Property Reviewer

San Beda College of Law
26
MEMORY AID IN CIVIL LAW
PROPERTY
PROPERTY with the intention to have them
 All things which are, or may be the permanently attached to the land,
object of appropriation and forming a permanent part of it;
the animals in those places are
 Requisites: (USA) included;
8. fertilizer actually used on a piece of
1. utility
land;
2. substantivity or individuality 9. mines, quarries and slag dumps, while
3. appropriability the matter thereof forms part of the
bed, and waters either running or
I. stagnant;
A. IMMOVABLE PROPERTIES 10. docks and structures which, though
1. land, buildings, roads and floating, are intended by their nature
constructions of all kinds adhered to and object to remain at a fixed place
the soil; on a river, lake or coast; and
2. trees, plants and growing fruits, 11. contracts for public works, and
while they are attached to the land servitudes and other real rights over
or form an integral part of an immovable property
immovable;
3. everything attached to an immovable  Categories: (NIDA)
in a fixed manner in such a way that 1. Real by nature – it cannot be
it cannot be separated therefrom carried from place to place (pars.
without breaking the material or 1 & 8, Art. 415, Civil Code)
deterioration of the object;
4. statues, reliefs, paintings or other
2. Real by incorporation – attached
to an immovable in a fixed
objects for use or ornamentation,
manner to be an integral part
placed in buildings or on lands by the
thereof (pars. 1-3 Art. 415, Civil
owner of the immovable in such a
Code)
manner that it reveals the intention
to attach them permanently to the 3. Real by destination – placed in a
tenements; n immovable for the utility it
5. machinery, receptacles, instruments gives to the activity carried
or implements intended by the owner thereon (pars. 4-7 and 9 Art. 415,
of the tenement for an industry or Civil Code)
works which may be carried on in a 4. By analogy it is so classified by
building or on a piece of land, and express provision of law (par. 10,
which tend directly to meet the Art. 415, Civil Code)
needs of the said industry or works;
Requisites: B.MOVABLE PROPERTIES
a. made by owner
b. industry or works carried on 1. those movables susceptible of
building or on land appropriation which are not included
c. machines, etc must tend directly in the preceding article;
to meet needs of the industry or 2. real property which by any special
works provision of law is considered as
d. machines, etc. must be essential personalty;
and principal elements of the 3. forces of nature which are brought
industry. under control of science;
6. animal houses, pigeon-houses, 4. in general, all things which can be
7. beehives, fishponds or breeding transported from place to place
places of similar nature, in case their without impairment of the real
owner has placed or preserved them, property to which they are fixed;
CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John
Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
27
5. obligations and actions which have as immovables.

for their object movables or 2) Fact of separation determines
demandable sums; and the condition of the objects
6. shares of stock of agricultural, thus recovering their condition
commercial and industrial entities, as movables.
although they have real estate. * the latter view is supported by
Paras and Tolentino who maintains
TESTS: that the failure of the codifiers to
a) By exclusion: movables are reproduce the provision of the
everything not included in Art. 415. partidas on the matter is an
b) By description: an object is indication that they did not intend
movable if it possesses: the rule to continue.
1) Ability to change location f) A building that is to be sold or
2) Without substantial injury to the mortgaged and which would be
immovable to which it is immediately demolished may be
attached. considered personal property and the sale
or mortgage thereof would be a sale of
Important Doctrines/principles on chattel, or a chattel mortgage
immovable and movable properties: respectively, for the true object of the
a) A Building is an immovable even if contract would be the materials.
not erected by the owner of the land.
The only criterion is union or II.
incorporation with the soil. (Ladera A. PROPERTY OF PUBLIC DOMINION
vs. Hodges, 48 O.G. 4374).  Concept: It is not owned by the state
b) Parties to a contract may by but pertains to the state, which, as
agreement treat as personal territorial sovereign exercises certain
properties that which by nature juridical prerogatives over such
would be real property; and it is a property. The ownership of such
familiar phenomenon to see things properties is in the social group,
classes as real property for purposes whether national, provincial or
of taxation which on general principle municipal.
might be considered personal  Purpose: To serve the citizens and
property (Standard Oil Co. vs. not the state as a juridical person.
Jaranillo, 44 Phil 631).  Kinds:
c) For purposes of attachment and 1. Those intended for public use
execution and for purposes of the 2. Those which are not for public
Chattel Mortgage Law, ungathered use but intended for public
products have the nature of personal service
property. (Sibal vs. Valdez, 50 Phil, 3. Those intended for the
512). development of the national
d) The human body, whether alive or wealth
dead, is neither real nor personal  CHARACTERISTICS:
property, for it is not even property 1. Outside the commerce of man
at all, in that it generally cannot be 2. Inalienable. But when no longer
appropriated. Under certain needed for public use or service,
conditions, the body of a person or may be declared patrimonial
parts thereof may be subject matter property. In Laurel vs. Garcia
of a transaction. (See RA No. 349, RA (187 SCRA 797), the Supreme
No. 7170, RA No. 7719). Court held that “whether or not
e) What is the effect of temporary the Roppongi and related
separation of movables from the properties will eventually be sold
immovables to which they have been is a policy determination where
attached? both the President and Congress
2 Views: must concur”.
1) They continue to be regarded
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collectively and those belonging to

3. Cannot be acquired by the State and any of its political
prescription subdivisions which are patrimonial in
4. Not subject to attachment or nature
execution Muebles or furniture generally has for
5. Cannot be burdened with its principal object the furnishing or
easements ornamenting of a building. Note that
there are exceptions to this definition
NOTE: They cannot be registered under and are generally not included as
the land registration law and be the furniture unless the law or the
subject of a Torrens title. The character individual’s declaration include them.
of public property is not affected by
possession or even a Torrens Title in favor OWNERSHIP
of private persons. (Palanca vs.  The right to enjoy, dispose, and
Commonwealth, 69 Phil. 449). recover a thing without further
limitations than those established by
B. PATRIMONIAL PROPERTY OF THE law or the will of the owner.
STATE
 Property of the State owned by it in  Rights included:
its private or proprietary capacity. 1. Right to enjoy: (PUFA)
 the state has the same rights over a) to possess (jus possidendi)
this kind of property as a private b) to use (jus utendi)
individual in relation to his own c) to the fruits (jus fruendi) and
private property accessions
d) to abuse (jus abutendi)
C. PROPERTY OF LOCAL GOVERNMENT 2. Right to dispose: (DATE)
UNITS (LGUs) a) to destroy
1. Property for public use – consist b) to alienate
of roads, streets, squares, fountains, c) to transform
public waters, promenades and public d) to encumber
works for public service paid for by 3. Right to vindicate: (RP)
the LGUs a) pursuit
2.Patrimonial Property – all other b) recovery
property possessed by LGUs without 4. Right to exclude: (ER)
prejudice to provisions of special laws a) to enclose, fence and delimit
b) to repel intrusions even with
NOTE: In the case of Province of force
Zamboanga Del Norte vs. City of
Zamboanga, the Supreme Court Characteristics: (EGEIP)
categorically stated that “this court is not 1. Ownership is Elastic – power/s
inclined to hold that municipal property may be reduced and thereafter
held and devoted to public service is in automatically recovered upon the
the same category as ordinary private cessation of the limiting rights.
property. The classification of municipal 2. General – the right to make use
property devoted for distinctly of all the possibilities or utility of the
governmental purposes as public should thing owned, except those attached
prevail over the Civil Code in this to other real rights existing thereon.
particular case”. Here, the Law of
Municipal Corporations was considered as
3. Exclusive – there can only be one
ownership over a thing at a time.
a special law in the context of Article 424
There may be two or more owners
of the NCC.
but ONLY ONE ownership.
PROPERTY OF PRIVATE OWNERSHIP 4. Independence – It exists without
refers to all property belonging to necessity of any other right
private persons either individually or 5. Perpetuity – ownership lasts as
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long as the thing exists. It cannot be  REPLEVIN - remedy when

