You are on page 1of 17

Title I – PROPERTY • Classification (according to mobility): 1. Immovable – real property 2. Movable – personal property Requisites: 1. Utility 2.

Individuality/Substantivity 3. Susceptibility of appropriation Real Rights 1. no passive subject – claim against whole world 2. object is corporeal thing (obligation) 3. creates juridical relations through mode & title 4. extinguished through loss or destruction of thing Personal Rights 1. Passive and active subject 2. Object is an intangible thing (specific thing) 3. Creates juridical relations through title 4. Not extinguished through loss or destruction of thing Immovable property 1. By nature – cannot be moved from place to place because of their nature a) land, buildings & all kinds of constructions adhered to soil b) mine, quarries

a) trees, plants & growing fruits adhered to soil b) everything attached to an immovable that it will break if separated c) statues, paintings if intended by owner to be integral part of immovable d) animal houses if intended by owner to become permanently attached to immovable

entities although they may have real estate • Classification of Movables 1. consumable – cannot utilized w/o being consumed 2. non-consumable be

3.

By destination – movables but purpose is to partake of an integral part of an immovable a) machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry b) fertilizers – when applied to soil c) docks & floating structures

4.

By analogy/by law – contracts for public works, servitude & other real rights over immovable property • Movable property 1. susceptible of appropriation that are not included in enumeration in immovable 2. immovable that are designated as movable by special provision of law 3. forces of nature brought under control by science 4. things w/c can be transported w/o impairment of real property where they are fixed 5. obligations which involve demandable sums (credits) 6. shares of stocks of agricultural, commercial & industrial

2.

By incorporation – essentially movables but attached to an immovable that it becomes an integral part of it

Classification of Property (according to ownership): 1. Public dominion – a) intended for public use b) intended for public service of state, provinces, cities & municipalities  Characteristics: a) outside the commerce of men – cannot be alienated or leased b) cannot be acquired by private individual through prescription c) not subject to attachment & execution d) cannot be burdened by voluntary easement 2. Private Ownership – a) patrimonial property of state, provinces, cities, municipalities 1. exist for attaining economic ends of state 2. property of public dominion when no longer intended for public use/service – declared patrimonial b) property belonging to private persons – individually or collectively

specific limitations imposed by party transmitting ownership (will. 1 year unlawful deprivation) b) unlawful detainer – used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession. enjoyment. 3. specific limitations imposed by law (servitude. law creates a disputable presumption of ownership to those in actual possession a) identify property b) show that he has better title Chapter 2: RIGHT OF ACCESSION • Accession – owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto 1. inherent limitations arising from conflicts with other similar rights (contiguity of property) 6. Attributes: Jus possidendi – right to possess Jus utendi – right to enjoy Jus fruendi – right to fruits Jus abutendi – right to use and abuse Jus disponendi – right to dispose Jus vindicandi – right to exclude others from possession of the thing Actions for possession: 1. principle of justice 2. and recovery. intimidation (physical possession. subject to no restrictions except those imposed by the state or private persons. Right to hidden treasure found in own property a) hidden and unknown movables w/c consist of money or precious objects b) owner is unknown c) by chance – if property owner is state – ½ belongs to finder.  Power of a person over a thing for purposes recognized by law & within the limits established by law • 1. Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment) 10. mortgages. general limitations for the benefit of the state (eminent domain. industrial & civil fruits • • . contract) 4. true owner must resort to judicial process – when thing is in possession of another. movable – replevin (return of a movable) 2. 2. immovable – a) forcible entry – used by person deprived of possession through violence. accessory follows the principal Accession continua – accession to products of the thing Rights of owners: natural. Right to enclose or fence w/o detriment to servitude constituted 9. acts in state of necessity – law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity – vs. principle of unjust enrichment) 8. 1 year from unlawful deprivation) c) accion publiciana – plenary action to recover possession d) accion reinvindicatoria – recovery of dominion of property as owner 7. easements) 3. if already lost – resort to judicial process  May be exercised by 3rd person – negotiorum gestio 8. 4. without prejudice to the provisions of the law. the finder must not be trespasser • Limitation on Ownership 1. police power. 5. owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors) 7. taxation) 2. limitations imposed by owner himself (voluntary servitude. Principle of self help – self defense Elements: a) Person exercising rights is owner or lawful possessor b) There is actual or threatened unlawful physical invasion of his property c) Use force as may be reasonably necessary to repel or prevent it  Available only when possession has not yet been lost. 6. also if in another’s property. disposition. pledges) 5.Title II – OWNERSHIP Chapter 1: OWNERSHIP IN GENERAL Definitions of Ownership  Independent and general right of a person to control a thing particularly in his possession.

