Property Ampil Accession Charts C 1 1

PROPERTY ACCESSION CHARTS C/O ATTY.
FRANCIS AMPIL
RULES WHEN LANDOWNER (LO)-BUILDER/PLANTER/SOWER (BPS) MAKES CONSTRUCTIONS OR

PLANTINGS OF ANOTHER (OM)
LM-BPS OM
GOOD FAITH GOOD FAITH
LO-BPS can acquire the materials provided there is full OM is entitled to full payment for value of materials
payment OR OM may remove materials provided there is no
substantial injury to the work done
BAD FAITH GOOD FAITH
LO-BPS can acquire the materials provided there is full OM is entitled to full payment for value of materials
payment plus damages plus damages OR OM may remove the materials
even if there will be substantial injury to the work
done plus damages
GOOD FAITH BAD FAITH
LO-BPS can acquire the materials without paying for the OM loses the materials without indemnity and will be
value thereof and will be entitled to damages due to liable for damages due to defects or inferior quality
defective or inferior quality of materials of materials
BAD FAITH BAD FAITH
Same as when the parties are in good faith
RULES WHEN BPS BUILDS, PLANTS, SOWS ON THE LAND OF ANOTHER (LM)
LANDOWNER BPS
GOOD FAITH GOOD FAITH
Option 1: To purchase whatever has been built, To receive indemnity for the necessary, useful and
planted, or sown after paying indemnity which luxurious expenses (if LO wants to
includes necessary expenses, useful appropriate the luxurious improvements)
expenses, and luxurious expenses (if the LO wants AND the right of retention over the land without
to appropriate the luxurious improvements) obligation to pay rent until full payment of
Option 2: To oblige the BP to buy the land OR the S indemnity
to pay the proper rent unless the value of the land To remove useful improvements provided it doesn't
is considerably more than that of the building or cause any injury (part of the right of retention)
trees If LO doesn't appropriate luxurious improvements,
BPS can remove the same provided there is no
injury to the principal thing
To purchase land at FMV when value is not
considerably more than that of building or trees
If BPS cannot pay purchase price of the land, LO
can require BPS to remove whatever has been
built, planted or sown.
If the value of land is considerably more than that
of the building or trees, the BPS cannot be
compelled to buy the land. In such case, BPS will
pay reasonable rent if LO doesn't choose option 1.
If BPS cannot pay the rent, LO can eject BPS from
the land.
GOOD FAITH BAD FAITH
Option 1: To acquire whatever has been built, Loses whatever has been built, planted or sown
planted or sown without paying indemnity EXCEPT without indemnity and liable to pay for damages.
necessary expenses for the preservation of the land Entitled to reimbursement for necessary expenses
and luxurious expenses (should the LO want to for preservation of the land but no right of
appropriate the luxurious improvements) plus retention.
damages Entitled to reimbursement for useful expenses but
Option 2: To oblige BP to buy land or S to pay cannot remove useful improvements even if
proper rent plus damages removal will not cause injury.
Option 3: To compel BPS to remove or demolish Not entitled to reimbursement for luxurious
work done plus damages. expenses EXCEPT when LO wants to acquire
luxurious improvements (value of which will be the
one at the time LO enters into possession)
Entitled to remove luxurious
improvements provided it will not cause injury and
LO doesn't want to acquire them.
Obliged to pay for land or proper rent and pay for
damages.
Obliged to remove or demolish work done at his
expense and pay damages.
BAD FAITH GOOD FAITH
To acquire whatever has been built, planted or If LO acquires whatever has been built, planted or
sown by paying indemnity plus damages. sown, BPS must be indemnified the value thereof
plus damages.
(If LO doesn't acquire whatever has been built,
planted or sown, BPS cannot insist on purchasing
land.)
BPS can remove whatever has been built, planted,
or sown regardless of whether or not it will cause
injury and will be entitled to damages.
BAD FAITH BAD FAITH
Same as when both parties are in good faith
RULES WHENLO, BPS, AND OM ARE 3 DIFFERENT PERSONS

