Property (Civil Law Reviewer) Arellano University School of Law

2013 PROPERTY (CIVIL LAW REVIEWER) | ARELLANO UNIVERSITY SCHOOL OF LAW
Primary Reference:
PROPERTY (2008), by Elmer T. Rabuya
Secondary Reference:
AUSL Bar Operations Commission 2013
Title I
CLASSIFICATION OF PROPERTY
Preliminary Provisions
r
A v
(r e
1
P a
R s
T
r a
T
h m
T e
Eh a
x n
I s
n
(1) u t
t o
i
l
s
i
a
t
t
y
i
,
s
f
o y
r
h
t u
h m
a a
t n
i n
t e
e
c d
a s
n ;
s a
e n
Notes By: ENGR. JESSIE A. SALVADOR,MPICE http://twitter.com/engrjhez

d m
u
s
t
(2) s
u
b h
s a
t v
a e
n
t a
i n
v
i a
t u
y t
o
o n
r o
m
i o
n u
d s
i
v a
i n
d d
u
a s
l e
i p
t a
y r
, a
t
o e
r
e
t x
h i
a s
t t
e
t n
h c
e e
.
t
h
i Chapter 1
n IMMOVABLE PROPERTY
g
A
r

(1) d
L h
a e
n r
d e
, d
b
u t
i o
l
d t
i h
n e
g
s
s
,
o
r
i
o
l
a
;
d
s
(2) Trees, plants, and growing fruits,
a while they are attached to the land or
n form an integral part of an
d immovable;
(3) Everything attached to an immovable
c in a fixed manner, in such a way that
o it cannot be separated therefrom
n without breaking the material or
s deterioration of the object;
t (4) Statues, reliefs, paintings or other
r objects for use or ornamentation,
u placed in buildings or on lands by the
c owner of the immovable in such a
t manner that it reveals the intention to
i attach them permanently to the
o tenements;
n
s (5) Machinery, receptacles, instruments
or implements intended by the owner
of the tenement for an industry or
o
works which may be carried on in a
f
building or on a piece of land, and
which tend directly to meet the needs
a of the said industry or works;
l
l (6) Animal houses, pigeon-houses,
k beehives, fish ponds or breeding
i places of similar nature, in case their
n owner has placed them or preserves
d them with the intention to have them
s permanently attached to the land, and
forming a permanent part of it; the
animals in these places are
a
l
e
4
1
5
,
p
a
r
.
o
f
C
1. lI
A
m
r
m
t
o
i
v
c
a
l
b
e
l
e
4
1
b
5
y
;
n
2.
a I
t m
u m
r o
e v
a
b
—
l
p
e
a
r
. b
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o i
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o
A
r
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t p
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. t
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4
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r 5
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i
c
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e
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d
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s
o t
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A t
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4 p
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s
.
n
4 a
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o
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y
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9
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4. I 4
m 1
m 5
o .
v
a R
b
(1) A
l p
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r
b o
y p
r
a i

a
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i
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t
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a
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.
b
(2)
e U
i t
n i
g l
i
o t
b y
t
a -
i
n A
e b
d i
l
e i
v t
e y
n
t
i o
f
s
n e
o r
t v
e
I
a n
s d
i
a v
i
m d
e u
a a
n l
s i
t
t y
o
-
s
a I
t t
i
s h
f a
y s
h a
u
m
s
a
e
n
p
a
n
r
e
a
e
t
d
e
s
a
(3) S
n
u
d
b
s
t a
a u
n t
t o
i n
v o
i m
t o
y u
s
o
r e
x

i s
s
t Belongi
e ng to
n everyon
c e
e -wind,
sunlight,
air
C c. R
1. A e
s s
t a
o l
i
n c
a u
t j
u u
r s
e
Belongi
a. ng to
someon
e
- shares
of stock
2. A
s
t
o
m
o
Belongi
ng tob no
one i
-wildl
i
animals
b. t
y
a. M
o
v
a
b
l
e
/
-sea
b. P
r
i
v
a
t
e
- -car
televisio
4. A
n sets
b.
t
o
a
l
i
e
n
a
b
i
l
i
t
y
-
3. A a. W
s i
t
t h
o i
n
o
w t
n h
e e
r
s c
h o
i m
p m
e
a. r
c
e
o
f

a. p
r
- e
residentis
al e
building n
b. t
b. f
u
t
u
r
e
6. A
s
t
o
m
a
t
e
r
i
a
l
i
t
y
a. T
-public a
plaza n
5. A g
s i
b
t l
o e
/
e
x c
i o
s r
t p
e o
n r
c e
i
p
a
- l
b.
b. A
c
c
e
s
s
o
r
y
8. A
s
t
o
s
u
b
s
t
i
t
-Rights
u
or credit
t
7. A i
s o
n
t
o a. F
u
d n
e g
p i
e b
n l
d e
e
n -
c Capable
e of
substitut
a. ion of
same
kind and
quantity

b. a. G
e
n
e
r
i
c
-
Referrin
g to a
group or
class
- b. S
Incapablp
e ofe
substitutc
ion; i
Identicalf
thing i
must bec
given or
returned
-
9. A Referrin
s g to
single,
t unique
o object
10. A
n s
a
t t
u o
r
e c
u
o s
r t
o
d d
e y
f
i o
n f
i
t t
e h
n e
e
s
c
s
o
u
r t
t h
e
a.
t
h
i
n
g
i
t
s
e
l
f
a
n
d
b. i
s
t
h
e
I
- m m
B o
a s
s t
e
d i
m
o p
n o
r
t
t a
h n
e t
n i
a n
t
u
r p
e o
i
n
o t
f
o

f i
n
l g
a
w t
h
b e
e r
c e
a f
u r
s o
e m
:
o
f (1) Appl
ying
t the
h rule
e s of
acq
uisiti
v
ve
a
pres
r
cript
i
ion
o
u (2) Det
s ermi
ning
the
l
prop
e
riety
g
of
a
the
l
obje
c
ct of
o
the
n
cont
s
ract
e
s of
q
pled
u
ge,
e
chat
n
tel
c
mort
e
gag
s
e
and
f real
o esta
l te
l mort
o gag
w e
(3) .
T
h
e
S
u
p
r
e
m
e
C
o
u
(4) r
t
e
x
p
l
a
(5) i
n
e
d
:
“
A
h
o
u
s
e
(6)
i
s
c
l
a
s
s
i
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d
a
s
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u i
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m
. o
B v
a

t
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t
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A
r
t
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4
1
5
,
p
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C
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)
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a
,
S
C
R
A
6
4
9
(
1
9
6
2
)
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u
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t
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e
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o

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v
.
V
d
a
.
D
e
L
a
c
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n
a
,
1
2
1
S
C
R
A
3
3
1
(
1
9
8
3
)
B
u
N
.
B
.
P
o
s
s
e
s
s
o
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m
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i
o
n
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f
t
h
e
C
A
,
t
h
e
S
u
p
r
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m
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C
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L
a
d
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r
P
h
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l
.
4
0
1
(
1
9
5
8
)
I
n
N
.
B
.
T
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t
r
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a
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o
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.

