PROPERTY REVIEWER o INVALID: (a) onerous contracts disposing of one’s own

Based on Tolentino’s Book corpse even for scientific purposes; and (b) contracts by
Dean Domingo Navarro relatives which do not refer to the funeral, autopsy, or
TITLE I related matters
Chapter 1: IMMOVABLE PROPERTY Res Nullius
Property is a mass of things or objects useful to human activity and which are • Intentionally abandoned by their owners
necessary to life, for which reason they may be in one way or another be • Considered in law as things, can be the object of appropriation
organized and distributed, but always for the use of man
Rights as property
Right to property • Only rights which are patrimonial in character can be considered as
• “Juridical tie by virtue of which a person has the exclusive power to things
receive or obtain all the benefits from a things, except those prohibited
or restricted by law or by the rights of others” Real right
• Vinculum between man and the thing • Direct and immediate juridical power over a thing, which is
• Ownership – mass of rights over the thing susceptible of being exercised, not only against a determinate person,
but against the whole world
Article 414. All things which are or may be the object of appropriation are • Elements
considered either: o A subject and an object connected by a relation of ownership
(1) Immovable or real property; or o A general obligation or duty of respect for such relation,
(2) Movable or personal property. there being no passive subject
Things o Effective actions recognized by law to protect such relation
• All objects that exist that can be possessed by man.
• Utility to man Personal right (Obligation)
• Something that can form part of man’s patrimony even if it is • Power belonging to another person to demand of another, as a definite
intangible, such as a right passive subject, the fulfillment of a prestation to give, to do, or not to
Property do
• Already appropriated or are in the possession of man • Characteristics
o Subject (Passive – bound to perform)
• Not necessary that the things has an owner. It is enough that it has
o A general obligation
been appropriated
o Performance of the prestation
Common things
• Not susceptible of appropriation such as the sea, air, sunlight, sun, Distinctions Real right Personal right
stars, core of the eart, etc. Number of persons One definite active Definite active and
involved subject, and the rest of passive subjects
Requisites to be juridically considered as a thing or property the world as passive
1. Utility, or the capacity to satisfy human wants subject without individual
2. Individuality or substance, or a separate and autonomous existence determination
3. Susceptibility of being appropriated Object Corporeal Intangible
Will of the active Affects the thing directly Indirectly through the
Human body subject prestation of the debtor
• Not considered a thing, although some parts of it are considered as Cause Mode and title Title
things when separated from it such as the hair or teeth Extinguishment Loss or destruction of the Not
• Corpse things
o Upon death, the corpse becomes a thing, although not Nature of the Gives rise to real actions Personal actions against
susceptible of appropriation by reason of public morality actions against third persons the definite debtor
o VALID: Gratuitous disposition of one’s own corpse for
scientific purposes Classification of things
A. Divine – created by God
a. Spiritual – influence the religious submission of man

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 b.Corporeal – for the salvation of man 1. Fungible – belong to a common genus
i. Sacred – consecrated to God which includes several species of the
ii. Religious – contemplative life same kind
iii. Holy – violation of which was punished by 2. Non-fungible – specifically determined
extremely severe penalty and cannot be substituted
iv. Temporal – attend to the economic needs of the viii. By reason of their consumability
church and the clergy 1. Consumables – cannot be used without
B. Human – governed by laws being consumed
a. Material, corporeal, or physical – manifest to the senses 2. Non-consumables – not consumed by use
i. By reason of ownership ix. By reason of their alienability
1. Common – do not belong to anyone in 1. Withing the commerce of men – can be the
particular object of juridical transactions
2. Public – owned by the state 2. Outside
3. Corporate – owned by a collective entity b. Intangible, incorporeal, juridical – not manifest to the sense
a. Patrimonial – not enjoyed in but are conceived only by the understanding
common by the people • Requisites
b. Communal – used by all o External – manifested act
4. Nullius – do not belong to anyone and are o Personal – when done by the debtor
not enjoyed by anyone himself
5. Private – owned and enjoyed by one or o Possible – can be done both in nature and
more determinate persons in law
ii. By reason of their immobility
1. Immovables – cannot be transferred Mixed
a. By nature • Partake the nature of both immovable and movable
b. By incorporation • Essentially movable but which by their destination become immovable
c. By their destination • Things which are immovable but are movable because they can be
d. By analogy transplanted
2. Movables – can be moved from place to
place Animals
a. By nature • Movables but in some instances treated as immovables (young
b. By analogy fishponds, pigeon houses, and other breeding places)
3. Semi-movables – move by themselves
iii. By reason of number Predominant criterion in the distinction of property into real and personal
1. Universal – several things collectively is the possibility of transfer of the latter or of its movement in space,
form a single object in law whether by itself, or by some external act. Real property presupposes
2. Generic – homogenous nature stability or the impossibility of transfer from place to place.
3. Specific – indicates the specie
iv. By reason of their existence Article 415. The following are immovable property:
1. Existing – exist in actuality (1) Land, buildings, roads and constructions of all kinds adhered to the soil;
2. Future – does not exist in actuality (2) Trees, plants, and growing fruits, while they are attached to the land or
v. By reason of their divisibility form an integral part of an immovable;
1. Divisible – can be divided (3) Everything attached to an immovable in a fixed manner, in such a way
2. Indivisible – cannot be divided that it cannot be separated therefrom without breaking the material or
vi. By reason of their importance deterioration of the object;
1. Principal – dependent (4) Statues, reliefs, paintings or other objects for use or ornamentation,
2. Accessory – dependent upon the principal placed in buildings or on lands by the owner of the immovable in such a
vii. By reason of homogeneity of the species manner that it reveals the intention to attach them permanently to the
tenements;

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 (5) Machinery, receptacles, instruments or implements intended by the • Materials sold
owner of the tenement for an industry or works which may be carried on in o Movable – where a building or house has been sold to be
a building or on a piece of land, and which tend directly to meet the needs demolished immediately (what was really sold was the
of the said industry or works; materials of which the house was made)
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places • Constructions
of similar nature, in case their owner has placed them or preserves them o Movable – can be easily removed or destroyed independently
with the intention to have them permanently attached to the land, and o Immovable – attached permanently on the land
forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land; Paragraph 2
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of • Trees and plants are immovable only when they are attached to land.
the bed, and waters either running or stagnant; o When they are cut or uprooted – movable
(9) Docks and structures which, though floating, are intended by their § Except when timber constitutes the integral
nature and object to remain at a fixed place on a river, lake, or coast; natural product of the tenement – immovable
(10) Contracts for public works, and servitudes and other real rights over • Gathered plants – when the land is being leased by another, and the
immovable property. fruits belong to the tenant it is considered as movable

Classes Definition Paragraph from Art. Paragraph 3

415 • As soon as they are separated from the tenement, they recover their
Nature Cannot be moved from 1, 8 condition as movables, irrespective of the intention of the owner
place to place
Incorporation Essentially movables, 1, 2, 3, 4, and 6 Paragraph 4
but are attached to an • Indispensable that the objects must be placed by the owner of the
immovable in such as immovable. It is enough that he orders it or even just ratifies it
manner as to be an • Immobilization by owner
integral part thereof o Objects mentioned here become immobilized when placed by
Destination Essentially movables, 4, 5, 6,7, and 9 the owner
placed in an o Placed by a mere holder, such as tenant, a usufructuary,
immovable, partake of or one with a temporary right over the immovable, these
the nature of the latter objects do not become immovable, unless such person
because of the added acted as the agent of the owner
utility derived
therefrom Paragraph 5
Analogy or by law 10 • The moment they are separated from the industry or work in which
they are utilized, they recover their condition as movables
Paragraph 1 • Where a chattel mortgage is constituted on machinery permanently
• Buildings are always immovables attached to the ground, the machinery is considered as personal
o Separate treatment by the parties of a building from which property, and the chattel mortgage constituted thereon is not null and
it stands, does not change the immovable character of void, regardless of who owns the land. (Makati Leasing and Finance
the building, which by itself can be the subject of REM Corp v. Weaver Textile Mills)
• Buildings on rented land
o Buildings placed on leased land acquire the status of Paragraph 6
immovables by nature of all purposes, though placed • Refer to animals themselves living in these breeding places and not to
thereon by one other than the owner the structure
§ Buildings being immovable by nature, the Paragraph 7
ownership of land on which they are erected cannot • Fertilizers should be on the land where they are to be utilized
change their nature as immovable property • Fertilizers kept in the farmhouse are movable

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Chapter 2: MOVABLE PROPERTY ART. 418
Article 416. The following things are deemed to be personal property: Consumable – according to their nature destroys the substance of the thing or
(1) Those movables susceptible of appropriation which are not included in causes their loss to the owner such as food
the preceding article;
(2) Real property which by any special provision of law is considered as Fungible Non-Fungible
personalty; Depends upon their possibility of Which have their own individuality
(3) Forces of nature which are brought under control by science; and being substituted by others of the and do not admit of substitution
(4) In general, all things which can be transported from place to place same kind, not having a distinct
without impairment of the real property to which they are fixed. personality. Individuality can be
General test of movable character determined by counting, weighing, or
1. Whether it can carried from place to place measuring.
2. Whether the change of location can be effected without injury to an 100 copies of newspaper of a certain 10 bottles of wine I have in my room
immovable to which the object may be attached date
3. Whether the object is not included in Art. 415
*Intention of the parties to a contracts that determines whether the object is
Growing crops are personal property (Chattel Mortgage Law) fungible or non-fungible and not the consumable or non-consumable nature of
• Growing crops raised by yearly labor and cultivation are considered the thing
personal property1
Consumable and non- Fungible and non- Example
Forces of nature – electricity, gas, heat, oxygen, light, rays, etc. are considered consumable fungible
as movable According to the nature According to their Money is fungible but
of the thing purpose, depending on non-consumable.
Semi-movables – now classified as movables; all those which are susceptible whether they can be
of moving by themselves without assistance from any outside force such as substituted by other 100 copies of
animals things of the same newspaper of a certain
kind, quality, or date is fungible but
Intellectual property – the right of the author, artist, or inventor over his work quantity. non-consumable.
is personal property
10 bottles of wine in my
Article 417. The following are also considered as personal property: room is non-fungible
(1) Obligations and actions which have for their object movables or but consumable.
demandable sums; and
(2) Shares of stock agricultural, commercial, and industrial entities, Chapter 3: PROPERT IN RELATION TO THE PERSON TO WHOM IT
although they may have real estate. BELONGS
Article 419. Property is either of public dominion or private ownership.
Obligations – means credits; it also includes bonds
Public dominion
Intangible object – credits are considered movable because of the exclusive • Not owned by the State but pertains to the State
character of the enumeration of real property • Collective ownership for the general use and enjoyment (whether
national, provincial, or municipal)
Demandable sums – whether the credit is matured or not it is movable • Purpose is to serve the citizens
• Intended for common and public welfare
Shares in juridical persons – All juridical persons must be deemed included.
• Cannot be the object of appropriation
The interests of members in a partnership and shares of stock in any
o Either by the State or by private persons
corporation are movable

