PROPERTY

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PROPERTY- an object or a right which is appropriated or
susceptible of appropriation by man, with capacity to satisfy
human wants and needs.

CLASSIFICATION OF PROPERTY (SANDO DED CMC)

1. Susceptibility of Substitution. Fungible or Nonfungible
2. Alienability. Within the commerce of man or Outside the
Commerce of Man.
3. Nature. Real, Personal or Mixed
4. Divisibility. Divisible or Indivisible
5. Ownership. Public or Private
6. Dependence or Importance. Principal or Accessory
7. Existence. Existing or Future
8. Definiteness or Designation. Generic or Specific
9. Consumability. Consumable or Non-Consumable
10. Materiality. Corporeal/Tangible or Incorporeal/Intangible
11. Custody or Court or Free. In custodia legis or Free.

REQUISITES/CHARACTERISTICS OF PROPERTY. (USA)

1. Utility- the capacity to satisfy some moral or economic
human wants.
2. Substantivity or Individuality- the quality of having
existence apart from any other thing.
3. Appropriability- susceptibility of being possessed by men.

CLASSIFICATION OF IMMOVABLE PROPERTY. (NIDA)

1. Nature- Cannot be moved from place to place because of
their nature.
a. Land, Buildings, roads and constructions of all kinds
adhered to the soil. (415.1)
b. Mines, Quarries and slag dumps, while the matter
thereof forms part of the bed, and waters either running or
stagnant. (415.8)

Jurisprudence:
a. Bicarro vs. Teneza: Once a house is
demolished, its character as an immovable ceases.
b. Leung Yee vs. Strong Machinery Co.: The
building of strong materials in which the rice-cleaning machinery
was installed by the "Compaia Agricola Filipina" was real
property, and the mere fact that the parties seem to have dealt
with it separate and apart from the land on which it stood in no
wise changed its character as real property. It follows that
neither the original registry in the chattel mortgage of the
building and the machinery installed therein, nor the
annotation in that registry of the sale of the mortgaged
property, had any effect whatever so far as the building was
concerned.
c. Standard Oil Co. of New York vs. J aramillo-
The parties to a contract of chattel mortgage may by agreement
treat as personal property that which by nature would be real
property, such as leasehold rights and building.
d. Evangelista vs. Alto Surety & Insurance
Co.- Intention to treat as personal property not binding to third
persons, but only to contracting parties.
e. Makati Leasing & Finance Corp. vs.
Wearever Textile Mills, Inc.-The law makes no distinction as
to the ownership of land on which the house is built.
f. Davao Sawmill Co., Inc. vs. Castillo- A
mortgaged house built on a rented land is personal property not
only because the deed of mortgage considered it as such, but
also because it did not form part of the land for it is now well-
settled that an object placed on land by one who has only a
temporary right to the same such as the lessee or usufructuary,
does not become immobilized by attachment.
g. Tumalad vs. Vicencio- Statements by the
owner declaring his house to be a chattel is a conduct that may
conceivably estop him from subsequently claiming otherwise.
(Ladera vs. C.N. Hodges. Although there is no specific
statement referring to the subject house as personal property,
yet by ceding, selling or transferring a property by way of chattel
mortgage defendants-appellants could only have meant to
convey the house as chattel, or at least, intended to treat the
PROPERTY

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same as such, so that they should not now be allowed to make
an inconsistent stand by claiming otherwise.


2. Incorporation-essentially movables but attached to an
immovable that it becomes an integral part of it. (TESA)
a. Trees, plants & growing fruits adhered to the soil.
(415.2)
b. Everything attached to an immovable in a fixed
manner that it will break or deteriorate if separated. (415.3)
c. Statues, reliefs, paintings or other objects for use or
ornamentation if intention to attach them permanently to the
immovable is revealed. (Only the owner or agent should place
them. 415.4
d. Animal houses if intended by the owner to become
permanently attached to the immovable. (415.6)

Jurisprudence:
a. Lavarro vs. Labitoria- Since trees and plants
annexes to the lands are parts thereof, unless rights or interests
in such trees or plants are claimed in the registration
proceedings by others, they become the property of the persons
to whom the land is adjudicated.
b. Sibal vs. Valdez- For purposes of
attachment, execution and the chattel mortgage law, growing
crops or fruits or ungathered products or fruits have the nature
of personal property.
c. Uprooted timber still part of the timber land
according to Manresa.

3. Destination- movables but purpose is to partake of an
integral part of an immovable for the utility it gives to the activity
carried thereon.

a. Statues, reliefs, paintings or other objects for
use or ornamentation if intention to attach them permanently to
the immovable is revealed. (Only the owner or agent should
place them. 415.4
b. Machinery, receptacles, or instruments placed
by owner of the tenement or his agent and tend directly to meet
the needs of such works/industry. (415.5)
c. Animal houses if intended by the owner to
become permanently attached to the immovable. (415.6)
d. Fertilizer actually used on a piece of land.
(415.7)
e. Docks and structures which though floating are
intended by their nature and object to remain at a fixed place on
a river, lake or coast. (415.9)

Jurisprudence:

a. Davao Sawmill vs. Castillo- Machinery
which is movable in its nature only becomes immobilized when
placed in a plant by the owner of the property or the plant. But
not when so placed by the tenant, a usufructuary or any person
having only a temporary right, unless such person acted as the
agent of the owner.
b. Burgos, Sr. vs. Chief of Staff- Machinery,
though in fact bolted to the ground, remains movable property
susceptible to seizure under a search warrant, where its owner
is not the owner of the land and/or building on which it was
placed.
c. Mindanao Bus Co. vs. City Assessor and
Treasurer- A transportation business is not carried on in a
building or on a specified land. Hence, equipment destined only
to repair or service a transportation business may not be
deemed real property.
d. Berkenkotter vs. Cu Unjieng-Movable
equipment to be immobilized must first be essential and
principal elements of an industry or works without which, such
industry or works would be unable to function or carry on the
industrial purpose for which it was established.

-Improvements must be in
a permanent nature and essential to the industry or works.
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e. Board of Assessment Appeals vs. Manila
Electric Co. Poles and steel supports or towers of Meralco
are not real property. They do not constitute buildings or
constructions adhered to the soil. They are merely attached to a
square metal frame by means of bolts, could easily be
dismantled and moved from place to place. They are not
attached to an immovable in a fixed manner and they can be
separated. They are not machineries, but even if they are, they
are not intended for industry or works on the land in which they
are constructed.
f. Standard Oil Co. of New York vs. J aramillo-
It is a familiar phenomenon to see things as real property for
purposes of taxation which on general principles might be
considered personal property.
g. Rubiso vs. Rivera- Vessels are essentially
movable but they partake to a certain extent of the nature and
conditions of real property due to their value or importance.

4. Analogy/Law- united to the immovable property by express
provision of law.
--Contracts for public works, and servitudes and other real rights
over immovable property. (415.10)

MOVABLE PROPERTY (SIFTOS)

1. Susceptible of appropriation that are not included in Art. 415.
2. Immovable that is designated as movable by special
provision of law.
3. Forces of nature brought under control by science.
4. Things which can be transported from place to place without
impairment of the real property where they are fixed.
5. Obligations and actions which involve demandable sums.
6. Shares of stock of agricultural, commercial and industrial
entities, although they may have real estate.

*** Other Incorporeal property: Copyrights, Patents, Trademarks
etc.

TESTS TO DETERMINE WHETHER PROPERTY IS
MOVABLE.
1. Rule of Exclusion- not included in ART. 415.
2. Rule of Description- if the property can be transported from
one place to another, and no injury would be suffered by it, then
it is personal property, unless expressly included in Art. 415.

Jurisprudence:
1. Involuntary Solvency of Strochecker vs.
Ramirez- Interest in Business is movable is movable
2. Sibal vs. Valdez- Growing crops or
ungathered products raised by labor and cultivation are
considered personal property. The existence of a right on the
growing crops is a mobilization by anticipation. [The Chattel
Mortgage Law considers them also personal property]
3. US vs. Carlos- The true test of what is a
proper subject of theft seems to be not whether the subject is
corporeal or incorporeal but whether it is capable of
appropriation by another than the owner. Electricity, the same
as gas is a valuable article of merchandise, bought and sold like
other personal property and is capable of appropriation by
another.

CLASSIFICATION OF MOVABLE PROPERTY.

1. According to Nature.
a. Consumable- cannot be utilized without being
consumed.
b. Non-Consumable
2. According to the intention or purpose of the parties.
a. Fungible- if it can be substituted by another thing of
the same kind, quantity and quality.
b. Non-Fungible- if not replaceable in such equivalents.

CLASSIFICATION OF PROPERTY ACCORDING TO
OWNERSHIP.

1. Public Dominion- outside the commerce of men.
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Kinds: a. intended for public use (420)
b. intended for public service of state,
provinces, cities & municipalities. (420/424)
Characteristics:
1. outside the
commerce of men-cannot be alienated or leased or be the
subject of any contract.
2. cannot be
acquired by private individual through prescription
3. not subject to
attachment or execution.
4. cannot be
burdened by voluntary easement.
5. cannot be
registered under the Land Registration Law.
6. in general, can
be used by everybody.
c. for the development of national
wealth. (420)

2. Private Ownership-
A. Patrimonial property of State, provinces,
cities and municipalities (424)
i. exists for attaining the economic ends of
the State.
ii. property of public dominion when no
longer intended for public use/service (422)
NOTE: Patrimonial Properties may
be acquired by private individuals or corporations through
prescription. They may be an object of an ordinary contract.

B. Property belonging to private
persons- individually or collectively. (425)


NOTE: Sacred and religious
objects are considered outside the commerce of men. They are
neither public nor private.

JURISPRUDENCE:

1. Rabuco vs.Villegas- Property is presumed to be
State property in the absence of any showing to the contrary.
2. Santos vs. Moreno- Canals constructed on private
lands of private ownership but the owner loses his proprietary
right over said canal through prescription by allowing the public
to use it for transportation and fishing purposes.
3. Republic vs. CA- A court has no jurisdiction to
award foreshore land to any private person or entity. A
foreshore land is that strip of land that lies between the high
and low water marks and is alternatively wet and dry according
to the flow of the tide.
4. Binalay vs. Manalo- Although Art. 420(1) speaks of
only rivers and banks, rivers is a composite term which
includes the running waters, the bed and the banks.
5. Villearico vs. Sarmiento- A lot on which stairways
were built for the use of the people as passageway to the
highway is a property intended for public use.
6. Municipality of Hinunangan vs. Director of Lands-
A municipality which permitted erection of private houses on a
land upon which was built a stone fort which had not been used
for many years for the purpose for which it was contructed, did
not convert the land into a property of the municipality. The
fortress may not have been used for many years for the
purposes for which it was intended, but this does not deprive the
State ownership of therein. The ownership of the State of the
property becomes patrimonial. There could, however be a
prescription in favor of the Municipality where the land has been
used for purposes distinctly public, such as for the municipal
court house, public school, or public market.
7. Cebu Oxygen & Acetylene Co., Inc. vs. Bercilles-
A city council which closed a portion of a street and authorized
its sale to the highest bidder has such power. A withdrawn
property can be the object of ordinary contract.
8. Laurel vs. Garcia- Roppongi property which was
acquired by the Philippines under the Reparation Agreement
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entered into with Japan is of public dominion unless it is
convincingly shown that the property has become patrimonial. It
is property belonging to the State and intended for some public
service. A property continues to be part of the public domain
until there is a formal declaration on the part of the government
to withdraw it from being such. Abandonment cannot be inferred
from non-use.
9. Dacanay vs. Assistio J r. Public streets or
thoroughfares may not be leased or licensed to market
stallholders by virtue of a city ordinance or resolution. Local
Government cannot withdraw a public street for public use,
unless it has been granted such authority by law.

PROPERTY OF POLITICAL SUBDIVISIONS.
1. Property for Public Use (provincial roads, city/municipal
streets, squares, public waters, promenades and public works)
2. Patrimonial Property

Jurisprudence:
1. Macasiano vs. Diokno- Political subdivisions have
no authority whatsoever to control or regulate the use of public
property unless specific authority is vested upon them by the
Congress.
2. Capitulo vs. Aquino- It does not matter if property
intended for public use is not actually devoted for public use. It
remains property for public use or service.
3. Province of Zamboanga Del Norte vs. City of
Zamboanga- Properties belonging to Zamboanga DN were
transferred under RA 3039 free of charge in favor of
Zamboanga City. The issue in this case is whether the
properties are for public use or patrimonial property, for
purposes of ascertaining the control of Congress. It was held
that all the properties in question except the two lots used as
High School playgrounds could be considered as patrimonial
properties of the Zamboanga Province. Even the capitol site, the
hospital and leprosarium sites and the school sites will be
considered patrimonial for they are not for public use. They
would fall under the phrase public works for public service, for
such public works must be for free and indiscriminate use by
anyone. RA 3039 is valid insofar as it affects the lots used as
capitol site, school sites and its grounds, hospital and
leprosarium sites and the highschool playground sites since
they were held by the former Zamboanga province in its
governmental capacity and therefore subject to absolute
control of Congress.
Buildings follow classification of public lands on
which they are built.
Registration cannot convert public property to
private property.
Civil Code Classification is without prejudice to
provisions of special laws.

4. Salas vs. J arencio- A lot registered in the name of
the City of Manila which was converted by law as disposable or
alienable land of the State is not patrimonial absent any
evidence in contrary. The property, regardless of the source or
classification in the possession of a municipality excepting those
acquired with its own funds in its private or corporate capacity,
is held in trust for the State and subject to its paramount power.
5. Manila Lodge No. 761 v. CA- The grant made by
Act No. 1360 of the reclaimed land to the City of Manila is a
grant of a public nature, the same having been made to a local
political subdivision. Such grants have always been strictly
construed against the grantee, therefore it is of public domain.
An intention to devote property to public use is sufficient to
make property of public domain. Executive or legislative
declaration is necessary to convert property of public domain
into patrimonial.
6. Cuaycong vs. Benedicto- The fact that a road has
been kept in repair by a private enterprise and the government
has not contributed to the cost of its construction or
maintenance, tends strongly to support the contention that it is a
private way or privately owned by the enterprise. And the mere
fact that a tract of land has been used for a long time as a road
will not alone warrant the presumption that it has been
dedicated to the public.- [425]
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OWNERSHIP.- It is the independent and general right of a
person to control a thing particularly in his possession,
enjoyment, disposition and recovery, subject to no restrictions
except those imposed by the State or private persons, without
prejudice to the provisions of the law.
-Ownership may be exercised over a thing or a right
(427)

TITLE- is that which constitutes a just cause of exclusive
possession or which is the foundation of ownership of property.

KINDS OF OWNERSHIP
1. Full Ownership- includes all the rights of the owner.
2. Naked Ownership- where the right to the use and the fruits
has been denied.
(Naked Ownership + Usufruct = Full Ownership)
3. Sole Ownership- ownership is vested only in one person
4. Co-Ownership/Tenancy in Common- ownership is vested
in two or more owners; unity of the property; plurality of
subjects.

CHARACTERISTICS OF OWNERSHIP (EGEIP)
1. Elastic- Powers may be reduced and thereafter automatically
recovered upon the cessation of the limiting rights.
2. General- the right to make use of all the possibilities or utility
of the thing owned, except those attached to other real rights
existing thereon.
3. Exclusive- there can only be one ownership over a thing at a
time. There may be two or more owners but only one
ownership.
4. Independence- It exists without necessity of any other right
5. Perpetuity- ownership lasts as long as the thing exists. It
cannot be extinguished by non-user but only by adverse
possession.

LIMITATIONS
1. General limitations imposed by the state. (eminent domain,
police power, taxation)
2. Specific limitations imposed by law. (servitudes, easements)
3. Limitations imposed by the party transmitting the property.
(will, contract)
4. Limitations imposed by the owner himself. (voluntary
servitude, mortgages, pledges)
5. Inherent limitations arising from conflict with other
rights.(contiguity of property)
6. Owner cannot make use of thing which shall prejudice 3
rd

persons. (431)
7. State of Necessity (432)
8. True Owner must resort to Judicial Process (433)

SEVEN RIGHTS OF OWNERSHIP (AADF PUV)

1. Jus Abutendi- Right to consume the thing by its use
2. Jus Accessiones- Right to accessories
3. Jus Disponendi-Right to dispose
4. Jus Fruendi- Right to fruits
5. Jus Possidendi- Right to possess
6. Jus Utendi- Right to enjoy
7. Jus Vindicandi- Right to exclude others from possession of
the thing

Jurisprudence:
1. Roxas vs. CA- Right to use not necessarily included
in right to possess, as in contract of deposit, since a bailee only
holds the property in trust.
2. Jabon vs. Alo- A judgment of ownership may not
include possession, which may be in the hands of a lessee.
3. Republic vs. Baylosis- The Right to dispose
includes the right not to dispose


ACTIONS FOR POSSESSION

PROPERTY

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1. Movable- Replevin (return of a movable)
Note: A machinery and equipment used for an industry
and indispensable for the carrying of such industry, cannot be
the subject of replevin, because they are real properties.

*** Calub vs. CA- A property that is validly deposited in
custodia legis cannot be the subject of a replevin suit.

2. Immovable
a. Accion Interdictal
i. Forcible Entry- used by a person deprived of
possession through: force, intimidation, strategy, threat or
stealth (FISTS) (issue: de facto or physical possession not
juridical, must recover within one year from unlawful deprivation,
or from discovery in case of stealth or strategy. Summary
proceeding)
ii. Unlawful Detainer- used by a lessor/person
having legal right over property when lessee/person withholding
property refuses to surrender possession of property after
expiration of lease/right to hold property (physical possession,
must recover within 1 year from unlawful deprivation; date of
last demand or last letter of demand); summary proceeding.

b. Accion Publiciana- plenary action to recover the
better right of possession; must be brought within a period of 10
years, otherwise the real right of possession is lost; issue is
possession de jure; ordinary civil proceeding.

c. Accion Reinvindicatoria- recovery of dominion of
property as owner.

*** Sarmiento vs. CA- Where the facts averred in the
complaint reveals that the action is neither one of forcible entry
nor unlawful detainer but essentially involves a boundary
dispute, the same must be resolved in accion reinvindicatoria.

PRINCIPLE OF SELF-HELP (429)
- Use of reasonable force to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of property.

*** German Management & Services vs. CA: It can only be
exercised at the time of an actual or threatened dispossession.
*** May be exercised by a 3
rd
Person- Negotiorum Gestio

ELEMENTS OF SELF-HELP
1. Person exercising rights is the lawful owner or possessor.
2. Can only be exercised at the time of an actual or threatened
dispossession.
3. Use of force may be reasonably necessary to repel or prevent
it.
- May be liable for excess force.

Art. 430- Right to enclose or fence w/o detriment to
servitudes
Art. 431-Obligation to respect rights of others

STATE OF NECESSITY (432)
- Principle which authorizes the destruction of a property which
is lesser in value to avert the danger poised to another property
the value of which is much greater.