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a
y
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c
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a
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o
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e
(
V
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c
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n
d
S
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m
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)
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o
t
,
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d
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w
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s
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.
”
T
u
m
a
l
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d
v
.
V
i
c
e
n
c
i
o
,
4
1
S
C
R
A
1
4
3
(
1
9
7
1
)
I
Art. 415. The following are immovable
property
:
(1) Land, buildings, roads and constructions
of all kinds adhered to the soil;
- N
e
w
b
C u
i t
v
i e
l n
C u
o m
d e
e r
a
d t
o e
e s
s
w
N h
O a
T t
d a
e r
f e
i
n c
e o
n
i s
m i
m d
o e
v r
a e
b d
l
e a
s
o
r suc
h
-r B
e e
a s
l t
p
r e
o x
p a
e m
r p
t l
y e

i c
s o
n
L s
A i
N d
D e
r
- M e
u d
s
t p
e
b r
e s
o
n
a
a
d
l
h
p
e
r
r
o
e
p
d
e
r
t t
o y
)
s
-o A
i s
l
(
e
E
x
x
p
.
l
a
s i
h n
o e
v d
e
l
i
f
n
u
l
o B
f i
s
c
l
e
a
r
n
r
d
a
v i
. m
m
T o
e v
n a
e b
z l
a e
,
p
a r
o
h p
o e
u r
s t
e y
( b
o y
r
r
a e
a
s
b
o
u
n
i
l
d o
i f
n
g i
) t
s
i
s a
d
c h
l e
a r
s e
s n
i c
f e
i
e t
d o
a t
s h
e

I
s L
o D
i I
l N
o G
n S
,
w
h c
i o
c n
h s
i
i d
t e
r
e
i
d
s
i
b
m
u
m
i
o
l
v
t
a
.
b
l
Thu e
s, a
buil
p
ding
r
whic
o
h is
v
mer
i
ely
d
sup
e
erim
d
pos
ed
on t
the h
soil e
is y
not
a a
real r
prope
erty.
- I m
n o
r
B e
U
-o R
r u
l
l e
e
s i
s s
o n
f o
t
a
a
p f
e f
r e
m c
a t
n e
e d
n
t b
y
s
t t
r h
u e
c
t f
u a
r c
e t
,
t
a h
d a
h t
e
r t
e h
d e
t b
o u
i
t l
h d
e i
n
s g
o
i i
l s

r
e t
r i
e e
c s
t
e s
d o
o a
n g
r
a e
e
l d
a
n t
d h
a
o t
w
n t
e h
d e
b b
y u
i
a l
n d
o i
t n
h g
e
r (
o
p r
e
r h
s o
o u
n s
e
- I )
f
i
t s
h
e a
p p
a e
r
s
o c
n h
a a
l t
p t
r e
o l
p m
e o
r r
t t
y g
a
a g
n e
d ,
a t
h
p e
r y
o
p a
e r
r e
s e
u s
b t
j o
e p
c p
t e
d
o
f f
r
t o
h m
e
d
c e
o n
n y
t i
r n
a g
c
t t
h
o e
f

e e
x m
i ,
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(2) Trees, plants, and growing fruits, while

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EXCEPTION: The moment they are detached or land, and which tend directly to meet the
uprooted from the land, they become needs of the said industry or works;
PERSONAL PROPERTY.
Requisites:
EXCEPTION TO THE EXCEPTION: In case of
(1) They must be machinery, receptacles,
UPROOTED TIMBER, although no longer
instruments or implements;
attached, still forms an “integral part” of the
(2) They must be placed by the owner of the
timber land thus IMMOVABLE.
tenement or by his agent;
(3) Everything attached to an immovable in a (3) There must be an industry or work
fixed manner, in such a way that it cannot be carried in such building or on the piece
separated therefrom without breaking the of land; and
material or deterioration of the object; (4) They must tend directly to meet the
needs of said industry or work.
N.B.
Civil Code nowhere requires that N.B.
the attachment or incorporation be made by the
owner of the land or immovable himself.
If the parties treat the machinery as chattels, they Transportation business is not carried on in a
are bound by their agreement under the building or in the compound.
principle of estoppel notwithstanding the fact Machines, etc., must tend directly to meet needs
that the machinery may have been attached to of said industry or works. Machines must be
an immovable in a fixed manner and may not ESSENTIAL and PRINCIPAL elements in the
be separated therefrom without breaking the industry. Ex. Machineries of breweries in liquor
material or deterioration of the object to which factory
it is attached. Paragraph 5 refers to real property by
DESTINATION or PURPOSE. If the machinery,
receptacles, instrument or implements are not
(4) Statues, reliefs, paintings or other objects placed by the owner of the tenement or by his
for use or ornamentation, placed in buildings agent, these properties remain as movables
and are not converted into real properties.
or on lands by the owner of the immovable in Before movables may be deemed immobilized in
such a manner that it reveals the intention to contemplation of paragraph 5 of Article 415, it
attach them permanently to the tenements; is necessary that they must be “essential” and
“principal” elements of the industry or works
without which such industry or works would be
REQUISITES unable to function or carry on the industrial
They must be placed in buildings or on lands by purpose for which it was established.
[M]achinery which is movable in its nature only
the owner of the immovable or by his agent; and becomes immobilized when placed in a plant
The attachment must be intended to be by the owner of the property or plant, but not
permanent when so placed by a tenant, a usufructuary, or
any person having only a temporary right,
unless such person acted as the agent of the
Paragraph 3 Paragraph 4 owner. (Davao Sawmill v. Castillo, G.R. No. L-
CANNOT be separated CAN BE SEPARATED 40411, August 7, 1935)
from immovable without from immovable without
breaking or deterioration breaking or deterioration
Need not be placed by the Must be placed by the Effect of separation when no longer used:
owner (Ladera vs Hodges, owner, or by his agent, reverts to condition of chattel
CA, 48 O.G 5374) express of implied
When separated temporarily but will still

Real property by Real property by
incorporation incorporation and
serve industry:
destination Continues to be immovable
(6) Animal houses, pigeon-houses, beehives,

(5) Machinery, receptacles, instruments or fish ponds or breeding places of similar
implements intended by the owner of the nature, in case their owner has placed them
tenement for an industry or works which may or preserves them with the intention to have
be carried on in a building or on a piece of them permanently attached to the land, and
forming a permanent part of it; the animals in has a right against all a definite passive subject
persons generally as an
these places are included; indefinite passive subject
Object is generally a Object always an
N.B. corporeal thing incorporeal thing
For animals temporarily outside, still Created by ‘mode’ and ‘title’ Created by ‘title’
considered REAL PROPERTY as long as Extinguished by the loss or Personal right survives the
the INTENT TO RETURN is present destruction of the thing subject matter
Ex. Homing pigeon which it is exercised
Directed against the whole Directed against a
world (actio in rem, against particular person (actio in
(7) Fertilizer actually used on a piece of land; 3rd persons) personam)
N.B. Classes of Immovable or real property

