NATURAL ACCESSION ACCESSION MOVABLES

There are four forms of Natural Accesion There are three forms of accesion continua with respect to movable
(1) Alluvion; property:
(2) Avulsion; (1) adjunction or conjunction;
(3) Natural change of course of river; and (2) commixtion or confusion; or
(4) Formation of island. (3) specification

Requisites of Alluvion The distinguishing features of adjunction are the following:

(1) that the accumulation of soil or sediment be gradual and (1) that the two or more movables form a distinctive new thing;
imperceptible; and
(2) that it be the result of the action of the waters of the river; and
(2) that each one of the things making up the new one preserves its
(3) that the land where the accretion takes place is adjacent to the
own nature.
banks of the river.
Adjunction may take place in either of the following ways:
Compare and contrast Alluvion & Avulsion
(1) inclusion or engraftment;
But they differ, as follows:
(2) soldadura or attachment;
(1) In alluvion the deposit of soil is gradual; whereas, in avulsion it
(3) tejido or weaving;
is sudden and abrupt;
(4) pintura or painting; and
(2) In alluvion the deposit of soil belongs to the owner of the
(5) escritura or writing.
property where the same was deposited but in avulsion the owner
of the property from which a part was detached retains the
ownership thereof; Tests In Determining The Principal
(3) In alluvion, accession takes place immediately upon the deposit In determining which of the movables so united is the principal (and which
of the soil; whereas, in avulsion the right of accession takes place is the accessory), the following tests shall be applied:
only after two years from the attachment or incorporation of the (1) To which the other has been united as ornament or for its use
segregated portion of land to the riparian land and only if its owner or perfection is the principal, the thing added is the accessory;
fails to remove the same within said period; and (2) The thing of greater value is the principal and the other the
(4) In alluvion, the soil cannot be identified; in avulsion, the accessory;
detached portion can be identified. (3) If they are of equal value, then the one of greater volume;
(4) If not one of these tests can be applied, then the question will
Alluvion and avulsion share the following similarities: be resolved by taking into consideration all pertinent provisions
(1) that they both take place only along the banks of rivers, creeks, applicable as well as their respective merits, utility and volume.
streams and lakes; and
(2) that they are caused only by the force of the current of the
waters independently of the act of man.
 As when two or more persons catch a wild pig or get forest
products or when a hidden treasure is accidentally discovered by a
CO-OWNERSHIP
stranger, who is not a trespasser, on the land of another.
Requisites of Co-ownership
Sources of Co-ownership
In order that a coownership may exist the following requisites must concur:
Co-ownership may be created by any of the following causes: 1. Plurality of Subjects
2. Unity of the Object
3. Recognition of Ideal Share
(1) By law:
Through the will of the owner. Co-ownership may be extinguished or terminated by any of the following
In cases of cohabitation not falling under Article 147, only the causes:
properties acquired by both parties through their actual joint (1) By the merger in one person of all the interest of the co-
contribution shall be owned by them in common. ownership;
(2) By prescription of the thing or right in favor of third persons or a
(2) By contract: co-owner;
An agreement to keep the thing undivided for a certain period, not (3) By destruction of the thing or loss of the right which is owned in
exceeding ten years, shall be valid. This term may be extended by a common; and
new agreement. (4) By partition of the property owned in common.

When Partition Not Available

(3) By succession:
The action for partition will not be available in the following instances:
Where there are two or more heirs, the whole estate of the 1. When there is an agreement among the owners to keep the
decedent is, before its partition, owned in common by such heirs, thing undivided. However, such agreement must not exceed
subject to the payment of debts of the deceased. The testator may ten years.
likewise prohibit the partition of the estate among the heirs for a 2. When the donor or testator prohibits partition for a period
period not to exceed twenty (20) years. which shall not exceed twenty (20) years.
3. When the law prohibits partition such as when the origin or
(4) By fortuitous event or chance: juridical nature of co-ownership prevents partition:
Co-ownership will arise if two things of the same kind or different 4. When partition would render the thing unserviceable for the
kinds are mixed by chance and the things are not separable use for which it is intended.
without injury.
Limitations of the right to enjoy of the object of co-ownership.
The thing should be used only:
(5) By occupancy:
- in accordance with the purpose for which it is intended;
- in such a way as not to injure the interest of the co-ownership; and
 - in such a way as not to prevent the other co-owners from using it In co-ownership, an agreement not to divide the property for more
according to their rights. (Art 486, NCC.) than ten (10) years is not valid with respect to the excess; whereas,
in partnership there is no limit as to the time of its existence.

