Property Memaid

42 |2009 CENTRALIZED BAR OPERATIONS San Beda College of
Law
PROPERTY - All things which are, or may be, the body of a person or parts thereof may be the
object of appropriation (Art. 414, NCC) subject matter of a transaction (See RA No.
349, RA No. 7170, RA No. 7719).
Thing and Property Distinguished • Parties to a contract may treat as personal
THING PROPERTY property that which by nature is real property;
includes both things which are and it is a familiar phenomenon to see things
appropriable and non- susceptible of classed as real property for purposes of
appropriable objects appropriation and taxation which on general principle might be
which are already considered personal property (Standard Oil
possessed and found Co. vs. Jaranillo GR No. 20329, March 16,
in the possession of 1923).
man
IMMOVABLE PROPERTIES
Note: Strictly speaking, “thing” is NOT synonymous
Categories: (NIDA)
with “property”. HOWEVER, the New Civil Code
uses these terms interchangeably.
1. Real by nature – it cannot be carried from
place to place (pars. 1 & 8, Art. 415)
Requisites/Characteristics: (USA) 2. Real by incorporation – attached to an
1. utility – ability to serve as a means to satisfy immovable in a fixed manner to be an integral
human needs part thereof (pars. 1–3 Art. 415)
2. substantivity or individuality – separate and 3. Real by destination – placed in an immovable
for the utility it gives to the activity carried
autonomous existence
thereon (pars. 4–7 and 9 Art. 415)
3. appropriability – even if not yet actually
appropriated (Reyes-Puno, p.1)
4. Real by analogy – it is so classified by express
provision of law (par. 10, Art. 415)
CLASSIFICATION OF PROPERTY Types of Immovable Properties (Art. 415)
1. Land, buildings, roads and constructions
Kinds of Properties: of all kinds adhered to the soil
1. Immovable or real (Art. 415) • Where a building is sold to be demolished
2. Movable or personal (Arts. 416, 417) immediately, it is to be regarded as
movable because the subject matter of the
• The human body, whether alive or dead, is contract is really the materials thereof.
neither real nor personal property, for it is not • Buildings are immovables by
even property at all, in that it generally cannot incorporation. Hence, their adherence to
be appropriated. Under certain conditions, the the land must be permanent and
EXECUTIVE COMMITTEE:
HERBERT CALVIN ABUGAN overall chair and chair academics operations, MANOLO ADEL SANTOS chair hotel
operations, GRACE SARAH TRIA vice chair for operations, JUAN CARLOS NUESTRO vice chair for academics, MAE
ANGELIE ETANG vice chair for secretariat, KRISTINE ANNABELLEE HIPOS vice chair for finance, EIREENE XINA ACOSTA
vice chair for edp, ACE JELLO CONCEPCION vice chair for logistics
CIVIL LAW:
FRANCESCA LOURDES SENGA subject chair, SHEENA MARIE ABELLA assistant subject chair, ACE ARVIN GANDO edp,
FRANCESCA LOURDES SENGA persons and family relations, CRISCELYN CARAYUGAN property, MA. PELISA CORAZON
PARIDO and MARY IVY ANNE GALANG wills and succession, MARIA DANIAFLOR BERAMO and COLLEEN INFANTE
obligations and contracts, MARY IVY ANNE GALANG sales and lease, EVA CHRISTINE NAPARAN partnership, agency and
trust, KATHERINE ANN ASILO credit transactions, SHEENA MARIE ABELLA torts and damages, JAN PEARL PORTUGAL
land titles and deeds, JAN MANUELLE REYES conflict of laws
MEMBERS:
Aldren Abrigo, Lloyd Elgene Apostol, Joanna Arellano, Jonathan Bajeta, Paul Isaac Barrameda, Barbara Jeniffer
Bautista, Arlene Borja, Leana Blasco
Keith Francis Briones, Angelita Calalang, Uelah Cangco, Kristine Paula Chu, Benedicto Claravall, Diane Therese Dauz,
Herbert Davis, Riyah Lalaine Domingo, Ana Ofloda delos Reyes, Ramona Diňozo, Clarissa Enano-Caenano, Carla
Esplana, Diana Fajardo, Leoponville Ndota Wambui Gitau, Kristine Carmela Gonzales, Daisy Joy Jalova, Roehl Joson,
Jackie Lamug, Flocerfina Lloren, Jerome Matas, Herbert Matienzo, Charlene Clara, Mendoza, Kristel Concepcion Ona,
Joanna Marie Paguio, Patricia Salang, Christine Santos, Rio Rose Santos, Charlotte Sayson, Mary Meilani Suyat, Jezreel
Caridad Taguba, Florence Tolentino, Philip Torres, Gilda Villanueva, Joan Grace Wilson, Joshua Villena, Raul Canon,
Deogracias Natividad
Law
substantial. Portable structures are not a. The machinery, etc. must be placed by the
immovables. owner of the tenement or his agent
• A building is an immovable even if not b. The industry or works must be carried on
erected by the owner of the land. The only in a building or on a piece of land
criterion is union or incorporation with the c. The machinery, etc. must tend directly to
soil. (Ladera vs. Hodges CA-GR No. meet the needs of the said industry or
8027-R, September 23, 1952). works
• A building is real property thus, its sale as
annotated in the Chattel Mortgage • Movable equipments, to be immobilized in
Registry cannot be given the legal effect contemplation of law, must be essential and
of registration in the Registry of Real principal elements of an industry or works
Property (Leung Yee vs. Strong (Mindanao Bus Co. vs. City Assessor and
Machinery Co. GR No. L-11658 February Treasurer GR No. L-17870, September 29,
15, 1918). 1962).
• Machinery, movable in nature, becomes
2. Trees, plants, and growing fruits immobilized when placed on a plant by the
• When trees are cut or uprooted, owner of the property but not so when placed
incorporation ceases and they become by a tenant, usufructuary or a person having
movables; timber is still integral part of an only a temporary right unless such person
immovable property when it constitutes the acted as agent of the owner (Davao Sawmill
natural product of the latter. Co. vs. Castillo GR No. 40411, August 7,
• For purposes of attachment, execution, 1935).
and the Chattel Mortgage Law, growing
crops have the nature of personal property There are 2 views on the effect of the temporary
(Sibal vs. Valdez GR No. L-27352, August separation of movables from the immovables to
4, 1927). which they are attached:
a. They continue to be regarded as
3. Everything attached to an immovable in a immovables.
fixed manner b. Fact of separation determines the
• The attachment need not be made by the condition of the object (supported by
owner. Paras and Tolentino)
• The breakage or injury, in case of
separation, must be substantial. • If the machine is still in the building, but is no
• The fact that the machineries were bolted longer used in the industry, the machine
or cemented on real property mortgaged reverts to the condition of a chattel. On the
does not make them ipso facto immovable other hand, if still needed for the industry, but
under Art. 415 (3) and (5) as the parties separated from the tenement temporarily, the
intent has to be looked into. Even if the property continues to be an immovable
properties appear to be immovable by (Paras, p.20).
nature, nothing prohibits the parties from
treating them as chattels to secure an 6. Animal houses, pigeon houses, beehives,
obligation under the principle of estoppel fish ponds, etc.
(Tsai vs. CA, GR No. 120098, October 2, Requisites:
2001). a. Placed by the owner, or by a tenant as
agent of the owner, with the intention of
4. Statues, reliefs, paintings, or other objects permanent attachment
for use or ornamentation b. Forms a permanent part of the immovable
Requisites:
a. Placed by the owner or by a tenant as 7. Fertilizer
agent of the owner • “Actually used” means that it has been
b. With the intention of attaching them spread over the land.
permanently, even if adherence will not
involve breakage or injury 8. Mines, quarries and slag dumps
• They are considered as realty only if the
5. Machinery, receptacles, instruments, or matter remains unsevered from the soil.
implements for an industry or works Once severed, they become personalty.
Requisites:
9. Docks and Structures
43
San Beda College of Law MEMORY AID IN CIVIL LAW| 44
• Vessels are considered personal property Note: The New Civil Code, in many instances,
under the Civil Law as well as under the uses the terms consumable and fungible
common law, although occasionally interchangeably.
referred to as a peculiar kind of personal PROPERTY IN RELATION TO WHOM IT
property. (Phil. Refining Co., Inc. vs. Jarque BELONGS (Arts. 419–425)
GR No. 41506, March 25, 1935). Property is either of:
1. public dominion
10. Contracts for Public works, and servitudes 2. private ownership
and other real rights
• A personal right is always regarded as I. Property of Public Dominion
personal property. The exception is in the
case of contracts for public works which Concept: It does not import the idea of ownership.
are considered as real property. It is not owned by the state but simply under its
MOVABLE PROPERTIES jurisdiction and administration for the collective
enjoyment of people. The ownership of such
Tests: properties is in the social group, whether national,
1. By exclusion: all not included in Art. 415 provincial or municipal.
2. By description: an object is movable if:
a. It can be transported from place to Purpose: To serve the citizens and not the state
place; as a juridical person.
b. Without substantial injury to the
immovable to which it is attached. Kinds:
3. Real Property considered as personal property 1. For public use – may be used by anybody
by special provision of law. 2. For public service – may be used only by
authorized persons
Kinds of Movable Properties (ASFTOS): 3. For the development of national wealth
1. Those movables susceptible of appropriation
which are not included in the preceding article • The charging of fees to the public does not
2. Real property which by any special provision determine the character of the property,
of law is considered personalty whether it is of public dominion or not. Art. 420
3. Forces of nature which are brought under defines property of public dominion as one
control by science “intended for public use”. Even if the
4. In general, all things which can be transported government collects toll fees, the road is still
from place to place without impairment of the “intended for public use” if anyone can use it
real property to which they are fixed (Art. 416) under the same terms and conditions as the
5. Obligations and actions which have for their rest of the public (MIIA vs. CA, GR No.
object movables or demandable sums 155650, July 20, 2006).
6. Shares of agricultural, commercial and
Characteristics: (OI-PAE)
industrial entities, although they may have real
estate (Art. 417) 1. Outside the commerce of man
2. Inalienable, but when it is no longer needed for
Classifications of Movables: public use or service, it may be declared
1. By Nature: patrimonial property.
a. Consumable - cannot be used 3. Cannot be acquired by prescription
according to its nature without it being 4. Not subject to attachment or execution
consumed. 5. Cannot be burdened with easements
b. Non-consumable - any other kind
of movable property (Art. 418). Note: They CANNOT be registered under the land
2. By Intention: registration law and be the subject of a Torrens
a. Fungible - replaceable by an title. The character of public property is not
equal quality and quantity, either by nature affected by possession or even a Torrens Title in
of things or agreement. favor of private persons (Palanca vs.
b. Non-fungibles - irreplaceable Commonwealth, GR No. 46373, Jan. 29, 1940).
because identical objects must be • As property of public dominion, the Roppongi
returned. lot is outside the commerce of man. The fact
that it has not been used for a long time does
not automatically convert it to patrimonial
property. The conversion happens only if the
abandonment is definite and upon a formal
Law
declaration on the part of the government to control or regulate the use of public properties
withdraw it from public use (Laurel vs. Garcia unless specific authority is vested upon them
GR No. 92013, July 25, 1990). by Congress (Macasiano vs. Diokno GR N.
• The Executive and possibly the Legislative 97764, August 10, 1992).
Departments have the authority and the power
to make the declaration (Natividad vs. Director OWNERSHIP
of Lands 37 O.G. 2906).
The rights to enjoy, dispose, and recover a thing
II. Property of Private Ownership without further limitations than those established
by law or the will of the owner.
Kinds:
1. Property owned by the state and its political SUBJECT-MATTER (Art. 427)
subdivisions in their private capacity and is 1. thing - usually refer to corporeal property
known as patrimonial property (Art. 421-424) 2. right - whether real or personal, are classified
2. Property belonging to private persons (Art. as incorporeal property
425)
RIGHTS INCLUDED:
1. Right to enjoy: (PUFA)
Patrimonial Property of the State a. to possess (jus possidendi)
1. Property of the State owned in a private or b. to use (jus utendi)
proprietary capacity c. to the fruits (jus fruendi) and
2. Property of public dominion, when no longer accessions
intended for public use or public service, shall d. to abuse (jus abutendi)
form part of the patrimonial property 2. Right to dispose: (DATE)
3. The state has the same rights over this kind of a. to destroy
property as a private individual in relation to b. to alienate
his own private property c. to transform
d. to encumber
Property of Political Subdivisions 3. Right to vindicate: (PR)
1. Property for public use – consist of roads, a. pursuit
streets, squares, fountains, public waters,
b. recovery
promenades and public works for public
4. Right to exclude: (ER)
service paid for by the LGUs.
Note: The enumeration in Art. 424 are not 1. to enclose, fence and delimit
exclusive. 2. to repel intrusions even with force
2. Patrimonial Property – all other properties
possessed by LGUs without prejudice to CHARACTERISTICS: (GEEPI)
provisions of special laws 1. General – the right to make use of all the
possibilities or utility of the thing owned, except
Note: Arts. 423 and 424 speak of property for those attached to other real rights existing
public use, indicating that property for public thereon.
service is patrimonial. However, the Supreme 2. Elastic – power/s may be reduced and
Court, in Province of Zamboanga Del Norte vs. thereafter automatically recovered upon the
City of Zamboanga (GR No. L-23922, June 30, cessation of the limiting rights.
1969), categorically stated that “this court is not 3. Exclusive – there can only be one ownership
inclined to hold that municipal property held and over a thing at a time. There may be two or
devoted to public service is in the same category more owners but only one ownership.
as ordinary private property. The classification of 4. Perpetuity – ownership lasts as long as the
municipal property devoted for distinctly thing exists. It cannot be extinguished by non
governmental purposes as public, under the Law user but only by adverse possession.
of Municipal Corporations, should prevail over the 5. Independence – it exists without necessity of
Civil Code in this particular case.” The Law of any other right.
Municipal Corporations was considered as a LIMITATIONS: (GOSIP)
special law in the context of Art. 424 of the NCC. 1. General limitations imposed by the State for its
• Properties of public dominion devoted to public benefit
use are outside the commerce of men and 2. Limitations imposed by the owner himself
cannot be disposed of or leased by the LGU to 3. Specific limitations imposed by law
private persons. LGUs have no authority to
45
4. Inherent limitations arising from conflict with i. Forcible entry (detencion): An action for recovery
other rights of material possession of real property when a
5. Limitations imposed by the party transmitting person originally in possession was deprived
the property either by contract or by will thereof by force, intimidation, strategy, threat or
stealth.
DE FACTO CASE OF EMINENT DOMAIN ii. Unlawful Detainer (desahuico): An action for
• Expropriation resulting from the actions of recovery of possession of any land or building by a
nature as in a case where land becomes part landlord, vendor, vendee, or other person against
of the sea. The owner loses his property in whom the possession of the same was unlawfully
favor of the state without any compensation. withheld after the expiration or termination of the
• When the sea moves towards the estate and right to hold possession, by virtue of any contract.
the tide invades it, the invaded property
becomes foreshore land and passes to the
realm of the public domain (Republic vs. CA,
GR No. 100709, November 14, 1997).
PRINCIPLE OF SELF-HELP (Art. 429)