extinguished by non user but only by the complaint prays for the recovery
adverse possession. of the possession of personal
 Limitations: property.
1. General limitations imposed by the
State for its benefit 2. Real Property:
2. Specific limitations imposed by law a. ACCION INTERDICTAL
3. Limitations imposed by the party
 Nature: summary action
transmitting the property either by
to recover physical or material
contract or by will
possession only. It consists of the
4. Limitations imposed by the owner
summary actions of:
himself
1. Forcible entry
5. Inherent limitations arising from
 Action for recovery of
conflict with other rights
material possession of real
property when a person
De Facto case of Eminent Domain
originally in possession was
 expropriation resulting from the
deprived thereof by force,
actions of nature as in one case
intimidation, strategy, threat
where land becomes part of one sea.
or stealth
The owner loses his property in favor
2. Unlawful Detainer
of the state without any
 Action for recovery of
compensation.
possession of any land or
building by landlord, vendor,
Principle of Self-Help
vendee, or other person
 right of the owner or lawful possessor
against whom the possession
to exclude any person from the
of the same was unlawfully
enjoyment and disposal of the
withheld after the expiration
property by the use of such force as
or termination of the right to
may be necessary to repel or prevent
hold possession, by virtue of
actual or threatened unlawful
any contract.
physical invasion or usurpation of his
property.
Forcible Entry Unlawful Detainer
 Requisites: (RONA)
1. reasonable force As to when possession became unlawful
2. owner or lawful possessor is the Possession of the Possession is
person who will exercise defendant is inceptively lawful
3. no delay in one’s exercise unlawful from the but becomes illegal
4. actual or threatened physical invasion beginning as he from the time
or usurpation acquires defendant
possession by unlawfully
Force, withholds
GENERAL RULE: A person cannot intimidation, possession after the
interfere with the right of ownership of strategy, threat or expiration or
another. stealth termination of his
EXCEPTION: Doctrine of Incomplete right thereto.
Privilege or State of Necessity (Article As to the necessity of demand
432) No previous Demand is
demand for the jurisdictional if the
 Requisites: (ID) defendant to ground is non-
1. Interference necessary vacate is payment of rentals
2. Damage to another much greater necessary or failure to comply
than damage to property with the lease
contract
LEGAL REMEDIES TO RECOVER As to necessity of proof of prior physical
POSSESSION OF ONE’S PROPERTY possession
1. Personal property: Replevin Plaintiff must Plaintiff need not
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prove that he was have been in prior property of another, or of the

in prior physical physical possession state or any of its political
possession of the subdivisions;
premises until he 2. The finding was made by chance;
was deprived
3. The finder is not a co-owner of
thereof by the
defendant the property where it is found;
As to when the 1 year period is counted 4. The finder is not a trespasser;
from 5. The finder is not an agent of the
1 year period is 1 year period is landowner;
generally counted counted from the 6. The finder is not married under
from the date of date of last demand the absolute community or the
actual entry on or last letter of conjugal partnership system
the land demand (otherwise his share belongs to
the community).
b. ACCION PUBLICIANA
 Nature: Ordinary civil ACCESSION
proceeding to recover the better  The right by virtue of which the
right of possession, except in owner of a thing becomes the owner
cases of forcible entry and of everything that it may produce or
unlawful detainer. The involved which may be inseparably united or
is not possession de facto but incorporated thereto, either naturally
possession de jure. or artificially.
c. ACCION REIVINDICATORIA  Classifications:

 Nature: action to 1. Accession Discreta – the right
recover real property based on pertaining to the owner of a thing over
ownership. Here, the object is everything produced thereby
the recovery of the dominion
over the property as owner. Kinds of Fruits
 Requisites: a. natural fruits – spontaneous
1. Identity of the Property products of the soil and the
2. Plaintiff’s title to the young and other products of
property animals
b. industrial fruits – those produced
Surface Rights by lands of any kind through
 The owner of parcel of land is the cultivation or labor
owner of its surface and everything c. civil fruits – rents of buildings,
under it. price of leases or lands and the
 The economic utility which such amount of perpetual or life
space or subsoil offers to the owner annuities or other similar income
of the surface sets the limit of the
owner’s right to the same.  GENERAL RULE: To the owner
belongs the natural, industrial, and
HIDDEN TREASURE civil fruits.
 Definition: any hidden or unknown  EXCEPTIONS: If the thing is:
deposit of money, jewelry or other (PULA)
precious objects, the lawful a) in possession of a
ownership of which does not appear. possessor in good faith;
GENERAL RULE: It belongs to the owner b) subject to a usufruct;
of the land, building or other property on c) leased or pledged; or
which it is found. d) in possession of an
EXCEPTIONS: The finder is entitled to ½ antichretic creditor
provided:
1. Discovery was made on the
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2. Accession Continua – the right Colleges, Inc. vs. Timbang, 106 Phil.
pertaining to the owner of a thing over 247)
everything that is incorporated or c) Article 448 is not applicable where a
attached thereto either naturally or person constructs a house on his own
artificially; by external forces. land and then sells the land, not the
a. With respect to real property building. (Coleongco vs. Regalado, 27
i. accession industrial Phil 387)
 building, planting or sowing d) Article 448 does not apply to cases
ii. accession natural which are governed by other
 alluvium, avulsion, change provisions of law such as co-
of river course, and ownership, usufruct, agency, lease.
formation of islands e) The provision on indemnity in Art.
b. With respect to personal 448 may be applied by analogy
property considering that the primary intent of
i. adjunction or conjuction the law is to avoid a state of forced
ii. commixtion or confusion co-ownership especially where the
iii specification parties in the main agree that
Articles 448 and 546 are applicable
Basic Principles: (GONE BAD) and indemnity for the improvements
1. He who is in good faith may be held may be paid although they differ as
responsible but will not be penalized. to the basis of the indemnity. (Pecson
2. To the owner of a thing belongs the vs. CA 244 SCRA 407).
extension or increase of such thing.
3. Bad faith of one party neutralizes the ACCESSION NATURAL
bad faith of the other. 1. Alluvion or alluvium – increment
4. There should be no unjust enrichment which lands abutting rivers gradually
at the expense of others. receive as a result of the current of
5. Bad faith involves liability for the waters.
damages.  Concept: it is the gradual
6. Accessory follows the principal. deposit of sediment by the
7. Accession exists only if the natural action of a current of
incorporation is such that separation fresh water (not sea water, the
would either seriously damage the original identity of the deposit
thing or diminish its value. being lost.
Right of Accession with respect to  Requisites:

Immovable Property a) the deposit be gradual
NOTE: See TABLES and imperceptible
b) that it be made through
 Important Doctrines/Principles: the effects of the current of the
a) Under Art 448, the landowner may water
not refuse both to pay for the c) that the land where
building and to sell the land and accretion takes place is adjacent
instead seek to compel the owner of to the banks of the river.
the building to remove the building NOTES:
from the land. He is entitled to such  The owners of the lands adjoining the
removal ONLY when, after having banks of the river (riparian lands)
chosen to sell the land, the other shall own the accretion which they
party fails to pay for said land. gradually receive.
(Ignacio vs. Hilario, 76 Phil. 605)  Accretion operates ipso jure.
b) Should no other arrangement be However, the additional area is not
agreed upon, the owner of the land covered by a Torrens title and the
does not automatically become the riparian owner must register the
owner of the improvement. (Filipinas additional area.
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3. belongs to the 3. belongs to the