Fertilizers still in the barn but wrapped are (“NIDA”)
still considered PERSONAL PROPERTY,
since not yet actually used.
1. BY NATURE
-cannot be carried from place to place
(8) Mines, quarries, and slag dumps, while
the matter thereof forms part of the bed, and
waters either running or 2. BY INCORPORATION
stagnant; -attached to an immovable in a fixed
manner to be an integral part thereof
- Extracted minerals are already chattels.
- “Slag Dump” is the dirt and soil taken 3. BY DESTINATION
from a mine and piled upon the surface -placed in an immovable for the utility it
of the ground gives
- “Water” itself as distinguished from
“waters” is clearly personal property 4. BY ANALOGY
- regarded as united to the immovable
(9) Docks and structures which, though property by express provision of law
floating, are intended by their nature and
object to remain at a fixed place on a river, Chapter 2 MOVABLE PROPERTY
lake, or
coast;
Art. 416. The following things are deemed to
be personal property:
N.B.
Floating houses are considered REAL
PROPERTY is used as residence, (1) Those movables susceptible of
considering that the “waters” are
appropriation which are not included in the
considered immovables
preceding article:
-Ex. cell phone
(10) Contracts for public works, and
servitudes and other real rights over
immovable (2) Real property which by any special
property. provision of law is considered as personal
property:
N.B. -Ex. Growing crops for purposes of
The piece of paper on which the contract for Chattel Mortgage Law (Sibal vs. Valdez,
public has been written is necessarily 50 Phil 512)
PERSONAL PROPERTY, but the contract
itself / right of the contract is REAL
PROPERTY. (3) Forces of nature which are brought under
control by science; and
REAL RIGHT PERSONAL RIGHT -Ex. Electricty, gas, light
Definite active subject who Definite active subject and
(4) In general, all things which can be Art. 418. Movable property is either
transported from place to place without consumable or non-consumable. To the first
impairment of the real property to which they class belong those movables which cannot
are fixed. be used in a manner appropriate to their
-Ex. Machineries not attached to land nature without their being consumed; to the
second class belong all the
others.
Tests of Movable Character

CONSUMABLE NON-CONSUMABLE
This cannot be used Any other kind of movable
1. Test by Exclusion according to its nature property
-Whether the property was not without being consumed
enumerated in Art. 415 (expressio unius As to the intention of parties
FUNGIBLE NON-FUNGIBLE
est exclusio alterius)
Capable of substitution of Incapable of substitution;
same kind and quantity Identical thing must be
2. Test by Description given or returned
-Whether the property can be
transported or carried from place to
place; Whether such change of location
can be made without injuring the Chapter 3 PROPERTY IN RELATION TO
immovable to which the object may be WHOM IT BELONGS
attached; unless expressly included in
Art. 415 Art. 419. Property is either of public
dominion or of private ownership.
N.B.
Test by Exclusion is superior.
PROPERTY OF PUBLIC DOMINION, defined: It
is not owned by the state but pertains to the
Art. 417. The following are also considered state, which, as territorial sovereign, exercises
as personal certain juridical prerogatives over such property.
property: The ownership of such properties is in the social
group, whether national, provincial or municipal.
(1) Obligations and actions which have for
their object movables or demandable sums; N.B.
Since the ownership of public dominion
and belong to the public in general and not to
(2) Shares of stock of agricultural, the state, the latter may not make them
object of commerce unless they are
commercial and industrial entities, although
properly converted into patrimonial
they may have real estate. property.
N.B. Kinds of Public Dominion

Even if the sole property of a corporation (1) For public use (Art. 420[1])
consists only of real property, a share of
stock in said corporation is considered (2) For public service (Art. 420[2]), NCC) (3)
personal property (Cedman vs Winslow, 10 For the development of national wealth.
Mass 145) (Art. 424[1], NCC)(420)(2), NCC)
Is money considered merchandise? N.B.

No. In domestic circulation, money is a LEGAL Property is presumed to be State property in
the absence of any showing to the
TENDER, and NOT MERCHANDISE. contrary. (Regalian Doctrine)
Exception: When attempted to be exported or
smuggled, money is considered as merchandise
or commodity subject to forfeiture. Art. 420. The following things are property of
public ownership. (Faustino Ignacio v. Director of