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Sibal v. Valdez

Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW

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 Sacred and religious objects Article 422. Property of public dominion, when no longer intended for
• Churches and other consecrated objects public use or for public service, shall form part of the patrimonial property
1. Outside the commerce of man of the State.
2. Neither public nor private property, in the sense that any When change takes effect
private owner can be the owner thereof • Property of public dominion ceased to be such and becomes private
property of the State only upon a declaration by the government,
Article 420. The following things are property of public dominion: through the executive or legislative departments, to the effect that it
(1) Those intended for public use, such as roads, canals, rivers, torrents, is no longer needed for public use or service.
ports and bridges constructed by the State, banks, shores, roadsteads, and o The same remains property for public use or service,
others of similar character; notwithstanding the fact that it is not actually devoted for
(2) Those which belong to the State, without being for public use, and are pubic use or service
intended for some public service or for the development of the national ART. 423
wealth. ART. 424
Outside the commerce of man Property for public use of provinces and cities
• Property of public dominion is outside the commerce of man • Outside the commerce of man
• The following principles are applicable to them: • Cannot be acquired by prescription
1. They cannot be alienated or leased or otherwise be the • Not subject to attachment and execution
subject matter of contracts • They become private property of the province or town when no longer
2. They cannot be acquired by prescription for public use
3. They are not subject to attachment and execution
4. They cannot be burdened by any voluntary easement ART. 425
ART. 426
Property for public use
• Can be used by everybody even by strangers or aliens but nobody can TITLE II
exercise over it the rights of a public owner Chapter 1: OWNERSHIP IN GENERAL
ART. 427
Property for public service Ownership is the independent and general power of a person over a thing for
• Par. 2 does not distinguish between movables and immovables; hence, purposed recognized by law and within the limits established thereby
whatever the condition of the property, provided it is for public service,
it falls within its category Article 428. The owner has the right to enjoy and dispose of a thing, without
other limitations than those established by law.
ART. 421
Patrimonial property The owner has also a right of action against the holder and possessor of the
• Property over which the State has the same rights, and of which, it thing in order to recover it.
may dispose, to the same extent as private individuals Extent of right of ownership
• They are subject to prescription and can be the objects of ordinary • The right to enjoy
contracts o Jus utendi – right to receive from the thig what it produces
• Ex: friar lands o Jus abutendi – right to consume the thing by its use
• Public lands are classified as private property of the State, as soon as • The right to dispose or the jus disponendi – the power of the owner to
they are available for alienation or disposition alienate, encumber, transform, and even destroy the thing owned
o Before they have been declared so available for disposition, • Jus vindicandi – right to exclude from the possession of the thing
they would partake of property of public dominion owner by any other person to whom the owner has not transmitted
• Art. XIV, Sec. 8 of the Constitution provides that only agricultural, such thing, by the proper action for restitution, with the fruits,
industrial or commercial residential, and resettlement lands of the accession, and indemnification of damages
public domain may be alienated. Other natural resources may not be
alienated but their exploration, development, exploitation or Right to enjoy
utilization is allowed • Unless prevented by contractor or by some special law, the owner
cannot be deprived of the enjoyment of his property on the plea that
another needs it more because of an emergency

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 Right to dispose for the restitution of such possession, together with damages and
• Only the owner can dispose of property, subject to the limitations costs
imposed by law o The one year period of limitation commences from the time
o One who is not the owner, but is mere occupant or of demand to vacate and when several demands are made,
mortgagee, cannot validly sell the property occupied or the same is counted from the last letter of demand
mortgaged nor convey any right of dominion to any other § No demand is necessary when it is specifically
party provided for in the agreement
• If the case is favorable to the plaintiff, immediate execution may issue
Right to recover to prevent further damages to him
• The owner may proceed not only against the person in actual o A contempt order is not the proper remedy
possession but against anyone unlawfully detaining it
• The possessor has the presumption of title in his favor but if the Plenary action
plaintiff can prove his title as the owner and establish the identity of • Owner is dispossessed by any other means, he may maintain a
the property claimed as his, he will be entitled to recover the property, plenary action to recover possession
even if the possession seems legalized by a conveyance o Not necessary for him to wait until the expiration of one year
• The right of the owner to maintain an action to recover possession of before commencing such action
property wrongfully taken from him, can be transferred by him, and • When the possession of land by another is due to tolerance of the
his transferee can maintain an action against the wrongdoer owner, the action for ejectment is accion publiciana
• Person who claims that he has a better right must prove both
ownership and identity is the basic rule Reinvidicatory action
• A person in peaceful possession must be respected his possession and Accion reinvidicatoria Plenary action
cannot be required to surrender possession until a competent court Recovery of the dominion over the Restitution of the possession only
rules otherwise property as owner
• In case of refusal of a party to deliver possession of property due to
Estoppel an adverse claim of ownership, the action of clearly an accion
• The owner of real property then a subsequent operation for the benefit reinvidicatoria
of the public and who stands by without objection or protest is
deemed to have waived his right of action to recover possession and Writ of Possession Writ of Injunction
is left with an action for damages for the value of the property taken After the land has been registered Injunction is not a proper remedy for
as his only remedy provided the power of eminent domain has been under the Torrens system of the recovery of possession
delegated to such corporation registration, the registered owner is • Owner is entitled to
entitled to a writ of possession injunction to prevent
Recovery of possession of immovable property • Will only be issued once restrain acts of trespass
1. Forcible entry and unlawful detainer • Never prescribes and illegal interference by
2. Plenary action to recover possession or accion publiciana • Writ of possession is others
3. Action to recover possession or accion reinvidicatoria improper to eject another • Not the owner, as long as
from possession, except he is actually in possession
Recovery of possession of personal property 1. Land registration in concept of owner for
• May be recovered by an action known as replevin or for manual proceeding more than1 year, he may
delivery of such property 2. Extrajudicial foreclosure of protect his possession by
mortgage or real property injunction
Forcible entry 3. Judicial foreclosure of
• A person deprived of the possession of any land or building by force, property provided that the
intimidation, threat, strategy, or stealth, or other person whom the mortgagor has possession
possession of any land or building is unlawfully withheld after the and no third party has
expiration or termination of the right to hold possession the other intervened
person at any time within one year from the withholding of possession 4. Execution sales
bring an action against the person unlawfully withholding possession

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 Removal of improvements Ex: If a ditch is opened by Pedro in Ex: If Juan, without permission of
• The provincial sheriff in executing the decision of a competent court the land of Juan, the latter may Pedro, picks up a book belonging to
in ejectment cases, shall not destroy, demolish, or remove the close it by force at any time the latter and runs off with it, Pedro
improvements constructed or planted by the defendants unless can pursue Juan and recover the
expressly authorized by the court book by force
Doctrine of self-help can only be exercised at the time of actual or threatened
Limitations on ownership dispossession
1. General limitations for the benefit of the State
2. Specific limitations imposed by law Who may use force
3. Limitations impsed by the party transmitting the property • The right to use force to defend property is given only to the immediate
4. Limitations imposed by the owner himself possessor
5. Inherent limitations arising from conflicts with other similar rights o But the possessor need not have a real or personal right over
the thing
Police power o There must be a real aggression, an imminent violation of
• It becomes necessary for the State to deprive its citizens of property law
or the right for continuance of property for the benefit of the general • A third person may take the necessary measure to repel the
welfare and prosperity of its inhabitants aggression and if he suffers injury the possessor must indemnify him
o The property may be taken without just compensation
Nature of aggression
Limitations by owner • The aggression must be illicit or unlawful
The owner may impose limitations upon his right of ownership by any voluntary • The possessor may do all acts necessary to repel aggression
act that is permissible under the law • There are several means available, the possessor must choose that
which shall cause the least damage to the aggressor
Stipulation on inalienability • If he uses more force than necessary, then he becomes liable for
• Void – prohibition is perpetual (prohibition for a long time) damages
• Valid – temporary prohibition of alienation and it serves some serious
or lawful interest (prohibition for a short time) ART. 430
ART. 431
Article 429. The owner or lawful possessor of a thing has the right to • When the owner of a property makes use thereof in a general and
exclude any person from the enjoyment and disposal thereof. For this ordinary manner in which such property is used, nobody can
purpose, he may use such force as may be reasonably necessary to repel or complain as having injured. But when a person makes an exceptional
prevent an actual or threatened unlawful physical invasion or usurpation of or extraordinary use of his tenement, thereby causing injury to 3rd
his property. persons, he should be made liable for damages caused
Principle of Self-Help • Use of the property constitutes a nuisance = liable for damages +
• Authorizes the lawful possessor to use force, not only to prevent a injurious use may be stopped
threatened unlawful invasion or usurpation thereof • An owner cannot be debarred from the legitimate use of his property
• The actual invasion of property may consist of a mere disturbance of simply because it may cause a real damage to his neighbor
possession or of a real dispossession
Mere disturbance Real dispossession Article 432. The owner of a thing has no right to prohibit the interference
Force may be used against it at any Force to regain possession can be of another with the same, if the interference is necessary to avert an
time as long as it continues, even used only immediately after the imminent danger and the threatened damage, compared to the damage
beyond the prescriptive period for an dispossession arising to the owner from the interference, is much greater. The owner may
action of forcible entry • If it is immovable demand from the person benefited indemnity for the damage to him.
property, there should be “Emergency Doctrine”
no delay in the use of force Acts in state of necessity
to recover it; a delay even if • Allows the use of defensive force to preserve an existing situation as
consensual, will bar the against an external event which the passive subject is entitled to repel
right to the use of force as much as an unlawful aggression by another