 Doctrines: owner of the owner from whose
a) Where the deposit is by property to which property it was
it is attached detached
sea water, it belongs to the state
4. merely an 4. detachment fol-
b) A gradual change of bed attach-ment lowed by
is also governed by the rules of attachment
alluvium (Canas vs. Tuason 5
Phil. 689)
3. Change of course of rivers
 Requisites:
2. Avulsion – the transfer of a known a) There must be a natural
portion of land from one tenement to
change in the course of the
another by the force of the current.
waters of the river
The portion of land must be such that
b) The change must be
it can be identified as coming from a
abrupt or sudden
definite tenement.
NOTES:
 Requisites:  Once the river bed has been
a) The segregation and transfer abandoned, the owners of the
must be caused by the current of invaded land become owners of the
a river, creek or torrent. abandoned bed to the extent
b) The segregation and transfer provided by this article. No positive
must be sudden or abrupt act is needed on their part, as it is
c) The portion of land transported subject thereto ipso jure from the
must be known or identified moment the mode of acquisition
becomes evident.
NOTES:  It does not apply to cases where the
 The owner must remove the river simply dries up because there
transported portion within two years are no persons whose lands are
to retain ownership occupied by the waters of the river.
 In case of uprooted trees, the owner
retains ownership if he makes a claim
4. Formation of Islands
RULES ON OWNERSHIP
within 6 months. This refers only to
a. If formed by the sea:
uprooted trees and does not include
1) within territorial waters -
trees which remain planted on a
State
known portion of land carried by the
2) outside territorial waters – to
force of the waters. In this latter
the first occupant
case, the trees are regarded as
b. If formed in lakes, or navigable or
accessions of the land through
floatable rivers - State
gradual changes in the course of
c. If formed on non-navigable or non-
adjoining stream. (Payatas vs.
floatable rivers:
Tuazon)
1) if nearer to one margin or
 Registration under the Torrens system bank – to the nearer reparian
does not protect the riparian owner owner
against diminution of the area of his 2) if equidistant from both
land through gradual changes in the banks- to the reparian
course of adjoining stream (Payatas owners, by halves.
vs. Tuazon). NOTE: There is no accession when islands
are formed by the branching of a river;
Alluvium Avulsion the owner retains ownership of the
1. gradual and 1. sudden or isolated piece of land.
imperceptible abrupt process
2. soil cannot be 2. identifiable and
Right of Accession with respect to
identified verifiable
movable property
 Basic Principle: Accession exists only
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if separation is not feasible. a. separation

Otherwise, separation may be without injury
demanded. b. accessory is more
precious than the principal
 KINDS (accession continua as to c. owner of the
movables): principal acted in bad faith
1. Adjunction 2. Mixture
 the union of two things belonging  Union of materials where the
to different owners, in such a components lose their identity.
manner that they cannot be  Kinds:
separated without injury, thereby a. Commixtion – mixture of
forming a single object. solids
 Requisites b. Confusion – mixture of
a) the two things must liquids
belong to different owners
b) that they form a single  Rules:
object, or that their separation a. By the will of both
would impair their nature owners or by accident: each
Kinds: owner acquires an interest in
a. inclusion or engraftment proportion to the value of his
b. soldadura or soldering material
c. escritura or writing b. By one owner in good
d. pintura or painting faith: apply rule(a)
e. tejido or weaving c. By one owner in bad
 Tests to determine principal: faith:
a. the “rule of importance and i) he loses all his rights to his
purpose own material
b. that of greater value ii) he is liable for damages
c. that of greater volume
d. that of greater merits 3. Specification
 It is the transformation of another’s
 Rules: material by the application of labor.
a)Adjunction in good faith by either The material becomes a thing of
owner: different kind.
GENERAL RULE : accessory follows
 Labor is the principal
the principal.
EXCEPTIONS if the accessory is
much more precious than the  Rules:
principal, the owner of the accessory a) Owner of the principal
may demand the separation even if (worker) in good faith:
the principal suffers some injury i) maker acquires the new thing
b) Adjunction in bad faith by ii) he must indemnify the owner
the owner of the principal of the material
EXCEPTION : if the material is
 option of the owner of the
more valuable than the resulting
accessory:
thing, the owner of the material
i) to recover the value plus
has the option:
damages
1) to acquire the work,
ii) to demand separation plus
indemnifying for the labor, or
damages
2) to demand indemnity for the
c) Adjunction in bad faith by
material
the owner of the accessory
i) he loses the accessory b) owner of the principal
ii) he is liable for damages (worker) in bad faith: the owner
of the material has the option:
 When separation of things i) to acquire the result without
allowed: indemnity
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ii) to demand indemnity for the

material plus damages Action to quiet Action to remove
c) Owner of the material in title a cloud on
bad faith title
i) he loses the material PURPOSE
ii) he is liable for damages to put an end to to remove a
troublesome possible foundation
Adjunction Mixture Specification litigation in respect for a future hostile
1. Involves at Involves at May involve to the property claim
least 2 things least 2 one thing (or involved
things more) but NATURE OF THE ACTION
form is remedial action Preventive action
changed involving a present to prevent a future
adverse claim cloud on the title
2. Accessory Co- Accessory
follows the ownership follows the
principal results principal
3. Things Things The new
joined retain mixed or object retains  The action to quiet title does not
their nature confused or preserves apply:
may either the nature of a) to questions involving
retain or the original interpretation of documents
lose their object. b) to mere written or oral assertions
respective of claims; EXCEPT:
natures i) if made in a legal proceeding
ii) if it is being asserted that the
QUIETING OF TITLE instrument or entry in
 It is an equitable action in rem to plaintiff’s favor is not what it
determine the condition of the purports to be
ownership or the rights to immovable c) to boundary disputes
property, and remove doubts d) to deeds by strangers to the title
thereon. UNLESS purporting to convey the
property of the plaintiff
 Requisites: e) to instruments invalid on their
1. plaintiff must have a legal or face
equitable title to, or interest in the f) where the validity of the
real property which is the subject instrument involves pure
matter of the action; questions of law
2. there must be a cloud in such title;
3. such cloud must be due to some Ruinous Buildings and Trees in Danger
instrument, record, claim, of Falling:
encumbrance or proceeding which is
 As to buildings – the owners is obliged
apparently valid but is in truth
to demolish or execute necessary
invalid, ineffective, voidable or
work to prevent the building from
unenforceable, and is prejudicial to
falling. Should he fail to do so, the
the plaintiff’s title; and
authorities shall order its demolition
4. plaintiff must return to the defendant
at the expense of the owner, or take
all benefits he may have received
measures to insure public safety.
from the latter, or reimburse him for
expenses that may have redounded to  The complainant must show that his
his benefit. property is adjacent to the dangerous
construction, or must have to pass by
 Prescriptive Period: necessity in the immediate vicinity.
1. plaintiff in possession –  The owner is responsible for damages
imprescriptible to others due to lack of necessary
2. plaintiff not in possession – 10 repairs. However, if the damage is
(ordinary) or 30 years (extraordinary) caused by defects in the
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construction, then the builder is collective enjoyment obtain profits

responsible for the damages. of the thing
4. Co-owner can 4. A partner, unless
CO-OWNERSHIP dispose of his shares authorized cannot
without the consent dispose of his share
 Definition: the right of common of the others with the and substitute
dominion which two or more persons transferee another as a partner
have in a spiritual part of a thing automatically in his place
which is not physically divided. becoming a co-owner
 Concept: co-ownership exists where 5. There is no mutual 5. A partner can
representation generally bind the
the ownership of a thing physically partnership
undivided pertains to more than one 6. Distribution of 6. Distribution of
person. profits must be profits is subject to
proportional to the the stipulation of the
respective interests parties
of the co-owners
7. A co-ownership is 7. Death or incapacity
Characteristics: not dissolved by the dissolves the
plurality of subjects (the co- death or incapacity partnership
of a co-owner
owners)
8. no public 8. May be made in
a) there is a single object
instrument needed any form except when
which is not materially divided even if real property real property is
b) there is no mutual is the object of the contributed
representation by the co-owners co-ownership
c) it exist for the common 9. An agreement to 9. There may be
enjoyment of the co-owners keep the thing agreement as to a
d) it has no distinct legal undivided for a period definite term without
personality of more than 10 years limit set by law
e) it is governed first of all is void
by the contract of the parties;
otherwise, by special legal  Rules:
provisions, and in default of such
provisions, by the provisions of
1. Rights of each co-owner as to the
Title III on co-ownership thing owned in common: USBRAP-
LDP
Sources: a) To use the thing owned in
1. Law common
2. Contract  Limitations:
3. Chance i) use according to the purpose
4. Occupati for which it was intended
on ii) interest of the co-ownership
5. Successio must not be prejudiced
n iii) other co-owners must not be
6. Testame prevented from using it
ntary disposition or donation according to their own rights
inter vivos b) To share in the benefits and
charges in proportion to the
interest of each.
Co-ownership Partnership NOTE: Any stipulation to the contrary
1. Can be created 1. Can be created
is void.
without the only by contract,
formalities of a express or implied c) To the benefits of prescription:
contract prescription by one co-owner
2. Has no juridical or 2. Has juridical benefits all.
legal personality personality distinct d) Repairs and taxes: to compel the
from the partners others to share in the expenses of
3. Purpose is 3. Purpose is to
CIVIL LAW COMMITTEE