• The owner or lawful possessor of a thing has
the right to exclude any person from the
enjoyment and disposal of the property by the
use of such force as may be necessary to Forcible Entry and Unlawful Detainer
repel or prevent actual or threatened unlawful Distinguished
physical invasion or usurpation of his property. UNLAWFUL
FORCIBLE ENTRY
Requisites: (RONA) DETAINER
1. reasonable force As to when possession became unlawful
2. owner or lawful possessor is the person Possession of the Possession is
who will exercise defendant is unlawful inceptively lawful but
3. no delay in one’s exercise from the beginning as he becomes illegal from
4. actual or threatened physical invasion or acquires possession by the time defendant
usurpation force, intimidation, unlawfully withholds
strategy, threat or stealth possession after the
DOCTRINE OF INCOMPLETE PRIVILEGE OR expiration or
STATE OF NECESSITY (Art. 432) termination of his right
General rule: A person cannot interfere with the thereto.
right of ownership of another.
As to the necessity of demand
Exception: Doctrine of Incomplete Privilege or No previous demand for Demand is
State of Necessity the defendant to vacate jurisdictional if the
Requisites: (ID) is necessary ground is non–
1. Interference necessary to avert an payment of rentals or
imminent and threatened danger failure to comply with
2. Damage to another much greater than the lease contract
damage to property As to necessity of proof of prior physical
possession
LEGAL REMEDIES TO RECOVER POSSESSION Plaintiff must prove that Plaintiff need not have
OF ONE’S PROPERTY: he was in prior physical been in prior physical
1. Personal Property possession of the possession
Replevin – a remedy for the recovery of premises until he was
possession of personal property which is deprived thereof by the
governed by Rule 60 of the Rules of Court defendant
2. Real Property
a. Accion interdictal: A summary action to As to when the 1 year period is counted from
recover physical or material possession of 1 year period is 1 year period is
property. generally counted from counted from the date
• It must be brought in the proper the date of actual entry of last demand or last
municipal trial court or metropolitan on the land letter of demand
trial court within one year from the
time the cause of action arises.
Law
b. Accion publiciana: An ordinary civil 6. The finder is not married under the absolute
proceeding to recover the better right of community or the conjugal partnership system
possession of property and is resorted to (otherwise his share belongs to the
when the dispossession has lasted for community).
more than 1 year.
• The issue involved is not • It is necessary that no known owner appears.
possession de facto but possession “Hence, that money found in a library, when
de jure of realty independent of the the books were delivered to the legatees in a
title. testamentary proceeding, could not be
• Must be brought in the proper considered a treasure because it was shown
regional trial court within a period of that the library had been used by the testator
10 years from the time the cause of and that money consisted, in greater part, of
action arises. this kind in circulation during the life of the
c. Accion reivindicatoria: An action to testator” (1 Capistrano 394).
recover real property based on ownership.
The object is the recovery of dominion ACCESSION (Arts. 440– 475)
over the property as owner. The right by virtue of which the owner of a thing
• Must be brought in the proper becomes the owner of everything that is produced
regional trial court within a period of thereby or which is incorporated or attached
10 years from the time the cause of thereto, either naturally or artificially.
action arises.
Requisites: ACCESSORIES - things joined to or included with
i. The thing must be corporeal, concrete, the principal thing for the latter’s embellishment,
and determinate better use, or completion
ii. Proof of identity
iii. Proof of title (Reyes-Puno, p.24)
SURFACE RIGHTS (Art. 437)

The owner of parcel of land is the owner of its Classifications:
surface and everything under it. 1. Accession Discreta – the right pertaining to
the owner of a thing over everything produced
Limitations: thereby
Horizontally: extends up to the boundaries
Vertically: extends below the surface and above it Fruits - all periodical additions to a principal
to the extent required by the economic interest of thing produced by forces inherent to the thing
or utility to the owner, in relation to the exploitation itself
that may be made of the property
Airspace: the owner cannot complain of the Requisites:
reasonable requirements of aerial navigation a. increase or addition to the original
thing
HIDDEN TREASURE (Arts. 438 & 439) b. at repeated intervals
Any hidden or unknown deposit of money, jewelry c. by inherent forces
or other precious objects, the lawful ownership of
which does not appear Kinds of Fruits
a. natural fruits – spontaneous
General rule: It belongs to the owner of the land, products of the soil, the young and other
building or other property on which it is found. products of animals
b. industrial fruits – those produced
Exceptions: The finder is entitled to ½ provided: by lands of any kind through cultivation or
1. Discovery was made on the property of labor
another, or of the state or any of its political c. civil fruits – rents of buildings,
subdivisions; price of leases or lands and the amount of
2. The finding was made by chance; perpetual or life annuities or other similar
3. The finder is not a co–owner of the property income
where it is found;
4. The finder is not a trespasser; • Bonus to planters for the risk
5. The finder is not an agent of the landowner; undergone in mortgaging property is NOT
a civil fruit of the mortgaged property
47
(Bachrach Motor Co. vs. Talisay-Silay BUILDER,

OWNER OF
Milling Co. GR No. 35223, September 17, LANDOWNER THE
PLANTER,
1931). (LO) MATERIALS
SOWER (B,P,S)
(OM)
Good Faith Good Faith Good Faith
General rule: To the owner of the principal Acquire Right of Collect value of
belongs the natural, industrial, and civil fruit. improvements retention for materials
Exceptions: If the thing is: (PULA) and pay to B, P, necessary and primarily from B,
a. in possession of a possessor in S indemnity; useful expense P, S; subsidiarily
good faith; subsidiarily Pay value of from land owner
b. subject to a usufruct; liable to owner materials to if B, P, S
of materials owner of insolvent
c. leased or pledged; or
a. sell land to B materials Remove only if
d. in possession of an antichretic or P except if without injury
creditor the value of the (455, 447)
land is
General rule: Expenses of production, considerably
gathering and preservation (whether more or more
less than the value of the fruits) must be borne b. rent to S
by the receiver of the fruits. (448, 546, 455)
Good Faith Good Faith Bad Faith
Acquire Right of Lose them
Exception: The rule does NOT always apply to improvements retention for without right to
pending fruits. and pay necessary and indemnity (449)
indemnity to B, useful expenses
2. Accession Continua – the right pertaining to P, S Keep building,
the owner of a thing over everything that is A. Sell to B, P planting or
incorporated or attached thereto either except if the sowing w/o
naturally or artificially; by external forces. value of land is indemnity to
considerably owner of
a. With respect to real property more, forced materials and
i. accession industrial lease collect damages
• building, planting, sowing Without (546, 449)
ii. accession natural subsidiary
• alluvium, avulsion, change of liability for cost
of material
course of rivers, formation of
Good Faith Bad Faith Bad Faith
islands Option to: Recover Recover value
b. With respect to personal property Acquire necessary from B, P, S (as
i. adjunction or conjunction improvement expenses for if both acted in
ii. commixtion or confusion w/o paying preservation good faith)
iii. specification indemnity and Lose If B, P, S
collect improvements acquires
Basic Principles: (GONE BAD) damages, or w/o right to improvements,
Demolition or indemnity from remove
1. He who is in good faith may be held restoration, and LO (452) unless materials if w/o
responsible but will not be penalized. collect the LO sells injury (447)
2. To the owner of a thing belongs the extension damages, or land No action versus
or increase of such thing. Sell to B, P or LO
3. Bad faith of one party neutralizes the bad faith rent to S, and
of the other. collect damages
Pay necessary
4. There should be no unjust enrichment at the expenses to B,
expense of others. P, S (449, 450,
5. Bad faith involves liability for damages. 451)
6. Accessory follows the principal. Bad Faith
7. Accession exists only if the incorporation is {Same as though all acted in good faith (453)}
Bad Faith Good Faith Good Faith
such that separation would either seriously
Acquire Remove Remove
damage the thing or diminish its value. improvements improvements in materials if w/o
after paying any event injury
Right of Accession With Respect To Real indemnity and Be indemnified Collect value of
Property damages to B, for damages materials,
P, S primarily from B,
Accession Industrial Subsidiarily P, S; subsidiarily
Table of Rights and Obligations: liable to owner from LO (447,
Law
of materials 455) (Ignao vs. Intermediate Appellate Court GR

