TITLE VIII.

NUISANCE
Articles 694 to 707
1. In general, what is a nuisance? Is it an act? A condition of
property?
Note: Article 694 discusses a nuisance in the general
sense and not in the limited scope of condition or
enjoyment of property; however, Article 696
discusses nuisance in the concept of condition of
property that causes harm or damage.

2. What is the relation of the law on nuisance on the attributes

of ownership of property?
A nuisance is a restriction or a limitation on ownership
of property

The condition or enjoyment of property can be the

source of the nuisance to third persons, or the nuisance
can affect the enjoyment and use by a property owner
of his property

3. Distinguish nuisance and tort

4. Distinguish trespass and nuisance

As abovementioned, the nuisance can either be the

condition of property that annoys or offends third
persons, or a nuisance can affect the enjoyment and
use by a property owner of his property.

Trespass involves possession of property, or rather, an

interference in the possession of property.
A nuisance affects the enjoyment and use by a property
owner of his property.

5. Distinguish trespass and abatement of nuisance

6. Distinguish nuisance and negligence
7. To recover damages for nuisances, is it necessary that there
is negligence on the part of the property-owner?

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 Note: Liability for nuisance arises from injury to
another person; however, for negligence, the liability arises
from want of care

8. What are the classifications of nuisance based on the

object/s they affect?
A public nuisance is one that affects a community
or neighborhood or a considerable number of persons.

A private nuisance is a substantial and unreasonable

interference with the private use and enjoyment of
another’s land
Note: This definition of private nuisance is based
on the enjoyment of one’s property; how the
a. Can you recover damages for a public nuisance?
b. Can you recover damages for a private nuisance?
i. What are the requisites to recover under a private
nuisance?
1. There must be damage
a. The damage must either be to the
property of the claimant or a physical
discomfort suffered by the claimant
himself
2. The interference with the private use and
enjoyment of property is either (i) intentional
and unreasonable or (ii) unintentional,
negligent or reckless conduct; or (iii) resulting
in abnormally dangerous activities in an
inappropriate place
9. What is the doctrine of comparative utility or balancing act
of utilities, sometimes also known as doctrine of
comparative injury?
This concept is based on Am jurisprudence and
provides that there is only a nuisance if the annoyance
outweighs the utility to the actor and to society as a
whole.

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10. What are the classifications of nuisance based on their
susceptibility of abatement? Which of this may be summarily
abated?

11. What is the doctrine of attractive nuisance?

Note: This doctrine offers an exception to the
limited duty owed by a landowner to a trespasser. It
applies only where trespassing children are involved.

12. What are the remedies available to abate a public

nuisance? Are these remedies alternative or cumulative?

13. Who can abate a public nuisance?

14. When can a private person abate a public nuisance?
What are the necessary conditions that a private person
must first comply with?
15. What is the exception to the requirement that the
owner of the property that is considered a public nuisance
be given prior notice?
16. If, after seeking assistance from the district health
office, a public nuisance is not abated, can a private
individual who is offended by the public nuisance abate it
directly?

17. What are the remedies available to abate a private

nuisance?
18. Who can abate a private nuisance?

19. When can a private person or a public official who

abated a nuisance be held liable for damages?

20. To provide additional source of income during the

pandemic, your neighbor decided to open a canteen in her
garage within your exclusive subdivision. Post pandemic,
and considering her garage/canteen is near the village gate,
the day-time laborers who have projects within the village
and the tricycle drivers started to flock to her canteen
causing traffic and unwanted “visitors” within the village. As
the neighbor, what are your available remedies?

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 Would your answer be the same if, due to customer’s
request, your neighbor also opens a bakery? How about if it
she offered alcoholic beverages?

TITLE IX. REGISTRY OF PROPERTY

Articles 708 to 711

Though PD1529, the Property Registration Decree, the Philippines

is covered by the TORRENS SYSTEM

Registration of property (lands and buildings) under the Torrens

System, shall result to the issuance of a certificate of title.

When an untitled property first enters the Torrens System, the

property owner, after public hearing, will be issued an Original
Certificate of Title (OCT). In case of any subsequent disposition
and change of ownership of the property, the OCT will be
canceled and a Transfer Certificate of Title (TCT) will be issued in
the name of the new owner; and all subsequent changes of
ownership shall, too, be covered by a TCT (never again by an
OCT).

The land registration proceeding to cause the titling of property

and having it registered under the Torrens System is a
proceeding in rem. This means that the decision of the Regional
Trial Court rendered in the land registration proceeding
registration case bound the lands covered by the decree and
quieted title thereto, and is conclusive upon and against all
persons, including the government and all the branches thereof,
whether specifically mentioned by name in the application, notice
or citation, or not.

If a property is surreptitiously registered under the

Torrens System by a person who has no claim to it to the
prejudice of the persons in actual possession, what are
the remedies available to those in actual possession?

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 Any person deprived of land or of any estate or interest
therein by decree of registration obtained by fraud would
file in the Regional Trial Court may reopen the decree of
registration by filing a petition for review within one year
after entry of the decree.

