MODULE 3 OWNERSHIP

SUMMARY OUTLINE

Title 2 – Ownership
Chapter 1- Ownership in General ( Articles 427-439)

A. Concept of Ownership (Art. 427)

Art. 427. Ownership may be exercised over things or rights. (n)

RABUYA:
Concept of Ownership
Property and Ownership, Distinguished
As discussed in supra § 1.1, the word “property” is derived from the Roman word
proprius, meaning one’s own which, in essence, is the concept of ownership. In fact, the
Roman word proprietas1 means ownership in Roman Law, although the more usual word
is dominium, which means the mastery or the absolute control over a thing except as may
be restrained by law.2 Dominion or ownership, on the other hand, comes from domus or
house for in Roman Law the master of the house is called dominus and his domestic power
over the household is called dominium.3 Thus, in Roman Law, there appears to be no
difference between the concepts of property and ownership.

Castan is likewise of the view that between property and ownership, there is really no
difference in extent or contents but simply a difference of viewpoint.4 According to him,
while ownership implies the power over a thing which belongs to the owner (which
concept, therefore, has a predominantly objective meaning); property, on the other hand,
accentuates the relation between the thing and the owner to whom it belongs (which
concept, therefore, has a predominantly objective meaning).

Our Civil Code, however, clearly differentiates between property and ownership. The
concept of “property” under the Civil Code refers to those things which are susceptible of
appropriation while the concept of “ownership” refers to the mass or bundle of rights that
may be exercised over a property. In other words, ownership refers to the bundle of rights
that may be exercised over a property while the latter is the object of the exercise of such
rights.

1. Characteristics of Ownership
2. Rights Included in Ownership (Art. 428)

RABUYA:
The Civil Code does not defi ne ownership. Instead, the Code
simply enumerates the rights which are included therein, as follows:
(1) the right to enjoy the property (Art. 428, par. 1, NCC);
(2) the right to dispose the property (Art. 428, par. 1, NCC);
(3) the right to recover the property from any holder or possessor
(Art. 428, par. 2, NCC);
(4) the right to exclude any person from enjoyment and disposal
of the property (Art. 429, NCC);
(5) the right to enclose or fence the land or tenement (Art. 430,
NCC);
(6) the right to demand indemnity for damages suffered due to
lawful interference by a third person to avert an imminent
danger (Art. 432, NCC);
(7) the right to just compensation in case of eminent domain
(Art. 435, NCC);
(8) the right to construct any works or make any plantations and
excavations on the surface or subsurface of the land (Art.
437, NCC);
(9) the right to hidden treasure found in the owner’s property
(Art. 438, NCC); and
(10) the right to accessions. (Art. 440, NCC)

PARAS:
(1) Rights of an Owner Under the Civil Code

Under Art. 428, the owner has:

(a) the right to enjoy
(b) the right to dispose
(c) the right to recover or vindicate.

The right to enjoy includes:

(a) the right to possess
(b) the right to use
(c) the right to the fruits.

The right to dispose includes:

(a) the right to consume or destroy or abuse
(b) the right to encumber or alienate.

(2) Rights of an Owner Under Roman Law

(a) jus possidendi — the right to possess (The right to possess means the right to
hold a thing or to enjoy a right. In either case, it means that the thing or right is
subject to the control of my will.)

(b) jus utendi — the right to use (The right to use includes the right to exclude any
person, as a rule, from the enjoyment and disposal thereof. For this purpose, the
owner-possessor may use such force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical invasion or usurpation of the
property)

(c) jus fruendi — the right to the fruits (The right to the fruits includes the right to
three kinds of fruits — natural, industrial and civil fruits (such as rents from
buildings). The right to natural fruits extends to the young of animals. (Art. 441). It
has been held that only owners, and not mortgagees, can claim damages for injury
to the fruits of a piece of land and for injury caused by the deprivation of
possession. The recovery of these damages is indeed an attribute of ownership.
(Calo v. Prov. Sheriff of Laguna, [CA] L-214-R, Mar. 5, 1954).)