(454, 447, 455) No. 72876, January 18, 1991).
Bad Faith Bad Faith Good Faith • Does not apply where one’s interest in the land
Acquire Right of Collect value of is merely that of a holder such as a mere
improvements retention for materials lessee under a rental contract (Balucanag vs.
after indemnity necessary primarily form B, Francisco GR No. L-33422, May 30, 1983), an
to B, P, S; expenses P, S; subsidiarily agent, or a usufructuary (Macasaet vs.
subsidiarily Pay value of from LO Macasaet GR No. 154391, September 30,
liable to owner materials to 2. Collect
2004).
of materials owner of damages
a. Sell to B, P materials and 3. If B, P, S • The provision on indemnity in Art. 448 may be
except: if the pay him acquires applied by analogy considering that the
value is damages (546, improvements primary intent of the law is to avoid a state of
considerably 447) remove forced co–ownership especially where the
more materials in any parties agree that Arts. 448 and 546 are
b. Rent to S event (447, 455) applicable and indemnity for the improvements
(453, 448, 546, may be paid although they differ as to the
548, 455)
basis of the indemnity. It is the current market
Good Faith Bad Faith Good Faith
Option to: Recover Collect value of value of the improvements which should be
Acquire w/o necessary materials and made the basis of reimbursement to the
paying expenses (452, damages from builder in good faith (Pecson vs. CA, GR No.
indemnity and 443) B, P, S and 94033, May 29, 1995).
collect damages Lose subsidiarily from
Sell to B, P and improvements LO Options of the landowner:
rent to S and w/o right of Remove
collect damages retention from materials in any
• The owner of the land shall have the right to
Demolish or LO (452) unless event if B, P, S appropriate as his own the building, planting or
restore and LO sells the acquires sowing, after payment of the necessary and
collect damages land improvements useful expenses. The owner of the land may
Pay necessary also oblige the builder, planter or sower to pay
expenses to B, the price of the land. If the owner chooses to
P, S sell his land, the builder, etc. must purchase
Subsidiarily the land; otherwise, the owner may remove the
liable to owner improvements thereon. The builder, etc. is not
of materials
obliged to purchase the land if its value is
(449, 450, 451)
Bad Faith Good Faith Bad Faith considerably more than the building. In such
Acquire Indemnity for No indemnity; case, the builder, etc. must pay rent. If the
improvements & damages lose materials parties cannot come to terms over the
pay indemnity & Remove (449) conditions of the lease, the court must fix the
damages to B, improvements in terms thereof. (Ballatan vs. CA, GR No.
P, S (454,447) any event 125683, March 2, 1999).
(454,447)
• The landowner may not refuse both to pay for
the building and to sell the land and instead
Article 448: seek to compel the owner of the building to
remove the building from the land. He is
Application: entitled to such removal ONLY when, after
• Applies only when the builder, planter or sower having chosen to sell the land, the other party
believes he has the right to build, plant or sow fails to pay for said land (Ignacio vs. Hilario
because he thinks he owns the land or GR No. L-175, April 30, 1946).
believes himself to have a claim of title • Should no other arrangement be agreed upon,
(Morales vs. CA, GR No. 126196, January 28, the owner of the land does not automatically
1998). become the owner of the improvement
• When the co-ownership is terminated by a (Filipinas Colleges, Inc. vs. Timbang GR No.
partition and it appears that the house of an L-12812, September 29, 1959).
erstwhile co-owner has encroached upon a
portion pertaining to another co-owner which Right to choose:
was however made in good faith, then the • It is the owner of the land who must exercise
provisions of Art. 448 should apply to the option because his right is older and
determine the respective rights of the parties because, by the principle of accession, he is
49
entitled to the ownership of the accessory registered land just because the lot which
(Bernardo vs. Bataclan GR No. 44606, receives such accretion is covered by a
November 28, 1938). Torrens title. The riparian owner must
• The so-called “workable solution,” as provided register the additional area (Heirs of E.
in the case of Grana vs. CA (GR No. L-49219, Navarro vs. Intermediate Appellate Court
April 18, 1988) is one where the Court orders GR No. 68188, October 13, 1997).
the owner of the land to sell to the builder, etc. • Failure to register the acquired
the part of the land intruded upon, and thereby alluvial deposit by accretion subjects said
depriving him of his right to choose, because it accretion to acquisition thru prescription by
would be impractical to choose the first third persons (Reynante vs. CA, GR No.
alternative for the whole improvement might be 95907, April 8, 1992).
rendered useless. • A riparian owner cannot acquire
the addition to his land caused by special
Accession natural works (e.g., dikes) expressly intended by
him to bring about accretion (i.e., for
1. Alluvion or Alluvium (Art. 457-458) reclamation purposes) and not to protect
Increment which lands abutting rivers his property from the destructive force of
gradually receive as a result of the current of the waters of the river (Republic vs. CA,
the waters GR No. L-43105, August 31, 1984).
• In the absence of evidence that
Accretion - the process by which a riparian the change in the course of the river was
land gradually and imperceptibly receives sudden, the presumption is that the
addition made by the water to which the land is change was gradual and was caused by
contiguous alluvium and erosion (Payatas-Estate
Improvement Co. vs. Tuason GR No. L-
Requisites of alluvion or accretion: 30067, March 23, 1929).
a. the deposit or accumulation of soil
or sediment must be gradual and 2. Avulsion (Art. 459)
imperceptible (increase must be The transfer of a known portion of land from
comparatively little) one tenement to another by the force of the
b. the accretion must result from the current. The portion of land must be such that
effects or action of the current of the water it can be identified as coming from a definite
c. that the land where accretion tenement.
takes place is adjacent to the bank of the
river
• Accretions belong to the riparian Requisites:

owners upon whose lands the alluvial a. the segregation and transfer must
deposits were made (Agustin vs. be caused by the current of a river, creek
Intermediate Appellate Court GR Nos. or torrent
66075-76, July 5, 1990). b. the segregation and transfer must
be sudden or abrupt
Reasons for the rule: c. the portion of land transported
a. To compensate the owner for must be known or identified
losses which they may suffer by erosion.
b. To compensate them for the Note: The owner must remove (not merely
burdens of legal easements, which are claim) the transported portion within two years
imposed upon them to retain ownership.
c. Because it is the owner of the • Art. 460 applies only to uprooted
contiguous land who can utilize the trees. If a known portion of land with trees
increment to the best advantage standing thereon is carried away by the
d. Because this is the only feasible current to another land, Art. 459 govern
solution, since the previous owners can no and the 2 year period applies.
longer be identified. • In case of uprooted trees, the
owner retains ownership if he makes a
• An alluvion is automatically owned claim within 6 months. This does not
by the riparian owner from the moment the include trees which remain planted on a
soil deposit can be seen but the additional known portion of land carried by the force
area does not automatically become of the waters. In the latter case, the trees
Law
are regarded as accessions of the land i. if nearer to one margin or bank – to

through gradual changes in the course of the nearer riparian owner
adjoining stream (Payatas-Estate ii. if equidistant from both banks – to the
Improvement Co. vs. Tuason GR No. L- riparian owners, by halves
30067, March 23, 1929).
• There is no accession when
Alluvium and Avulsion Distinguished islands are formed by the branching of a
ALLUVIUM AVULSION river; the owner retains ownership of the
isolated piece of land.
gradual and sudden or abrupt
imperceptible process
Right of Accession With Respect To Personal
soil cannot be identified identifiable and Property
verifiable
belongs to the owner of belongs to the owner Basic Principle: Accession exists only if separation
the property to which it is from whose property it is not feasible. Otherwise, separation may be
attached was detached demanded.
3. Change of Course of Rivers (Art. 461–462) Kinds:

Requisites: (NAPA) 1. Adjunction/ conjunction (Arts. 466-471): The
a. There must be a natural change in union of two movable things belonging to
the course of the waters of the river; different owners, in such a manner that they
otherwise, the bed may be the subject of a cannot be separated without injury, thereby
State grant (Reyes–Puno, p.54). forming a single object
b. The change must be abrupt or
sudden Requisites:
c. The change must be permanent; a. the two things must belong to
the rule does not apply to temporary different owners
overflowing b. that they form a single object, or
that their separation would impair their
d. There must be abandonment by
nature
the owner of the bed i.e. a decision not to
bring back the river to the old bed.
Kinds:
(Reyes–Puno, p.53).
a. inclusion or engraftment
b. soldadura or soldering
• Once the river bed has been i. ferruminacion – if both the accessory
abandoned, the owners of the invaded and principal objects are of the same
land become owners of the abandoned metal
bed to the extent as provided by Art. 462.
ii. plumbatura – if the accessory and
No positive act is needed on their part, as
principal objects are of different
it is subject thereto ipso jure from the
materials
moment the mode of acquisition becomes
evident. c. escritura or writing
• It does not apply to cases where d. pintura or painting
the river simply dries up because there are e. tejido or weaving
no persons whose lands are occupied by
the waters of the river. Tests to determine principal in adjunction:
a. the “rule of importance and
4. Formation of Islands (Arts. 463–465) purpose” (Art. 467)
b. that of greater value – if they are
Rules on Ownership: of unequal values
a. If formed by the sea: c. that of greater volume – if they are
i. within territorial waters – State of equal values
ii. outside territorial waters – to the first d. that of greater merits – take into
occupant consideration all pertinent provisions
b. If formed in lakes, or navigable or applicable as well as the comparative
floatable rivers – State merits, utility and volume
c. If formed on non–navigable or
non–floatable rivers: Rules on Who is Entitled:
51
a. Adjunction in good faith by either i. to acquire the work, indemnifying for

owner: the labor, or
General rule: Accessory follows the ii. to demand indemnity for the material
principal b. Owner of the principal (worker) in
Exceptions: If the accessory is much more bad faith, the owner of the material has the
precious than the principal, the owner of option:
the accessory may demand the separation i. to acquire the result without indemnity
even if the principal suffers some injury ii. to demand indemnity for the material
plus damages
b. Adjunction in bad faith by the c. Owner of the material in bad faith
owner of the principal i. he loses the material
Options of the owner of the accessory: ii. he is liable for damages
i. to recover the value plus damages Indemnity of the material, how paid (Art 471):
ii. to demand separation plus damages a. The delivery of the same quality,
kind and quality; or
c. Adjunction in bad faith by the b. The payment of the value, as per
owner of the accessory expert appraisal.
i. he loses the accessory
ii. he is liable for damages • In determining the value,
sentimental value must be taken into
When separation of things allowed: account.
i. separation without injury
ii. accessory is more precious than the Adjunction, Mixture and Specification
principal Distinguished
iii. owner of the principal acted in bad ADJUNCTION MIXTURE SPECIFICATION
faith
Involves at Involves at May involve one
least 2 things least 2 thing (or more)
2. Mixture (Arts. 472-473): Union of materials
things but form is
where the components lose their identity
changed
Kinds: Accessory Co- Accessory
a. Commixtion – mixture of solids follows the ownership follows the
b. Confusion – mixture of liquids principal results principal
Things joined Things The new object
Rules: retain their mixed or retains or
a. By the will of both owners or by nature confused preserves the
accident: each owner acquires an interest may either nature of the
in proportion to the value of his material retain or original object.
b. By one owner in good faith: apply lose their
rule (a) respective
c. By one owner in bad faith: natures
i. he loses all his rights to his own
material
QUIETING OF TITLE (Arts. 476–481)
ii. he is liable for damages
Cloud on title
3. Specification (Art. 474): The transformation of A semblance of title, either legal or equitable, or a
another’s material by the application of labor. claim or a right in real property, appearing in some
The material becomes a thing of different kind. legal form but which is, in fact, invalid or which
Labor is the principal would be inequitable to enforce
Rules: Action to quiet title
a. Owner of the principal (worker) in An action to remove cloud or to quiet title is a
good faith: remedy or proceeding in equity, the purpose of
i. maker acquires the new thing which is the declaration of the invalidity of a claim
ii. he must indemnify the owner of the on a title or the invalidity of an interest in property
material adverse to that of the plaintiff, and thereafter to
Exception: if the material is more valuable free the plaintiff and those claiming under him form
than the resulting thing, the owner of the any hostile claim thereon.
material has the option:
Law
General rule: Only real property could be the 5. to instruments invalid on their face
subject matter of quieting of title. 6. where the validity of the instrument involves
pure questions of law
Exception: Certain personal properties like
vessels may be the object of quieting of title. Duty of plaintiff to restore benefits and
expenses (Art. 479):
Nature: 1. Restoration is required whenever the
Actions for quieting of title are neither suits in rem complainant is shown to be morally bound to
nor suits in personam. They are suits against a reimburse the defendant
particular person in respect to the res and the 2. Even if the debt is not enforceable by reason
judgment will apply only to the property in dispute. of the statue of limitations, payment may be
They are suits quasi in rem (Realty Sales required by the court
Enterprises, Inc. vs. Intermediate Appellate Court
GR No. L-67451, September 28, 1987). Reason: “He who seeks equity must do equity.”
Requisites: (LCD-R) RUINOUS BUILDINGS AND TREES IN DANGER