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preservation even if incurred community prevents

without prior notice. partition.
NOTE: The co-owner being compelled 4) When partition would render
may exempt himself from the the thing unserviceable.
payment of taxes and expenses by 5) When partition is prohibited
renouncing his share equivalent to by law
such taxes and expenses. The value 6) When another co-owner has
of the property at the time of the possessed the property as
renunciation will be the basis of the exclusive owner for a period
portion to be renounced. sufficient to acquire it by
e) Alterations: to oppose prescription.
alterations made without the
consent of all, even if beneficial. 2. The following questions are
NOTES: governed by the majority of
 Alteration is an act by virtue of interests:
which a co-owner changes the a) Management
thing from the state in which the  Minority may appeal to the court
others believe it should remain, against the majority’s decision if
or withdraws it from the use to the same is seriously prejudicial.
which they desire it to be b) Enjoyment
intended. c) Improvement or
 Expenses to embellishment
improve or embellish are 3. Rights as to the ideal share of each
decided by the majority co-owner:
f) To protest against seriously a) Each has full ownership of his part
prejudicial decisions of the and of his share of the fruits and
majority benefits
g) Legal redemption: to be b) Right to substitute another person
exercised within 30 days from its enjoyment, EXCEPT when
written notice of sale of an personal rights are involved
undivided share of another co- c) Right to alienate, dispose or
owner to a stranger encumber
h) To defend the co-ownership’s d) Right to renounce part of his
interest in court interest to reimburse necessary
i) To demand partition at any time expenses incurred by another co-
 Partition is the division owner
between 2 or more persons of e) Transactions entered into by each
real or personal property which co-owner only affect his ideal share.
they own in common so that each
may enjoy and possess his sole EXTINGUISHMENT OF CO-OWNERSHIP
estate to the exclusion of and (CALSTEP)
without interference from others 1. consolida
 GENERAL RULE: Partition is tion or merger in one co-owner
demandable by any of the co- 2. acquisitiv
owners as a matter of right at any e prescription in favor of a third
time. person or a co-owner who repudiates
EXCEPTIONS: the co-ownership
1) When there is a stipulation 3. loss or
against it; but not to exceed destruction of property co-owned
10 years. 4. sale of
2) When the condition of property co-owned
indivision is imposed by the 5. terminati
donor or testator; but not to on of period agreed upon by the co-
exceed 20 years. owners
3) When the legal nature of the
CIVIL LAW COMMITTEE
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6. expropria and the condominium owners holding

tion in aggregate more than 50% interest
7. judicial in the common areas are opposed to
or extra-judicial partition restoration, remodeling or
modernizing;
CONDOMINIUM ACT (R.A. NO. 4726) 4. When the project or a material part
CONDOMINIUM thereof has been condemned or
expropriated and the project is no
 an interest in real property consisting
longer viable, or that the
of a separate interest in a unit in a
condominium owners holding in
residential, industrial or commercial
aggregate more than 70% interest in
building and an undivided interest in
the common areas are opposed to the
common, directly or indirectly, in the
continuation of the condominium
land on which it is located and in
regime;
other common areas of the building.
5. When conditions for partition by sale
 Any transfer or conveyance of a unit set forth in the declaration of
or an apartment, office or store or restrictions duly registered have been
other space therein, shall include met.
transfer or conveyance of the
undivided interest in the common WATERS
areas or, in a proper case, the  Classification
membership or shareholdings in the a) Waters public per se (water is the
condominium corporation: provided, principal; the bed follows the
however, that where the common character of the water (See Arts.
areas in the condominium project are 502 [1] and 502 [2])
held by the owners of separate units b) Waters public or private according
as co-owners thereof, no to their bed (water is accessory to
condominium unit therein shall be bed)
conveyed or transferred to persons c) Waters public by special provision
other than Filipino citizens or
corporations at least 60% of the POSSESSION
capital stock of which belong to
Filipino citizens, except in cases of  Concept: the material holding or
hereditary succession. control of a thing or the enjoyment of
a right.
 GENERAL RULE: Common areas shall
 Requisites:
remain undivided, and there shall be no
1. occupancy, apprehension, or taking
judicial partition thereof:
2. deliberate intention to possess
 EXCEPTIONS: 3. by virtue of ones own right
1. When the project has not been
rebuilt or repaired substantially to its  Degrees:
state prior to its damage or 1. possession without any title
destruction 3 years after damage or whatsoever
destruction which rendered a 2. possession with juridical title
material part thereof unfit for use; 3. possession with just title sufficient to
2. When damage or destruction has transfer ownership
rendered ½ or more of the units 4. possession with a title in fee simple
untenantable and that the
condominium owners holding more  Classes:
than 30% interest in the common In one’s own name – where possessor
areas are opposed to restoration of claims the thing for himself
the projects; a) In the name of another – for whom
3. When the project has been in the thing is held by the possessor
existence for more than 50 years, b) In the concept of owner – possessor of
that it is obsolete and uneconomic, the thing or right , by his actions, is
CIVIL LAW COMMITTEE
Stephen
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considered or is believed by other 1. of good faith

people as the owner, regardless of 2. of continuity of initial good faith
the good or bad faith of the possessor 3. of enjoyment in the same character
c) In the concept of holder – possessor in which possession was acquired
holds it merely to keep or enjoy it, until the contrary is proved
the ownership pertaining to another 4. of non-interruption in favor of the
person; possessor acknowledges in present possessor
another a superior right which he 5. of continuous possession by the one
believes to be ownership. who recovers possession of which he
NOTE: None of these holders assert a was wrongfully deprived
claim of ownership in himself over the 6. of extension of possession of real
thing but they may be considered as property to all movables contained
possessors in the concept of owner, or therein
under claim of ownership, with respect to
the right they respectively exercise over  Object of possession:
the thing. GENERAL RULE: All things and rights
d) In good faith – possessor is not aware susceptible of being appropriated
that there is in his title or mode of EXCEPTIONS:
acquisition a defect that invalidates 1. Res communes
it 2. Property of public dominion
 Requisites: 3. Discontinuous servitudes
1. Ostensible title or mode of 4. Non-apparent servitudes
acquisition
2. Vice or defect in the title Acquisition of possession:
3. Possessor is ignorant of the  Manner
vice or defect and must have 1. Material occupancy of the thing
an honest belief that the 2. Subjection to the action of our will
thing belongs to him 3. Proper acts and legal formalities
NOTE: Gross and inexcusable ignorance established for acquiring such right.
of the law may not be the basis of good Conflicts between several claimants:
faith, but possible, excusable ignorance GENERAL RULE: Possession cannot be
may be such basis. (Kasilag vs Roque, 69 recognized in two different personalities
PHIL 217) except in case of co-possession when
e) In bad faith – possessor is aware there is no conflict
of the invalidating defect in his own  Criteria in case of dispute:
title. 1. present/actual possessor shall be
NOTES: preferred
 Only personal knowledge of the flaw 2. if there are two possessors, the one
in one’s title or mode of acquisition longer in possession
can make him a possessor in bad 3. if the dates of possession are the
faith. It is not transmissible even to same, the one with a title
an heir. 4. if all the above are equal, the fact of
 Possession in good faith ceases from possession shall be judicially
the moment defects in his title are determined, and in the meantime,
made known to the possessor. This the thing shall be placed in judicial
interruption of good faith may take deposit
place at the date of summons or that
of the answer if the date of summons Subject Possessor in Possessor
does not appear. However, there is a good faith in bad
contrary view that the date of faith
summons may be insufficient to a. Fruits a. to possessor a. to owner
convince the possessor that his title is gathered
defective. b. b. not b.
Cultivation reimbursed to reimbursed
Expenses of possessor to possessor
 Presumptions in favor of possessor:
CIVIL LAW COMMITTEE
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gathered for acting with every case