Right to damages and demolition even if with injury to work if owner of land is in bad faith  Right of owner when another builds. Right to retain land & building 2. usufruct. Order demolition of building 3. Oblige the planter. builder to pay for price of land or rent. plants or sows in his land: (OWNER & BUILDER BOTH IN GOOD FAITH) 1. Right not to be compelled to pay for rent 3. subject to reimbursement for necessary expenses for gathering them & putting them in safe place 3. deposit is gradual & imperceptible b. made through effects of current of water c. lease. Right to old bed ipso facto in proportion to area lost 2. except when value of lands is greater than thing built – convert to rent  Right of Builder in good faith before payment of indemnity of owner in good faith 1. Alluvion owner of lands adjoining banks of river belongs the accretion gradually received from effects of the water's current  Requisites: a. Compel the builder to pay for price of land or rent  Rights of riparian owner Right to accretion ipso facto – no need to make an express act of possession 2. Change of river bed  Right of owner of land occupied by new river course 1. land where accretion takes place is adjacent to banks of river w/in 6 months. antichresis • Obligation of owners: a) Immovables – accretion 1. Right to be indemnified or paid of value of property by owner of land 2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid 3. presumption is owner made them at his expense  Exception: contrary is proven  Right of owner of material 1. planted or sown belongs to owner of land. Right to appropriate what has been built w/o paying indemnity 2. Right of retention ceases when obliged to pay for value of and if he fails to do so  Right of owner in good faith when builder is in bad faith 1. Appropriate as his own after paying for indemnity 2. Formation of island in non-navigable river a) owner of margin nearest to islands formed – if nearest to it b) owner of both margins – if island is in the middle (divided into halves longitudinally) 4. planting & sowing • General Rule – whatever is built. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed 3. building. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters  Rights of riparian owner a) Right to portion of land transferred if not claimed by owner within 2 years (prescription) b) Right to trees uprooted if not claimed by owner .exception: possession in good faith by another.

volume  Rights: 1. When builder is in bad faith & owner in good faith & owner compel builder to remove improvements. transformation  Rights: 1. If person who made the transformation is in bad faith. If owner of principal is in bad faith – owner of accessory shall have option of principal paying value of accessory or removal of accessory despite destruction of principal 5. If both are in good faith – owner of principal acquired the accessory with indemnification 2. If both are in good faith – may separate them if no injury will be caused. owner of material shall appropriate the work to himself w/o paying maker or demand indemnity for value of materials & damages 4. Right to be indemnified for value of materials irrespective of good faith or bad faith of builder or owner. Right to indemnity for value of building 2.4. owner of material cannot appropriate  Right of 3rd person who owns materials 1. Right to demolish w/o payment of indemnity  Bad faith on both builder & owner – in pari delicto (no cause of action vs. each other) 1. if value of accessory is greater than principal. If person who made the transformation is in good faith he shall appropriate the thing transformed as his own with indemnity to owner of material for its value 2. Conjunction / adjunction – 2 movable things which belong to different owners are united to form a single object  Test to determine w/c one is the principal: a. owner is subsidiarily liable 2. Right to damages  Right of builder in bad faith when owner is in good faith Right to be reimbursed for necessary expenses for preservation of land  Right of Builder in good faith when owner is in bad faith 1. builder may demand from landowner the value of labor & materials b) Movables . Right to damages 3. If transformed thing is more valuable than material. if builder has no property. Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent – may demand that a thing equal is kind. If material is more precious than transformed thing – owner of material may appropriate the new thing to himself after indemnity paid to labor or demand indemnity for materials 3. value c. Specification – One employs the materials of another in whole or in part on order to make a thing of a different kind. If owner of accessory is in bad faith – owner of accessory with damages to principal 4. When 3rd person is paid by builder. owner is not subsidiarily liable 3. owner of accessory may demand separation even if damages will be caused to the principal (expenses to be borne by one who caused the conjunction) 3. value and price 2. that to w/c the other intended to be united as ornament or for its use of perfection b.

