Property Finals - Gurtiza Reviewer.

Art. 457.
To the owners of lands adjoining the abandoned his right, the portion belongs to the owner of the
estate to which it has been transferred by the river.’’
banks of rivers belong the accretion which they
gradually receive from the effects of the current of
Difference between Aluvium and Avulsion
the waters.
ALLUVIUM
Forms of Accession Natural (1) the deposit of the soil here is gradual.(2) soil cannot be identifi ed. (3)
With this article begins accession natural, the principal forms of belongs to owner of property to which it is attached.
which are: while
(a) alluvium. (Art. 457). AVULSION
(b) avulsion. (Art. 459). (1) sudden or abrupt process may be seen. (Canas v. Tuason, 5 Phil. 688). (2)
(c) change of course of rivers. (Arts. 461-462). identifi able or verifi able. (3) belongs to owner from whose property it was
(d) formation of islands. (Arts. 464-465). detached.
Alluvium is the soil deposited or added to (accretion) the lands

adjoining the banks of rivers, and gradually received as an effect Article 460. Trees uprooted and carried away by
of the current of the waters. (Ferrer v. Bautista, 49 SCAD 616 the current of the waters belong to the owner of
[1994]). By law, the accretion is owned by the owner of the the land upon which they may be cast, if the
estate fronting the river bank (riparian owner).
owners do not claim them within six months. If
such owners claim them, they shall pay the
Essential Requisites of Alluvium
(a) The deposit should be gradual and imperceptible expenses incurred in gathering them or putting
(b) Cause is the current of the river them in a safe place. (369a)
(c) Current must be that of a river
(d) The river must continue to exist Bar Qs: Jose’s and Maria’s estates face each other and adjoin a
(e) The increase must be comparatively little, and not, for
river. Later, the river naturally changes its course and the river
example, such as would increase the area of the riparian land by
bed is abandoned. The new river bed happens to be in the land
over one hundred fifty percent.
of Maximo. Who owns the abandoned river bed?
Failure to register the acquired alluvial deposit by accretion for a

period of 50 years subjects said accretion to acquisition thru ANS.: Maximo owns the ENTIRE abandoned river bed to
prescription by third persons. Reynante v. CA (1992) compensate him for the loss of the land now occupied by the
new river bed
Article 458. The owners of estates adjoining ponds

or lagoons do not acquire the land left dry by the Article 461. River beds which are abandoned
natural decrease of the waters, or lose that through the natural change in the course of the
inundated by them in extraordinary floods. (367) waters ipso facto belong to the owners whose
lands are occupied by the new course in
proportion to the area lost. However, the owners
Art. 458 applies when the estate adjoins: (a) a pond; (b) or a
of the lands adjoining the old bed shall have the
lagoon.
right to acquire the same by paying the value
thereof, which value shall not exceed the value of
Pond — a body of stagnant water without an outlet, larger than
the area occupied by the new bed. (370a)
a puddle and smaller than a lake, or a like body of water with a
small outlet.
Bar Qs: A and B each own a parcel of land on opposite sides of a
river. The river changed its course and passed thru D’s land not
Lagoon — a small lake, ordinarily of fresh water, and not very
adjoining either A’s or B’s land. As a result of this change of
deep, fed by fl oods, the hollow bed of which is bounded by the course, D lost 10 hectares of land. Assuming that the area of the
elevations of the land. abandoned river bed between the lands of A and B is also 10
hectares, who is entitled to the accession, and why?
It does not apply when the estate adjoins a lake, a river, a
creek, or other streams. (Gov’t. of the P.I. v. Colegio de San ANS.: D, in view of his loss. (Art. 461).
Jose, 53 Phil. 423). In such a case, the land left uncovered
reverts to the adjoining estate which owned it at the very
Requisites for Art. 461 (Change of River Bed) to Apply
beginning.
(a) The change must be sudden in order that the old river bed
Article 459. Whenever the current of a river, creek may be identifi ed
or torrent segregates from an estate on its bank a
known portion of land and transfers it to another
(b) The changing of the course must be more or less
estate, the owner of the land to which the
permanent, and not temporary overfl ooding of another’s land.
segregated portion belonged retains the
ownership of it, provided that he removes the
same within two years. (368a) (c) The change of the river bed must be a natural one, i.e.,
caused by natural forces
‘Avulsion’ it is the force of the reviser; it is the process whereby

the current of a river, creek, or torrent segregates from an (d) There must be a definite abandonment by the government.
estate on its bank a known portion of land and transfers it to If the government shortly after the change decides and actually
another estate. takes steps to bring the river to its old bed, Art. 461 will not
apply, for here, we cannot say that there was an abandonment.
The government is not compelled to stand by idly and let nature
The Code Commission cannot agree to the elimination of the take its course. (e) The river must continue to exist, that is, it
period of two years within which the owner of the segregated must not completely dry up or disappear. If indeed there is a
portion must remove or claim the same. Thereafter, if he has complete drying up, who would own the dried up river bed?
Under the old Code, the Court of Appeals, applying Art. 370 (old
Property(Ref:Paras)_Finals_filedbyMGGurtiza_DMMMSULU_JD2 Page 1
Code) to this case of disappearance, held that the old bed SECTION 3
belonged to the riparian owners if the government did not claim Right of Accession with Respect to Movable
it. Under the new Code, it would seem that it should belong to
Property
public dominion, since no private lands are injured and since as
a rule under Art. 502, a river bed belongs to public dominion,
unless otherwise provided by the law. Article 466. Whenever two movable things
belonging to different owners are, without bad
faith, united in such a way that they form a single
object, the owner of the principal thing acquires
the accessory, indemnifying the former owner
Article 462. Whenever a river, changing its course
thereof for its value. (375)
by natural causes, opens a new bed through a
private estate, this bed shall become of public
dominion. (372a) ‘Adjunction’ It is the process by virture of which two movable things
belonging to different owners are united in such a way that they form
a single object. Example: A varnishes his chair with the varnish of B.
Even if the new bed is on private property the bed becomes
property of public dominion, just as the old bed had been of
public dominion before the abandonment. The new river banks Article 467. The principal thing, as between two
shall likewise be of public dominion. things incorporated, is deemed to be that to which
the other has been united as an ornament, or for
Article 463. Whenever the current of a river its use or perfection. (376)
divides itself into branches, leaving a piece of land
or part thereof isolated, the owner of the land Article 468. If it cannot be determined by the rule
retains his ownership. He also retains it if a given in the preceding article which of the two
portion of land is separated from the estate by the things incorporated is the principal one, the thing
current. (374) of the greater value shall be so considered, and as
between two things of equal value, that of the
1. Rule if River Divides Itself into Branches greater volume.
A’s estate adjoins a river, but the river divides itself
into branches, thus affecting A’s property. A however
remains the owner of the portion (this time — an In painting and sculpture, writings, printed
island) which: matter, engraving and lithographs, the board,
(a) may be isolated from the rest (here, the portion metal, stone, canvas, paper or parchment shall be
has not physically moved, but there is deemed the accessory thing. (377)
ISOLATION).
(b) (b) or may be separated from the rest (here, the
portion has physically moved — hence, the Article 469. Whenever the things united can be
SEPARATION). separated without injury, their respective owners
may demand their separation.
The Article refers to the “formation of island by the branching off
of a river” as distinguished from the “formation of islands by Nevertheless, in case the thing united for the use,
successive accumulation of alluvial deposits (unidentifi able embellishment or perfection of the other, is much
sediment)” referred to in Arts. 464 and 465. In the fi rst, no
accession takes place, the owner retaining his ownership of the
more precious than the principal thing, the owner
segregated portion; in the second, accession takes place. of the former may demand its separation, even
though the thing to which it has been incorporated
may suffer some injury. (378)
2. Rule is Applicable Whether River is Navigable or Not-
for in both cases, the owner should not be deprived of First paragraph can apply only to soldering and inclusion
his dominion over the segregated or isolated property. because in all the rest, separation would result in substantial
injury.
Article 464. Islands which may be formed on the

seas within the jurisdiction of the Philippines, on Separation, although with injury (but not destruction) is allowed,
if the thing united for the use, embellishment, or perfection of
lakes, and on navigable or floatable rivers belong
the other is much more precious than the principal.
to the State. (371a)
Example: When a valuable diamond (the accessory — because

Article 465. Islands which through successive it is for embellishment of the ring) is set in good faith on a silver
accumulation of alluvial deposits are formed in ring, the owner of the diamond can ask for separation, even
non-navigable and non-floatable rivers, belong to though there will be injury to the ring. Expenses for the
the owners of the margins or banks nearest to separation must of course be borne by the person who caused
each of them, or to the owners of both margins if the union, considering that both parties are in good faith.
the island is in the middle of the river, in which
case it shall be divided longitudinally in halves. If Article 470. Whenever the owner of the accessory
a single island thus formed be more distant from thing has made the incorporation in bad faith, he
one margin than from the other, the owner of the shall lose the thing incorporated and shall have
nearer margin shall be the sole owner thereof. the obligation to indemnify the owner of the
(373a) principal thing for the damages he may have
suffered.
If the one who has acted in bad faith is the owner appropriate the work to himself without paying
of the principal thing, the owner of the accessory anything to the maker, or to demand of the latter
thing shall have a right to choose between the that he indemnify him for the value of the material
former paying him its value or that the thing and the damages he may have suffered. However,
belonging to him be separated, even though for the owner of the material cannot appropriate the
this purpose it be necessary to destroy the work in case the value of the latter, for artistic or
principal thing; and in both cases, furthermore, scientific reasons, is considerably more than that
there shall be indemnity for damages. of the material. (383a)
If either one of the owners has made the ADJUNCTION

incorporation with the knowledge and without the 1. involves at least two things
2. as a rule, accessory follows principal
objection of the other, their respective rights shall
3. the things joined retain their nature
be determined as though both acted in good faith. MIXTURE
(379a) 1. involves at least two things
2. as a rule, co-ownership results
3. the things mixed or confused may either retain or lose their respective
Article 471. Whenever the owner of the material
natures
employed without his consent has a right to an SPECIFICATION
indemnity, he may demand that this consist in the 1.may involve only one thing (may be more) but form is changed 2. as a rule,
delivery of a thing equal in kind and value, and in accessory follows principal 3. the new object retains or preserves the nature of
all other respects, to that employed, or else in the the original object
price thereof, according to expert appraisal. (380) Examples: (a) baking a cake with the fl our of another. (b) using the paint of
another to make a painting on your own canvas
Article 472. If by the will of their owners two

things of the same or different kinds are mixed, or Article 475. In the preceding articles, sentimental
if the mixture occurs by chance, and in the latter value shall be duly appreciated. (n)
case the things are not separable without injury,
each owner shall acquire a right proportional to Skipped articles 476-481(Quieting of Title)
the part belonging to him, bearing in mind the
value of the things mixed or confused. (381)
CHAPTER 4
Ruinous Buildings and Trees in Danger of Falling
Article 473. If by the will of only one owner, but in
good faith, two things of the same or different
kinds are mixed or confused, the rights of the Article 482. If a building, wall, column, or any
owners shall be determined by the provisions of other construction is in danger of falling, the
the preceding article. owner shall be obliged to demolish it or to execute
the necessary work in order to prevent it from
falling.
If the one who caused the mixture or confusion
acted in bad faith, he shall lose the thing
belonging to him thus mixed or confused, besides If the proprietor does not comply with this
being obliged to pay indemnity for the damages obligation, the administrative authorities may
caused to the owner of the other thing with which order the demolition of the structure at the
his own was mixed. (382) expense of the owner, or take measures to insure
public safety. (389a)
COMMIXTION (if solids are mixed).

CONFUSION (if liquids are mixed). On A’s estate is a wall facing the street. The wall is in danger of
Rule: If the mixture is caused by one owner in good faith, or by the will of both falling. May the owner be compelled to demolish or repair it?
owners, or by chance (accident), or by a common agent, then CO-OWNERSHIP Yes, and if he does not do so, the administrative authorities may
results, each owner acquiring an interest or right proportional to the value of his either order its demolition at A’s expense or take measures to
material. (Example: If A’s palay was by chance mixed with B’s rice, A and B are insure public safety.
now co-owners of the mixture in proportion to the value of their respective
materials. [
Article 483. Whenever a large tree threatens to fall
Article 474. One who in good faith employs the in such a way as to cause damage to the land or
material of another in whole or in part in order to tenement of another or to travelers over a public
make a thing of a different kind, shall appropriate or private road, the owner of the tree shall be
the thing thus transformed as his own, obliged to fell and remove it; and should he not do
indemnifying the owner of the material for its so, it shall be done at his expense by order of the
value. administrative authorities. (390a)
Failure on the owner’s part to act accordingly will be met with

If the material is more precious than the expenses shouldered by him.
transformed thing or is of more value, its owner
may, at his option, appropriate the new thing to
himself, after first paying indemnity for the value TITLE III
of the work, or demand indemnity for the material. CO-OWNERSHIP
If in the making of the thing bad faith intervened,

the owner of the material shall have the right to
Article 484. There is co-ownership whenever the The portions belonging to the co-owners in the co-
ownership of an undivided thing or right belongs ownership shall be presumed equal, unless the
to different persons. contrary is proved.
In default of contracts, or of special provisions, co- Article 486. Each co-owner may use the thing
ownership shall be governed by the provisions of owned in common, provided he does so in
this Title. accordance with the purpose for which it is
intended and in such a way as not to injure the
A co-owner can only alienate his pro indiviso share in the co- interest of the co-ownership or prevent the other
owned property. Thus, a co-owner does not lose his part co-owners from using it according to their rights.
ownership of a co-owned property when his share is mortgaged The purpose of the co-ownership may be changed
by another co-owner without the former’s knowledge and by agreement, express or implied. (394a)
consent.
Article 487. Any one of the co-owners may bring

Sources of Co-ownership (How It Arises) an action in ejectment. (n)
(a) By law; (b) By contract; (c) By chance — It is believed that “ejectment” here covers the following actions:
(commixtion, confusion, hidden treasure). (d) By (a) forcible entry; (b) unlawful detainer; (c) accion publiciana;
occupation or occupancy; (e) By succession or will [as (d) accion reivindicatoria; (e) quieting of title; (f) replevin
in the case of intestate heirs before partition
TENANCY IN COMMON (Co-ownership)