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 o Ex: The attacking animal, belonging to another, may be Conflict of rights
killed by the victim • The right of self-help is not available against an act in a state of
• The law permits the injury or destruction of things belonging to others necessity because there would be no unlawful aggression when a
provided this is necessary to avert a greater danger or dangers person acts pursuant to a right
Acts in a state of necessity Defense against unlawful
aggression ART. 433
If another’s property is used to avert If the danger comes from another’s • If a person believes that he is entitled to the possession of a thing,
danger not arising from it property, and the force is employed which is in the possession of another, he may ask the latter to deliver
against it. possession
o If demand is refused, the person seeking possession must
Comparative damage file the proper complaint for the recovery of possession
• The seriousness of the danger must be much greater than the damage
to the property affected by the protective act (danger > damage to the Article 434. In an action to recover, the property must be identified, and
property) the plaintiff must rely on the strength of his title and not on the weakness
of the defendant's claim.
Permissible acts Requisites for recovery
• Include all acts on the property to avert the danger or damage The possessor of a property has the presumption of title in his favor. Hence,
including its destruction any person who claims he has a better right, must prove:
1. He has a better title
Effect of mistake 2. The identity of the property
• If through error, one believed himself to be in a state of necessity, or
used means in excess of the requirements of the situation, his act Identity of the property
would be illicit, and the owner can properly use against him the • May be established through the survey plan of the property
defensive force authorized in Art. 429
Proof of ownership
Effect of negligence • Any evidence admissible in law
• The law does not require that the person acting in a state of necessity
be free from negligence Titles and certificates
• Ex: If a person picks up an object in a drug store and eats it, thinking • Once a decree of registration has been made under the Torrens
it to be candy, and it turns out to be poison, he can lawfully drink any system, and the period of 1 year has elapsed, the title becomes perfect
antidote he may find in the store, even without the consent of the • Registration of land in the name of a particular person vests in him
owner noy only the title to the land but also the improvements thereon,
unless special reservation is noted with respect to the improvements
Indemnity of damages
• Owner may demand from the person benefited indemnity for the ART. 435
damage to him Public use or utility
• GR: Indemnity of damages • If the legislature had specifically granted the expropriation for a
• EXP: If the owner of the property causing the danger would have been certain parcel of land for some specified public purpose, the courts
responsible for damages even if the danger had not been averted, then would be without jurisdiction to inquire into the purpose of the that
this fact deprives him of the right to indemnity legislation but where the legislation has conferred general authority
o Ex: If Pedro is, without provocation, attacked by Juan’s dog, to take the land for public use, necessity for expropriation is an issue
and to defend himself, Pedro kills the dog, it would certainly which it is competent for the courts to decide
be unjust to require him to indemnify Juan for the value of
the dog. But if the dog had been provoked by Pedro, although ART. 436
he still has the right to defend himself, it would be unjust to Article 437. The owner of a parcel of land is the owner of its surface and of
deprive Juan of the value of his dog. everything under it, and he can construct thereon any works or make any
plantations and excavations which he may deem proper, without detriment
to servitudes and subject to special laws and ordinances. He cannot
complain of the reasonable requirements of aerial navigation.

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Right to space and subsoil • Lessee, usufructuary, or a paid laborer working for the owner
• The right of the owner extends to the space and subsoil as far as provided he has not been engaged precisely to look for hidden treasure
necessary for his practical interests, or to the point where it is possible
to assert his dominion; beyond these limits he would have no legal Finder entitled to share
interest There are several persons engaged in some work, such as digging or demolition,
• Criterion: economic utility (extends only to where it is possible for and then hidden treasure if found, the finder is he who actually discovered the
him to obtain some benefit or enjoyment treasure

Article 438. Hidden treasure belongs to the owner of the land, building, or Effect of concealment
other property on which it is found. • If the finder of the treasure conceals it from the owner:
o He loses his share
Nevertheless, when the discovery is made on the property of another, or of o He becomes civilly liable and criminally liable for taking
the State or any of its subdivisions, and by chance, one-half thereof shall be something not belonging to him
allowed to the finder. If the finder is a trespasser, he shall not be entitled to o Responsible for all consequences of possession in bad faith
any share of the treasure. with respect to the loss or deterioration

If the things found be of interest to science or the arts, the State may acquire Discovery by chance
them at their just price, which shall be divided in conformity with the rule • The finding must be by chance in order that a stranger may be entitled
stated. to one-half of the treasure
Requirements of hidden treasure Method Entitlement Discovery by Owner
1. That they consist of money, jewels, or other precious objects chance
2. They are hidden and unknown, such as their finding is a real Finder was given Finder should No -
discovery express be entitled to
permission by a share on the
Precious objects refer only to movables the owner to basis of
make an implied
Owner unknown investigation on contract or on
• It is necessary, in order that the deposit be considered hidden his property the principle
treasure, that the owner is not known against unjust
• When the treasure was purposely hidden by its owner, the latter may enrichment
recover it entirely from any finder
Owner of the The finder is - -
Hidden treasure Not hidden treasure land, who knows not entitled to
If the thing had been considered lost Where the owner has just forgotten or suspects that share in the
by the owner, or he had already where he had hidden precious there is hidden treasure
abandoned it, and 3rd persons do not objects belonging to him, they do not treasure therein, unless there is
know of its existence, it becomes constitute hidden treasure orders a search a stipulation
hidden treasure instead of merely to the
giving permission contrary
Place of discovery
• Rules in Art. 443 are applicable even when the treasure is found in Person without Not entitled to No The treasure
the walls of buildings. When the buildings and the land belong to two the any party of belongs to the
different persons, each is considered separate from the other: authorization of anything he owner of the land
o Property found in the building = owner of the building the owner, may discover
o Property found in the land- owner of the land enters and finds
o Owner of the building or the materials thereof if it will be treasure
demolished, owns the treasure found therein
Strangers – anyone who has absolutely no right over the immovable or the
thing in which the treasure is found

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 Chapter 2: RIGHT OF ACCESSION 3. That this incorporation of the accessory with the principal is effected
Article 440. The ownership of property gives the right by accession to only when 2 things are so united that they cannot be separated
everything which is produced thereby, or which is incorporated or attached without injuring or destroying the juridical nature of one of them
thereto, either naturally or artificially.
Accession Section 1. – Right of Accession with Respect to What is Produced by
• Right by virtue of which the owner of a thing becomes the owner of Property
everything that it may produce or which may be inseparably united Article 441. To the owner belongs:
or incorporated thereto, either naturally or judicially (1) The natural fruits;
(2) The industrial fruits;
Kinds of accession (3) The civil fruits.
1. Discreta – extension of the right of ownership to the products of a Concept of fruits
thing • Fruits include all the products of or income from a thing
a. Natural fruits • GR: the owner owns the fruits
b. Industrial fruits • EXP: the owner does own the fruits
c. Civil fruits o Possession in good faith by another by another
2. Continua – acquisition of ownership over a thing incorporated to that o Usufructuary
which belongs to the owner o Lease, in which case the lessee gets the fruits from the
a. Immovables property directly, although the owner receives the civil fruits
i. Alluvion in the form of rents paid by the lessee
ii. Force of river o Antichresis, creditor receives the fruits
iii. Change of river bed
iv. Formation of islands Article 442. Natural fruits are the spontaneous products of the soil, and
v. Building, planting, and sowing the young and other products of animals.
b. Movables
i. Conjunction or x – union of two things belonging to Industrial fruits are those produced by lands of any kind through cultivation
different owners, in such a manner that they or labor.
cannot be separated without injury, thereby
forming a single object Civil fruits are the rents of buildings, the price of leases of lands and other
1. Inclusion property and the amount of perpetual or life annuities or other similar
2. Soldering – accessory object is fused to income.
another made of metal Natural and industrial fruits
3. Weaving Natural Industrial
4. Painting Product of the soil in whose Produced by lands of any kind
5. Writing generation human labor does not through cultivation or labor
ii. Specification – giving of a new form to material intervene
belonging to another (ex: grapes belonging to oner Ex: herbs that grow wild in the Ex: grass as the zacate for horses
person converted into wine by another) mountains
iii. Commixtion – mixture of things solid or liquid,
belonging to different owners, the mixture of liquids Young of animals
called confusion
• Natural fruits
o Ignores completely whatever care may be given by man
Basic principles of accession
• Young animals belong to the owner of the female except when there is
1. That to the owner of a thing belongs the extension or increase of such
contrary stipulation
thing
2. That this extension or increase of such thing, as a general rule, under
Civil fruits
the juridical principle that the accessory follows the principal or that
the owner of the latter acquires or extends his ownership over the • Ex: Where owners of a piece of land mortgage such land to secure the
former obligation of another person, it is a civil fruit because it is not income
derived from the property itself but a compensation for the risk
assumed

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Article 443. He who receives the fruits has the obligation to pay the ART. 446
expenses made by a third person in their production, gathering, and
preservation. Article 447. The owner of the land who makes thereon, personally or
Payment of expenses through another, plantings, constructions or works with the materials of
• It is only proper to pay expenses to the person wh incurred them, another, shall pay their value; and, if he acted in bad faith, he shall also be
conformably to the rule that no one may unjustly enrich himself at obliged to the reparation of damages. The owner of the materials shall have
the expense of another the right to remove them only in case he can do so without injury to the
work constructed, or without the plantings, constructions or works being
What expenses covered destroyed. However, if the landowner acted in bad faith, the owner of the
Characteristics materials may remove them in any event, with a right to be indemnified for
1. Dedicated to annual production damages.
2. Not be unnecessary, excessive, or for pure luxury, but must be of such Rights of owner of materials
an amount naturally required by the condition of the work or the • The owner of materials used by another does not become a part owner
cultivation made of the thing constructed but is only entitled to recover their value
• In case of demolition: the materials can be recovered so long as there
When exceeding fruits is no injury to the work constructed but if at that time the owner of
• Even when the expenses exceed the value of the fruits, the owner must the materials demand their return, because the owner of the land has
pay such expenses just the same demolished the construction, the former had already been paid their
• He who is entitled to the benefits must bear the risks and losses value, he cannot recover them anymore, as they already belong to the
owner of the land
Effect of bad faith
• If the fruits have not yet been gathered at the time the owner What is bad faith
recovers possession from a possessor in BF, he does not have to pay • The builder, planter, or sower would be in bad faith with respect to
for production expenses (ART. 449) the materials, if he knew that he had no right to make use of such
• But if the fruits are already gathered or severed, and are ordered materials
turned to the owner by the possessor in bad faith, the latter is entitled • The owner of the materials would be in bad faith if such materials
to be reimbursed and may deduct his expenses of cultivation, were used by another in his presence, with his knowledge and
gathering, and preservation. forbearance, and without opposition on his part
o ART. 443 makes no distinction as to good faith and bad
faith, and seeks to prevent unjust enrichment Article 448. The owner of the land on which anything has been built, sown
or planted in good faith, shall have the right to appropriate as his own the
ART. 444 works, sowing or planting, after payment of the indemnity provided for in
articles 546 and 548, or to oblige the one who built or planted to pay the
Section 2. – Right of Accession with Respect to Immovable Property price of the land, and the one who sowed, the proper rent. However, the
Article 445. Whatever is built, planted or sown on the land of another and builder or planter cannot be obliged to buy the land if its value is
the improvements or repairs made thereon, belong to the owner of the land, considerably more than that of the building or trees. In such case, he shall
subject to the provisions of the following articles. pay reasonable rent, if the owner of the land does not choose to appropriate
• A tree growing on one estate, but leaning almost entirely over the the building or trees after proper indemnity. The parties shall agree upon
adjoining estate, belongs to the owner of the land on which it grows the terms of the lease and in case of disagreement, the court shall fix the
terms thereof.
Exception to the rule Purpose
• Conjugal partnership property, when the same consists of • Give the owner of the land the options:
improvements and buildings made or constructed on separate o To acquire the improvements after payment of proper
property of a spouse through advancements from the partnership or indemnity
though the industry of husband or wife; the improvement or building o To oblige the B/P to pay for the land and the S to pay the
belongs to the conjugal property, and not to the spouse owning the proper rent
land § He cannot refuse to exercise either option
§ It is the owner of the land who is authorized to
exercise the option, because his right is older, and