real interest of both parties which requires that precise state of title be known Action to quiet title  put end to vexatious litigation in respect to property involved. prevent litigation 2. If one owner is in bad faith – he shall lose the thing belonging to him plus indemnity for damages caused to owner of other thing mixed with his thing 3. plaintiff asserts his own estate & generally declares that defendant’s claim is w/o foundation  when proper: • . not co-ownership f) partnership extinguished when partner dies. fortuitous event/chance – commixtion 5. remove cloud Action to remove cloud  intended to procure cancellation. collapse resulting from total or partial damage. Commixtion / confusion – 2 things of the same or different kinds are mixed & are not separable w/o injury  Rights: 1. stipulation contrary is void to to • Chapter 3: • QUIETING OF TITLE Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING • Liability for damages: 1. law 2. no repair made – owner. If both owners are in good faith – Each owner shall acquire a right proportional to the part belonging to him (vis-a-vis the value of the things mixed or confused) 2. contracts 3. delivery. If both in bad faith no cause of action against each other • 1. if no action – done by government at expense of owner • Title III: CO-OWNERSHIP • Co-ownership Reasons: 1. occupancy – 2 persons catch a wild animal Distinguished from partnership a) partnership created only by agreement. Need not be in possession of property 3. or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title  Cloud – any instrument which is inoperative but has semblance of title  Requisites: 1.3. not in coownership e) partners cannot transfer rights w/o consent of other copartners. encumbrance. architect or contractor 2. co-ownership has many sources b) purpose of partnership is to obtain profit. protect true title & possession 3. release of an instrument. Return to defendant all benefits received – he who wants justice must do justice • a) plurality of subjects – many owners b) unity of material (indivision) of object of ownership c) recognition of ideal shares Causes/Sources: 1. not in coownership g) distribution of profits in partnerships may be stipulated. collapse – engineer. contract has been extinguished or terminated 2. none in co-ownership d) partnership can be created for more than 10 years. this is not flexible in co-ownership but depends on ideal share/interest Rights of co-owners 1. state may compel him to demolish or make necessary work to prevent if from falling 3. Right to benefits proportional respective interest. co-ownership is collective enjoyment of a thing c) in partnership there is juridical personality distinct from individuals. contract has prescribed 3. Plaintiff must have legal or equitable interest 2. succession 4.

requisites for acquisition through prescription a. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes 6. Pay necessary expenses and taxes – may be exercised by only one coowner 3. if practicable 8. No prescription to run in favor coowner as long as he recognizes the co-ownership. Every co-owner liable for defects of title and quality of portion assigned to each of the co-owner Rights of 3rd parties 1. non-intervenors – retain rights of mortgage and servitude and other real rights and personal rights belonging to them before partition was made Title V: POSSESSION • Possession – holding of a thing or enjoyment of a right 1. evidence must be clear and convincing 7. such act of repudiation is made known to other coowners c. controlling interest. Right to make repairs for preservation of things can be made at will of one co-owner. without prejudice to interest of ownership c. intent to possess (animus) How acquired: a. but cannot impugn unless there is fraud or made notwithstanding their formal opposition 2. duty to render mutual accounting of benefits and reimbursements for expenses 9. for purpose for which it is intended b. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest. Duty to obtain consent of majority with regards to administration and better enjoyment of the thing. notice of necessity of such repairs must be given to co-owners. creditors of assignees may take part in division and object if being effected without their concurrence.tradicion brevi manu (one who possess a thing short of title of owner – lease ). court intervention if prejudicial – appointment of administrator 6. physical 2. Right of redemption 13. Right of pre-emption 12. receive reimbursement therefrom. Share in charges proportional to respective interest. After partition.2. 2 possessors – one longer in possession • • . resort to court if non-consent is manifestly prejudicial 5. Right to full ownership of his part and fruits 9. except personal rights like right to use and habitation 10. Right to use thing co-owned a. Right to be adjudicated thing (subject to right of others to be indemnified) 14. occupancy – actual or constructive (corpus) 2. Duty to obtain consent of all if thing is to be altered even if beneficial. Pay useful and luxurious expenses – if determined by majority 4. tradicion constitutum possesorium (owner alienates thing but continues to possess – depositary. pledgee. constructive . Right to ask for partition anytime 11. stipulation to contrary is void 2. present possessor preferred 2. assign or mortgage own part. without preventing other coowners from making use thereof 3. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one of them • Duties/Liabilities 1. Right to bring action in ejectment in behalf of other co-owner 5. tenant)  cannot be recognized at the same time in 2 different personalities except copossession  question arise regarding fact of possession 1. but can’t be made if prejudicial to coownership 7. Right to alienate. but can terminate coownership 8. Right to change purpose of coownership by agreement 4. material occupation – possession as a fact 1. Co-owners cannot ask for physical division if it would render thing unserviceable. he has repudiated through unequivocal acts b.