Article 488. Each co-owner shall have a right to
1. This involves a physical whole. BUT there is an compel the other co-owners to contribute to the
IDEAL (abstract) division; each co-owner being the expenses of preservation of the thing or right
owner of his own ideal share. owned in common and to the taxes. Any one of the
2. Each co-owner may dispose of his ideal or latter may exempt himself from this obligation by
undivided share (without boundaries) WITHOUT the renouncing so much of his undivided interest as
other’s consent.
may be equivalent to his share of the expenses
3. If a co-owner dies, his share goes to his own heirs.
4. If a co-owner is a minor, this does not benefi t the
and taxes. No such waiver shall be made if it is
others for the purpose of prescription, and prescription prejudicial to the co-ownership. (395a)
therefore runs against them.
Article 489. Repairs for preservation may be made
JOINT TENANCY
1. This also involves a physical whole. BUT there is no at the will of one of the co-owners, but he must, if
IDEAL (abstract) division; each and ALL of them own practicable, first notify his co-owners of the
the WHOLE thing. 2. Each co-owner may not dispose necessity for such repairs. Expenses to improve or
of his own share without the consent of ALL the rest, embellish the thing shall be decided upon by a
because he really has NO IDEAL share. 3. If a joint- majority as determined in article 492. (n)
tenant dies, his share goes by accretion to the other
joint-tenants by virtue of their survivorship or jus
accrecendi. 4. If one joint-tenant is under a legal Can a co-owner go ahead with necessary repairs even against the
disability (like minority), this benefits the other opposition of all the rest? ANS.: Yes, because the negligence of the
against whom prescription will not run. others should not prejudice him. (3 Manresa 448). If he has money,
he may advance the funds, and recover later from the others. (3
Sanchez Roman 177). If he has NO money in the meantime, he can
Characteristics of Co-ownership
contract with the repairmen, and all the co-owners will be liable
(a) There must be more than one subject or owner. proportionately to the creditors. Here, they may renounce their
(b) There is one physical whole divided into IDEAL shares in the co-ownership (equivalent to their share of the
(undivided) shares. expenses) IN FAVOR of the CREDITORS (provided the latter agree —
(c) Each IDEAL share is defi nite in amount, but is not DATIO IN SOLUTUM); or make the renouncing in favor of the
physically segregated from the rest. conscientious co-owner (provided that said coowner agrees to
(d) Regarding the physical whole, each co-owner must assume that obligation — DATIO EN PAGO; and provided that the
respect each other in the common use, enjoyment, or creditors agree — NOVATION or change of debtor, Arts. 1244, 1245).
preservation of the physical whole. Otherwise, no renouncing can be done and they would still be
(e) Regarding the IDEAL share, each co-owner holds indebted.
almost absolute control over the same. [Thus, he is
full owner of his part, and of the fruits and benefi ts
thereof; and he may alienate, assign, or mortgage it,
Article 490. Whenever the different stories of a
but he cannot substitute another person in its house belong to different owners, if the titles of
enjoyment, when personal rights are involved. (Art. ownership do not specify the terms under which
493).]. they should contribute to the necessary expenses
(f) It is not a juridical person, i.e., it has no juridical and there exists no agreement on the subject, the
personality following rules shall be observed:
(g) A co-owner is in a sense a trustee for the other
co-owners. Thus, he may not ordinarily acquire
exclusive ownership of the property held in common (1) The main and party walls, the roof and the other things used in
thru prescription common, shall be preserved at the expense of all the owners in
proportion to the value of the story belonging to each;
Article 485. The share of the co-owners, in the (2) Each owner shall bear the cost of maintaining the floor of his
benefits as well as in the charges, shall be story; the floor of the entrance, front door, common yard and
proportional to their respective interests. Any sanitary works common to all, shall be maintained at the expense of
stipulation in a contract to the contrary shall be all the owners pro rata;
void. (3) The stairs from the entrance to the first story shall be maintained
at the expense of all the owners pro rata, with the exception of the
owner of the ground floor; the stairs from the first to the second Punzalan v Boon. Facts: 22 Moros caught a whale with
story shall be preserved at the expense of all, except the owner of the ambergris (a valuable material) inside its abdomen and they
ground floor and the owner of the first story; and so on successively. agreed not to sell it without unanimous consent. But later, one
of them sold all. May the buyer and the seller be sued by the 21
(396)
Moros?
Article 491. None owners shall, without the HELD: Yes. There being a co-ownership, the lone seller could not
consent of the others, make alterations in the be allowed to sell all, hence, the sale is valid only with respect to
thing owned in common, even though benefits for his (1/22) share. The lone seller can be sued, not because he is
all would result therefrom. However, if the a co-owner, but because he had acted as if he were the
withholding of the consent by one or more of the exclusive owner.
co-owners is clearly prejudicial to the common
interest, the courts may afford adequate relief. Mercado V Liwanag, 1962 FACTS: Ramon Mercado and Basilia
(397a) Mercado were registered CO-OWNERS of a parcel of land
covered by a Torrens Certifi cate of Title. Ramon, without
Basilia’s consent, sold his 1/2 share to Pio D. Liwanag
Effects of an Illegal Alteration whereupon a Transfer Certificateof Title was issued, carrying the
(a) The co-owner responsible may lose what he has spent; names of Pio Liwanag and Basilia Mercado as the “co-owner pro-
(b) Demolition can be compelled; indiviso.” Is this allowed?
(c) He would be liable for losses and damages;
(d) BUT whatever benefi ts the co-ownership derives will belong
to it HELD: Yes. After all, Ramon Mercado did NOT sell a defi nite part
(e) In case a house is constructed on common lot, all the co- with boundaries; what he sold was only his undivided share of
owners will be entitled to a proportionate share of the rent. (It is 1/2, and this indeed is what is refl ected in the Transfer Certifi
wrong to give all to the person who made the alteration and just cate of Title. In no way therefore has Art. 493 been violated.
let her pay rent on the land)
Article 494. No co-owner shall be obliged to

Article 492. For the administration and better remain in the co-ownership. Each co-owner may
enjoyment of the thing owned in common, the demand at any time the partition of the thing
resolutions of the majority of the co-owners shall owned in common, insofar as his share is
be binding. concerned.
There shall be no majority unless the resolution is Nevertheless, an agreement to keep the thing
approved by the co-owners who represent of the undivided for a certain period of time, not
controlling interest in the object of the co- exceeding ten years, shall be valid. This term may
ownership. be extended by a new agreement.
Should there be no majority, or should the A donor or testator may prohibit partition for a
resolution of the majority be seriously prejudicial period which shall not exceed twenty years.
to those interested in the property owned in
common, the court, at the instance of an
Neither shall there be any partition when it is
interested party, shall order such measures as it
prohibited by law.
may deem proper, including the appointment of an
administrator.
No prescription shall run in favor of a co-owner or
co-heir against his co-owners or co-heirs so long
Whenever a part of the thing belongs exclusively
as he expressly or impliedly recognizes the co-
to one of the co-owners, and the remainder is
ownership. (400a)
owned in common, the preceding provision shall
apply only to the part owned in common. (398)
ISSUE: Generally, does prescription run against a co-
This article concerns: (a) administration; (b) better enjoyment.
heir or a co-owner? HELD: No. Generally, prescription
does not adversely affect a co-owner or a co-heir.
[NOTE: However, under certain conditions, the co-
Article 493. Each co-owner shall have the full ownership or the co-heirship may be repudiated; from
ownership of his part and of the fruits and benefits this moment of repudiation, prescription begins to run.].
pertaining thereto, and he may therefore alienate,
assign or mortgage it, and even substitute another
person in its enjoyment, except when personal Article 495. Notwithstanding the provisions of the
rights are involved. But the effect of the alienation preceding article, the co-owners cannot demand a
or the mortgage, with respect to the co-owners, physical division of the thing owned in common,
shall be limited to the portion which may be when to do so would render it unserviceable for
allotted to him in the division upon the termination the use for which it is intended. But the co-
of the co-ownership. (399) ownership may be terminated in accordance with
article 498. (401a)
A, a co-owner was indebted to B. B sued to recover the debt,

and attached A’s share even if A’s share had not yet been Article 496. Partition may be made by agreement
concretely determined. Was the attachment proper? HELD: Yes. between the parties or by judicial proceedings.
Attachment was proper though no liquidation, inventory, or Partition shall be governed by the Rules of Court
participation computation had been made yet. insofar as they are consistent with this Code.
(402)
Article 497. The creditors or assignees of the co- Article 500. Upon partition, there shall be a mutual
owners may take part in the division of the thing accounting for benefits received and
owned in common and object to its being effected reimbursements for expenses made. Likewise,
without their concurrence. But they cannot impugn each co-owner shall pay for damages caused by
any partition already executed, unless there has reason of his negligence or fraud. (n)
been fraud, or in case it was made
notwithstanding a formal opposition presented to Effects of Partition
prevent it, without prejudice to the right of the
debtor or assignor to maintain its validity. (403)
(a) mutual accounting for benefi ts received. (Art. 500).
(b) mutual reimbursement for expenses. (Art. 500).
A, B, and C, are the co-owners of a lot. They are indebted to X (c) indemnity for damages in case of negligence or fraud. (Art.
for the construction of certain improvements thereon. In the 500).
partition proceeding, X is allowed to participate. If X did not (d) reciprocal warranty for 1) defects of title (or eviction); 2)
participate, he is not allowed to impugn a partition already quality (or hidden defects). (Art. 501). [NOTE: No warranty if
executed unless — (a) X was defrauded; (b) or X has previously there is a contrary stipulation or if the eviction is due to fault of
presented a formal opposition to prevent it. However, if the co- co-owner evicted. (See Arts. 1092-1093).].
owners believe that the partition had been made validly (without (e) each former co-owner is deemed to have had exclusive
the creditor being prejudiced), they have the right to prove their possession of the part allotted to him for the entire period during
contention. which the co-possession lasted. (Art. 543). [If he buys the
shares of the others, this presumption of exclusive possession
does not refer to said shares.
Article 498. Whenever the thing is essentially (f) partition confers upon each, the exclusive title over his
indivisible and the co-owners cannot agree that it respective share.
be allotted to one of them who shall indemnify the
others, it shall be sold and its proceeds
Article 501. Every co-owner shall, after partition,
distributed. (404)
be liable for defects of title and quality of the
portion assigned to each of the other co-owners.
Procedure for the ‘Legal’ Partition (n)
(a) First, give the whole to one co-owner who will now be Reciprocal Warranty Example: A and B, co-owners, partitioned
required to indemnify the rest.
their land. Later, C, a stranger was able to prove that he really
owned the lot belonging to B. Should B alone bear the loss?
(b) If this is not agreed upon (as when nobody wants to get it, ANS.: No. Both A and B must bear the loss in that A must give
or more than one desire it), there must be a sale (public sale, half of his portion to B because there is a reciprocal or mutual
such as an auction or a private sale). Of course, strangers are warranty against eviction.
allowed to purchase.
[NOTE: The procedure applies whether the property is real or

personal. There is no right of legal redemption here for the co-
ownership has ceased
Skipped Articles 502- 523- Just Read
Article 499. The partition of a thing owned in TITLE V

common shall not prejudice third persons, who POSSESSION
shall retain the rights of mortgage, servitude or
any other real rights belonging to them before the
division was made. Personal rights pertaining to CHAPTER 1
third persons against the co-ownership shall also Possession and the Kinds Thereof
remain in force, notwithstanding the partition.
(405) Article 523. Possession is the holding of a thing or
the enjoyment of a right. (430a)
A, B, and C were co-owners of a parcel of land mortgaged to M.
If A, B, and C should physically partition the property, the Requisites or Elements of Possession
mortgage in M’s favor still covers all the three lots, which
together, formerly constituted one single parcel. If A alone had
(a) There must be a holding or control (occupancy, or taking or
contracted an unsecured obligation, he would of course be the
apprehension) of a thing or a right. (This holding may be actual
only one responsible. or constructive.) (b) There must be a deliberate intention to
possess (animus possidendi). This is a state of the mind. (c) The
All those who did not in any way participate or intervene in the possession must be by virtue of one’s own right. (This may be
partition are considered “third persons.’’ (3 Manresa 54; see also because he is an owner or because of a right derived from the
Gonzaga v. Martinez, 9 Phil. 489). Thus, also a judgment owner such as that of a tenant.)
obtained by one co-owner against another co-owner will not
adversely affect a purchaser of the latter’s portion, if such HENCE, an agent who holds is not truly in possession; it is the
purchase had been made PRIOR to the judgment and without principal who possesses thru the agent
notice of the controversy.
Article 524. Possession may be exercised in one's
When the court is asked to help in a partition, the interests of all own name or in that of another. (413a)
must be considered so that reason and justice would prevail.
Article 525. The possession of things or rights may

be had in one of two concepts: either in the
concept of owner, or in that of the holder of the (a) GOOD FAITH — “Good faith is always presumed.’’ (Art. 527).
thing or right to keep or enjoy it, the ownership (b) CONTINUITY OF CHARACTER OF POSSESSION (Art. 529). (c)
pertaining to another person. (432) NON-INTERRUPTION OF POSSESSION — “ (Art. 533).
(d) PRESUMPTION OF JUST TITLE —Art. 541).
(e) NON-INTERRUPTION OF POSSESSION OF PROPERTY
UNJUSTLY LOST BUT LEGALLY RECOVERED — “ (Art. 561).
(f) POSSESSION DURING INTERVENING PERIOD — “ (Art.
1138[2]).
Article 526. He is deemed a possessor in good
(g) POSSESSION OF MOVABLES WITH REAL PROPERTY — “
faith who is not aware that there exists in his title (Art. 542).
or mode of acquisition any flaw which invalidates (h) EXCLUSIVE POSSESSION OF COMMON PROPERTY (Art. 543).
it.
Article 530. Only things and rights which are

He is deemed a possessor in bad faith who susceptible of being appropriated may be the
possesses in any case contrary to the foregoing. object of possession. (437)
Mistake upon a doubtful or difficult question of law CHAPTER 2

may be the basis of good faith. (433a) Acquisition of Possession
Possession in Good Faith or Bad Faith

Article 531. Possession is acquired by the material
occupation of a thing or the exercise of a right, or
It is useless to speak of an owner as a possessor in good faith or by the fact that it is subject to the action of our
bad faith (except insofar as to point out whether or not in the will, or by the proper acts and legal formalities
meantime he is entitled to possess). This is because when the established for acquiring such right. (438a)
law in Art. 526 distinguishes good and bad faith, there must be a
fl aw. If aware of it, the possessor is in BAD faith; if not aware,
he is in GOOD faith. If there is no fl aw at all, the article should How Is Possession Acquired? (BAR)
not apply.
(a) By material occupation (detention) of a thing or the exercise

One who is not aware that there exists in his TITLE or MODE of of a right (quasi-possession). (This also includes constitutum
acquisition any fl aw which invalidates it. possessorium or traditio brevi manu.)
‘Possessor in Bad Faith’ (mala fi de) (b) By subjection to our will (this includes traditio longa manu —
by mere agreement; or by the delivery of keys — traditio
simbolica) (clearly, this does not require actual physical
One who is not in good faith. (Hence, if circumstances exist that detention or seizure).
require a prudent man to investigate, he will be in bad faith if he
does not investigate.)
(c) By constructive possession or proper acts and legal
formalities (such as succession, donation, execution of public
Article 527. Good faith is always presumed, and instruments; or thru the possession by a sheriff by virtue of a
upon him who alleges bad faith on the part of a court order.)
possessor rests the burden of proof. (434)
(1) Constitutum possessorium exists when a person who
The presumption of innocence is given because every person possessed property as an owner, now possesses it in some other
should be presumed honest till the contrary is proved. capacity, as that of lessee or depositary.
(2) Traditio brevi manu — (the opposite of constitutum
possessorium) — this exists when a person who possessed
Article 528. Possession acquired in good faith does property not as an owner (like a lessee), now possesses it as
not lose this character except in the case and from owner.
the moment facts exist which show that the (3) Traditio longa manu (delivery by the long hand) — delivery
possessor is not unaware that he possesses the by consent or mere pointing.
thing improperly or wrongfully. (435a)
Article 532. Possession may be acquired by the
When Possession in Good Faith is Converted to Possession in same person who is to enjoy it, by his legal
Bad Faith representative, by his agent, or by any person
without any power whatever: but in the last case,
(a) From the moment facts exist showing the possessor’s the possession shall not be considered as acquired
knowledge of the fl aw, from that time should he be considered until the person in whose name the act of
a possessor in bad faith. (Art. 528). possession was executed has ratified the same,
(b) It does not matter whether the “facts” were caused by him without prejudice to the juridical consequences of
or by some other person negotiorum gestio in a proper case. (439a)
Article 529. It is presumed that possession Negotiorum gestio is referred to in Art. 2144, et seq. of the Civil
continues to be enjoyed in the same character in Code. Art. 2144. Whoever voluntarily takes charge of the agency
which it was acquired, until the contrary is proved. or management of the business or property of another without
(436) any power from the latter, is obliged to continue the same until
the termination of the affair and its incidents, or to require the
person concerned to substitute him, if the owner is in a position
Some Presumptions Regarding Possession to do so. This juridical relation does not arise in either of these
instances: (a) When the property or business is not neglected or
abandoned; (b) If in fact the manager has been tacitly Article 535. Minors and incapacitated persons may
authorized by the owner acquire the possession of things; but they need
the assistance of their legal representatives in
Article 533. The possession of hereditary property order to exercise the rights which from the
is deemed transmitted to the heir without possession arise in their favor. (443)
interruption and from the moment of the death of
the decedent, in case the inheritance is accepted. A minor may acquire the possession of a fountain pen donated
to him, but in case of a court action regarding ownership over
One who validly renounces an inheritance is the pen, his parents or legal representatives must intervene.
deemed never to have possessed the same.
Article 536. In no case may possession be
Example: 1. Father died on June 1, 2003. Son accepted the acquired through force or intimidation as long as
inheritance on June 25, 2003. Possession is deemed transmitted there is a possessor who objects thereto. He who
not on June 25 but on June 1, 2003 believes that he has an action or a right to deprive
another of the holding of a thing, must invoke the
Example 2. Father died on June 1, 2003. Son accepted on June aid of the competent court, if the holder should
25, 2003. For 25 days an administrator had been taking care of refuse to deliver the thing.
the land and was actually on it. For the period of 25 days, who
was the actual possessor, the administrator or the son? ANS.:
The son was in actual possession (in the concept of owner) thru Possession cannot be acquired:
the administrator. The administrator was in actual possession (in (a) thru FORCE or INTIMIDATION
the concept of holder); and therefore he was really in actual (b) thru mere TOLERANCE (permission).
possession in behalf of the son. (c) thru clandestine, secret possession (or possession without
knowledge
Consequences: Article 537. Acts merely tolerated, and those

executed clandestinely and without the knowledge
1) If an intruder should force entry into the premises, either the of the possessor of a thing, or by violence, do not
administrator or the son may institute the action of forcible affect possession.
entry.
2) For purposes of prescription, the son’s possession is FACTS: A owned a parcel of land, which was occupied by B and
considered uninterrupted. C. A tolerated their presence, and did not compel them to pay
3) But if, during the period of 25 days, the son had forced rentals. In 1901, a land tax was imposed, and A asked them to
himself into the premises, the administrator would have had the pay rentals. They promised to do so, and recognized A’s
right to sue him for forcible entry which held that the owner of ownership over the land, but did not really pay said rentals.
the property himself may be the defendant in a forcible entry After a period of years, B and C now claim that they have
case.) acquired said land by prescription. Are they right?
HELD: No, since their stay was merely by tolerance, and having
recognized ownership in another, they cannot now claim that
Article 534. On who succeeds by hereditary title their possession was adverse.
shall not suffer the consequences of the wrongful
possession of the decedent, if it is not shown that
he was aware of the flaws affecting it; but the Article 538. Possession as a fact cannot be
effects of possession in good faith shall not benefit recognized at the same time in two different
him except from the date of death of the decedent. personalities except in the cases of co-possession.
Should a question arise regarding the fact of
possession, the present possessor shall be
Father possessed in bad faith, X’s land for 3 years, after which
preferred; if there are two possessors, the one
the property was presumably inherited by M, the father’s son. M
longer in possession; if the dates of the possession
was in good faith. For how many years more, from the father’s
are the same, the one who presents a title; and if
death, should M possess the land in order to become its owner?
all these conditions are equal, the thing shall be
ANS.: For 9 years, since the effects of his possession in good
placed in judicial deposit pending determination of
faith should begin only from the decedent’s death. [NOTE: its possession or ownership through proper
Because extraordinary prescription requires 30 years, and proceedings.
ordinary prescription requires 10 years, it follows that 3 years
possession in BAD FAITH should be equivalent to 1 year
Possession as a fact cannot be recognized at the same time in
possession in GOOD FAITH. Hence, applying Art. 1138(1), 1 year
two different personalities.
plus 9 years equals 10 years.].
Exceptions to General Rule:

