MODES OF ACQUIRING OWNERSHIP

OCCUPATION TRADITION DONATION PRESCRIPTION

ART. 713 - A derivative mode ART. 725 DISTINCTIONS BETWEEN ACQUISITIVE
- Things of acquiring - Donation is an act of liberality whereby a person disposes gratuitously of a AND EXTINCTIVE PRESCRIPTION
appropriable by ownership, thing or right in favor of another, who accepts it.
nature which are meaning, when ACQUISITIVE PRESCRIPTION
without an somebody else was ART. 726 - One acquires ownership and
owner, such as the owner before. - When a person gives to another a thing or right on account of the latter’s other real right though the lapse
animals that merits or of the services rendered by him to the donor, provided they don’t of time.
object of hunting - as a consequence constitute a demandable debt, - All things which are within the
and fishing, of certain - Or when the gift imposes upon the done a burden which is less than the commerce of men are
hidden treasure contracts (like the value of the thing given susceptible of prescription,
and abandoned contract of sale, - There is also a donation. unless otherwise provided.
movables, are barter, assignment, Property of the State or any of
acquired by simple loan MANNER OF ACCEPTANCE its subdivisions not partrimonial
occupation or mutuum). ART. 746 in character shall not be the
- Acceptance must be made during the lifetime of the donor and of the done. object of prescription. (1113)
ART. 714 ART. 734 -
- Ownership of a - The donation is perfected from the moment the donor knows of the REQUISITES:
- A perfected sale
piece of land acceptance by the done 1. Possession must be in good faith
does not transmit
cannot be ART. 1323 2. Possession must be by virtue of a just
ownership. It is the
acquired by - An offer becomes ineffective upon the death, civil interdiction, insanity or title
delivery or
occupation. insolvency of either party before acceptance is conveyed.
tradition which
NOTE: It is not the acceptance by the done but the knowledge of the donor of such ACQUISITIVE PRESCRIPTION OF
conveys ownership.
ART. 719 acceptance which results in the perfection of the contract of donation. DOMINION AND OTHER REAL RGHTS
- Whoever finds a 1. ORDINARY – requires possession in
movable, which is FORM OF DONATION good faith and with just title for 10 years
not treasured, ART. 748 2. EXTRAORDINARY – through an
must return it to The donation of a MOVABLE may be made orally or in writing. An oral donation uninterrupted adverse possession thereof
its previous requires the simultaneous delivery of the thing or of the document representing the for 30 years without need of a title or of
possessor. If the right donated. good faith.
latter is unknown, If the value of the personal property donated exceeds 5,000 pesos, the donation
the finder shall and the acceptance shall be made in WRITING. Otherwise, the donation shall be void. NOTE:
immediately - Kahit saan isulat basta nababasa, kahit sa dahoon o tissue - Possession has to be in concept
deposit it with of an owner, public, peaceful and
the mayor of the uninterrupted. (1118)
city or - Good faith consists in the
municipality reasonable belief that the person
 where the finding ART. 749 from whom he received the
has taken place. In order that the donation of an IMMOVABLE may be valid, it must be made in a thing was the owner thereof, and
- The finding shall PUBLIC DOCUMENT, specifying therein the property donated and the value of the could transmit his ownership.
be publicly charges which the donee must satisfy. (1127)
announced by the The acceptance may be made in the same deed of donation or in a separate public - JUST TITLE – there is, when the
mayor for 2 document, but it shall not take effect unless it is done during the lifetime of the donor. adverse claimant came into
consecutive If the acceptance is made in a separate instrument, the donor shall be notified possession of the property
weeks in the way thereof in an authentic form, and this step shall be noted in both instruments. through one of the modes
he deems best. recognized by law for the
- If the movable VOID DONATIONS (739) acquisition of ownership or other
cannot be kept 1. Those made between persons who were guilty of adultery or concubinage at the real right, but the grantor was
without time of the donation not the owner or could not
deterioration, or 2. Those made between persons found guilty of the same criminal offense, in transmit any right. (1129)
without expenses consideration thereof - Ownership of movables
which 3. Those made to a public officer or his wife, descendants and ascendants, by reason prescribes through
considerably of his office. uninterrupted possession for 4
diminish its value, 4. Those made to incapacitated persons, though simulated under the guise of another years in good faith. (1132). 8
it shall be sold at contract or through a person who interposed. (743) years without need for any other
public auction NOTES: condition
days after the - All persons who may contract and dispose of their property may make a - Real rights over immovable
publication. donation. ( dapat absolute owner with free disposal) (735) property are acquired by
- 6 months from - The donor’s capacity shall be determined as of the time of the making of the ordinary prescription through
the publication donation. (737) possession of 10 years. (1134), or
having elapsed - VOID donation cannot be ratified. 30 years.
without the
owner having CLASSIFICATION OF DONATION EXTINCTIVE PRESCRIPTION
appeared, the 1. DONATION MORTIS CAUSA – donations which are to take effect upon the death of - Actions prescribe by the mere
thing found, or its the donor partake of the nature testamentary provisions, and shall be governed by the lapse of time fixed by law. (1139)
value, shall be rules established in the title on succession. (728) - rights and actions are lost by the
awarded to the lapse of time.
finder. The finder 2. DONATION INTERVIVOS – when the donor intends that the donation shall take 1. ACTIONS TO RECOVER MOVABLES –
and the owner effect during the lifetime of the donor, though the property shall not be delivered prescribe 8 years from the time the
shall be obliged, after the donor’s death. The fruits of the property from the time of the acceptance of possession thereof is lost, unless the
as the case may the donation, shall pertain to the done, unless the donor provides otherwise. (729) possessor has acquired the ownership by
be, to reimburse prescription
the expenses. DISTINCTIONS: 2. REAL ACTION OVER IMMOVABLES –
1. WHEN SHALL TAKE EFFECT after 30 years, without prejudice to what
IV – independently of the death of the donor. is established for the acquisition or
MC – upon the death of the donor. ownership and other real rights by
2. TRANSFER OF TITLE/ OWNERSHIP DURING DONOR’S LIFETIME prescription.
IV- there is transfer of title/ownership 3. MORTGAGE ACTION – 10 years
MC – none 4. ACTIONS THAT MUST BE BROUGHT
3. WON REVOCABLE DURING LIFETIME WITHIN 10 YEARS FROM TIME THE RIGHT
IV – irrevocable OF ACTION ACCRUES – 1) upon written
MC – revocable contract; 2) upon obligation created by
4. EFFECT IF DONOR SURVIVES THE DONEE law; and 3) Upon a judgment.
IV – valid 5. ACTIONS MUST COMMENCED WITHIN
MC – Void 6 YEARS – 1) upon an oral contract; 2)
5. FORMALITIES Upon a quasi-contract
IV- comply Art. 748 & 749 6. ACTIONS MUST BE INSTITUTED
MC – must be contained in the last will and testament. WITHIN 4 YEARS – 1) upon an injury to
the rights of the plaintiff; 2) Upon a quasi-
LIMITATIONS: delict
1. Donation may comprehend all the present property of the donor, or part thereon, 7. MUST BE FILED WITHIN 1 YEAR – 1)
Provided: forcible entry and detainer; 2)
- donor must reserve sufficient means for his support as well as for the support of defamation.
all relatives who, at the time of the acceptance of the donation, are by law entitled to
be supported. RIGHTS NOT EXTINGUISHED BY
- without such reservation, the donation shall be reduced on petition of any person. PRESCRIPTION
(750) 1. to demand right of way
2. Donation cannot comprehend future property: 2. bring an action to abate a public or
- those that cannot be dispose of at the time of donation. (751) private nuisance.
3. No person may give or receive, by way of donation, more than he may give or
receive by will. The donation shall be inofficious in all that may exceed this limitation. NOTE:
(752) - all other actions whose periods
are not fixed in this code or in
REDUCTION AND REVOCATION (764) other laws must be brought
- The donation shall be revoked at the instance of the donor, when the done within 5 YEARS from the time the
fails to comply with any of the conditions which the former imposed upon right of action accrues.
the latter.
- In this case, the property donated shall be returned to the donor, the DISTINCTIONS BETWEEN EXTINCTIVE
alienations made by the done and the mortgages imposed thereon by him PRESCRIPTION AND LACHES
being void, with the limitations established, with regard to 3 rd persons, by the - Prescription is concerned with
Mortgage Law and the Land Registration laws. the fact of delay. Whereas laches
- This action shall prescribe after 4 years from the non-compliance with the is concerned with the effect of
condition, may be transmitted to the heirs of the donor, may be exercised delay.
 against the donee’s heirs. - Prescription is a matter of time;
NOTE: The condition referred herein is charges and obligation, it is not a conditional laches is principally a question of
contract. If there is an automatic revocation, prescription does not apply. inequity of permitting a claim to
- If no fix period, in order for the prescription to run, the court may fix the be enforced, this inequity being
period. But this will not apply when it would serve no other purpose than to founded on some change in the
delay or lead to unnecessary and expensive multiplication of suits. condition of the property or the
- When the donation is an onerous one, the general rules on contracts must be relation of the parties.
applied, since the deed of donation is considered as written contract, under - Prescription is statutory; laches is
Art. 1144, the prescriptive period is 10 years from the time the cause of not. Laches applies in equity,
action accrues. whereas prescription applies at
- The right to file an action is transmissible to the donor’s heir and may be law. Prescription is based on
exercised against the donee’s heirs. fixed time, Laches is not.