spoliation 2. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same ) • • What can be subject of possession – things or rights which are susceptible of being appropriated Degrees of possession: 1. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription a. mistake upon doubtful question of law. it may be interrupted – by extraneous evidence or suit for recovery of property of true owner 6. Possession has to be in concept of owner. if disturbed – protected by means established by law. but effects of possession in good faith shall not benefit him except from date of death of decedent. both have titles – judicial resolution b. Person in concept of owner has in his favor the legal presumption of just title (prima facie) 4. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title. tradicion simbolica – delivering object or symbol of placing thing under control of transferee (keys) 2. always presumed. Right to be respected in his possession. possession with juridical title but not that of owner 3. cannot be acquired through force or intimidation when a possessor objects thereto – resort to courts 2. holding w/o title and in violation of right of owner 2. in oneself – personal acquisition a. in concept of owner – owner himself or adverse possessor Effects: a. in name of another – agent. possession with just title from true owner Classes of ownership: 1. intent to possess c. demand fruits and damages from one unlawfully detaining property 2. tradicion longa manu – pointing out to transferee the things which are being transferred c. ask for inscription of possession d. person from whom it is acquired has intention of possessing it 5. dates of possession the same – one who presents a title 4. representative has intention to acquire for another and not for himself b. Title short of ownership 3. in concept of holder – usufruct. acts of violence Rights of possessor: 1. may be converted into ownership through acquisitive prescription • • . bring actions necessary to protect possession c. the following do not affect acts of possession ( not deemed abandonment of rights ). negotiorum gestio a. he must have capacity to acquire possession b. possession with just title but not from true owner 4. clandestine and unknown acts c. may only acquire them through guardian or legal representatives Acquisition 1. Minors/ Incapacitated may acquire material possession but not right to possession. proper acts and legal formalities established for acquiring rights – donation.3. peaceful and uninterrupted b. public. sale b. possibility to acquire possession • 2. lessee. Possession of real property presumes that movables are included • 4. acts merely tolerated b. in bad faith – aware of defect • Possession through succession 1. subject to authority and ratification if not authorized. subject to action of our willpossession as a right 1. bailee 3. possession not interrupted a. in good faith – not aware that there exist flaw in title or mode w/c invalidates it.

Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial – gathered or severed. Unlawfully deprived or lost b. rights – provided it is not strictly personal Kinds: • . Possessor in good faith has right of retention over thing unless necessary expenses paid by owner 9. owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event 5. Acquired at public sale in good faith – with reimbursement c. Provision of law enabling the apparent owner to dispose as if he is owner d. 11. When agent encumbered property without express authority – except when ratified 3. Negotiable document of title Possession is equivalent to title a. possessor is in concept of an owner Title VI: USUFRUCT • • • Usufruct – right to enjoy another’s property with correlative duty of preserving its form and substance a. owner has option of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses 10. civil – accrue daily ) 7. intent to lose the thing 2. if possessor in good faith refuses – barred from indemnification in other manner 8. Wild animals possessed while in one’s control. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them provided principal is not injured – provided owner does not refund the amount expended 12. Sale under order of the court e. possessor in bad faith not entitled. Person who recovers possession not obliged to pay for improvements which have ceased to exist at time of occupation Loss of possession: 1. assignment made to another by onerous or gratuitous title 3. real right of possession not lost except after 10 years • Not lost: 1. possession unjustly lost is deemed to have enjoyed it w/o interruption • Liabilities/duties of Possessor 1. Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence intervened 4. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession ). destruction or total loss of the thing or thing went out of commerce 4.5. owner has voluntarily parted with the possession of the thing 1. possession of another if new possession lasted longer that 1 year ( possession as a fact). possession is in good faith b. fairs or markets f. interruption in whole or in part shall be to the prejudice of all 6. according to law. One who recovers. Bear cost of litigation 3. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession 13. possession of movable is not deemed lost 2. Possession may still be recovered: a. Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith. Even for time being he may not know their whereabouts. Purchases made at merchant stores. Return of fruits if in bad faith – fruits legitimate possessor could have received 2. Possessor in good faith has right to be reimbursed for useful expenses with right of retention. abandonment of the thing – renunciation of right. Co-possessors deemed to have exclusively possessed part which may be allotted to him. things – movable/immovable b. domesticated – possessed if they retain habit of returning back home 14.unless owner exercises option of paying. Possessor in good faith may remove improvements if can be done w/o damage to principal thing.