fruits accidental fraudulent
c. Fruits c. prorated c. to owner loss or intent or
pending according to deterioratio negligence,
and charges time n after summons
d. d. indemnity d. no k. k. to owner k. to
Production pro rata to indemnity Improve- or lawful owner or
expenses of possessor ments due possessor lawful
pending (owner’s to time or possessor
fruits option)
nature
i. in money,
or
ii. by Possession of movables
allowing full  Possession of movables in good faith
cultivation is equivalent to title.
and gathering  Requisites:
of all fruits a) possession is in good faith
e. e. reimbursed e. b) the owner has voluntarily
Necessary to possessor; reimbursed
expenses retention to
parted with the possession of the
possessor; thing
no c) possessor is in the
retention concept of owner
f.. Useful f. reimbursed f. no One who has lost or has been
expenses to possessor reimbursem unlawfully deprived of it , may
(owner’s ent recover it from whomsoever
option) possesses it, ordinarily, without
i. initial cost reimbursement.
ii. plus value
 may remove
if no
reimburse-  Doctrines:
ment, and no a) owner of the thing must prove (1)
damage is ownership of the thing and (2) loss or
caused to the unlawful deprivation; or bad faith of
principal by the possessor
the removal b) Where the owner acts negligently
g. g. reimburse- g. owner’s or voluntarily parts with the thing
Ornamen- ment at option: owned, he cannot recover it from the
tal owner’s i. removal,
expenses option: or
possessor
i. removal if ii. value at c) The owner may recover the
no injury, or time of movable in case of loss or involuntary
ii. cost recovery deprivation; but must reimburse the
without price paid if possessor acquired the
removal thing in good faith and at a public
h. Taxes h. taxes and h. taxes and sale.
and charges charges charges
i. on i. charged to i. charged Loss of possession:
capital owner to owner
1. By the will of the possessor
ii. charged to ii. charged
ii. on possessor to owner a) Abandonment
fruits iii. prorated iii. to b) Transfer or conveyance
owner 2. Against the will of the possessor
iii. a) Eminent domain
charges b) Acquisitive prescription
i. Improve- i. no i. no c) Judicial decree in favor of better
ments no reimburse- reimburse- right
longer ment ment d) Possession of another for more
existing than one year
j. Liability j. only if j. liable in
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NOTE: this refers to possession de or less passive more active owner

facto where the possessor loses the owner who allows or lessor who makes
right to a summary action; but he the usufructuary to the lessee to enjoy
may still bring action publiciana or enjoy the object
given in usufruct
reivindicatoria
6. Pays for ordinary 6.Lessee is not
e) By reason of the object repairs and taxes on generally under
i. destruction or total loss of the the fruits obligation to
things undertake repairs or
ii. withdrawal from commerce pay taxes
USUFRUCT Special Usufructs

 gives a right to enjoy the property of a) of pension or income (Art 570)
another with the obligation of b) of property owned in common (Art.
preserving its form and substance, 582)
unless the title constituting it or the c) of cattle (livestock) (Art. 591)
law otherwise provides. d) on vineyards and woodlands (Art.
 Characteristics: 575-576)
a. Real right e) on a right of action (Art. 578)
b. Of temporary duration f) on mortgaged property (Art. 600)
c. To derive all advantages g) over the entire patrimony (Art. 598)
from the thing due to normal h) over things which gradually
exploitation deteriorate (Art. 573)
d. may be constituted on i) of consumable property (Art 574)
real or personal property,
consumable or non-consumable, Rights of the Usufructuary
tangible or intangible, the 1. As to the thing and its fruits
ownership of which is vested in a. To receive and benefit from the
another fruits
e. transmissible b. To enjoy any increase through
accessions and servitudes
GENERAL RULE: Usufructuary is bound c. To the half of the hidden treasure
to preserve the form and substance of the he accidentally finds
thing in usufruct. d. To lease the thing, generally, for
EXCEPTION: Abnormal usufruct whereby the same or shorter period as the
the law or the will of the parties may usufruct.
allow the modification of the substance e. To improve the thing without
of the thing. altering its form and substance
f. Right to set-off the improvements
Usufruct Lease he may have made on the
1. Always a real 1.Generally a property against any damage to
right personal right the same
2. Person creating 2. Lessor may not be g. To retain the thing until he is
the usufruct should the owner reimbursed for advances for
be the owner or his extraordinary expenses and taxes
duly authorized on the capital
agent h. To collect reimbursements from
3. May be created 3.Generally created
the owner for indispensable
by law, by contract, by contract
by will of the
extraordinary repairs, taxes on
testator, or by the capital he advanced, and
prescription damages caused to him.
4. As a rule, 4.Lease generally i. To remove improvements made
usufruct covers all refers to uses only by him if the same will not injure
the fruits and all the the property
uses and benefits of 2. As to the usufruct itself
the entire property a. To mortgage the right of
5. Involves a more 5. Lease involves a
CIVIL LAW COMMITTEE
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usufruct except parental usufruct constituted on flock or herd of

b. To alienate the usufruct livestock
c. To make ordinary repairs
Obligations of the usufructuary: d. To notify the owner of urgent
1. Before exercising the usufruct: extra-ordinary repairs
a. To make an inventory of the e. To permit works and
property improvements by the naked
b. To give a bond, EXCEPT owner not prejudicial to the
1) when no prejudice would usufruct
result f. To pay annual taxes and charges
2) when the usufruct is reserved on the fruits
by the donor or parents g. To pay interest on taxes on
3) in cases of caucion juratoria capital paid by the naked owner
where the usufructuary, h. To pay debts when the usufruct is
being unable to file the constituted on the whole
required bond or security, patrimony
files a verified petition in the i. To secure the naked owner’s or
proper court asking for the court’s approval to collect credits
delivery of the house and in certain cases
furniture necessary for j. To notify the owner of any
himself and his family prejudicial act committed by
without any bond or security. third persons
 takes an oath to take k. To pay for court expenses and
care of the things and costs regarding usufruct.
restore them
 property cannot be 3. At the termination of the usufruct:
alienated or encumbered a. To return the thing in usufruct to
or leased because this the owner unless there is a right
would mean that the of retention
usufructuary does not b. To pay legal interest on the
need it. amount spent by the owner for
extraordinary repairs or taxes on
NOTE: Effects of failure to post the capital
bond: c. To indemnify the owner for any
1. owner shall have the following losses due to his negligence or of
options: his transferees
a. receivership of realty, sale of
Extinguishment of Usufruct: (PT2DERM)
movables, deposit of
1. Prescription
securities, or investment of
2. Termination of right of the person
money; OR
constituting the usufruct
b. retention of the property as
3. Total loss of the thing
administrator
4. Death of the usufructuary, unless
2. the net product shall be delivered
contrary intention appears
to the usufructuary
5. Expiration of the period or fulfillment
3. usufructuary cannot collect
of the resolutory condition
credits due or make investments
6. Renunciation of the usufructuary
of the capital without the
7. Merger of the usufruct and ownership
consent of the owner or of the
in the same person
court until the bond is given.
EASEMENT OR SERVITUDE
2. During the usufruct:
 Encumbrance imposed upon an
a. To take care of the property
immovable for the benefit of a
b. To replace with the young thereof
community or one or more persons or
animals that die or are lost in
for the benefit of another immovable
certain cases when the usufruct is
belonging to a different owner.
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indication of their existence

 Concept: it is a real right,
constituted on the corporeal 3. As to duty of servient owner
immovable property of another, by a) Positive – the servient
virtue of which the owner of the owner must allow something to
latter has to refrain from doing or be done in his property or do it
must allow something to be done on himself. These are called
his property, for the benefit of servitudes of intrusion and
another person or tenement. or/service”
b) Negative – the servient
 Characteristics: owner must refrain from doing
a) It is a real right but will affect third something which he could
persons only when duly registered lawfully do if the easement did
b) It is enjoyed over another immovable, not exist
never on one’s own property
c) It involves two neighboring estates (in Easement Lease
case of real easements) 1. Real right, Real right only when
d) It is inseparable from the estate to whether registered it is registered, or
which it is attached, and, therefore, or not when its subject
matter is real
cannot be alienated independently of
property and the
the estate duration exceeds
e) It is indivisible for it is not affected one year
by the division of the estate between 2. Imposed only on May involve either
two or more persons real property real or personal
f) It is a right limited by the needs of 3. There is a limited Limited right to both
the dominant owner or estate, right to the use of the possession and
without possession real property of use of another’s
g) It cannot consist in the doing of an another but without property
act unless the act is accessory in the right of
possession
relation to a real easement
h) It is a limitation on the servient
owner’s rights of ownership for the Easement Usufruct
benefit of the dominant owner; and, 1. Imposed only on May involve either
therefore, it is not presumed real property real or personal
property
2. Limited to Includes all the uses
 Classification: particular or specific and the fruits of the
1. As to its exercise: use of the servient property
a) Continuous Easements – estate
those the use of which is, or may 3. A non-possessory Involves a right of
be, incessant without the right over an possession in an
intervention of any act of man immovable immovable or
b) Discontinuous Easements immovable
– those which are used at 4. Not extinguished Extinguished by the
intervals and depend upon the by the death of the death of the
acts of man dominant owner usufructuary
2. As to the indication of their  Modes of Acquisition: (PDFAT)

existence: 1. by prescription of 10 years
a) Apparent Easements – (continuous and apparent
those which are made known and easements)
are continually kept in view by
2. by deed of recognition
external signs that reveal the use
and enjoyment of the same 3. by final judgment
b) Non-apparent Easements 4. by apparent sign established by
– those which show no external the owner of two adjoining
CIVIL LAW COMMITTEE
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estates (REMAIN BREW)