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 because by principle of accession, he is entitled to
the ownership of the accessory thing Article 450. The owner of the land on which anything has been built,
planted or sown in bad faith may demand the demolition of the work, or that
Constructions included: the construction must be of a permanent character, the planting or sowing be removed, in order to replace things in their former
attached to the soil with an idea of perpetuity condition at the expense of the person who built, planted or sowed; or he
may compel the builder or planter to pay the price of the land, and the sower
Good faith the proper rent.
• One builds, plants, or sows on land in which he believes himself to Alternative rights of the landowner when B/P/S is in bad faith
have a claim of title 1. To appropriate what has been built/plant/sown without obligation to
• Consists in the belief of the B/P/S that the land is his, or that by pay indemnity thereof
some title he has a right to build/plant/sow thereon 2. To ask the B/P/S to remove what has been built, planted, or sown
3. To compel the B/P to pay the value of the land or the S the proper
Right before payment rent
Owner of the Land Builder/Planter/Sower
Elect to acquire what has been Has a right of retention while he has Rights of B/P/S
built/planted/sown in good faith not been indemnified. Until the • The B/P/S who is in bad faith loses that which he has
upon payment of indemnity indemnity has been paid in full, the built/planted/sown, without the right to indemnity thereof.
B/P/S has the right to retain, not o Unless the landowner insists in the absolute compliance of
only the improvements, but also the Art. 449, the B/P/S may remove his materials, paying the
land on which they have been B/P/S landowner damages he may suffer, provided the land does
To oblige the B/P to pay for the land The B/P/S will lose his right of not suffer any injury thereof
and the S to pay the proper rent retention if he fails to pay as required o Art. 449 applies only to improvements still standing on the
land, and does not refer to products already harvested and
Payment of indemnity gathered
• Owner of the land is bound to pay the necessary (made for the
preservation of the thing) and useful (augment the income of the GR: Under Art. 443, he who receives the fruits is obliged to pay for the
thing) expenses expenses of their cultivation, harvesting, and preservation.
• During the period of retention of the B/P/S, he is not exactly a • Fruits are already gathered and are ordered turned over to the owner
possessor in good faith, and if he receives fruits from the property, he of the land by the possessor in bad faith, the latter is entitled to
is obliged to account for such fruits, so that the amount thereof may reimbursement and may deduct his expenses
be deducted from the amount of indemnity to be paid to him by the EXP: Under Art. 449, when the fruits are still ungathered and form part of
owner of the land the land by accession, at the time the landowner recovers possession, he is not
obliged to pay the expenses of production to the planter or sower in bad
Effect of alienation faith; such landowner acquires the fruits by accession without obligation to
1. The obligation of the landowner to pay indemnity is a personal indemnify the planter or sower who acted in bad faith.
obligation and is not transmitted to the vendee if the thing is sold
before the indemnity has been paid ART. 451
Article 452. The builder, planter or sower in bad faith is entitled to
Land much more valuable reimbursement for the necessary expenses of preservation of the land.
2. Owner of the land cannot compel the B/P to pay for the land if its Necessary expenses
value is considerably more than that of the building/trees. The • The B/P/S in bad faith has made necessary expenses for the
alternatives: preservation of the land itself, he is entitled to reimbursement
o Appropriate the improvements • He loses the accessory/improvement but he is not deprived of his right
o Lease the land to the builder or planter at a reasonable rent to collect what he has spent to preserve the principal
§ Parties cannot agree: a forced lease is created and
the Court shall fix the terms of the lease Article 453. If there was bad faith, not only on the part of the person who
built, planted or sowed on the land of another, but also on the part of the
Article 449. He who builds, plants or sows in bad faith on the land of owner of such land, the rights of one and the other shall be the same as
another, loses what is built, planted or sown without right to indemnity. though both had acted in good faith.

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 It is understood that there is bad faith on the part of the landowner whenever Bad faith on 3 parties As if all of them acted in 455
the act was done with his knowledge and without opposition on his part. good faith
Bad faith of B/P/S Landowner (GF) Good faith The OM will have his
• He builds/plants/sows, knowing that the land does not belong to him and but the B/P/S action against the B/P/S
he has no right to build, plant, or sow thereon (BF) • Value of the
o If he builds, plants, sows with the knowledge and • Landowner materials
forbearance and without opposition on the part of the owner appropriates • Damages
of the land, both parties acted in bad faith and they will the If the latter is insolvent,
considered as if they were in good faith improvement the landowner is
subsidiarily liable
Article 454. When the landowner acted in bad faith and the builder, planter • Value of the
or sower proceeded in good faith, the provisions of article 447 shall apply. materials
Bad faith of landowner • NOT for damages
• B/P/S acts in good faith, but the landowner acts in bad faith Landowner (GF) Good faith Owner of the materials 540
o The landowner is considered having made the building, but the B/P/S will be entitled to:
planting, sowing through the B/P/S, with materials (BF) • Materials will revert
belonging to the latter, and therefore he should pay the • Landowner to the owner
value of the materials plus damages elects to have • Damages from the
the B/P/S
Article 455. If the materials, plants or seeds belong to a third person who improvement
has not acted in bad faith, the owner of the land shall answer subsidiarily removed
for their value and only in the event that the one who made use of them has
no property with which to pay.
ART. 456
This provision shall not apply if the owner makes use of the right granted by Article 457. To the owners of lands adjoining the banks of rivers belong the
article 450. If the owner of the materials, plants or seeds has been paid by accretion which they gradually receive from the effects of the current of the
the builder, planter or sower, the latter may demand from the landowner the waters.
value of the materials and labor. Requisites of alluvion
• That the deposit be gradual and imperceptible
Landowner or Owner of the Effect Article • It be made through the effects of the current of the water
B/P/S Materials • Land where accretion takes place is adjacent to the banks of the river
Landowner Subsidiarily liable for the The gradual deposits must be due to effects of the river’s current. Deposits
value of the materials made by human intervention are excluded.
Landowner makes Not subsidiarily liable for 450 • Alluvion must be the exclusive work of nature; hence the owner of a
use of his right to the value of the materials tenement does not acquire the additions to his land caused by special
compel the B/P/S works intended to bring about accretion
in bad faith to
remove the “Banks of rivers” – lateral strips or zones of its bed which are washed by the
improvements stream only during such high floods
Acted in bad • Lose his materials 449
faith (if his • Without the right to ART. 458
materials were indemnity Article 459. Whenever the current of a river, creek or torrent segregates
used with his from an estate on its bank a known portion of land and transfers it to
knowledge and another estate, the owner of the land to which the segregated portion
forbearance belonged retains the ownership of it, provided that he removes the same
and without within two years.
opposition on
his part

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Avulsion thereafter as practicable steps were taken under the direction of the
• Transfer of a known portion of land from one tenement to another by government to bring the stream back into its former course and work was
the force of current undertaken for this purpose
o The portion of land must be such that it can be identified as
coming from a definite tenement Abandoned: the river changed its course abruptly and suddenly
• No avulsion
o Even if the portion of land that has transferred is a compact Express act unnecessary: once the river bed has been abandoned, the owners
mass, if the tenement from which it came cannot be of the invaded land become owners of the abandoned bed
determined
o Transfer does not involve a compact mass Artificial change of course
• No more known portion of land which can be removed, by the general • Due to the works constructed by concessioners authorized by the
rule of accession, the owner of the tenement with which the soil is government, the concession may grant the abandoned river bed to the
merged becomes the owner of such soil concessioners
• No incorporation when the known portion is left in the middle of the o No such grant, the abandoned river bed will belong to the
stream, not united to any other tenement, the owner preserves his owners of the land covered by the waters
right of ownership over said portion
If the river simply dries up: the rivers and their natural beds are property of
When removal is impossible public dominion (Art. 502)
• The principle of accession, recognized by this article as operating after
the period of 2 years, must apply whether the failure to remove be River Owner
voluntary or involuntary, and irrespective of the are of the known Non-navigable or non-floatable The abandoned bed belongs to the
portion that has been transferred owners of the banks of such bed
Navigable or floatable The abandoned bed becomes
Article 460. Trees uprooted and carried away by the current of the waters property of the State
belong to the owner of the land upon which they may be cast, if the owners
do not claim them within six months. If such owners claim them, they shall ART. 462
pay the expenses incurred in gathering them or putting them in a safe place. Article 463. Whenever the current of a river divides itself into branches,
What tress are included leaving a piece of land or part thereof isolated, the owner of the land retains
• Uprooted trees only and does not include trees which remain planted his ownership. He also retains it if a portion of land is separated from the
or standing on a known potion of land estate by the current.
*This article does not distinguish between navigable or non-navigable
Effect of transplanting
• The landowner upon which the trees have been cast, may have Article 465. Islands which through successive accumulation of alluvial
transplanted them on his own land in order to preserve them deposits are formed in non-navigable and non-floatable rivers, belong to the
o Notwithstanding this, their former owner still preserves his owners of the margins or banks nearest to each of them, or to the owners of
ownership within the period of 6 months, and he may get both margins if the island is in the middle of the river, in which case it shall
them back, paying the expenses incurred in their be divided longitudinally in halves. If a single island thus formed be more
preservation distant from one margin than from the other, the owner of the nearer margin
shall be the sole owner thereof.
Article 461. River beds which are abandoned through the natural change *This article refers to islands formed in non-navigable or non-floatable rivers
in the course of the waters ipso facto belong to the owners whose lands are because those formed in navigable or floatable rivers belong to the State
occupied by the new course in proportion to the area lost. However, the
owners of the lands adjoining the old bed shall have the right to acquire the Islands included
same by paying the value thereof, which value shall not exceed the value of • Islands formed gradually by successive accumulations of deposits by
the area occupied by the new bed. the waters of the river
*This article contemplates a case where a river bed is abandoned by a natural • New isles or islets formed between an existing island and the opposite
change in the course of the river, which opens a new bed. river bank, in which case the owner of the older island is just
No abandonment of the old bed: where as a result of a flood a certain public considered as a riparian owner
stream changed its course leaving a portion of its old bed dry, but as soon