** COMPARATIVE DANGER: Danger must be greater than the
damage to property. Must consider the economic and
sentimental value of the property.
** The owner of the sacrificial property is obliged to tolerate the
act of destruction but subject to his reimbursement by all those
who benefited.
** In case of conflict between the exercise of the right of self-
help and a proper and licit state of necessity, the latter prevails
because there is no unlawful aggression when a person or a
group of persons acts pursuant to the right given in a state of
necessity.

Art. 433- Possessor has disputable presumption of
ownership. Judicial Process.
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Art. 434- Person claiming a right must prove: (a) That he
has a better title to the property and (b) Identity of the
property
-One must depend on the strength of his title
and not on the weakness of the defense.

Evidence to Prove Ownership.
1. Torrens Title.
2. Title from Spanish Government
3. Patent Duly registered in the Registry of Property by the
grantee.
4. Deed of Sale
5. Operating a Business for nine years in defendants own name
representing himself to the public to be the owner and the
plaintiff never made any protest or objection. (Florida vs.
Yearby)
6. Occupation of a building for a long time by a party without
paying rent (Gatdula vs. Santos)
7. A letter in which defendant recognized the ownership of
parcels of land for a long time attested not only by witnesses but
also by declaration of properties, payment of taxes and a deed
of mortgage executed by the possessors predecessors-in-
interest as owners of the property. (Alano vs. Ignacio)

Additional Jurisprudence:
1. Calicdan vs. Cendaa- A deed of donation inter vivos,
albeit void for having been executed by one who was not the
owner of the property donated, may still be used to show the
exclusive and adverse character of the donees possession.
2. Heirs of S. Maningning vs. CA- While a verbal donation
under which the donee and his predecessors-in-interest have
been in possession of the lands in question is not effective as a
transfer of title, still it is a circumstance which may explain the
adverse and exclusive character of the possession.

Art. 435- Condemnation or Seizure in the exercise of Power
of Eminent Domain.
Art. 436- Condemnation or Seizure in the exercise of Police
Power.
Art. 437- Surface Rights and everything under of a
Landowner.

Concept of Hidden Treasure (439)
1. Consists of money, jewels or other precious objects.
2. Hidden and unknown
3. Owner is unknown

Right to Hidden Treasure (438)
1. Finder is the same as owner of the property- treasure totally
belongs to him.
2. Finder is 3
rd
person and he discovered it by chance- finder is
entitled to of the value of the treasure
3. Finder is an intruder- he is not entitled to anything
4. Finder is given an express permission from the owner-
subject to the contract of service and principle of unjust
enrichment

RIGHT OF ACCESSION
- The right by virtue of which the owner of a thing becomes the
owner of everything that it may produce or which may be
inseparably united or incorporated thereto either naturally or
artificially. (440)

TWO KINDS OF ACCESSION
1. Accession Discreta - refers to the right over the fruits
or products of a thing.
2. Accession Continua- accession things which have been
incorporated or attached to a thing.

ACCESSION DISCRETA
General rule: The owner of the land owns the fruits.
Exceptions: (PULA)
1. Possessor in Good Faith of the land.
2. Usufructuary
3. Lessee gets the fruits of the land
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4. Antichretic creditor. Fruits apply to interest first if owing and
then to principal.

NATURAL FRUITS- spontaneous products of the soil and the
young of animals
INDUSTRIAL FRUITS- those produced by lands of any kind
through cultivation or labor
CIVIL FRUITS- rents of buildings, the price of lease of lands
and other property and the amount of perpetual or life annuities
or other similar income. (441/442)

PRINCIPLES ON ACCESSION CONTINUA (GONE BAD)
1. He who is in Good Faith may be held responsible but will not
be penalized.
2. To the owner of a thing belongs the extension or increase of
such thing.
3. Bad faith of one party neutralizes the bad faith of the other.
4. There should be no unjust enrichment at the expense of
others.
5. Bad Faith involves liability for damages.
6. Accessory follows the principal.
7. Accession exists only if the incorporation is such that
separation would either seriously damage the thing or diminish
its value.

Art. 443. Obligation of recipient of fruits to reimburse
necessary expenses of 3
rd
person.

OBLIGATIONS

1. Gathered Fruits
Planter Owner
Planter in GF Keeps fruits No necessity to
reimburse the
planter of expenses
since he retains the
fruits
Planter in BF Reimbursed for
expenses for
production,
gathering &
preservation
Gets Fruits, pay
planter expenses

2. Standing Crops
Planter Owner
Planter in GF Reimbursed for
expenses for
production,
gathering &
preservation
Owns fruits
provided he pays
planter expenses
(forced co-
ownership)
Planter in BF Loses Everything,
No right to be
reimbursed
Owns Fruits

Art. 444. When Natural Fruits and Industrial Fruits Deemed
to Exist.

When Male and Female belong to different owners, who
own the offspring?
Under the Partidas, the owner of the female was
considered to be the owner of the young unless there is a
contrary custom or speculation. The legal presumption, in the
absence of proof to the contary, is that the calf, as well as its
mother belong to the owner of the latter, by the right of
accretion. (US vs. Caballero). This is also in accord with the
maxim pratus sequitor ventrem(The offspring follows the
mother)

445-456. RIGHT OF ACCESSION WITH RESPECT TO
IMMOVABLE PROPERTY.

Art. 446-Improvements presumed made by owner.
Art. 447-Table A
Art. 448-Table B
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Art. 449-BPS in bad faith
Art. 450-Alternative Rights of owner of the land where BPS
in BF
Art. 451-Entitlement to Damages
Art. 452- Right to Reimbursement for necessary expenses
Art. 453- Both LO and BPS in BF
Art. 454- Applicability of 447 when LO in BF and BPS in GF
Art. 455- LO, BPS and OM different persons
Art. 456- GF may co-exist with negligence

A. RULES WHEN LAND OWNER (LO) CONSTRUCTS OR
PLANTS ON HIS LAND WITH MATERIALS OF ANOTHER
(OM). (447)

1. LO and OM in Good Faith; or LO and OM in Bad Faith

LO OM
Becomes owner of the
materials but must pay for
their value.

EXCEPTION: When they can
be removed without
destruction to the work made
or to the plants, in such case
the owner of material may
removed them.
1. Entitled to reimbursement
provided he does not remove
them; Or
2. Entitled to removal provided
there is no substantial injury

2. LO in Bad Faith; OM in Good Faith

LO OM
Becomes owner of the
materials but must pay for
their value plus damages.

EXCEPTION: When Owner of
the Materials decides to
1. Entitled to ABSOLUTE
RIGHT OF REMOVAL plus
damages OR

2. Entitled to reimbursement
plus damages in case he
remove them whether or not
destruction would be caused.
(Absolute Removal). Owner of
Materials would still be entitled
to damages
chooses not to remove

3. LO in Good Faith; OM in Bad Faith

LO OM
Exempted from Reimbursement and entitled to
damages


No Right!












B. RULES WHEN A 3
RD
PERSON BUILDS, SOWS OR
PLANTS (BPS) ON LANDOWNERS (LO) LAND. (448)

EXAMPLE: A HOUSE WAS BUILT ON THE LAND.

1. LO and BPS in Good Faith; or LO and BPS in Bad Faith

LO BPS
Has a choice either to:
1. Appropriate house after payment of
indemnity OR
2. Compel the builder to buy the land upon
1. Right to payment of indemnity:
a. Necessary Expenses, Right of retention until
reimbursed.
b. Useful Expenses, Right of retention
PROPERTY

11
which the building was built, unless the value
of the land be considerably more than the
value of the housein such case builder pays
rent. If builder pays, he has no right of
retention and LO is entitled to remove
improvement.



2. May remove the ornaments with which he
has embellished the principal thing if it suffers
no injury thereby, and if his successor in
possession does not prefer to refund the
amount expended.



2. LO in Good Faith; BPS in Bad Faith

LO BPS
1. Gets the accessory without paying any
indemnity, but must pay necessary expenses
for preservation of the land. LO is entitled to
damages.
2. Demand demolition of the work, or that the
planting or sowing be removed at the BPSs
expense PLUS damages
3. Compel the BPS to pay the price of the
land, and the sower the proper rent whether or
not the value of the land is considerably more
than the value of the house PLUS damages.


1. Loses what is built, planted or sown without
right to indemnity.

2. Liability for damages

3.Entitled to reimbursement for necessary
expenses of preservation of land

3. LO in Bad Faith; BPS in Good Faith

LO BPS
Becomes owner of the materials but must pay
for their value plus damages.

EXCEPTION: When Owner of the Materials
decides to remove them whether or not
destruction would be caused. (Absolute
1. Entitled to ABSOLUTE RIGHT OF
REMOVAL plus damages OR

2. Entitled to reimbursement plus damages (in
case he chooses not to remove)
Removal). Owner of Materials would still be
entitled to damages


Remedies if option exercised by the Landowner was
compulsory selling and Builder fails to pay:
1. Leave things as they are and assume relation of lessor and
lessee; pay rents
2. Demolish what has been built, sown or planted. (Ignacio vs.
Hilario)
3. Consider price of land as an ordinary money debt of the
builder. Therefore he may enforce payment thru an ordinary
action for recovery of a money debt (levy and execution).



ART. 448 (3
RD
PERSON PLANTS, BUILDS, SOWS) DOES
NOT APPLY WHEN:
1. The BPS does not claim ownership over the land but
possesses it as mere holder, agent, usufructuary or tenant; he
knows that the land is not his. (Balucaneg vs. Francisco)
Exception: if a tenant whose lease is about to expire,
nevertheless still sows, not knowing that the crops will no longer
belong to him.
2. The BPS is a co-owner, even if later on, during the partition,
the portion of the land used is awarded to another co-owner.
3. A person constructs a building on his own land, and then sells
the land but not the building to another, there could be no
question of good faith or bad faith on the part of the builder . He
can be compelled to remove the building. The new owner will
thus not be required to pay any indemnity for the building.
(Coleongco vs. Regalado)
4. The builder is a belligerent occupant. (buildings use is
temporary, i.e. airfield/campsite)

*** When Landowner sells land to a 3
rd
person who is in Bad
faith, the builder must go against him, but when the 3
rd
person
paid the landowner, the builder may still file a case against him
PROPERTY

12
but the 3
rd
person may file a 3
rd
party complaint against the
landowner.

*** Landowners alternative right against a SOWER is to
demand proper rent.
*** 448 applies only when BPS is in GF.

Rule when three parties are involved: (LO, BPS and OM)

1. Rights of LO and BPS the same as preceding tables.
2. Rights of OM:
a. BF- Loses all rights to be indemnified. He can even be
liable for consequential damages if the materials are of inferior
quality.
b. GF- he is entitled to reimbursement from the builder
principally since it was the builder who first made use of the
materials. In case of insolvency on the part of the builder the LO
is subsidiarily liable, if he makes use of the materials.

Rule when OM and BPS in Bad faith; LO in Good Faith

1. As between OM and BPS, good faith must govern. BPS must
reimburse OM but in case BPS cannot pay LO will not be
subsidiarily liable because as to him OM is in Bad faith.
2. LO can ask damages from both, moreover:
a. He may appropriate what has been built as his own,
without payment of any indemnity for useful or necessary
expenses for the building but with indemnity for the necessary
expenses for the preservation of the land.
b. Demand the demolition of the house at builders
expense.
c. Compel the builder to pay the price of the land
whether the land is considerably more valuable than the building
or not.

Jurisprudence:
1. Sarmiento vs. Agana- The landowner on which a
building has been constructed in good faith by another has the
option to buy the building or sell his land to the builder, he
cannot refuse to exercise their option and compel the builder to
remove or demolish the improvement. An order by a court
compelling a builder in good faith to remove his building from a
land belonging to another who chooses neither to pay for such
building nor sell the land is null and void for being offensive to
Art. 448
2. Depra vs. Dumlao- Owner of the land on which an
improvement was built by another in good faith is entitled to
removal of the improvement only after the landowner has opted
to sell the land and the builder refused to pay for the same.
Where the lands value is considerably more than the
improvement, the landowner cannot compel the builder to buy
the land. In such event, a forced lease is created and the court
shall fix the terms thereof in case the parties disagree thereon.
3. Ballatan vs. CA- The right to choose between
appropriating the improvement or selling the land is given to the
owner of the land and not the court.
4. Pleasantville Development Corporation vs. CA- A
lot buyer who constructs improvements on the wrong property
erroneously delivered by the owners agent, honestly believing
that the said lot was what he brought from the seller, is NOT
guilty of negligence and his violation of the contract of sale or
instalment may not be the basis to negate the presumption of
good faith as such violation has no bearing on his state of mid at
the time he built the improvements.
5. Pecson vs. CA- Parties may agree that Art. 448 and
546 are applicable and indemnity for the improvements may be
paid although they differ as to the basis of the indemnity.
6. Manila Railroad Co. vs. Paredes- When Manila
Railroad Co. built its track on a land without any opposition from
the owner who merely stood by, the owner was deemed to have
waived his right to recover possession of his property and the
construction thereon. His only remedy would be to recover
damages for the value of the property taken considering that the
corporation merely exercised its power of eminent domain as
authorized by law.
PROPERTY

13
7. Nuguid vs. CA- Offsetting necessary and useful
expenses with the fruits received by the builder-possessor in
good faith is not allowed.
8. Manotok Realty, Inc. vs. Tecson- Where the
improvements have been destroyed by a fortuitous event
without the fault of the landowner, the basis for the builders
right to retain the premises is extinguished; hence there is no
other recourse for him but to vacate the premises and deliver
the same to the landowner.
9. Calapan Lumber Co. vs. Community Sawmill Co.-
The right of retention of a builder in good faith until payment of
the proper indemnity does not apply to property of public
domain. The builder may however be entitled to the cost of
construction with interest upon securing authorization of proper
authorities or designate such road a toll road to raise the funds
necessary to reimburse the company.
10. Mendoza vs. Deguzman- Once the owner elects to
appropriate the improvements, the BPS cannot exactly be
considered a possessor in good faith. Hence, whatever fruits he
receives during the pendency of retention must be deducted
from whatever indemnity is due to him; and in case it exceeds
the value of the indemnity, the excess shall be returned to the
owner of the land.
11. Sps. Del Ocampo vs. Obesia- A co-owner is not a
3
rd
Person with respect to the land owned in common for it
cannot be said that it exclusively belongs to another but of
which he is a co-owner. However, if the co-ownership is
terminated by partition and it appears that the house of the
defendant (a former co-owner) overlaps or occupies a portion of
the land pertaining to the plaintiff (another former co-owner)
which the defendant build in good faith, then Art. 448 should
apply even when there was a co-ownership.


ALLUVIUM
- soil imperceptibly and gradually deposited on lands
adjoining the banks of rivers caused by the current of water.

ACCRETION
- is the process whereby the soil is deposited

ESSENTIAL ELEMENTS OF ALLUVIUM (AGA)
1. Result of the ACTION of the waters of the river.
2. Deposit of soil and sediment be GRADUAL and
imperceptible.
3. The land where accretion takes place is ADJACENT to the
banks of river.

Riparian Owners- are owners of lands adjoining the banks or
rivers.
Littoral Owners- owners of lands bordering the shore of the
sea or lake or other tidal waves.

Jurisprudence:
1. Binalay vs. Manalo- A sudden and forceful action
like that of flooding is not the alluvial process contemplated
under Art. 457. It is the slow and hardly perceptible
accumulation of sould deposits that the law grants to the
riparian owner.
2. Ignacio vs. Director of Lands- Art. 457 does not
apply where the accretion is caused by action of Manila Bay, it
being a part of the sea, a mere indentation of the same. Until a
formal declaration on the part of the government through the
executive or legislative, to the effect that such lands are no
longer needed for coast guard service, for public use, or for
special industries, they continue to be part of the public
domain.
3. Republic vs CA- Laguna de Bay is a lake and that
part around it which becomes covered with water, not due to
tidal action, but due to rain, cannot be considered part of the
bed or basin of the bay nor as foreshore lands, and therefore
registrable under the Torrens System.
4. Viajar vs. CA- Registration does not protect the
riparian owner against diminution of the area of his land thorugh
gradual changes in the course of the adjoining stream.
PROPERTY

14
5. Heirs of E. Navarro vs. IAC- An alluvion, although
by mandate of Art. 457 is automatically owned by the riparian
owner from the moment the soil deposit can be seen, does not
automatically become registered land, just because the lot
which receives such accretion is covered by a Torrens title,
thereby making the alluvial property imprescriptible.
6. Reynante vs.CA- Alluvial deposit acquired by a
riparian owner of registered land by accretion may be subjected
to acquisition through prescription by a 3
rd
person, by failure of
such owner to register said accretion within the prescribed
period.
7. Ronquillo vs. CA- Rules on alluvion do not apply to
man-made or artificial accretions to lands that adjoin canals or
esteros or artificial drainage system.

Art. 458- Estates adjoining ponds or lagoons, owners do
not acquire land left dry.

AVULSION
- process whereby a portion of land is segregated from an
estate by the current of a river, creek or torrent and transferred
to another estate. [459]

Elements of Avulsion:
1. The segregation and transfer must be caused by the current
of a river, creek, or torrent.
2. Sudden or Abrupt
3. Portion of Land must be known or identifiable

*** The former owner preserves his ownership of the segregated
portion provided he removes (not merely claims) the portion
within 2 years. [459]

Art. 460. Trees uprooted and carried away by the current
belong to owner of land which they may be cast, if the
owners do not claim them within 6 months.
Art. 461. River beds abandoned through natural change in
the course of the waters.

Requisites of Change of River Beds:
1. Change must be sudden in order that the old river bed may
be identified.
2. The changing of the course must be more or less permanent
and not temporary overflooding anothers land.
3. The change must be a natural one, i.e. caused by natural
forces.
4. There must be a definite abandonment by the government
5. The river must continue to exist that is, it must not completely
dry up or disappear.

Right of Owner of Land Occupied by New River
Course
1. Right to old bed ipso facto in proportion to area lost.
2. Owner of adjoining land to old bed shall have right to acquire
the same by paying its value value not to exceed the value of
area occupied by new bed.

Art. 462. New Bed through private estate becomes of public
dominion.
Art. 463. River divides itself into branches forming an
island.

1. Isolation of a piece of land or part thereof (without being
physically transferred to another place).
2. Separation(or physical transfer) of a portion of land from an
estate by the current.

Islands belong to State: (464)
1. Formed on the seas within the jurisdiction of the Phils.
2. On lakes
3. On navigable or floatable rivers

Islands formed in non-navigable or non-floatable rivers
(465)
- Island shall pertain and belong to the owners of the margins or
banks of the river nearest to each of them
PROPERTY

15
- if in the middle of the river- it shall be divided longitudinally in
halves.