With a term • Rights of usufructuary: 1. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner. immovables be placed under administration b. intended for sale c. but can’t do acts of ownership such as alienation or conveyance except when property is: a. if co-ownership cease – usufruct of part allotted to co-owner belongs to usufructuary – not affected 17. usufructuary has no liability when due to wear & tear. pure 9. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein 9. fruits proportionate at duration of usufruct. total 5. Right to necessary expenses 14. Right to hidden treasure as stranger 3. simultaneous 7. appraised when delivered. not applicable to parents who are usufructuary of children except when 2nd marriage contracted 2. Generally. Right of usufructuary of woodland – ordinary cutting as owner does habitually or custom of place. growing fruits at termination of usufruct belongs to owner 7. legal . Right to civil. uprooted trees at the disposal of owner with right to demand that owner should clear & remove them – if caused by calamity or extraordinary event – impossible to replace them 12. Right to transfer usufructuary rights – gratuitous or onerous. excused – allowed by owner. not required by law or no one will be injured  failure to give security: owner may demand that: a. obliged to return in that state. may remove improvement if can be done w/o damage 15. Right to administer when property is co-owned. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent & necessary for preservation of thing • Rights of naked owner 1. Construct any works Y make any improvement provided it does not diminish value or usufruct or prejudice right of usufructuary Obligations of usufructuary: 1. successive 8. partial 6. Right not exempt from execution and can be sold at public auction by owner 5. mixed – prescription 4. except when there is fraud or negligence.1. Right to fruits growing at time usufruct begins. wills 3. Can’t alter form or substance 3. Right to leave dead. Right to necessary expenses from cultivation at end of usufruct 8. NI can be converted into registered certificates or deposited in bank • . if not appraised & consumable – return same quality (mutuum) 4. natural & industrial fruits of property 2. Right to set-off improvements against damages he made against the property 16. voluntary – contracts. thing deteriorates. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct. Before entering into usufructuary:: a) Notice of inventory of property (appraisal of movables & description) b) Posting of security 1. Alienate thing 2. whose who have right to fruits should reimburse expenses incurred 2. Can’t do anything prejudicial to usufructuary 4. may still exercise act of ownership – bring action to preserve 6. conditional 10. Naked owner still have rights but w/o prejudice to usufructuary. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right 13. but is co-terminus with term of usufruct. cannot cut down trees unless it is for the restoration of improvement of things in usufruct – must notify owner first 11. then he shall be liable 3. consumable b.parents over children 2. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew 10.

if on sterile animals – as if fungible – replace same kind & quality 7. charges & taxes affecting fruits 11. owner may make them at expense of usufructuary – during existence of usufruct 8. owner to be liable for whatever is lost by usufructuary 5. Obliged to make ordinary repairs – wear & tear due to natural use of thing and are indispensable for preservation. renunciation of usufructuary – express 5. expenses after renunciation of usufruct 3. if property is mortgaged. Liable for negligence & fault of person who substitute him 6. Pay legal interest from extraordinary expenses made by owner 10. if attached. total loss of thing 6. if only owner – then proceeds will go to owner only  effect if bad use of the thing – owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary  at termination of usufruct:  thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c should be reimbursed  security of mortgage shall be cancelled BOOK III. cost & liabilities in suits brought with regard to usufructuary – borne by usufructuary • Obligations of owner 1. extraordinary expenses. Interest on proceeds or property under admin belong to usufructuary e. Capital & proceeds of sale of movables be invested in safe securities d.& building is destroyed – right to make use of land & materials  if owner wishes to construct a new building – pay usufructuary the value of interest of land & materials  both share in insurance if both pays premium. DIFFERENT MODES OF ACQUIRING OWNERSHIP • Different Modes ownership: 1) Occupation 2) Donation 3) Prescription 4) Succession 5) Tradition of acquiring • . Effect of security is retroactive to day he is entitled to fruits 4. Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives sufficient security f. Obliged to make expenses due to his fault. Take care of property as a good father of family 5. usufructuary obliged to inform owner when urgent is the need to make them 2. Payment of expenses. Payment of interest on amount paid by owner charges on capital 12. if all of them perish w/o fault but due to contagious disease / uncommon event – deliver remains saved.c. cannot escape by renouncing usufruct 9. prescription – use by 3rd person  loss in part – remaining part shall continue to be held in usufruct  usufruct cannot be constituted in favor of a town. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership – he is liable if he does not do so for damages – as if it was caused through his own fault 13. Expenses. merger of usufruct & ownership 4. expiration of period of usufruct 3. taxes & expenses imposed directly on capital 4. usufructuary has no obligation to pay mortgage. for more than 50 years  usufruct constituted on immovable whereby a building is erected . if property is expropriated for public use – owner obliged to either replace it or pay legal interest to usufructuary of net proceeds of the same Extinguishment of usufruct 1. if perish in part due to accident – continue on remaining portion. termination of right of person constituting usufruct 7. If usufruct is constituted on animals – duty bound to replace dead animals that die from natural causes or became prey. death of usufructuary – unless contrary intention appears 2. Corp or assoc.