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Former owner retains ownership Expenses for separation shall be borne by the owner of who caused the union
• Branching of a river or incorporation
• Known portions of land from a tenement and deposited in the middle
of the stream Article 470. Whenever the owner of the accessory thing has made the
incorporation in bad faith, he shall lose the thing incorporated and shall
Section 3. – Right of Accession with Respect to Movable Property have the obligation to indemnify the owner of the principal thing for the
Article 466. Whenever two movable things belonging to different owners damages he may have suffered.
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 If the one who has acted in bad faith is the owner of the principal thing, the
former owner thereof for its value. owner of the accessory thing shall have a right to choose between the former
Adjunction or conjunction paying him its value or that the thing belonging to him be separated, even
• Two things united cannot be separated without injury to them though for this purpose it be necessary to destroy the principal thing; and
• Requirements: in both cases, furthermore, there shall be indemnity for damages.
1. That the 2 things belong to different owners
2. They form a single object or that their separation would impair If either one of the owners has made the incorporation with the knowledge
their nature and without the objection of the other, their respective rights shall be
determined as though both acted in good faith.
Three or more objects united Applicability of option
• The judge should determine which is the principal, and adjudicate all Article Applicability of the option granted
the accessories to its owners by paragraph 2 to the owner of the
accessory
Article 467. The principal thing, as between two things incorporated, is Art. 469 Yes
deemed to be that to which the other has been united as an ornament, or Art. 468 No because the separation cannot be
for its use or perfection. made even if the principal is
Criteria to determine the principal destroyed. The only solution is make
• In order of preference: the owner of the principal pay to the
1. That of the importance or purpose of the things owner of the accessory thing its
2. That of their value value and the indemnity of damages
3. That of their volume
Article 471. Whenever the owner of the material employed without his
Article 468. If it cannot be determined by the rule given in the preceding consent has a right to an indemnity, he may demand that this consist in the
article which of the two things incorporated is the principal one, the thing delivery of a thing equal in kind and value, and in all other respects, to that
of the greater value shall be so considered, and as between two things of employed, or else in the price thereof, according to expert appraisal.
equal value, that of the greater volume. *The right conferred by this article pertains to the owner of the principal as well
as to that of the accessory
In painting and sculpture, writings, printed matter, engraving and
lithographs, the board, metal, stone, canvas, paper or parchment shall be Article 472. If by the will of their owners two things of the same or different
deemed the accessory thing. kinds are mixed, or if the mixture occurs by chance, and in the latter case
the things are not separable without injury, each owner shall acquire a right
Article 469. Whenever the things united can be separated without injury, proportional to the part belonging to him, bearing in mind the value of the
their respective owners may demand their separation. things mixed or confused.
Commixtion or confusion
Nevertheless, in case the thing united for the use, embellishment or • It is only when the things mixed are of different kinds or quality that
perfection of the other, is much more precious than the principal thing, the co-ownership arises
owner of the former may demand its separation, even though the thing to Article 473. If by the will of only one owner, but in good faith, two things of
which it has been incorporated may suffer some injury. the same or different kinds are mixed or confused, the rights of the owners
*This article refers to adjunction by inclusion or by soldering, which are the only shall be determined by the provisions of the preceding article.
forms in which separation is possible without injury to the things united

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 If the one who caused the mixture or confusion acted in bad faith, he shall Action to Quiet Title Suit to Remove a Cloud
lose the thing belonging to him thus mixed or confused, besides being An action for the purpose of putting Procure the cancellation, delivery of,
obliged to pay indemnity for the damages caused to the owner of the other an end to vexatious litigation in release of an instrument,
thing with which his own was mixed. respect to property involved encumbrance, or claim constituting
*This article refers to specification a claim on plaintiff’s title, and which
In specification, it is not possible to separate the material that has been used may be used to injure or vex him in
and the form, creation or work which has been employed or given to it. (Ex: the enjoyment of his title
grapes turned into wine) The plaintiff asserts his own title and Plaintiff not only declares his own
declares generally that defendant title, but also avers the source and
Transformation need not be made personally by the one who makes use of the claims some estate in the land, nature of defendant’s claim, points
materials; it may be made through others working under him without defining it, and avers that out its defect, and prays that it be
the claim is without foundation, and declared void
Bad faith of worker calls on the defendant to set forth
• If the person who made the transformation of the materials acts in bad the nature of his claim, so that it
faith, the owner of the materials may: may be determined by decree
o Appropriate the work; or
o Demand indemnity Property affected
§ But if the finished work is of much greater value • GR: Remedy of quieting a title applies only to real property
than the materials: • EXP: Does not extend to personal property unless the statue expressly
• The owner of the materials may only so declares.
ask for indemnity; o Equity will give relief in respect of personalty where, owing
• The finished work will belong to the to exceptional circumstances, there is no adequate remedy
maker at law.

Diverse ownership of materials ART. 476

• When a person has employed materials, part of which did, and part Cloud on title
of which did not belong to him • Outstanding instrument, record, claim, encumbrance, or proceeding
o The thing belongs in common to both proprietors which is actually invalid or inoperative, but which may nevertheless
§ The share of the one being in proportion to the impair or affect injuriously the title to property.
value of the materials which belong to him • ART. 476. Apparently valid or effective but is in truth and in fact invalid,
§ The share of the other in proportion to the value of ineffective, voidable, or unenforceable.
the materials which belonged to him and the price • Action to remove cloud: the invalidity or inoperativeness of the
of the workmanship instrument is not apparent on the face of such instrument, and it has
to be proved by extrinsic evidence.
ART. 475 • The alleged cloud must be prima facie substantial
• The court has the power to:
Chapter 3: QUIETING OF TITLE o Remove an existing cloud; and
Scope of Action o Prevent the casting of a cloud
• Remedy or form or proceeding originating in equity jurisprudence
• An adjudication that a claim of title to or an interest in property, Article 477. The plaintiff must have legal or equitable title to, or interest
adverse to that of the complainant, is invalid, so that the complainant in the real property which is the subject matter of the action. He need not
and those claiming under him may be forever afterward free from any be in possession of said property.
danger or hostile claim Title and possession of plaintiff
• Plaintiff must have a legal title to the property in question or some
Nature of action – quasi in rem (binding only to the parties in action) interest therein, and be in possession therefore, at the institution of
the action
• If plaintiff is in possession, an action to quiet title imprescriptible

ART. 478

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 it, is exercise by two or more owners and the undivided thing or right to which it
ART. 479 refers is one and the same”
• GR: Restoration of benefits is required in any case where the plaintiff
is shown to be morally bound to reimburse defendant Characteristics of co-ownership
• EXP: It will not be extended in which no liability to pay the debt rests 1. Plurality of subjects, who are the co-owners;
upon the plaintiff 2. Unity of material indivision, which means there is a single object
which is not material divided, and which is the legal element which
ART. 480 binds the subjects; and
ART. 481 3. Recognition of ideal shares.

Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING • The relationship of such co-owner to the other co-owners is fiduciary
Article 482. If a building, wall, column, or any other construction is in • Each co-owner becomes a trustee for the benefit of his co-owners, and
danger of falling, the owner shall be obliged to demolish it or to execute the he may not do any act prejudicial to the interest of his co-owners.
necessary work in order to prevent it from falling.
Causes of co-ownership
If the proprietor does not comply with this obligation, the administrative • The law
authorities may order the demolition of the structure at the expense of the • Contracts
owner, or take measures to insure public safety. o When two parties agree to purchase a piece of land, each one
Liability for damages paying a part of the purchase price, on the condition that
• The proprietor of a building or structure is responsible for the damages they are to divide the land equally between them.
resulting from its total or partial collapse, if it should be due to the o Where the portion of land sold to a buyer is concretely
lack of necessary repairs. determined and identifiable = no co-ownership
• The engineer, architect, contractor who built the structure if the • Succession
collapse if due to the latter’s fault. • Fortuitous event or chance
• The owner of the building • Occupancy
o Liable
§ For injuries caused to others whether the injured Ownership or tenancy (co- Joint ownership or tenancy
party be a tenant or a 3rd party ownership)
§ Whether or not he had actual knowledge of the Heirs of the deceased co-owner Death of a joint owner
ruined condition of the premises inherit his share in the property • The surviving joint owners
o Not liable owner in common are subrogated in his rights
§ Injuries suffered by third persons from minor • His rights of ownership are
defects arising during the lease which the lessee is extinguished by his death,
under obligation to repair and the surviving joint
owners acquire the whole
ART. 483 property
Liability for damages – proprietors are responsible for damages caused by Co-owner can dispose of his Cannot dispose of his undivided
falling tress situated at or near highways or lanes, unless it is caused by force undivided share freely share without the consent of other
majeure. joint owners
Minority of a co-owner cannot be Minority of a joint owner inures to
TITLE III availed of by the other co-owners as the benefit of other joint owners
CO-OWNERSHIP a defense against prescription
Article 484. There is co-ownership whenever the ownership of an undivided
thing or right belongs to different persons. Co-ownership Partnership
Creation Arises from different Only by agreement or
In default of contracts, or of special provisions, co-ownership shall be causes contract
governed by the provisions of this Title.
Purpose Collective enjoyment and Obtain profit
Concept – “manifestation of the private right of ownership, which instead of
to maintain the unity
being exercised by the owner in an exclusive manner over the things subject to