In the example given above, if X within 4 years brings an action
to recover the property and its fruits, should X’s action prosper?
(a) co-possessors (since here, there is no confl ict of interest,
both of them acting as co-owners, as in the case of property
ANS.: Regarding the land — yes, because M has not yet become
owned or possessed in common)
the owner. Regarding the fruits — (a) M does not have to
reimburse the value of the fruits for the 4-year period he was in
possession, since he is a possessor in good faith. (b) But, if M (b) possession in different concepts or different degrees
obtained any cash or benefi t from the fruits harvested by his (Example: Both owner and tenant are possessors as a fact at the
father, said value must be returned (minus necessary expenses same time; the fi rst, in the concept of owner; the second, in the
for cultivation, gathering, and harvesting) because the father concept of holder; other examples: principal and agent;
was in bad faith, and the effects of M’s good faith, it must be depositor and depositary; owner and administrator.)
remembered, should only commence from the father’s death.
(b) just title here means “titulo colorado’’ (merely colorable title
although there was a mode of transferring ownership, the
grantor was NOT the owner). (See Doliendo v. Biarnesa, 7 Phil.
232)
CHAPTER 3 While IN POSSESSION

Effects of Possession
(a) just title here is presumed. (Title refers either to
Article 539. Every possessor has a right to be document or right). (4 Manresa 245). (The term
“show’’ evidently refers to a document; while the term
respected in his possession; and should he be
“prove’’ refers to the right.) (b) just title here means
disturbed therein he shall be protected in or “titulo verdadero y valido’’ (true and valid title suffi
restored to said possession by the means cient to transfer ownership).
established by the laws and the Rules of Court.
The Kinds of Titles (‘Titulos’)
A possessor deprived of his possession through
forcible entry may within ten days from the filing (a) True and Valid Title (Titulo Verdadero y Valido) —
of the complaint present a motion to secure from (b) Colorable Title (Titulo Colorado) —
the competent court, in the action for forcible (c) Putative Title (Titulo Putativo)
entry, a writ of preliminary mandatory injunction
to restore him in his possession. The court shall
Article 542. The possession of real property
decide the motion within thirty (30) days from the
presumes that of the movables therein, so long as
filing thereof.
it is not shown or proved that they should be
excluded. (449)
Article 540. Only the possession acquired and
enjoyed in the concept of owner can serve as a
Presumption of Possession of Movables Found in an Immovable
title for acquiring dominion. (447)
Example: If I possess a house (real property), it is presumed
that I also possess the furniture (personal property) therein.
The following cannot therefore acquire ownership by prescription [NOTE: By analogy, if my possession of the house is in concepto
(as long as they remain such — mere possessors in the concept de dueno, my possession of the furniture is also presumed to be
of holder
in concepto de dueno. Therefore, my just title to BOTH the
house and the furniture is presumed. (See Art. 541).].
(a) Lessees (b) Trustees. (c) Antichretic creditors (d)
Agents. (e) Attorneys (f) Depositaries (g) Co-owners
Article 543. Each one of the participants of a thing
possessed in common shall be deemed to have
[NOTE: While a trust may be repudiated, this is not allowed if
the benefi ciary is a minor (or insane) because it is hard for the
exclusively possessed the part which may be
latter to protect his rights. (See Castro v. Castro, 57 Phil. 675).]. allotted to him upon the division thereof, for the
[NOTE: The reason is really to prevent the encouragement of entire period during which the co-possession
fraud and the legalization of usurpation lasted. Interruption in the possession of the whole
or a part of a thing possessed in common shall be
to the prejudice of all the possessors. However, in
Article 541. A possessor in the concept of owner
case of civil interruption, the Rules of Court shall
has in his favor the legal presumption that he
apply. (450a)
possesses with a just title and he cannot be
obliged to show or prove it. (448a)
A and B have been co-possessors of a piece of land in Greenhills
since 2002. If in 2006, there is a partition, A is deemed to have
Presumption that Possessor Has a Just Title
possessed exclusively the portion given him, not since 2002, but
since 2006. (This is useful in case of acquisition by prescription.)
There are two requirements under this article to raise the
disputable presumption of ownership (of a thing or a right):
Article 544. A possessor in good faith is entitled to
(a) One must be in possession (actual or constructive).
the fruits received before the possession is legally
interrupted.
(b) The possession must be in the concept of owner (not mere

holder). (A tenant cannot avail himself of the presumption of Natural and industrial fruits are considered
just title because he is not a possessor in the concept of owner). received from the time they are gathered or
severed.
Thus, in a general way, we may say that: POSSESSION IS
PRESUMED OWNERSHIP. The Supreme Court has ruled that Civil fruits are deemed to accrue daily and belong
actual possession of the property under claim of ownership
to the possessor in good faith in that proportion.
raises the disputable presumption of ownership; the true owner
must resort to judicial process for the recovery of the property.
(451)
IN PRESCRIPTION Article 545. If at the time the good faith ceases,

there should be any natural or industrial fruits, the
possessor shall have a right to a part of the
(a) just title here must be proved. (Title refers either to
expenses of cultivation, and to a part of the net
document or right). (4 Manresa 245). verdadero y valido’’ (true
and valid title suffi cient to transfer ownership).
harvest, both in proportion to the time of the Article 550. The costs of litigation over the
possession. property shall be borne by every possessor. (n)
The charges shall be divided on the same basis by Article 551. Improvements caused by nature or
the two possessors. time shall always inure to the benefit of the
person who has succeeded in recovering
possession. (456)
The owner of the thing may, should he so desire,
give the possessor in good faith the right to finish
the cultivation and gathering of the growing fruits, Article 552. A possessor in good faith shall not be
as an indemnity for his part of the expenses of liable for the deterioration or loss of the thing
cultivation and the net proceeds; the possessor in possessed, except in cases in which it is proved
good faith who for any reason whatever should that he has acted with fraudulent intent or
refuse to accept this concession, shall lose the negligence, after the judicial summons.
right to be indemnified in any other manner.
(452a)
A possessor in bad faith shall be liable for
deterioration or loss in every case, even if caused
Article 546. Necessary expenses shall be refunded by a fortuitous event. (457a)
to every possessor; but only the possessor in good
faith may retain the thing until he has been This article deals with liability for LOSS or DETERIORATION. It
reimbursed therefor. should be noted that the law is more strict with the possessor in
bad faith (bad faith from the beginning) than with a possessor in
Useful expenses shall be refunded only to the good faith who becomes in bad faith upon receipt of the judicial
possessor in good faith with the same right of summons.
retention, the person who has defeated him in the
possession having the option of refunding the
Article 553. One who recovers possession shall not
amount of the expenses or of paying the increase
be obliged to pay for improvements which have
in value which the thing may have acquired by
ceased to exist at the time he takes possession of
reason thereof. (453a)
the thing. (458)
Article 547. If the useful improvements can be

Article 554. A present possessor who shows his
removed without damage to the principal thing,
possession at some previous time, is presumed to
the possessor in good faith may remove them,
have held possession also during the intermediate
unless the person who recovers the possession
period, in the absence of proof to the contrary.
exercises the option under paragraph 2 of the
(459)
preceding article. (n) ARTICLE 548. Expenses for
pure luxury or mere pleasure shall not be refunded
to the possessor in good faith; but he may remove Article 555. A possessor may lose his possession:
the ornaments with which he has embellished the
principal thing if it suffers no injury thereby, and if (1) By the abandonment of the thing;
his successor in the possession does not prefer to (2) By an assignment made to another either by
refund the amount expended. (454) onerous or gratuitous title;
(3) By the destruction or total loss of the thing, or
Article 549. The possessor in bad faith shall because it goes out of commerce;
reimburse the fruits received and those which the (4) By the possession of another, subject to the
legitimate possessor could have received, and provisions of article 537, if the new possession has
shall have a right only to the expenses mentioned lasted longer than one year. But the real right of
in paragraph 1 of article 546 and in article 443. possession is not lost till after the lapse of ten
The expenses incurred in improvements for pure
luxury or mere pleasure shall not be refunded to
years. (460a)
the possessor in bad faith, but he may remove the
objects for which such expenses have been Article 556. The possession of movables is not
incurred, provided that the thing suffers no injury deemed lost so long as they remain under the
thereby, and that the lawful possessor does not control of the possessor, even though for the time
prefer to retain them by paying the value they may being he may not know their whereabouts. (461)
have at the time he enters into possession. (445a)
Article 557. The possession of immovables and of
Regarding possessor’s rights (if in bad faith) to ornamental real rights is not deemed lost, or transferred for
expenses, see discussion under the next preceding article. purposes of prescription to the prejudice of third
persons, except in accordance with the provisions
Bar Qs. Suppose the value of the ornament at the time of of the Mortgage Law and the Land Registration
change of possession is higher (instead of lower) than the laws. (462a)
amount spent, should the possessor in bad faith be paid the
higher value? ANS.: If we follow the letter of the law strictly, he
should be given the higher value but considering the intent of
Article 558. Acts relating to possession, executed
the law to penalize him, it is submitted that the refund should
or agreed to by one who possesses a thing
not exceed the amount spent, otherwise he is placed in a better
belonging to another as a mere holder to enjoy or
position than the possessor in good faith.
keep it, in any character, do not bind or prejudice
the owner, unless he gave said holder express vessel, still it was under an obligation to restore it at the
authority to do such acts, or ratifies them conclusion of peace, and to pay indemnities therefor. (Art. 53,
subsequently. (463) Regulations Respecting the Laws and Customs of War on Land,
Appended to the Hague Convention of 1907). The title to the
vessel did NOT therefore pass to the Japanese Army, but
Article 559. The possession of movable property
remained with X. The vessel cannot consequently be considered
acquired in good faith is equivalent to a title.
as enemy property, and was not such when it was found by the
Nevertheless, one who has lost any movable or
U.S. Armed Forces and sold to Y. The sale cannot be considered
has been unlawfully deprived thereof, may recover
valid as against X.
it from the person in possession of the same.
If the possessor of a movable lost or which the

owner has been unlawfully deprived, has acquired
it in good faith at a public sale, the owner cannot Article 560. Wild animals are possessed only while
obtain its return without reimbursing the price they are under one's control; domesticated or
paid therefor. (464a) tamed animals are considered domestic or tame if
they retain the habit of returning to the premises
of the possessor. (465)
I purchased in good faith at an auction sale a stolen automobile.
Can the owner get it back without reimbursing me for the price I
paid? ANS.: The owner can get it back, but I should fi rst be One’s possession of wild animals is lost when they are under
refunded the price I paid since my purchase had been made in ANOTHER’S control or under NO ONE’S control (as when they
good faith, at a public auction or sale have regained their NATURAL FREEDOM and have become res
nullius). Reason: Possession of them was possible only when
power or force could be exercised over them. Eliminate that
Asiatic Commercial V Ang- FACTS: A sold Gloco Tonic to B, control, and you eliminate possession automatically.
delivered the tonics to B, but was not able to collect the price, B
later on sold the goods to C, an innocent purchaser. Is A allowed
to recover the goods from C on the ground that B had not yet Wild animals which have become tame and now generally
paid the price to him (A)? HELD: No, for here there was no submit to man’s control are called DOMESTICATED and TAMED
criminal or illegal deprivation, the nonpayment of the price being animals.
immaterial insofar as the right to recover the goods from C is
concerned.
Article 561. One who recovers, according to law,
possession unjustly lost, shall be deemed for all
Dizon V SUntay - FACTS: The owner of a diamond ring entrusted purposes which may redound to his benefit, to
same to Clarita Sison for the latter to sell upon promise of a
have enjoyed it without interruption. (466)
commission. Instead of selling, Clarita pledged the ring with a
pawnshop. As soon as he learned of the pledge, the owner tried
to get back the ring from the pawnshop owner, but the latter Example: If on Mar. 1, 2002 I bought a diamond ring, and the
refused. ring was subsequently stolen Apr. 1, 2002 but I was able to
lawfully recover it on May 1, 2003, then I am supposed to have
ISSUE: Can the owner successfully get back the ring? If so, does possessed the ring continuously from Mar. 1, 2002 up to now,
the owner have to pay the pawnshop owner the amount for all purposes that may redound to my benefit (as in the case
borrowed by Clarita? of acquisitive prescription).
HELD: Under Art. 559 of the Civil Code, the owner can Bishop V Mangaron - FACTS: The City of Manila unjustly
successfully get back the ring, and he does not have to deprived X of his possession of a piece of land. After a few
reimburse the pawnshop owner the money lent to Clarita. This is years, X forced his way into the premises instead of applying to
because the ring owner had been “unlawfully deprived” of the the proper authorities. Should the intervening years be counted
same, and this right to recover cannot be defeated even if the so as to give X uninterrupted possession of the land?
pawnshop had acquired possession of the ring in good faith.
HELD: No, because X’s recovery was not had “according to the
Rebullida v Bustamante. FACTS: Rebullida owned a platinum law.” Recovery according to law does not mean taking the law
ring kept in a vault of the “La Estrella del Norte,” but one day, into one’s own hands BUT thru the proper writs and actions or
the ring was stolen and found in the possession of Bustamante, with the aid of the competent authorities. (See also 4 Manresa
who in good faith had purchased it from a passing peddler, 356).
Gargantilla. Can Rebullida get back the ring without the
necessity of reimbursement? HELD: Yes, since the stolen ring
had been acquired (though in good faith) at a private sale, and
not a public one. There is thus no need of any REFUND of the
TITLE VI
purchase price. This action for REPLEVIN will therefore
USUFRUCT
PROSPER.
Bar Qs. CHAPTER 1