Lands, G.R. No. L-12958, May 30, 1960)
dominion: It is not necessary, therefore, that a plaza be
already constructed of- laid out as a plaza
in order that it be considered property for
Those intended for public use, such as public use. It is sufficient that it be
roads, canals, rivers, torrents, ports and intended to be such. (Manila Lodge No. 761
bridges constructed by the State, banks, v. CA, G.R. No. L-41012, September
shores, roadsteads, and others of similar 30, 1976)
character;
Art. 423. The property of provinces, cities,
Examples: and municipalities is divided into property
Public streams, natural beds of rivers, for public use and patrimonial property.
river channels, waters of rivers, creeks
Art. 424. Property for public use, in the
(2) Those which belong to the State, without provinces, cities, and municipalities, consist
being for public use, and are intended for of the provincial roads, city streets,
some public service or for the development municipal streets, the squares, fountains,
of the national wealth. public waters, promenades, and public
works for public service paid for by said
provinces, cities, or municipalities.
Art. 421. All other property of the State,
which is not of the character stated in the
preceding article, is patrimonial property. All other property possessed by any of them
is patrimonial and shall be governed by this
Code, without prejudice to the provisions of
PATRIMONIAL PROPERTY OF THE STATE
special laws.
- Are those owned by the state NOT
devoted to public use, public service or
the development of national wealth. N.B.
It is evident that the movable and immovable
- It is the property owned by the state in its property of a municipality, necessary for
private or proprietary capacity governmental purpose, may not be
- May be acquired by private individuals or attached and sold for the payment of a
corporations thru prescription judgment against the municipality. The
supreme reason for this rule is the
- May be an object of ordinary contract character of the public use to which such
kind of property is devoted. (Vda. de Tan
N.B. Toco v. Municipal Council of Iloilo (GR. No. L-
Patrimonial properties may be acquired by 24950, March 25, 1926)
private individuals or corporations In administering the patrimonial property of
THROUGH PRESCRIPTION (Art. 1113, municipalities, the municipal council
NCC) occupies, for most purposes, the position
of a board of directors of a private
corporation. (Mendoza v. De Leon, G.R. No.
Art. 422. Property of public dominion, when L-9596, February 11, 1916)
no longer intended for public use or for
public service, shall form part of the Art. 425. Property of private ownership,
patrimonial property of the besides the patrimonial property of the State,
State. provinces, cities, and municipalities,
consists of all property belonging to private
N.B. persons, either individually or collectively.
[U]ntil a formal declaration on the part of the
Government, through the executive
department or the Legislature, to the effect
that the land in question is no longer N.B.
needed for coast guard service, for public Article XII Secs. 7 and 8 of the 1987
use or for special industries, they continue
Constitution explicitly prohibits
to be part of the public domain, not nonFilipinos from acquiring or holding title
available for private appropriation or
to private lands or to lands of the public
domain except only by way of legal of the property and plurality of the
succession or if the acquisition was made
subjects
by a former natural-born citizen. (Ancheta
vs. Guersey-Dalaygon, G.R. No. 139868,
June 8, 2006)
Art. 427. Ownership may be exercised over
things or rights.
Art. 426. Whenever by provision of the law,
or an individual declaration, the expression
"immovable things or property," or "movable Art. 428. The owner has the right to enjoy and
things or property," is used, it shall be dispose of a thing, without other
deemed to include, respectively, the things limitations than those established by law.
enumerated in Chapter 1 and Chapter
2. The owner has also a right of action against
the holder and possessor of the thing in
Whenever the word "muebles," or order to recover
"furniture," is used alone, it shall not be it.
deemed to include money, credits,
commercial securities, stocks and bonds,
jewelry, scientific or artistic collections, The Civil Code does NOT define ownership.
books, medals, arms, clothing, horses or Instead, the Code simply enumerates the rights
carriages and their accessories, grains, which are included therein, as follows:
liquids and merchandise, or other things
which do not have as their principal object
the furnishing or ornamenting of a building, 1. Right to enjoy the property (Art. 428,
except where from the context of the law, or par. 1, NCC); Right to construct any
the individual declaration, the contrary works or make any plantations and
clearly excavations on the surface or
appears. subsurface of the land (Art. 437, NCC);
Right to hidden treasure found in the
owner’s property (Art. 438, NCC); Right
Title II OWNERSHIP Chapter 1 OWNERSHIP to accessions. (Art. 440, NCC)
IN GENERAL
2. Right to exclude any person from
enjoyment and disposal of the property
(Art. 429, NCC); Right to enclose or
OWNERSHIP – Independent and general right of
fence the land or tenement (Art. 430,
a person to control a thing particularly in his
NCC); (MOST IMPORTANT)
possession, enjoyment, disposition, and
recovery. Subject to no restriction except those
imposed by the state of private persons, without
prejudice. 3. Right to dispose the property (Art. 428,
par. 1, NCC); Right to recover the
TITLE – that which constitutes a just cause of property from any holder or possessor
exclusive possession or which is the foundation (Art. 428, par. 2, NCC); Right to demand
of ownership of property. indemnity for damages suffered due to
lawful interference by a third person to
avert an imminent danger (Art. 432,
Kinds of Ownership
NCC); the right to just compensation in
1. Full - includes all rights of owner
case of eminent domain (Art. 435, NCC);
2. Naked – right to use and fruits has been
denied
Rights of Person Over His Property
3. Sole – vested in only one person
The right to enjoy, which includes:
4. Co-Ownership – vested in two or more
owners; concept of co-ownership is unity
Jus utendi 2. Accion publiciana

the right to use; Plenary action to recover the better right
Jus fruendi of possession or plenaria de posesion.
the right to enjoy the fruits;
Prescriptive period to bring an action for
Jus abutendi the right to better right of possession except in
consume the thing by its use; and cases of forcible entry and unlawful
detainer: 10 years
Jus possidendi
the right to posses. Accion Interdictal Accion Publiciana
Possession de facto Possession de jure
Jus disponendi the
right to dispose (D-A-T-E) 3. Accion Reivindicatoria Action to
Destroy, Alienate, Transform, Encumber recover ownership over real property.
Jus vindicandi Prescriptive period:

the right to vindicate 10 years (ordinary prescription) –
(pursuit and recovery) requires good faith and just title.
Actions to Recover Ownership and 30 years (extraordinary prescription) –

Possession: REAL PROPERTY does not require good faith and just title
1. Accion Interdictal Summary action to Requisites:

recover physical possession, and not o Identity of the property
juridical possession nor ownership. o Plaintiff’s title to the property
a. Forcible Entry (detentacion) Action for Actions to Recover

recovery of material/physical possession Ownership and Possession: PERSONAL
was deprived thereof by force, PROPERTY
intimidation, strategy, threat or stealth
(F-I-S-T-S). REPLEVIN – recovery of personal property
(Rule 60, RoC)
b. Unlawful Detainer (desahuico)
Possession by a landlord, vendor, REAL RIGHT – autonomous power to derive
vendee or other person of any land or directly from an appropriate thing certain
building is being unlawfully withheld after economic advantages, independently of whoever
the expiration or termination of the right should be the possessor of the thing.
to hold possession, by virtue of any
contract.
PERSONAL RIGHT – power to demand of
another as definite passive subject the fulfillment
FORCIBLE ENTRY UNLAWFUL ENTRY of a prestation to give, to do or not to do.
When unlawful
Possession was unlawful Possession was lawful
from the beginning (ab initio) from beginning but became Modes of Acquiring Ownership
because of F-I-S-T-S unlawful afterwards All rights are acquired by virtue of certain facts.
As to filing of complaint They are called Modes of Acquiring Ownership,
Plaintiff must allege and Plaintiff need not been in in a general sense, those juridical facts
prove that he was in prior prior physical possession recognized by law as capable of giving rise to
physical possession
the right of ownership in a person.
As to reckoning date of 1-year prescription
Date of actual entry Date of last demand
The Modes of Acquiring Ownership May Be
Classified Into:
1. Original Modes – those which produce cemeteries for charity burial grounds of
deceased paupers and the promotion of
the acquisition of health, morals, good order, safety, or the
ownership independent of any pre- general welfare of the people. The
existing right of another person and, ordinance is actually a taking without
therefore, necessarily free from any compensation of a certain area from a
burdens or encumbrances. Ex. private cemetery to benefit paupers who
are charges of the municipal corporation.
occupation. Instead of building or maintaining a public
cemetery for this purpose, the city passes
the burden to private cemeteries. City
2. Derivative modes – those which
Government of Quezon v. Judge Ericta, G.R.
produce the acquisition of property No. L-34915, June 24, 1983.
based on right previously held by
another person and, therefore,
subject to the same characteristics,
powers, burdens, etc, as when held DOCTRINE OF SELF-HELP
by the previous owner. Ex. tradition.
Art. 429. The right of the owner or lawful
possessor to exclude any person from the
enjoyment and disposal of the property by
Mode Cause
Original Modes the use of such force as may be necessary to
Occupation Condition of being without repel or prevent actual or threatened
known owner unlawful physical invasion or usurpation of
Work which includes Creation, discovery or his property.
intellectual creation invention
Derivative Modes
Law Existence of
Requisites:
required 1. Person defending must be the owner or
conditions the lawful possessor.
Tradition Contract of the parties 2. Force used is reasonably necessary to
Donation Contract of the parties repel, prevent an invasion or usurpation
Prescription Possession in the concept
of his property; otherwise he shall be
of the owner.
Succession Death
liable for damages;
3. No delay; and
4. Actual or threatened physical invasion or
Limitations
usurpation
Imposed by the State (e.g. police power, power
of taxation, power of eminent domain)
N.B.
This can only be exercised at the time of actual
Police Power – inherent power of the state or threatened dispossession; unavailing when
that may limit property rights. It is based on possession has already been lost. Thus,
two legal maxims: possessor is entitled to remain on the property
until the owner or a person having a better
right ejects the former thru a judicial process.
“Sic utere tuo et alienum non laedas” (which German Management Services v. CA, G.R. No.
means “so as to use your property without injuring 76217, September 14, 1989
others)
Art. 430. Every owner may enclose or fence