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 and preservation of the • Pardell v. Bartolome: The sister who lived
thing owned in the house cannot be compelled to pay
Juridical Does not exist Distinct from the rents, because she was merely exercising
personality • Share of the co- members a right pertaining to her as co-owner. But
owners can be • Cannot attach with respect to the portion of the lower
attached and and sell on floor, which was occupied by her
sold on execution the husband, as his office, the said husband
execution shares of the should pay to his sister-in-law ½ of the
partners rents such portion should have received if
Period A stipulation to that May be created for a rented to others.
effect is void period of more than 10
years
Mutual Special authority would There is generally mutual Prescription of use
representation be needed for such representation by the • Mere tolerance on the part of the co-owners cannot legalized the
representation partners change in the use of a thing
Transfer of rights to Freedom of disposition of Needs consent of the o This cannot be used as a basis for prescription
third persons a co-owner’s share other partners
Extinguished No effect By death or incapacity Article 487. Any one of the co-owners may bring an action in ejectment.
Distribution of Invariable (Art. 485) Subject to stipulation Actions for ejectment
profits • Covers all kinds of actions for recovery of possession
o Forcible entry and unlawful detainer, accion publiciana,
ART. 485 reivindicatory action
• A co-owner may bring such an action, without the necessity of joining
Article 486. Each co-owner may use the thing owned in common, provided all the other co-owners as co-plaintiffs, because the suit is deemed
he does so in accordance with the purpose for which it is intended and in instituted for the benefit of all.
such a way as not to injure the interest of the co-ownership or prevent the o Action is for the benefit of the plaintiff alone, the action will
other co-owners from using it according to their rights. The purpose of the not prosper
co-ownership may be changed by agreement, express or implied.
Limitations on co-owner’s right Effect of judgment
1. Purpose for which it is intended; • GR: When the action is brought by one co-owner for the benefit of all,
o The agreement of the parties should govern a favorable decision will benefit them; but an adverse decision cannot
§ In default of such, the thing is intended for the use prejudice their rights.
for which it is ordinarily adapted according to its • EXP: If a co-owner knows that another co-owner has brought an
nature or the use which it has been previously action for ejectment, and he consents to the action being instituted
devoted alone in behalf of all, he should be bound by the decision in the case,
2. Without prejudice to the interests of the co-ownership; and whether it be favorable of adverse.
3. Without preventing the other co-owners from making use thereof
o Co-owners may establish rules regarding their use of the Co-owner v. co-owner
thing • The action brought by any co-owner allowed in this article may be
§ In default thereof, there should be a just and brought not only against third persons, but even against another co-
equitable distribution of uses among all co-owners owner who takes exclusive possession and asserts ownership in
§ If one co-owner alone occupies the entire house him alone.
without opposition of the others, and there is no o Effect:
agreement to lease it, the other co-owners cannot § Obtain recognition of co-ownership
demand the payment of rents. They can either § Defendant cannot be excluded because as co-
exercise an equal right to live in the house or agree owner he has a right to possess
to lease it; if they fail to do so, they must bear the
consequences. ART. 488
*This article refers to taxes and expenses for the preservation of the thing.

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Necessary expenses Effect of opposition by some co-owners
• Expenses of preservation • Upon notice, the co-owners may oppose the making of such repairs
• Do not imply an improvement or increase o This does not deprive the co-owner who intends to make the
necessary repairs of the right to do so and later recover the
Useful expenses not covered proportionate shares of the others in the expenses
• The community is not for the purpose of profit, but only for the • Resolutions of the majority are binding:
preservation of the sources of income; new sources of income cannot, o Administration and better enjoyment of the thing; and
therefore be created at the expense of the co-owners without their o Expenses to improve or embellish the thing
consent • Will of one of the co-owners is sufficient:
o Expenses for preservation
Remedy against defaulting co-owner – co-owner who refused to pay his share • If due to the opposition the repairs are not undertaken and the
in the expenses of preservation: action to compel him to contribute such share property deteriorates or is ruined, then those who opposed such repair
shall pay the losses and damages.
Renunciation by co-owner
• Must be expressly made Effect of failure to notify
• At what time should the property be appraised in order to determine • Such failure does not deprive the co-owner who advances the
the portion that should be renounced? expenses for preservation of the right to recover the proportionate
o Value at the time of renunciation must be the basis shares of the other co-owners in such expenses
o What actually happens is a dacion en pago; the debt of the
co-owner is paid, not in money, but in an interest in property Article 490. Whenever the different stories of a house belong to different
owners, if the titles of ownership do not specify the terms under which they
Prejudicial renunciation should contribute to the necessary expenses and there exists no agreement
• The law prohibits renunciation if it is prejudicial to the co-ownership on the subject, the following rules shall be observed:
• EX: Mr. A owns 2/3 interest in the building, and B and C own 1/6 (1) The main and party walls, the roof and the other things used in
each. If B and C have just enough funds equal to 1/6 of the expected common, shall be preserved at the expense of all the owners in
expenses for repair of the building, and then A renounces in their proportion to the value of the story belonging to each;
favor all his interest in the building, the repair may become impossible
of accomplishment for lack of funds. The waiver in this case is void. (2) Each owner shall bear the cost of maintaining the floor of his story;
B and C can proceed to have the building repaired, and A would still the floor of the entrance, front door, common yard and sanitary
be bound to pay his share of the expenses, notwithstanding his works common to all, shall be maintained at the expense of all the
renunciation. owners pro rata;

Article 489. Repairs for preservation may be made at the will of one of the (3)
The stairs from the entrance to the first story shall be maintained at
co-owners, but he must, if practicable, first notify his co-owners of the the expense of all the owners pro rata, with the exception of the
necessity for such repairs. Expenses to improve or embellish the thing shall owner of the ground floor; the stairs from the first to the second story
be decided upon by a majority as determined in article 492. shall be preserved at the expense of all, except the owner of the
Dean’s example: A B C are co-owners of a house and lot. The roof flew because ground floor and the owner of the first story; and so on successively.
of a strong typhoon. Only A was in the house. Can A undertake the repair of the Condominium
roof acting alone? • Each unit belongs separately to one or more persons ¹ co-ownership
• Yes, because it is a repair necessary for the preservation of the thing. • Partly in co-ownership and partly under individual separate
• A must notify B and C if practicable ownership

Agreement on necessary expenses not needed Dean’s example: A owns the 1st floor; B owns the 2nd floor; and C owns the 3rd
• Authorizes any co-owner to advance the expenses for preservation floor.
o If practicable, he is required to give notice to his co-owners; • Roof? All will be liable
but he is not required to first obtain their consent • Front yard/gate? All
• May advance the necessary expenses and recover from other their • Staircase from the GF to the first story – Only B and C because it is
respective shares assured that A who owns the GF does not need the stairs Art. 490(3)
• Preservation? Everyone in proportion to his interest in the ownership

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 a) That three years after damage or destruction to the project which
Individual Property of their Co-ownership renders material part thereof unit for its use prior thereto, the
Respective Owners project has not been rebuilt or repaired substantially to its state
Separate units • Land & common area prior to its damage or destruction, or
• Areas that benefit all b) That damage or destruction to the project has rendered one-half or
• Common use by different more of the units therein untenantable and that condominium
owners owners holding in aggregate more than thirty percent interest in
the common areas are opposed to repair or restoration of the
CONDOMINIUM ACT (R.A. No. 4726) project; or
Section 5. Any transfer or conveyance of a unit or an apartment, office or c) That the project has been in existence in excess of fifty years, that
store or other space therein, shall include the transfer or conveyance of the it is obsolete and uneconomic, and that condominium owners
undivided interests in the common areas or, in a proper case, the holding in aggregate more than fifty percent interest in the common
membership or shareholdings in the condominium areas are opposed to repair or restoration or remodeling or
corporation: Provided, however, That where the common areas in the modernizing of the project; or
condominium project are owned by the owners of separate units as co- d) That the project or a material part thereof has been condemned or
owners thereof, no condominium unit therein shall be conveyed or expropriated and that the project is no longer viable, or that the
transferred to persons other than Filipino citizens, or corporations at least condominium owners holding in aggregate more than seventy
sixty percent of the capital stock of which belong to Filipino citizens, except percent interest in the common areas are opposed to continuation
in cases of hereditary succession. Where the common areas in a of the condominium regime after expropriation or condemnation of
condominium project are held by a corporation, no transfer or conveyance a material portion thereof; or
of a unit shall be valid if the concomitant transfer of the appurtenant e) (e) That the conditions for such partition by sale set forth in the
membership or stockholding in the corporation will cause the alien interest declaration of restrictions, duly registered in accordance with the
in such corporation to exceed the limits imposed by existing laws. terms of this Act, have been met.
• Owners of separate units as co-owners: foreigners cannot acquire • Section 8
o Binding regardless of whether they assume the obligations
Section 6. Unless otherwise expressly provided in the enabling or master of the restrictions or not
deed or the declaration of restrictions, the incidents of a condominium grant • Under Sections 8 and 13, the condominium owner may demand the:
are as follows: o Partition of the condominium project; or
a) The boundary of the unit granted are the interior surfaces of the o Dissolution of the condominium corporation
perimeter walls, floors, ceilings, windows and doors thereof. The
following are not part of the unit bearing walls, columns, floors, Section 16. A condominium corporation shall not, during its existence, sell,
roofs, foundations and other common structural elements of the exchange, lease or otherwise dispose of the common areas owned or held by
building; lobbies, stairways, hallways, and other areas of common it in the condominium project unless authorized by the affirmative vote of
use, elevator equipment and shafts, central heating, central all the stockholders or members.
refrigeration and central air-conditioning equipment, reservoirs, • Unanimity is required
tanks, pumps and other central services and facilities, pipes,
ducts, flues, chutes, conduits, wires and other utility installations, Article 491. None of the co-owners shall, without the consent of the others,
wherever located, except the outlets thereof when located within make alterations in the thing owned in common, even though benefits for
the unit. all would result therefrom. However, if the withholding of the consent by one
• The condominium owner owns the interior surfaces (only the air or more of the co-owners is clearly prejudicial to the common interest, the
space) courts may afford adequate relief.
*This article refers to alterations which change the nature and essence of the
Section 8. Where several persons own condominiums in a condominium thing; they require the unanimous consent of all the co-owners
project, an action may be brought by one or more such persons for partition
thereof by sale of the entire project, as if the owners of all of the Dean’s example: A B C are co-owners of a palayan. A won the lotto. A tells B and
condominiums in such project were co-owners of the entire project in the C let us convert this Riceland into a resort. (ACT OF ALTERATION which requires
same proportion as their interests in the common areas: Provided, however, unanimity)
That a partition shall be made only upon a showing: - Mere administration – majority of interest***