5. by title 1. Redemption agreed upon
2. Expiration of the term or
Dominant Owner fulfillment of the resolutory
 Rights condition
1. To exercise all the rights 3. Merger of ownership of the
necessary for the use of the dominant and servient estate
easement
4. Annulment of the title to the
2. To make on the servient estate
servitude
all the works necessary for the
use and preservation of the 5. Permanent Impossibility to use
servitude the easement
3. To renounce the easement if he 6. Non-user for 10 years
desires to exempt himself from a. discontinuous: counted
contribution to necessary from the day they ceased to
expenses be used
4. To ask for mandatory injunction b. continuous: counted from
to prevent impairment of his use the day an act adverse to the
of the easement exercise takes place
7. Bad condition - when either or
 Obligations: both estates fall into such a
1. Cannot render the easement or condition that the easement
render it more burdensome could not be used
2. Notify the servient owner of 8. Resolution of the right to create
works necessary for the use and the servitude, i.e. in case of
preservation of the servitude pacto de retro, when the
3. Choose the most convenient time property is redeemed
and manner in making the 9. Expropriation of the servient
necessary works as to cause the estate
least inconvenience to the
servient owner
10. Waiver by the dominant owner
4. Contribute to the necessary
EASEMENT FOR WATERING CATTLE
expenses if there are several
dominant estates  This is really a combined easement for
drawing of water and right of way
Servient Owner  Requisites:
 Rights: a) must be imposed for
1. To retain ownership and reasons of public use
possession of the servient estate b) must be in favor of a
2. To make use of the easement, town or village
unless there is agreement to the c) indemnity must be paid
contrary
3. To change the place or manner of EASEMENT OF AQUEDUCT
the easement, provided it be  The right arising from a forced
equally convenient easement by virtue of which the
owner of an estate who desires to
 Obligations: avail himself of water for the use of
1. Cannot impair the use of the said estate may make such waters
easement pass through the intermediate estate
2. Contribute to the necessary with the obligation of indemnifying
expenses in case he uses the the owner of the same and also the
easement, unless there is an owner of the estate to which the
agreement to the contrary water may filter or flow.
 Character: apparent and continuous
Extinguishment of Easements:  Requisites:
CIVIL LAW COMMITTEE
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a) dominant owner must 1. Shares of parties Shares of the co-

prove that he has the capacity to cannot be physically owners can be
dispose of the water segregated but they divided and
b) that the water is can be physically separated physically
identified but before such
sufficient for the intended use
division, a co-owner
c) that the course is most cannot point to any
convenient, and least onerous to definite portion of
the 3rd person the property as
d) payment of indemnity belonging to him
2. No limitation as None of the co-
RIGHT OF WAY to use of the party owners may use the
wall for exclusive community property
 The right granted to the owner of an
benefit of a party for his exclusive
estate which is surrounded by other benefit
estates belonging to other persons 3. Owner may free Partial renunciation
and without an adequate outlet to a himself from is allowed
public highway to demand that he be contributing to the
allowed a passageway throughout cost of repairs and
such neighboring estates after construction of a
payment of proper indemnity party wall by
 Requisites: renouncing all his
rights thereto
1. Claimant must be an owner of
enclosed immovable or one with
real right  Presumptions of existence (juris
2. There must be no adequate tantum):
outlet to a public highway 1. in adjoining walls of buildings, up
3. Right of way must be absolutely to common elevation
necessary 2. in dividing walls of gardens and
4. Isolation must not be due to the yards (urban)
claimant’s own act 3. in dividing fences, walls and live
5. Easement must be established at hedges of rural tenements
the point least prejudicial to the 4. in ditches or drains between
servient estate tenements
6. Payment of proper indemnity
 Rebuttal of presumption:
 it is the needs of the dominant 1. title
property which ultimately determine 2. by contrary proof:
the width of the passage, and these 3. by signs contrary to the existence
needs may vary from time to time of the servitude (Arts. 660 & 661)
(Encarnacion vs. CA, 195 SCRA 72). NOTE: if the signs are
 Special cause of extinction: the contradictory, they cancel each
opening of a public road, or joining other
the dominant tenement to another
with exit on a public road.  Rights of part owners:
NOTE: the extinction in NOT 1. to make use of the wall in
automatic. There must be a demand proportion to their respective
for extinction coupled with tender of interests, resting buildings on it
indemnity by the servient owner. or inserting beams up to one-half
of the wall’s thickness
PARTY WALL 2. to increase the height of the wall
 a common wall which separates 2 a. at his expense
estates built by common agreement b. upon payment of proper
at the dividing line such that it indemnity
occupies a portion of both estates on c. to acquire half interest in any
equal parts. increase of thickness or
height, paying a
Party Wall Co-ownership
CIVIL LAW COMMITTEE
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proportionate share in the c. ask for the reduction of the

cost of the work and of the opening to the proper size
land covered by the increase
Restrictions as to views
 Obligations of each part-owners: 1. Direct views: the distance of 2
1. to contribute proportionately to METERS between the wall and the
the repair and maintenance boundary must be observed
unless he renounces his part- 2. Oblique views: (walls perpendicular
ownership or at an angle to the boundary line)
2. if one part owner raises the must not be less than 60cm from the
height of the wall, he must: boundary line to the nearest edge of
a. bear the cost of maintenance the window
of the additions NOTE: Any stipulation permitting lesser
b. bear the increased expenses distances is void.
of preservation
c. bear the cost of construction Modes of acquisition
d. give additional land, if 1. by title
necessary, to thicken the 2. by prescription
wall a. positive – counted from the time
of the opening of the window, if
LIGHT AND VIEW it is through a party wall
1. Easement of Light (jus luminum) - b. negative – counted from the
right to admit light from the formal prohibition on the servient
neighboring estate by virtue of the owner.
opening of a window or the making of NOTE: mere non-observance of distances
certain openings. prescribed by Art. 670 without formal
 Requisites: prohibition, does not give rise to
a. opening must not be greater than prescription
30 centimeters squared, made on VOLUNTARY EASEMENTS
the ceiling or on the wall; and  Constituted by the will of the parties
b. there must be an iron grating or of a testator.
2. Easement of view (jus prospectus) –  The owner possessing capacity to
the right to make openings or encumber property may constitute
windows, to enjoy the view through voluntary servitude. If there are
the estate of another and the power various owners, ALL must consent;
to prevent all constructions or work but consent once given is not
which would obstruct such view or revocable
make the same difficult. It  Voluntary easements are established
necessarily includes easement of light in favor of:
1. predial servitudes:
Restrictions on openings in one’s own a. for the owner of the
wall when contiguous (less than 2m) to dominant estate
another’s tenement: b. for any other person having
1. it cannot exceed 1 foot sq. (30 cm any juridical relation with
each side) the dominant estate, if the
owner ratifies it.
2. openings must be at the height of the
2. personal servitudes: for anyone
joists, near the ceiling (Choco vs.
capacitated to accept.
Santamaria, 21 Phil 132)
3. the abutting owner may:
NUISANCE
a. close the openings if the wall
becomes a party wall  Any act, omission, establishment,
b. block the light by building or business or condition of property or
erecting his own wall unless a anything else which: (ISAHO)
servitude is acquired by title 1. Injures/endangers the health or
or prescription safety of others;
CIVIL LAW COMMITTEE
Stephen
Purganan(LTD),
46
2. Shocks, defies or disregards committed;

decency or morality; 3. prior demand;
3. Annoys or offends the senses; 4. prior demand has been rejected;
5. approval by district health officer
4. Hinders or impairs the use of
and assistance of local police;
property; or and
5. Obstructs or interferes with the 6. value of destruction does not
free passage to any public exceed P3,000.
highway or street, or body of
water. THEORY OF MODE AND TITLE
 Classes:  MODE is the specific cause which