“Salus populi est suprema lex” (which means
his land or tenements by means of walls,
“the welfare of the people is the supreme law”). Its
fundamental purpose is securing the general ditches, live or dead hedges, or by any other
welfare, comfort and convenience of the people. means without detriment to servitudes
constituted
N.B. thereon.
NOT POLICE POWER BUT EMINENT
DOMAIN: There is no reasonable relation Art. 431. The owner of a thing cannot make
between the setting aside of at least six (6) use thereof in such a manner as to injure the
percent of the total area of an private
rights of a third person.
The right to enclose or fence in Article 430 is also
subject to the limitation that it should not work
N.B. detriment to the servitudes constituted therein.
[T]he continued occupation by petitioners of Must be legitimately exercised and must not be
the two lots belonging to private attended with bad faith. Thus, if the lot owner
respondents, despite the expiration of the
fenced his property for the purpose of evicting
lease contracts over the same, petitioners
had become “undesirable lessees.” its occupant whose lease contract had already
However, it was improper for private expired, the lot owner is liable to said occupant
respondents to resort to fencing their for damage.
properties in order to remove petitioners The existence of this kind of servitude works as
from the premises in the light of the clear a limitation upon the right of the owner of the
provision of Article 536 of the Civil Code on lower tenement to enclose his property with
the matter. Villafuerte v. Court of Appeals, G.R.
walls or other means if the same will prevent
No. 134239, May 26, 2005
the passage of the water which naturally falls
from the higher tenement.
EXCEPTION: Art. 433. Actual possession under claim of

State of Necessity Article 432 ownership raises disputable presumption of
As a general rule, therefore, there is no cause of action ownership. The true owner must resort to judicial
for acts done by one person upon his own property in a process for the recovery of the property.
lawful and proper manner, although such acts
incidentally cause damage or an unavoidable loss to
another, as such damage or loss is damnum absque Art. 434. In an action to recover, the property
injuria. When the owner of property makes use thereof in must be identified, and the plaintiff must rely on
the general and ordinary manner in which the property is the strength of his title and not on the weakness
used, such as fencing or enclosing the same as in this
case, nobody can complain of having been injured,
of the defendant's claim.
because the inconvenience arising from said use can be
considered as a mere consequence of community life. Art. 435. No person shall be deprived of his
(Spouses Custodio v. CA, G.R. No.116100,
February 9, 1996)
property except by competent authority and for
public use and always upon payment of just
compensation.
DOCTRINE OF STATE OF NECESSITY Should this requirement be not first complied

“Doctrine of Incomplete Privilege” with, the courts shall protect and, in a proper
case, restore the owner in his possession.
Art. 432. The owner of a thing has no right to
prohibit the interference of another with the Art. 436. When any property is condemned or
same, if the interference is necessary to seized by competent authority in the interest
avert an imminent danger and the threatened of health, safety or security, the owner
damage, compared to the damage arising to thereof shall not be entitled to
the owner from the interference, is much compensation, unless he can show that such
greater. The owner may demand from the condemnation or seizure is unjustified.
person benefited indemnity for the damage
to him. Eminent Domain
The superior right of the State to own certain
Requisites: properties under certain conditions, and is a
1. Interference is necessary; and limitation on the right of ownership, with payment
2. Damage to another is much greater than of just compensation.
damage to property
3. Imposed by the owner (e. g. lease) Requisites of eminent domain:
4. Imposed by the grantor (e.g. prohibition 1. Taking must be done by competent
to the donees from partitioning the authority
property not exceeding 20 years. 2. Private property for public use
3. Payment of just compensation 4.
N.B. Observance of due process of law.
Imposed by law (e. g. easements, state
of necessity)
SURFACE RIGHT
HIDDEN TREASURE
Art. 437. The owner of a parcel of land is the
owner of its surface and of everything under GENERAL RULE: Hidden treasure belongs to
it, and he can construct thereon any works or the owner of the land, buildings or other property
make any plantations and excavations on which it is found.
which he may deem proper.
EXCEPTION: If finder is not the owner of the
Limitations: land, finder is entitled to ½ of the treasure if:
1. Servitudes; 1. Made in the property of another, or of the
2. Special laws and ordinances; state or any of its subdivisions;
3. Reasonable requirements of aerial 2. Made by chance;
navigation; and 3. Finder is not a trespasser/agent of the
4. Rights of third persons (Art. 431, NCC) landowner;
4. Finder is not a co-owner of the property
Restriction includes principles on human where it is found; and
relations and the prevention of injury to the rights 5. Finder is not married under the absolute
of third persons (Art. 19, 431). community or the conjugal partnership
system (otherwise his share belongs to
Rights over the land are indivisible, and the land the community).
itself cannot be half agricultural and half mineral.
The owner of the land is the owner of its surface EXCEPTION TO THE EXCEPTION: If the finder
and subsurface. Thus a party cannot claim is a trespasser, he shall not be entitled of any
ownership by acquisitive prescription of mineral share.
land by showing he was in possession of the N.B.
land or the surface thereof in the concept of If the ownership of the treasure is known,
but the owner is already dead, the same
agricultural land. (Republic v. CA) will not be considered “hidden treasure”
and must therefore go to the owner’s
rightful heirs.
Art. 438. Hidden treasure belongs to the
owner of the land, building, or other property
on which it is found.
(Chapter 2: RIGHT OF ACCESSION, skipped)
Nevertheless, when the discovery is made on
the property ofChapter
another, or of the State or any
3 QUIETING
of its subdivisions,OFand by chance, one-half
TITLE
thereof shall be allowed to the finder. If the
facie appearance of validity or legal
finder is a trespasser, he shall not be entitled
efficacy.
to any share of the treasure.
Art. 476. Whenever there is a cloud on title to