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Meaning of alteration Whenever a part of the thing belongs exclusively to one of the co-owners,
• Act by virtue of which a co-owner changes the thing from the state in and the remainder is owned in common, the preceding provision shall apply
which the others believe it should remain, or withdraws it from the only to the part owned in common.
use to which they desire it to be intended/
o Material changes Administration Alteration
o Changes in the use from that expressly or tacitly agreed Enjoyment and preservation of the Permanent result and relate to the
upon by the co-owners thing with transitory character substance or form of the thing
• Excluded: *Mere administration à majority***
o Modifies and limits Determination of majority
o Prejudices the condition of the thing or its enjoyment • The code considers only the majority in interest and disregards the
• Alteration needs unanimity majority in number
o Alteration constitutes an exercise of the right of ownership, • Majority required: an absolute majority or more than half of the value
and the exercise of ownership, which pertains to all the co- of the thing
owners, must be made by all of them
§ Consent may either be expressed or tacit Article 493. Each co-owner shall have the full ownership of his part and of
the fruits and benefits pertaining thereto, and he may therefore alienate,
Liability for alterations assign or mortgage it, and even substitute another person in its enjoyment,
§ Tacit consent – co-owner who knows the alteration but does not except when personal rights are involved. But the effect of the alienation or
interpose any objection the mortgage, with respect to the co-owners, shall be limited to the portion
o A co-owner who has not expressly consented, cannot be which may be allotted to him in the division upon the termination of the co-
made to pay part of the expenses ownership.
• Neither express nor tacit consent, the alteration is illegal Right of each co-owner
o The co-owner who makes them acts as if he were the sole • Before the partition of a land or thing held in common, no individual
individual owners, and, thus, in bad faith. or co-owner can claim title to any definite portion thereof.
§ Loses what he spent • This article gives the owner of an undivided interest in the property
§ Demolish the work the right to freely sell and dispose of it—that is, his undivided share.
§ Pay the loss/damage He may also lease it to third persons. But he has no right to sell or
• If removal or demolition is not possible: alienate a concrete, specific, or determinate part of the thing
co-owners may ask for indemnity for owned in common.
damages, without being obliged to share o A co-owner can demand for division but not physical division
in the expenses for alteration • All the co-owner has is an ideal or abstract quota or proportionate
share in the entire land or thing
Acts of ownership
• Even if a co-owner sells the whole property as his, the sale will only
• For all acts of ownership, the unanimous consent of the co-owners affect his own share, but not those of the other co-owners who did not
is necessary consent to the sale
Article 492. For the administration and better enjoyment of the thing Article 494. No co-owner shall be obliged to remain in the co-ownership.
owned in common, the resolutions of the majority of the co-owners shall be Each co-owner may demand at any time the partition of the thing owned in
binding. common, insofar as his share is concerned.
There shall be no majority unless the resolution is approved by the co- Nevertheless, an agreement to keep the thing undivided for a certain period
owners who represent the controlling interest in the object of the co- of time, not exceeding ten years, shall be valid. This term may be extended
ownership. by a new agreement.
Should there be no majority, or should the resolution of the majority be A donor or testator may prohibit partition for a period which shall not exceed
seriously prejudicial to those interested in the property owned in common, twenty years.
the court, at the instance of an interested party, shall order such measures
as it may deem proper, including the appointment of an administrator. Neither shall there be any partition when it is prohibited by law.

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 No prescription shall run in favor of a co-owner or co-heir against his co- 4. Only after the lapse of the prescriptive period
owners or co-heirs so long as he expressly or impliedly recognizes the co- provided by law (GF: 10 years; BF: 30 years)
ownership.
Termination of co-ownership Article 495. Notwithstanding the provisions of the preceding article, the co-
1. Consolidation in only one of the owners of all the shares of the others; owners cannot demand a physical division of the thing owned in common,
2. Destruction of the thing or the loss of the right; when to do so would render it unserviceable for the use for which it is
3. Prescription in favor of a 3rd person; intended. But the co-ownership may be terminated in accordance with
4. Partition which converts into certain and definite parts the respective article 498.
undivided shares of the co-owners Partition
• Division between two or more persons of real or personal property
Exceptions which they own as co-owners so that they may enjoy and possess it
Partition cannot be asked: severalty.
1. Co-owners have agreed to continue the co-ownership for the period • Can be made orally or in writing
permitted by law; • An action for partition will not prosper from the moment an alleged
2. Co-ownership is imposed as a condition in a donation or a will; co-owner asserts an adverse title; but if the community character if
3. From the very nature of the community it cannot be legally divided; the litigated property is proven, partition may be decreed.
or
4. When the partition or division will render the things unserviceable Dean’s example: You and I are co-owners of a parcel of land.
• During the existence of a co-ownership, I cannot point to a particular
Stipulation postulate of land. If we co-owned a parcel of land, both us own an ideal
• A stipulation to keep the thing undivided is a renunciation by the co- ½ interest in the property.
owner of his right to ask for partition at any time A B C are co-owners of a parcel of land.
o Period of indivision cannot be for more than 10 years • During the existence, none of them can point to a specific point of
1. Where the parties stipulate a definite period of property.
indivision, but it exceeds the maximum allowed by
the article, the stipulation would be void only as to Order of partition
the period beyond such maximum 1. The parties may, if they are able to agree, make partition among
themselves by proper instrument of conveyance, and the court shall
Prescription by a co-owner confirm the partition so agreed upon by the parties.
• An action for partition is imprescriptible or cannot be barred by 2. If the parties are unable to agree, the court shall by order appoint not
prescription = implies that the thing is still owned in common more than 3 competent and disinterested persons as commissioners
• Possession by 1 co-owner is presumed to benefit all to make the partition.
• Acquisitive prescription 3. When it is made to appear to the commissioners that the real estate
o If a co-owner or co-heir holds the property in exclusive and cannot be divided without great prejudice to the interest of the parties,
adverse possession as owner, asserting sole and exclusive the court may order it assigned to one of the parties willing to take the
dominion, for the required prescriptive period, he can same, provided he pays the other parties such sum as the
acquire sole title to it as against the co-heirs or co- commissioners deem equitable, unless one of the parties interested
owners. ask that the property to be sold instead of being so assigned.
o The imprescriptibly of the action for prescription cannot be
invoked when one of the co-owners has thus possessed the ART. 497
property as exclusive owner, and a period sufficient to • All creditors must be considered entitled to intervene in the partition
acquire it by prescription. of the common property
o Title may prescribe in favor of one of the owners: o Creditors during the co-ownership and not before the
1. He has repudiated the claim of others; formation of the co-ownership/after the agreement of
2. Acts if repudiation have been made known to the partition
other co-owners; and • Presupposes the duty of those asking for division to notify such
3. The evidence thereon must be based clear and creditors
convincing; and o Notice not given: the partition will not be binding on them

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 o Notice is given but the creditors did not intervene, they Degrees of possession
cannot question the division made, except in case of fraud 1. Mere holding, or possession without title whatsoever, and in violation
o If they formulate a formal opposition, they can contest such of the right of the owner (ex: possession of a thief)
partition made in spite of their opposition 2. Possession with juridical title, but not that of the ownership (ex:
tenant)
ART. 498 3. Possession with a just title or a title sufficient to transfer ownership
ART. 499 but not from the true owner (ex: person who pretends to be the owner)
ART. 500 4. Possession with a just title from the true owner

Article 501. Every co-owner shall, after partition, be liable for defects of title Article 524. Possession may be exercised in one's own name or in that of
and quality of the portion assigned to each of the other co-owners. another.
Dean’s example: You are a tenant/lessee of a house and lot. However, you are
TITLE V in Japan for a vacation and left your first cousin as a caretaker of that house and
Chapter 1: POSSESSION AND THE KINDS THEREOF lot. Who is in possession? The tenant. The first cousin is exercising possession
Article 523. Possession is the holding of a thing or the enjoyment of a right. for you.
Possession • Possession of things/rights of the tenant ***
• Holding of a thing or right (whether by material occupation or o Concept of owner: leasehold rights
subjected to the action of our will) o Concept of a mere holder: you recognize you’re not the owner,
• Detention or enjoyment of a thing or right which a man holds or you’re just a tenant
exercises by himself or by another who keeps or exercises it in his
name Possession in another’s name
• A third person may voluntarily exercise possession in the name of
Possession (Dean’s explanation) another, but this does not become effective unless ratified by the
1. Holding/control of the thing person in whose name it is exercised.
2. Animus possidendi (if you do not have an intention to possess, you are
not in possession) ART. 525
3. By virtue of one’s own right Possession of holder
• One who possesses as a mere holder acknowledges in another a
Material occupation superior right which he believes to be ownership
• Possession always includes the idea of occupation o Ex: tenant possesses the thing leased as a mere holder
• Not necessary that person in possession should himself be the § But a tenant may be considered as possessor in the
occupant because the occupancy can be held by another in his name concept of owner, with respect to the right they
respectively exercise over the thing. ***
Animus possidendi § Tenant possesses the thing as a holder and he
In order to complete possession 2 things are required: possesses the lease right as owner.
1. Occupancy, apprehension, or taking; and
2. An intent to possess (animus possidendi) Concept of owner
• May be the owner himself or one who claims to be so
Constructive possession • When a person claims to be the owner of a thing, whether he believes
• GR: Possession and cultivation of a portion of a tract under claim of so or not, acting as an owner, and performing acts of ownership, and
ownership of all is a constructive possession of all, if the remainder is he is or may be considered as the owner by those who witness his
not in the adverse possession of another exercise of propriety rights.
• EXP: Relating to the size of the tract with reference to the portion
actually in possession of claimant Article 526. He is deemed a possessor in good faith who is not aware that
• The doctrine of constructive possession applies when the there exists in his title or mode of acquisition any flaw which invalidates it.
possession is under title claiming for the whole. The actual possession
of part of the property is deemed to be extended to the whole. He is deemed a possessor in bad faith who possesses in any case contrary
• Does not apply where the possession is without title. to the foregoing.