(d) jus abutendi — the right to consume (and also to transform or abuse) (In
Roman law, jus abutendi did not really mean the right to abuse, but the right to
consume. However, modern terminology allows both meanings. A person can
indeed burn his own house if in an isolated place, but not where the burning would
endanger the properties of others. A person can dispose of his wealth, but he must
leave enough for his own support and for those whom he is obliged to support. (Art.
750). If a person wastes his money for the purpose of depriving his compulsory
heirs of their rightful legitime, he may be declared a spendthrift or prodigal.
(Martinez v. Martinez, 1 Phil. 182).)

(e) jus disponendi — the right to dispose (The right to dispose includes the right
to donate, to sell, to pledge or mortgage. However, a seller need not be the owner at
the time of perfection of the contract of sale. It is suffi cient that he be the owner at
the time of delivery. (Art. 1459). It is essential in the contract of mortgage or pledge
that the mortgagor or the pledgor be the owner of the thing mortgaged or pledged,
otherwise the contract is null and void. (Art. 2085; see also Contreras v. China
Banking Corp., [CA] GR 74, May 25, 1946). A mortgage, whether registered or not, is
 binding between the parties, registration being necessary only to make the same
valid as against third persons. (Samanillo v. Cajucom, et al., L-13683, Mar. 28,
1960). A husband cannot ordinarily donate property of considerable value to his
wife as long as the marriage lasts. Such a donation is considered null and void. (Art.
133; Uy Coque v. Navas, 45 Phil. 430). The same rule is applicable to a donation
between a common-law husband and a common-law wife, according to a decision
promulgated by the Court of Appeals.)

(f) jus vindicandi — the right to recover. (The right to recover is given expressly in
Art. 428 which provides that “the owner has also a right of action against the holder
and possessor of the thing in order to recover it.” Moreover “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.” (Art. 539, par. 1). Thus, jus vindicandi is transmissible to
the heirs or assignees of the person entitled to it. (See Waite v. Peterson, et al., 8
Phil. 449). If somebody actually possesses a piece of property, and claims to be the
owner thereof, the law raises a disputable presumption of ownership. The true
owner must then resort to judicial process for the recovery of the property. (Art.
433). In other words, the true owner must not take the law into his own hands.)

3.Principle of Self-help (Art. 429) and

RABUYA:
PARAS:

State of Necessity (Art. 432)

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4. Use Injuring Rights of Third Persons (Art. 431)

RABUYA:
- Basaha na lang ang pdf. Page 122+

PARAS :

5. Legal Remedies to Recover One’s Possession

- Accion Interdictal (Forcible Entry and Unlawful Detainer)
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- Accion Publiciana
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 - Accion Reivindicatoria
-
RABUYA: page 139. basaha

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6. Surface Rights (Art. 437)

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RABUYA:
7. Hidden Treasure (Arts. 438-439)

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RABUYA:
Chapter 2- Right of Accession General Provisions
Article 440

PARAS:
RABUYA:
Section 1- Right of Accession with respect to what is produced by property
( Accession Discreta) Articles 441-444

Section 2- Right of Accession with respect to Immovable Property

Article s 445-465

1. Accession With Respect to Immovable Property

a. Accession Discreta
b. Accession Continua

i. Accession industrial
a. Article 448
b. Article 448 & 447 applied by analogy
c. Good Faith
ii. Accession Natural
a. Alluvium or Alluvion (Arts. 457-458)
b. Avulsion ( Art. 459)
c. Change of Course of Rivers
d. Formation of Islands ( Arts. 463-465)

2. Accession With Respect to Movable Property ( Arts. 466-475)

a. Adjunction/Conjunction (Arts. 466-471)

b. Mixture (Arts. 472-473)
c. Specification (Arts. 474)

3. Quieting of Title (Arts. 476–481)

4. Requisites
5. Classes
6. Ruinous Buildings and Trees in Danger of Falling (Arts. 482–483)
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