If the things found be of interest to science real property or any interest therein, by reason
of the arts, the State may acquire them at of any instrument, record, claim, encumbrance
their just price, which shall be divided in or proceeding which is apparently valid or
conformity with the rule stated. effective but is in truth and in fact invalid,
ineffective, voidable, or unenforceable, and
may be prejudicial to said title, an action may
Art. 439. By treasure is understood, for legal be brought to remove such cloud or to quiet
purposes, any hidden and unknown deposit
the title.
of money, jewelry, or other precious objects,
the lawful ownership of which does not
appear. An action may also be brought to prevent a
cloud from being cast upon title to real
property or any interest being litigated, the action is

imprescriptible.
therein.
The rule that the Statute of Limitations is not
available as a defense to an action to
remove a cloud from title can only be
Art. 477. The plaintiff must have legal or
invoked by a complainant when he is in
equitable title to, or interest in the real property possession.
which is the subject matter of the action. He
need not be in possession of said
property. Chapter 3 RUINOUS BUILDINGS AND
TREES IN DANGER OF FALLING
Art. 478. There may also be an action to quiet
title or remove a cloud therefrom when the Art. 482. If a building, wall, column, or any other
contract, instrument or other obligation has construction is in danger of falling, the owner
been extinguished or has terminated, or has shall be obliged to demolish it or to execute the
been barred by extinctive necessary work in order to prevent it from
prescription. falling
.
Art. 479. The plaintiff must return to the
defendant all benefits he may have received If the proprietor does not comply with this
from the latter, or reimburse him for expenses obligation, the administrative authorities may
that may have redounded to the plaintiff’s order the demolition of the structure at the
benefit. expense of the owner, or take measures to
insure public
safety.
Art. 480. The principles of the general law on
the quieting of title are hereby adopted insofar
as they are not in conflict with this Art. 483. Whenever a large tree threatens to fall
Code. in such a way as to cause damage to the land
or tenement of another or to travellers over a
public or private road, the owner of the tree
Art. 481. The procedure for the quieting of title shall be obliged to fell and remove it; and
or the removal of a cloud therefrom shall be should he not do so, it shall be done at his
governed by such rules of court as the expense by order of the administrative
Supreme Court shall authorities
promulgate. .
CLOUD (ON TITLE) - is a semblance of title N.B.

which appears in some legal form but which is in MERELY ASSIGNING TASK TO REMOVE
fact unfounded. RUINOUS TREES NOT EXCULPATORY:
As school principal, petitioner is expected
to oversee the safety of the school’s
Requisites of Action to Quiet Title premises. The fact that she failed to see
(1) The plaintiff or complainant has a legal the immediate danger posed by the dead
or an equitable title to or interest in the and rotting tree shows she failed to
exercise the responsibility demanded by
real property subject of the action; her position. Capili v. Spouses Cardaña,
(2) There is a cloud on title to real property G.R. No. 157906, November 02, 2006.
or any interest therein; and
(3) The deed, claim, encumbrance or
Title III CO-OWNERSHIP
proceeding claimed to be casting cloud
on his title must be shown to be in fact
invalid or inoperative despite its prima Art. 484. There is co-ownership whenever the
ownership of an undivided thing or right
N.B. belongs to different persons.
In an action to quiet title, the plaintiff need
not be in possession of the property.
In default of contracts, or of special
If the plaintiff in an action for quieting of title,
however, is in possession of the property provisions, co-ownership shall be governed
by the provisions of this Title. A co-owner may freely A partner has no power of
dispose of his ideal share of disposal unless agreed
the thing owned in common upon by all partners
Requisites of Co-Ownership As to 3rd persons
1. Plurality of subjects A co-owner does not A partner usually represents
2. Unity of object represent the co-ownership the partnership and binds
3. Recognition of ideal share the same
SOURCES OF CO-OWNERSHIP
1. law
Dual Nature of Co-Ownership
2. contract
1. Ownership over ideal share
3. succession
2. Joint ownership as a whole N.B.
Once partition or division is effected or once 4. fortuitous event or chance
the property is subdivided and distributed 5. occupancy
among co-owners, the coownership is
terminated.
A co-owner cannot claim a definite portion Art. 485. The share of the co-owners, in the
of a property owned in common. benefits as well as in the charges, shall be
[W]here the transferees of an undivided proportional to their respective interests.
portion of the land allowed a co-owner of
the property to occupy a definite portion Any stipulation in a contract to the contrary
thereof and has not disturbed the same, shall be
for a period too long to be ignored--the void.
possessor is in a better condition or right
(Potior est conditio possidentis). Clearly,
the plaintiff in this instance is barred from The portions belonging to the co-owners in
asserting her alleged right over the portion
the co-ownership shall be presumed equal,
subject matter in the instant case on the
ground that their right has been lost by unless the contrary is proved.
laches. Vda. de Cabrera v. Court of
Appeals, G.R. No. 108547, February 3, 1997
N.B.
If A, B, C and D contribute to a property in
LACHES – has been defined as the failure or the respective manner: 45%, 30% 15%
neglect, for an unreasonable and unexplained 10%. They cannot agree later that they will
contribute equally to payment of its taxes
length of time, to do that which by exercising due nor would they agree to get equal shares
diligence could or should have been done from the fruits thereof. Such stipulation is
earlier; it is negligence or omission to assert a void under Art. 485 of Civil Code.
right within a reasonable time, warranting a
presumption that the party entitled to assert it Art. 486. Each co-owner may use the thing
either has abandoned it or declined to assert it. owned in common, provided he does so in
accordance with the purpose for which it is
CO-OWNERSHIP PARTNERSHIP intended and in such a way as not to injure
As to creation the interest of the co-ownership or prevent
May exist without the Created only by reason of the other co-owners from using it according
necessity of a contract contract to their rights. The purpose of the
As to personality coownership may be changed by agreement,
Does not possess a juridical Has the juridical personality
express or implied.
personality distinct from the distinct from each of the
co-owners partners
As to purpose N.B.
Common enjoyment of the Profit from the things or The defendant, therefore, in occupying with
thing owned in common services contributed her husband the upper floor of the said
As to duration house, did not injure the interests of her
Agreement not to divide the No limit as to the time of co-owner, her sister, nor did she prevent
property exceeding 10 years existence the latter from living therein, but merely
is invalid; exercised a legitimate right pertaining to
her as co-owner of the property. Pardell v.
As to effect of death
Bartolome, G.R. No. L4656, November 18,
Death of a co-owner Death of a partner brings 1912.
does not dissolve the about the dissolution of
coownership partnership
As to disposal of share
Limitations on the Right to Use cannot prejudice the rights of the

