
(voidable)
As to prescription:
• If the plaintiff is in possession =
imprescriptible. The plaintiff may wait until his
possession is disturbed or his title is attacked
before taking steps to vindicate his right.
• If the plaintiff is not in possession = 10 or 30
years.
• Note: even if the action is brought within the
prescriptive period, the action may not prosper
due to laches, if no reasonable explanation is
offered to explain the delay in the assertion of
the right.
• The plaintiff must return to the defendant all
benefits he may have received from the latter,
or reimburse him for expenses that may have
redounded to the plaintiff’s benefit.
Art. 480
• The principles of the general law on the
quieting of title are hereby adopted insofar as
they are not in conflict with this Code.
Art. 481
• The procedure for the quieting of title or the
removal of a cloud therefrom shall be
governed by such rules of court as the
Supreme Court shall promulgate.
• Governed by Rule 63 of the Rules of Civil
Procedure.

Art. 477

• The plaintiff must have legal or equitable title

to, or interest in the real property which is the
subject matter of the action. He need not be in
possession of said property.

• Legal title = belongs to the registered owner

• Equitable title = belongs to the beneficial

owner (In case the property is actually owned
by a person other than the registered owner)

Art. 478

• ARTICLE 478. There may also be an action to

quiet title or remove a cloud therefrom when
the contract, instrument or other obligation
has been extinguished or has terminated, or
has been barred by extinctive prescription.

Art. 479