RIGHT OF ACCESSION WITH RESPECT TO MOVABLE
PROPERTY

Adjunction or Conjunction- union of two movable things
belonging to different owners in such a way that they form a
single object, but each one of the component things preserves
its value. [466]

Kinds of Adjunction (ISTEP)

1. Inclusion (engraftment)- such as setting a precious stone on
a ring
2. Soldadura (soldering)- such as joining a piece of metal to
another metal.
a. ferruminacion- same metals
b. plumbatura- different metals
3. Tejido (weaving)- such as when threads belonging to
different owners are used in making textile
4. Escritura (writing)- such as when a person writes on paper
belonging to another
5. Pintura (painting)- such as when a person paints on canvas
belonging to another

Tests to determine principal in adjunction (467/468)

1. Rule on Importance of Purpose (467)- To which the other
(accessory) has been united as an ornament or for its use or
perfection.
2. Of greater value, if they are of unequal values (468)
3. Of greater volume, if they are of an equal value (468)
4. Of greater merits taking into consideration the comparative
merits, utility and volume of their respective things (475)

When Separation Allowed
1. Separation without injury (469)
2. Separation with injury- accessory is much precious than the
principal, the owner of the former may demand its separation
even though the principal may suffer injury. (469)
3. Owner of the principal in bad faith. (470)

1. OWNER OF PRINCIPAL (OP) AND OWNER OF
ACCESSORY(OA) IN GOOD FAITH/BAD FAITH
OP OA
Acquires the accessory,
indemnifying the OA for its
value
May separate them if no injury
will be caused;
If value of accessory is greater
than principal, OA may
demand separation even if
damages may be caused to
the principal (expenses to be
borne by the one who caused
the conjunction)

2. OP in Good Faith; OA in Bad faith
OP OA
Owns the accessory plus
damages
Loses the thing incorporated
and indemnify OP for damages

3. OP in Bad faith; OA in Good Faith
OP OA
1. Pay OA value of accessory
PLUS DAMAGES OR
2. Principal and accessory be
separated
PLUS DAMAGES
Right to choose between
1. OP paying him the value or
2. That the thing be separated
even if principal will be
destroyed
Both with right to damages

PROPERTY

16
Art.471 Form of Indemnity. (Thing equal in kind/value or
price)






Art. 472/473.
Mixture- takes place when two or more things belonging to
different owners are mixed or combined with the respective
identities of the component parts destroyed or lost.

Two Kinds:
1. Commixtion- or the mixture of solid things belonging to
different owners.
2. Confusion- or the mixture of liquid things belonging to
different owners.

Rules:
1. Mixture by will of the owners- Their rights shall be governed
by their stipulations. Without stipulation, each acquires a right or
interest in proportion to the value of his material.
2. Mixture caused by an owner in GF or by chance- each share
shall still be in proportion to the value of their thing.
3. Mixture caused by the owner in BF- the actor forfeits his
things and is liable for damages.

Art. 474. Specification.
- means the giving of a new form to a material belonging to
another person through the application of labor or industry.

RULES:
1. When the maker (considered principal) is in GF
a. Appropriate but must indemnify the owner of the
material
b. May not appropriate material transformed is worth
more than the new thing. The OM may i.
appropriate the new thing subject to payment of the value of the
work or
ii. demand indemnity for material with damages .

2. When the maker is in BF
a. OM can appropriate the work without paying for the
labor or industry
b. OM can demand indemnity plus damages
c. OM cannot appropriate if the value of the work is
considerably more than the value of the material due to artistic
or scientific importance.

COMPARISON OF THE 3 TYPES ACCESSION OF
MOVABLES
Adjunction Mixture Specification
Involves at least 2
things
Involves at least 2
things
Involves at least 2
things
Accessory follows
principal
Co-ownership
results
Accessory follows
principal
Things joined retain
their nature
Things joined
Either retain or
lose their nature
The new object
retains or preserves
the nature of the
original object


QUIETING OF TITLE (476)

Reasons:
1. prevent litigation
2. protect true title and possession
3. real interest of both parties which requires that precise state
of title be known

Action to Quiet Title
-put an end to vexatious litigation in respect to property
involved; plaintiff asserts his own estate and generally declares
that defendants claim is without foundation
PROPERTY

17
-remedial
-not suits in rem nor personam but suits against a particular
person/s in respect to the res(quasi in rem)
-may not be brought for settling boundary disputes (Vda. De
Aviles vs. CA)
-applicable to any property or interest therein. The law however,
does not exclude personal property from actions to quiet title.
-an action to quiet title brought by the person in possession of
the property is IMPRESCRIPTIBLE.
-if he is not in possession, he must invoke his remedy within the
prescriptive period.


Classification
1. Remedial Action- one to remove cloud on title
2. Preventive Action- one to prevent the casting of a
(threatened) cloud on the title

Action to Remove Cloud
-intended to procure cancellation, delivery, release of an
instrument, encumbrance or claim constituting a plaintiffs title
which may be used to injure or vex him in the enjoyment of his
title.
-preventive

Cloud- any instrument which is inoperative but has semblance
of title.

Requisites:
1. Plaintiff must have a legal or equitable title or interest. (477)
2. Need not be in possession of the property, but must invoke
within prescriptive period. (Gallar vs. Hussain)
3. The cloud must be due to an instrument, record, claim
encumbrance or proceeding which is apparently valid or
effective but in truth and in fact invalid, ineffective, voidable or
unenforceable, or has been extinguished or terminated or has
been barred by extinctive prescription (478), and such
instrument may be prejudicial to said title.
4. Plaintiff must return to the defendant all benefits he may have
received from the latter or reimburse him for expenses that may
have redounded to his benefit. (479)

Instances of Cloud of title
1. An absolute fictitious contract of sale or a sale with simulated
consideration.
2. A sale by an agent without written authority or after expiration
of his authority.
3. A forged contract.
4. A contract of sale or donation which has become inoperative
because of non-performance by the vendee or donee of a
condition precedent.
5. A voidable contract.

Prescriptive Period:
1. Plaintiff in possession- imprescriptible
2. Plaintiff not in possession- 10 (ordinary); 30(extraordinary)

Action to quiet title does not apply:
1.To questions involving interpretation of documents.
2. For mere written or oral assertions of claims, except:
a. if made in a legal proceeding
b. if it is being asserted that the instrument or entry in
plaintiffs favor is not what it purports to be.
3. To boundary disputes(ibid)
4. To deeds by strangers to the title UNLESS purporting to
convey the property of the plaintiff.
5. Where the validity of the instrument involves pure questions
of law.

DISTINCTIONS BETWEEN ACTION TO QUIET TITLE &
ACTION TO REMOVE CLOUD
Basis Action to Quiet
Title
Action to Remove
Cloud
Purpose Put an end to
vexatious litigation
Procure cancellation,
release of an
instrument,
PROPERTY

18
encumbrance or
claim in the plaintiffs
title which affects the
title or enjoyment of
the property
Nature Plaintiff asserts
own claim and
declares that the
claim of the
defendant is
unfounded and
calls on the
defendant to justify
his claim on the
property that the
same may be
determined by the
court
Plaintiff declares his
own claim and title,
and at the same time
indicates the source
and nature of the
defendants claim,
pointing its defects
and prays for the
declaration of its
invalidity



Jurisprudence:
1. Heirs of M. Nagao vs. CA- Free Patent issued over
private land is null and void
2. Roman Catholic Archbishop of Caceres vs. Heirs
of M. Abella- The finding in the case for quieting title prevails
over the ruling in the forcible entry case.
3. Metropolitan Bank & Trust Co. vs. Alejo- The
judgment of trial court cancelling the TCT in the name of the
mortgagor without notice to the mortagee-bank cannot be
considered a cloud on the mortgagees title or interest over the
property, which does not have any semblance of a title.

RUINOUS BUILDINGS AND TREES IN DANGER OF
FALLING (482 & 483)

Liability for Damages
1. collapse within 15 years from completion- engineer, architect
or contractor (1723)
2. in danger of fallingstate may compel owner to demolish or
make necessary work to prevent from falling (482.1)
3. if no action by owner- done by government at the expense of
owner (482.2)

***The complainant must show that his property is adjacent to
the dangerous construction, or must have to pass by necessity
in the immediate vicinity.

Jurisprudence:
*Juan F. Nakpil & Sons vs. CA- The contractor and
architect are liable for the damage sustained by a building
because of an earthquake. Having made substantial deviations
from the plans and specifications, having failed to observe
requisite workmanship in construction, and the architect made
plans that contain defects and inadequacy, both of them cannot
escape liability. To constitute an act of God the following
requisites must concur: 1) the cause of the breach of obligation
must be independent of the will of the debtor 2) the event must
be either unforeseeable or unavoidable 3) the event must be
such as to render it impossible for the debtor to fulfil his
obligation in a normal manner 4) the debtor must be free from
any participation in or aggravation of the injury to the creditor.

CO-OWNERSHIP
- is that form of ownership which exists whenever an undivided
thing or right belongs to different persons. (484)

Requisites:
1. Plurality of Subjectsmany owners
2. unity of material (indivision of object) of ownership
3. recognition of ideal shares

Causes/Sources (LCS FOD)
1. law- i.e. easement of part walls; absolute community of
property b/w spouses
PROPERTY

19
2. contracts
3. succession
4. fortuitous event or by chance- commixtion
5. occupancy2 persons catch a wild animal
6. donation

Kinds of Co-Ownership (LOC CUSI)
1. Legal- created by law
2. Ordinary- Right of partition exists
3. Compulsory- no right of partition exists (party wall)
4. Contractual- created by contract
5. Universal- over universal things (co-heirs)
6. Singular or Particular-over particular or specific thing
7. Incidental- exists independently of the will of the parties






DISTINGUISHED FROM PARTNERSHIP
CO-OWNERSHIP PARTNERSHIP
Legal Personality No Legal
Personality
Has legal/juridical
personality
Source Created by contract
or other things
Created by contract
only (express or
implied)
Purpose Collective
enjoyment of a
thing
Profit
Term Agreement for it to
exist for 10 years
valid(if more than
10 years, the
excess is void)

NOTE: 20 years is
No term limit set by
law
the maximum if
imposed by the
testator or donee of
the common
property
Representation As a rule, no
mutual
representation
As a rule, there is
mutual
representation
Effect of Death Not dissolved Dissolved
Substitution Can dispose of his
share without
consent of others
Cannot substitute
another as a partner
in his place without
consent of others
Profits Must always
depend on
proportionate
shares
May be stipulated
upon

DISTINGUISHED FROM JOINT TENANCY
CO-OWNERSHIP JOINT TENANCY
Shares Involves a physical
whole. But there is an
ideal (abstract)
division; each co-
owner being the
owner of his ideal
share
Involves a physical
whole. But there is
no ideal (abstract)
division; each and all
of them own the
whole thing.
Disposal of
Shares
Each co-owner may
dispose of his ideal or
undivided share
(without boundaries)
without the others
consent
Each co-owner may
not dispose of his
own share without
the consent of all the
rest, because he
really has no ideal
share
Effect of Death If a co-owner dies his
share goes to his
own heirs
If a joint tenant dies,
his share goes by
accretion to the other
PROPERTY

20
joint-tenants by
virtue of their
survivorship or jus
accrecendi
Effect of
Disability
If a co-owner is a
minor, this does not
benefit the others for
the purpose of
prescription, and
prescription therefore
runs against them.
If one joint-tenant is
under legal disability
(like minority), this
benefits the other
against whom
prescription will not
run

RIGHTS OF CO-OWNERS (BUCA CERF APPRAP)

1. Rights to benefits proportional to respective interests;
stipulation to the contrary is void. (485)
2. Right to use the thing co-owned (486)
a. for purpose for which it was intended
b. without prejudice to interest of ownership
c. without preventing other co-owners from making use
thereof
3. Right to change purpose of co-ownership by agreement
(486)
4. Right to bring an action for ejectment in behalf of the other
co-owner (487)
5. Right to compel co-owners to contribute to necessary
expenses and taxes (488)
6. Right to exempt himself from obligation of paying necessary
expenses and taxes by renouncing his share in the pro-indiviso
interest; but cant be made if prejudicial to co-ownership (488)
7. Right to make repairs for preservation of things can be made
at will of one co-owner; receive reimbursement therefrom; notice
of necessity of such repairs must be given to co-owners, if
practicable. (489)
8. Right to full ownership of his part and fruits. (493)
9. Right to alienate, assign or mortgage own part; except
personal rights like right to use and habitation. (493)
10. Right to ask for partition anytime (494)
11. Right to pre-emption (in relation to imprescriptibility-494)
12. Right to redemption in case the shares of all the other co-
owners or any of them are sold to a 3
rd
person (Cadag vs.
Trinanes) (1620)
13. Right to be adjudicated the thing (subject to right of others
to be indemnified)
14. Right to share in proceeds of sale of thing if thing is
indivisible and they cannot agree that it be allotted to one of
them. (498)

DUTIES/LIABILITIES OF A CO-OWNER
1. Share in charges proportional to respective interest;
stipulation to the contrary is void.(485)
2. Pay necessary expenses and taxesmay be exercised only
by one co-owner. (488)
3. Pay useful and luxurious expenses if determined by majority
(489, 492)
4. Duty to obtain consent of all if the thing is to be altered even if
beneficial; resort to court if non-consent is manifestly prejudicial.
(491)
5. Duty to obtain consent of majority with regards to the
administration and better enjoyment of the thing; controlling
interest; court intervention if prejudicialappointment of
administrator. (492)
6. No prescription to run in favor of a co-owner as long as he
recognizes the co-ownership (494); requisites for acquisition
through prescription:
a. he has repudiated through unequivocal acts
b. such act of repudiation is made known to the other co-
owners
c. evidence must be clear and convincing
d. his possession is open, continuous, exclusive and
notorious. (Addille vs. CA)
7. Co-owners cannot ask for physical division if it would render
the thing unserviceable; but can terminate co-ownership. (495)
8. After partition, duty to render mutual accounting of benefits
and reimbursement of expenses (500)
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9. Indemnity for damages caused by reason of negligence and
fraud. (500)
10. Reciprocal warranty for defects of title or quality of the
portion assigned to the owner.(500)

PARTITION.
- The division between two or more persons of real or personal
property which they own in common so that each may enjoy and
possess his sole estate to the exclusion of and without
interference from others.

General Rule: No co-owner shall be obliged to remain in the
co-ownership. Each co-owner may at any time demand the
partition of the thing owned in common, insofar as his share is
concerned. (494)
Exception: When a co-owner may not successfully demand a
partition
1. If by agreement (for a period not exceeding 10 years)
partition is prohibited. (494)
2. When partition is prohibited by a donor or testator (for a
period not exceeding 20 years) from whom the property came.
(494)
3. When partition is prohibited by law. (494)
4. When a physical partition would render the property
unserviceable (495), but in this case, the property may be
allotted to one of the co-owners, who shall indemnify the others,
or in case of disagreement it will be sold, and the proceeds
distributed. (498)
5. When the legal nature of the common property does not allow
partition.

PRESCRIPTION
General Rule: Prescription does not adversely affect a co-
owner or co-heir. A co-owner cannot acquire the whole property
as against the other co-owners.
Exception: valid repudiationprescription shall start from such
repudiation
Exception to the Exception: In constructive trusts prescription
does not run.

Positive Acts of Repudiation
1. Filing by a trustee of an action in court against a trustor to
quiet title to property or for recovery of ownership thereof, held
in possession by the former, may constitute an act of
repudiation of the trust reposed on him by the latter.
2. The issuance of the certificate of title, and the lapse of more
than 20 years, open and adverse possession as owner would
certainly suffice to vest title by prescription.
3. An action for reconveyance of land based on implied or
constructive trust prescribes within 10 years and it is from the
date of the issuance of such title that the effective assertion of
adverse title for purposes of the statute of limitation is counted.
4. When one who is an apparent administrator of property
causes the cancellation of the title thereto in the name of the
apparent beneficiaries and gets a new certificate of title in his
own name.
5. Execution of a deed of partition and on the strength thereof
cancellation of title to the property was obtained in the name of
the predecessor and the issuance of a new one wherein plaintiff
appears as new owner. (De lima vs. CA)

Art. 497. Creditors or Assignees of co-owners cannot
impugn any partition already executed unless there has
been fraud or made notwithstanding a formal opposition.

EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP)
1. Consolidation or merger in one co-owner.
2. Acquisitive prescription in favor of a 3
rd
person or a co-
owner who repudiates the co-ownership.
3. Loss or destruction of property co-owned.
4. Sale of property co-owned
5. Termination of period agreed upon by the co-owners.
6. Expropriation
7. Partition (Judicial or Extrajudicial)

PROPERTY

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TERMINATION OF CO-OWNERSHIP

Jurisprudence:
1. Mariano vs. CA- Redemption of the whole property
by a co-owner does not vest in him sole ownership over said
property. Redemption within the period prescribed by law by a
co-owner will inure to the benefit of all co-owners. Hence, it will
not put an end to existing co-ownership.
2. Cabigao vs. Lim- Accounting should be with respect
to net proceeds not the gross proceeds derived from the sale
3. Aguilar vs. CA- When petitioner filed an action to
compel the sale of the property and the trial court granted the
petition, the co-ownership was deemed terminated and the right
to enjoy the possession jointly also ceased. Thereafter, the
continued stay of respondent and his family in the house
prejudiced the interest of the petitioner as the property should
have been sold and the proceeds divided equally between
them. Respondent should be held liable for monthly rentals.
3. Barreto vs. CA- Even if a co-owner sells the whole
property as his own, or without the consent of the other co-
owners, the sale is valid insofar as his ideal quota is concerned
unless the sale is authorized by the other co-owners.
4. Vda. De Castro vs. Atienza- If a lease could be
entered into partially by a co-owner insofar as his interest is
concerned, then, he can also cancel his own lease
independently of the other co-owner. Therefore, a co-owner who
cancels a lease of his share of a property is liable on his
express undertaking to refund the advance rental paid to him by
the lessee.
5. Tuason vs. Tuason- When co-owners agreed to
subdivide a parcel of land into small lots and then divide the
parcels among them, such obligation is a mere incident to the
main object of dissolving the co-ownership. By virtue of the
document the parties thereto practically and substantially
entered into a contract of partnership as the ebst and most
expedient means of eventually dissolving the co-ownership.
6. Vda. De Espina vs. Abaya- The Statute of Frauds
does not apply to partition because it is not legally deemed a
conveyance or a sale of property resulting in change of
ownership but simply a segregation and designation of that part
of the property which belongs to each of the co-owners.
7. De Santos vs. Bank of Phil. Islands- Creditors and
assignees have the right to be notified of a partition, such
absence would make the partition executed not binding on
them.
8. Laguna vs. Levantino-The sole fact of a co-owner
having declared the lands in question in his name for tax
purposes nor the payment of land taxes, constitutes no such
unequivocal act of repudiation amounting to an ouster of the
other co-owner and cannot constitute adverse possession as
basis for title by prescription.
9. Adille vs. CA- The torrens title does not furnish
shield of fraud. Thus, where one registered the property in
question in his name in fraud of his co-heirs, prescription can
only be deemed to have commenced from the time the latter
discovers the fraudulent act.

PERPENDICULAR CO-OWNERSHIP.
--Different stories of a house belong to different owners.
Although there are apparently separate and distinct properties,
these are indestructively united for their ornamentation and use
and even for their very existence with other necessary and
essential things which are the main and party walls, the roof and
other things used in common. (490)
-- This is to be distinguished from a CONDOMINIUM, which is a
building consisting of several stories, each story being divided
into different units owned by different persons who are members
or shareholders of a condominium corporation.