(1) such use must be in accordance with the unimpleaded co-owners. However, any
purpose for which the thing is intended; judgment of the court in favor of the co-
(2) such use must be without prejudice to owner will benefit the others.
the rights of the other co-owners; and
(3) such use must not be in a manner as to right owned in common and to the taxes.
prevent the other co-owners from using the Any one of the latter may exempt himself
thing according to their own right. from this obligation by renouncing so much
of his undivided interest as may be
equivalent to his share of the expenses and
N.B.
taxes. No such waiver shall be made if it is
Each co-owner of property held pro indiviso
exercises his rights over the whole prejudicial to the co-ownership.
property and may use and enjoy the same
with no other limitation than that he shall Art. 489. Repairs for preservation may be
not injure the interests of his coowners,
the reason being that until a division is
made at the will of one of the co-owners, but
made, the respective share of each cannot he must, if practicable, first notify his
be determined and every coowner coowners of the necessity for such repairs.
exercises, together with his coparticipants Expenses to improve or embellish the thing
joint ownership over the pro indiviso shall be decided upon by a majority as
property, in addition to his use and
enjoyment of the same. Aguilar v. CA, G.R. determined in Article 492.
No. 76351, October 29, 1993.
The right of enjoyment by each co-owner is
limited by a similar right of the other
- Right to demand contribution from
coowners. A co-owner cannot devote coowners inherent for preservation
common property to his exclusive use to the expenses
prejudice of the co-ownership. Hence, if the
subject is a residential house, all the co- - Prior notice is required prior to execution
owners may live there with their respective of repairs or embellishment
families to the extent possible. However, if - Failure of prior notice for repairs may
one co-owner alone occupies the entire
house without opposition from the other co- still be effective,
owners, and there is no lease agreement, the - But absence of prior notice for
other coowners cannot demand the payment embellishment may lose the right to
of rent. Conversely, if there is an agreement
to lease the house, the co-owners can recover proportionate share
demand rent from the co-owner who dwells - A compelled co-owner to contribute
in the house. De Guia v. CA, G.R. No. 120864,
proportionally may opt to exercise
Art. 487. Any one of the co-owners may bring renunciation
an action in ejectment. Art. 490. Whenever the different stories of a
October 8, 2003 house belong to different owners, if the titles
of ownership do not specify the terms under
which they should contribute to the
necessary expenses and there exists no
agreement on the subject, the following rules
The term, “action in ejectment,” not only includes
shall be observed:
a suit of forcible entry (detentacion) or unlawful
detainer (desahucio), but all kinds of actions for (1) The main and party walls, the roof and
the recovery of possession, including an accion the other things used in common, shall
publiciana and a reinvindicatory action. be preserved at the expense of all the
owners in proportion to the value of the
story belonging to each;
- Action must be instituted for all coowners
(2) Each owner shall bear the cost of
- This action is also available even against
maintaining the floor of his story; the
a co-owner floor of the entrance, front door, common
- While a co-owner may bring an action in yard and sanitary works common to all,
ejectment under Article 487 without the shall be maintained at the expense of all
necessity of joining all the other the owners pro rata;
coowners as co- plaintiffs because the (3) The stairs from the entrance to the first
suit is deemed to be instituted for the story shall be maintained at the expense
benefit of all, any adverse judgment of all the owners pro rata, with the
exception of the owner of the ground
floor; the stairs from the first to the
second story shall be preserved at the
expense of all, except the owner of the
ground floor and the owner of the first
story; and so on
successively.
NCC) (4) when the

majority
The following acts refuses to
Art. 488. Each co-owner shall have a right to
of the majority are dismiss an
compel the other co-owners to contribute to administrato
the expenses of preservation of the thing or considered
prejudicial to the r who is
co-ownership: guilty of
(1) when the fraud or
- The Should there be no majority, or should the negligence
provisions resolution of the majority beresolutionseriously in his
are not calls
prejudicial to those interested in the for a
property
substantial managemen
applicable to owned in common, the court, at the instance
changesuch or t, or he does
Republic Act of an interested party, shall order not have the
No. 4276 measures as it may deem proper, including of
alteration
the common respectabilit
(The the appointment of an
property or y, aptitude,
Condominiu administrator.
of the use to and
m Act)
which it has solvency
Whenever a part of the thing been belongs required of
CONDOMINIUM – is exclusively to one of the co-owners, and the persons
dedicated
an interest in real remainder is owned in common, the holding such
by
property consisting preceding provisions shall apply only to the positions.
agreement
of a separate part owned in common or by its
interest in a unit in a
nature; Art. 493. Each co-owner shall ha
residential, industrial
- The law (2) when the ownership of his part and of the
or commercial
prohibits the resolution benefits pertaining thereto, and
building and an
making of goes therefore alienate, assign or mortg
undivided interest in
alterations beyond the even substitute another perso
common directly or
in the thing limit of mere enjoyment, except when personal
indirectly, in the land
owned in administrati involved. But the effect of the ali
on which it is the mortgage, with respect to the c
common on or
located and in other shall be limited to the portion whi
without the invades
common areas of allotted to him in the division upon
consent of proprietary
the building.
all the other rights of the termination of the co-
co-owners co-owners ownership.
Art. 491. None of the co-owners - The shall, law in violation
without the consent of the others, does make not of Article - Right to
alterations in the thing owned in common,
clarify the 491; alienate a
even though benefits for all would kind result of (3) when the co-owner’s
therefrom. However, if the withholding
consent of the majority pro indiviso
consent by one or more of the co-owners
necessary is authorizes share is
clearly prejudicial to the common for
interest, the lease, loans inherent
the courts may afford adequate relief
making of or other - Alienation
alterations contracts or mortgage
Art. 492. For the administration- The other
and better without
co-owners shall be
enjoyment of the thing owned in common, security,
can compel exposing limited to
the resolutions of the majority of the co-
the erring the thing to the portion
owners shall be
co-owner to serious as may be
binding.
undo what danger to allotted to a
has been the co-owner
There shall be no majority unless done at the the prejudice of - The binding
resolution is approved by the co-owners
latter’s who the other co- force of a
represent the controlling interest in the
expense owners; and contract
object of the co-ownership (Art. 1168, must be
recognized that the abstract other

vendee share in prior to
as far as it is
does not the terminati
legally acquire property on of
possible to anything held in cohabitati
do so — at all in common. on.
case a Spouses
quando res
physicall Del
non valet ut y Campo v. RIGHT OF LEGAL
ago, valeat segregate CA, G.R. REDEMPTION
quantum d area of No.
In the nature of a
the co- 108228,
valere privilege created by
owned lot February
potest is in fact 1, 2001 law partly for
(when a sold to SALE OF reasons of public
thing is of him. CONJUGAL PROPERTY policy and partly for
Since the WITHOUT
no effect as the benefit and
coowner/ CONSEN
I do it, it vendor’s T OF convenience of the
shall have undivided SPOUSE redemptioner, to
effect as far interest IS VOID: afford him a way out
could By
as [or in of what might be a
properly express
whatever be the provision disagreeable or
way] it can) object of of Article inconvenient
- “no one can the 124 of the association into
contract Family
give what he which he has been
of sale Code, in
does not between the trust. It is intended
have — the absence to minimize co-
nemo dat parties, of (court) ownership by
what the authority
quod non reducing the number
vendee or written
habet.” obtains consent of the participants
- Doctrine of by virtue of the until the community
“buyer in of such a other is done away with.
sale are spouse,
good faith” the same any
applies rights as dispositio Requisites for
the n or Exercise of Legal
vendor encumbra
N.B. had as Redemption
nce of the
[The Court coowner, (1) There must
conjugal
is] not in an property be a co-
unaware ideal shall be
of the share
ownership;
void.”
principle equivalen (2) One of the
Rules co-
that a co-
owner
t to the ownershi co-owners
considera p under sold his right
cannot tion given Art.147 of
rightfully under Family
to a
dispose their stranger;
Code
of a transactio
particular
prohibits (3) The sale
n. In any of the
portion of other
was made
parties to
a co- words, dispose before the
owned the partition of
by acts
property vendee
prior to
inter the co-
steps into vivos
partition the shoes
owned
their
among all of the share in property;
the co- vendor as the co- (4) The right of
owners. coowner owned redemption
However, and property
this acquires must be
without
should a exercised by
the
not proportio consent one or more
signify nate of the co-owners
within a (2) By made known notorious