1. Per se – nuisance at all times and
gives rise to them, as the result of
under all circumstances
the presence of a special condition of
regardless of location and
things, of the aptitude and intent of
surrounding.
persons, and of compliance with the
2. Per accidens – nuisance by reason
conditions established by law. This is
of circumstances, location, or
the proximate cause of the
surroundings.
acquisition.
3. Public – affects the community or
a considerable number of
persons.  TITLE is the juridical justification for
4. Private – affects only a person or the acquisition or a transfer of
a small number of persons. ownership or other real right. This is
the remote cause of the acquisition.
Doctrine of Attractive Nuisance:
 One who maintains on his premises
dangerous instrumentalities or
appliances of a character likely to
attract children in play and who fails
to exercise ordinary care to prevent DIFFERENT MODES (and TITLES) of
children from playing therewith or ACQUIRING OWNERSHIP
resorting thereto is liable to a child
of tender years who is injured
Modes of acquiring Titles of
thereby, even if the child is
ownership acquiring
technically a trespasser in the
ownership
premises. A. Original Modes
1. Occupation 1. Condition of
Remedies against public nuisance: (PCE) being without
1. Prosecution under the RPC or known owner
local ordinance 2. Work which 2. Creation,
includes discovery or
2. Civil Action Intellectual invention
3. Extrajudicial Abatement creation
B. Derivative modes
Remedies against private nuisance: (CE) 3. Law 3. Existence of
1. Civil Action required conditions
4. Tradition 4. Contract of the
2. Extrajudicial Abatement parties
5. Donation 5. Contract of the
Extrajudicial Abatement parties
 Requisites: 6. Prescription 6. Possession in
1. nuisance must be specially the concept of
injurious to the person affected; owner
2. no breach of peace or 7. Succession 7. Death
unnecessary injury must be
CIVIL LAW COMMITTEE

Stephen
Purganan(LTD),
47
OCCUPATION thing delivered

 a mode of acquiring ownership by the b. traditio longa manu – by
seizure of things corporeal which mere consent of the parties if
have no owner, with the intention of the thing sold cannot be
acquiring them, and according the transferred to the possession
rules laid down by law. of the vendee at the time of
the sale
 Requisites: c. traditio brevi manu –
1. there must be seizure of a thing when the vendee already has
2. the thing seized must be possession of the thing sold
corporeal personal property by virtue of another title
3. the thing must be susceptible of d. traditio constitutum
appropriation by nature possessorium – when the
4. the thing must be without an vendor continues in
owner possession of the thing sold
5. there must be an intention to not as owner but in some
appropriate other capacity
3. Quasi-tradition – exercise of the
 Specific instances: right of the grantee with the
1. hunting and fishing consent of the grantor
2. finding of movables which do not 4. Tradicion por ministerio de la ley –
have an owner delivery by operation of law
3. finding of abandoned movables 6. Tradition by public instrument
4. finding of hidden treasure
 Requisites:
1. right transmitted should have
previously existed in the
patrimony of the grantor
2. transmission should be by just

5. catching of swarm of bees that title
has escaped from its owner, 3. grantor and grantee should have
under certain conditions intention and capacity to
6. catching of domesticated animals transmit and acquire
that have escaped from their 4. transmission should be
owners, under certain conditions manifested by some act which
7. catching of pigeons without fraud should be physical, symbolical or
or artifice legal
8. transfer of fish to another
breeding place without fraud or DONATION
artifice
 an act of liberality whereby a person
disposes gratuitously of a thing or
TRADITION/DELIVERY
right in favor of another who accepts
 a mode of acquiring ownership as a it
consequence of certain contracts, by
virtue of which, the object is placed
 Requisites: CIDA
in the control and possession of the
transferee, actually or constructively. 1. donor must have capacity to
make the donation
 Kinds: 2. he must have donative intent
1. Real Tradition - actual delivery (animus donandi)
2. Constructive Tradition 3. there must be delivery
a. traditio symbolica – 4. donee must accept or consent to
parties make use of a token the donation
or symbol to represent the
CIVIL LAW COMMITTEE
Stephen
Purganan(LTD),
48
 Essential features/elements of a guilty of the same criminal offense in

true donation: consideration thereof;
a) Alienation of property by 3. Made to a public officer or
the donor during his lifetime, his/her spouse, descendants or
which is accepted ascendants in consideration of his/her
b) Irrevocability by the office;
donor 4. Made to the priest who heard the
c) Intention to benefit the confession of the donor during the
donee (animus donandi) latter’s last illness, or the minister of
d) Consequent the gospel who extended spiritual aid
impoverishment of the donor to him during the same period;
(diminution of his assets) 5. Made to relatives of such priest,
etc. within the 4th degree, or to the
 Classification: church to which such priest belongs;
1. As to effectivity: 6. Made by a ward to the guardian
a. inter vivos before the approval of accounts;
b. mortis causa 7. Made to an attesting witness to
c. propter nuptias the execution of donation, if there is
2. As to perfection/extinguishment: any, or to the spouse, parents, or
a. pure children, or anyone claiming under
b. with a condition them.
c. with a term 8. Made to a physician, surgeon,
3. As to consideration: nurse, health officer or druggist who
a. simple - gratuitous took care of the donor during his/her
b. remuneratory or compensatory – last illness;
made on account of donee’s 9. Made by individuals, associations
merits or corporations not permitted by law
c. modal – imposes upon the donee to make donations; and
a burden which is less than the 10. Made by spouses to each other
value of the thing donated during the marriage or to persons of
whom the other spouse is a
presumptive heir.
Forms of donations:
Donation Inter Donation Mortis
1. Donations of movable property:
Vivos Causa
a. With simultaneous delivery of
1. Takes effect Takes effect upon the
independently of death of the donor
property donated:
the donor’s death i. it may be oral/written – P5,000 or
2. Title conveyed to Title conveyed upon less;
the donee before donor’s death ii. if value exceeds P5,000 – written
the donor’s death in public or private document
3. Valid if donor Void if donor survives b. Without simultaneous delivery:
survives donee donee  the donation
4. Generally irrevo- Always revocable and acceptance must be
cable during written in a public or private
donor’s lifetime
instrument, regardless of
5. Must comply with Must comply with the
the formalities formalities required
value
required by Arts. by law for the
748 and 749 of the execution 2. Donation of immovable property:
Code Of wills a. must be in a public instrument
specifying the property donated
Donations prohibited by law: and the burdens assumed by
1. Made by persons guilty of donee, regardless of value
adultery or concubinage at the time b. acceptance must be either:
of donation; i. in the same instrument;
2. Made between persons found or
CIVIL LAW COMMITTEE
Stephen
Purganan(LTD),
49
ii. in another public