CONDOMINUM ACT (RA 4726)

Condominium- an interest in real property consisting of a
separate interest in a unit in a residential, industrial, or
commercial building and an undivided interest in common
directly or indirectly, in the land on which it is located and in
other common areas of the building.
PROPERTY

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*Title to the common areas may be held by a
corporation specially formed for the purpose, in which holders of
separate interests automatically become members or
shareholders.

Unit- means a part of the condominium project intended for any
type of independent use or ownership, including accessories
appended.

Project- the entire parcel of real property divided, including all
structures thereon.

Common areas- means the entire project excepting all units
separately granted or held or reserved.

To divide real property- means to divide the ownership thereof
or other interest therein by conveying one or more
condominiums therein but less than the whole thereof.

APPLICABILITY:
Property divided or to be divided into condominiums only if there
shall be recorded in the Register of Deeds of the province or city
in which the property lies and duly annotated in the
corresponding certificate of title of the land, if the latter had been
patented or registered under either the Land Registration or
Cadastral Acts, an enabling or master deed which shall
contain, among others, the following:

(a) Description of the land on which the building or buildings and
improvements are or are to be located;
(b) Description of the building or buildings, stating the number of
stories and basements, the number of units and their
accessories, if any;
(c) Description of the common areas and facilities;
(d) A statement of the exact nature of the interest acquired or to
be acquired by the purchaser in the separate units and in the
common areas of the condominium project. Where title to or the
appurtenant interests in the common areas is or is to be held by
a condominium corporation, a statement to this effect shall be
included;
(e) Statement of the purposes for which the building or buildings
and each of the units are intended or restricted as to use;
(f) A certificate of the registered owner of the property, if he is
other than those executing the master deed, as well as of all
registered holders of any lien or encumbrance on the property,
that they consent to the registration of the deed;
(g) The following plans shall be appended to the deed as
integral parts thereof:
(1) A survey plan of the land included in the project,
unless a survey plan of the same property had previously bee
filed in said office;
(2) A diagrammatic floor plan of the building or buildings
in the project, in sufficient detail to identify each unit, its relative
location and approximate dimensions;
(h) Any reasonable restriction not contrary to law, morals or
public policy regarding the right of any condominium owner to
alienate or dispose of his condominium.


TRANSFER OR CONVEYANCE

Any transfer or conveyance of a unit or an apartment, office or
store or other space therein, shall include the transfer or
conveyance of the undivided interests in the common areas or,
in a proper case, the membership or shareholdings in the
condominium corporation: Provided, however, That where the
common areas in the condominium project are owned by the
owners of separate units as co-owners thereof, no
condominium unit therein shall be conveyed or transferred
to persons other than Filipino citizens, or corporations at
least sixty percent of the capital stock of which belong to
Filipino citizens, except in cases of hereditary succession.

Incidents of a condominium grant

PROPERTY

24
(a) The boundary of the unit granted are the interior surfaces of
the perimeter walls, floors, ceilings, windows and doors thereof.
The following are not part of the unit bearing walls, columns,
floors, roofs, foundations and other common structural elements
of the building:
lobbies, stairways, hallways, and other areas of common use,
elevator equipment and shafts, central heating, central
refrigeration and central air-conditioning equipment, reservoirs,
tanks, pumps and other central services and facilities, pipes,
ducts, flues, chutes, conduits, wires and other utility
installations, wherever located, except the outlets thereof when
located within the unit.
(b) There shall pass with the unit, as an appurtenance thereof,
an exclusive easement for the use of the air space
encompassed by the boundaries of the unit as it exists at any
particular time and as the unit may lawfully be altered or
reconstructed from time to time. Such easement shall be
automatically terminated in any air space upon destruction of
the unit as to render it untenantable.
(c) Unless otherwise, provided, the common areas are held in
common by the holders of units, in equal shares, one for each
unit.
(d) A non-exclusive easement for ingress, egress and support
through the common areas is appurtenant to each unit and the
common areas are subject to such easements.
(e) Each condominium owner shall have the exclusive right to
paint, repaint, tile, wax, paper or otherwise refinish and decorate
the inner surfaces of the walls, ceilings, floors, windows and
doors bounding his own unit.
(f) Each condominium owner shall have the exclusive right to
mortgage, pledge or encumber his condominium and to have
the same appraised independently of the other condominiums
but any obligation incurred by such condominium owner is
personal to him.
(g) Each condominium owner has also the absolute right to sell
or dispose of his condominium unless the master deed contains
a requirement that the property be first offered to the
condominium owners within a reasonable period of time before
the same is offered to outside parties;


GENERAL Rule: Common areas shall remain undivided and
there shall be no judicial partition thereof:
EXCEPTIONS:
(a) That three years after damage or destruction to the project
which renders material part thereof unit for its use prior thereto,
the project has not been rebuilt or repaired substantially to its
state prior to its damage or destruction, or
(b) That damage or destruction to the project has rendered one-
half or more of the units therein untenantable and that
condominium owners holding in aggregate more than thirty
percent interest in the common areas are opposed to repair or
restoration of the project; or
(c) That the project has been in existence in excess of fifty
years, that it is obsolete and uneconomic, and that
condominium owners holding in aggregate more than fifty
percent interest in the common areas are opposed to repair or
restoration or remodeling or modernizing of the project; or
(d) That the project or a material part thereof has been
condemned or expropriated and that the project is no longer
viable, or that the condominium owners holding in aggregate
more than seventy percent interest in the common areas are
opposed to continuation of the condominium regime after
expropriation or condemnation of a material portion thereof; or

(e) That the conditions for such partition by sale set forth in the
declaration of restrictions, duly registered have been met.

DECLARATION OF RESTRICTIONS
(a) As to any such management body;
(b) The manner and procedure for amending such restrictions:
Provided, That the vote of not less than a majority in interest of
the owners is obtained.
(c) For independent audit of the accounts of the management
body;
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25
(d) For reasonable assessments to meet authorized
expenditures, each condominium unit to be assessed separately
for its share of such expenses in proportion (unless otherwise
provided) to its owners fractional interest in any common areas;
(e) For the subordination of the liens securing such
assessments to other liens either generally or specifically
described;
(f) Such right to partition or dissolution may be conditioned upon
failure of the condominium owners to rebuild within a certain
period or upon specified inadequacy of insurance proceeds, or
upon specified percentage of damage to the building, or upon a
decision of an arbitrator, or upon any other reasonable
condition.

Term of a condominium corporation. Co-terminus with the
duration of the condominium project, the provisions of the
Corporation Law to the contrary notwithstanding.

Involuntary dissolution of a condominium corporation.
Effect.
The common areas owned or held by the corporation shall, by
way of liquidation, be transferred pro-indiviso and in proportion
to their interest in the corporation to the members or
stockholders thereof, subject to the superior rights of the
corporation creditors. Such transfer or conveyance shall be
deemed to be a full liquidation of the interest of such members
or stockholders in the corporation. After such transfer or
conveyance, the provisions of this Act governing undivided co-
ownership of, or undivided interest in, the common areas in
condominium projects shall fully apply.

Corporation not Voluntary Dissolved if Master deed not
revoked, except if conditions on partition is present(Sec. 8).

Affirmative vote of all the stockholders or members thereof
at a general or special meeting duly called for the purpose,
dissolves the corporation provided requirements of Corporation
Law complied.

Affirmative vote of all the stockholders or members
necessary to dispose, lease, exchange of common areas owned
or held by it in the condominium project

WATER CODE OF THE PHILIPPINES (PD 1067)

Ownership of Waters

The following belong to the state: (RCL SASS)
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs and brooks
running in their natural beds and the beds themselves
c. Natural lakes and lagoons;
d. All other categories of surface waters such as water flowing
over lands, water form rainfall whether natural or artificial, and
water from agriculture runoff, seepage and drainage;
e. Atmospheric water;
f. Subterranean or ground water; and
g. Seawater

The following waters found on private lands also belong to
the State (CLRSS)
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally waters rising on such lands;
c. Rain water and falling on such lands;
d. Subterranean or ground waters; and,
e. Waters in swamps and marshes.

*The owner of the land where the water is found may use the
same for domestic purposes without securing a permit,
provided that such use shall have been registered, when
required by the Council. The Council, however, may regulate
such use when there is wastage, or in times of emergency.
* Any person who captures or collects water by means of
cisterns, tanks, or pools shall have exclusive control over such
water and the right to dispose of the same.
PROPERTY

26
* Water legally appropriated shall be subject to the control of the
appropriator from the moment it reaches the appropriator's
canal or aqueduct leading to the place where the water will be
used or stored and, thereafter, so long as it is being beneficially
used for the purposes for which it was appropriated.

APPROPRIATION OF WATERS (DMIP FLIRO)
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational
i. Other purposes

**A person may appropriate or use natural bodies of water
without securing a water permit for any of the following.
a. Appropriation of water by means of hand carried receptacles;
and
b. Bathing or washing, watering or dipping of domestic or farm
animals, and navigation of watercrafts or transportation of logs
and other objects by flotation.

**Only citizens of the Philippines, of legal age, as well as
juridical persons, who are duly qualified by law to exploit and
develop water resources, may apply for water permits.

**Water rights may be lent or transferred in whole or in part to
another person with prior approval of the Council, after due
notice and hearing.

**A holder of a water permit may demand the establishment of
easements necessary for the construction and maintenance of
the works and facilities needed for the beneficial use of the
waters to be appropriated subject to the requirements of just
compensation and to the following conditions:
a. That he is the owner, lessee, mortgage or one having real
right over the land upon which he purposes to use water; and
b. That the proposed easement is the most convenient and the
least onerous to the servient estate.

**The utilization of subterranean or ground water shall be
coordinated with that of surface waters such as rivers, streams,
springs and lakes, so that a superior right in one is not
adversely affected by an inferior right in the other.

For this purpose, the Council shall promulgate rules and
regulations and declare the existence of control areas for the
coordinated development, protection, and utilization of
subterranean or ground water and surface waters.

Control area is an area of land where subterranean or ground
water and surface water are so interrelated that withdrawal and
use in one similarly affects the other. The boundary of a control
area may be altered from time to time, as circumstances
warrant.

**Water contained in open canals, aqueducts or reservoirs of
private persons may be used by any person for domestic
purpose or for watering plants as long as the water withdrawn
by manual methods without checking the stream or damaging
the canal, aqueduct or reservoir; Provided, That this right may
be restricted by the owner should it result in loss or injury to him.

** When a drainage channel is constructed by a number of
persons for their common benefit, cost of construction and
maintenance of the channel be borne by each in proportion to
the benefits derived.

** When artificial means are employed to drain water from
higher to lower land, the owner of the higher land shall select
the routes and methods of drainage that will cause the minimum
damage to the lower lands, subject to the requirements of just
compensation.
PROPERTY

27

** When a water resources project interferes with the access of
landowner to a portion of his property or with the conveyance of
irrigation or drainage water, the person or agency constructing
the project shall bear the cost of construction and maintenance
of the bridges, flumes and other structures necessary for
maintaining access, irrigation, or drainage in addition to paying
compensation for land and incidental damages.

**Lower estates are obliged to receive the waters which
naturally and without the intervention of man flow from the
higher estates, as well as the stones or earth which they carry
with them.

The owner of the lower estate can not construct works which will
impede this natural flow, unless he provides an alternative
method of drainage; neither can the owner of the higher estate
make works which will increase this natural flow.

**The banks or rivers and streams and the shores of the seas
and lakes throughout their entire length and within a zone of
three (3) meters in urban areas, twenty (20) meters in
agricultural areas and forty (40) meters in forest areas, along
their margins, are subject to the easement of public use in the
interest of recreation, navigation, flotage, fishing and salvage.
No person shall be allowed to stay in this zone longer than what
is necessary for recreation, navigation, flotage, fishing or
salvage or to build structures of any kind.

**Any person may erect levees or revetments to protect his
property from flood, encroachment by the river or change in the
course of the river, provided that such constructions does not
cause damage to the property of another.

**When a river or stream suddenly changes its course to
traverse private lands, the owners or the affected lands may not
compel the government to restore the river to its former bed; nor
can they restrain the government from taking steps to revert the
river or stream to its former course. The owners of the lands
thus affected are not entitled to compensation for any damage
sustained thereby. However, the former owners of the new bed
shall be the owners of the abandoned bed proportion to the area
lost by each.

The owners of the affected lands may undertake to return the
river or stream to its old bed at their own expense; Provided,
That a permit therefore is secured from the Secretary of Public
Works, Transportation and Communication and work pertaining
thereto are commenced within two years from the changes in
the course of the river or stream.


Possession- The holding of a thing or the enjoyment of a right.

Requisites: (OIR)
1. Occupancy, apprehension, or taking of a thing or right
(possession in fact)
2. Deliberate intention to possess (animus possidendi)
3. By virtue of ones own rightin his own name or in that of
another. (524)

Forms or Degrees of Possession (WJJF)

1. Possession without any titlemere holding without any right
at all. Ex. Thief or squatter.
2. Possession with juridical titlepredicated on juridical
relation existing between the possessor and the owner. Ex.
Lessee, usufructuary, depositary, agent, pledgee and trustee.
3. Possession with just title sufficient to transfer ownership.
Ex. Seller is not the true owner or could not transmit his right
thereto to a possessor who acted in GF.
4. Possession with a title in fee simplederived from the right
of dominion or possession of an owner. This is the highest
degree of possession.

Classes of Possession (GO BAHO)
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28
1. Possession in ones own namepossessor claims the
thing/right for himself. (524)
2. Possession in name of anotherpossessor holds the
thing/right owned by another. (524)
Note: Subject to ratification if not authorized by principal.
This may be:
a. Physical or material Possession: as when possessor
is a mere custodian (i.e. possession of money by a bank teller.
b. Juridical: when possession gives the transferee a right
over the thing which the transferee may set-up against the
owner. (i.e. possession of an agent who receives the proceeds
of sales of goods delivered to him in agency by his principal)

Classes:
a. Voluntaryagent possesses for the principal
b. Necessary/legalas when a mother possesses for a
child still in the maternal womb or incapacitated. Possession in
behalf of juridical entities.
c. Unauthorized (negotiorum gestio)this will become
the principals possession only after there has been a ratification
without prejudice to the effects of negotiorum gestio.

3. Possession in the concept of ownerpossessor by his
actions is considered or is believed by other people as the
owner regardless of good faith or bad faith.(525)
Note: Possessor may be the owner himself or an
adverse possessor.
Effects: a. May be converted into ownership through
acquisitive prescription
b. An action may be brought to protect
possession
c. May ask for inscription of possession
d. Demand fruits and damages from one
unlawfully detaining property
4. Possession in the concept of holderpossessor
acknowledges that there is a superior right over the thing by
another person, which is ownership. (525)
Examples: Usufructuary, Lessee, bailee in
commodatum.
5. Possession in good faith.(526)
Requisites: a. Possessor has a title or mode of
acquisition (712)
b. There is a flaw or defect in said title or
mode
c. Possessor is unaware or aware of the flaw
or defect or believes that the thing belongs or
does not belong to him.

6. Possession in bad faith. (526)- possessor is aware of defect
or flaw in his title.

Instances of Bad Faith
1. Where the possessor has always believed that the land in
question did not belong to him.- (Javier v. Javier 1906)
2. Where the wife was present when her husband entered into
the lease contract and was not ignorant of the defect in her
husbands alleged prescriptive title when she pretended to take
possession thereunder. (Lerma v. Dela Cruz 1907)
3. Where the petitioner acquired his interest in the land aware
that a litigation concerning the land was still pending.(Rivera
v. Moran 1926)
4. Where a purchaser believed that the seller was the owner of
the land sold, which land was owned by another as evidenced
by the latters Torrens title thereto, in view of the presumptive
knowledge of the Torrens title. (J.M. Tuason & Co. Inc. vs.
Mumar 1968)
5. Where the lessee continues to occupy the premises after the
period of the lease contract has already expired as he becomes
a usurper with no right to legitimately continue in the use and
enjoyment thereof. (Republic v. Diaz 1979)
6. Where the land sold is in the possession of another other
than the vendor, the purchaser must go beyond the certificate of
title and make inquiries, failing in this purchaser cannot invoke
good faith. (Heirs of Roxas v. CA 2004)
PROPERTY

29
7. Where the purchaser of land has notice that it is subject to
right of repurchase from his vendor (vendee a retro in a
previous sale) although such right has already lapsed but the
title has not yet been cleared of the encumbrance. (Conde v.
CA 1982)
8. Where one purchased a land, on the certificate of title of
which an adverse claim was previously annotated. (Gardner v.
CA 1984)

Extent of Possession
1. Actual- occupancy in fact of the whole or at least
substantially whole.
2. Constructive- occupancy of part in the name of the whole
under such circumstances that the law extends the occupancy
to the possession of the whole.

Doctrine of Constructive Possession
General Rule: Possession and cultivation of a portion of a tract
of land under claim of ownership is constructive possession.
When for example a person took possession of land by planting
trees and constructed building, it was immaterial that the
building was unfinished and that he left the place and visited the
property intermittently. It is sufficient that the property was able
to be subjected to his will. (Somodio v. CA- 1994)

Exceptions/Qualifications:
1. Mere planting of a sign or symbol of possession cannot
justify a Magellan-like claim of dominion over an immense tract
of territory (Lasam v. Director of Lands-1938)
2. Mere cultivation does not constitute possession under a
claim of ownership.(Republic vs. CA 1988)
3. Mere fact of declaring uncultivated land for taxation purposes
and visiting it every once in a while has been held not to
constitute acts of possession.(Ramirez vs. Director of
Lands 1934)
4. Doctrine of constructive possession does not apply where
the possession is wrongful or the part allegedly constructively
possessed is in adverse possession of another(Sarmiento
v. Lesaca 1960)



Presumptions in favor of the possessor
1. Of Good Faith (527)
2. Of continuity of initial good faith [528]
3. Of enjoyment in the same character in which possession was
acquired until the contrary is proved [529]
4. Uninterrupted possession of hereditary property (533.1)
5. Possession with just title [561]
6. Possession of movables with real property [542]
7. Exclusive possession of common property [543]
8. Continuous possession [554]
9. Uninterrupted possession [561]
10. Possession during intervening period [1138.2]

OBJECT OF POSSESSION [530] (RPDN)

1. Res Communes (privately owned property) {Res Nullius: No
Owner}
2. Property of public dominion
3. Discontinuous servitudes
4. Non-apparent servitudes

Acquisition of Possession (MWA) [531]

1. By the material occupation of exercise of a right (Traditio
brevi manu and traditio constitutum possessorium)
2. By the subjection of the thing or right to our will (tradition
longa manu and tradition symbolica)
3. By proper acts and legal formalities established for
acquiring such right of possession.

By whom possession is acquired (532)
1. Personally or by the same person who is to enjoy it.
PROPERTY

30
2. Thru an authorized person or by his legal representative or
agent
3. Thru an unauthorized person or by any person without any
power or authority whatever

Possession through succession
1. Possession of hereditary property is deemed transmitted w/o
interruption from moment of death (if accepted) and if not
accepted is deemed never to have possessed the same. [533]
2. One who succeeds by hereditary title shall not tack the bad
faith of the predecessors-in-interest except when he is aware of
flaws affecting title; but effects of possession in good faith shall
not benefit him except from the date of death of decedent. [534]

Time of acquisition:

a. Heir accepts: from the moment of death since there is
no interruption.
b. Heir refuses or incapacitated to inherit: he is deemed
never to have possessed the same


Acquisition by Minors/Incapacitated Persons [535]
May acquire material possession but not right to possession.
Such right to possession may only be acquired through their
legal representatives.