if no redemption made. become res nullius when abandoned by owner  hidden treasure (only when found on things not belonging to anyone)  abandoned movables • Animals: a) Swarm of bees . it pertains to the state  land that does not belong to anyone is presumed to be public land  but when a property is private and it is abandoned – can be object of occupation • PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time. merely constituted the means c) domestic/tame animals – born & ordinarily raised under the care of people.owner shall have right to pursue them to another’s land (owner to identify latter for damages. give to mayor. rights & actions. thing found shall be awarded to finder if owner appears. There must be actual occupancy. they shall be owned by the new owner provided they are not enticed Movables: 1) Treasure found on another’s property . has habit of returning to premises of owner. they shall pertain to the one who caught them c) Pigeons & fish . Acquisitive 2. retroactive from the moment period began to run • Kinds: 1. if any) land owner shall occupy/retain the bees if after 2 days.• • MODE– Proximate cause of ownership ( sales. also a means by which one loses ownership. when captured & escaped – become res nullius again b) domesticated animals – originally wild but have been captured & tamed. abandoned  stolen property cannot be subject of occupation  animals that are the object of hunting & fishing kinds of animals: a) wild – considered res nullius when not yet captured. thing must be subjected to one’s control/disposition 3. owner did not pursue the bees b.finding must be by chance in order that stranger may be entitled to ½ of the treasure 2) Movable found w/c is not treasure - OCCUPATION 1. mayor shall announce finding of the movable for 2 weeks in way he deems best of owner does not appear 6 months after publication. he is obliged to pay 1/10 of value of property to finder as price if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication • What cannot be acquired by occupation Ownership of a piece of land  because when a land is without an owner. There should be a corporeal thing (tangible) which must have a “corpus” (body) & that thing should have no owner 2.) Domesticated animals . Accomplished according to legal rules • What are the things susceptible to occupation?  things that are w/o owner – res nullius. There must e an intention to occupy 4. now belong to their capturer. donation) TITLE – Remote cause of ownership. precious objects & 2) hidden & owner is unknown .may be redeemed within 20 days from occupation of another person. becomes res nullius if they lose that habit of returning & regain their original state of freedom - - must be returned to owner if finder retains the thing found – may be charged with theft if owner is unknown. Extinctive .when they go to another breeding place.consist of (1) money.

in concept of an owner 4. peaceful. private property b. between guardian & ward (during guardianship) 8. ordinary 2. within time fixed by law  10 years for movables  30 years for immovables 3.• Who may acquire by prescription: a. persons living abroad who have administrators 4. STATE c. public. between husbands & wife 6. between owner of property & person in possession of property in concept of holder Things subject to prescription: all things within the commerce of men a. uninterrupted Requisites for extra-ordinary prescription: 1. PEACEFUL & UNINTERRUPTED  Must be known to the owner of the thing  Acquired & maintained w/o violence  Uninterrupted (no act of deprivation by others) in the enjoyment of property INTERRUPTION a) Natural • • • • • • • • • . minors – through guardians of personally Against whom prescription run: 1. public. in transmissible rights 3. just title 3. peaceful. juridical persons except the state with regards to property not patrimonial in character 5. patrimonial property of the state Things not subject to prescription: 1. absentees who have administrators 3. movables possessed through a crime 4. renunciation results from the acts w/c imply abandonment of right acquired  creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation PRESCRIPTION OF OWNERSHIP OTHER REAL RIGHTS • Kinds of Acquisitive prescription 1. just title is proved 2. uninterrupted & • GOOD FAITH  Reasonable belief that person who transferred thing is the owner & could validly transmit ownership  Must exist throughout the entire period required for prescription JUST TITLE (TRUE & VALID) – must be proved & never presumed a) Titulo Colorado b) Titulo putativo  title must be one which would have been sufficient to transfer ownership if grantor had been the owner  through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership IN CONCEPT OF OWNER  possession not by mere tolerance of owner but adverse to that of the owner  claim that he owns the property PUBLIC. person who are capable of acquiring property by other legal modes b. registered land Renunciation of prescription: •  persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future  may be express or tacit  prescription is deemed to have been tacitly renounced. minors & incapacitated person who have guardians 2. within time fixed by law  4 years for movables  8 years for immovables 4. possession in good faith 2. between co-heirs/co-owners 9. in concept of an owner 5. between parents & children (during minority/insanity) 7. public domain 2. extra-ordinary Requisites for ordinary prescription: 1.