Usufruct in General
X was the owner of a motor vessel which the Japanese Army
confi scated during the occupation of the Philippines. After the Article 562. Usufruct gives a right to enjoy the
liberation, the U.S. Armed Forces found the said vessel and sold property of another with the obligation of
it as enemy property to Y. An action is now fi led by X against Y preserving its form and substance, unless the title
for the recovery of the vessel, plus damages. Will the action constituting it or the law otherwise provides.
prosper? State reasons for your answer. ANS.: The action will (467)
prosper. While the Japanese Army had the right to get the motor
Three Fundamental Rights Appertaining to Ownership Ownership by law, by the
Article 563. Usufruct is constituted
really consists of three fundamental rights: (a) jus disponendi
(right to dispose) (b) jus utendi (right to use) (c) jus fruendi will of private persons expressed in acts
(right to the fruits) [NOTE: The combination of the latter two inter vivos or in a last will and testament,
(jus utendi and fruendi) is called USUFRUCT (from the term
“usufructus”). The remaining right (jus disponendi) is really the and by prescription.
essence of what is termed “naked ownership.”].
Article 564. Usufruct may be constituted on the
Formulae whole or a part of the fruits of the thing, in favor
of one more persons, simultaneously or
(a) Full ownership equals Naked ownership plus Usufruct. successively, and in every case from or to a certain
day, purely or conditionally. It may also be
(b) Naked ownership equals Full ownership minus Usufruct. constituted on a right, provided it is not strictly
personal or intransmissible. (469)
(c) Usufruct equals Full ownership minus Naked ownership.
Article 565. The rights and obligations of the
Definition – 1. Usufruct is the right to enjoy the property of usufructuary shall be those provided in the title
another, with the obligation of preserving its form and constituting the usufruct; in default of such title,
substance, unless the title constituting it or the law provides or in case it is deficient, the provisions contained
otherwise. (Art. 562). in the two following Chapters shall be observed.
(470)
2. Usufruct is a “real right, of a temporary nature, which
authorizes its holder to enjoy all the benefi ts which
In case of conflict between the rights granted a usufructuary by
result from the normal enjoyment (or exploitation) of
virtue of a will, and codal provisions, the former, unless
another’s property, with the obligation to return, at
repugnant to the mandatory provisions of the Civil Code, should
the designated time, either the same thing, or in
prevail
special cases, its equivalent.”
Elements of Usufruct
CHAPTER 2
Rights of the Usufructuary
(a) ESSENTIAL characteristics- a REAL right, a temporary

nature or duration, Its purpose is to enjoy the benefits Article 566. The usufructuary shall be entitled to
(b) NATURAL characteristic or element- the obligation to all the natural, industrial and civil fruits of the
preserve its form or substance property in usufruct. With respect to hidden
(c) ACCIDENTAL- (those which may be present or absent treasure which may be found on the land or
depending upon the stipulation of the parties
tenement, he shall be considered a stranger. (471)
The law says that “as to hidden treasure which may be found on
‘Usufruct’ Distinguished from ‘Easements’ (Servitudes)
the wall or tenement, he (the usufructuary) shall be considered
a stranger.” What does this mean? ANS.: This means that the
USUFRUCT usufructuary, not being the landowner, is not entitled as owner,
but is entitled as fi nder (to one-half of the treasure, as a rule,
(a) The object here may be real or personal property. unless there is a contrary agreement) if he really is the fi nder.
(b) What can be enjoyed here are ALL uses and fruits If somebody else is the fi nder, the usufructuary gets nothing.
of the property. (c) A usufruct cannot be constituted
on an easement; but it may be constituted on the land
burdened by an easement. (d) Usually extinguished by Article 567. Natural or industrial fruits growing at
death of usufructuary. while the time the usufruct begins, belong to the
usufructuary.
EASEMENT
Those growing at the time the usufruct
(a) This involves only real property. (b) Easement is terminates, belong to the owner.
limited to a particular use (like the right of way). (c)
An easement may be constituted in favor of, or
burdening, a piece of land held in usufruct. In the preceding cases, the usufructuary, at the
(d) Not extinguished by the death of the owner of the beginning of the usufruct, has no obligation to
dominant estate. refund to the owner any expenses incurred; but
the owner shall be obliged to reimburse at the
Similarities Between a Usufruct and an Easement termination of the usufruct, from the proceeds of
the growing fruits, the ordinary expenses of
cultivation, for seed, and other similar expenses
(a) Both are real rights, whether registered or not. incurred by the usufructuary.
(b) Both rights may be registered, provided that the usufruct
involves real property. All easements of course concern real
property. (Thus, a usufruct over personal property though a real The provisions of this article shall not prejudice
right, cannot be registered because it is a real right over the rights of third persons, acquired either at the
personal property).
beginning or at the termination of the usufruct.
(c) Both may ordinarily be alienated or transmitted in
accordance with the formalities set by law. (472)
This Article refers to PENDING NATURAL OR INDUSTRIAL fruits Article 571. The usufructuary shall have the right
(there can be no pending civil fruits or rents, for they accrue to enjoy any increase which the thing in usufruct
daily).
may acquire through accession, the servitudes
established in its favor, and, in general, all the
Article 568. If the usufructuary has leased the benefits inherent therein. (479)
lands or tenements given in usufruct, and the
usufruct should expire before the termination of If co-owners of a parcel of land will give its usufruct to a
the lease, he or his heirs and successors shall relative, and subsequently they build a house thereon and leases
receive only the proportionate share of the rent the same to others, will the rents go to the co-owners or to the
that must be paid by the lessee. (473) usufructuary?
Fabie V David - FACTS: Juan Grey was the administrator of ANS.: To the co-owners, because this is the evident intent of the
certain premises, and Fabie was the usufructuary. Fabie leased parties
the property to David, but when David violated certain
conditions of the lease, Fabie brought an action of unlawful
detainer against him. Grey intervened in this action, and alleged Article 572. The usufructuary may personally
that he, and not the usufructuary, had the right to select the enjoy the thing in usufruct, lease it to another, or
tenants; and that therefore, Fabie had no right to institute the alienate his right of usufruct, even by a gratuitous
suit. ISSUE: Who can select the tenants — Grey, the title; but all the contracts he may enter into as
administrator; or Fabie, the usufructuary? such usufructuary shall terminate upon the
expiration of the usufruct, saving leases of rural
HELD: Fabie, the usufructuary, has the right because a lands, which shall be considered as subsisting
usufructuary is allowed to administer and manage the property, during the agricultural year. (480)
to collect rents and to make the necessary repairs. Included in
this right to administer is the right to select the tenant over the Seifert V Bachrach - FACTS: A donated her usufructuary right
premises, presently held by Fabie in usufruct. over certain properties. Later, she brought an action to get her
right back on the ground that she did not own the properties.
Will the action prosper?
Article 569. Civil fruits are deemed to accrue daily,
and belong to the usufructuary in proportion to the
time the usufruct may last. (474). HELD: No, for after all, she donated the usufruct (which
belonged to her) and not the properties themselves. And under
the law, the usufructuary has the right to alienate (even
Article 570. Whenever a usufruct is constituted on by gratuitous title, as in this case) the right to the usufruct.
the right to receive a rent or periodical pension, It has been proved that the donation was made knowingly and
whether in money or in fruits, or in the interest on freely. She deserves commendation for the beauty of her act in
bonds or securities payable to bearer, each donating. Charity is the choicest flower of the human spirit. We
payment due shall be considered as the proceeds are not willing to help her withdraw now what she had given
or fruits of such right. voluntarily, and in a noble spirit of liberality.
Whenever it consists in the enjoyment of benefits Article 573. Whenever the usufruct includes things
accruing from a participation in any industrial or which, without being consumed, gradually
commercial enterprise, the date of the distribution deteriorate through wear and tear, the
of which is not fixed, such benefits shall have the usufructuary shall have the right to make use
same character. thereof in accordance with the purpose for which
they are intended, and shall not be obliged to
In either case they shall be distributed as civil return them at the termination of the usufruct
fruits, and shall be applied in the manner except in their condition at that time; but he shall
prescribed in the preceding article. (475) be obliged to indemnify the owner for any
deterioration they may have suffered by reason of
Example
his fraud or negligence. (481)
1.In speaking of benefi ts from industrial or commercial Article 574. Whenever the usufruct includes things
enterprises, the law says, “the date of distribution of which is which cannot be used without being consumed,
not fi xed.” Does this mean that if the date is fixed, Art. 570 the usufructuary shall have the right to make use
does not apply? of them under the obligation of paying their
appraised value at the termination of the usufruct,
ANS.: No. Art. 570 applies whether or not the date of if they were appraised when delivered. In case
distribution is fixed. The law does not mention anymore the case they were not appraised, he shall have the right to
when the date is fi xed because this after all is the usual state of return the same quantity and quality, or pay their
things, and the rule enunciated in Art. 570 clearly applies. current price at the time the usufruct ceases.
Whether or not, however, Art. 570 applies to a case where the (482)
date is not fi xed was doubtful before, hence, the necessity of an
express provision on the subject.
RULES for this ‘QUASI-USUFRUCT’
2. If A gives B the usufruct of A’s land, and A’s land is being

(a) The usufructuary (debtor-borrower) can use them (as if he is
rented by C, each payment of rent shall go to B for the duration
the owner, with complete right of pledge or alienation).
of the usufruct, each payment being considered as part of the
proceeds of the property.
(b) BUT at the end of the usufruct, he must
1) pay the APPRAISED value (if appraised when first delivered) Give your reasons. ANS.: Yes, A is liable to B, for a usufructuary
2) Or, if there was no appraisal, return same kind, quality, and (A) who alienates his usufructuary right, is liable for the
quantity OR pay the price current at the termination of the negligence of his substitute (C). (Art. 590). It is clear that C had
no right to cut down the trees, for the article on woodland (Art.
usufruct (therefore not at the original price or value).
577) cannot apply. There is a vast difference between a
woodland and coconut land. In the former, the usufructuary can
Article 575. The usufructuary of fruit-bearing trees in certain cases cut down the trees precisely because the way to
enjoy the usufruct would be to convert the timber into lumber;
and shrubs may make use of the dead trunks, and in the case of coconut land, the usufruct extends merely to the
even of those cut off or uprooted by accident, fruits produced. At any rate, it would have been different had
under the obligation to replace them with new the naked owner’s approval been obtained.
plants. (483a)
ARTICLE 578. The usufructuary of an action to
Article 576. If in consequence of a calamity or recover real property or a real right, or any
extraordinary event, the trees or shrubs shall have movable property, has the right to bring the action
disappeared in such considerable number that it and to oblige the owner thereof to give him the
would not be possible or it would be too authority for this purpose and to furnish him
burdensome to replace them, the usufructuary whatever proof he may have. If in consequence of
may leave the dead, fallen or uprooted trunks at the enforcement of the action he acquires the
the disposal of the owner, and demand that the thing claimed, the usufruct shall be limited to the
latter remove them and clear the land. (484a) fruits, the dominion remaining with the owner.
(486)
Example: A is usufructuary of trees and shrubs belonging to B.
As a result of an earthquake, many of the trees and shrubs *To bring the action, the usufructuary can DEMAND from the
disappeared or were destroyed. What are A’s rights and owner: (a) authority to bring the action (usually a special power
obligations? of attorney). (b) proofs needed for a recovery.
ANS.: (a) If it is impossible or too burdensome to replace them, * To prejudice third parties, the usufruct must either be
the usufructuary has an OPTION. He — 1) may use the trunks registered or known to them. (Art. 709).
but should replace them (Art. 575); 2) or may leave the dead,
fallen, or uprooted trunks at the owner’s disposal, and demand * The action may be instituted in the usufructuary’s name, for
that the latter remove them and clear the land. (Art. 576). being the owner of the usufruct, he is properly deemed a real
party in interest. (See Sec. 2, Rule 3, Rules of Court).
(b) If it is slightly burdensome to replace them, the usufructuary
MUST replace them (whether he uses the dead trunks or not),
(a) If the purpose is the recovery of the property or
and he cannot demand clearance of the land by the owner right, he is still required under Art. 578 to obtain the naked
owner’s authority. (
Article 577. The usufructuary of woodland may

enjoy all the benefits which it may produce b) If the purpose is to object to or prevent disturbance
according to its nature. over the property (once the property is given him), no special
authority from the naked owner is needed. (See Pascual v.
Angeles, 4 Phil. 604).
If the woodland is a copse or consists of timber for
building, the usufructuary may do such ordinary *Effect of Judgment When judgment is awarded him and he
cutting or felling as the owner was in the habit of gets the property: (a) its naked ownership belongs to the
doing, and in default of this, he may do so in OWNER; (b) its usufruct belongs to him (the USUFRUCTUARY).
accordance with the custom of the place, as to the (Art. 578, last part).
manner, amount and season.
[NOTE: Usually, this usufruct occurs when a UNIVERSAL
In any case the felling or cutting of trees shall be USUFRUCT has been given. [NOTE: After successful suit, the
made in such manner as not to prejudice the usufruct is now over the thing acquired.].
preservation of the land.
Article 579. The usufructuary may make on the
In nurseries, the usufructuary may make the property held in usufruct such useful
necessary thinnings in order that the remaining improvements or expenses for mere pleasure as
trees may properly grow. he may deem proper, provided he does not alter
its form or substance; but he shall have no right to
With the exception of the provisions of the be indemnified therefor. He may, however, remove
preceding paragraphs, the usufructuary cannot cut such improvements, should it be possible to do so
down trees unless it be to restore or improve some without damage to the property.
of the things in usufruct, and in such case shall
first inform the owner of the necessity for the Problems
work. (485)
(a) If the improvement cannot be removed without substantial
BAR QS. - A is the usufructuary of a parcel of land belonging to injury, is the usufructuary entitled to a refund? ANS.: No. (See
B. He (A) transferred his usufructuary right to C who took Art. 579). But he may still avail himself of the set-off. (Art. 580).
possession of the land. While possessing it, C, without the
knowledge of A, cut 100 coconut trees on the land. Is A liable to
(b) A usufructuary introduced useful improvements, which he
B, for the damages caused by C, on the land under usufruct?
can remove without damage, but he does not want to remove
them. Can he be compelled by the naked owner to make the (b) collection of fruits or interest. (Art. 582). (BUT not as to
removal? ANS.: No, for the law says “may,” and therefore he alienation, disposition, or creation of any real right over the
may or may not remove, the right being potestative (dependent property, since these are strict acts of ownership, unless of
on his will). (See 4 Manresa 445). course he is authorized by the naked owner.).
(c) A usufructuary introduced useful improvements which he can

remove without damage. He wants to remove them, BUT the
owner wants to retain them, and offers to reimburse him. Who
should prevail? ANS.: The usufructuary prevails for the right of Effect of Partition
removal granted him by the law. The rule here is different from
that in Arts. 546 and 548, where the right to remove may be (a) If there be a partition, the usufructuary continues to have
defeated by the right of the owner to retain, upon proper the usufruct of the part allotted to the co-owner concerned. (Art.
indemnifi cation. (Arts. 546 and 548 refer to a possessor, not to 582).
a usufructuary).
(b) If the co-owners make a partition, without the intervention

Article 580. The usufructuary may set off the of the usufructuary, this is all right, and the partition binds said
improvements he may have made on the property usufructuary. (Pichay v. Querol, 11 Phil. 386). Necessarily
against any damage to the same. however, the naked owner must also respect the usufruct
Rules CHAPTER 3
Obligations of the Usufructuary
(a) If damage exceeds the value of the improvements,
usufructuary is still liable for the difference. 1. The usufructuary has obligations:
(b) If the value of the improvements exceeds the damage, the (a) before the usufruct (like the making of inventory)
difference does not go to the usufructuary, but accrues instead
in the absence of a contrary stipulation in favor of the naked (b) during the usufruct (like taking due care of
owner, otherwise, it is as if the usufructuary would be entitled to property)
a partial refund in cash.
(c) after the usufruct (like the duty to return and

Requisites Before a Set-Off Can Be Made indemnify in the proper cases).
(a) The damage must have been caused by the usufructuary. (b) 2. The naked owner has also corresponding obligations.
The improvements must have augmented the value of property.
Article 583. The usufructuary, before entering

Article 581. The owner of property the usufruct of upon the enjoyment of the property, is obliged:
which is held by another, may alienate it, but he
cannot alter its form or substance, or do anything
(1) To make, after notice to the owner or his
thereon which may be prejudicial to the
legitimate representative, an inventory of all the
usufructuary. (489)
property, which shall contain an appraisal of the
movables and a description of the condition of the
Aside from the right of the naked owner to alienate the property, he may also — immovables;
(a) construct any works
(2) To give security, binding himself to fulfill the
(b) and make any improvements
(c) or make new plantings thereon if it be rural BUT always, such acts must not
obligations imposed upon him in accordance with
cause: this Chapter. (491)
1) a decrease in the value of the usufruct;
(2) or prejudice the right of the usufructuary. (Art. 595).
Article 584. The provisions of No. 2 of the
preceding article shall not apply to the donor who
Article 582. The usufructuary of a part of a thing has reserved the usufruct of the property donated,
held in common shall exercise all the rights or to the parents who are usufructuaries of their
pertaining to the owner thereof with respect to the children's property, except when the parents
administration and the collection of fruits or contract a second marriage. (492a)
interest. Should the co-ownership cease by reason
of the division of the thing held in common, the Article 585. The usufructuary, whatever may be
usufruct of the part allotted to the co-owner shall the title of the usufruct, may be excused from the
belong to the usufructuary. (490) obligation of making an inventory or of giving
security, when no one will be injured thereby.
Usufructuary of a Part of Common Property (493)
A co-owner may give the usufruct of his share to another, even Article 586. Should the usufructuary fail to give
without the consent of the others, unless personal considerations security in the cases in which he is bound to give
are present.
it, the owner may demand that the immovables be
placed under administration, that the movables be
The usufructuary in such a case takes the owner’s place as to: sold, that the public bonds, instruments of credit
(a) administration (management); payable to order or to bearer be converted into
registered certificates or deposited in a bank or
public institution, and that the capital or sums in
cash and the proceeds of the sale of the movable the property till he is reimbursed of extraordinary expenses,
property be invested in safe securities. which he may have been compelled to do.
The interest on the proceeds of the sale of the Article 590. A usufructuary who alienates or leases
movables and that on public securities and bonds, his right of usufruct shall answer for any damage
and the proceeds of the property placed under which the things in usufruct may suffer through
administration, shall belong to the usufructuary. the fault or negligence of the person who
substitutes him. (498)
Furthermore, the owner may, if he so prefers, until