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 Mistake upon a doubtful or difficult question of law may be the basis of good o Dizon v. Rodriguez: Some foreshore lands were titled to
faith. private individuals then they were sold to innocent
Possessor in good faith purchasers of value. Foreshore lands belong to the public
• Possessor’s belief that the person from whom he received a thing was dominion, hence, it is beyond the commerce of man and
the owner of the same and could convey his title cannot be title to private individuals. The court ruled that
• Good faith is always presumed, and he who alleges bad faith on plaintiff-appellants were possessors in good faith on the
the part of the possessor has the burden of proving his allegation basis of mistake upon a doubtful or difficult question of
(Art. 527) law may be the basis of good faith. Even the members of
o Dean’s example: When is good faith lost? The moment the this Court were for a long time divided, two to one, on the
possessor becomes aware (Art. 528). At the service of answer. It was only after several sessions, where the results
summons or it can even happen earlier when the real owner of exhaustive researches on both sides were thoroughly
confronted you and showed you her title (from this point you discussed, that an undivided Court finally found the answer
are considered in bad faith). given in the next preceding paragraph.

Dean’s example Possession in bad faith

• Can a person in bad faith be a possessor in concept of owner? • One in possession of property knowing that his title thereto is
o A possessor in bad faith can be exercised by a person in bad defective, is a possessor in bad faith
faith as long as he projects himself to others as the owner of • Bad faith is not transmissible from one person to another, not
the property. even an heir***
§ Makes a claim • Dean’s example: If your purchase property and at the time of purchase,
§ Tells other people he is the owner certain portions were claimed by 3rd persons. You did not inquire as to
why. You are in bad faith. You cannot claim that you acted in good faith
Possession in Good Faith Possession in Bad Faith under the belief that there is not defect/flaw in the title. You should
Not aware that there is a defect in his But if the son is aware, he is in abd have made inquiries.
title/mode of acquisition. faith.
Ex: You father died. He owns a land. Article 527. Good faith is always presumed, and upon him who alleges bad
You thought that such land belonged faith on the part of a possessor rests the burden of proof.
to him so you continued. Turns out he
is not the owner. The son is not aware Article 528. Possession acquired in good faith does not lose this character
so he is in good faith.*** except in the case and from the moment facts exist which show that the
possessor is not unaware that he possesses the thing improperly or
Ignorance of the law wrongfully.
• Ignorance of the law may be excusable and thus serve as the basis of Interruption of good faith
good faith: • Possession in good faith ceases from the moment defects in the title
o Kasilag v. Rodriguez: Ambrosio mortgaged to Kasilag the are made known to the possessor, by extraneous evidence or by suit
improvements she made on her land acquired by a of recovery of the property by true owner.
homestead patent. The court ruled that gross and
inexcusable ignorance of the law may not be the basis of When conversion takes place
good faith, but possible, excusable ignorance may be such • An action is filed to recover possession, good faith ceases from the
basis. It is a fact that the petitioner is not conversant with date the summons to appear at the trial. If the date of the summons
the laws because he is not a lawyer. In accepting the does not appear in the record, that of the answer will be adopted
mortgage of the improvements he proceeded on the well-
grounded belief that he was not violating the prohibition Article 529. It is presumed that possession continues to be enjoyed in the
regarding the alienation of the land. In taking possession same character in which it was acquired, until the contrary is proved.
thereof and in consenting to receive its fruits, he did not ART. 530
know, as clearly as a jurist does, that the possession and
enjoyment of the fruits are attributes of the contract of Chapter 2: ACQUISITION OF POSSESSION
antichresis and that the latter, as a lien, was prohibited by Article 531. Possession is acquired by the material occupation of a thing or
section 116. the exercise of a right, or by the fact that it is subject to the action of our

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 will, or by the proper acts and legal formalities established for acquiring Authority to acquire
such right. • Most usual form of authority to acquire possession for another is that
Dean’s discussion of agency, whether it be a special power or a general authority.
• In order to acquire possession, it is not necessary that you plant • Where there is such authorization, the principal acquires the
your feet on the whole property possession from the moment the agent holds the thing for the former.
• Cannot be considered to possess the entire land if the other portion is • Without previous authorization, when a person voluntarily
in adverse possession of 3rd persons à fiction > reality manages the affairs of another (negotiorum gestio), the ratification by
the person for whom the thing was acquired will retroact to the time
Essential requisites of apprehension by the gestor, and the possession of the former must
1. The corpus à material holding of a thing be deemed to have been acquired from that moment.
2. The animus à intent to possess
These 2 must concur Article 533. The possession of hereditary property is deemed transmitted
to the heir without interruption and from the moment of the death of the
Constructive delivery decedent, in case the inheritance is accepted.
1. Tradicion brevi-manu – when one possesses a thing by title other than
ownership, continues to possess the same but under a new title, that One who validly renounces an inheritance is deemed never to have
of ownership. possessed the same.
a. Dean’s example: Leasing as a tenant (house). You brought Illustration
that house. You’re already there, you don’t need to step out. A à in possession of a land he thought was his for 8 years
2. Constitutum possessorium – owner alienates the things, but continues A died
to possess the same under a different title. B (son of A) à administrator for 3 years while the settlement was pending
a. Dean’s example: The owner sells the property but continues B à renounced
to stay as the tenant. C (brother of A) à nearest relative who accepted the inheritance
3. Tradicion simbolica – effected by delivering some object or symbol = Legally, B has never been in possession although he was physically or
placing the thing under the control of the transferee materially holding the property, while C, who had never set foot upon the land,
4. Tradicion longa manu – effected by the transferor pointing out to the is deemed to have been in possession from the very moment A died. So that, if
transferee the things which are being transferred later, a third person appears to claim the property, C can assert ownership by
a. Dean’s example: You bought a property and the seller points prescription because, legally, the possession has been uninterrupted for 11
to the parcel of land by mere consent/pointing. years, and 10 years possession in GF is sufficient for the prescription of
ownership of real property.
Article 532. Possession may be acquired by the same person who is to enjoy
it, by his legal representative, by his agent, or by any person without any Dean’s example: Father is a possessor of a land. He died. The son continued
power whatever: but in the last case, the possession shall not be considered possession à possession continued without interruption
as acquired until the person in whose name the act of possession was
executed has ratified the same, without prejudice to the juridical Article 534. On who succeeds by hereditary title shall not suffer the
consequences of negotiorum gestio in a proper case. consequences of the wrongful possession of the decedent, if it is not shown
Elements of personal acquisition that he was aware of the flaws affecting it; but the effects of possession in
1. He must have the capacity to acquire possession; good faith shall not benefit him except from the date of death of the
2. He must have the intent to possess; and decedent.
3. The possibility to acquire possession must be present Illustration
X à bad faith for 2 years
Acquisition through another Y (X’s son) à took possession in good faith
1. That the representative/agent has the intention to acquire the thing Y à gathered fruits which realized 10,000
or exercise the right for another, and not for himself; and X died
2. That the person for who, the thing has been acquired or the right Y à gathered fruits which realized 20,000
exercised, has the intention of possessing such thing or exercising Z (true owner) à recovers possession
such right = Y cannot be made to pay damages which Z could have recovered from X for
the latter’s possession in BF.

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW
 = Y can keep the 20,000 which he received from the fruits which he harvested Dean’s explanation: the acts in this article do not affect possession
during his possession by virtue of Art. 544, he cannot keep the 10,000 which Dean’s examples:
he realized from the sale of fruits harvested before X’s death. The effects of GF • You have a land located in the most remote barangay. You have not
benefit him only from the moment of X’s death; the fruits received before that visited it in years. Somebody has entered and cultivated portions of the
moment must be returned to Z under Art. 549. property. à Act executed clandestinely
• Neighbor using your yard to ether his cow à Act merely tolerated
Dean’s example:
Father à possessor in bad faith for 6 years Heirs of Melo
Son (thought the father was the owner) à after 6 years, he continued possession • A parcel of land was covered by a TCT title. The municipality
How many years should the son possess the land in order to acquire possession? expropriated the property. The owner delivered title and possession of
• 30 years: possessor in BF; 10 years: possessor in GF. The son needs land to the municipality. After 32 years, the property has not been
to possess the land for 8 years because the son is in good faith. expropriated (the physical possession has been delivered 32 years
o Ratio of GF to BF: 1:3 ago.) The property was used as a public market. The heirs filed an
o 6 years of bad faith of the father = 2 years of GF action for recovery of possession. The court ruled that the action will
o So the son needs 8 years. prosper because the possession of the municipality was merely
tolerated. The TCT is indefeasible and imprescriptible.
ART. 535
Article 536. In no case may possession be acquired through force or Article 538. Possession as a fact cannot be recognized at the same time in
intimidation as long as there is a possessor who objects thereto. He who two different personalities except in the cases of co-possession. Should a
believes that he has an action or a right to deprive another of the holding of question arise regarding the fact of possession, the present possessor shall
a thing, must invoke the aid of the competent court, if the holder should be preferred; if there are two possessors, the one longer in possession; if the
refuse to deliver the thing. dates of the possession are the same, the one who presents a title; and if all
*Never take the law into your own hands, must invoked the aid of the competent these conditions are equal, the thing shall be placed in judicial deposit
court. pending determination of its possession or ownership through proper
proceedings.
Article 537. Acts merely tolerated, and those executed clandestinely and *Dean: This is possession as a fact.
without the knowledge of the possessor of a thing, or by violence, do not Illustration
affect possession. A à actual possession but he left the land to visit his family in the province
*The acts referred in this article do not constitute true possession. B à enters the land and occupies it
Notwithstanding their performance, the possession continues to reside = B’s act does not affect A’s possession; hence, A will be considered an actual
in the legal possessor. possessor and will be preferred.

Acts merely tolerated A & B à occupy the same parcel of land but each asserts possession over the
• By reason of neighborliness or a familiarity, the owner of the property whole property
allows his neighbor or another person to do on the property. = The preference will be in favor of one was first in taking possession
• Particular services or benefits which one’s property can give to
another without material injury or prejudice to the owner, who A & B à took possession at the same time
permits them out of courtesy or friendship A à squatter
B à lease contract with the owner
Clandestine and unknown acts = B will be preferred; the lease contract is his title
• Possession which is not public is clandestine
• Required: the possession be not only clandestine but also unknown ora et labora
to the owner

Acts of violence
1. One forcibly takes away the property from another; or
2. When one occupied property in the absence of another, and repels the
latter upon his return

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Cristina Miguela V. Villalva | ARELLANO UNIVERSITY SCHOOL OF LAW