to the other possessi
period of 30 prescription on of the
days to be of the thing co-owner.
property
counted or right in (3) The for the
from the favor of third evidence period
time that he persons or a thereof is required
clear and by law.
or they were co-owner; Adille v.
convincing
notified in (3) By Court of
writing by destruction Appeals,
N.B. G.R. No.
the vendee of the thing
Prescriptio L-44546,
or by the co- or loss of January
n, as a
owner the right mode of 29,
vendor; and which is terminati 1988
(5) The vendee owned in ng a
relation
must be common; ACQUISITIVE
of co-
reimbursed and ownershi PRESCRIPTION
for the price (4) By partition p, must Ordinary acquisitive
of the sale. of the have prescription requires
been
property preceded possession of things
Art. 494. No co-owner shall be owned
obliged to in by in good faith and
remain in the co-ownership. Eachcommon.
co-owner repudiati with just title for a
on (of the period of ten (10)
may demand at any time the partition of the
coowners
thing owned in common, insofar as his share
GENERAL is
RULE: hip). The years. Without good
concerned No prescription act of faith and just title,
. shall lie in favor of repudiati acquisitive
on, in prescription can only
co-owner or co- turn is
Nevertheless, an agreementheirs as long
to keep the as he
thing subject to be extraordinary in
expressly
undivided for a certain period of time, notor certain character which
exceeding ten years, shall be valid. This term
impliedly condition requires
s: (1) a uninterrupted
may be extended by recognizes a new the coowner
agreement. coownership. repudiate adverse possession
s the co- for thirty (30) years.
ownershi
EXCEPTION:
A donor or testator may prohibit partition for a p; (2)
EXTINCTIVE
period which shall not exceed When twentyco- such an
years. ownership is act of PRESCRIPTION
repudiati From the moment
repudiated.
Neither shall there be any partition when it is on is
one of the co-
prohibited by law. clearly
made owners claims that
In order that a title known to he is the absolute
No prescription shall run in may
favorprescribe in
of a co-owner the other and exclusive owner
favor or
or co-heir against his co-owners of co-heirs
co-owner:so co-
of the properties and
long as he expressly or impliedly(1)recognizes
The co- owners;
(3) the denies the others
the co-ownership. owner has evidence any share therein,
performed thereon is the question
unequivocal clear and
Causes of involved is no longer
acts of conclusiv
Extinguishment of repudiation e; and (4) one of partition but
Co-Ownership amounting to he has of ownership and
(1) By the been in the prescriptive
an ouster of possessi
merger in the other co- period will begin to
on
one person owners. through run and may
of all the (2) Such positive open, eventually operate
interest of acts of continuo to divest the real
us,
the co- repudiation owners of their right
exclusive
ownership; have been ; and to the property after
the lapse of the was made made. Likewise, ownership

applicable statutory notwithstanding a each co-owner lasted.
period. formal opposition shall pay for (2) It shall not
presented to damages caused prejudice
prevent it, without by reason of his the rights of
Art. 495.
prejudice to the negligence or third
Notwithstanding
right of the debtor fraud. persons,
the provisions of
or assignor to who shall
the preceding
maintain its Art. 501. Every co- retain the
article, the co-
validity. owner shall, after rights of
owners cannot
demand a physical partition, be liable mortgage,
division of the Art. 498. Whenever for defects of title servitude, or
thing owned in the thing is and quality of the any other
common, when to essentially portion assigned real rights
do so would indivisible and the to each of the belonging to
render it co-owners cannot other coowners. them before
unserviceable for agree that it be the division
the use for which allotted to one of - Action for was made.
it is intended. But them who shall partition is (3) Personal
the co-ownership indemnify the rights
imprescript
may be terminated others, it shall be pertaining to
ible and
in accordance with sold and its
cannot be third
Article 498. proceeds
barred by persons
distributed.
laches against the
Art. 496. Partition ownership
may be made by Art. 499. The shall also
Legal Effects of
agreement partition of a thing remain in
owned in common Partition
between the force.
shall not prejudice (1) The co-
parties or by (4) Mutual
third persons, who ownership is
judicial accounting
shall retain the terminated
proceedings. shall be
Partition shall be rights of and each
co-owner rendered by
governed by the mortgage,
becomes the co-
Rules of Court servitude, or any
the absolute owners to
insofar as they are other real rights
belonging to them and each other
consistent with with regard
this Code. before the division exclusive
was made. owner of the to benefits
Personal rights share and
Art. 497. The expenses
pertaining to third allotted to
creditors or and each
persons against him. And he
assignees of the coowner
the co-ownership shall be
co-owners may shall pay for
shall also remain deemed to
take part in the damages
in force, be in
division of the caused by
notwithstanding exclusive
thing owned in reason of
the partition. possession
common and his
object to its being of that
Art. 500. Upon portion negligence
effected without
partition, there which has or fraud. In
their concurrence.
shall be a mutual been the partition
But they cannot
accounting for allotted to among co-
impugn any
benefits received him even heirs, they
partition already
and during the shall
executed, unless
there has been reimbursements entire period reimburse
fraud, or in case it for expenses that the co- one another
for the
income and
fruits which
each one of
them may
have
received
from any
property of
the estate,
for any
useful and
necessary
expenses
made upon
such
property,
and for any
damage
thereto
through
malice or
neglect.
(5) Every co-
owner shall
be liable for
defects of
title and
quality of
the portion
assigned to
each of the
other
coowners.
End of Topic for

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2013 PROPERTY (CIVIL LAW REVIEWER) | ARELLANO UNIVERSITY SCHOOL OF LAW

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(2) Trees, plants, and growing fruits, while

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When separated temporarily but will still

(6) Animal houses, pigeon-houses, beehives,

N.B. Classes of Immovable or real property

Tests of Movable Character

N.B. Kinds of Public Dominion

Is money considered merchandise? N.B.

public ownership. (Faustino Ignacio v. Director of

Jus utendi 2. Accion publiciana

Jus vindicandi Prescriptive period:

Actions to Recover Ownership and 30 years (extraordinary prescription) –

1. Accion Interdictal Summary action to Requisites:

a. Forcible Entry (detentacion) Action for Actions to Recover

Art. 430. Every owner may enclose or fence

EXCEPTION: Art. 433. Actual possession under claim of

DOCTRINE OF STATE OF NECESSITY Should this requirement be not first complied

Art. 476. Whenever there is a cloud on title to

property or any interest being litigated, the action is

CLOUD (ON TITLE) - is a semblance of title N.B.

Limitations on the Right to Use cannot prejudice the rights of the

NCC) (4) when the

recognized that the abstract other

within a (2) By made known notorious

the lapse of the was made made. Likewise, ownership

End of Topic for

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