the usufructuary gives security or is excused from Article 591. If the usufruct be constituted on a
so doing, retain in his possession the property in flock or herd of livestock, the usufructuary shall be
usufruct as administrator, subject to the obligation obliged to replace with the young thereof the
to deliver to the usufructuary the net proceeds animals that die each year from natural causes, or
thereof, after deducting the sums which may be are lost due to the rapacity of beasts of prey.
agreed upon or judicially allowed him for such
administration. (494) If the animals on which the usufruct is constituted
should all perish, without the fault of the
Article 587. If the usufructuary who has not given usufructuary, on account of some contagious
security claims, by virtue of a promise under oath, disease or any other uncommon event, the
the delivery of the furniture necessary for his use, usufructuary shall fulfill his obligation by
and that he and his family be allowed to live in a delivering to the owner the remains which may
house included in the usufruct, the court may have been saved from the misfortune.
grant this petition, after due consideration of the
facts of the case. Should the herd or flock perish in part, also by
accident and without the fault of the usufructuary,
The same rule shall be observed with respect to the usufruct shall continue on the part saved.
implements, tools and other movable property
necessary for an industry or vocation in which he Should the usufruct be on sterile animals, it shall
is engaged. be considered, with respect to its effects, as
though constituted on fungible things. (499a)
If the owner does not wish that certain articles be
sold because of their artistic worth or because A. Where there is obligation to REPLACE —
they have a sentimental value, he may demand
their delivery to him upon his giving security for 1) if some animals die from natural causes;
the payment of the legal interest on their
appraised value. (495)
2) or if some animals are lost due to rapacity of beasts of prey.
‘Caucion Juratoria’ The “promise under oath” is called a “caucion

juratoria” — a sworn duty to take good care of the property and [NOTE: Notice that even though the cause be
return same at the end of the usufruct. fortuitous, there is the duty to replace. This is because such loss
is more or less EXPECTED and is NATURAL. (The remains of the
dead animals belong to the usufructuary.)].
Requisites Before the Caucion Juratoria Is Allowed (a) proper
court petition (b) necessity for delivery of furniture, implements
[NOTE: Replacement should be made from the YOUNG
or house included in the usufruct (c) approval of the court (d)
produced. Hence, if 15 cattles died, but only 3 were produced,
sworn promise. only 3 must be replaced; hence also, if 15 died, but 20 were
produced, the excess of 5 belong to the usufructuary since they
are FRUITS.].
Article 588. After the security has been given by
the usufructuary, he shall have a right to all the
proceeds and benefits from the day on which, in [NOTE: If 15 died, and 15 were produced, but only 12
accordance with the title constituting the usufruct, remain because the 3 were SOLD, the usuf ructuary must still
replace the remaining three, even in cash, otherwise he could,
he should have commenced to receive them. (496)
by his own act, defeat the law.
Retroactive Effect of the Security Given (a) Notice that once the
[NOTE: Although the law says “each year,’’ this does
bond is given, there is RETROACTIVITY. (b) Hence, if the
not necessarily mean that the computation will have to be done
usufruct commences Jan. 3, 2003 but security is given Mar. 3,
yearly. It is suffi cient to sum up the losses and produce for all
2003, the usufructuary is entitled to all the proceeds and
the time the usufruct may last. For there can be no conceivable
benefits of the usufruct from Jan. 3, 2003.
reason why computation should be done yearly.].
Article 589. The usufructuary shall take care of the B. Where there is NO obligation to replace —
things given in usufruct as a good father of a
family. (497)
1) if there is a total loss of the animals because of some
UNEXPECTED or UNNATURAL loss (like some contagious disease
Damage to property caused by the fault or negligence of the or any other uncommon event, provided the usufructuary has
usufructuary is demandable right away, and therefore the naked NO FAULT).
owner need not wait for the end of the usufruct before bringing
the proper action for indemnity. The usufructuary is not entitled
to reimbursement for ordinary repairs (Art. 592) but may retain 2) if there is a partial loss (under the same conditions).
[NOTE: Since there is no obligation to replace, it usufruct or prejudice the right of the usufructuary.
follows that even if all should perish, the remains (bones, (503)
carcass) must be delivered to the owner. The same is true in
case of partial loss. The remains, not the remainder, must be
given to the naked owner.]. Article 596. The payment of annual charges and
taxes and of those considered as a lien on the
[NOTE: In case of partial loss, the usufruct continues fruits, shall be at the expense of the usufructuary
on the remainder, provided that the loss be by accident and for all the time that the usufruct lasts. (504)
without fault of the usufructuary.].
The usufructuary should pay for:
[NOTE: If the partial loss be because of the
usufructuary’s FAULT, does the usufruct continue on the
(a) the annual charges (on the fruits)
remainder? ANS.: Manresa says “yes” because bad use or
abuse does not extinguish the usufruct, without prejudice
however to the right of the naked owner to demand (b) the annual taxes on the fruits
administration by him.
(c) theoretically, also the annual taxes on the land (including the
Article 592. The usufructuary is obliged to make real estate tax).
the ordinary repairs needed by the thing given in
usufruct.
Article 597. The taxes which, during the usufruct,
may be imposed directly on the capital, shall be at
By ordinary repairs are understood such as are the expense of the owner.
required by the wear and tear due to the natural
use of the thing and are indispensable for its *Taxes Which are Imposed Directly on the Capital The naked
preservation. Should the usufructuary fail to make owner pays for taxes imposed directly on the capital (provided
them after demand by the owner, the latter may they are not annual — example, the estate tax). (See preceding
make them at the expense of the usufructuary. article.)
(500)
*Rules
Can usufructuary exempt himself from the duty to make or pay
for the necessary repairs by RENOUNCING the usufruct? (a) If paid by na ked owner, he can demand legal interest on the
sum paid. (Reason: The usufructuary is enjoying the property).
ANS.: (a) If he had NO fault — yes, but he must surrender the (b) If advanced (in the meantime) by the usufructuary, said
fruits received. (b) If he was at FAULT — no. He would still be usufructuary —
liable for damages.
1) should be REIMBURSED the amount paid without legal
interest. 2) is entitled to RETENTION (till paid). (Art. 612).
Article 593. Extraordinary repairs shall be at the
expense of the owner. The usufructuary is obliged
to notify the owner when the need for such repairs [NOTE: Reimbursement should be made, not
is urgent. (501) immediately after advancing, but only at the TERMINATION of
the usufruct, provided advance had been made VOLUNTARILY. If
the usufructuary had been forced to pay (as when the tax had
Article 594. If the owner should make the been deducted from his share of the fruits, reimbursement, with
extraordinary repairs, he shall have a right to damages, should be made immediately thereafter). If the latter
has paid them, the usufructuary shall pay him the proper
demand of the usufructuary the legal interest on
interest on the sums which may have been paid in that
the amount expended for the time that the character; and, if the said sums have been advanced by the
usufruct lasts. usufructuary, he shall recover the amount thereof at the
termination of the usufruct. (505)
Should he not make them when they are
indispensable for the preservation of the thing, the Article 598. If the usufruct be constituted on the
usufructuary may make them; but he shall have a whole of a patrimony, and if at the time of its
right to demand of the owner, at the termination constitution the owner has debts, the provisions of
of the usufruct, the increase in value which the articles 758 and 759 relating to donations shall be
immovable may have acquired by reason of the applied, both with respect to the maintenance of
repairs. (502a) the usufruct and to the obligation of the
usufructuary to pay such debts.
Requisites Before Usufructuary Is Allowed to Make
Extraordinary Repairs The same rule shall be applied in case the owner is
obliged, at the time the usufruct is constituted, to
(a) There must be due notification to naked owner of make periodical payments, even if there should be
urgency. (b) The naked owner failed to make them. (c) no known capital. (506)
The repair is needed for preservation
Art. 598 applies: (a) if the usufruct is a UNIVERSAL ONE
(constituted on the WHOLE of a patrimony). (b) and the naked
Article 595. The owner may construct any works
owner — 1) has debts 2) or is obliged to make periodical
and make any improvements of which the
payments (whether or not there be known capital).
immovable in usufruct is susceptible, or make new
plantings thereon if it be rural, provided that such
acts do not cause a diminution in the value of the
Article 599. The usufructuary may claim any omissions in the inventory. Article 602. The expenses, costs and
matured credits which form a part of the usufruct liabilities in suits brought with regard to the usufruct shall be
borne by the usufructuary. (512)
if he has given or gives the proper security. If he
has been excused from giving security or has not
been able to give it, or if that given is not Art. 602. The expenses, costs and
sufficient, he shall need the authorization of the liabilities in suits brought with regard to the
owner, or of the court in default thereof, to collect usufruct shall be borne by the usufructuary.
such credits.
This article particularly applies only when the usufructuary has
The usufructuary who has given security may use LOST the case. The defense of the naked ownership is naturally
the capital he has collected in any manner he may chargeable to the naked owner
deem proper. The usufructuary who has not given
security shall invest the said capital at interest CHAPTER 4
upon agreement with the owner; in default of such Extinguishment of Usufruct
agreement, with judicial authorization; and, in
every case, with security sufficient to preserve the
Article 603. Usufruct is extinguished:
integrity of the capital in usufruct. (507)
(1) By the death of the usufructuary, unless a

Article 600. The usufructuary of a mortgaged
contrary intention clearly appears;
immovable shall not be obliged to pay the debt for
(2) By the expiration of the period for which it was
the security of which the mortgage was
constituted, or by the fulfillment of any resolutory
constituted.
condition provided in the title creating the
usufruct;
Should the immovable be attached or sold (3) By merger of the usufruct and ownership in
judicially for the payment of the debt, the owner the same person;
shall be liable to the usufructuary for whatever the (4) By renunciation of the usufructuary;
latter may lose by reason thereof. (509) (5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person
Example: A mortgaged his land to B and gave its usufruct to C. constituting the usufruct;
Since A did not pay his debt, B foreclosed the mortgage, and at (7) By prescription. (513a)
the foreclosure sale, D bought the property. Can C demand
anything from A?
Article 604. If the thing given in usufruct should
be lost only in part, the right shall continue on the
ANS.: Yes, because A is held by law liable for the loss. remaining part. (514)
Rule if Usufruct is a UNIVERSAL One

Article 605. Usufruct cannot be constituted in
favor of a town, corporation, or association for
If the usufruct be a UNIVERSAL one (as when the more than fifty years. If it has been constituted,
usufruct involves the entire patrimony, some objects of which and before the expiration of such period the town
are mortgaged, the more applicable article is Art. 598 with its
is abandoned, or the corporation or association is
cross-references to Arts. 758 and 759). Thus if no stipulation for
payment by the usufructuary is made, and the usufruct was not
dissolved, the usufruct shall be extinguished by
created to defraud creditors, the usufructuary has NO DUTY to reason thereof. (515a)
pay off the debt.
Article 606. A usufruct granted for the time that
Article 601. The usufructuary shall be obliged to may elapse before a third person attains a certain
notify the owner of any act of a third person, of age, shall subsist for the number of years
which he may have knowledge, that may be specified, even if the third person should die
prejudicial to the rights of ownership, and he shall before the period expires, unless such usufruct
be liable should he not do so, for damages, as if has been expressly granted only in consideration
they had been caused through his own fault. (511) of the existence of such person. (516)
When Notification by the Usufructuary Is Required Example: A gave B his land in usufruct until C becomes 40 years
old. A constituted the usufruct when C was only 20 years old.
This means that the usufruct should last for 20 years, even if C
(a) if a third party commits acts prejudicial to “the dies before attaining the age of 40. If therefore C dies at the age
rights of ownership” (both rights of the naked owner and rights of 30, the usufruct in B’s favor generally continues.
of the usufructuary, in the latter case, insofar as the naked
owner is also affected (b) if urgent repairs are needed (Art.
593); (c) if an inventory (at the beginning of the usufruct) is to (2) Example of the Exception If in the example given, B was
be made. made the usufructuary only because he had to support C, it
follows that the usufruct was expressly constituted only in
consideration of the existence of C. Thus, on C’s death, the
Effect of Non-notification usufruct ends.
(a) In (a), the usufructuary is liable for damages, as if Article 607. If the usufruct is constituted on
they had been caused thru his own fault. (Art. 601, last part).
immovable property of which a building forms
(b) In (b), the usufructuary cannot even make the extraordinary
repairs needed. (See Art. 594). (c) In (c), the inventory can go part, and the latter should be destroyed in any
on, but the naked owner may later point out discrepancies and
manner whatsoever, the usufructuary shall have a Should the usufructuary have refused to
right to make use of the land and the materials. contribute to the insurance, the owner insuring
the tenement alone, the latter shall receive the full
amount of the insurance indemnity in case of loss,
The same rule shall be applied if the usufruct is
saving always the right granted to the
constituted on a building only and the same should
usufructuary in the preceding article. (518a)
be destroyed. But in such a case, if the owner
should wish to construct another building, he shall
have a right to occupy the land and to make use of Article 609. Should the thing in usufruct be
the materials, being obliged to pay to the expropriated for public use, the owner shall be
usufructuary, during the continuance of the obliged either to replace it with another thing of
usufruct, the interest upon the sum equivalent to the same value and of similar conditions, or to pay
the value of the land and of the materials. (517) the usufructuary the legal interest on the amount
of the indemnity for the whole period of the
Rules usufruct. If the owner chooses the latter
alternative, he shall give security for the payment
of the interest. (519)
(a) Usufruct on BOTH building and land (but the building is
destroyed in any manner whatsoever before the expiration of
the period of the usufruct) Article 610. A usufruct is not extinguished by bad
use of the thing in usufruct; but if the abuse
1) The usufruct on the building is ended, but the should cause considerable injury to the owner, the
usufruct on the land continues. (See also Art. 604). latter may demand that the thing be delivered to
him, binding himself to pay annually to the
usufructuary the net proceeds of the same, after
2) Therefore the usufructuary is still entitled to the
use of the land and the use of whatever materials of the house deducting the expenses and the compensation
remain. which may be allowed him for its administration.
(520)
3) Therefore, also, if the naked owner wants to rebuild
but the usufructuary refuses, it is the usufructuary who prevails Article 611. A usufruct constituted in favor of
for the use of the land is still his for the remainder of the period. several persons living at the time of its
constitution shall not be extinguished until the
(b) Usufruct on the building ALONE (but the building is destroyed death of the last survivor. (521)
before the termination of the period
Article 612. Upon the termination of the usufruct,
1) The usufruct on the building ends, but the the thing in usufruct shall be delivered to the
usufructuary can still make use of whatever materials of the owner, without prejudice to the right of retention
house remain. pertaining to the usufructuary or his heirs for
taxes and extraordinary expenses which should be
2) Also, the usufructuary is entitled to the use of the reimbursed. After the delivery has been made, the
land. (Why? Because although there was no usufruct on the security or mortgage shall be cancelled. (522a)
land, still it cannot be denied that in using the building before,
he was also automatically using the land.)
Rights and Obligations at the Termination of the Usufruct
3) But precisely because there was no usufruct on the

land, the naked owner has preferential right to its use. (Thus, if (a) On the Part of the Usufructuary
the naked owner wants to rebuild, but the usufructuary refuses,
it is the naked owner who should prevail). [Thus also, the law 1) must RETURN the property to the naked owner, but
states that if the owner wants to construct another building (or he has the rights —
to rebuild), he (the naked owner) shall have a right to occupy
the land and to make use of the materials, being OBLIGED to 2) to RETAIN the property till he is reimbursed for
pay to the usufructuary, during the continuance (remaining part TAXES ON THE CAPITAL (which had been advanced by him) (Art.
of the period) of the usufruct the interest (legal interest) upon 597, par. 2) and indispensable EXTRAORDINARY REPAIRS or
the sum equivalent to the value of the land and of the EXPENSES (insofar as there has been an increase in the value).
(See Art. 594, second paragraph).
materials.].
[NOTE: There should be interest — a) on the 3) to remove removable improvements (Art. 579) or
materials — because the usufruct was on the building (including set them off against damages he has caused. (Art. 580).
[NOTE: The removal may be done either during or after the
its materials); b) on the land — because although there was no
usufruct.].
usufruct on the land, still use of the building necessitated
automatic use of the land.].
(b) On the Part of the Naked Owner
Article 608. If the usufructuary shares with the

1) must cancel the security or mortgage (provided the
owner the insurance of the tenement given in usufructuary has complied with all his obligations). (Art. 612).
usufruct, the former shall, in case of loss, continue
in the enjoyment of the new building, should one
be constructed, or shall receive the interest on the 2) must in case of rural leases, respect leases made
by the usufructuary, till the end of the agricultural year. (Art.
insurance indemnity if the owner does not wish to
572).
rebuild.
3) make reimbursements to the usufructuary in the Discontinuous easements are those which are
proper cases used at intervals and depend upon the acts of
man.
TITLE VII
EASEMENTS OF SERVITUDES Apparent easements are those which are made
known and are continually kept in view by
CHAPTER 1 external signs that reveal the use and enjoyment
Easements in General of the same.
SECTION 1 Nonapparent easements are those which show no

Different Kinds of Easements external indication of their existence. (532)
Easement’ (or ‘Servitude’) Defi ned (It is an encumbrance continuous easements — their use is incessant, or may be
imposed upon an immovable for the benefi t of a community or incessant, without the intervention of any act of man.
one or more persons (personal easements) or for the benefi t of (Examples: The easement of drainage, the right to support a
another immovable belonging to a different owner beam on another’s wall.
‘Easement’ Distinguished from ‘Lease’ discontinuous easements — they are used at intervals and
depend upon the acts of man. (Example: Easement of right of
way, because it can be exercised only if a man passes or puts
EASEMENT his feet over somebody else’s land.
(a) always a real right (whether the easement be a real or apparent easements — those made known and continually
personal easement). (b) there is rightful limited use WITHOUT kept in view by external signs that reveal the use and enjoyment
ownership or possession.(c) can refer only to immovables. of the same. [Examples: Right of way when there is an alley or a
permanent path; dam; window in a party wall visible to both
owners.
LEASE
non-apparent easements — they show no external indication