upon injury to rights of plaintiff . causa – anything to support a consideration: generosity. last day included • TACKING PERIOD  there must be privity between previous & present possessor  possible when there is succession of rights  if character of possession different: 5. possessor is absolved from complaint express or tacit renunciation possession in wartime -  predecessor in bad faith possessor in good faith – use extraordinary prescription PRESCRIPTION OF ACTIONS  By lapse of time fixed by law  30 years .upon a quasi-contract  5 years . Reduction in patrimony of donor 2.actions where periods are not fixed by law  4 years .upon an oral contract . Intent to do act of liberality 4.upon a quasi-delict  1 year .mortgage action .for forcible entry & detainer . past service. void for lack of legal solemnities 2. capacity to donate & dispose & accept donation 4. Increase in patrimony of donee 3.upon a judgement  8 years . First day excluded. present property & not future. subject matter – anything of value. possession ceases for more than 1 year . • Kinds of Donation according to Effectivity: • Donation Inter Vivos Disposition and acceptance to take effect during lifetime of donor and donee Donation Mortis Causa Disposition happens upon the death of donor . abate public /private nuisance 3. plaintiff desist from complaint/allow proceedings to lapse 3. must not impair legitime 2. form – depends on value of donation • RULES IN COMPUTATION OF PERIOD: a. charity. quiet title DONATION • Characteristics: a) Unilateral – obligation imposed on the donor b) Consensual – perfected at time donor knows of acceptance Requisites of Donation: 1. probate of a will 6.action to recover movables from time possession is lost  6 years .upon obligation created by law . debt 3. except 1.action over immovables from time possession is lost  10 years . demand right of way 2. Present possessor presumed to be in continuous possession I intervening time unless contrary is proved c. Present possessor may tack his possession to that of his grantor or predecessor in interest b. goodwill.produced by judicial summons.b) c) • through any cause.upon written contract . declare contract void 4.for defamation  Rights not extinguished by prescription: 1.if 1 year of less – as if no interruption b) civil . Donor must be owner of property donated Requirements of a donation: 1. recover property subject to expressed trust 5.

may be revoked only by reasons provided by law Revoked only for reasons provided for by law (except onerous donations) Even if there is a term of effectivity and effectivity is upon the death of the donor.follow law on succession to be valid. if oral it must be with simultaneous delivery of thing/document & acceptance need not be in writing  above 5. Donor can revoked ad mutuum 3.follow law on donations and certain kinds of donations & law on obligations and contracts (suppletory) Irrevocable at the instance of the donor. Title remains with donor (full or naked ownership)& conveyed only upon death 2. Transfer is void if transferor survives transfer • Kinds of donation INTER VIVOS 1) pure/simple 2) remuneratory 3) conditional 4) onerous • • In case of doubt with regards to nature of donation: inter vivos Badges of mortis causa: Pure/Simple a) Consideration Merits of donee Remuneratory Liberality or merits of donee or burden/ charge of past services provided they do not constitute demandable debt Law on donations Conditional Valuable consideration is imposed but value is less than value of thing donated Onerous Valuable consideration given b) law to apply/ forms Law on donations Extent of burden Law on obligations imposed>oblico n .Already pertains to the donee unless there is a contrary intent Formalities required .000 .000 & below – may be oral or written. and donation must be in the form of a will Revocable ad mutuum (exclusive will of donor) • Acceptance a) acceptance must be made personally or thru agent b) donation may be made orally or in writing  movable: 5. still entitled to fruits Formalities required .must be written and accepted also in writing immovable must be in a public instrument & acceptance must also be in a public instrument (in same instrument or in other instrument) 1.

