LAW ON PROPERTY

PROF. JOSE M. LAYUG, JR.

University of the Philippines
College of Law

Diliman, QuezonCity
LAW ON PROPERTY
 DISCUSSION OUTLINE

1. Classification
2. Ownership
3. Co-Ownership
4. Special Properties
5. Possession
6. Usufruct
7. Donation and Prescription
 PROPERTY
Classification
 CLASSIFICATION

1. Immovable or Real Property (415)

 By nature (1,8), incorporation (2,3,7), destination (4,5,6,9),
analogy (10)
2. Movable or Personal Property (416)
 416, 417 (test of movable character)
3. Significance
 Criminal law, Form of contracts, Prescription, Venue,
Taxation, Double sales, Preference of credits, Causes of
action
4. To Whom it Belongs
 Res Nullius (elements)
 Public dominion (420, 423, 424)
 Patrimonial (422, 423)
 Private ownership (425)
 CLASSIFICATION

1. Chavez vs. PEA, Amari

2. La B’gal Bulaan Tribal Association vs. Ramos
3. Other Classification By:
 Physical existence: corporeal and incorporeal
 Autonomy or dependence: principal, accessory
 Subsistence after use: consumable (418), fungible
 Divisibility
 Designation: generic and specific
 Time: present and future
 Contents and constitution: singular (simple and compound)
and universal
 Appropriation: Non-appropriable and appropriable
 Commerce: within and outside
 PROPERTY
Ownership
 OWNERSHIP

1. Definition and concept

2. Bundle of rights included: utendi, fruendi, abutendi,
disponendi, vindicandi, possidendi
 Self-help and right to exclude elements (429)
 Enclose and fence (430)
 Receive just compensation (435)
 Hidden treasure (438-439)
 Accession (440)
 Recover possession: accion vindicatoria, publiciana,
unlawful detainer and forcible entry, replevin (434)
3. Limits of real right of ownership
 General: Taxation, police power, eminent domain
 Specific: by law (431-432), by party, by owner, inherent by
contiguity
 Presumption of ownership and resort to judiciary (433)
 OWNERSHIP

4. Right of accession
 Concept (440-441) – is it a mode of ownership?
 General principles and kinds
 Both Discreta (produced) and Continua (attached or
incorporated):
 Accessory follows principal
 No unjust enrichment
 Continua alone
 Built, planted or sown on land of another belong to landowner
 Works, sowing and planting presumed made by owner and his expense
 Accessory incorporate to principal (447)
 Bad faith includes liability for damages
 Bad faith of one neutralizes bad faith of another (453)
 Discreta alone
 Ownership of fruits (441)
 Obligation of receiver of fruits to pay expenses of 3 rd party
in production, gathering and preservation (443)
 OWNERSHIP

 Kinds accession
 Discreta: natural, industrial and civil (440)
 Continua
 Over immovables
 Artificial or industrial (building, planting and sowing – BPS) Owner is BPS
using material of another in GF/BF (447)
 BPS builds, plants or sows on another’s and using his own materials in
GF/BF (448-454)
 BPS builds, plants and sows on another’s land with materials of 3 rd
person (455)
 Over movables (466-470)
 Natural
 Alluvium (457)
 Avulsion (459); Trees (460)
 Change in course of river (461-463)
 Islands formation (461-465)
 Over movables (471-474): conjunction, adjunction,
commixtion, confusion, specification
 OWNERSHIP

5. Quieting of title – action to end vexations on

property
 Remove a cloud
 Prevent a cloud
 Prescription
 Parties who can file
 Notes:
 Cloud on title to real property or interest to real property (476)
 Plaintiff has legal or equitable title to or interest in real property
 Instrument record claim must be valid and binding on its face but in
truth invalid, ineffective, voidable or unenforceable
 Plaintiff must return benefits received from defendant
 Actions to quiet title or proceedings are quasi in rem
 PROPERTY
Co-Ownership
 CO-OWNERSHIP