(a) a real right only when it is registered or when the lease (of of their existence. [Examples: In general, negative easements,
real property) exceeds one year. (b) there is rightful and limited easement of not building to more than a certain height,
use AND possession WITHOUT ownership (Salmond, easement of lateral and subjacent support; easement of
Jurisprudence, pp. 458460). (c) may involve real or personal intermediate distances. Also a right of way if there is no visible
property. path or alley.
Article 613. An easement or servitude is an Article 616. Easements are also positive or
encumbrance imposed upon an immovable for the negative.
benefit of another immovable belonging to a
different owner.
A positive easement is one which imposes upon
the owner of the servient estate the obligation of
The immovable in favor of which the easement is allowing something to be done or of doing it
established is called the dominant estate; that himself, and a negative easement, that which
which is subject thereto, the servient estate. (530) prohibits the owner of the servient estate from
doing something which he could lawfully do if the
Article 614. Servitudes may also be established for easement did not exist. (533)
the benefit of a community, or of one or more
persons to whom the encumbered estate does not positive easement: Here the owner of the servient estate is
belong. (531) obliged (a) to allow something to be done on his property
(servitus in patendo) or (b) to do it himself (servitus in
faciendo). Positive easements are also termed “servitudes of
PERSONAL EASEMENT SUFFERANCE or INTRUSION or SERVICE,” because something is
being done on the servient estate. [Examples: Easement of light
(a) cannot be alienated (b) the use is specifi cally designated and view in a party wall (See Art. 668, par. 1; see also TS, Jan.
while 8, 1908; Cortes v. Yu Tibo, 2 Phil. 24), right of way, duty to cut
off tree branches extending over the neighboring estates.
USUFRUCT
negative easement: Here the owner of the servient estate is
PROHIBITED to do something which he could lawfully do were it
(a) generally can be alienated (b) the use has a broader scope, not for the existence of the easement. (Art. 616). (Example:
and in general comprehends all the possible uses of the thing Easement of light and view when the window or opening is on
one’s own wall or estate.
Article 615. Easements may be continuous or

discontinuous, apparent or nonapparent. Article 617. Easements are inseparable from the
estate to which they actively or passively belong.
(534)
Continuous easements are those the use of which
is or may be incessant, without the intervention of
any act of man. Article 618. Easements are indivisible. If the
servient estate is divided between two or more
persons, the easement is not modified, and each of
them must bear it on the part which corresponds [NOTE: If the deed be silent, the easement exists unless the
to him. sign be removed.]. NOTA BENE: The word “passage’’ does not
“clearly and unmistakably’’ convey a meaning that includes a
right to install water pipes on the access road since the ordinary
If it is the dominant estate that is divided between meaning of the word is that it is “the act or action of passing:
two or more persons, each of them may use the movement or transference from one place or point to another,’’
easement in its entirety, without changing the and its legal meaning is not different, which is the “act of
passing transit; transition.’’
place of its use, or making it more burdensome in
any other way. (535)
Article 625. Upon the establishment of an
easement, all the rights necessary for its use are
Article 619. Easements are established either by
considered granted. (542)
law or by the will of the owners. The former are
called legal and the latter voluntary easements.
(536) Article 626. The owner of the dominant estate
cannot use the easement except for the benefit of
the immovable originally contemplated. Neither
SECTION 2
can he exercise the easement in any other manner
Modes of Acquiring Easements
than that previously established. (n)
Article 620. Continuous and apparent easements

SECTION 3
are acquired either by virtue of a title or by
Rights and Obligations of the Owners of the
prescription of ten years. (537a)
Dominant and Servient Estates
Article 621. In order to acquire by prescription the

Article 627. The owner of the dominant estate may
easements referred to in the preceding article, the
make, at his own expense, on the servient estate
time of possession shall be computed thus: in
any works necessary for the use and preservation
positive easements, from the day on which the
of the servitude, but without altering it or
owner of the dominant estate, or the person who
rendering it more burdensome.
may have made use of the easement, commenced
to exercise it upon the servient estate; and in
negative easements, from the day on which the For this purpose he shall notify the owner of the
owner of the dominant estate forbade, by an servient estate, and shall choose the most
instrument acknowledged before a notary public, convenient time and manner so as to cause the
the owner of the servient estate, from executing least inconvenience to the owner of the servient
an act which would be lawful without the estate. (543a)
easement. (538a)
Article 628. Should there be several dominant
Article 622. Continuous nonapparent easements, estates, the owners of all of them shall be obliged
and discontinuous ones, whether apparent or not, to contribute to the expenses referred to in the
may be acquired only by virtue of a title. (539) preceding article, in proportion to the benefits
which each may derive from the work. Any one
who does not wish to contribute may exempt
Article 623. The absence of a document or proof
himself by renouncing the easement for the
showing the origin of an easement which cannot
benefit of the others.
be acquired by prescription may be cured by a
deed of recognition by the owner of the servient
estate or by a final judgment. (540a) If the owner of the servient estate should make
use of the easement in any manner whatsoever,
he shall also be obliged to contribute to the
Article 624. The existence of an apparent sign of
expenses in the proportion stated, saving an
easement between two estates, established or
agreement to the contrary. (544)
maintained by the owner of both, shall be
considered, should either of them be alienated, as
a title in order that the easement may continue Article 629. The owner of the servient estate
actively and passively, unless, at the time the cannot impair, in any manner whatsoever, the use
ownership of the two estates is divided, the of the servitude.
contrary should be provided in the title of
conveyance of either of them, or the sign aforesaid
Nevertheless, if by reason of the place originally
should be removed before the execution of the
assigned, or of the manner established for the use
deed. This provision shall also apply in case of the
of the easement, the same should become very
division of a thing owned in common by two or
inconvenient to the owner of the servient estate,
more persons. (541a)
or should prevent him from making any important
works, repairs or improvements thereon, it may be
Example A owns Estate 1 and Estate 2 and there exists a road or changed at his expense, provided he offers
passageway allowing passage from Estate 1 thru Estate 2. If another place or manner equally convenient and in
Estate 1 is sold to B, and Estate 2 is sold to C, the easement
such a way that no injury is caused thereby to the
exists if the road still exists, unless the contrary has been
provided in the deed of conveyance of either of them. (See
owner of the dominant estate or to those who may
Santos v. Reyes, [CA] 40 O.G. No. 15, p. 3140). have a right to the use of the easement. (545)
Article 630. The owner of the servient estate prejudice to the provisions of general or local laws
retains the ownership of the portion on which the and ordinances for the general welfare.
easement is established, and may use the same in
such a manner as not to affect the exercise of the
These easements may be modified by agreement
easement. (n)
of the interested parties, whenever the law does
not prohibit it or no injury is suffered by a third
SECTION 4 person. (551a)
Modes of Extinguishment of Easements
SECTION 2
Article 631. Easements are extinguished: Easements Relating to Waters
(1) By merger in the same person of the Article 637. Lower estates are obliged to receive
ownership of the dominant and servient estates; the waters which naturally and without the
(2) By non-user for ten years; with respect to intervention of man descend from the higher
discontinuous easements, this period shall be estates, as well as the stones or earth which they
computed from the day on which they ceased to be carry with them.
used; and, with respect to continuous easements,
from the day on which an act contrary to the same
The owner of the lower estate cannot construct
took place;
works which will impede this easement; neither
(3) When either or both of the estates fall into
can the owner of the higher estate make works
such condition that the easement cannot be used;
which will increase the burden. (552)
but it shall revive if the subsequent condition of
the estates or either of them should again permit
its use, unless when the use becomes possible, Article 638. The banks of rivers and streams, even
sufficient time for prescription has elapsed, in in case they are of private ownership, are subject
accordance with the provisions of the preceding throughout their entire length and within a zone of
number; three meters along their margins, to the easement
(4) By the expiration of the term or the fulfillment of public use in the general interest of navigation,
of the condition, if the easement is temporary or floatage, fishing and salvage.
conditional;
(5) By the renunciation of the owner of the Estates adjoining the banks of navigable or
dominant estate; floatable rivers are, furthermore, subject to the
(6) By the redemption agreed upon between the easement of towpath for the exclusive service of
owners of the dominant and servient estates. river navigation and floatage.
(546a)
If it be necessary for such purpose to occupy lands

Article 632. The form or manner of using the of private ownership, the proper indemnity shall
easement may prescribe as the easement itself, first be paid. (553a)
and in the same way. (547a)
Article 639. Whenever for the diversion or taking

Article 633. If the dominant estate belongs to of water from a river or brook, or for the use of
several persons in common, the use of the any other continuous or discontinuous stream, it
easement by any one of them prevents should be necessary to build a dam, and the
prescription with respect to the others. (548) person who is to construct it is not the owner of
the banks, or lands which must support it, he may
CHAPTER 2 establish the easement of abutment of a dam,
Legal Easements after payment of the proper indemnity. (554)
SECTION 1 Article 640. Compulsory easements for drawing

General Provisions water or for watering animals can be imposed only
for reasons of public use in favor of a town or
village, after payment of the proper indemnity.
Article 634. Easements imposed by law have for
(555)
their object either public use or the interest of
private persons. (549)
Article 641. Easements for drawing water and for
watering animals carry with them the obligation of
Article 635. All matters concerning easements
the owners of the servient estates to allow
established for public or communal use shall be
passage to persons and animals to the place
governed by the special laws and regulations
where such easements are to be used, and the
relating thereto, and, in the absence thereof, by
indemnity shall include this service. (556)
the provisions of this Title. (550)
Article 642. Any person who may wish to use upon

Article 636. Easements established by law in the
his own estate any water of which he can dispose
interest of private persons or for private use shall
shall have the right to make it flow through the
be governed by the provisions of this Title, without
intervening estates, with the obligation to
indemnify their owners, as well as the owners of
the lower estates upon which the waters may filter permanent passage, the indemnity shall consist of
or descend. (557) the value of the land occupied and the amount of
the damage caused to the servient estate.
Article 643. One desiring to make use of the right
granted in the preceding article is obliged: In case the right of way is limited to the necessary
passage for the cultivation of the estate
surrounded by others and for the gathering of its
(1) To prove that he can dispose of the water and
crops through the servient estate without a
that it is sufficient for the use for which it is
permanent way, the indemnity shall consist in the
intended;
payment of the damage caused by such
(2) To show that the proposed right of way is the
encumbrance.
most convenient and the least onerous to third
persons;
(3) To indemnify the owner of the servient estate This easement is not compulsory if the isolation of
in the manner determined by the laws and the immovable is due to the proprietor's own acts.
regulations. (558) (564a)
Article 644. The easement of aqueduct for private Requisites for the Easement
interest cannot be imposed on buildings,
courtyards, annexes, or outhouses, or on orchards 1. claimant must be the owner of an enclosed immovable or on with real right
or gardens already existing. (559) 2. There is no adequate outlet to a public highway
3. There must be payment of the proper indemnity
4. It must be established at the point least prejudicial to the servient estate
Article 645. The easement of aqueduct does not 5. The isolation must not be due to the proprietor’s own acts (as when he has
prevent the owner of the servient estate from built enclosing walls)
closing or fencing it, or from building over the 6. it must be absolutely necessary
aqueduct in such manner as not to cause the latter 7. Demandable only by the owner or one with a real right like a usufructuary.
any damage, or render necessary repairs and
cleanings impossible. (560)
Article 650. The easement of right of way shall be
Article 646. For legal purposes, the easement of established at the point least prejudicial to the
aqueduct shall be considered as continuous and servient estate, and, insofar as consistent with
apparent, even though the flow of the water may this rule, where the distance from the dominant
not be continuous, or its use depends upon the estate to a public highway may be the shortest.
needs of the dominant estate, or upon a schedule (565)
of alternate days or hours. (561)
Article 651. The width of the easement of right of
Article 647. One who for the purpose of irrigating way shall be that which is sufficient for the needs
or improving his estate, has to construct a stop of the dominant estate, and may accordingly be
lock or sluice gate in the bed of the stream from changed from time to time. (566a)
which the water is to be taken, may demand that
the owners of the banks permit its construction, Article 652. Whenever a piece of land acquired by
after payment of damages, including those caused sale, exchange or partition, is surrounded by other
by the new easement to such owners and to the estates of the vendor, exchanger, or co-owner, he
other irrigators. (562) shall be obliged to grant a right of way without
indemnity.
Article 648. The establishment, extent, form and
conditions of the servitudes of waters, to which In case of a simple donation, the donor shall be
this section refers, shall be governed by the indemnified by the donee for the establishment of
special laws relating thereto insofar as no the right of way. (567a)
provision therefor is made in this Code. (563a)
Article 653. In the case of the preceding article, if

SECTION 3 it is the land of the grantor that becomes isolated,
Easement of Right of Way he may demand a right of way after paying a
indemnity. However, the donor shall not be liable
Article 649. The owner, or any person who by for indemnity. (n)
virtue of a real right may cultivate or use any
immovable, which is surrounded by other Article 654. If the right of way is permanent, the
immovables pertaining to other persons and necessary repairs shall be made by the owner of
without adequate outlet to a public highway, is the dominant estate. A proportionate share of the
entitled to demand a right of way through the taxes shall be reimbursed by said owner to the
neighboring estates, after payment of the proper proprietor of the servient estate. (n)
indemnity.
Article 655. If the right of way granted to a

Should this easement be established in such a surrounded estate ceases to be necessary because
manner that its use may be continuous for all the its owner has joined it to another abutting on a
needs of the dominant estate, establishing a public road, the owner of the servient estate may
demand that the easement be extinguished, Article 660. It is understood that there is an
returning what he may have received by way of exterior sign, contrary to the easement of party
indemnity. The interest on the indemnity shall be wall:
deemed to be in payment of rent for the use of the
easement.
(1) Whenever in the dividing wall of buildings
there is a window or opening;
The same rule shall be applied in case a new road (2) Whenever the dividing wall is, on one side,
is opened giving access to the isolated estate. straight and plumb on all its facement, and on the
other, it has similar conditions on the upper part,
but the lower part slants or projects outward;
In both cases, the public highway must
(3) Whenever the entire wall is built within the
substantially meet the needs of the dominant
boundaries of one of the estates;
estate in order that the easement may be
(4) Whenever the dividing wall bears the burden
extinguished. (568a)
of the binding beams, floors and roof frame of one
of the buildings, but not those of the others;
Article 656. If it be indispensable for the (5) Whenever the dividing wall between
construction, repair, improvement, alteration or courtyards, gardens, and tenements is constructed
beautification of a building, to carry materials in such a way that the coping sheds the water
through the estate of another, or to raise therein upon only one of the estates;
scaffolding or other objects necessary for the (6) Whenever the dividing wall, being built of
work, the owner of such estate shall be obliged to masonry, has stepping stones, which at certain
permit the act, after receiving payment of the intervals project from the surface on one side
proper indemnity for the damage caused him. only, but not on the other;
(569a) (7) Whenever lands inclosed by fences or live
hedges adjoin others which are not inclosed.
Article 657. Easements of the right of way for the In all these cases, the ownership of the walls,
passage of livestock known as animal path, animal fences or hedges shall be deemed to belong
trail or any other, and those for watering places, exclusively to the owner of the property or
resting places and animal folds, shall be governed tenement which has in its favor the presumption
by the ordinances and regulations relating thereto, based on any one of these signs. (573)
and, in the absence thereof, by the usages and
customs of the place. Article 661. Ditches or drains opened between two
estates are also presumed as common to both, if
Without prejudice to rights legally acquired, the there is no title or sign showing the contrary.
animal path shall not exceed in any case the width
of 75 meters, and the animal trail that of 37 There is a sign contrary to the part-ownership
meters and 50 centimeters. whenever the earth or dirt removed to open the
ditch or to clean it is only on one side thereof, in
Whenever it is necessary to establish a which case the ownership of the ditch shall belong
compulsory easement of the right of way or for a exclusively to the owner of the land having this
watering place for animals, the provisions of this exterior sign in its favor. (574)
Section and those of articles 640 and 641 shall be
observed. In this case the width shall not exceed Article 662. The cost of repairs and construction of
10 meters. (570a) party walls and the maintenance of fences, live
hedges, ditches, and drains owned in common,
SECTION 4 shall be borne by all the owners of the lands or
Easement of Party Wall tenements having the party wall in their favor, in
proportion to the right of each.
Article 658. The easement of party wall shall be

governed by the provisions of this Title, by the Nevertheless, any owner may exempt himself from
local ordinances and customs insofar as they do contributing to this charge by renouncing his part-
not conflict with the same, and by the rules of co- ownership, except when the party wall supports a
ownership. (571a) building belonging to him. (575)
This article speaks of proportionate contribution to repairs and