guardians & trustees with respect to property entrusted to them 2.000 3. between parties guilty of same criminal offense 5. nurse.if it does not require written acceptance b) by guardian. relatives of priest within 4th degree. ascendant • Other persons disqualified to receive donations: 1.in absence thereof. If immovable – one who recorded in registry of property in good faith . who took care of donor during his last illness 4. husband & wife Required Required Required Applicable Applicable Not Applicable In bad faith only Applicable In bad faith only Applicable Applies Applicable b) relatives who by law are entitled to his support c) legitimes shall not be impaired  when w/o reservation or if inofficious. natural & juridical persons w/c are not especially disqualified by law 2. court appointed .if pure & simple donation . natural guardian – not more than 50. corporations. made to public officers.All persons who may contract and dispose of their property • Who may accept donations: 1. community where priest belongs 3. order. etc. priest who heard confession of donor during his last illness 2. represented by person who would have been guardian if already born • Who are disqualified to donate: 1.more than 50. descendant. minors & other incapacitated a) by themselves . associations not permitted What may be given:  All or part of donor’s present property provided he reserves sufficient means for the support of the ff: a) himself • • .excess>donatio n c) form of acceptance Required d) reservation w/regards to personal support & legitime Applicable e) warranty against eviction & hidden defects In bad faith only f) revocation Applicable • Who may give donations . individuals.000 2. may be reduced on petition of persons affected  except: conditional donation & donation mortis causa  except: future property • DOUBLE DONATIONS:  Rule: Priority in time. wife. legal representatives if needs written acceptance 1. conceived & unborn child. priority in right 1. physician.no inscription. between paramours/persons guilty of adultery 4. one who can present oldest title REVOCATION OF DONATIONS  applies only to donation inter vivos 3. If movable – one who first take possession in good faith 2. one who first took possession in good faith . church.

general rule is heir cannot institute if donor did not institute 2. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor Exception to rule on intransmissibility of action with regards to revocation due to ingratitude: 1. heirs can only file in the ff cases: a) donor has instituted proceedings but dies before bringing civil action for revocation • b) donor already instituted civil action but died. if 2 or more donation at same time – treated equally & reduction is pro rata but donor may impose preference which must be expressly stated in donation • • • . spouse or children under his parental authority 3. If donor subsequently adopts a minor child Action for revocation based on failure to comply with condition in case of conditional donations Action for revocation by reason of ingratitude 1. can only make heirs of donee liable if complaint was already filed when donee died Inofficious donations: 1. personal to the donor. Donee commits offense against person. donees/creditors of deceased donor cannot ask for reduction of donation 4. children under his parental authority 2. property of donor. Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he should prove it unless act/crime has been committed against donee himself. if there are 2 or more donation: recent ones shall be suppressed 5. legitimated or illegitimate children 2. spouse. If donor should have legitimate. not donations • applicable to onerous With regards to donations made by person without children or descendants at time of donation: 1. action to reduce to be filed by heirs who have right to legitimate at time of donation 3. shall be reduced with regards to the excess 2. heirs can substitute c) donee killed donor or his ingratitude caused the death of the donor d) donor died w/o having known the ingratitude done e) criminal action filed but abated by death 3. If child came out to be alive & not dead contrary to belief of donor 3. honor.

demand value of property when alienated and can’t be recovered or redeemed from 3rd persons Fruits to be returned at filing of complainant Prescription is 4 from non-fulfilment years Prescription is 1 year from knowledge of fact and it was possible for him to bring action Heirs can’t file action Action cannot be renounced in advance Right of action at instance of donor but may be transmitted to heirs Action does not extend to donee’s heirs . etc..BIRTH OF CHILD Ipso jure revocation. court decision is merely declaratory Extent: portion which may impair legitime of heirs Property must be returned Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be returned – the value must be returned If mortgaged – donor may redeem the mortgage with right to recover from donee Fruits to be returned at filing of action for revocation Prescription of action is 4 years from birth. no need for action. Action cannot be renounced Right of action transmitted to heirs Action extends to donee’s heirs • NON-FULFILLMENT OF CONDITION needs court action INGRATITUDE needs court action Extent: whole portion but court may rule partial revocation only Property in excess Extent: Whole returned portion Property to be returned Alienations/mortgages imposed are void unless registered with Register of Deeds Prior ones are void.