PROPERTY Title II Ownership Ownership in General Art. 427. Ownership may be exercised over things or rights. Art. 428.

The owner has the right to enjoy and dispose of a thing without other limitations than those established by law. The owner also has the right of action against the holder and possessor of the thing in order to recover it. Ownership in General Fundamental Limitations of Ownership 1. Those imposed by LAW 2. Those imposed by the STATE 3. Those imposed by the OWNER 4. Those imposed by the GRANTOR Ownership in General Actions to Recover Ones Property 1. Recovery of PERSONAL Property - Replevin 2. Recovery of REAL Property a. Forcible Entry b. Unlawful Detainer [Accion Interdictal]

c. Accion Publiciana d. Accion Revindicatoria e. Writ of Preliminary or Mandatory Injunction f. Writ of Possession
Actions to Recover Forcible Entry A summary action to recover material or physical possession of real property when a person ORIGINALLY in possession was deprived thereof by FISTS: 1. Force 2. Intimidation 3. Strategy 4. Threat 5. Stealth Actions to Recover Prescriptive Period 1. The action must be brought within one [1] year from the dispossession 2. In cases of strategy or stealth one [1] year from the time of discovery of such Issue Involved Mere PHYSICAL possession Actions to Recover

Facts to be Stated in a Complaint for Forcible Entry: 1. The plaintiff has been in PRIOR PHYSCIAL POSSESSION of the property; and 2. He has been UNLAWFULLY DEPRIVED of such possession by another person through FISTS Actions to Recover Unlawful Detainer (Accion Interdictal) The action that must be brought: *when possession by a landlord, vendor, vendee or other person *of any land or building *is being unlawfully withheld *after the expiration or termination of the right to hold possession, *by virtue of any contract, express or implied. Actions to Recover Prescriptive Period [Unlawful Detainer] The action must be brought within one [1] year from the date of withholding Issue Possession de facto (material possession) by the person unlawfully detaining ones property Purpose To exact specific performance of a contract and NOT to recover possession Actions to Recover Facts to be Stated in a Complaint for Unlawful Detainer: 1. That the defendant originally had LAWFUL possession of the property; and 2. That the defendant is UNLAWFULLY WITHHOLDING possession of the property from the plaintiff Actions to Recover

Accion Publiciana
An action to establish who has the better right to possess Prescriptive Period The action must be brought within ten [10] years Issue The issue here is possession de jure Actions to Recover Kinds of Accion Publiciana 1. That where the entry was not obtained thru FISTS 2. That where the one [1] year period for bringing forcible entry or unlawful detainer has already expired, the action may still be brought to court as accion publiciana Actions to Recover

Accion Revindicatoria
An action to recover ownership over real property

Prescriptive Period 1. 10 years ordinary prescription (which requires good faith and just title) 2. 30 years extraordinary prescription (does not require good faith and just title) Issue The issue involved here is ownership, therefore evidence of title or mode may be introduced Ownership in General Art. 429 - Doctrine of Self Help The owner of lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Ownership in General Doctrine of Self-Help 1. Who has the right? The owner of lawful possessor of a thing 2. What is his right? To exclude any person from the enjoyment and disposal thereof 3. When does the right exist? When there is actual or threatened unlawful physical invasion or usurpation of his property 4. What may he do? He may use force as may be reasonably necessary to repel or prevent it Ownership in General Example: X borrowed a car belonging to Z and parked it. From afar, X sees Y about to steal the car. X can use force to prevent Y from stealing the car, provided that the means resorted to by X are reasonable. X can even chase Y immediately and recover the car from Y by force However, if X loses sight of Y and sees Y 3 days later, X will not be justified in taking the law into his own hands. X will have to resort to the courts Ownership in General Doctrine of Self Help 1. The right to counter, in certain cases, force with force 2. The State has an obligation to protect its citizens by maintaining peace and order 3. This is similar to the self-defense under Art. 11 of the RPC which requires: a. Unlawful aggression b. Reasonable necessity of the means employed to repel or prevent it

c. Lack of sufficient provocation on the part of the person defending himself Ownership in General Cases: Doctrine of Self Help 1. In the old case of People v. Polinar, the Supreme Court said that attack against ones property must be coupled with an attack against the person for it to be justified 2. BUT in recent cases such as in People v. Narvaez [April 20, 1983], the SC ruled that there is no necessity of an attack against ones person to justify his acts of defending his property 3. This is in line with the Doctrine of Self-Help force may be used even without threatened bodily danger provided that defense and NOT vengeance, is involved Ownership in General Distinctions: Ownership in General Distinctions: Ownership in General Distinctions: Ownership in General Distinctions: Ownership in General Distinctions: Ownership in General Art. 430. Every owner may enclose or fence his land or tenement by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. Ownership in General Example: The lands of A were being flooded because B enclosed his estate, in order to maintain a fish pond, thus closing the outlet of A to the river Q: Does B have the right to so fence his estate? A: NO, B had no right to prevent the outflow of water from As estate. While B had the right to fence his estate, still he should not impair the servitudes or burdens constituted therein. Case: Custodio v. CA [253 SCRA 483] Ownership in General Art. 431 The owner of a thing cannot make use thereof in such manner as to injure the rights of a 3rd person.