Article 659. The existence of an easement of party
construction (similar to co-ownership).
wall is presumed, unless there is a title, or exterior
sign, or proof to the contrary:
Renunciation of the share of one owner in the party wall may be
made, in order to free himself from the above-mentioned
(1) In dividing walls of adjoining buildings up to contribution UNLESS
the point of common elevation;
(2) In dividing walls of gardens or yards situated
(a) the repair had already been contracted for and made
in cities, towns, or in rural communities;
(for here, he would still be liable to the repairer).
(3) In fences, walls and live hedges dividing rural
(b) (b) he still uses the wall (as when it supports his
lands. (572)
building). (Art. 662). [If the building is demolished
renunciation can be made. (Art. 663).].
Requisites for the Renunciation of the Share Article 668. The period of prescription for the
(a) must be total or complete (not partial). Thus, if a acquisition of an easement of light and view shall
person owns 1/2 of the wall, he must renounce ALL his be counted:
share. He cannot insist on paying 1/2 of his share for (1) From the time of the opening of the
expenses by renouncing 1/2 of his share in the wall window, if it is through a party wall; or
(that is 1/2 of 1/2 or a renunciation of 1/4). (2) From the time of the formal prohibition
(b) (b) must be made voluntarily and with full knowledge upon the proprietor of the adjoining land or
of the facts. (c) must be made before the expenses tenement, if the window is through a wall on the
are incurred. (d) is made with the implied condition dominant estate. (n)
that the other owner should make or pay for the
repairs.
(c) (e) must be of both the share in the wall and the
Article 669. When the distances in article 670 are
share in the land, for the wall cannot be used without
not observed, the owner of a wall which is not
the land.
party wall, adjoining a tenement or piece of land
belonging to another, can make in it openings to
admit light at the height of the ceiling joints or
Article 663. If the owner of a building, supported immediately under the ceiling, and of the size of
by a party wall desires to demolish the building, thirty centimeters square, and, in every case, with
he may also renounce his part-ownership of the an iron grating imbedded in the wall and with a
wall, but the cost of all repairs and work necessary wire screen.
to prevent any damage which the demolition may
cause to the party wall, on this occasion only, shall
Nevertheless, the owner of the tenement or
be borne by him. (576)
property adjoining the wall in which the openings
are made can close them should he acquire part-
Article 664. Every owner may increase the height ownership thereof, if there be no stipulation to the
of the party wall, doing so at his own expense and contrary.
paying for any damage which may be caused by
the work, even though such damage be temporary.
He can also obstruct them by constructing a
building on his land or by raising a wall thereon
The expenses of maintaining the wall in the part contiguous to that having such openings, unless
newly raised or deepened at its foundation shall an easement of light has been acquired. (581a)
also be paid for by him; and, in addition, the
indemnity for the increased expenses which may
Article 670. No windows, apertures, balconies, or
be necessary for the preservation of the party wall
other similar projections which afford a direct
by reason of the greater height or depth which has
view upon or towards an adjoining land or
been given it.
tenement can be made, without leaving a distance
of two meters between the wall in which they are
If the party wall cannot bear the increased height, made and such contiguous property.
the owner desiring to raise it shall be obliged to
reconstruct it at his own expense and, if for this
Neither can side or oblique views upon or towards
purpose it be necessary to make it thicker, he shall
such conterminous property be had, unless there
give the space required from his own land. (577)
be a distance of sixty centimeters.
Article 665. The other owners who have not

The nonobservance of these distances does not
contributed in giving increased height, depth or
give rise to prescription. (582a)
thickness to the wall may, nevertheless, acquire
the right of part-ownership therein, by paying
proportionally the value of the work at the time of Article 671. The distance referred to in the
the acquisition and of the land used for its preceding article shall be measured in cases of
increased thickness. (578a) direct views from the outer line of the wall when
the openings do not project, from the outer line of
the latter when they do, and in cases of oblique
Article 666. Every part-owner of a party wall may
view from the dividing line between the two
use it in proportion to the right he may have in the
properties. (583)
co-ownership, without interfering with the
common and respective uses by the other co-
owners. (579a) Article 672. The provisions of article 670 are not
applicable to buildings separated by a public way
or alley, which is not less than three meters wide,
SECTION 5
subject to special regulations and local
Easement of Light and View
ordinances. (584a)
Article 667. No part-owner may, without the

Article 673. Whenever by any title a right has been
consent of the others, open through the party wall
acquired to have direct views, balconies or
any window or aperture of any kind. (580)
belvederes overlooking an adjoining property, the
owner of the servient estate cannot build thereon
at less than a distance of three meters to be
measured in the manner provided in article 671.
Any stipulation permitting distances less than order to avoid any damage to the neighboring
those prescribed in article 670 is void. (585a) lands or tenements. (590a)
SECTION 6 Article 679. No trees shall be planted near a

Drainage of Buildings tenement or piece of land belonging to another
except at the distance authorized by the
ordinances or customs of the place, and, in the
Article 674. The owner of a building shall be
absence thereof, at a distance of at least two
obliged to construct its roof or covering in such
meters from the dividing line of the estates if tall
manner that the rain water shall fall on his own
trees are planted and at a distance of at least fifty
land or on a street or public place, and not on the
centimeters if shrubs or small trees are planted.
land of his neighbor, even though the adjacent
land may belong to two or more persons, one of
whom is the owner of the roof. Even if it should Every landowner shall have the right to demand
fall on his own land, the owner shall be obliged to that trees hereafter planted at a shorter distance
collect the water in such a way as not to cause from his land or tenement be uprooted.
damage to the adjacent land or tenement. (586a)
The provisions of this article also apply to trees
Article 675. The owner of a tenement or a piece of which have grown spontaneously.
land, subject to the easement of receiving water
falling from roofs, may build in such manner as to Regarding distances, follow ordinances (if there be any) then
receive the water upon his own roof or give it customs. If neither ordinances nor customs are present on this
another outlet in accordance with local ordinances point, the following distances must be observed (minimum):
or customs, and in such a way as not to cause any
nuisance or damage whatever to the dominant (a) tall trees — 2 meters from boundary line to center of the
estate. (587) tree. (Manresa).
Article 676. Whenever the yard or court of a house (b) small trees or shrubs — 50 cm. from boundary line to center
is surrounded by other houses, and it is not of tree or shrub. (Expected natural height is the criterion.
possible to give an outlet through the house itself Purpose: To prevent intrusion into neighboring estates.)
to the rain water collected thereon, the
establishment of an easement of drainage can be Article 680. If the branches of any tree should
demanded, giving an outlet to the water at the extend over a neighboring estate, tenement,
point of the contiguous lands or tenements where garden or yard, the owner of the latter shall have
its egress may be easiest, and establishing a the right to demand that they be cut off insofar as
conduit for the drainage in such manner as to they may spread over his property, and, if it be the
cause the least damage to the servient estate, roots of a neighboring tree which should penetrate
after payment of the property indemnity. (583) into the land of another, the latter may cut them
off himself within his property. (592)
The owner of the tree even if the branches and roots have
invaded the adjacent land can cut down the tree himself, for he
SECTION 7
owns the tree
Intermediate Distances and Works for Certain
Constructions and Plantings
Article 681. Fruits naturally falling upon adjacent
land belong to the owner of said land. (n)
Article 677. No constructions can be built or
plantings made near fortified places or fortresses
without compliance with the conditions required in SECTION 8
special laws, ordinances, and regulations relating Easement Against Nuisance (n)
thereto. (589)
Article 682. Every building or piece of land is
Article 678. No person shall build any aqueduct, subject to the easement which prohibits the
well, sewer, furnace, forge, chimney, stable, proprietor or possessor from committing nuisance
depository of corrosive substances, machinery, or through noise, jarring, offensive odor, smoke,
factory which by reason of its nature or products heat, dust, water, glare and other causes.
is dangerous or noxious, without observing the
distances prescribed by the regulations and A nuisance is that which, among others, annoys or offends the
customs of the place, and without making the senses and it should therefore be prohibited .
necessary protective works, subject, in regard to
the manner thereof, to the conditions prescribed
Bar Questions
by such regulations. These prohibitions cannot be
altered or renounced by stipulation on the part of
(a) Who is servient in an easement against nuisance?
the adjoining proprietors.
ANS.: The proprietor or possessor of the building or
piece of land, who commits the nuisance thru noise,
In the absence of regulations, such precautions jarring, offensive odor, etc. is servient in an easement
shall be taken as may be considered necessary, in against nuisance; in another sense, the building or the
land itself is the servient estate, since the easement is Article 690. Whenever the naked ownership of a
inherent in every building or land. tenement or piece of land belongs to one person
(b) Who is dominant in an easement against nuisance? and the beneficial ownership to another, no
ANS.: The general public, or anybody injured by the perpetual voluntary easement may be established
nuisance. thereon without the consent of both owners. (596)
(c) (c) What are the rights of the dominant estate?
ANS.:
Article 691. In order to impose an easement on an
1) If the nuisance is a public nuisance, the remedies
undivided tenement, or piece of land, the consent
are:
of all the co-owners shall be required.
a) a prosecution under the Penal Code or
any local ordinance; or
b) a civil action; or The consent given by some only, must be held in
c) abatement, without judicial proceedings. abeyance until the last one of all the co-owners
(Art. 699). shall have expressed his conformity.
2) If the nuisance is a private nuisance, the remedies
are: But the consent given by one of the co-owners
a) a civil action; or separately from the others shall bind the grantor
b) abatement without judicial proceedings. (Art. 705). and his successors not to prevent the exercise of
the right granted. (597a)
Article 683. Subject to zoning, health, police and Article 692. The title and, in a proper case, the
other laws and regulations, factories and shops possession of an easement acquired by
may be maintained provided the least possible prescription shall determine the rights of the
annoyance is caused to the neighborhood. dominant estate and the obligations of the
servient estate. In default thereof, the easement
SECTION 9 shall be governed by such provisions of this Title
as are applicable thereto. (598)
Lateral and Subjacent Support (n)

Article 693. If the owner of the servient estate
should have bound himself, upon the
Article 684. No proprietor shall make such establishment of the easement, to bear the cost of
excavations upon his land as to deprive any the work required for the use and preservation
adjacent land or building of sufficient lateral or thereof, he may free himself from this obligation
subjacent support. by renouncing his property to the owner of the
dominant estate. (599)
Article 685. Any stipulation or testamentary
provision allowing excavations that cause danger TITLE VIII
to an adjacent land or building shall be void. NUISANCE (n)
Article 686. The legal easement of lateral and Article 694. A nuisance is any act, omission,
subjacent support is not only for buildings establishment, business, condition of property, or
standing at the time the excavations are made but anything else which:
also for constructions that may be erected.
(1) Injures or endangers the health or safety of
Article 687. Any proprietor intending to make any others; or
excavation contemplated in the three preceding (2) Annoys or offends the senses; or
articles shall notify all owners of adjacent lands. (3) Shocks, defies or disregards decency or
morality; or
(4) Obstructs or interferes with the free passage
of any public highway or street, or any body of
water; or
CHAPTER 3 (5) Hinders or impairs the use of property.
Voluntary Easements
Article 695. Nuisance is either public or private. A

Article 688. Every owner of a tenement or piece of public nuisance affects a community or
land may establish thereon the easements which neighborhood or any considerable number of
he may deem suitable, and in the manner and form persons, although the extent of the annoyance,
which he may deem best, provided he does not danger or damage upon individuals may be
contravene the laws, public policy or public order. unequal. A private nuisance is one that is not
(594) included in the foregoing definition.
Article 689. The owner of a tenement or piece of Article 696. Every successive owner or possessor
land, the usufruct of which belongs to another, of property who fails or refuses to abate a
may impose thereon, without the consent of the nuisance in that property started by a former
usufructuary, any servitudes which will not injure owner or possessor is liable therefor in the same
the right of usufruct. (595) manner as the one who created it.
Article 697. The abatement of a nuisance does not Article 707. A private person or a public official
preclude the right of any person injured to recover extrajudicially abating a nuisance shall be liable
damages for its past existence. for damages
Article 698. Lapse of time cannot legalize any (1) If he causes unnecessary injury; or
nuisance, whether public or private. (2) If an alleged nuisance is later declared by the courts
to be not a real nuisance.
Article 699. The remedies against a public
nuisance are: SKIPPED ARTICLES (708-725)
(1) A prosecution under the Penal Code or any local TITLE III
ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings. DONATION
Article 700. The district health officer shall take CHAPTER 1

care that one or all of the remedies against a Nature of Donations
public nuisance are availed of.
Article 725. Donation is an act of liberality
Article 701. If a civil action is brought by reason of whereby a person disposes gratuitously of a thing
the maintenance of a public nuisance, such action or right in favor of another, who accepts it. (618a)
shall be commenced by the city or municipal
mayor. Article 726. When a person gives to another a
thing or right on account of the latter's merits or
Article 702. The district health officer shall of the services rendered by him to the donor,
determine whether or not abatement, without provided they do not constitute a demandable
judicial proceedings, is the best remedy against a debt, or when the gift imposes upon the donee a
public nuisance. burden which is less than the value of the thing
given, there is also a donation. (619)
Article 703. A private person may file an action on
account of a public nuisance, if it is specially Article 727. Illegal or impossible conditions in
injurious to himself. simple and remuneratory donations shall be
considered as not imposed.
Article 704. Any private person may abate a public
nuisance which is specially injurious to him by Article 728. Donations which are to take effect
removing, or if necessary, by destroying the thing upon the death of the donor partake of the nature
which constitutes the same, without committing a of testamentary provisions, and shall be governed
breach of the peace, or doing unnecessary injury. by the rules established in the Title on Succession.
But it is necessary: (620)
(1) That demand be first made upon the owner Article 729. When the donor intends that the
or possessor of the property to abate the nuisance; donation shall take effect during the lifetime of the
(2) That such demand has been rejected; donor, though the property shall not be delivered
(3) That the abatement be approved by the
till after the donor's death, this shall be a donation
district health officer and executed with the assistance of
the local police; and inter vivos. The fruits of the property from the
(4) That the value of the destruction does not time of the acceptance of the donation, shall
exceed three thousand pesos. pertain to the donee, unless the donor provides
otherwise. (n)
Article 705. The remedies against a private
nuisance are: Article 730. The fixing of an event or the
imposition of a suspensive condition, which may
(1) A civil action; or
take place beyond the natural expectation of life of
(2) Abatement, without judicial proceedings. the donor, does not destroy the nature of the act
as a donation inter vivos, unless a contrary
intention appears. (n)
Article 706. Any person injured by a private
nuisance may abate it by removing, or if
necessary, by destroying the thing which Article 731. When a person donates something,
constitutes the nuisance, without committing a subject to the resolutory condition of the donor's
breach of the peace or doing unnecessary injury. survival, there is a donation inter vivos. (n)
However, it is indispensable that the procedure for
extrajudicial abatement of a public nuisance by a Article 732. Donations which are to take effect
private person be followed. inter vivos shall be governed by the general
provisions on contracts and obligations in all that
is not determined in this Title. (621)
Article 733. Donations with an onerous cause shall Article 744. Donations of the same thing to two or
be governed by the rules on contracts and more different donees shall be governed by the
remuneratory donations by the provisions of the provisions concerning the sale of the same thing
present Title as regards that portion which to two or more different persons. (n)
exceeds the value of the burden imposed. (622)
Article 745. The donee must accept the donation
Article 734. The donation is perfected from the personally, or through an authorized person with a
moment the donor knows of the acceptance by the special power for the purpose, or with a general
donee. (623) and sufficient power; otherwise, the donation shall
be void. (630)
CHAPTER 2
Persons Who May Give or Receive a Donation Article 746. Acceptance must be made during the
lifetime of the donor and of the donee. (n)
Article 735. All persons who may contract and
dispose of their property may make a donation. Article 747. Persons who accept donations in
(624) representation of others who may not do so by
themselves, shall be obliged to make the
notification and notation of which article 749
Article 736. Guardians and trustees cannot donate
speaks. (631)
the property entrusted to them. (n)
Article 748. The donation of a movable may be