What are the exceptions to the availability of this

remedy:
(i) If an innocent purchaser for value had
acquired interest in the land.

A defective title, or one the procurement

of which is tainted with fraud and
misrepresentation — may be the source of a
completely legal and valid title, provided that
the buyer is an innocent third person who, in
good faith, relied on the correctness of the
certificate of title, or an innocent purchaser
for value.

(ii) The certificate of title has become

incontrovertible upon the expiration of one
year from the decree of registration

What is the mirror doctrine?

The mirror doctrine provides that every person dealing

with registered land may safely rely on the correctness of
the certificate of title issued therefor and is in no way
obliged to go beyond the certificate to determine the
condition of the property.

What are the exceptions to the mirror doctrine?

(a)when the party has actual knowledge of facts and
circumstances that would impel a reasonably cautious man
to make further inquiry;
(b)when the buyer has knowledge of a defect or the lack of title
in his vendor; or

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 (c)when the buyer/mortgagee is a bank or an institution of
similar nature as they are enjoined to exert a higher degree
of diligence, care, and prudence than individuals in handling
real estate transactions.

What is an affidavit of adverse claim?

An affidavit of adverse claim is a statement in writing by any
person who claims any part or interest in registered land
adverse to the registered owner, arising subsequent to the
date of the original registration setting forth his alleged right
or interest in the property.

The affidavit of adverse claim is submitted to the registry of

property (Land Registration Authority) to have it annotated
in the dorsal part of the certificate of title.

Every registered owner and every subsequent purchaser for

value in good faith holds the title to the property free from
all encumbrances except those noted in the certificate. The
purpose of annotating an adverse claim is to put third
persons at notice that there is an adverse claim; hence any
person who transacts with the registered owner after the
annotation of the adverse claim does so at his own risk.

Will an affidavit of adverse claim be automatically

canceled after the lapse of 30 days?
No. Although PD 1529 provides that the adverse claim shall
be effective for a period of thirty days from the date of
registration; unless the interested party files a petition for
cancellation of adverse claim, the adverse claim will not be
canceled even after the lapse of 30 days.
Can registered land be acquired by prescription?
No title to registered land in derogation of the title of the
registered owner shall be acquired by prescription or adverse
possession.

Can a certificate of title be subject to collateral attack?

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 A collateral attack is to question the validity of the certificate
of title as an issue in a case, which is not directly filed for its
cancellation.

Section 48 of PD1529 provides that a certificate not subject

to collateral attack. It cannot be altered, modified, or canceled
except in a direct proceeding in accordance with law.

What is a notice of lis pendens?

It is a memorandum or notice stating

(i) the institution of an action to recover possession of real
estate, or to quiet title thereto, or to remove clouds upon the title
thereof, or for partition, or other proceedings of any kind in court
directly affecting the title to land or the use or occupation thereof
or the buildings thereon
(ii) the court wherein the same is pending,
(iii) the date of the institution thereof,
(iv) together with a reference to the number of the
certificate of title, and an adequate description of the land
affected and the registered owner thereof.

What is the significance of a notice of lis pendens?

In the absence of a notice of lis pendens a judgment on an action

to recover possession of real estate, or to quiet title thereto, or to
remove clouds upon the title thereof, or for partition, or other
proceedings of any kind in court directly affecting the title to land
or the use or occupation thereof or the buildings thereon, or a
proceeding to vacate or reverse any judgment shall not have any
effect upon registered land as against persons other than the
parties thereto

Otherwise put, third parties are not given notice that an action to
recover possession of real estate, or to quiet title thereto, or to
remove clouds upon the title thereof, or for partition, or other
proceedings of any kind in court is pending in court. Hence,
applying mirror doctrine, they can rely solely on the title; and any

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judgment subsequently rendered in the action is not binding on
them who solely relied on the title on its face in good faith.

Can the Register of Deeds refuse to register an affidavit of

adverse claim or a notice of lis pendens?
As a rule, no, since the obligation of the Register of Deed is
ministerial in nature.

BOOK III. DIFFERENT MODES OF ACQUIRING PROPERTY

Article 712

1. What are the different modes of acquiring property? What are

the different modes of acquiring and transmitting property?

2. What are the original modes of acquiring ownership? What are

the derivative modes of acquiring ownership?

Note: A mode is original if it is independent of the

ownership of a third person, otherwise, it is a derivative
mode.

3. Illustrate how law is a mode of acquiring property. (See Articles

624, 681, 1434

4. Differentiate “mode” and “title”. Is there any practical

difference?

Note: Commentaries state that mode is a real

right that can be asserted against third persons, while title is
a personal right. Hence, in a contract of sale,
tradition/delivery creates the real right while the contract
constitutes the title.

5. What are the requisites for tradition? Is physical delivery of the

thing sufficient?

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 Bare delivery is insufficient. The following requisites
must be present to constitute tradition:

(i) Pre-existence of the right to be transmitted in the

estate of the grantor
(ii) Just cause or title for the transmission;
(iii) Intention on the part of the grantor to grant and
on the part of the grantee to acquire;
(iv) Capacity to transmit on the part of the grantor and
capacity to acquire on the part of the grantee
(v) An act which gives it outward form, physically,
symbolically or legally.