1. plaintiff must have a legal or equitable title to, OF FALLING (Arts. 482–483):
or interest in the real property which is the
subject matter of the action; As to buildings:
2. there must be a cloud in such title; • The complainant must show that his property
3. such cloud must be due to some instrument, is adjacent to the dangerous construction, or
record, claim, encumbrance or proceeding must have to pass by necessity in the
which is APPARENTLY VALID but is in truth immediate vicinity.
invalid, ineffective, voidable or unenforceable, • Lack of knowledge of the falling condition of
and is prejudicial to the plaintiff’s title; and the structure will not excuse the owner from
4. plaintiff must return to the defendant all liability.
benefits he may have received from the latter, • If the damage is caused by defects in the
or reimburse him for expenses that may have construction, then the builder is responsible for
redounded to his benefit. the damages.
Classes: As to trees:
1. Remedial (Action to quiet title) - the action may • The fall of the tree, occasioned by the inaction
be brought to remove a cloud or quiet title to or negligence of the owner, someone has
real property or an interest therein (Art. 476 been hurt, the owner of the tree is liable for
par. 1) damages under the law on quasi-delict (Art.
2. Preventive (Action quia timet) - to prevent a 2191, par. 3).
future cloud (doubt) from being cast upon the
title to real property or an interest therein (Art. CO- OWNERSHIP
476 par. 2).
That form of ownership which exists whenever an
Prescriptive Period: undivided thing or right belongs to different
1. plaintiff in possession – imprescriptible persons.
2. plaintiff not in possession – 10 (ordinary) or 30 • By the nature of co–ownership, a co–owner
years (extraordinary) cannot point to any specific portion of the
property owned in common as his own
The action to quiet title does NOT apply: because his share in it remains intangible and
1. to questions involving interpretation of ideal (Avila et al. vs. Sps. Barabat GR No.
documents 141993, May 17, 2006).
2. to mere written or oral assertions of claims, • The possession of a co–owner is like that of a
EXCEPT: trustee and shall not be regarded as adverse
a. if made in a legal proceeding to the other co–owner but in fact beneficial to
b. if it is being asserted that the all of them (Salvador vs. CA, G.R. No.
instrument or entry in plaintiff’s favor is not 109910, April 5, 1995)
what it purports to be
3. to boundary disputes REQUISITES:
4. to deeds by strangers to the title UNLESS 1. Plurality of owners
purporting to convey the property of the 2. The object of ownership must be a thing or
plaintiff right which is undivided
53
3. Each co–owner’s right must be limited only to property is the object property is contributed
his ideal share of the physical whole of the co–ownership
CHARACTERISTICS: (PSNCLG) An agreement to keep There may be
1. Plurality of subjects/owners the thing undivided for agreement as to a
2. there is a single object which is not materially a period of more than definite term without
divided 10 years is void. limit set by law.
3. there is no mutual representation by the co–
owners RULES:
4. it exists for the common enjoyment of the co– I. Rights of each co–owner as to the thing
owners owned in common: (USBRAP–LDP)
5. it has no distinct legal personality 1. To use the thing owned in common
6. it is governed first of all by the contract of the Limitations:
parties; otherwise, by special legal provisions, a. use according to the purpose for
and in default of such provisions, by the which it was intended
provisions of Title III on co–ownership b. interest of the co–ownership must not
be prejudiced
SOURCES: (C2LOST) c. other co–owners must not be
prevented from using it according to
1. Contract
their own rights
2. Chance
2. To share in the benefits and charges in
3. Law proportion to the interest of each.
4. Occupation • Any stipulation to the contrary is void.
5. Succession 3. To the benefits of prescription: prescription
6. Testamentary disposition or donation inter by one co–owner benefits all.
vivos 4. Repairs and taxes: to compel the others to
share in the expenses of preservation
CO–OWNERSHIP AND PARTNERSHIP even if incurred without prior notice.
DISTINGUISHED • The co–owner being compelled may
exempt himself from the payment of
CO–OWNERSHIP PARTNERSHIP taxes and expenses by renouncing his
Can be created Can be created only share equivalent to such taxes and
without the formalities by contract, express expenses. The value of the property
of a contract or implied at the time of the renunciation will be
Has no juridical or Has juridical the basis of the portion to be
legal personality personality distinct renounced.
from the partners 5. Alterations: to oppose alterations made
Purpose is collective Purpose is to obtain
without the consent of all, even if
enjoyment of the thing profits
beneficial.
Co–owner can A partner, unless
Alteration is an act by virtue of which a
dispose of his shares authorized, cannot
co–owner changes the thing from the state
without the consent of dispose of his share
in which the others believe it should
the others with the and substitute another
remain, or withdraws it from the use to
transferee as a partner in his
which they desire it to be intended.
automatically place.
becoming a co–owner.
6. To protest against seriously prejudicial
decisions of the majority
There is no mutual A partner can
representation. generally bind the 7. Legal redemption: to be exercised within
partnership. 30 days from written notice of sale of an
Distribution of profits Distribution of profits undivided share of another co–owner to a
must be proportional is subject to the stranger
to the respective stipulation of the 8. To defend the co–ownership’s interest in
interests of the co– parties court
owners 9. To demand partition at any time
A co–ownership is not Death or incapacity Partition is the division between 2 or
dissolved by the death dissolves the more persons of real or personal property
or incapacity of a co– partnership which they own in common so that each
owner. may enjoy and possess his sole estate to
No public instrument May be made in any the exclusion of and without interference
needed even if real form except when real from others. The purpose of partition is to
separate, divide and assign a thing held in
Law
common among those to whom it belongs. • Even if a co-owner sells the whole
(Avila vs. Sps. Barabat GR No. 141993, property as his, the sale will affect only
March 17, 2006). his own share but not those of the
other co-owners who did not consent
General rule: Partition is demandable by to the sale. This is because the sale or
any of the co–owners as a matter of right other disposition affects only his share
at any time. and the transferee gets only what
would correspond to his grantor in the
Exceptions: (SCLUPA) partition of the thing owned in
a. When there is a stipulation common. Since a co-owner is entitled
against it; but not to exceed 10 years. to sell his undivided share, a sale of
b. When the condition of indivision is the entire property by one co-owner
imposed by the donor or testator; but without the consent of the other co-
not to exceed 20 years. owners is not null and void. Only the
c. When the legal nature of the rights of the co-owner-seller are
community prevents partition. transferred, thereby making the buyer
d. When partition would render the a co-owner of the property (Bailon-
thing unserviceable. Casilao vs. CA, GR No. L-78178, April
e. When partition is prohibited by law 15, 1988).
f. When another co–owner has
possessed the property as exclusive • A co-owner cannot acquire by prescription the
owner for a period sufficient to acquire share of the co-owners, absent any clear
it by prescription. repudiation of the co-ownership. In order that
the title may prescribe in favor of a co-owner,
II. The following questions are governed by the following requisites must concur: (1) the
the majority of interests: co-owner has performed unequivocal acts of
1. Management repudiation amounting to an ouster of the other
Acts of Management (Castan) co-owners; (2) such positive acts of
a. Those that do not involve an repudiation have been made known to the
alteration other co-owners; and (3) the evidence thereof
b. Are renewable from time to time is clear and convincing (Robles vs. CA, GR
c. Do not bind the community for a No. 123509, March 14, 2000).
long time in the future • The act of executing the affidavit of self–
d. Do not give rise to a real right over adjudication did not constitute sufficient act of
the thing owned in common (Reyes-Puno. repudiation. In fact, there was bad faith of the
p.73). co–heir in feigning sole ownership of the
e. Expenses to improve or embellish property to the exclusion of the other co–heirs.
are decided by the majority (Galvez vs. CA, GR No. 157954, March 24,
2006).
• Minority may appeal to the court • The Torrens title does not furnish a shield for
against the majority’s decision if the same fraud. Thus, where one registered the property
is seriously prejudicial. in question in his name in fraud of his co–
2. Enjoyment heirs, prescription can only be deemed to have
3. Improvement or embellishment commenced from the time the latter discovers
the fraudulent act (Adille vs. CA, GR No. L-
III. Rights as to the ideal share of each co– 46484 January 29, 1988).
owner: • Under the law, anyone of the co–owners may
1. Each has full ownership of his part and of bring an action in ejectment (Art. 487). This
his share of the fruits and benefits can be done without joining all other co–
2. Right to substitute another person in its owners because the suit is presumed to have
enjoyment, EXCEPT when personal rights been filed for the benefit of his co–owners. But
are involved if the suit is for the benefit of the plaintiff alone
3. Right to alienate, dispose or encumber who claims to be the sole owner and entitled to
4. Right to renounce part of his interest to the possession of the litigated property the
reimburse necessary expenses incurred action should be dismissed and it will not
by another co–owner prosper especially so that there is evidence of
5. Transactions entered into by each co– co–ownership of the property, and there is no
owner only affect his ideal share. showing that they waived their rights (Baloloy
55
vs. Hular GR No. 159723. September 9, the common areas are opposed to restoration,
2004). remodeling or modernizing;
4. When the project or a material part thereof has
EXTINGUISHMENT OF CO–OWNERSHIP been condemned or expropriated and the
(CALSTEP) project is no longer viable, or that the
1. consolidation or merger in one co–owner condominium owners holding in aggregate
2. acquisitive prescription in favor of a third more than 70% interest in the common areas
person or a co–owner who repudiates the co– are opposed to the continuation of the
ownership condominium regime;
3. loss or destruction of property co–owned 5. When conditions for partition by sale set forth
in the declaration of restrictions duly registered
4. sale of property co–owned
have been met.
5. termination of period agreed upon by the co–
owners
6. expropriation SOME SPECIAL PROPERTIES
7. judicial or extra–judicial partition WATERS (Arts. 502-518)
CONDOMINIUM ACT (RA 4726) Laws Governing Waters:

1. Civil Code of the Philippines
Condominium - an interest in real property 2. Special Law of Waters of August 3, 1866
consisting of a separate interest in a unit in a 3. The Irrigation Acts, Act 2152 and its
residential, industrial or commercial building and amendments
an undivided interest in common, directly or 4. Water Power Act No. 4062
indirectly, in the land on which it is located and in 5. Art. XIII of the Philippine Constitution
other common areas of the building.
• Any transfer or conveyance of a unit or an Classification
apartment, office or store or other space 1. Waters public per se (water is the principal);
therein, shall include transfer or conveyance of the bed follows the character of the water
the undivided interest in the common areas or, 2. Waters public or private according to their bed
in a proper case, the membership or (water is accessory to bed)
shareholdings in the condominium corporation: 3. Waters public by special provision
Provided, however, that where the common
areas in the condominium project are held by
the owners of separate units as co–owners MINERALS (Art. 519)
thereof, no condominium unit therein shall be
conveyed or transferred to persons other than Laws Governing Minerals:
Filipino citizens or corporations at least 60% of 1. Before 1902: R.D. sobre Mineria 1867
the capital stock of which belong to Filipino 2. Between 1902-1906: The Philippine Bill of
citizens, except in cases of hereditary 1902 and Legislative Acts
succession. 3. After the Advent of the Commonwealth: Art.
XIII of the Philippine Constitution and CA No.
General rule: Common areas shall remain 137
undivided, and there shall be no judicial partition 4. Present: Mineral Resources Development
thereof Decree of 1974 (P.D. 463) and the Civil Code
of the Philippines
Exceptions:
1. When the project has not been rebuilt or Minerals – all inorganic substances found in
repaired substantially to its state prior to its nature, whether in solid, liquid, gaseous, or any
damage or destruction 3 years after damage intermediate state, with the exception of soil which
or destruction which rendered a material part supports the organic life, and of ordinary earth,
thereof unfit for use; gravel, sand, and stone which are used for building
2. When damage or destruction has rendered ½ or construction purposes
or more of the units untenantable and that the
condominium owners holding more than 30% TRADEMARK AND TRADE NAMES (Arts. 520-
interest in the common areas are opposed to 523)
restoration of the projects;
3. When the project has been in existence for Laws Governing Trademarks and Trade names:
more than 50 years, that it is obsolete and 1. Intellectual Property Code (RA 8293)
uneconomic, and the condominium owners 2. Civil Code of the Philippines
holding in aggregate more than 50% interest in
Law
3. In the concept of owner – possessor of thing