Resort to Courts necessary to acquire possession when
there is a possessor objecting thereto. The application of
force or intimidation therefore could not result to
acquisition of possession. [536]

Acts that do not give rise to presumption of abandonment
of right of possession [537]
1. Acts merely tolerated
2. Clandestine or unknown acts
3. Acts of violence

Conflicts between several claimants [538]

General Rule: Possession cannot be recognized in two
different personalities except in case of co-possession when
there is no conflict

Preference of Possession
1. Present of actual possessor shall
2. If there are two possessors, longer in possession
3. If dates of possession are the same, possessor with a title (i.e
right or document evidencing his right to support his
possession)
4. If all the above are equal, the fact of possession shall be
judicially determined and in the meantime, the thing shall be
placed in judicial deposit.

EFFECTS OF POSSESSION

Rights of Possession

1. Right to be respected in his possession and should he be
disturbed he shall be protected in or restored to said
possession. [539]
2. Right to secure the proper writ to restore him in his
possession from a competent court in an action for forcible
entry. [539]
3. Possession acquired and enjoyed in the concept of an
owner can serve as title for acquisitive prescription, even if
acted in BF [540]
4. Possession in concept of owner has in his favor the legal
presumption of just title. [541]
* J ust Title- may be written or oral proof. Title sufficient
to transfer ownership without need of possessing the property
for the period necessary for acquiring title by prescription. It is
title that it true and valid.
* Colorable Title- one which a person has when he
buys a thing in good faith, from one who is not the owner but
PROPERTY

31
whom he believes to be the owner. This is the required title for
acquisitive prescription (De Jesus v. CA-1993)
* Putative Title- one which a person believes he has but
in fact he has not because there was no mode of acquiring
ownership, as when one is in possession of a thing in the
mistaken belief that it had been bequeathed to him.
5. Possession of real property presumes that movables are
included. [542]
6. Co-possessors deemed to have exclusively possessed part
which may be allotted to him; interruption in whole or in part
shall be to the prejudice of all. [543]
7. Possessor in good faith entitled to fruits received before
possession is legally interrupted. (Natural and industrial:
received from the time gathered/severed; Civil Fruits accrue
daily). [544]
8. Right to a part of expenses of cultivation and net harvest in
proportion to time of possession if there would be any
natural or industrial fruits at the time good faith ceases.
(Owner has the option to allow the possessor to finish the
cultivation and gathering of the growing fruits which shall be
considered indemnity for his part of expenses and net
proceeds; if he refuses this concession he loses the right to
be indemnified.) [545]
9. Possessor in GF has the right to be reimbursed for
necessary expenses whether in GF or in BF. Only
Possessor in GF has the right of retention. [546.1]
10. Possessor in GF has the right to be reimbursed for useful
expenses with right of retention (Owner has the option to
pay expenses or the increase in value of the property by
reason of the useful expenses) [546.2]
11. Possessor in GF may remove improvements if can be done
w/o damage to principal thing unless owner exercises option
of paying expenses/increase in value. [547]

* Vendor a retro, a homesteader exercising his right of
repurchase was ordered to refund the value of a house
constructed on subject land by a vendee a retro.SC ruled that
requiring the vendor a retro to return the value of house
constructed was illegal. It being clear that vendor a retro is not
exercising the option to refund the useful expenses, then the
vendee a retro may remove the house since this can be done
without damage to the principal thing. Incidentally, no right of
retention is granted to the vendee a retro. (Calagan v. CFI
Davao-1980)

12. Possessor in GF and BF may not be entitled to payment for
luxurious expenses but may remove them provided principal
is not injured and provided owner does not choose to refund
the amount expended. [548]
13. Improvements caused by nature or time shall inure to the
benefit of person who has succeeded in recovering
possession. [551]
14. Right to possession wild animals while under ones control.
[560]
Wild Animals: whether terrestrial or aquatic, living in a
state of nature independently of and without the aid and care of
man
Domesticated or Tamed Animals: animals which are
wild or savage by nature but have been subdued and made use
of by man and become accustomed to live in a tamed condition
15. One who recovers according to law, possession unjustly lost
is deemed to have enjoyed it without interruption. [561]

Liabilities/Duties of Possessor

1. Possessor in BF must reimburse the value of fruits which
the legitimate possessor could have received [549 in relation
to 443]
*Luxurious expenses shall not be refunded to Possessor
in BF but may remove improvements without injury and
provided lawful possessor does not prefer to retain them by
paying their value. [549]
2. Bear cost of litigation [550]
3. Possessor in GF not liable for loss or deterioration except
when fraud and negligence intervened. [552.1]
PROPERTY

32
4. Possessor in BF liable for loss or deterioration even if
caused by fortuitous event. [552.2]

*Person who recovers possession not obliged to pay for
improvements which have ceased to exist at the time of
occupation. [553]







LOSS OF POSSESSION [555] {AA PEA DC}

By will of the Possessor
1. Abandonment of the thing
2. Assignment to another by onerous or gratuitous title

Against the Will of the Possessor
3. Possession of another if new possession lasted longer than
one year(possession as a fact); real right not lost until after
10 years.
4. Eminent Domain
5. Acquisitive Prescription

By Reason of the Object
6. Destruction or total loss of the thing
7. Thing went out of commerce

POSSESSION WHEN NOT LOST
1. When remained with possessors control eventhough for the
time being he may not know their whereabouts.[556]
2. With respect to third persons, which are not prejudiced
except in accordance with Mortgage Law and Land
Registration Laws. [557]
3. When agent encumbered property without express authority
unless ratified [558]

Possession of movable equivalent to title [559]
1. Acquired in GF
2. Owner has voluntarily parted with the possession of a thing
3. Possession is in the concept of owner

Doctrine of IrrevindicabilityPossession in GF of a movable
is presumed ownership. It is equivalent to a title. No further
proof is necessary.

When may possession may not be recovered if unlawfully
deprived of
1. Where the owner of the movable by his conduct precluded
from denying the sellers authority to sell
2. Where the law enables the apparent owner to dispose of
the movable as if he were the true owner thereof. (PD 1529;
NIL; Warehouse Receipts Law)
3. Where the sale is sanctioned by statutory or judicial
authority
4. Where the sale is made at merchants stores, fairs or
markets (1505)
5. Where the seller has a voidable title which has not been
avoided at the time of the sale to the buyer in GF for value
and w/o notice of the sellers defect of title (1506)
6. Where recovery is no longer possible because of
prescription (1132)
7. Where the possessor becomes the owner of the thing in
accordance with the principle of finders keeper (719)

USUFRUCT
-Right to enjoy the property of another with the obligation of
preserving its form and substance, unless the title constituting it
or the law otherwise provides. [562]

* A Person cannot create a usufruct over his own property and
at the same time retain ownership of the same. For usufruct is
essentially jus in re aliena; and to be a usufructuary of ones
PROPERTY

33
own property is, in law, a contradiction in terms and a
conceptual absurdity.- [Gaboya v. Cui -1971]


CHARACTERISTICS/ELEMENTS

1. Essential
a. Real right of use and enjoyment (whether registered
or not)
b. Temporary Duration
c. Its purpose is to enjoy the benefits and derive all
advantages from the object as a consequence of normal use or
exploitation
d. Transmissible
e. May be constituted on real or personal, consumable
or nonconsumable. Tangible or intangible property.

2. Natural- those which are ordinarily present but can be
eliminated by a contrary stipulation
a. The obligation of conserving or preserving the form
and substance of the thing

3. Accidental- those which may be present or absent
depending upon the stipulation of the parties
a. Whether it be pure or a conditional usufruct
b. The number of years it will exist
c. Whether it is in favor of one person or several

Classifications of Usufruct
1. As to whether or not impairment of object is allowed [562]
a. normal
b. abnormal

2. As to origin [563]
a. Legal- created by law such as usufruct of the parents
over the property of their unemancipated minor
b. Voluntary or conventional- created by will of the
parties either by donation inter vivos or donation mortis causa
c. Mixed- acquired by prescription such as when
believing himself the owner of the property of an absentee, gave
in his will the usufruct of the property for the requisite
prescriptive period to his wife and naked ownership to his
brother and wife possessed it in GF as usufructuary.

3. As to number of persons enjoying the right [611]
a. simple
b. multiple
1. simultaneous- at the same time
2. successive- one after the other
*In case of multiple usufructuaries, in usufruct created by
donation, all the donees must be alive or at least already
conceived at the time of the perfection of the donation.

4. As to quantity or extent of object [564]
i. Total
ii. Partial

5. As to extent of owners patrimony [598/599]
a. Universalif over the entire patrimony
b. Particular/Singularif only individual things are
included

6. As to quality of kind of object
a. of things
i. Normal(or perfect or regular)this involves
non-consumable things where the form and substance are
preserved
ii. Abnormal(or imperfect or irregular)involves
consumable things
b. of rightsrights must not be personal or
intransmissible in character. (so present and future support
cannot be an object of usufruct)

7. As to terms or conditions
a. PureNo term or condition
b. With a term or period
PROPERTY

34
i. ex diefrom a certain day
ii. in diemup to a certain day
iii. ex die in diemfrom a certain day up to a
certain day
c. With a condition
i. Resolutory
ii. Suspensive

DISTINGUISHED FROM LEASE
Usufruct Lease
Extent Covers all fruits and
uses as a rule
Generally covers
only a particular or
specific use
Nature Is always a real right Is a real right only if
registered, as in the
case of lease of real
property OR if
contracted for more
than one year
Creator Can be created only
by the owner, or by
a duly authorized
agent, acting in
behalf of the owner
The lessor may or
may not be the
owner as when
there is a sublease
or when the lessor is
only a usufructuary
Origin May be created by
law, contract, last
will or prescription
May be created as a
rule only by a
contract; and by way
of exception by law
(as in the case of an
implied new lease,
or when a builder
has built in GF on
the land of another a
building, when the
land is considerably
worth more in value
than the building
Cause The owner is more
or less passive and
he allows the
usufructuary to
enjoy the thing
given in usufruct
The owner or lessor
is more or less
active and he makes
the lessee enjoy
Repairs The usufructuary
has the duty to
make ordinary
repairs
The lessee
generally has no
duty to pay repairs
Taxes The usufructuary
pays for the annual
charges and taxes
on the fruits
The lessee
generally pays no
taxes
As to other
things
A usufructuary may
lease the thing to
another
The lessee cannot
constitute a usufruct
on the property
leased

DISTINGUISHED FROM EASEMENTS
USUFRUCT EASEMENT
Object May be real or
personal property
Involves only real
property
Extent What can be
enjoyed here are all
uses and fruits of
the property
Limited to particular
use
Coverage Cannot be
constituted on an
easement; but it
may be constituted
on the land
burdened by an
easement
May be constituted
on a piece of land
held in usufruct
Effect of Death Usually
extinguished by
Not extinguished by
the death of the
PROPERTY

35
death of
usufructuary
dominant estate



RIGHTS OF THE USUFRUCTUARY

I. AS TO THINGS AND ITS FRUITS
1. Right to fruits
a. Civil Fruits Accrue Daily [569]
i. Belong to the usufructuary in proportion to the
time the usufruct may last
ii. Both stock and cash dividends are considered
civil fruits
b. Industrial and Natural Fruits
i. Fruits pending at the beginning of usufruct
[567]
belong to the usufructuary
no necessity of refunding the owner for
expenses incurred, but w/o prejudice to the
rights of 3
rd
persons (thus if the fruits had been
planted by a possessor in GF, the pending crop
expenses and charges shall be pro-rated b/w
said possessor and the usufructuary

ii. Fruits pending at the termination of usufruct
[567]
belong to the owner
BUT the owner must reimburse the
usufructuary for ordinary cultivation
expenses and for seeds and similar
expenses, from the proceeds of the fruits.
(Hence the excess of expenses over the
proceeds need not be reimbursed)

2. Right to Hidden Treasure as stranger [566]
3. Right to enjoy any increase which the thing in usufruct may
acquire through accession [571]
4. Right to personally enjoy the thing in usufruct or lease it to
another [572-577]
Right to make use for the purpose intended of things
which gradually deteriorate and shall not be responsible for
deterioration due to wear and tear and is only obliged to
return the thing in that condition but shall pay indemnity if
deterioration was caused by his fraud or negligence [573]
In case of usufruct on consumables, the usufructuary
should pay the appraised value at the termination of
usufruct if the thing/s were appraised when delivered. If
there is no appraisal, return the same quantity and quality
or pay the current price. [574]
Right to make use of the dead trunks (of fruit-bearing
trees and shrubs) and those cut-off or uprooted by accident
with obligation to replace them [575]
Right to leave the dead, fallen or uprooted trunks if trees
or shrubs disappeared through calamity or extraordinary
event and demand their removal from the owner. [576]
Right to benefits produced naturally in usufruct of
woodland. [577]
He shall have the right to ordinary cutting or felling
habitually made by the owner (or according to customs of
the place) if the woodland is a copse or consists of timber
for building. (All other cutting down of trees ofther than this
should be for the purpose of restoring or improving things
in usufruct and subject to consent of the owner) [577]
Right to make necessary thinnings in nurseries [577]

5. Right to make on the property in usufruct such improvements
or expenses he may deem proper and to remove the
improvements provided no damage is caused to the property
[579]
6. Right to set-off the improvements he may have made on the
property against any damage to the same [580]
7. Right to retain the thing until he is reimbursed for advances
for extraordinary expenses and taxes on capital [612]

II. As to Usufruct itself
PROPERTY

36
1. Right to alienate (or mortgage) the right of usufruct except
parental usufruct [572]
* After a usufrucruary has donated her usufructuary
right over a certain property she cannot get it back on the
ground that she did not own the properties [Seifert v.
Bachrach 1947]

2. Right to bring action and oblige owner thereof to give him
proper authority and necessary proof in a usufruct to recover
property or a real right [578]

3. Right to exercise all the rights pertaining to the co-owner with
respect to the administration and collection of fruits or interests
from the property, in a usufruct of part of a common property.
[582]
*The usufructuary shall be bound by the partition made
by the owners of the undivided property although he took no
part in the partition but the naked owner to whom the part held
in usufruct has been allotted must respect the usufruct. The
right of the usufructuary is not affected by the division but it is
limited to the fruits of said part allotted to the co-owner. (Pichay
v. Querol 1908)

4. In usufruct of Matured Credits, usufructuary may claim
matured credits, collect them and use and invest, w/ or w/o
interest the capital he has collected, in any manner he may
deem proper.
If he has not given security or it is insufficient or he has
been excused to give one, he may collect the credits and invest
the capital which must be at interest with the consent of the
naked owner or approval of the court. [599]

5. In usufruct of mortgaged immovables, the usufructuary is not
obliged to pay the debt for the security of the mortgage. He shall
have a right to whatever he may lose by reason of the
attachment of sale of the immovable for the payment of debt of
the owner. [600]


III. As to advances and damages
1. Right to be reimbursed for indispensable extraordinary
repairs made by him in an amount equal to the increase in value
which the property may have acquired by reason of such
repairs. [594]
2. Right to be reimbursed for taxes on the capital advanced by
him [597.2]
3. Right to be indemnified for damages caused to him by the
naked owner who caused an alteration which diminished the
value of the thing in usufruct [581]




IV. Other
1. Right to make use of the land and materials, when building
forming part of the usufruct on immovable has been destroyed
in any manner [607] {Same rule if Usufruct is constituted on
building only}

2. If usufructuary shares in insurance of tenement in usufruct,
and it was lost, he shall continue in enjoyment of the new one if
one be constructed OR receive interest on the insurance
indemnity. [608]

OBLIGATIONS OF THE USUFRUCTUARY

1. Pay expenses to 3
rd
persons for cultivation and production at
beginning of the usufruct
2. Pay damages in case of usufruct of movable subject to
deterioration if such was due to fraud or negligence of
usufructuary.
3. Those before the usufruct begins [583]
a. Notice of inventory of property (appraisal and
description of movables)
b. Posting of security
PROPERTY

37
i. Not applicable to parents who are usufructuary
of children except when 2
nd
marriage was contracted and to
donor who has reserved the usufruct of the property donated
[584]
ii. Excusedallowed by owner; not required by
law or no one will be injured [585]

Failure to Give Security: owner may demand
that:
1. immovable be placed under administration
2. Net income may be converted into registered
certificates or deposited in bank
3. Capital & proceeds of sale of movables be
invested in safe securities(Interest on proceeds or
property under administration belong to the usufructuary)
4. Retain property as administrator but with
obligation to deliver net proceeds(after deducting
expenses of administration agreed upon or judicially allowed) to
usufructuary until he gives sufficient security.