Article 737. The donor's capacity shall be
made orally or in writing.
determined as of the time of the making of the
donation. (n)
An oral donation requires the simultaneous
delivery of the thing or of the document
Article 738. Al those who are not specially
representing the right donated.
disqualified by law therefor may accept donations.
(625)
If the value of the personal property donated
exceeds five thousand pesos, the donation and the
Article 739. The following donations shall be void:
acceptance shall be made in writing. Otherwise,
the donation shall be void. (632a)
(1) Those made between persons who were guilty
of adultery or concubinage at the time of the
Article 749. In order that the donation of an
donation;
immovable may be valid, it must be made in a
(2) Those made between persons found guilty of
public document, specifying therein the property
the same criminal offense, in consideration
donated and the value of the charges which the
thereof;
donee must satisfy.
(3) Those made to a public officer or his wife,
descendants and ascendants, by reason of his
office. The acceptance may be made in the same deed of
donation or in a separate public document, but it
shall not take effect unless it is done during the
In the case referred to in No. 1, the action for lifetime of the donor.
declaration of nullity may be brought by the
spouse of the donor or donee; and the guilt of the
donor and donee may be proved by preponderance If the acceptance is made in a separate
of evidence in the same action. (n) instrument, the donor shall be notified thereof in
an authentic form, and this step shall be noted in
both instruments. (633)
Article 740. Incapacity to succeed by will shall be
applicable to donations inter vivos. (n)
CHAPTER 3
Effect of Donations and Limitations Thereon
Article 741. Minors and others who cannot enter
into a contract may become donees but
acceptance shall be done through their parents or Article 750. The donation may comprehend all the
legal representatives. (626a) present property of the donor, or part thereof,
provided he reserves, in full ownership or in
usufruct, sufficient means for the support of
Article 742. Donations made to conceived and himself, and of all relatives who, at the time of the
unborn children may be accepted by those persons acceptance of the donation, are by law entitled to
who would legally represent them if they were be supported by the donor. Without such
already born. (627) reservation, the donation shall be reduced in
petition of any person affected. (634a)
Article 743. Donations made to incapacitated
persons shall be void, though simulated under the Article 751. Donations cannot comprehend future
guise of another contract or through a person who property.
is interposed. (628)
By future property is understood anything which but if he should die without having made use of
the donor cannot dispose of at the time of the this right, the property or amount reserved shall
donation. (635) belong to the donee. (639)
Article 752. The provisions of article 750 Article 756. The ownership of property may also
notwithstanding, no person may give or receive, be donated to one person and the usufruct to
by way of donation, more than he may give or another or others, provided all the donees are
receive by will. living at the time of the donation. (640a)
The donation shall be inofficious in all that it may Article 757. Reversion may be validly established
exceed this limitation. (636) in favor of only the donor for any case and
circumstances, but not in favor of other persons
unless they are all living at the time of the
Article 753. When a donation is made to several
donation.
persons jointly, it is understood to be in equal
shares, and there shall be no right of accretion
among them, unless the donor has otherwise Any reversion stipulated by the donor in favor of a
provided. third person in violation of what is provided in the
preceding paragraph shall be void, but shall not
nullify the donation. (614a)
The preceding paragraph shall not be applicable to
donations made to the husband and wife jointly,
between whom there shall be a right of accretion, Article 758. When the donation imposes upon the
if the contrary has not been provided by the donor. donee the obligation to pay the debts of the donor,
(637) if the clause does not contain any declaration to
the contrary, the former is understood to be liable
to pay only the debts which appear to have been
Article 754. The donee is subrogated to all the
previously contracted. In no case shall the donee
rights and actions which in case of eviction would
be responsible for the debts exceeding the value
pertain to the donor. The latter, on the other hand,
of the property donated, unless a contrary
is not obliged to warrant the things donated, save
intention clearly appears. (642a)
when the donation is onerous, in which case the
donor shall be liable for eviction to the
concurrence of the burden. Rules
When there is a stipulation to pay debts, the following rules

Example of First Sentence- The donor shall also be liable for
eviction or hidden defects in case of bad faith on his part. (638a) must apply:
(a) Pay only for prior debts (not for debts contracted after the
X bought a Lincoln Town Car from Y, and then donated the same
donation had been made, unless there is a stipulation to this
car to R. If the car has a hidden defect, the right of the buyer
(X) to sue the seller (Y) for breach of warranty would appertain effect).
not to X but to R. In other words, R would step into the shoes of
X. (b) Pay only for debts up to the value of the property donated
(unless the contrary is stipulated or intended).
Examples of the Second Sentence. — “The latter (donor), upon
the other hand, is not obliged to warrant the things donated, Example
save when the donation is onerous in which case, the donor shall
be liable for eviction to the concurrence of the burden’’: A owes B P10 million. Later A donated his land to X in a simple
donation inter vivos. The value of the land is P6,000,000. There
1) A donated to B a piece of land, which A thought belonged to was a stipulation in the deed of donation that X should pay A’s
him (A). If the real owner should oust or evict B, will A be debts. After the perfection of the donation, A borrowed
responsible to B? ANS.: No, because the donation was made in P4,000,000 from C. How much all in all must X pay?
good faith, A thinking he owned the land.
ANS.: X must pay only P6,000,000. In the fi rst place, he is not
2) Same problem as (1) but A knew he did not own the land. liable for the new debt of P4,000,000. In the second place, while
ANS.: Yes, A would be liable because of bad faith on his part. he is responsible only for prior debts, his liability is limited by
(See 2nd par., Art. 754). the value of the property which is P6,000,000 only.
3) A donated to B a piece of land worth P1 million with the Article 759. There being no stipulation regarding
condition that B would pay him only P200,000. If the land really the payment of debts, the donee shall be
belongs to another (R) and A really thought he (A) was the responsible therefor only when the donation has
owner, and B is evicted, would A be held responsible? ANS.: been made in fraud of creditors.
Yes, even though he was in good faith, but only up to P200,000
which was the amount of the burden, the donation being in part
onerous. The donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did
not reserve sufficient property to pay his debts
Article 755. The right to dispose of some of the prior to the donation. (643)
things donated, or of some amount which shall be
a charge thereon, may be reserved by the donor;
CHAPTER 4 This action cannot be renounced, and is
Revocation and Reduction of Donations transmitted, upon the death of the donor, to his
legitimate and illegitimate children and
descendants. (646a)
Article 760. Every donation inter vivos, made by a
person having no children or descendants,
legitimate or legitimated by subsequent marriage, Article 764. The donation shall be revoked at the
or illegitimate, may be revoked or reduced as instance of the donor, when the donee fails to
provided in the next article, by the happening of comply with any of the conditions which the
any of these events: former imposed upon the latter.
(1) If the donor, after the donation, should In this case, the property donated shall be
have legitimate or legitimated or illegitimate returned to the donor, the alienations made by the
children, even though they be posthumous; donee and the mortgages imposed thereon by him
being void, with the limitations established, with
regard to third persons, by the Mortgage Law and
(2) If the child of the donor, whom the
the Land Registration laws.
latter believed to be dead when he made the
donation, should turn out to be living;
This action shall prescribe after four years from
the noncompliance with the condition, may be
(3) If the donor subsequently adopt a
transmitted to the heirs of the donor, and may be
minor child. (644a)
exercised against the donee's heirs. (647a)
A donor at the time of donation already had an

unacknowledged natural child. After the donation, he recognized Article 765. The donation may also be revoked at
the natural child. What article applies, Art. 760 or Art. 771? the instance of the donor, by reason of ingratitude
ANS.: Art. 771 because for Art. 760 to apply, it is essential that in the following cases:
the donor, at the time of donation had no child.
(1) If the donee should commit some

The recognition afterwards is not important. What is offense against the person, the honor or the
vital is for the natural child to have been born after the
property of the donor, or of his wife or children
donation. (See Art. 760, par. 1). Of course, if the natural child is
born after the donation and is later on recognized, the value of under his parental authority;
the estate is that which it had at the time of birth (Art. 761), but
the prescriptive period is to be counted from the recognition or
(2) If the donee imputes to the donor any
the judicial declaration of fi liation
criminal offense, or any act involving moral
turpitude, even though he should prove it, unless
Article 761. In the cases referred to in the the crime or the act has been committed against
preceding article, the donation shall be revoked or the donee himself, his wife or children under his
reduced insofar as it exceeds the portion that may authority;
be freely disposed of by will, taking into account
the whole estate of the donor at the time of the
(3) If he unduly refuses him support when
birth, appearance or adoption of a child. (n)
the donee is legally or morally bound to give
support to the donor. (648a)
Article 762. Upon the revocation or reduction of
the donation by the birth, appearance or adoption
Article 766. Although the donation is revoked on
of a child, the property affected shall be returned
account of ingratitude, nevertheless, the
or its value if the donee has sold the same.
alienations and mortgages effected before the
notation of the complaint for revocation in the
If the property is mortgaged, the donor may Registry of Property shall subsist.
redeem the mortgage, by paying the amount
guaranteed, with a right to recover the same from
Later ones shall be void. (649)
the donee.
Article 767. In the case referred to in the first

When the property cannot be returned, it shall be
paragraph of the preceding article, the donor shall
estimated at what it was worth at the time of the
have a right to demand from the donee the value
donation. (645a)
of property alienated which he cannot recover
from third persons, or the sum for which the same
Article 763. The action for revocation or reduction has been mortgaged.
on the grounds set forth in article 760 shall
prescribe after four years from the birth of the
The value of said property shall be fixed as of the
first child, or from his legitimation, recognition or
time of the donation. (650)
adoption, or from the judicial declaration of
filiation, or from the time information was
received regarding the existence of the child Article 768. When the donation is revoked for any
believed dead. of the causes stated in article 760, or by reason of
ingratitude, or when it is reduced because it is
inofficious, the donee shall not return the fruits Those referred to in the preceding paragraph
except from the filing of the complaint. cannot renounce their right during the lifetime of
the donor, either by express declaration, or by
consenting to the donation.
If the revocation is based upon noncompliance
with any of the conditions imposed in the
donation, the donee shall return not only the The donees, devisees and legatees, who are not
property but also the fruits thereof which he may entitled to the legitime and the creditors of the
have received after having failed to fulfill the deceased can neither ask for the reduction nor
condition. (651) avail themselves thereof. (655a)
Article 769. The action granted to the donor by Article 773. If, there being two or more donations,
reason of ingratitude cannot be renounced in the disposable portion is not sufficient to cover all
advance. This action prescribes within one year, to of them, those of the more recent date shall be
be counted from the time the donor had suppressed or reduced with regard to the excess.
knowledge of the fact and it was possible for him (656)
to bring the action. (652)
Preference Given to Earlier Donations Preference is given to
Article 770. This action shall not be transmitted to earlier donations (first come first served). Therefore, if it is
essential to reduce, the subsequent ones must first be reduced.
the heirs of the donor, if the latter did not institute
Exception to Rule: Wedding gifts of jewelry, clothing and outfi t
the same, although he could have done so, and by parents and ascendants in favor of descendants shall not be
even if he should die before the expiration of one reduced (even if they be more recent), provided they do not
year. exceed one tenth (1/10) of the free portion.
Neither can this action be brought against the heir CHAPTER 3

of the donee, unless upon the latter's death the
complaint has been filed. (653)
Prescription of Actions
Article 771. Donations which in accordance with

Article 1139. Actions prescribe by the mere lapse
the provisions of article 752, are inofficious,
of time fixed by law. (1961)
bearing in mind the estimated net value of the
donor's property at the time of his death, shall be
reduced with regard to the excess; but this Article 1140. Actions to recover movables shall
reduction shall not prevent the donations from prescribe eight years from the time the possession
taking effect during the life of the donor, nor shall thereof is lost, unless the possessor has acquired
it bar the donee from appropriating the fruits. the ownership by prescription for a less period,
according to articles 1132, and without prejudice
to the provisions of articles 559, 1505, and 1133.
For the reduction of donations the provisions of
(1962a)
this Chapter and of articles 911 and 912 of this
Code shall govern. (654)
Article 1141. Real actions over immovables
prescribe after thirty years.
Rules Re Inofficious Donations
(a) Note that the value of the estate is that which it had, not at This provision is without prejudice to what is
the time of donation, but at the time of the donor’s death. established for the acquisition of ownership and
(The property left minus debts and charges plus the value other real rights by prescription. (1963)
of the donation equals the net hereditary estate
(b) Inofficious donations may not only be reduced; they may
be completely cancelled (when, for example, the donor had Article 1142. A mortgage action prescribes after
no free portion left, because of the presence of certain ten years. (1964a)
compulsory heirs). Example: If the compulsory heirs are
the surviving spouse (she gets 1/4 of the estate), one
legitimate child (1/2), and one illegitimate child (1/4), it is Article 1143. The following rights, among others
evident that everything constitutes the legitime, leaving specified elsewhere in this Code, are not
nothing at the free disposal of the donor. Here, all extinguished by prescription:
donations inter vivos should be totally reduced, unless of
course the compulsory heirs concerned refuse to institute
the action. (1) To demand a right of way, regulated in article
(c) Since the inofficiousness of the donation cannot be 649;
determined till after the donor’s death, it follows that in the
meantime, the donation is valid and ownership is
transmitted to the donee during the donor’s lifetime. (2) To bring an action to abate a public or private
nuisance. (n)
Article 772. Only those who at the time of the

donor's death have a right to the legitime and Article 1144. The following actions must be
their heirs and successors in interest may ask for brought within ten years from the time the right of
the reduction or inofficious donations. action accrues:
(1) Upon a written contract;
(2) Upon an obligation created by law; result was recognized by agreement of the
(3) Upon a judgment. (n) interested parties. (1972)
Article 1145. The following actions must be Article 1154. The period during which the obligee
commenced within six years: was prevented by a fortuitous event from
enforcing his right is not reckoned against him. (n)
(1) Upon an oral contract;
(2) Upon a quasi-contract. (n) Article 1155. The prescription of actions is
interrupted when they are filed before the court,
when there is a written extrajudicial demand by
Article 1146. The following actions must be
the creditors, and when there is any written
instituted within four years:
acknowledgment of the debt by the debtor.
(1973a)
(1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of

any act, activity, or conduct of any public officer
involving the exercise of powers or authority
arising from Martial Law including the arrest,
detention and/or trial of the plaintiff, the same
must be brought within one (1) year. (As amended
by PD No. 1755, Dec. 24, 1980.)
Article 1147. The following actions must be filed

within one year:
(1) For forcible entry and detainer;

(2) For defamation. (n)
Article 1148. The limitations of action mentioned

in articles 1140 to 1142, and 1144 to 1147 are
without prejudice to those specified in other parts
of this Code, in the Code of Commerce, and in
special laws. (n)
Article 1149. All other actions whose periods are

not fixed in this Code or in other laws must be
brought within five years from the time the right
of action accrues. (n)
Article 1150. The time for prescription for all kinds

of actions, when there is no special provision
which ordains otherwise, shall be counted from
the day they may be brought. (1969)
Article 1151. The time for the prescription of

actions which have for their object the
enforcement of obligations to pay principal with
interest or annuity runs from the last payment of
the annuity or of the interest. (1970a)
Article 1152. The period for prescription of actions

to demand the fulfillment of obligation declared by
a judgment commences from the time the
judgment became final. (1971)
Article 1153. The period for prescription of actions

to demand accounting runs from the day the
persons who should render the same cease in their
functions.
The period for the action arising from the result of

the accounting runs from the date when said

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Art. 457.

Alluvium is the soil deposited or added to (accretion) the lands

Failure to register the acquired alluvial deposit by accretion for a

Article 458. The owners of estates adjoining ponds

‘Avulsion’ it is the force of the reviser; it is the process whereby

Article 464. Islands which may be formed on the

Example: When a valuable diamond (the accessory — because

If either one of the owners has made the ADJUNCTION

Article 472. If by the will of their owners two

COMMIXTION (if solids are mixed).

Failure on the owner’s part to act accordingly will be met with

If in the making of the thing bad faith intervened,

Article 487. Any one of the co-owners may bring

TENANCY IN COMMON (Co-ownership)

Article 494. No co-owner shall be obliged to

A, a co-owner was indebted to B. B sued to recover the debt,

[NOTE: The procedure applies whether the property is real or

Article 499. The partition of a thing owned in TITLE V

Article 525. The possession of things or rights may

Article 530. Only things and rights which are

Mistake upon a doubtful or difficult question of law CHAPTER 2

Possession in Good Faith or Bad Faith

(a) By material occupation (detention) of a thing or the exercise

Consequences: Article 537. Acts merely tolerated, and those

Exceptions to General Rule:

CHAPTER 3 While IN POSSESSION

(b) The possession must be in the concept of owner (not mere

IN PRESCRIPTION Article 545. If at the time the good faith ceases,

Article 547. If the useful improvements can be

If the possessor of a movable lost or which the

Bar Qs. CHAPTER 1

(a) ESSENTIAL characteristics- a REAL right, a temporary

2. If A gives B the usufruct of A’s land, and A’s land is being

Article 577. The usufructuary of woodland may

(c) A usufructuary introduced useful improvements which he can

(b) If the co-owners make a partition, without the intervention

(c) after the usufruct (like the duty to return and

Article 583. The usufructuary, before entering

Furthermore, the owner may, if he so prefers, until

‘Caucion Juratoria’ The “promise under oath” is called a “caucion

(1) By the death of the usufructuary, unless a

Rule if Usufruct is a UNIVERSAL One

3) But precisely because there was no usufruct on the

Article 608. If the usufructuary shares with the

SECTION 1 Nonapparent easements are those which show no

non-apparent easements — they show no external indication

Article 615. Easements may be continuous or

Article 620. Continuous and apparent easements

Article 621. In order to acquire by prescription the

If it be necessary for such purpose to occupy lands

Article 639. Whenever for the diversion or taking

SECTION 1 Article 640. Compulsory easements for drawing

Article 642. Any person who may wish to use upon

Article 653. In the case of the preceding article, if

Article 655. If the right of way granted to a

Article 658. The easement of party wall shall be

This article speaks of proportionate contribution to repairs and

Article 665. The other owners who have not

Article 667. No part-owner may, without the