POSSESSION or right, by his actions, is considered or
believed by others as the owner, regardless of
CONCEPT: good or bad faith of the possessor
1. As an act – the holding of a thing or the • Possessor in the concept of an
enjoyment of a right with the intention to owner is presumed with just title. (Art.
possess in one’s own right 541)
2. As a fact – when there is holding or enjoyment 4. In the concept of holder – possessor holds it
3. As a right – the right of a person to holding or merely to keep or enjoy it, the ownership
enjoyment to the exclusion of all others having pertaining to another person; possessor
better right than the possessor acknowledges in another a superior right
a. jus possidendi - right to possession which which he believes to be ownership; cannot
is incidental to or included in the right of acquire ownership by prescription
ownership • None of these holders may assert
b. jus possessionis – right of possession a claim of ownership for himself over the
independent from the right of ownership thing but they may be considered as
possessors in the concept of owner, or
REQUISITES: under claim of ownership, with respect to
1. occupancy, apprehension, or taking of a thing the right they respectively exercise over
or right (possession in fact); the thing.
2. deliberate intention to possess (animus 5. In good faith – possessor is not aware that
possidendi) there is in his title or mode of acquisition a
• An insane or demented person defect that invalidates it
CANNOT acquire possession as they are Requisites:
incapable of understanding the import of a. Ostensible title or mode of acquisition
their actions. b. Vice or defect in the title
c. Possessor is ignorant of the vice or defect
3. by virtue of ones own right – in his own name and must have an honest belief that the
or in that of another. thing belongs to him
DEGREES: • Gross and inexcusable ignorance

1. possession without any title whatsoever - of the law may not be the basis of good
mere holding without any right at all (ex. thief faith, but possible excusable ignorance
or squatter) may be such basis (Kasilag vs. Roque GR
2. possession with juridical title - predicated No. 46623, December 7, 1939).
on juridical relation existing between the 6. In bad faith – possessor is aware of the
possessor and the owner (ex. lessee, invalidating defect in his own title.
usufructuary, depositary, agent, pledgee and • Only personal knowledge of the
trustee) flaw in one’s title or mode of acquisition
3. possession with just title – the possession of can make him a possessor in bad faith. It
an adverse claimant whose title is sufficient to is not transmissible even to an heir.
transfer ownership but is defective (ex. when • Possession in good faith ceases
the seller is not the true owner or could not from the moment defects in his title are
transmit his rights thereto to a possessor who made known to the possessor
acted in GF)
4. possession with a title in fee simple - EXTENT OF POSSESSION:
derived from the right of dominion or 1. Actual possession – occupancy in fact of the
possession of an owner; the highest degree of whole or at least substantially the whole
possession property
2. Constructive possession – occupancy of
part, in the name of the whole, under such
circumstances that the law extends the
CLASSES: occupancy to the possession of the whole
1. In one’s own name – where possessor claims Doctrine of constructive possession –
the thing for himself possession in the eyes of the law does not
2. In the name of another – for whom the thing mean that a man has to have his feet on every
is held by the possessor square meter of ground before it can be said
57
that he is in possession (Ramos vs. Director of CONFLICTS BETWEEN SEVERAL CLAIMANTS:

Lands GR No. 13298, November 19, 1918). General rule: Possession cannot be recognized in
two different personalities
PRESUMPTIONS IN FAVOR OF POSSESSOR:
1. of good faith (Art. 527) Exception: In case of co–possession when there
2. of continuity of initial good faith (Art. 528) is no conflict
3. of enjoyment in the same character in which
possession was acquired until the contrary is Criteria in Case of Dispute:
proved (Art. 529) 1. present/actual possessor shall be preferred
4. of non–interruption in favor of the present 2. if there are two possessors, the one longer in
possessor (Art. 554) possession
3. if the dates of possession are the same, the
5. of continuous possession by the one who
one with a title
recovers possession of which he was
4. if all the above are equal, the fact of
wrongfully deprived (Art. 561)
possession shall be judicially determined, and
6. of extension of possession of real property to in the meantime, the thing shall be placed in
all movables contained therein (Art. 542) judicial deposit
OBJECT OF POSSESSION: • Possession cannot be acquired through
General rule: All things and rights susceptible of force or violence. To all intents and
being appropriated (Art. 530) purposes, a possessor, even if physically
ousted, is still deemed the legal possessor
Exceptions: (Caqueña vs. Bolante GR No. 137944,
1. Res communes April 6, 2000).
2. Property of public dominion • A person who believes himself entitled to
3. Discontinuous servitudes the possession of property may not take
4. Non–apparent servitudes the law into his hands (Bishop of Cebu vs.
ACQUISITION OF POSSESSION (Arts. 531-538) Mangaron, G.R. No. 1748, June 1, 1906)
or else he will be made to suffer the
Manner of acquiring possession: consequences of his lawlessness
1. Material occupation of the thing or exercise of (Santiago vs. Cruz GR No. L-31919,
a right March 24, 1930).
2. Subjection to our will
3. Proper acts and legal formalities established EFFECTS OF POSSESSION (Arts. 539-561)
for acquiring such right POSSESSOR IN POSSESSOR IN BAD
GOOD FAITH FAITH
Special Cases of Acquisition of Possession: Fruits gathered
1. Acquisition through another person. to possessor to owner
Where possession is acquired, not by an agent Cultivation Expenses of gathered fruits
or representative but by a stranger without not reimbursed to reimbursed to
agency, possession is not acquired until the possessor possessor
act is ratified (Art. 532). Fruits pending and charges
prorated according to to owner
2. Acquisition by Succession Mortis Causa time
Production expenses of pending fruits
a. Time of Acquisition. If the inheritance is
indemnity pro-rata to no indemnity
accepted, the estate is transmitted without
possessor (owner’s
interruption from the death of the
option)
predecessor. But the heir who repudiates
in money, or
is deemed never to have acquired
by allowing full
possession (Art. 533).
cultivation and
b. Effect of Bad Faith of the decedent. One gathering of all fruits
who succeeds by hereditary title shall not Necessary expenses
suffer the consequences of the wrongful reimbursed to reimbursed to
possession of the decedent unless it is possessor; retention possessor; no retention
shown that he had knowledge of the Useful expenses
defects affecting it; but the effects of reimbursed to no reimburse-ment
possession in good faith shall not benefit possessor (owner’s
him except from the death of the decedent option)
(Art. 534). initial cost
Law
plus value e. By reason of the object

may remove if no i. destruction or total loss of the things
reimbursement, and no ii. withdrawal from commerce
damage is caused to
the principal by the Acts NOT Constituting Loss of Possession
removal (Arts. 537–538)
Ornamental expenses 1. Acts executed by stealth and without
reimbursement at owner’s option: knowledge of the possessor
owner’s option: removal, or 2. Acts merely tolerated either by the possessor
removal if no injury, or value at time of or by his representative or holder in his name
cost without removal recovery unless authorized or ratified
Taxes and charges (i. on capital, ii. on fruits and iii. 3. Violence
charges) 4. Temporary ignorance of the whereabouts of
taxes and charges taxes and charges movable property
i. charged to owner i. charged to owner
ii. charged to ii. charged to owner • The possessor who recovers possession
possessor iii. to owner is considered as having had uninterrupted
iii. prorated possession despite these acts of violence,
Improvements no longer existing stealth and tolerance; but he must recover
no reimbursement no reimburse-ment possession by due process, and not otherwise
Liability for accidental loss or deterioration (Arts. 561, 536, 539)
only if acting with liable in every case
fraudulent intent or POSSESSION OF MOVABLES (Art. 559):
negligence, after
summons Theory of Irrevindicability - Possession in good
Improvements due to time or nature faith of a movable is presumed ownership. It is
to owner or lawful to owner or lawful equivalent to title. No further proof is necessary
possessor possessor (Aznar vs. Yapdiangco, G.R. No. L-18536, March
31, 1965). The rule isnecessary for purposes of
Necessary expenses – made for the preservation facilitating transactions on movable property which
of the thing are usually done without special formalities (Sotto
vs. Enage, 43 O.G. 5075 [1947]).
Useful expenses – add value to property or
increase the object’s productivity Requisites:
1. possession is in good faith
Ornamental/luxury expenses – add value to the 2. the owner has voluntarily parted with the
thing only for certain persons in view of their possession of the thing
particular whims; neither essential for preservation 3. possessor is in the concept of owner
nor useful to everybody in general
Exceptions to the Theory of Irrevindicability:
LOSS OF POSSESSION (Art. 555) 1. where the owner or possessor lost a movable
2. where the owner or possessor has been
General Causes: unlawfully deprived of a movable
1. By the will of the possessor
a. Abandonment General rule: One who has lost or has been
b. Transfer or conveyance unlawfully deprived of a movable may recover it
2. Against the will of the possessor from whoever possesses it without reimbursement.
a. Eminent domain The owner of the thing must prove: (1) ownership
b. Acquisitive prescription of the thing, and (2) loss or unlawful deprivation; or
c. Judicial decree in favor of one who has a bad faith of the possessor.
better right
d. Possession of another for more than one Exceptions:
year 1. Where the owner acts negligently or voluntarily
• This refers to possession de facto parts with the thing owned, he cannot recover
where the possessor loses the right to it from the possessor.
a summary action; but he may still 2. If the possessor of the movable acquired it in
bring action publiciana or good faith at a public sale, the owner cannot
reivindicatoria.
59
obtain its return without reimbursing the price

paid therefor. RULES GOVERNING USUFRUCT:
Governed primarily by the title creating it, or in the
Public sale – one where there has been a public absence thereof, by Articles 566-612 of the Civil
notice of the sale in which anyone is allowed to bid Code.
for the object he desires to buy.
NORMAL USUFRUCT AND ABNORMAL
USUFRUCT DISTINGUISHED
POSSESSION OF ANIMALS (Art. 560): ABNORMAL
NORMAL USUFRUCT
USUFRUCT
Wild Animals – living in a state of nature
that which involves non- that which involves
independently of and without the aid and care of
consumable things things which would be
man; considered possessed only while they are
which the usufructuary useless to the
under man’s control
can enjoy without usufructuary unless
altering their form or they are consumed or
Domesticated/ Tamed Animals - wild or savage
substance, though they expended, such as
by nature but have been subdued and became
may deteriorate or money, grain, liquors,
accustomed to live in a tamed condition;
diminish by time or use etc.
considered possessed if they habitually return to
the premises of their possessor
GENERAL RULE: Usufructuary is bound to
Domestic/ Tame animals – live, born and reared preserve the form and substance of the thing in
under the control and care of man usufruct.
EXCEPTION: Abnormal usufruct whereby the law

USUFRUCT or the will of the parties may allow the modification
Gives the right to enjoy the property of another of the substance of the thing.
with the obligation of preserving its form and
substance, unless the title constituting it or the law USUFRUCT AND LEASE DISTINGUISHED
otherwise provides. USUFRUCT LEASE
Always a real right Generally a personal
CHARACTERISTICS: right
1. real right
2. of temporary duration Person creating the Lessor may not be the
3. to derive all advantages from the thing due to usufruct should be the owner
normal exploitation owner or his duly
4. may be constituted on real or personal authorized agent
property, consumable or non–consumable, May be created by law, Generally created by
tangible or intangible, the ownership of which by contract, by will of the contract
is vested in another testator, or by
5. transmissible prescription
As a rule, usufruct Lease generally refers
KINDS OF USUFRUCTUARY ACCORDING TO covers all the fruits and to uses only
ORIGIN: all the uses and benefits
1. Legal – created by law such as usufruct of the of the entire property.
parents over the property of their
Involves a more or less Lease involves a more
unemancipated children
passive owner who active owner or lessor
2. Voluntary – created by will of the parties allows the usufructuary who makes the lessee
either by act inter vivos such as donation or by
to enjoy the object given to enjoy
act mortis causa such as in a last will and
in usufruct
testament
3. Mixed – acquired by prescription such as Pays for ordinary repairs Lessee is not generally
when believing himself to be the owner of the and taxes on the fruits under obligation to
property of an absentee, gave in his will the undertake repairs or
usufruct of the property for the requisite pay taxes
prescriptive period to his wife, who possessed
it in good faith as usufructuary, and naked SPECIAL USUFRUCTS:
ownership to his brother 1. of pension or income (Art. 570)
2. of property owned in common (Art. 582)
Law
3. of cattle (livestock) (Art. 591) • Under the Massachusetts Rule, a stock