** Court may grant petition not to deliver the furniture,
implements or tools necessary for use of the usufructuary or
industry as security and that he and his family be allowed to live
in the house included in the usufruct, but he must take an oath.
[587]

** Owner may refuse that articles with artistic or
sentimental value be sold. These shall be delivered to him if
he gives security to the usufructuary for the payment of legal
interest on their appraised value.[587]

** When the Security given, usufructuary has a right to
proceeds and benefits to the day he is entitled to receive
them(588)

THOSE DURING THE USUFRUCT
4. Take care property with diligence of a good father of a family
[589]
5. Liability for negligence or fault of substitute [590]
6. If usufruct is constituted on animalsduty bound to replace
dead animals that die from natural causes or became prey;
if all of them perish w/o fault but due to contagious
disease/uncommon eventdeliver those that are saved;
if perish in part due to accidentcontinue on remaining
portion

If usufruct was constituted on sterile animalsas if fungible,
may be replaced of same kind and quality. [591]

7. Obliged to make ordinary repairs. (*Ordinary Repairs-
required by wear and tear due to natural use of the thing and
are indispensable for its preservation)

8. Notify the owner when the need for extraordinary repairs is
urgent [593]
9. Permit works and improvements by the naked owner not
prejudicial to the usufruct [595]
10. Payment of annual charges and taxes affecting fruits [596]
11. Pay debts when the usufruct is constituted on the whole of a
patrimony [598]
* Previously contracted debts only unless there is a
contrary stipulation
* Not liable for debts in excess of the value of the assets
received unless contrary is intended
12. Notify owner of any prejudicial act committed by 3
rd
persons
[601]
13. Pay court expenses and costs regarding usufruct [602]

THOSE AT THE TERMINATION OF THE USUFRUCT

14. Return the thing in usufruct to the naked owner unless there
is a right of retention pertaining to him (usufructuary) or his heirs
for extraordinary expenses or taxes it paid [612]
15. Payment of the legal interest on the amount expended by
owner for extraordinary repairs [594]
PROPERTY

38
16. Payment of proper interest on the taxes on capital paid by
the owner [597]
17. Indemnify the naked owner for any losses due to his
negligence or of his transferees [589-590]

RIGHTS OF NAKED OWNER
1. Alienate thing
2. Construct any works and make any improvement or plantings
(if rural) provided it does not diminish the value of usufruct or
prejudice the right of usufructuary [595]
3. Right to occupy the land and to make use of materials on
Usufruct of a Building which was destroyed and a new building
was constructed by owner [607.2]
4. Demand the return of the thing if the abuse should cause
considerable injury to him (owner), but shall pay annual net
proceeds less expenses of administration [610]

OBLIGATIONS OF NAKED OWNER
1. Extraordinary Expenses
2. Expenses after renunciation of usufruct
3. Taxes and expenses imposed directly on capital
4. Liable for whatever may be lost by the usufructuary in
usufruct of mortgaged immovables if these were sold.
5. If expropriated for public useowner may replace it or pay
legal interest to usufructuary of net proceeds of the same. [609]
6. Pay Usufructuary the interest on the value (this actually is the
insurance received for the destroyed building) of the land
occupied and materials used by naked owner after constructing
a replacement building in Usufruct of a Building which was
destroyed. [607.2]
7. Pay annual net proceeds less expenses of administration if
he demanded return of the thing after it was found out to be in
bad use and causes injury to him [610]






Special Usufructs (POC-VM-PDC)
1. Of pension or income (570)
2. Of property owned in common (582)
3. Of cattle/livestock (591)
4. On vineyards and woodlands (575-576)
5. On mortgaged Property (600)
6. Over the entire patrimony (598)
7. Over the things which gradually deteriorate (573)
8. Of consumable property


EXTINGUISHMENT OF USUFRUCTUARY [603] [DEMET-TP]
1. Death of Usufructuaryunless contrary intention appears
2. Expiration of period of usufruct
3. Merger of usufruct and ownership
4. Express renunciation of usufructuary
5. Total loss of thing
6. Termination of the right of the person constituting the usufruct
7. Prescription

*Thing Loss in Part, right on the remaining part continues [604]
*Usufruct cannot be constituted in favor of town, corporation or
association for more than 50 years[605]
*Usufruct with duration dependent on the age of a person
(expires when person attains a certain age) subsists even if
such person die before the period expires unless usufruct is
expressly granted only in consideration of the existence of such
person [606]
* Usufruct in favor of several persons not extinguished until
death of last survivor [611]


EASEMENTS OR SERVITUDES

Easement- an encumbrance imposed upon an immovable for
the benefit of another immovable belonging to a different owner.
The immovable in favor of which the easement is established is
PROPERTY

39
called the dominant estate; that which is subject thereto, the
servient estate.

Differences Between Servitude And Easement
1. Servitude is the term used in Civil Law Countries like Spain,
while easement is used in common-law countries like England
2. Servitude is broader in scope. In common law, easement is
just one form of servitude.
3. Servitude in Civil Law refers to both real easement (predial)
or to a personal easement. While in common law easement is
always predial or real easement.

Characteristics of Easement or Servitude

1. Real right but will affect third persons only when registered.
2. It is enjoyed over another immovable. (The immovable is
understood in its common meaning such as lands, buildings,
roads and constructions attached to the soil. It is not understood
in its legal sense under Article 415 where even birds and fish
may be considered immovable properties.)
3. Involves two neighboring estates. (The other property must
be owned by another owner.)
4. It is inseparable from the estate to which it is attached and
therefore cannot be alienated independently of the estate. [617]
5. It is indivisible [618]
6. Right is limited by the needs of the dominant owner or estate
without possession
7. It cannot consist in the doing of an act unless the act is
accessory in relation to a real easement.
8. It is a limitation on the servients owners rights of ownership
for the benefit of the dominant owner and therefore it is not
presumed.
9. Its cause must be perpetual (as long as the dominant and/or
the servient estate exists unless sooner extinguished by the
causes enumerated by law)

CLASSIFICATION

1. According to the Manner they are exercised. [615]
a. Continuoustheir use is incessant or may be
incessant without the intervention of any act of man.
Examples:
i. Easement of aqueduct
ii. Easement of right to support a beam on
anothers wall
iii. Easement of light and view

b. Discontinuousused at intervals and depend upon
the acts of man.
Example: Easement of right of way

2. According to Presence of Signs Indicative of their existence
[615]
a. Apparentthose which are made known and
continually kept in view by external signs revealing their use and
enjoyment by the owner of the dominant estate.
Example:
i. Window in a party wall which is visible to
owners of the party wall
ii. Right of way if there is a permanent path
constructed.
iii. Easement of Dam

Exception: An easement of aqueduct is always
considered apparent for legal purposes [646]

b. Non-Apparentthose which do not show signs of
their use and enjoyment.
Example:
i. Easement of lateral and subjacent
support
ii. Easement of intermediate distance
[679]
iii. Easement of right of way if there is no
visible pathway or alley.
PROPERTY

40
iv. Easement of not building to more than
a certain height

3. According to purpose of easement or the nature of limitation
or obligation of servient owner [616]

a. Positiveone which imposes the duty on the owner of
the servient estate to do something or to allow something to be
done by the owner of the dominant estate. (SERVITUDES OF
SUFFERANCE or INTRUSION)
Examples:
i. If branches of a tree extend over a neighboring
estate, the owner of the latter estate has the right to demand
from the owner of the tree the cutting of the overreaching
branches [680].
ii. If the roots of the tree would penetrate into the
land of another, the owner of the tree (servient estate) has the
obligation to allow the cutting of the invading roots [680.2]
iii. Easement of light and view in a party wall
[668.1]
iv. Easement of right of way

b. Negativeone which prohibits the owner of the
servient estate from doing something which he could lawfully do
if the easement did not exist. (Also called SERVITUDES OF
ABSTENTION or LIMITATION or RESTRICTION

Examples:
i. Easement of light created by the making of an
opening in ones own wall below the ceiling joists.[669] The
owner of the other tenement cannot construct anything which
will obstruct the entry of light. Were it not for the easement, the
owner of the servient estate can construct structures on his own
tenement that could obstruct the light passing through the said
opening. However, the dominant owner can object to the
construction of any barring structures only after the lapse of ten
years following the receipt by the servient owner of a notarial
prohibition restraining him from making such blocking
structures. [668]
ii. Easement not to build higher structure which
will block the easement

4. According to party given the benefit
a. real (or predial)for the benefit of another belonging
to a different owner.
Example:
i. Easement of water where lower estates are
obliged to allow water naturally descending from upper estates
to flow into them. (Natural Drainage) [637]

b. personalfor the benefit of one or more persons or
community
Example:
i. Easement of right of way for passage of
livestock [657]

5. According to right given
a. Right to partially use the servient estate. Ex. Right of
Way
b. Right to get specific materials or objects from the
servient estate. Ex. Easement of Drawing Water
c. Right to participate in ownership. Ex. Easement of
Party Wall
d. Right to impede or prevent the neighboring estate
from performing a specific act of ownership. Ex. Easement of
intermediate distances as when the servient estate cannot plant
trees w/o observing certain distances.

6. According to source or origin
a. Voluntaryconstituted by will or agreement of the
parties or by a testator.
b. Mixedcreated partly by agreement and partly by law
c. Legalconstituted by law for public use or for private
interest

PROPERTY

41

MODES of ACQUIRING EASEMENTS

I. By Title
1. discontinous and apparent
2. continuous and non-apparent
3. discontinous and non-apparent

II. By Title & Presciption(10 years irrespective of good faith or
bad faith)
1. continuous and apparent

**Computation of time of Possession for acquisition
through prescription [621]
Positive: From the day the dominant estate
began to exercise the right (i.e. regarding a window in a party
wall, from the day the opening or window was built [668] )

Negative: From the time Notarial Prohibition was
made on the servient estate.

III. By Deed of Recognition [623]
IV. By Final Judgment [623]
V. By Apparent sign established by the owner of two adjoining
estates should either of the estates are alienated, unless at the
time the ownership is divided the contrary is provided in the title
of conveyance OR sign removed before execution of deed [624]
VI. By Exproriation

*Absence of a document or proof showing origin of an
easement w/c cannot be acquired by prescription may be cured
by a deed of recognition by the owner of the servient estate OR
by a final judgment

RIGHTS OF THE DOMINANT ESTATE OWNER (EMRA)
1. Exercise the easement and all necessary rights for its use
including accessory easement [625]
2. Make on the servient estate all works necessary for the use
and preservation of the servitude, BUT
a. Must be at his own expense
b. Must notify the servient owner
c. Select convenient time and manner
d. Must not alter the easement nor render it more
burdensome [627.1]
3. Renounce totally the easement if he desires exemption from
contribution to expenses [628]
4. Ask for mandatory injunction to prevent impairment of his use
of the easement [Resolme v. Lazo]

OBLIGATIONS OF THE DOMINANT ESTATE OWNER
[ANCC]
1. Cannot alter the easement or render it more burdensome
[627.1]
2. Notify the servient owner of works necessary for the use and
preservation of the servitude [627.2]
3. Choose the most convenient time and manner in making the
necessary works as to cause the least inconvenience to the
servient owner [627.2]
4. Contribute to the necessary expenses if there are several
dominant estates in proportion to the benefits derived from the
works [628.1]

RIGHTS OF THE SERVIENT ESTATE OWNER [RUC]
1. Retain ownership and possession of the portion of the estate
on which the easement is established [630], even if indemnity
for the right is given (as in the case of easement of right of way)
[649], unless the contrary has been stipulated.
2. Use the easement unless deprived by stipulation provided
that the exercise of the easement is not adversely affected [630]
and provided further that he contributes to the expenses in
proportion to benefits receives, unless theres an agreement to
the contrary [628.2]
3. Change the place or manner of the use of the easement,
provided that an equally convenient substitute is made, w/o
injury to the dominant estate. [629.2]
PROPERTY

42





OBLIGATIONS OF THE SERVIENT ESTATE OWNER (PRIC)
1. Pay for expenses incurred for the change of location or form
of the easement [629.2]
2. In case of impairment, restore conditions to status quo at his
expense plus damages. (Paras, citing Sanchez Roman)
(In case of obstruction, as when the servient owner
fences the original right of way, and offers an inconvenient
substitute, which is farther and requires turning at a sharp angle,
he may be restrained by injunctionResolme v. Lazo)
3. Cannot impair the use of the easement [629.1]
4. Contribute to the expenses in case he uses the easement,
unless there is a contrary stipulation. [628.2]

MODES OF EXTINGUISHMENT OF EASEMENTS [631] (MN
BERR)
1. MERGER in the same person of the ownership of the
dominant and servient estates.
*Merger must be absolute, complete, not temporary.
2. NON-USER for 10 Years.
How computed? 1. Discontinuous: from the day on
which they ceased to be used
2. Continuous: from the
day on which an act contrary to the same took place

*Use by at least one co-owner of the dominant estate of
the easement prevents prescription as to the others inasmuch
as an easement is indivisible. [633]
3. BAD CONDITION of either or both of the tenement, in such a
case that it cannot be used. (But shall revive if the subsequent
condition again permit its use unless prescription takes place.
4. EXPIRATION of the term of the fulfilment of the condition, if
easement is temporary or conditional.
5. RENUNCIATION of the owner of the dominant estate
6. REDEMPTION agreed upon between the owners of the
dominant and servient estates.



LEGAL EASEMENTS- are those imposed by law having their
object either public use or the interest of private persons. They
shall be governed by the special laws and regulations relating
thereto, and in the absence thereof, by the Civil Code.

KINDS: (WRPL DIAL)
1. Easement Relating to Waters
2. Easement of Right of Way
3. Easement of Party Wall
4. Easement of Light and View
5. Drainage of Building
6. Intermediate Distances and Works for Certain Constructions
and Plantings
7. Easement Against Nuisance
8. Lateral and Subjacent Support

EASEMENTS RELATING TO WATERS [DD R DD AC]
1. Natural Drainage of Lands [637]
2. Natural Drainage of Buildings [674]
3. Easement on riparian banks for navigation, floatage, fishing,
salvage and towpath [638]
4. Easement of a dam [639, 647]
5. Easement for drawing water or for watering animals [640-
641]
6. Easement of aqueduct [643-646]
7. Easement for the construction of a stop lock or sluice gate
[647]

Natural Drainage of Lands
*Servient Estate owner cannot construct works that
would divert the flow of water or burden another tenement, nor
enclosed his land by ditches or fences which would impede the
flow
PROPERTY

43
*Dominant Estate owner cannot collect water, nor
increase the velocity of the descent by maing the ground more
impervious or less absorbent, but he may construct works
preventing erosion [Law on Waters].
*If the descending waters are the result of artificial
development or proceed from industrial establishments recently
set up or are the overflow from irrigation dams, the owner of the
lower estate shall be entitled to compensation for his loss or
damage. (Law on Waters)

Drainage of Buildings
*Owner of Building must construct its roof in such
manner that the rain water falls on his own land or on a street or
public place.
*Owner is obliged to collect the water without causing
damage to the adjacent land or tenement. [674]

*If Tenement or Land is subject to easement of receiving
water falling from roofsowner of such tenement may build in
such manner as to receive the water upon his own roof or give it
another outlet [675].. This is applicable in places where
buildings are constructed in mountainous or elevated areas and
roofings are of different heights. Those in the lower areas may
be receiving in their roofs rain water coming or falling from
neighboring roofs. Servient owner should provide an outet for
the passage of falling water to public street.

*Outlet of Rain Water through surrounding houseslike
compulsory easement of right of way.
Conditions: (a) No adequate outlet for rain water
(b) Outlet must be at the
point of easiest egress
(c) least possible damage
(d) payment of proper
indemnity [676]

Easements along Riparian Banks
*This whether the bank be private or public and whether
the river be navigable or not. [638]
*Entire Length and Width of Zone Burdened of 3 meters
along the river margins

Easements of TOW PATH
*Towpath: road or track that runs alongside the banks of
a river, canal or other inland waterway, the purpose of which is
to allow a land vehicle, animal or a team of human pullers to tow
a boat, often a barge.
*Banks must be navigable or floatable rivers. [638]
*Width Zone: (a) 2 metersanimals (b) 1 meter
pedestrians

Easement of a Dam
*Purpose: To divert or take water from a river or brook or
for the use of any other continuous or discontinous stream.
*Person who is to construct and not the owner of the
supporting lands or banks must pay indemnity. [639]





Construction of stop lock or sluice gate [647]
*Requisites: (a) Purpose must be for irrigation or
improvement
(b) Construction must be on the
estate of another
(c) Damages must be paid
(d) Third persons should not be
prejudiced

Easement for drawing water or for watering animals
*Only for reasons of public use in favor of a town or
village after indemnity. [640]
*Servient estates owners has obligation to allow
passage to persons and animals to place where easements are
PROPERTY

44
to be used, also with indemnity [641] Right of way have a
maximum width of 10 meters, which cannot be altered by
owners of the servient estates. However, the direction of the
path may be changed, provided use of easement is not
prejudiced.

Easement of Aqueduct
* Requisites: Dominant estate owner must [643] {PSI}
1. Prove that he can dispose of the water and that it is
sufficient for the use for which it is intended.
2. Show that the proposed right of way is the most
convenient and the least onerous to 3
rd
persons
3. Indemnify the owner of the servient estate

* Cannot be imposed on buildings, courtyards, annexes
or outhouses or orchards or gardens already existing.(for private
interests) [644]
* Possible Ways: (a) Construction of an open or covered
canal (b) construction of tubes or pipes
* Servient owner may still enclose or fence the servient
estate or even build over the aqueduct so long as no damage is
caused or repairs and cleanings become impossible. [645]


EASEMENT OF RIGHT OF WAY
-easement or privilege by which one person or a particular class
of persons is allowed to pass over anothers land, usually
through one particular path or line.

Requisites: [650] (OANILI)
1. Claimant must be owner of enclosed immovable or one with
real right.
2. There must be no adequate outlet to a public highway.
3. The right of way must be absolutely necessary.
4. The isolation must not be due to the claimants own act.
5. The easement must be established at the point least
prejudicial to the servient estate.
6. There must be payment of proper indemnity.

*Basis of Indemnity: [649]
a. Permanent Passage: Value of Land occupied +
Amount of Damage to Servient Estate
b. Necessary Passage (i.e. cultivation of estate): Amount
of Damage
* Width is dependent on the sufficient needs of the dominant
estate [651]
* If the land conveyed by the grantor (i.e. vendor, co-owner,
exchanger) is surrounded by his (grantors) other estates he
shall be obliged to grant right of way w/o indemnity to him.. In
case of simple donation, donor is indemnified if a right of way is
established [652]
* If it is the land of the grantor that was isolated he may demand
a right of way after paying indemnity.. The donor however is not
required to pay indemnity. [653]
* If right of way is permanentnecessary repairs are made by
the dominant estate owner.. He shall pay a proportionate share
of taxes to servient estate (According to Paras Proportionate
means the WHOLE tax for the whole estate) [654]

* EXTINGUISHMENT OF EASEMENT OF RIGHT OF
WAY(Legal/Compulsory Right of Way) [655] Not automatic
as the law says servient owner may demand
1. Opening of a new road
2. Joining the dominant estate to another(that is the
latter becomes also the property of the dominant owner) which
abuts and therefore has access to the public highway. {The new
access must be adequate and convenient}

*Temporary Easement of Right of Way: As when it is
indispensable for the construction, repair, improvement,
alteration or beautification of a building to carry materials to
estate of another. [656]

*Easement of Right of Way for the Passage of Livestock: [657]
Width (Maximum): a. Animal Path75 meters
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45
b. Animal Trail37.5
meters
c. Passageway for animals
under 640/641 for watering10 meters

EASEMENT OF PARTY WALL
-refers to all those mass of rights and obligations
emanating from the existence and common enjoyment of wall,
fence, enclosures or hedges by the owners of adjacent buildings
and estates separated by such objects.

PARTY WALLa common wall which separates two estates
built by common agreement at the dividing line such that it
occupies a portion of both estates on equal parts. It is a forced
co-ownership.

PARTY WALL vs. CO-OWNERSHIP
PARTY WALL CO-OWNERSHIP
Shares of parties cannot be
physically segregated but they
can be physically identified
Shares of the co-owners can
be divided and separated
physically but before such
division, a co-owner cannot
pinpoint to any definite portion
of the property as belonging to
him
No limitation as to use of the
party wall for exclusive benefit
of a party
None of the co-owners may
use the community property for
his exclusive benefit
Owner may free himself from
contributing to the cost of
repairs and construction of a
party wall by renouncing all
his rights thereto
Partial renunciation is allowed


PRESUMPTION THAT A WALL IS A PARTY WALL [659]
1. Dividing walls of adjoining buildings up to the point of
common elevation
2. Dividing walls of gardens or yards situated in cities, towns or
in rural communities
3. Fences, walls and live hedges dividing rural lands



How Presumption rebutted?
a. Title to the contrary
b. Exterior signs to the contrary
c. Proof to the contrary

*Title prevails over a mere exterior sign.