This is one of the fundamental bases of police power and constitutes a just restriction on the right of ownership Ownership in General Art. 432 - State of Necessity The owner of a thing has NO right to prohibit the interference of another with the same, if: 1. the interference is NECESSARY to avert imminent danger, and 2. the threatened damage, compared to the damage arising to the owner from the interference, is MUCH GREATER. The owner may demand from the person benefited indemnity for the damage to him. Ownership in General Requisites: When the Owner of a Thing has NO Right to Prohibit the Inference of Another Person with the Same: 1. The INFERENCE is NECESSARY to avert imminent danger, 2. The THREATENED DAMAGE, compared to the damage arising to the owner from the interference, is MUCH GREATER, and Note: Indemnity may be demanded by the owner from the person BENEFITED for the damage he incurred Ownership in General Art. 432 1. Refers to State of Necessity as distinguished from the Principle of Self-Help enunciated in Art. 429. 2. Gives the owner of the property destroyed, the right to be indemnified 3. Allows the use of defensive force to prevent an existing situation Ownership in General Example: To prevent fire from spreading and thus burning valuable houses, firemen may dynamite the shanties between the fire and the houses so as to stop the spread of fire. The shanty owners have no right to interfere The owners of the houses that were saved will have to compensate the owners of the shanties destroyed in proportion to their loss Ownership in General Q: Can the shanty owners invoke Art. 429 and use force on the firemen as to prevent destruction of their property? Ownership in General A: NO because Art. 432 is superior to Art. 429

Ownership in General Ownership in General Tolentinos Comments: 1. Effect of Mistake a. Right to act in a state of necessity depends on the objective existence of the danger with the requisites provided by law b. 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 acts would be illicit and the owner of the property can properly use against him the defensive force authorized in Art. 429 Ownership in General Tolentinos Comments: 2. Effect of Negligence a. The law does not require the person, acting in a state of necessity, be free from negligence in the creation of such situations b. Thus if a person picks up an unknown object in a drug store, and eats it, thinking it to be candy, and it turned out to be poison, he can lawfully drink any antidote he may find in the store, even without the consent of the owner Ownership in General Art. 433 [Disputable Presumption of Ownership] Actual possession under the claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property. Ownership in General Requirements to raise a disputable presumption of ownership: 1. actual possession 2. claim of ownership Ownership in General Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendants title. Ownership in General Requisites in an Action to Recover 1. Property must be identified 2. Plaintiff must rely on the strength of his own title and NOT the weakness of defendants title Ownership in General

Art. 435 - Eminent Domain No person shall be deprived of his property except: 1. by competent authority, and 2. for public use, and always upon payment of just compensation. Should this requirement be not first complied with, the courts shall protect and, in the proper case, restore the owner in his possession. Ownership in General Essential Requisites of Eminent Domain 1. Taking by competent authority 2. Observance of the due process of law 3. Taking for public use 4. Payment of just compensation Ownership in General Art. 436 - Police Power When any property is condemned or seized: 1. by competent authority 2. in the interest of health, safety or security, the owner thereof shall NOT be entitled to compensation, unless he can show that such condemnation or seizure is unjustified. Ownership in General Rules on Seizure as an Exercise of Police Power: 1. General Rule The owner shall NOT be entitled to compensation, provided: a. The property is seized or condemned by competent authority, and b. It is done in the interest or health, safety or security 2. Exception The owner shall be entitled to compensation if he can show that such condemnation or seizure is justified. Ownership in General Art. 437 - Rules on Ownership of Land 1. What the owner owns: a. its surface, and b. everything under it, 2. Right of the owner - he can construct thereon any works or make any plantations and excavations which he may deem proper Ownership in General Art. 437 - Rules on Ownership of Land 3. Limitations to such ownership: a. He must respect the servitudes imposed on his land, b. He is subject to special laws and ordinances,

c. He cannot complain of the reasonable requirements of aerial navigation, and d. Pursuant to the Regalian Doctrine mines discovered underneath his land shall belong to the public domain Ownership in General Art. 437 Rules on Ownership of Land Case: NPC v. Ibrahim [June 29, 2007] Ownership in General Rules on Hidden Treasure [Art. 438] 1. General Rule - Hidden treasure belongs to the owner of the land, building or property on which it is found 2. Exception - 1/2 shall go to the finder when: a. the discovery is made on the property of another, or the State, and b. the discovery is made by chance, and c. the finder is not a trespasser Ownership in General Rules on Hidden Treasure [Art. 438] 3. If the things found be of interest to science or the arts - the State may acquire them at their just price, which shall be divided in conformity with the above rule Ownership in General Hidden Treasure 1. Any hidden and unknown deposit 2. Consists of money, jewelry and other precious objects 3. Their lawful ownership does not appear