4. on vineyards and woodlands (Art. 575–576) dividend is considered part of the capital and
5. on a right of action (Art. 578) belongs to the remainderman; while under the
6. on mortgaged property (Art. 600) Pennsylvania Rule, all earnings of a
7. over the entire patrimony (Art. 598) corporation, when declared as dividends in
8. over things which gradually deteriorate (Art. whatever form, made during the lifetime of the
573) usufructuary, belong to the latter. The
Pennsylvania Rule is more in accord with our
9. of consumable property (Art. 574)
laws than the Massachusetts Rule (Bachrach
vs. Seifert and Elianoff, GR No. L-2659,
RIGHTS OF THE USUFRUCTUARY
October 12, 1950).
1. As to the thing and its fruits
a. To receive and benefit from the fruits • Corollary to the right to all the rents, to choose
b. To enjoy any increase through accessions the tenant, and to fix the amount of the rents, a
and servitudes usufructuary of the rents has the right to
c. To the half of the hidden treasure he choose himself as the tenant, provided that the
accidentally finds obligations he has assumed towards the
d. To lease the thing, generally, for the same owner of the property are fulfilled (Fabie vs.
or shorter period as the usufruct. Gutierrez David, GR No. L-123, December 12,
e. To improve the thing without altering its 1945).
form and substance
f. Right to set–off the improvements he may OBLIGATIONS OF THE USUFRUCTUARY
have made on the property against any 1. Before exercising the usufruct:
damage to the same a. To make an inventory of the property
g. To retain the thing until he is reimbursed b. To give a bond, EXCEPT
for advances for extraordinary expenses i. when no prejudice would result
and taxes on the capital ii. when the usufruct is reserved by the donor or
h. To collect reimbursements from the owner parents
for indispensable extraordinary repairs, iii. in cases of caucion juratoria where the
taxes on the capital he advanced, and usufructuary, being unable to file the required bond
damages caused to him. or security, files a verified petition in the proper
i. To remove improvements made by him if court asking for the delivery of the house and
the same will not injure the property furniture necessary for himself and his family
without any bond or security.
2. As to the usufruct itself 1) takes an oath to take care
a. To mortgage the right of usufruct except of the things and restore them
parental usufruct 2) property cannot be
b. To alienate the usufruct alienated or leased because this
would mean that the usufructuary
3. At the expiration of the usufruct: does not need it
a. to collect reimbursement from the owner:
i. for indispensable extraordinary repairs made by Effects of failure to post bond:
the usufructuary a. owner shall have the following options:
ii. for taxes on the capital advanced by the i. receivership of realty, sale of movables, deposit of
usufructuary securities, or investment of money; OR
iii. for damages caused by the usufructuary ii. retention of the property as administrator
b. to retain the thing until reimbursement is b. the net product shall be delivered to the
made usufructuary
c. to remove improvements made by him, but c. usufructuary cannot collect credits due or
without injuring the property make investments of the capital without
the consent of the owner or of the court
• In a usufruct, only the jus utendi and jus until the bond is given
fruendi over the property are transferred to the
usufructuary. The owner of the property 2. During the usufruct:
maintains the jus disponendi or the power to a. To take care of the property
alienate, encumber, transform, and even b. To replace with the young thereof animals
destroy the same (Hemedes vs. CA, GR No. that die or are lost in certain cases when
107132, October 8, 1999). the usufruct is constituted on flock or herd
of livestock
61
c. To make ordinary repairs 5. Expiration of the period or fulfillment of the

d. To notify the owner of urgent extra– resolutory condition
ordinary repairs 6. Renunciation of the usufructuary
e. To permit works and improvements by the 7. Merger of the usufruct and ownership in the
naked owner not prejudicial to the usufruct same person
f. To pay annual taxes and charges on the
fruits
g. To pay interest on taxes on capital paid by EASEMENT OR SERVITUDE
the naked owner Encumbrance imposed upon an immovable for the
h. To pay debts when the usufruct is benefit of a community or one or more persons or
constituted on the whole patrimony for the benefit of another immovable belonging to a
i. To secure the naked owner’s or court’s different owner.
approval to collect credits in certain cases
j. To notify the owner of any prejudicial act EASEMENT AND SERVITUDE DISTINGUISHED
committed by third persons
EASEMENT SERVITUDE
k. To pay for court expenses and costs
regarding usufruct Origin
English law Roman law
3. At the termination of the usufruct: Recipient of Benefit
a. To return the thing in usufruct to the owner
unless there is a right of retention always real may be real or
b. To pay legal interest on the amount spent personal (broader)
by the owner for extraordinary repairs or
taxes on the capital CHARACTERISTICS:
c. To indemnify the owner for any losses due 1. It is a real right but will affect third persons only
to his negligence or of his transferees when duly registered.
2. It is enjoyed over another immovable, never on
RIGHTS OF THE OWNER DURING THE one’s own property
USUFRUCT: 3. It involves two neighboring estates (in case of
1. He retains title real easements).
2. He may alienate the property, but he may not: 4. It is inseparable from the estate to which it is
a. alter the form or substance of the attached, and, therefore, cannot be alienated
thing independently of the estate.
b. do anything prejudicial to the 5. It is indivisible for it is not affected by the
usufructuary division of the estate between two or more
3. He may construct buildings, make persons.
improvements and plantings, provided: 6. It is a right limited by the needs of the
a. the value of the usufruct is not dominant owner or estate, without possession.
impaired 7. It cannot consist in the doing of an act unless
b. the rights of the usufructuary are the act is accessory in relation to a real
not prejudiced easement.
OBLIGATIONS OF THE OWNER AT THE 8. It is a limitation on the servient owner’s rights
EXPIRATION OF THE USUFRUCT: of ownership for the benefit of the dominant
1. to make reimbursement for advances of the owner; and, therefore, it is not presumed.
usufructuary
2. to cancel the bond, upon discharge of the CLASSIFICATION:
usufructuary’s obligations 1. As to recipient of benefit:
3. to respect leases of rural lands by the a. Real/Predial – when the easement is in
usufructuary for the balance of the agricultural favor of another immovable
year b. Personal – when it is in favor of a
community or of one or more persons
EXTINGUISHMENT OF USUFRUCT (PT2DERM) i. Public – if it is vested in the public at large or in
1. Prescription some class of indeterminate individuals
2. Termination of right of the person constituting ii. Private – if it is vested in a determinate individual
the usufruct or certain persons
3. Total loss of the thing 2. As to its source:
4. Death of the usufructuary, unless contrary a. Voluntary – when the easement is
intention appears established by the will or agreement of the
parties or by a testator
Law
b. Legal – when it is imposed by law either owner usufructuary

for public use or in the interest of private
persons MODES OF ACQUISITION: (PDFAT)
c. Mixed – when it is created partly by will or 1. by prescription of 10 years (continuous and
agreement and partly by law apparent easements)
3. As to its exercise: a. Positive servitude - counted from
a. Continuous Easements – those the use the day their exercise commences.
of which is, or may be, incessant without b. Negative servitude - counted
the intervention of any act of man from the formal prohibition to the servient
b. Discontinuous Easements – those owner to do any act opposed to the
which are used at intervals and depend servitude (Art. 621). There must be a
upon the acts of man notarized document.
4. As to the indication of their existence: 2. by deed of recognition
a. Apparent Easements – those which are 3. by final judgment
made known and are continually kept in 4. by apparent sign established by the owner of
view by external signs that reveal the use two adjoining estates, unless:
and enjoyment of the same a. there are contrary stipulations or
b. Non–apparent Easements – those which b. the sign is effaced
show no external indication of their 5. by title
existence
5. As to duty of servient owner DOMINANT OWNER
a. Positive – the servient owner must allow
something to be done in his property or do Rights:
it himself; also called “servitudes of 1. To exercise all the rights necessary for the use
intrusion and or/service” of the easement
b. Negative – the servient owner must 2. To make on the servient estate all the works
refrain from doing something which he necessary for the use and preservation of the
could lawfully do if the easement did not servitude
exist 3. To renounce the easement if he desires to
exempt himself from contribution to necessary
EASEMENT AND LEASE DISTINGUISHED expenses
EASEMENT LEASE 4. To ask for mandatory injunction to prevent
Real right, whether Real right only when it impairment of his use of the easement
registered or not is registered, or when
its subject matter is real Obligations:
property and the 1. Cannot render the easement or render it more
duration exceeds one burdensome
year 2. Notify the servient owner of works necessary
Imposed only on real May involve either real for the use and preservation of the servitude
property or personal property 3. Choose the most convenient time and manner
There is a limited right Limited right to both the in making the necessary works as to cause the
to the use of real possession and use of least inconvenience to the servient owner
property of another but another’s property 4. Contribute to the necessary expenses if there
without the right of are several dominant estates
possession
SERVIENT OWNER
EASEMENT AND USUFRUCT DISTINGUISHED
EASEMENT USUFRUCT Rights:
Imposed only on real May involve either real 1. To retain ownership and possession of the
property or personal property servient estate
Limited to particular or Includes all the uses 2. To make use of the easement, unless there is
specific use of the and the fruits of the agreement to the contrary
servient estate property 3. To change the place or manner of the
A non–possessory right Involves a right of easement, provided it be equally convenient
over an immovable possession in an
immovable or movable Obligations:
Not extinguished by the Extinguished by the 1. Cannot impair the use of the easement
death of the dominant death of the
63
2. Contribute to the necessary expenses in case II. Easement On Riparian Property (Art. 638)
he uses the easement, unless there is an
agreement to the contrary III. Easement On Dam Or Weir (Art. 639)
EXTINGUISHMENT OF EASEMENTS (REMAIN IV. Easement For Watering Cattle (Art. 640):
BREW) This is a combined easement for drawing of
1. Redemption agreed upon water and right of way
2. Expiration of the term or fulfillment of the
resolutory condition Requisites:
3. Merger of ownership of the dominant and a. must be imposed for reasons of public use
servient estate b. must be in favor of a town or village
4. Annulment of the title to the servitude c. indemnity must be paid
5. Permanent impossibility to use the easement
6. Non–user for 10 years V. Easement of Aqueduct (Arts. 643–646)
a. discontinuous: counted from the
day they ceased to be used • From a forced easement, by virtue
b. continuous: counted from the day of which the owner of an estate who
an act adverse to the exercise takes place desires to avail himself of water for the use
7. Bad condition – when either or both estates of said estate may make such waters pass
fall into such a condition that the easement through the intermediate estate with the
could not be used obligation of indemnifying the owner of the
8. Resolution of the right to create the servitude, same and also the owner of the estate to
(i.e. in case of pacto de retro, when the which the water may filter or flow
property is redeemed)
9. Expropriation of the servient estate Requisites:
1. dominant owner must prove that he has
10. Waiver by the dominant owner
the capacity to dispose of the water
2. that the water is sufficient for the intended
LEGAL EASEMENTS
use
Kinds of Legal Easements:
3. that the course is most convenient, and
least onerous to the 3rd person
1. Public legal easements – those for public or
4. payment of indemnity
communal use, governed primarily by special
laws and by the Civil Code
VI. Easement For The Construction of A Stop
2. Private legal easements – those for the
Lock or Sluice Gate (Art. 647)
interest of private persons or for private use;
governing law:
a. primarily by the agreement of the
VII. Easement of Right of Way (Arts. 649–657):
interested parties; The right granted to the owner of an estate
b. in the absence thereof, by the which is surrounded by other estates
provisions of general or local laws and belonging to other persons and without an
ordinances; and adequate outlet to a public highway to demand
c. in default of (a) and (b), by the that he be allowed a passageway throughout
Civil Code such neighboring estates after payment of
proper indemnity.
I. Easement Relating To Waters (Art. 637):
Requisites:
Lower estates must receive waters which are
1. Claimant must be the owner of the
naturally and without intervention of man
enclosed immovable or one with real right;
descend from higher estates including earth or
2. The dominant estate is
stones carried with them (Art. 637)
surrounded by other immovables and
there must be no adequate outlet to a
Limitations:
public highway;
1. Dominant owner must not
3. Right of way must be absolutely
increase the burden but he may erect
necessary;
works to avoid erosion.
4. Isolation must not be due to the
2. The servient owner must not claimant’s own act;
impede the descent of the water (but may 5. Easement must be established at
regulate it). the point least prejudicial to the servient
estate; and insofar as consistent with this
Law
rule, where the distance from the dominant segregated but they and separated
estate to the public highway may be the can be physically physically but before
shortest; and identified such division, a co–
6. Payment of proper indemnity. owner cannot point to
any definite portion of
• The burden of proving the the property as
existence of the pre-requisites to validly belonging to him
claim a compulsory right of way lies on the No limitation as to None of the co–owners
owner of the dominant estate (Costabella use of the party wall may use the
Corp. vs. CA, GR No. 80511, Jan. 25, for exclusive benefit community property for
1991). of a party his exclusive benefit
• Where the easement may be Owner may free Partial renunciation is
established on any of several tenements himself from allowed
surrounding the dominant estate, the one contributing to the
where the way is shortest and will cause cost of repairs and
the least damage should be used, even if construction of a
it will not be the shortest. The criterion of party wall by
least prejudice to the servient estate must renouncing all his
prevail over the criterion of shortest rights thereto
distance (Quimen vs. CA, GR No. 112331,
May 29, 1996). Presumptions of Existence (juris tantum):
1. in adjoining walls of buildings, up
• It is the needs of the dominant
to common elevation
property which ultimately determine the
width of the passage, and these needs
2. in dividing walls of gardens and
may vary from time to time (Encarnacion yards (urban)
vs. CA, GR No. 76322 March 11, 1991). 3. in dividing fences, walls and live
hedges of rural tenements
• The right of way for cattle should 4. in ditches or drains between
not be more than 10 meters wide unless a tenements
greater width was a vested right under
laws prior to the Civil Code of 1889 (Art. Rebuttal of Presumption:
657). 1. title
2. by contrary proof:
Special Cause of Extinction:
3. by signs contrary to the existence
1. the opening of a public road, or
of the servitude (Arts. 660 & 661)
2. joining the dominant tenement to
another with exit on a public road
• If the signs are contradictory, they
cancel each other
• The extinction is NOT automatic.
There must be a demand for extinction
Rights of Part Owners:
coupled with tender of indemnity by the
1. to make use of the wall in
servient owner.
proportion to their respective interests,
• Easement of right of way cannot resting buildings on it or inserting beams
be acquired by prescription because it is up to one–half of the wall’s thickness
discontinuous/intermittent (Ronquillo, et al. 2. to increase the height of the wall
vs. Roco GR No. L-10619, February 28, a. at his expense
1958). b. upon payment of proper indemnity
c. to acquire half interest in any increase
VIII. Easement of Party Wall (Arts. 658–666) of thickness or height, paying a
Party Wall - common wall which separates 2 proportionate share in the cost of the
estates built by common agreement at the work and of the land covered by the
dividing line such that it occupies a portion of increase
both estates on equal parts
Obligations of Each Part–Owner:
Party Wall and Co–ownership Distinguished 1. to contribute proportionately to the
PARTY WALL CO–OWNERSHIP repair and maintenance unless he
Shares of parties Shares of the co– renounces his part–ownership
cannot be physically owners can be divided
65
2. if one part owner raises the • Any stipulation permitting lesser