EXTERIOR SIGNS NEGATIVING EXISTENCE OF PARTY
WALL [660] (WOBB CSI)

(1) Whenever in the dividing wall of buildings there is a window
or opening
(2) Whenever the dividing wall is, on one side, straight and
plumb on all its facement, and on the other, it has similar
conditions on the upper part, but the lower part slants or
projects outward;
(3) Whenever the entire wall is built within the boundaries of
one of the estates;
(4) Whenever the dividing wall bears the burden of the
binding beams, floors and roof frame of one of the buildings,
but not those of the others;
(5) Whenever the dividing wall between courtyards, gardens,
and tenements is constructed in such a way that the coping
sheds the water upon only one of the estates;
*Coping: highest or covering course of a wall often of
tile and usually with a sloping top to carry off water and
commonly cut with a drip
PROPERTY

46
(6) Whenever the dividing wall, being built of masonry, has
stepping stones, which at certain intervals project from the
surface on one side only, but not on the other;
(7) Whenever lands inclosed by fences or live hedges adjoin
others which are not inclosed.

* Presumption of party wall applies to ditches and drains opened
between two estates. But there is a rebuttable presumption: if a
deposit of dirt is on one side alone, owner of that side is
considered owner of the ditch. [661]
* Proportionate contribution to repairs and construction similar to
co-ownership, unless there is total renunciation of the share of
one owner, the latter is exempt [662]
* When owner of the building supported by a party wall desires
to demolish the building he may also renounce his part-
ownership of the wall. He however bears the cost of repairs
necessary to prevent damage which the demolition may cause.
[663]

* Requisites for Increasing the Height of the Party Wall
[664] [DP BP RG]
1. Must do so at his own expense
2. Must pay the necessary damages caused even if damage is
temporary
3. Must bear the costs of maintenance of the portion added
4. Must pay for the increased cost of preservation
5. Must reconstruct if original wall cannot bear the increased
height
6. Must give the necessary additional space of his land if wall
is to be thickened

*One desiring the increase height or depth shall be the
exclusive owner of the additions, unless the other owners(who
have not contributed in increasing height or depth) pay
proportionally the value of the work at the time of the acquisition
by other persons outside the original part-ownership and of the
land used for its thickness. [665]
* Use by the co-owners of the wall is in proportion to their right
in the co-ownership. [666]





EASEMENT OF LIGHT AND VIEW

* Consent of part-owners of a party wall necessary in opening a
window [667]

Easement of Light- right to admit light from the neighboring
estate by virtue of the opening of a window or the making of
certain openings.

Easement of View-right to make openings or windows to enjoy
the view through the estate of another and the power to prevent
all constructions or works which would obstruct such view or
make the same difficult.

*Period of Prescription how counted? [668]
a. From the time the opening of the window if it is
through a party wall
b. From the time of the formal prohibition upon the
proprietor of the adjoining land or tenement, if the window is
through a wall on the dominant estate.

* When distances under Art. 670 not observed, owner of a wall
w/c is not a party wall adjoining a tenement or a piece of land
belonging to another may make in it openings to admit LIGHT:
[669]
i. Maximum size30cm. square
ii. There must be an iron grating imbedded in the wall
iii. There must be a wire screen
--This is referred to as RESTRICTED WINDOWS


PROPERTY

47
*Rules for REGULAR WINDOWS (670)
Direct View: At least 2 meters distance between the wall
having the windows and the boundary line.
--This is measured from the outer line of the wall
when the openings do not project OR from the outer line of the
openings when they project [671]
Side/Oblique View: At least 60 centimeters between the
boundary line and nearest edge of the window (Santos v.
Rufino)
--This is measured from the dividing line between
the two properties.

Direct Viewgaining of direct sigt from an opening in a
wall parallel to the boundary line w/o having to extend out or
turn ones head to see the adjoining tenement.

Side/oblique viewgaining of sight of the other
tenement from an opening made at an angle with the boundary
line, such that to be able to see the adjoining tenement there is
a necessity for putting out or turning ones head either to the left
or to the right.

* Distances in Art. 670 applicable to buildings separated by a
public way or a public alley which is not less than 3 meters wide.
[672]
* When a right has been acquired to have direct views, the
owner of the servient estate cannot build thereon at less than a
distance of 3 meters. Any stipulation permitting distances less
than the prescribed under Art. 670 is void. [673]





INTERMEDIATE DISTANCES AND WORKS FOR CERTAIN
CONSTRUCTIONS AND PLANTINGS

*No constructions and plantings near fortified places or
fortresses [677]
--Fortified Places/fortressesmilitary structure for the
defense of the State against foreign aggression.

*Construction of Aqueduct, Wells, sewers, furnace, forge,
chimney, stable, depository of corrosive substances, machinery
or factory w/c are dangerous or noxious not should observe the
distances prescribed regulations and customs of the place. No
waiver or alteration by stipulation is allowed for reasons of
public safety. [678]

* Planting of trees subject to distances provided by ordinances
or customs if there be none. If both not present: [679]
a. Tall trees2 meters(minimum) from boundary line to
center of the tree
b. Small trees or shrubs50 cm.(minimum) from
boundary line to center of tree or shrub

--This is applicable even if trees have grown
spontaneously.

* Fruits naturally falling upon adjacent land belong to the owner
of said land [681]

EASEMENT AGAINST NUISANCE
--Forms of Nuisance [682][N-J OSH-DWG]
1. noise
2. jarring
3. offensive odor
4. smoke
5. heat
6. dust
7. water
8. glare
PROPERTY

48

LATERAL AND SUBJACENT SUPPORT

Lateral Support--support when the supported and supporting lands are
divided by a vertical plane, which if diminished through diggings or
excavations may cause crumbling or sliding of the neighboring land.

Subjacent Supportsupport when the supported land is above and the
supporting land is beneath it, which if diminished through diggings or
excavations may cause sinking of the neighboring land.

* Any stipulaton or testamentary provision allowing excavations that cause
danger to an adjacent land or building shall be void [685]
* Applicability is not only for standing buildings but also for future ones to be
erected. [686]


VOLUNTARY EASEMENTS

* Consent of the usufructuary is not necessary if the Naked Owner imposes
any servitude on the land or tenement as long as it does not injure the
usufructuary. [689]
* Both the naked and beneficial owners consent is necessary if a perpetual
voluntary easement is to be established [690]
* Consent of all co-owners necessary in order to impose an easement over
the undivided tenement or land. Consent need not be given simultaneously.
But once a co-owner gave his consent he cannot revoke it. [691]
* Governing Rules for Voluntary Easements: [692]
a. If created by title, title governs and Civil code is suppletory
b. If created by prescription, form and manner in which it had been
acquired governs, Civil code is suppletory.
* When servient estate owner bound himself to pay the cost of maintenance
work, he may free himself if he renounces his property to the dominant estate
owner [693]

NUISANCE [694]
-- Any act, omission, establishment, business, condition of property or
anything else which [IASOH]
1. Injures or endangers the health or safety of others (Ex. Factory
causing pollution or house in danger of falling)
2. Annoys or offends the senses (Ex. Garbage cans, too much blowing
of horns)
3. Shocks, defies, or disregards decency or morality (Ex. House of
prostitution)
4. Obstructs or interferes with the free passage of any public highway or
street or any body of water (Ex. Market Stalls constructed on streets)
5. Hinders or impairs the use of property (Ex. Illegal construction on
anothers land)

Negligence vs. Nuisance
Negligence Nuisance
Basis Liability is based on lack
of proper care or
diligence
Liability attached
regardless of the degree
of care or skill exercised
to avoid injury
Condition of the act Act complained of is
already done which
caused injury to the
plaintiff
There is continuing
harm being suffered by
the aggrieved party by
the maintenance of the
act or thing which
constitutes the nuisance
Abatement Abatement is not
available as a remedy.
The action is for
damages.
Abatement w/o judicial
proceedings is allowed
to suppress the
nuisance

Nuisance vs. Trespass
--In trespass there is entry into anothers property, this is not necessarily so in
nuisance.
--In trespass the injury is direct and immediate; in nuisance it is only
consequential.

PROPERTY

49
CLASSIFICATION OF NUISANCE
1. Old Classification
a. nuisance per sealways a nuisance (Ex. House of prostitution)
b. nuisance per accidensa nuisance only because of the location or
other circumstances. (Ex. A noisy factory in a residential district)

2. New Classification
A. According to relief (whether given or not)
i. actionable
ii. non-actionable


B. According to manner of relief
i. those abatable by criminal and civil actions
ii. those abatable only by civil actions
iii. those abatable judicially
iv. those abatable extra-judicially

C. According to the Civil Code
i. PUBLICaffets a community or neighborhood or any
considerable number of persons although the extent of annoyance, danger or
damage be unequal. [695]
ii. PRIVATEthat which is not public or only affects certain
individuals or affects private rights [695]
*There may be a MIXED NUISANCE or which affects
both public and private. As when it affects the community but there is a
special injury to a private person. Example: A house abutting on a street
railway track is a private nuisance to the railway company and a public
nuisance because it obstructs the street.

DOCTRINE OF ATTRACTIVE NUISANCE
One who maintains on his estate or premises an attractive nuisance
(which is a dangerous instrumentality or appliance which is likely to attract
children), without exercising due care to prevent children from playing
therewith or resorting thereto is liable to a child of tender years who is injured
thereby, even if the child is technically a trespasser in the premises.
--The principal reason for the doctrine is that the condition or
appliance in question although its danger is apparent to those of age, is so
enticing or alluring to children of tender years as to induce them to approach,
get on or use it, and this attractiveness is an implied invitation to such
children.
--Generally not applicable to bodies of water, artificial as well as
natural in the absence of some unusual condition or artificial feature other
than the mere water and its location. Thus a swimming pool or reservoir of
water is considered an attractive nuisance.

* Successor of a property constitution nuisance is liable if he did not remove
it[696]
* Abatement for nuisance does not preclude recovery of damages for its past
existence[697]
* Lapse of time cannot legalize any nuisance except, Non-user for ten years
of an easement, ex. An easement of a dam which was considered a nuisance
was not used for 10 years [698]

Remedies against Public Nuisance
1. Criminal Prosecution
2. Civil Action
3. Abatement w/o judicial proceedings
*All remedies may be simultaneously pursued

* Civil action is commenced by the Mayor [701]
* District health officer determines w/n extra-judicial abatement is the best
remedy [702]
* A private person may file an action against a public nuisance if it is specially
injurious to him [703]

Conditions for extra-judicial abatement of a public nuisance by a private
person
1. Demand to owner or possessor of property
2. Demand was rejected
3. Abatement is approved by district health officer and executed w/ local
police assistance
PROPERTY

50
4. Value of destruction does not exceed P3,000



Remedies against a private nuisance
1. Civil Action
2. Abatement w/o judicial proceedings

* A private person injured by a private nuisance may abate it by
removing/destroying w/o committing breach of peace. Procedure for extra-
judicial abatement of a public nuisance by a private person is indispensable.
[706]

* A private person extra-judicially abating a nuisance is liable for damages if:
a. he causes unnecessary injury
b. an alleged nuisance is later declared by courts not a real nuisance
[707]

REGISTRY OF PROPERTY
--has for its object the inscription or annotation of acts and contracts relating
to the ownership and other rights over immovable property. [708]

Registrationany entry made in a book or public registry of deeds. i.e.
cancellation, annotation, marginal notes.

Register
This may refer to:
i. the act of recording or annotating
ii. the book of registry
iii. the office concerned
iv. the official concerned

Three systems of registration in the Philippines
1. Registration under the Land Registration Act (Torrens System)
2. Registration under the Spanish Mortgage Law
3. Registration under Sec. 194 of the Revised Administrative Code, as
amended by Act 3344

Purposes of Registration
1. To give true notice of the real status of real property and real rights thereto
2. To prejudice third persons (unless they have actual knowledge of the
transaction concerned) [709]
3. To record acts or contracts (transmissions and modifications of ownership
and other eal rights over real properties) Note: Registration does not validate
or cure a defective instrument like a forged deed.
4. To prevent the commission of frauds, thus insuring the effectivity of real
rights over real property.

*Registration cannot bind property where it is legally ineffective i.e.
registration under wrong system.
*Registration does not vest title, it is not a mode of acquiring
ownership

*The books in the Registry of Property shall be public for those who have
known interest in ascertaining the status of the immovable or real rights
annotated or inscribed therein [710]
*Reference to special laws must be made to determine what titles are subject
to registration, as wel as the form, effects and cancellation of registration, and
the manner of keeping the books and the value of the entries contained in
said books [711]


MODES OF ACQUIRING OWNERSHIP [712] (OLDTIPS)
1. Occupation
2. Law
3. Donation
4. Tradition
4. Intellectual Creation
6. Prescription
7. Succession

PROPERTY

51
A. Original Modesindependent of any pre-existing or preceding title or right
of another
1. Occupation
2. Intellectual Creation or work
B. Derivative Modessomebody else was the owner before
1. Succession
2. Donation
3. Prescription
4. Law (Alluvium, accession, abandonment of river beds, adjunction,
fruits falling on anothers land
5. Tradition, as a consequence of certain contracts (like sale, barter,
assignment, simple loan or mutuum)

MODE vs. TITLE
Mode Title
Directly produces real right Serves merely to give occasion for its
acquisition or existence
Proximate cause Remote cause
The true cause (or process) The justification for the process
Essence of right w/c is to be created
or transmitted
Means whereby essence is
transmitted
Creates a real right Creates a personal right

OCCUPATION
--The acquisition of ownership by seizing corporeal things that have no
owner, made with the intention of acquiring them, and accomplished
according to legal rules.

Requisites: (SCA-IC)
1. There must be seizure or apprehension (the material holding is not
required as long as there is right of disposition)
2. The property seized must be corporeal personal property
3. The property seized must be susceptible of appropriation (either
abandoned property or unowned property)
4. There must be intent to appropriate
5. The requisites or conditions of the law complied with

Things susceptible to Occupation [713]
1. Things w/o owner
2. animals that are object of hunting and fishing
3. Abandoned movables
4. Hidden treasure

* Ownership of a piece of land cannot be acquired by occupation [714]
*Right to hunt and fish regulated by special laws [715] (such as Fisheries Act;
Act 1499 prohibition on use of explosives and poisons for fishing, Hunting
Law, declaring close and open season)

ANIMALS [716/717]
1. Swarm of bees
-owner shall have a right to pursue them to anothers land,
paying damages to the owner of the latters land.
-land owner shall occupy/retain bees if after 2 days, owner did
not pursue the bees
2. Domesticated Animals
-may be redeemed w/in 20 days from occupation of another
person; shall pertain to one who caught them if no redemption made w/in the
period
3. Pigeons and fish
-when they go to another breeding place, they shall be owned
by the owner thereof provided they are not enticed.

MOVABLES
1. Hidden Treasure found on anothers property, rights under 438
acquired [718]
2. Movable found w/c is not treasure [719/720]
a. must be returned to owner
b. if finder retains, he may be charged with theft
c. if owner is unknown, give to mayor; mayor shall
announce the finding of the movable for two consecutive weeks
d. if owner does not appear 6 months after publication,
thing is awarded to finder
PROPERTY

52
e. if owner appears, he is obliged to pay 1/10 of value of
property to finder as reward [720]
f. if movable is perishable or cannot be kept w/o deterioration or
w/o expenses it shall be sold at public auction 8 days after
publication

OCCUPATION vs. POSSESSION
Occupation Possession
Mode of acquiring ownership Raises presumption of ownership
(concept of an owner)
Applies only corporeal personal
property
Applies to both corporeal and
incorporeal
The thing is w/o owner Thing is w/ owner
There is intent to acquire ownership Possession may be had in the
concept of mere holder
Takes place w/ some form of
possession
Takes place w/o occupation
Generally with short duration Usually takes place with longer
duration
Cannot lead to another mode of
acquisition
Can lead to acquisition through
prescription


OCCUPATION vs. PRESCRIPTION
OCCUPATION PRESCRIPTION
Original Mode Derivative Mode
Shorter period of possession Generally longer period of possession





INTELLECTUAL CREATION

Persons who may acquire ownership through intellectual creation [721]
1. The author with regard to his literary, dramatic, historical, legal,
philosophical, scientific or other work;
2. The composer as to his musical composition;
3. The painter, sculptor, or other artist, with respect to the product of his art;
4. The scientist or technologist or any other person with regard to his
discovery or invention.

When ownership takes place? [722]
Author & ComposerBefore publication (Copyright Laws
govern after publication)
Painter/Sculptorbefore copyrighted
Scientist/technologistbefore patented

*Ownership of letters and private communications belong to the person to
whom they are addressed and delivered. Publication of such requires
consent of writer or heirs except for reasons of public good of interest of
justice. [723] (Letter here means paper with words, because the ideas or
thoughts really belongs to the sender)

Some Terms:
Copyrightan intangible, incorporeal right granted by statute to the
author or originator of certain (literary or artistic productions whereby he is
invested, for a specified period, with the sole & exclusive privilege of
multiplying copies of the same & publishing and selling them.
*Works of Government are exempted from copyrights.

Patentan exclusive right to an invention granted to the patentee, his
heirs or assigns for the term thereof (20 years under Intellectual Property
Code)

Patent Infringementact of using or selling any patented invention
w/o authority during the term of the patent and this includes one who induces
the infringement.

Patentablerefers to something suitable to be patented. To be
patentable, a device, process or improvement must embody a new idea or
PROPERTY

53
principle not before known and it must be a discovery as distinguished from
mere mechanical skill or knowledge.