LANDOWNER BPS OM
GOOD FAITH GOOD FAITH GOOD FAITH
Option 1: To acquire whatever To receive indemnity from LO To receive indemnity from BPS
has been built, planted or sown, with right of retention until full who is primarily liable for
provided there is payment. materials.
indemnity (which includes To buy land or to pay proper If BPS is insolvent, to proceed
value of what has been rent. against LO who is subsidiary
built, planted, or sown, liable
plus value of materials To receive indemnity from BPS
used.) only (LO is not subsidiary liable)
Option 2: To oblige the BP to buy with right of retention until full
land or S to pay rent unless the payment or
value of the land is more than To remove materials if there will
that of the building or trees be no injury on building or trees
and will have material rent lien
against BPS for the payment of
value of the materials
GOOD FAITH GOOD FAITH BAD FAITH
Same as above. Same as above. Whatever is the choice of the LO,
the OM: 1. Loses the
materials in favor
of BPS and 2. Will have no right
to receive indemnity from LO or
BPS
GOOD FAITH BAD FAITH BAD FAITH
Option 1: To acquire whatever BPS loses what has been built, (Since both BPS and OM are in
has been built, planted or sown planted or sown plus liable for bad faith, treat them both as if
without paying indemnity EXCEPT damages but is entitled to be they are in good faith.)
necessary expenses for the indemnity for necessary and Whatever is the choice of the LO,
preservation of the land and luxurious expenses (should the OM has right of receive
luxurious expenses (should the LO want to appropriate luxurious indemnity for value of materials
LO want to appropriate the improvements) and has no right from the BPS only. LO is not
luxurious improvements) plus of removal even if removal will subsidiary liable.
damages not cause any damage. If LO chooses Option 1, OM has
Option 2: To oblige BP to buy To buy the land or pay proper no right of removal even if there
land or S to pay rent and liable to pay damages will be no injury or
proper rent plus damages to LO. damage. If LO
Option 3: To compel BPS to To demolish or remove the work chooses Option 2, OM has right
remove or demolish work done done and liable to pay for to remove provided there will be
plus damages. damages. no injury or damage.
Liable to pay for damages due to
defects or inferior quality of the
materials.
BAD FAITH GOOD FAITH GOOD FAITH
To acquire what has been built, To receive indemnity from LO To receive indemnity for value of
planted, or sown by paying plus damages. the materials principally from the
indemnity plus liable to pay BPS and in case BPS is insolvent,
damages. subsidiary from LO
BAD FAITH GOOD FAITH BAD FAITH
Same as above. Same as above. No right to recover indemnity for
value of the materials from BPS
nor LO
PROPERTY POSSESSION CHARTS C/O ATTY. FRANCIS AMPIL
RULES OF FRUITS
Kinds of fruits Possessor in Good Faith Possessor in Bad Faith
Civil Fruits Entitled to fruits from the start of Not entitled to fruits.
possession until legal Must pay damages as rental from
interruption time possession started until
possession is finally defeated.
Natural or Industrial Fruits
Gathered Retain the Fruits Must account for the fruits and
return value of:
1.fruits actually received
2. Fruits which the legal
possessor could have received
with due care and diligence
Must pay damages as reasonable
rent for the term of possession
But entitled to necessary
expenses for preservation,
cultivation and gathering of the
fruits
PENDING Owner has 2 options: No rights not even
Option 1: Pro-rating (based on reimbursement of expenses for
period of possession) between cultivation (because by right of
possessor and owner of— accession, all fruits belong to the
expenses, net harvest, and owner without need to pay
charges indemnity)
Option 2: To allow possessor to
stay in possession until after all Must pay damages as reasonable
fruits are gathered (which shall rent for the term of possession.
serve as the indemnity for
expenses)
RULES ON EXPENSES AND DETERIORATION/LOSS

EXPENSES POSSESSOR IN GOOD FAITH POSSESSOR IN BAD FAITH
NECESSARY EXPENSES Entitled to reimbursement Entitled to reimbursement
Right of retention pending full No right of retention:

reimbursement mustvacate property—recourse
is to file collection case
Liable for damages as reasonable

rent for period of possession
USEFUL EXPENSES Owner has two options— No rights.
Option Reimbursement of either

amount spent or increase in
value with right of retention until
full payment
Option 2: To allow possessor to

remove provided there will be no
substantial injury or damage is
caused
LUXURIOUS EXPENSES Owner has two options— Owner has two options—
Option 1: To allow possessor to Option 1: To allow possessor to

remove ornaments if the remove ornaments if the
principal suffers no injury principal suffers no injury
Option 2: To retain the ornament Option 2: To retain the ornament

by refunding the amount spent by refunding the value of the
for the ornament ornament at the time owner
enters into possession, which
means depreciated value
DETERIORATION/LOSS No liability unless due to Always liable whether before or
fraudulent intent or negligence after service of judicial
after service of judicial summons summons, for any cause, even
fortuitous event
ALLUVIUM AVULSION
The deposit of the soil here is gradual Sudden or abrupt process may be seen
Soil cannot be identified Identifiable or verifiable
Belongs to the owner of the property to which it is Belongs to the owner from whose property it was
attached detached
Soil must be deposited adjacent the river bed

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PROPERTY ACCESSION CHARTS C/O ATTY.

RULES WHEN LANDOWNER (LO)-BUILDER/PLANTER/SOWER (BPS) MAKES CONSTRUCTIONS OR

RULES WHENLO, BPS, AND OM ARE 3 DIFFERENT PERSONS

PROPERTY POSSESSION CHARTS C/O ATTY. FRANCIS AMPIL

RULES ON EXPENSES AND DETERIORATION/LOSS

Right of retention pending full No right of retention:

Liable for damages as reasonable

Option Reimbursement of either

Option 2: To allow possessor to

Option 1: To allow possessor to Option 1: To allow possessor to

Option 2: To retain the ornament Option 2: To retain the ornament

Soil cannot be identified Identifiable or verifiable

Soil must be deposited adjacent the river bed

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