instrument, notified to the Payment of the donor’s debt by the
donor in authentic form, and donee
noted in both deeds 1. If there is express stipulation: the
donee is to pay only debts contracted
NOTE: Expression of gratitude to the before the donation, if not otherwise
donor without express acceptance was specified; but the donee answers only
held a sufficient acceptance (Cuevas vs up to the value of the property
Cuevas) donated, if no stipulation is made to
the contrary
LIMITATIONS ON DONATION OF 2. If there is no stipulation: the donee is
PROPERTY answerable for the debts of the donor
1. Future property cannot be only in case of fraud against
donated. creditors.
2. Present property that can be
donated: ACTS OF INGRATITUDE
a) if the donor has forced heirs: he 1. If the donee should commit some
cannot give or receive by offense against the person, honor or
donation more than he can give property of the donor, or of his wife
of receive by will or children under his parental
b) if the donor has no forced heirs: authority
donation may include all present 2. If the donee imputes to the donor any
property provided he reserves in criminal offense, or any act involving
full ownership or in usufruct: moral turpitude, even though he
1) the amount necessary to should prove it, unless the crime or
support him, and act has been committed against the
2) those relatives entitled to donee himself, his wife or children
support from him under his authority
3) property sufficient to pay the 3. Refusal to support the donor
donor’s debt contracted prior
to the donation. PRESCRIPTION
3. Donation should not prejudice  Kinds:
creditors 1. Acquisitive prescription - one
4. Donee must reserve sufficient acquires ownership and other real
means for his support and for his rights through the lapse of time in
relatives which are entitled to be the manner and under the conditions
supported by him. laid down by law.
a. Ordinary acquisitive prescription:
EFFECTS OF DONATION requires possession of things in
1. donee may demand the delivery of good faith and with just title for
the thing donated the time fixed by law
2. donee is subrogated to the rights of b. Extraordinary acquisitive
the donor in the property
prescription: acquisition of
3. in donations propter nuptias, the
ownership and other real rights
donor must release the property from
without need of title or of good
encumbrances, except servitudes
faith or any other condition
4. donor’s warranty exists if
 Requisites:
a. expressed
1) capacity to acquire by
b. donation is propter nuptias
prescription
c. donation is onerous
2) a thing capable of acquisition by
d. donor is in bad faith
prescription
5. when the donation is made to several
3) possession of thing under certain
donees jointly, they are entitled to
conditions
equal portions, without accretion,
4) lapse of time provided by law
unless the contrary is stipulated
CIVIL LAW COMMITTEE

Stephen
Purganan(LTD),
50
2. Extinctive Prescription – rights and 4 years 10 years

actions are lost through the lapse of 2. Bad Faith
time in the manner and under the 8 years 30 years
conditions laid down by law.
Rules on Computation of Period:
Acquisitive Extinctive 1. The present possessor may complete
prescription prescription the period necessary for prescription
1. relationship 1. one does not look by tacking his possession to that of
between the to the act of the his grantor or predecessor
occupant and the possessor but to the
land in terms of neglect of the owner
possession is capable 2. It is presumed that the present
of producing legal possessor who was also the possessor
consequences; it is at a previous time, has continued to
the possessor who is be in possession during the
the actor intervening time, unless there is
2. requires possession 2. requires inaction proof to the contrary
by a claimant who is of the owner or 3. The first day shall be excluded and
not the owner neglect of one with a the last day included
right to bring his
action
Persons Against Whom Prescription
3. applicable to 3. applies to all kinds
ownership and other of rights, whether runs:
real rights real or personal 1. Minors and other incapacitated
4. vests ownership or 4. produces the persons who have parents, guardians
other real rights in extinction of rights or other legal representatives
the occupant or bars a right of 2. Absentees who have
action administrators
5. results in the 5. results in the loss 3. Persons living abroad who have
acquisition of of a real or personal managers or administrators
ownership or other real right, or bars the
rights in a person as
4. Juridical persons, except the
cause of action to
well as the loss of said state and its subdivision
enforce said right
ownership or real
rights in another Persons against whom prescription does
6. can be proven 6. should be NOT run:
under the general affirmatively 1. Between husband and wife, even
issue without its pleaded and proved though there be separation of
being affirmatively to bar the action or
property agreed upon in the marriage
pleaded claim of the adverse
party
settlements or by judicial decree.
2. Between parents and children, during
Period of Prescription the minority or insanity of the latter
3. Between guardian and ward during
Movables Immovables
the continuance of the guardianship
1. Good Faith
Prescriptive Actions Prescriptive period Actions

period
CIVIL LAW COMMITTEE

Stephen
Purganan(LTD),
51
a) Imprescriptible  to declare an g) 4 YEARS  action to revoke

inexistent or void donations due to
contract non-compliance of
 to quiet title conditions
 to demand a  action to rescind
right of way partition of
 to bring an deceased’s estate
action for on account of
abatement of lesion
public nuisance  action to claim
 to demand rescission of
partition in co- contracts
ownership  annulment of
 to enforce a contracts for vice
trust of consent
 probate of a  actions upon a
will quasi-delict
 to recover  action to revoke
possession of a or reduce donations
registered land based on birth,
under the Land appearance or
Registration Act adoption of a child
by the registered  actions upon an
owner injury to the rights
of the plaintiff (not
arising from
contract)
b) 30 YEARS  real actions h) 3 YEARS  actions under

over immovables the eight hour
(but not labor law
foreclosure)  actions to
without prejudice recover losses in
to the acquisition gambling
of ownership or money claims as
real rights by a consequence of
acquisitive employer-employee
prescription relationship
 action to impugn
legitimacy of a
child if the husband
or his heirs reside
abroad
CIVIL LAW COMMITTEE

Stephen
Purganan(LTD),
52
c) 10 YEARS  actions upon a i) 2 YEARS  action to impugn

written contract legitimacy of a
 actions upon an child if the husband
obligation created or his heirs are not
by law residing in the city
 actions upon a or municipality of
judgment from birth
the time judgment
becomes final
 actions among
co-heirs to
enforce warranty
against eviction in
partition
 Mortgage
action
d) 8 YEARS  action to j) 1 YEAR  action to

recover movables impugn legitimacy
without prejudice of a child if the
to acquisition of husband or his heirs
title for a shorter are residing in the
period or to the city or municipality
possessors title of birth
under Arts. 559,  forcible entry
1505 and 1133 and unlawful
detainer
 Defamation
 Revocation of
donation on the
ground of
ingratitude
 Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude
 action for
warranty of
solvency in
assignment of
credits
 actions for loss
or damage to goods
under the COGSA
e) 6 YEARS  actions upon an k) 6 MONTHS  actions for

oral (verbal) warranty against
contract hidden defects or
 actions upon a encumbrances over
quasi-contract the thing sold
CIVIL LAW COMMITTEE

Stephen
Purganan(LTD),
53
f) 5 YEARS  action for l) 40 DAYS  redhibitory

annulment of action based on
marriages (except faults or defects of
on the ground of animals
insanity) and for
legal separation
counted from the
occurrence of the
cause
 actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition
 action for the
declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)
 all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues
CIVIL LAW COMMITTEE

Stephen
Purganan(LTD),

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San Beda College of Law

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

5. obligations and actions which have as immovables.

MEMORY AID IN CIVIL LAW

collectively and those belonging to

MEMORY AID IN CIVIL LAW

long as the thing exists. It cannot be  REPLEVIN - remedy when

MEMORY AID IN CIVIL LAW

prove that he was have been in prior property of another, or of the

c. ACCION REIVINDICATORIA  Classifications:

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

Right of Accession with respect to  Requisites:

MEMORY AID IN CIVIL LAW

3. belongs to the 3. belongs to the

MEMORY AID IN CIVIL LAW

if separation is not feasible. a. separation

MEMORY AID IN CIVIL LAW

ii) to demand indemnity for the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

construction, then the builder is collective enjoyment obtain profits

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

preservation even if incurred community prevents

MEMORY AID IN CIVIL LAW

6. expropria and the condominium owners holding

MEMORY AID IN CIVIL LAW

considered or is believed by other 1. of good faith

MEMORY AID IN CIVIL LAW

gathered for acting with every case

MEMORY AID IN CIVIL LAW

NOTE: this refers to possession de or less passive more active owner

USUFRUCT Special Usufructs

MEMORY AID IN CIVIL LAW

usufruct except parental usufruct constituted on flock or herd of

MEMORY AID IN CIVIL LAW

indication of their existence

2. As to the indication of their  Modes of Acquisition: (PDFAT)

MEMORY AID IN CIVIL LAW

estates (REMAIN BREW)

MEMORY AID IN CIVIL LAW

a) dominant owner must 1. Shares of parties Shares of the co-

MEMORY AID IN CIVIL LAW

proportionate share in the c. ask for the reduction of the

MEMORY AID IN CIVIL LAW

2. Shocks, defies or disregards committed;

 Classes:  MODE is the specific cause which

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

OCCUPATION thing delivered

2. transmission should be by just

MEMORY AID IN CIVIL LAW

 Essential features/elements of a guilty of the same criminal offense in

MEMORY AID IN CIVIL LAW

ii. in another public

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

2. Extinctive Prescription – rights and 4 years 10 years

Prescriptive Actions Prescriptive period Actions

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

a) Imprescriptible  to declare an g) 4 YEARS  action to revoke