REVOCATION BY REASON OF INGRATITUDE (765) LACHES

1. Donee commit some offense against the person, the honor or the property of the - There is laches when a party was
donor, or of his wife or children under his parental authority. negligent or has failed "to assert
2. Donee imputes to the donor any criminal offense, or any act involving moral a right within a reasonable time,"
turpitude, even though he should prove it, unless the crime or the act has been thus giving rise to the
committed against the done himself, his wife or children under his authority. presumption that he or she has
3. If he unduly refuses him support when the done is legally or morally bound to give abandoned it. Laches has set in
support to the donor. when it is already inequitable or
unfair to allow the party to
REVOCATION OF DONATION INTER VIVOS BY A PERSON WITH NO CHILDREN OR assert the right. :
DESCENDANTS (760)
1. If the donor, after the donation, should have legitimate or legitimated or illegitimate ELEMENTS:
children, even though they be posthumous. (1) the conduct of the defendant or one
2. If the child of the donor, whom the latter believed to be dead when he made the under whom he claims, gave rise to the
donation, should turn out to be living situation complained of;
3. If the donor should subsequently adopt a minor child. (2) there was delay in asserting a right
NOTE: It may be revoked or reduced insofar as it exceeds the portion that may be after knowledge of the defendant's
freely disposed of by will, taking into account the whole estate of the donor at the conduct and after an opportunity to sue;
time of the birth, appearance or adoption of a child. (3) defendant had no knowledge or notice
that the complainant would assert his
right;
(4) there is injury or prejudice to the
defendant in the event relief is accorded
to the complainant.