height of the wall, he must: distances is void (Art. 673).
a. bear the cost of maintenance of the
additions Modes of Acquisition
b. bear the increased expenses of 1. by title
preservation 2. by prescription
c. bear the cost of construction a. positive – counted from the time of
d. give additional land, if necessary, to the opening of the window, if it is
thicken the wall through a party wall
b. negative – counted from the
IX. Easement of Light and View (Arts. 667–673) formal prohibition on the servient
1. Easement of Light (jus luminum) – right owner.
to admit light from the neighboring estate
by virtue of the opening of a window or the • Mere non–observance of
making of certain openings. distances prescribed by Art. 670 without
formal prohibition, does not give rise to
Requisites: prescription.
a. opening must not be greater than
30 centimeters square, made on the X. Drainage of Buildings (Arts. 674–676)
ceiling or on the wall; and 1. Easement of drainage of buildings –
b. there must be an iron grating the right to divert or empty the rain waters
from one’s own roof or shed to the
2. Easement of view (jus prospectus) – the neighbor’s estate either drop by drop or
right to make openings or windows, to through conduits
enjoy the view through the estate of 2. Easement to receive falling rain waters
another and the power to prevent all – deals not with legal easement but with a
constructions or work which would voluntary easement to receive rain water
obstruct such view or make the same falling from the roof of an adjoining
difficult. It necessarily includes easement building
of light. 3. Easement giving outlet to rain water
where house surrounded by other
Restrictions on openings in one’s own wall houses
when contiguous (less than 2m) to another’s Requisites:
tenement: a. there must be no adequate outlet
1. it cannot exceed 30cm each side to the rain water because the yard or
2. openings must be at the height of court of a house is surrounded by
the joists, near the ceiling (Choco vs. other houses
Santamaria, GR No. 6076, December 29, b. the outlet to the water must be at
1911). the point where egress is easiest and
3. the abutting owner may: establishing a conduit for drainage
a. close the openings if the wall c. there must be payment of proper
becomes a party wall
indemnity
b. block the light by building or
erecting his own wall unless a
servitude is acquired by title or XI. Intermediate Distances And Works For
prescription Certain Constructions And Plantings (Arts.
c. ask for the reduction of the 677–681)
opening to the proper size 1. Constructions: wells, sewers, etc.
a. distance is fixed by ordinances or
Restrictions as to views: custom must be observed
1. Direct views: the distance of 2m b. protective structures prescribed by
between the wall and the boundary must ordinances or custom must be
be observed erected; if none, precautions must be
2. Oblique views: (walls taken to avoid damage to neighboring
perpendicular or at an angle to the estates
boundary line) must not be less than 60cm c. violation causes responsibility for
from the boundary line to the nearest edge damages caused
of the window 2. Plantings:
Law
a. distances as prescribed by ordinances 2. if created by prescription, by the form and

or customs must be observed. If none: manner of possession of the easement
i. for large trees: at least 2m from 3. in default of any of the above, by the
boundary provisions of the Civil Code on easements
ii. for shrubs: at least 50cm from the
center of the tree Voluntary easements are established in favor
b. intrusions; of:
1. predial servitudes:
i. of branches: the owner of the tree
a. for the owner of the dominant
may be compelled to cut intruding
estate
branches at the boundary
b. for any other person having any
ii. of roots: the owner of the invaded juridical relation with the dominant estate,
tenement may cut them himself at if the owner ratifies it
the boundary 2. personal servitudes: for anyone capacitated to
iii. fruits falling naturally belong to the accept
owner of the land
NUISANCE
XII. Easement Against Nuisance (Arts. 682-683)
Any act, omission, establishment, business or
XIII. Lateral and Subjacent Support (Arts. condition of property or anything else which:
684-687) (ISAHO)
1. Injures/endangers the health or safety of
Lateral support – when the supported and others;
supporting lands are divided by a vertical 2. Shocks, defies or disregards decency or
plane morality;
3. Annoys or offends the senses;
Subjacent support – when the supported 4. Hinders or impairs the use of property; or
land is above and the supporting land is
5. Obstructs or interferes with the free passage to
beneath
any public highway or street, or body of water.
• There exists a doubt as to CLASSES:
whether easements against nuisance and 1. Per se – nuisance at all times and under all
lateral and subjacent support may be circumstances regardless of location and
categorized as legal easements (Reyes- surrounding.
Puno. pp.188–189).
2. Per accidens – nuisance by reason of
• The duty of an adjacent owner circumstances, location, or surroundings.
making excavations upon his land not to 3. Public – affects the community or a
deprive any adjacent land of sufficient
considerable number of persons.
lateral or subjacent support is an absolute
4. Private – affects only a person or a small
one. It does not depend upon the degree
number of persons.
of care and precaution made by the
proprietor in making the excavation or 5. Mixed – nuisance may be both public and
building in his land (De Jesus, et al vs. private in character
Howmart Corp. et al, GR No. 44191-R,
August 28, 1974). DOCTRINE OF ATTRACTIVE NUISANCE
One who maintains on his premises dangerous
VOLUNTARY EASEMENTS (Arts. 688-693) instrumentalities of a character likely to attract
Constituted by the will of the parties or of a children in play and who fails to exercise ordinary
testator. care to prevent children from playing therewith or
resorting thereto is liable to a child of tender years
who is injured thereby, even if the child is
• The owner possessing capacity to encumber
technically a trespasser in the premises.
property may constitute voluntary servitude. If
there are various owners, ALL must consent;
but consent once given is not revocable. • A swimming pool or water tank is not an
attractive nuisance (Hidalgo Enterprises vs.
Rules governing voluntary easements: Balandan GR No. L-3422, June 13, 1952).
1. if created by title, such as contract or will, then
by such title
67
REMEDIES AGAINST PUBLIC NUISANCE:

(PCE)
1. Prosecution under the RPC or local ordinance
2. Civil Action Different Modes and Titles of Acquiring
3. Extrajudicial Abatement Ownership
MODES OF TITLES OF
REMEDIES AGAINST PRIVATE NUISANCE: ACQUIRING ACQUIRING
(CE) OWNERSHIP OWNERSHIP
1. Civil Action Original Modes
Occupation Condition of being
2. Extrajudicial Abatement
without known owner
Work which includes Creation, discovery or
Note: The action to abate a public/private nuisance
Intellectual creation invention
is NOT extinguished by prescription.
Derivative Modes
Law Existence of required
EXTRAJUDICIAL ABATEMENT
conditions
Requisites:
Tradition Contract of the parties
1. nuisance must be specially injurious to the
Donation Contract of the parties
person affected;
Prescription Possession in the
2. no breach of peace or unnecessary injury must
concept of owner
be committed;
Succession Death
3. prior demand;
4. prior demand has been rejected;
TRADITION/ DELIVERY - a mode of acquiring
5. approval by district health officer and
ownership as a consequence of certain contracts,
assistance of local police; and
by virtue of which, the object is placed in the
6. value of destruction does not exceed P3,000.
control and possession of the transferee, actually
or constructively.
REGISTRY OF PROPERTY
Requisites:
REGISTRATION – any entry made in a book or
1. Right transmitted should have previously
public registry of deeds
existed in the patrimony of the grantor;
2. Transmission should be by just title;
Systems of registration:
3. Grantor and grantee should have intention and
1. Former registration systems
capacity to transmit and acquire; and
a. Spanish Mortgage Law of 1893
4. Transmission should be manifested by some
b. Torrens System established by the Land act which should be physical, symbolical or
Registration Act (Act No. 496)
legal.
c. Sec. 194 - Revised Administrative Code
2. Present registration system - Property Kinds:
Registration Decree (PD No. 1529) 1. Real Tradition – actual delivery
2. Constructive Tradition
Effects of registration:
a. traditio symbolica – parties make
1. operates as constructive notice
use of a token or symbol to represent the
2. does not validate or cure defective instrument
thing delivered
3. cannot bind property where it is legally
ineffective b. traditio longa manu – by mere
4. does not vest title consent of the parties if the thing sold
5. rule of first in time, first in right cannot be transferred to the possession of
the vendee at the time of the sale
THEORY OF MODE AND TITLE c. traditio brevi manu – when the
vendee already has possession of the
MODE – the actual process of acquisition or thing sold by virtue of another title
transfer of ownership over a thing in question. This d. traditio constitutum possessorium
is the proximate cause of the acquisition. – when the vendor continues in
possession of the thing sold not as owner
TITLE - the juridical justification for the acquisition but in some other capacity
or a transfer of ownership or other real right. This 3. Quasi–tradition – exercise of the right of the
is the remote cause of the acquisition (Acap vs. grantee with the consent of the grantor
CA, GR No. 118114, December 7, 1995) 4. Tradicion por ministerio de la ley – delivery
by operation of law
Law
5. Tradition by public instrument – the An act of liberality whereby a person disposes