1. Defined.
2. La B’gal Bulaan Tribal Association vs. Ramos
3. Other Classification By:
 Physical existence: corporeal and incorporeal
 Autonomy or dependence: principal, accessory
 Subsistence after use: consumable (418), fungible
 Divisibility
 Designation: generic and specific
 Time: present and future
 Contents and constitution: singular (simple and compound)
and universal
 Appropriation: Non-appropriable and appropriable
 Commerce: within and outside
 CO-OWNERSHIP

 Use of property co-owned (486)

 Can one co-owner by himself bring an action for ejectment?
(487)
 Expenses for preservation and voting: decision by one but
majority needed for improvement; alterations;
administration and better enjoyment (488-489, 491, 492)
 Rules on different stories of a house (490)
 Full ownership of co-owner’s part and may alienate, assign
or mortgage except when personal rights are involved (493)
 Right to partition and agreement to keep it undivided for 10
years; donor may prohibit partition for 20 years (494)
 Can prescription run in favor of co-owner?
 Prejudice to third persons upon partition (499)
 PROPERTY
Possession/Usufruct
 POSSESSION

 POSSESSION AND KINDS

 Concept as owner and holder (525)
 Good faith (526-529)
 ACQUISITION OF POSSESSION
 How acquired? Material occupation or exercise of right; subject to
action of our will or proper acts and legal formalities (531)
 What is negotiorium gestio? (532)
 Hereditary title (534)
 What if two possessors? (538)
 EFFECTS OF POSSESSION
 Preliminary mandatory injunction (539)
 What if good faith ceases? Who gets the fruits? Who pays for
expenses? (545)
 Other rights of possessor in good faith and bad faith: right of
retention (546-554)
 Possessor in bad faith shall reimburse fruits received and right
only to necessary expenses (548)
 POSSESSION

 EFFECTS OF POSSESSION
 Do you lose possession of movables if you are under control? (556)
 Do you lose possession of immovables by prescription? (557)
 Possession of movable acquired in good faith is equivalent to a
title (559)
 What if acquired in good faith at a public sale?
 USUFRUCT
 Concept and How Constituted (562-564)
 Specific Rights: Who gets the fruits? Hidden treasure? (566-567)
 Other rights (568-580) – just review
 Obligations: Inventory and Security (583)
 Other obligations (584-591) – just review
 Obligations: Ordinary and Extraordinary Repairs; Taxes (592-597)
 Extinguishment (603)
 Usufruct in favor of corporation not more than 50 years (605)

 PROPERTY
Easements/Servitudes
 EASEMENTS OR SERVITUDES

 Kinds (613-619)
 Dominant vs. servient (613)
 Continuous vs. Discontinuous (615); Apparent vs. Non-apparent
 Positive vs. Negative (616)
 Are easement indivisible? (618)
 Established by law (legal) or will (voluntary) (619)
 Modes of Acquiring (620-626)
 Continuous and apparent acquired by title or 10 year prescription
(620)
 Continuous, non-apparent and discontinuous can be acquired only
by title (622)
 Rights and Obligations (627-630)
 Modes of Extinguishment (631)
 Legal Easements (634-687) - review
 General
 Relating to Waters
 EASEMENTS OR SERVITUDES

 Legal Easements (634-687) - review

 Right of Way (649-655)
 Party Wall (658-666)
 Light and View (667-673)
 Drainage of Buildings (674-676)
 Construction and Plantings (677-681)
 Nuisance (682-683)
 Lateral and Subjacent Support (684-687)
 Voluntary Easements (688-693)
 Nuisance (694-707)
 PROPERTY
Donation
 DONATION

 Mode of acquiring ownership (712)

 Nature of Donation: An Act of Liberality; Effectivity (725,
734, 745-747)
 Inter vivos vs. Mortis Causa (729-732)
 Who may give? (736-744)
 Form of donation: oral or written for movables/immovables?
(748-749)
 Effect of Donations and Limitations: Future property?
Payment of debts? (750-759) – just review
 Revocation and Reduction (760-773) – just review
LAW ON PROPERTY
PROF. JOSE M. LAYUG, JR.
University of the Philippines
College of Law

Diliman, QuezonCity
LAW ON PROPERTY