(5) As to the effect of death:

Distinguished From Partnership In co-ownership, the death of a co-owner does not dissolve the co-
Co-ownership does not of itself establish a partnership, whether ownership, but in partnership the death of a partner brings about
such co-owners do or do not share any profits made by the use of the the dissolution of the partnership.
(6) As to the disposal of share:
property. These two concepts are not identical and they may be
In co-ownership, a co-owner may freely dispose of his share but a
distinguished from each other, as follows:
partner has no power of disposal so as to make the buyer a partner
unless agreed upon by all the other partners.
(1) As to creation:
Co-ownership may exist without the necessity of a contract. A co- (7) As to power of members:
ownership is created not only by reason of contracts. A
partnership, on the other hand, requires the existence of a contract (8) As to division of profits:
in order to arise. The definition by the Civil Code of a partnership
refers to it as a contract.
Requisites In order that the title may prescribe in favor of a co-owner or in
(2) As to personality: order that a co-owner’s possession may be deemed adverse to the other
A co-ownership does not possess a juridical personality distinct co-owners, the following elements must concur:
from the co-owners. On the other hand, the partnership has a 1. He repudiates the rights of the other co-owners:
juridical personality separate and distinct from that of each of the 2. Such act of repudiation is brought to the knowledge of such co-
partners. owners; and
3. The evidence thereon is clear and conclusive, he may be able
(3) As to purpose: to acquire exclusive ownership over the property by
In order to constitute a partnership, it is important that there must prescription; but only
be an agreement to divide the profits among the partners. Hence, 4. After the lapse of the period fixed by law.
the idea of common profit that may be derived from the things or
services contributed to the partnership is an essential feature
thereof. This is absent, however, in co-ownership, which is only for
the purpose of common enjoyment of the thing owned in common.

(4) As to duration:
 (5) in Article 531, occupation as a mode of acquiring possession can
have as its object a parcel of land; in occupation as a mode of
acquiring ownership under Article 712, it cannot have as its object
a parcel of land.

A possessor may lose his possession:

POSSESSION (1) By the abandonment of the thing;
(2) By an assignment made to another either by onerous or
Modes of Acquiring Possession gratuitous title;
Possession is acquired in any of the following ways: (3) By the destruction or total loss of the thing, or because it goes
(1) By material occupation of a thing or the exercise of a right; or out of commerce;
(2) By subjecting a thing or right to the action of our will; and (4) By the possession of another, subject to the provisions of Article
(3) By the proper acts and legal formalities. 537, if the new possession has lasted longer than one year. But the
real right of possession is not lost till after the lapse of ten years;
Requisites (Elements) of Possession (Art. 555) or
(1) Corpus or holding or material detention or enjoyment of a thing (5) By the recovery of the thing by the legitimate owner.
or right; and
(2) Animus Possidendi or intent to possess the thing or right Cases Where There Is No Recovery
The owner of a movable property who has lost it or has been unlawfully
Occupation in Art. 531 as distinguished from Art. 712 deprived of it may no longer recover the thing from the possessor in the
(1) the term “occupation” in Article 531 is used in its ordinary following cases:
grammatical meaning whereas the term “occupation” in Article 712 (1) If the possessor acquired the thing at a merchant’s store, or in
is used in a juridical and technical meaning; fairs, or in markets in accordance with the Code of Commerce and
(2) in Article 531, occupation is a mode of acquiring possession; special laws;
whereas, in Article 712, occupation is a mode of acquiring (2) Where the possessor acquired the thing by sale under statutory
ownership; power of sale or under the order of a court of competent
(3) in Article 531, the occupation must be coupled with intent to jurisdiction;
possess; whereas, in Article 712, what is required is intent to own (3) When the possessor is a holder in due course of a negotiable
or appropriate; document of title to goods or where the owner is barred by the
(4) in Article 531, occupation as a mode of acquiring possession principle of negotiable instruments;
applies whether the property is with an owner or not; in Article (4) Where the owner is barred by reason of his own acts or neglect
712, however, occupation can take place only with respect to from denying the seller’s title; and
property without an owner;
 (5) Where the owner can no longer recover the thing from the
possessor by reason of prescription.

The doctrine of constructive possession applies when the possession is

under title calling for the whole.
Requisites:
(1) the alleged possessor must be in actual possession of a portion
or part of the property;
(2) he is claiming ownership of the whole area;
(3) the remainder of the area must not be in the adverse
possession of another person; and
(4) the area claimed must be reasonable.

Degrees of Possession may be classified as follows:

(1) Possession without any title or right whatsoever, as that of a
thief;
(2) Possession with a juridical title or right but not in the concept of
owner, as that of a lessee or depositary;
(3) Possession with a just title, or a title sufficient to transfer
ownership, but not from the true owner, as that of a buyer in good
faith; and
(4) Possession derived from the right of ownership or possession
with a just title from the true owner.

Under the Civil Code possession is classified as follows:

(1) Possession in one’s own name and possession in the name of
another;
(2) Possession in the concept of an owner and possession in the
concept of a holder; and
(3) Possession in good faith and possession in bad faith.