execution is equivalent to the delivery of the gratuitously of a thing or right in favor of another
thing, object of the contract who accepts it (Art. 725)
REQUISITES: (CIDA)
OCCUPATION 1. donor must have capacity to make the
A mode of acquiring ownership by the seizure of donation
corporeal things that have no owner, with the 2. he must have donative intent (animus
intention of acquiring them, and according to the donandi)
rules laid down by law 3. there must be delivery
4. donee must accept or consent to the donation
REQUISITES:
1. There must be seizure of a thing;
2. The thing seized must be corporeal personal
property; ESSENTIAL FEATURES/ELEMENTS OF A
3. The thing must be susceptible of appropriation TRUE DONATION:
by nature; 1. Alienation of property by the donor during his
4. The thing must be without an owner; lifetime, which is accepted
5. There must be an intention to appropriate; and 2. Irrevocability by the donor
6. Requisites laid down by law must be complied 3. Animus Donandi
with. 4. Consequent impoverishment of the donor
SPECIFIC INSTANCES: CLASSIFICATION:
1. hunting and fishing 1. As to effectivity:
2. finding of movables which do not have an a. inter vivos
owner b. mortis causa
3. finding of abandoned movables c. propter nuptias
4. finding of hidden treasure 2. As to perfection/ extinguishment:
5. catching of swarm of bees that has escaped a. pure
from its owner, under certain conditions b. with a condition
6. catching of domesticated animals that have c. with a term
escaped from their owners, under certain 3. As to consideration:
conditions a. simple – gratuitous
7. catching of pigeons without fraud or artifice b. remuneratory or compensatory –
8. transfer of fish to another breeding place made on account of donee’s merits
without fraud or artifice
c. modal – imposes upon the donee
a burden which is less than the value of
• A thing that has been lost or taken by force is the thing donated
not ipso facto converted to res nullius for it to d. onerous – imposes upon the done
belong to the person who takes possession of a reciprocal obligation or, to be more
the same without the necessity of proving the precise, this is the kind of donation made
mode of his acquisition and it may thus be for a valuable consideration, the cost of
recovered by the original owner (See Art. which is equal to or more than the thing
559). Such thing cannot be acquired by donated (Republic vs. Silim, GR No.
prescription even if extraordinary. 149487, April 2, 2001)
• Land cannot be the object of occupation
because when land is without an owner, it • A stipulation in the donation that it was made
pertains to the State (Report of Code for and in consideration of the “love and
Commission). The State need not acquire affection which the Donee inspires in the
abandoned lands by occupation because once Donor, and as an act of liberality and
the requisites of abandonment had been generosity” is sufficient cause for a donation
fulfilled; reversion operates automatically (Quilala vs. Alcantara, GR No. 132681,
(Pineda, 497). December 3, 2001).
DONATION
69
DONATION INTER VIVOS AND DONATION and does not change the nature of the act
MORTIS CAUSA DISTINGUISHED (Vita vs. Montanano GR No. L-50553,
DONATION INTER DONATION MORTIS February 19, 1991).
VIVOS CAUSA
Takes effect Takes effect upon the DONATIONS PROHIBITED BY LAW:
independently of the death of the donor 1. Made by persons guilty of adultery or
donor’s death concubinage at the time of donation;
Made out of donor’s Made in contemplation 2. Made between persons found guilty of the
pure generosity of his death without the same criminal offense in consideration thereof;
intention to lose the thing 3. Made to a public officer or his/her spouse,
or its free disposal in descendants or ascendants in consideration of
case of survival his/her office;
Title conveyed to the Title conveyed upon 4. Made to the priest who heard the confession of
donee before the donor’s death the donor during the latter’s last illness, or the
donor’s death minister of the gospel who extended spiritual
Valid if donor survives Void if donor survives aid to him during the same period;
done done 5. Made to relatives of such priest, etc. within the
Donation Inter Vivos Donation Mortis Causa 4th degree, or to the church to which such
Takes effect Takes effect upon the priest belongs;
independently of the death of the donor 6. Made by a ward to the guardian before the
donor’s death approval of accounts;
Made out of donor’s Made in contemplation 7. Made to an attesting witness to the execution
pure generosity of his death without the of donation, if there is any, or to the spouse,
intention to lose the thing parents, or children, or anyone claiming under
or its free disposal in them.
case of survival 8. Made to a physician, surgeon, nurse, health
Title conveyed to the Title conveyed upon officer or druggist who took care of the donor
donee before the donor’s death during his/her last illness;
donor’s death 9. Made by individuals, associations or
Valid if donor survives Void if donor survives corporations not permitted by law to make
done done donations; and
Generally irrevocable Always revocable at 10. Made by spouses to each other during the
during donor’s lifetime anytime and for any marriage or to persons of whom the other
except for grounds reason before the spouse is a presumptive heir.
provided by law (Arts. donor’s death
760, 765) FORMS OF DONATIONS:
Must comply with the Must comply with the 1. Donations of movable property:
formalities required by formalities required by a. If donation is oral, simultaneous delivery of
Arts. 748 and 749 of law for the execution of property donated is required if the value is
the Code wills P5,000.00 or less. Acceptance may be
Must be accepted by Can only be accepted oral or written.
the donee during his after the donor’s death b. If donation is in writing, simultaneous
lifetime delivery of property donated is not
Subject to donor’s tax Subject to estate tax required regardless of value. Acceptance
may be oral or written.
• The title given to a Deed of Donation is NOT c. If the value exceeds P5,000.00, the
the determinative factor which makes the donation and acceptance must be in
donation “inter vivos” or “mortis causa.” writing. Simultaneous delivery of property
Whether a donation is inter vivos or mortis donated is not required.
causa depends upon the nature of the 2. Donation of immovable property:
disposition made (Reyes vs. Mosqueda, GR a. must be in a public instrument specifying
No. 45262, July 23, 1990). the property donated and the burdens
• Art. 729 speaks of donations in praesenti assumed by donee, regardless of value
which take effect during the lifetime of the b. acceptance must be either:
donor but the property shall be delivered only i. in the same instrument
after the donor’s death. Such donations are ii. in another public instrument, notified to the donor
inter vivos although the subject matter is not in authentic form, and noted in both deeds
delivered at once, or the delivery is to be made
post mortem, which is a simple matter of form
Law
• Expression of gratitude to the donor without

express acceptance was held a sufficient Acts of Ingratitude (Art. 765)
acceptance (Cuevas vs. Cuevas GR No. L- a. If the donee should commit some offense
8327, December 14, 1955). against the person, the honor or property
of the donor, or of his wife or children
LIMITATIONS ON DONATION OF PROPERTY: under his parental authority;
1. Future property cannot be donated. b. He imputes to the donor any criminal
2. Present property that can be donated: offense, or any act involving moral
a. if the donor has forced heirs: he cannot turpitude, even though he should prove it,
give or receive by donation more than unless the crime or the act has been
what he can give or receive by will; and committed against the donee himself, his
b. if the donor has no forced heirs: donation wife or children under his authority; and
may include all present property provided c. He unduly refuses him support when the
he reserves in full ownership or in donee is legally or morally bound to give
usufruct: support to the donor.
i. the amount necessary to support him and those
relatives entitled to support from him GROUNDS FOR REDUCTION OF DONATION:
ii. property sufficient to pay the donor’s debt 1. birth, appearance, or adoption of a child
contracted prior to the donation. 2. failure of the donor to reserve sufficient means
3. Donation should not prejudice creditors. for support of himself or dependent relatives
4. Donee must reserve sufficient means for his 3. failure of the donor to reserve sufficient
support and for his relatives which are entitled property to pay off his existing debts
to be supported by him. 4. inofficiousness, that is, the donation exceeds
that which the donor can give by will
EFFECTS OF DONATION:
1. donee may demand the delivery of the thing • If a Deed of Donation expressly provides for
donated automatic reversion of the property donated in
2. donee is subrogated to the rights of the donor case of violation of a condition therein, a
in the property judicial declaration revoking the same is not
3. in donations propter nuptias, the donor must necessary. The rules on contracts and the
release the property from encumbrances, general rules on prescription (10 years to
except servitudes recover in case of written contracts) should
4. donor’s warranty exists if apply and not the 4 year prescriptive period
a. expressed under Art. 764 of the Civil Code (Roman
b. donation is propter nuptias Catholic Archbishop of Manila vs. CA, GR No.
c. donation is onerous 77425, June 19, 1991).
d. donor is in bad faith
5. when the donation is made to several donees PRESCRIPTION
jointly, they are entitled to equal portions,
without accretion, unless the contrary is CONCEPT: it is a means of acquiring ownership
stipulated and other real rights or losing rights or actions to
enforce such rights through the lapse of time.
PAYMENT OF THE DONOR’S DEBT BY THE
DONEE: KINDS:
1. If there is express stipulation: the donee is 1. Acquisitive prescription – one acquires
to pay only debts contracted before the ownership and other real rights through the
donation, if not otherwise specified; but the lapse of time in the manner and under the
donee answers only up to the value of the conditions laid down by law.
property donated, if no stipulation is made to a. Ordinary acquisitive prescription: requires
the contrary possession of things in good faith and with
2. If there is no stipulation: the donee is just title for the time fixed by law
answerable for the debts of the donor only in b. Extraordinary acquisitive prescription:
case of fraud against creditors. acquisition of ownership and other real
rights without need of title or of good faith
GROUNDS FOR REVOCATION OF DONATION: or any other condition
1. birth, appearance, or adoption of a child
2. non-fulfillment of a resolutory condition Requisites:
3. ingratitude of the donee a. capacity to acquire by prescription
71
b. a thing capable of acquisition by PERSONS AGAINST WHOM PRESCRIPTION

prescription DOES NOT RUN:
c. possession of thing under certain 1. Between husband and wife, even though there
conditions be separation of property agreed upon in the
d. lapse of time provided by law marriage settlements or by judicial decree.
2. Between parents and children, during the
2. Extinctive Prescription – rights and actions minority or insanity of the latter
are lost through the lapse of time in the 3. Between guardian and ward during the
manner and under the conditions laid down by continuance of the guardianship
law; also called limitation of actions
Acquisitive and Extinctive Prescription

Distinguished
ACQUISITIVE EXTINCTIVE PERIOD OF PRESCRIPTION
PRESCRIPTION PRESCRIPTION MOVABLES IMMOVABLES
relationship between one does not look to Good Faith
the occupant and the the act of the
land in terms of possessor but to the 4 years 10 years
possession is capable neglect of the owner Bad Faith
of producing legal
8 years 30 years
consequences; it is
the possessor who is
the actor Rules on Computation of Period:
requires possession requires inaction of 1. The present possessor may complete the
by a claimant who is the owner or neglect period necessary for prescription by tacking
not the owner of one with a right to his possession to that of his grantor or
bring his action predecessor.
applicable to applies to all kinds of 2. It is presumed that the present possessor who
ownership and other rights, whether real or was also the possessor at a previous time, has
real rights personal continued to be in possession during the
vests ownership or produces the intervening time, unless there is proof to the
other real rights in the extinction of rights or contrary.
occupant bars a right of action 3. The first day shall be excluded and the last
results in the results in the loss of a day included.
acquisition of real or personal right,
ownership or other or bars the cause of
real rights in a person action to enforce said
as well as the loss of right
said ownership or real
rights in another
can be proven under should be affirmatively
the general issue pleaded and proved to
without its being bar the action or claim
affirmatively pleaded of the adverse party
LACHES – failure or neglect for an unreasonable

and unexplained length of time, to do that which,
by exercising due diligence, one could or should
have done earlier.
PERSONS AGAINST WHOM PRESCRIPTION

RUNS:
1. Minors and other incapacitated persons who
have parents, guardians or other legal
representatives
2. Absentees who have administrators
3. Persons living abroad who have managers or
administrators
4. Juridical persons, except the state and its
subdivision
Law
73

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42 |2009 CENTRALIZED BAR OPERATIONS San Beda College of

PRINCIPLE OF SELF-HELP (Art. 429)

SURFACE RIGHTS (Art. 437)

(Bachrach Motor Co. vs. Talisay-Silay BUILDER,

of materials 455) (Ignao vs. Intermediate Appellate Court GR

• Accretions belong to the riparian Requisites:

are regarded as accessions of the land i. if nearer to one margin or bank – to

3. Change of Course of Rivers (Art. 461–462) Kinds:

a. Adjunction in good faith by either i. to acquire the work, indemnifying for

Requisites: (LCD-R) RUINOUS BUILDINGS AND TREES IN DANGER

CONDOMINIUM ACT (RA 4726) Laws Governing Waters:

3. In the concept of owner – possessor of thing

DEGREES: • Gross and inexcusable ignorance

that he is in possession (Ramos vs. Director of CONFLICTS BETWEEN SEVERAL CLAIMANTS:

plus value e. By reason of the object

obtain its return without reimbursing the price

EXCEPTION: Abnormal usufruct whereby the law

3. of cattle (livestock) (Art. 591) • Under the Massachusetts Rule, a stock

c. To make ordinary repairs 5. Expiration of the period or fulfillment of the

b. Legal – when it is imposed by law either owner usufructuary

2. if one part owner raises the • Any stipulation permitting lesser

a. distances as prescribed by ordinances 2. if created by prescription, by the form and

REMEDIES AGAINST PUBLIC NUISANCE:

5. Tradition by public instrument – the An act of liberality whereby a person disposes

• Expression of gratitude to the donor without

b. a thing capable of acquisition by PERSONS AGAINST WHOM PRESCRIPTION

Acquisitive and Extinctive Prescription

LACHES – failure or neglect for an unreasonable

PERSONS AGAINST WHOM PRESCRIPTION

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