Professional Documents
Culture Documents
Q. What are the Three types of Accession with respect to Movable Property?
1.) Adjunction
2.) Mixture (commixtion or confusion)
3.) Specification
1. ADJUNCTION OR CONJUNCTION
Art. 466. Whenever two movable things belonging to different owners are, without bad
faith, united in such a way that they form a single object, the owner of the principal thing
acquires the accessory, indemnifying the former owner thereof for its value.
Q. What are the different Kinds of Adjunction, or what ways may adjunction take place?
A.
a.) Inclusion or Engraftment (example: ruby gem set on a gold bracelet)
b.) Attachment or Soldering (joining/soldering lead and colored glass in church windows)
c.) Writing (poems, novel or stories written by author)
d.) Painting (painting of landscape or portraits, etc. by artist)
e.) Weaving (organic or synthetic materials woven into clothing fabric, or baskets, containers)
Q. Who has the right to own the single object formed as a result of adjunction?
A. The owner of the principal thing acquires the accessory, indemnifying the former owner
thereof for its value.
Art. 467. The principal thing as between two things incorporated, is deemed to be that
to which the other has been united as an ornament, or for its use or perfection.
Art. 468. If it cannot be determined by the rule given in the preceding article which of
the two things incorporated is the principal one, the thing of the greater value shall be
so considered, and as between two things of equal value, that of the greater volume.
In painting and sculpture, writings, printed matter, engraving and lithographs, the
board, metal, stone, canvas, paper or parchment shall be deemed the accessory
thing.
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Q. What are the TESTS to determine which is the PRINCIPAL and which is the
ACCESSORY?
The PRINCIPAL is :
a.) That to which the other has been united as an ornament (Test of Intention),
or for its use, or perfection (Art. 467).
b.) That of greater value (Art. 468)
c.) That of greater volume (Art. 468)
d.) That which has greater merits (from combined consideration of utility & volume)
Example: Motor vehicle – principal is engine, other parts are accessories
What has been painted, sculpted, written or printed, is deemed of greater importance
and value.
Art. 469. Whenever the things united can be separated without injury, their respective
owners may demand their separation.
Nevertheless, in case the thing united for use, embellishment or perfection of the other,
is much more precious than the principal thing, the owner of the former may demand its
separation, even though the thing to which it has been incorporated may suffer some
injury.
Q. In ADJUNCTION under Art. 469, can the respective owners demand the separation of
things united?
o 1st par. of Art. 469, applies to adjunction such as soldering and inclusion. Owners may
demand separation IF it can be made without substantial injury to the things united.
o 2nd par. allows separation even if injury is caused to the thing to which it is
attached/incorporated, in case the accessory is more precious than the principal.
Example: Diamond gem stone as ornament to a silver ring. Owner of the more precious diamond
can ask for separation even if injury will result to the ring. Expenses must be borne by the person
who caused the union, considering that both parties are in good faith.
Art. 470. Whenever the owner of the accessory thing has made the incorporation in
bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify
the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the owner of
the accessory thing shall have a right to choose between the former paying him its value
of that the thing belonging to him be separated, even though, for this purpose it be
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necessary to destroy the principal thing; and in both cases, furthermore, there shall be
indemnity for damages.
If either one of the owners has made the incorporation with the knowledge and
without the objection of the other, their respective rights shall be determined as though
both acted in good faith.
c.) If BOTH PARTIES ARE IN BAD FAITH – both will be deemed as if IN GOOD FAITH.
o Apply Art. 469 rule in Adjunction - Respective owners may demand separation, if the
things united can be separated without injury.
o However, in case the thing united for use, embellishment or perfection of the other, is
much more precious than the principal thing, the owner of the former may demand its
separation, even though the thing to which it has been incorporated may suffer some
injury.
Art. 471. Whenever the owner of the material employed without his consent has a right to
an indemnity, 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 else in the price thereof,
according to expert appraisal.
Q. What is the rule whenever the owner of the material employed without his consent has a
right to an indemnity?
o Rule as to right to indemnity applies only if material was used without its owner´s
consent.
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o Material referred to in Art. 471 may have been employed as the principal or accessory in
the adjunction.
2. COMMIXTION or CONFUSION
Art. 472. If by the will of their owners two things of the same or different kinds are
mixed, or if the mixture occurs by chance, and in the latter case the things are not
separable without injury, each owner shall acquire a right proportional to the part
belonging to him, bearing in mind the value of the things mixed or confused.
Art. 473. If by the will of only one owner, but in good faith, two things of the same or
different kinds are mixed or confused, the rights of the owners shall be determined by
the provisions of the preceding articles.
If the one who caused the mixture or confusion acted in bad faith, he shall lose the
things belonging to him thus mixed or confused, besides being obliged to pay indemnity
for the damages caused to the owner of the other thing with which his own was mixed.
Arts. 472 and 473 deal with Mixture wherein the respective identities of the component
elements are lost in the union or combination of the materials.
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e.) If mixture was caused by negligence of one of the parties, one who is negligent is liable
(culpa aquiliana) and should pay damages (Art. 2176). Good faith does not necessarily
exclude negligence (Art. 456).
3. SPECIFICATION
Art. 474. One who in good faith employs the material of another in whole or in part in
order to make a thing of a different kind, shall appropriate the thing thus transformed as
his own, indemnifying the owner of the material for its value.
If the material is more precious than the transformed thing or is of more value, its
owner may, at his option, appropriate the new thing to himself, after first paying
indemnity for the value of the work, or demand indemnity for the material.
If in the making of the thing bad faith intervened, the owner of the material shall
have the right to appropriate the work to himself without paying anything to the maker,
or to demand of the latter that he indemnify him for the value of the material and the
damages he may have suffered. However, the owner of the material cannot appropriate
the work in case the value of the latter, for artistic or scientific reasons, is considerably
more than that of the material.
Art. 475. In the preceding articles, sentimental value shall be duly appreciated.
SPECIFICATION – is the giving of a new form to another material thru the application of labor.
The material undergoes a transformation or change of identity or nature.
o In SPECIFICATION, the rule of “accessory follows the principal” applies - with LABOR as
the PRINCIPAL.
Examples:
a.) Baking cake with flour of another
b.) Using paint of another to create a painting on one´s own canvas
(NOTE: If painter uses his own paint but on the canvas of another, this is adjunction.
Reason: Canvas is deemed as accessory in Art. 468 on adjunction)
o GEN. RULE: the WORKER or Maker, is entitled to appropriate the finished product and
NOT the owner of material.
Example: Abueva created a Sculpture using scraps of iron and glass materials of Ben. Sculptor
Abueva will own the sculpture, but he must pay Andoy for the value of materials.
o EXCEPTION: It is only when the material is more precious or more valuable than the
transformed thing, that the owner of the material is given the preference or choice.
RULES IN SPECIFICATION:
2.) If the Worker is in Bad Faith, the Owner of the Material has the ff. option:
a. He can appropriate the work without paying for the labor;
b. Or - he can demand indemnity for his materials plus Damages
Exception: No option to appropriate if the value of the resulting work is more valuable for
artistic or scientific reasons.
Note: Distinguish Specification from Mixture and Adjunction. (p. 294 of Paras, CC.)