Not Patentable:
a. Discoveries, scientific theories, mathematical methods
b. Computer Programs
c. Methods for treatment of human or animal body
d. Plant varieties or animal breeds
e. Aesthetic creations
f. Contrary to public order or morality

DONATION
--An act of liberality whereby a person disposes gratuitously of a thing or right
in favor of another who accepts it. [725]

Characteristics:
a. Unilateralobligation imposed on the donor
b. Consensualperfected at the time donor knows of the acceptance
[734]

Requisites: (CIDA)
1. The donor must have capacity to make the donation of a thing or
right
2. He must have the donative intent (animus donandi) or intent to
make the donation out of liberality to benefit the donee.
3. Delivery, whether actual or constructive of the thing or right
donated
4. Donee must accept or consent to donation

Requirements of a Donation
1. Subject Matteranything of value; present property & not future, must not
impair legitime
2. Causaanything to support a consideration; generosity, charity, goodwill,
past service, debt
3. Capacity to donate and dispose and accept donation
4. Formdepends on value of donation

Essential Elements/features of a true donation
a. Alienation of property by the donor during his lifetime, which is accepted
b. Irrevocability by the donor
c. Animus Donandi
d. Consequent impoverishment of the donor (diminution of his assets)

Kinds of Donation

A. As to consideration
1. Simplethe cause is pure liberality (no strings attached)
2. Remuneratorypurpose: to reward past services, with no strings
attached. (The services here do not constitute recoverable debts.) Ex. A
donates a parcel of land to B who had previously helped him review the bar
exams.
3. MODALpurpose: to reward future services or because of certain
future changes or burdens or charges is less than the value of donation. Ex.
A donates to B a parcel of land worth P700K but B should give A a ring worth
P150K or teach him certain things, the value of instruction being P90K
4. Oneroushere there are burdens, charges or future service equal
in value to that of the thing donated. Ex. A donated land worth P2M to B but B
has to give A a Ford Expedition worth also P2M. (Case law provides that this
is not really a donation)

B. As to effectivity
1. inter vivostakes effect during the lifetime of the donor
2. mortis causatakes effect upon the death of the donor
3. in praesentito be delivered in future (also considered inter vivos)
4. propter nuptiason the occasion of marriage

C. From the viewpoint of object donated
1. Corporeal
a. Donations of real property
b. Donations of personal property
2. Incorporealdonations of alienable rights

PROPERTY

54





INTER VIVOS MORTIS CAUSA
Takes effect independently of the
donors death
Takes effect upon the death of the
donor
Made out of donors pure generosity Made in contemplation of his death
without the intention to lose the thing
or its free disposal in case of survival
Title conveyed to the donee before
the donors death
Title conveyed upon donors death
Valid if donor survives donee Void if donor survives donee
Generally irrevocable during donors
lifetime except for grounds provided
by law
Always revocable at anytime and for
any reason before the donors death
Must comply with the formalities
required by Law on donations
Must comply with formalities required
by Law on Succession
Must be accepted by the donee
during his lifetime
Can only be accepted after the
donors death
Subject to donors tax Subject to estate tax

Instances of Donation Inter Vivos
1. Donor warrants title to property over which she reserved life time usufruct
2. Donation was accepted by donees who were given limited right of
disposition, with donor reserving beneficial ownership
3. Donation was executed out of love and affection as well as a recognition of
the personal services tendered by the donee
4. Ownership and possession of property immediately transferred to donee
but his right to fruits begin only after donors death
5. Causes of revocation specified
6. Donor states that he makes a perfect, irrevocable and consummated
donation
7. Donor and donee prohibited from alienating and encumbering the property
8. Usufruct reserved by the donor

Instances of Donation Mortis Causa
1. Registration of deed of donation prohibited
2. Donation to take effect and pass title only by and because of death
3. Right to dispose and enjoy reserved by donor

* In case of doubt the conveyance should be deemed Mortis Causa in order
to avoid uncertainty as to the ownership of the property. The legal principle
enunciated in Art. 1378 applies, where in case of gratuitous contracts the
least transmission of rights and interests must prevail.

* Fixing of an event or imposition of a suspensive condition, w/c may take
place beyond the natural expectation of life of the donor does not affect the
nature of a donation inter vivos unless a contrary intention appears [730]
* Donation subject to the resolutory condition of the donors survival is a
donation inter vivos [731]
*Donations w/ an onerous cause governed by rules on contracts, in case of
remuneratory donations where the portion exceeds the value of burden,
excess is governed by contracts and the remaining, rules on donations [733]


Who May Give Donations? All persons who may contract and dispose of
their property [735]
Therefore: Guardians and trustees cannot donate property entrusted
to them [736]
* Donors capacity determined as of the time of making the donation [737]

Who may accept donations?
1. Natural and juridical persons w/c are not specially disqualified by law. [738]
2. Minors & other incapacitated
a. by themselves
i. if pure and simple donation
ii. if it does not require written acceptance
b. by guardian, legal representatives if needs written acceptance
i. natural guardiannot more than 50K
ii. court appointedmore than 50K
PROPERTY

55
3. Conceived and unborn child represented by person who would have been
guardian if already born. [742]

PROHIBITED DONATIONS
1. Made between persons who are guilty of adultery and concubinage at the
time of donation
2. Made b/w persons found guilty of the same criminal offense in
consideration thereof
3. Made to public officers or his/her spouse, descendants and ascendants by
reason of his office
4. Made to the Priest who heard confession of donor during his last illness or
the minister of the gospel who extended spiritual aid to him during the same
period
5. Made to Relatives of priest w/in the 4
th
civil degree, church, order of
community where the priest belongs
6. Made to a Physician, nurse etc. who took care of the donor during his last
illness
7. Made by a ward to the guardian before the approval of accounts
8. Made to an attesting witness to the execution of donation, if there is any, or
to the spouse, parents, or children or anyone claiming under them
9. Made by individuals, associations or corporations not permitted by law to
make donations
10. Made by spouses to each other during the marriage or to persons of
whom the other spouse is a presumptive heir.

* Donations of the same thing to two or more different donees governed by
the provisions on Double Sale [744]
* Donee must accept donation personally or through an authorized person
with special power of attorney or one with a general and sufficient power
[745]
* Acceptance s/d be made during lifetime of both donee and donor [746]

Donation of Movables [748]
Orally or in writing
If oralsimultaneous delivery of thing or document representing right
required
If value of personal property exceeds P5,000 donation and acceptance
must be in writing
Non-compliance w/ foregoing renders donation void.

Donation of Immovables [749]
Must be in a public document, specifying the property donated and the
value of charges the donee should satisfy
Acceptance may be made in the same deed or separately, but must be
made during the lifetime of donor
Acceptance in a separate document requires notification to donor in an
authentic form





What may be given? LIMITATIONS ON DONATION OF PROPERTY [750]
All or part donors present property provided he reserves sufficient means
for the support of the following:
a. himself
b. relatives who by law are entitled to his support
c. legitimes shall not be impaired if he has forced heirs
When there is no reservation of the abovementioned or if donation is
inofficious, may be reduced on petition of persons affected.
Donations should not prejudice 3
rd
persons
Future property cannot be donated [751]

Note: Art. 750 does not apply to onerous donation, mortis causa and propter
nuptias(which cannot be reduced, as they are only revocable on grounds
expressly provided by law)

*When donation is made to several persons jointly, it is understood to be in
equal shares and there is no right of accretion among them unless the donor
otherwise provides. This rule is not applicable to donations made to husband
and wife jointly. [753]
PROPERTY

56
*Donee is subrogated to all rights of donor in case of eviction. Donor however
is not obliged to warrant the thing donated except when donation is onerous.
Donor is liable for hidden defects in case there is bad faith. [754]
*Donor may make reservations to dispose part of the object donated, but if he
dies it pertains to the donee. [755]
*The donation of naked ownership and usufruct may be made to different
persons provided all the donees are living the time of donation [756]
* Reversion may be established in favor of the donor and to other
persons(who are living at the time of donation). Stipulations by the donor in
favor of 3
rd
persons who are not living at the time of donation is void but shall
not nullify the donation [757]
* Stipulation that donee should pay debts of the donor applicable only to
debts contracted previous to the donation, unless there is an agreement to
the contrary. The donee shall not be responsible to debts exceeding the
value of property donated, unless a contrary intention appears. [758]
* Donee is responsible to pay debts even if there is no stipulation if the
donation was made in fraud of creditors. It is considered in fraud of creditors
when the donor did not reserve sufficient property to pay debts prior to
donation [759]

EFFECTS OF DONATION
1. Donee may demand the delivery of the thing donated
2. Donee is subrogated to the rights of the donor in the property
3. In donations propter nuptias, the donor must release the property from
encumbrances, except servitudes
4. Donors warranty exists if: (a) expressed (b) donation is propter nuptias (c)
donation is onerous (d) donor is in bad faith
5. When the donation is made to several donees jointly they are entitled to
equal portions, w/o accretion, unless the contrary is stipulated








REVOCATION OR REDUCTION OF DONATIONS

REVOCATION WHEN DONOR DOES NOT HAVE CHILDREN DURING
DONATION, CONDITIONS TO TAKE EFFECT [760]
a. if the donor after the donation should have legitimate or legitimated or
illegitimate children, even though they be dead
b. if the child of the donor, whom he believed to be dead should turn out to
be alive
c. if the donor should adopt a minor.
--The reduction or revocation is only insofar as it exceeds the portion that
may be freely disposed of by will after taking account the whole estate of the
donor at the time of existence of the abovementioned events. [761]

What the donee must do after reduction or revocation? [762]
1. Return the property.
2. Give the value (usually price of the sale) if it was sold. If it was mortgaged
donor may pay the debt subject to reimbursement from the donee.
3. Return the value at the time of perfection of donation if property lost or
totally destroyed.

Prescription of action for revocation or reduction: after 4 years from the birth
of the first child or from his legitimation, recognition or adoption or from
judicial declaration of filiation or from the time information was received of
childs existence. Action is not renounces and transmitted upon donors
death to legitimate and illegitimate children and descendants. [763]

*Donation is revoked upon failure of the donee to comply with conditions.
Action for revocation prescribes in four years and also transmissible to heirs
and may be exercised against donees heirs. Alienations or mortgages made
by donee void. [764]

REVOCATION BY REASON OF INGRATITUDE [765] [CIR]
(1) If the donee should commit some offense against the person, the honor or
the property of the donor, or of his wife or children under his parental
authority
PROPERTY

57
(2) If the donee imputes to the donor any criminal offense, or any act
involving moral turpitude, even though he should prove it, unless the crime or
the act has been committed against the donee himself, his wife or children
under his authority
(3) If he unduly refuses support to donor when the donee is legally or morally
bound to give support to the donor.
-- Alienations and mortgages effected before the notation of the complaint for
revocation in the Registry of Property shall subsist. [766]
-- If donor cannot recover property to 3
rd
persons, he may recover the value
of property(at the time of donation) to the donee [767]
-- Action cannot be renounced in advance. Action prescribes w/in 1 year from
the time donor had knowledge of the fact that it was possible for him to bring
the action[769]

*What fruits must be returned when donation is revoked [768]
a. Fruits accruing from the time action is filed must be returned if the ground
is
1. Article 760 (revocation by donor having no children)
2. Inofficiousness of the donation because the legitime is impaired
[771]
3. Ingratitude [765]
b. Fruits received after failure to fulfill the condition/s must be returned if the
ground is Non-Compliance with any of the conditions imposed. [764]

*Actions are not transmissible to the heirs if the donor did not institute the
same.(Even if donor died before the 1 year expiration period).. And also
actions cannot be brought against the donees heirs unless the complaint was
filed upon his(donees) death. [770]
--Exceptions: 1. Donee killed the donor (donor never had the chance
to revoke)
2. When donor died w/o knowing act of
ingratitude

PERSONS WHO CAN ASK FOR THE REDUCTION OF INOFFICIOUS
DONATION upon donors death [772]
1. The compulsory heirs of the donor (whether children, other descendants,
ascendants or surviving spouse)
2. The heirs and successors-in-interest of the compulsory heirs

PERSONS WHO CANNOT ASK FOR REDUCTION OF INOFFICOUS
DONATION upon donors death [772] [VDLC]
1. voluntary heirs of the donor (friends, brothers etc.)
2. devisees (recipients of gifts of real property in a will)
3. legatees (recipients of gifts of personal property in a will)
4. creditors of the deceased

Prescriptive Period to reduce or revoke: 5 Years from the time of donors
death

* Preference on reduction is given to earlier donations, therefore the
subsequent donations must first be reduced [773]

Revocation vs. Reduction
Revocation Reduction
Affects the whole property regardless
of whether the legitime has been
impaired or not
As a rule only part of the property is
affected, and applies only when
legitime is impaired
As a rule, for the benefit of the donor As a rule for the benefit of the heirs
of the donors (because of their
legitimes)
Applicable to cases of supervening
birth; non fulfilment of
conditions/charges; acts of ingratitude
and inofficious donations
Applicable to cases of supervening
birth and inofficious donations and
when legitimes are impaired or
donor did not reserved for support
of himself and relatives

PRESCRIPTION- a mode by which one acquires ownership and other real
rights thru lapse of time; also a means by which one loses ownership, rights
and actions.

Kinds:
PROPERTY

58
1. Acquisitive Prescriptionone acquires ownership and other real rights
through the lapse of time in the manner and under the conditions laid down
by law.
Requisites: (CTPL)
a. capacity to acquire by prescription
b. a thing capable of acquisition by prescription
c. possession of the thing under certain conditions
d. lapse of time provided by law





a. Ordinaryrequires possession of things in good faith and with just title for
the time fixed by law. Requisites (1117-1120):
Possession in Good Faith (Reasonable belief that the person who
transferred the thing is the owner & could validly transmit ownership.
This must exist throughout the entire period required for prescription)
Just title (through any of the modes recognized by law; must be
true and valid; must be proved)
Within the time fixed by law: MOVABLES: a) in GF-4 years; b) w/o
conditions-8 years IMMOVABLES: a) 10 years
In concept of an owner
Public, peaceful and uninterrupted possession (Must be known to
the owner of the thing; acquired and maintained w/o violence; no act
of deprivation by others)
Possession is naturally interrupted when through any
cause it should cease for more than one year. The old
possession is not revived if a new possession should be
exercised by the same adverse claimant. (1122) Civil
interruption is produced by judicial summons to the
possessor (1123)
When Judicial Summons shall be deemed not issued:
(1124)
a. If it should be void for lack of legal solemnities
b. If the plaintiff should desist from the complaint or should
allow the proceedings to lapse
c. If the possessor should be absolved from the complaint
Any express or tacit recognition by the possessor of the
owners right also interrupts possession.(1125)
Area possessed prevails over the area in the title (1135)
b. Extra-ordinaryacquisition of ownership and other real rights without need
of title or of good faith or any other condition
Requisites:
1. Just title is proved
2. Within the time fixed by law
a. 8 years for movables
b. 30 years for immovables
3. in concept of an owner
4. public, peaceful and uninterrupted
2. Extinctive Prescriptionrights and actions are lost through the lapse of
time in the manner and under the conditions laid down by law.

DISTINCTION BETWEEN ACQUISITIVE AND EXTINCTIVE PRESCRIPTION
ACQUISITIVE EXTINCTIVE
Relationship between the occupant and
the land in terms of possession is
capable of producing legal
consequences; it is the possessor who is
the actor
One does not look to the act of the
possessor but to the neglect of the
owner
Requires possession by a claimant who
is not the owner
Requires inaction of the owner or neglect
of one with a right to bring his action
Applicable to ownership and other real
rights in the occupant
Applies to all kinds of rights, whether real
or personal
Results in the acquisition of ownership or
other real rights in a person as well as
the loss of said ownership or real rights in
another
Results in the loss of a real or personal
right or bars the cause of action to
enforce the said right
Can be proven under the general issue
w/o its being affirmatively pleaded
Should be affirmatively pleaded and
proved to bar the action or claim of the
adverse party
Vests ownership or other real rights in the
occupant
Produces the extinction of rights or bars
a right of action
PROPERTY

59



Lachesfailure 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.


PRESCRIPTION vs. LACHES
PRESCRIPTION LACHES
Concerned with the fact of delay Concerned with the effect of delay
A question or matter of time Principally a question of inequity of
permitting a claim to be enforced,
this inequity being founded on some
subsequent change in the condition
or the relation of the parties
Statutory Not statutory
Applies at law Applies in equity
Cannot be availed of unless it is
especially pleaded as an affirmative
allegation
Being a defense in equity, it need
not be specifically pleaded
Based on a fixed time Not based on a fixed time

Who may acquire by prescription (1107)
1. Persons who are capable of acquiring property by other legal modes
2. Minors and other incapacitated personally or through their parents,
guardians or legal representatives


Against whom Prescription runs (1108) (MAP-JC)
1. Minors and other incapacitated persons who have parents, guardians or
other legal representatives
2. Absentees who have administrators, either appointed by them before their
disappearance or by the courts
3. Persons living abroad who have managers or administrators
4. Juridical persons except the State and its subdivisions
5. Between co-heir or co-ownerPrescription obtained by one co-heir/co-
owner benefits others(1111)

Against whom Prescription does not run (1109)
1. Between husband and wife eventhough there be a separation of property
agreed upon in the marriage settlements or by judicial decree.
2. Between parents and children during the minority or insanity of the latter
3. Between guardian and ward during the continuance of the guardianship

Renunciation of Prescription Already Obtained. Requisites (1112)
1. The person renouncing must have capacity to alienate property.
2. The renunciation must refer to prescription already obtained
3. It must be made by the owner of the right, unless an administrator,
executor or other legal representative has been given a special power of
attorney
4. It must not prejudice the rights of creditors

The right to acquire by prescription in the future cannot be
renounced (1112)
There is tacit renunciation when the renunciation results from acts
which imply abandonment of the right acquired (1112)
Notwithstanding the express or tacit renunciation by a person of a
prescription already obtained, his creditors and all persons interested
in making prescription effective may still plead prescription for
themselves to the extent of their credit (1114)

Things subject to Prescription (1113): All things w/in the commerce of
men, private property & patrimonial property of the state

Things not subject to Prescription:
1. Of Public domain
2. intransmissible rights
3. movables possessed through a crime (1133)
4. registered land under PD 1529
PROPERTY

60

RULES IN COMPUTATION OF PERIOD (1138)
1. Present possessor may tack his possession to that of his grantor or
predecessor in interest
2. Present possessor presumed to be in continuous possession even with
intervening time unless contrary is proved
3. First day excluded, last day included


































PRESCRIPTIVE PERIOD OF ACTIONS
Prescriptive Period Actions
Imprescriptible To declare an inexistent or void
contract
To quiet title
To demand a right of way
To bring an action for abatement
of public nuisance
To demand partition in co-
ownership
To enforce a trust
Probate of a will
To recover possession of a
registered land under PD 1529 by the
registered owner
30 Years real actions over immovables (but
not foreclosure) w/o prejudice to the
acquisition of ownership or real rights by
acquisitive prescription
10 Years Actions upon a written contract
Actions upon an obligation
created by law
Actions upon a judgment from the
time judgment becomes final
Actions among co-heirs to
enforce warranty against eviction in
partition
Mortgage action
8 Years Action to recover movables w/o
prejudice to acquisition of title for a
shorter period or to the possessors title
under Arts. 559, 1505, 1133
6 Years Actions upon an oral contract
Actions upon a quasi-contract
PROPERTY

61
5 Years Action for annulment of marriages
(except on the ground of insanity) and
for legal separation counted from the
occurrence of the cause
Actions against the co-heirs for
warranty of solvency of the debtor in
credits assigned in partition
Action for declaration of the
incapacity of an heir (devisee or legatee)
to succeed
All other actions whose periods
are not fixed by law, counted from the
time action accrues
4 Years Action to revoke donations due to
non-compliance of conditions
Action to rescind partition of
deceaseds estate on account of lesion
Action to claim rescission of
contracts
Annulment of contracts for vice of
consent
Actions upon a quasi-delict
Action to revoke or reduce
donations based on birth, appearance or
adoption of a child
Actions upon an injury to the
rights of the plaintiff (not arising from
contract)
3 Years Actions under the eight hour labor
law
Actions to recover losses in
gambling
Money claims as a consequence
of employer-employee relationship
Action to impugn legitimacy of a
child if the husband or his heirs reside
abroad
2 Years Action to impugn legitimacy of a child
if the husband or his heirs are not
residing in the city or municipality of birth
1 Year Action to impugn legitimacy of a child
if the husband or his heirs are residing in
the city of municipality of birth
Forcible entry and unlawful detainer
Defamation
Revocation of donation on the ground
of ingratitude
Rescission or for damages if
immovable is sold with an apparent
burden or servitude
Action for warranty of solvency in
assignment of credits
6 Months Actions for warranty against hidden
defects or encumbrances over the thing
sold
40 Days Redhibitory action based on faults or
defects of animals