6. If the buyer of a motor vehicle already has it registered with

the LTO in his name for the execution of a chattel mortgage
but there has been no physical delivery of the said vehicle, and
the vehicle is destroyed in the meantime, who owns the vehicle
and effectively bears the risk of loss?

The liability remains with the grantor/seller. It is

necessary that the act of delivery is coupled with the
intention of delivering the thing. Since the registration of the
vehicle is solely for the execution of a chattel mortgage,
there is no outward act signifying the intention of the grantor
to deliver the vehicle. (See Norkis Distributors Inc v. CA and
Aznar v. Yapdiangco)

TITLE I. OCCUPATION
Arts 713 to 720

7. What are the requisites for occupation?

1. the thing must be res nullius or without an owner
2. the thing must be corporeal personal property that is
susceptible of appropriation by nature;
3. it must be seized, or brought into the actual possession
and control of the one professing it;
4. there must be an intention to appropriate; and

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 5. the requisites or conditions laid down by law must be
complied with

8. Is the possession of a thing equivalent to its occupation?

No. Possession applies to both real and personal property
but occupation is limited to corporeal personal property. Mere
possession creates the presumption of ownership but
occupation is an original mode of ownership over things that
have no owner.

9. What is the period to claim a swarm of bees before it become

res nullius?

10. What is the period to claim a domesticated animal before it

become res nullius?

11. What is the period to claim a domestic before it become res

nullius?
12. What is the period to claim an abandoned property before it
become res nullius?

TITLE II. INTELLECTUAL CREATION

Arts 721 to 724

13. Differentiate intellectual creation from intellectual property.

Intellectual creation is an original mode of acquiring

ownership whereby the creations or products of one’s mind or
intellect, such as writings, musical compositions, artistic
creations, discoveries, and inventions, become his exclusive
property
Intellectual property refers to the totality of the rights which
the law recognizes in favor of the author, composer, painter,
artist, scientist, or any other person with respect to the creations
or products of his intellect

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14. Per Article 722, the author, composer, etc has ownership
over his intellectual creation. Is ownership sufficient for
purposes of monetizing and enforcing his rights against other
persons claiming ownership of his invention?
The author, composer, scientist is considered the owner of
his intellectual creation but unless he has secured his rights to
his intellectual creation, he may not be able to effectively claim
prior right as against third persons claiming to also have
ownership over the intellectual creation.

15. Who owns the intellectual creation of a written private

communication? If that is the case, can the recipient destroy
the intellectual creation?
The writer or his heirs owns the intellectual creation.
The recipient only acquires the letter itself. He may destroy
the letter itself, but not the intellectual creation per se which
is created by the author.

16. Who has the right to a patent if the employee creates the
invention using the tools and equipment of the employer?
It is the employer if the invention is the result of the
performance of the regularly-assigned duties of the employee.
The employee still owns the intellectual creation, but not the
patent or the intellectual property

TITLE V. PRESCRIPTION
Chapter 1. General Provisions (Arts 1106 to 1116)
Chapter 2. Prescription of Ownership and other Real Rights (Arts
1117 to 1138)
Chapter 3. Prescription of Actions (Arts 1139 to 1155)

17. Differentiate acquisitive and extinctive prescription.

18. What are the requisites for acquisitive prescription?
a. The Capacity of the claimant to acquire by prescription

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 - He must hold the thing in the capacity of an owner
or adverse to the interest of the owner
b. A thing capable of prescription
c. Possession of the thing under certain conditions
- The lapse of time to acquire ownership of the
property by prescription is provided by law
19. Explain the doctrine of laches
Laches is failure or neglect, for an unreasonable and
unexplained length of time, to do that which, by exercising due
diligence, one could or should have done earlier. It is
negligence or omission to assert a right within a reasonable
time, warranting a presumption that the party entitled to assert
it either has abandoned it or declined to assert it.

Note: Laches is an equitable doctrine; and as a rule,

equity only applies in the absence of a specific law.

20. What are the different prescriptive periods to acquire

personal property? Real property?
21. What are the instances when prescription will not lie?
(i) Prescription does not run against registered land.
However, this applies only to acquisitive prescription. In
Pangasinan v Disonglo-Almazora, the Supreme Court said
that this does not apply to extinctive prescription, or the
period in which the registered owner may file a case. More
recently, the Supreme Court has applied the doctrine of
laches against property owners who do not timely file suit.
(ii) The property of the State and its subdivisions which are
classified as belonging to the public dominion. It does not
apply with respect to their patrimonial property.
(iii) In an express trust, the trustee cannot acquire by
prescription the ownership of the property entrusted to
him.

What are the exceptions?

a. The trustee has performed unequivocal acts of
repudiation of the cestui que trust
b. These acts of repudiation have been made known to
the cestui que trust

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 c. There is clear and conclusive evidence of such
repudiation.
(iv) Co-owners and Co-heirs with respect to the property
owned in common.
(v) Husbands and wives during their marriage; and between
parents and children during the minority or insanity of the
latter.

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