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Ad Majorem Dei Gloriam

PROPERTY NOTES

indemnity for expenses)

POSSESSION FRUITS
POSSESSION EXPENSES
Kinds of Fruits
1. Civil fruits

2.

Possessor in Good Faith

Entitled to fruits from start
of possession until legal
interruption

Possessor in Bad Faith

Not entitled to fruits.

Right to retain fruits

Possessor in Good Faith

Entitled to reimbursement
Right of retention pending
full reimbursements

Useful expenses

Owner has 2 options:

Must pay damages as

rental from time
possession started until
possession is finally
defeated

Natural/Industrial
Fruits

a. Gathered

Expenses
Necessary Expenses

Must account for fruits

and return value of:
fruits actually received,
and fruits which the legal
possessor could have
received with due care
and diligence.

Option 1: reimbursement
of either (a) amount spent
or (b) increase in value
with right of retention with
full payment.

Must pay damages as

reasonable rent for the
term of possession.
Luxurious expenses
But entitled to necessary
expenses for
preservation, cultivation,
and gathering of fruits.

b. Pending

Owner has 2 options:

First: Pro-rating (based
on period of possession)
between possessor and
owner of: expenses, net
harvest and charges

Second: To allow
possessor to stay in
possession until after all
fruits are gathered (which
shall serve as the

No rights, not even

reimbursement of
expenses for cultivation
(because by right of
accession, all fruits belong
to owner without need to
pay indemnity)
Must pay damages as
reasonable rent for the
term of possession

Possessor in Bad Faith

Entitled to reimbursement
No right of retention; must
vacate property (recourse
is to file collection case)
Liable for damages as
reasonable rent for period
of possession
No rights

Deterioration/loss

Option 2: To allow
possessor to remove
provided no substantial
damage or injury is
caused
Owner has 2 options:

Owner has 2 options:

Option 1: to allow
possessor to remove
ornaments if the principal
suffers no injury

Option 1: to allow
possessor to remove
ornaments if the principal
suffers no injury

Option 2: to retain the

ornament by refunding the
amount spent for the
ornament

Option 2: to retain the

ornament by refunding the
value of the ornament at
the time owner enters into
possession (which means
depreciated value)
Always liable whether
before or after service of
judicial summons, for any
cause, even fortuitous
event.

No liability unless due to

fraudulent intent or
negligence after service of
judicial summons

1
Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!

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Ad Majorem Dei Gloriam

PROPERTY NOTES

Nature of right
Creator of right
Origin

Extent of enjoyment

Cause

Repairs and taxes

Usufruct
Real
Owner of agent
May be by law, by
contract, by will of testator,
or by prescription
All the fruits and all the
uses and benefits of the
entire property (generally)
More or less passive
owner who allows the
usufructuary to enjoy the
object
Usufructuary to pay

Easement
Real right, whether registered or not, and
whether it is real or personal
Imposed only on real property
Limited right to the use of real property of
another but without the right of
possession (without any exclusive
possession or occupation)
Easement
Imposed only on real property
Limited to a particular or specific use of
the servient estate
Non-possessory right over an immovable
Not extinguished by the death of the
dominant owner
Party Wall
The shares of the co-owners cannot be
physically segregated but they can be
physically identified.

No such limitation

Lease
Personal
May not be the owner
By contract

Certain uses only (those

stipulated)

Any owner may free himself from

contributing to the cost of repairs and
construction of a party wall by renouncing
all his rights thereto.

Active owner or lessor

who makes the lessee
enjoy

Distinguish nuisance from negligence

Lessee not generally

under the obligation to pay
taxes or undertake repairs

Basis of breach
of duty
Violation of

Lease
Real right only when it is registered, or
when its subject is real property and the
duration exceeds one year
May involve real or personal property
Limited right to both the possession and
use of anothers property (exclusive
possession)

Usufruct
May involve real or personal property
Includes all the uses and fruits of the
property
Right of possession in an immovable or
movable
As a rule, extinguished by the death of
the usufructuary
Co-ownership
Shares of the co-owners can be divided
or separated physically. Before such
division, a co-owner cannot point to any
definite portion of the property as
belonging to him.
None of the co-owners may use the
community property for his exclusive
benefit

Partial renunciation is allowed

In terms of
proof

In terms of
action

Nuisance
Regardless of the degree
of care or skill
An absolute duty, the doing
of an act which is wrongful
in itself

Nuisance per se
The thing becomes a nuisance
as a matter of law
Its existence need only be
proved in any locatlity, without
showing specific damages,
and the right to relief is
established by averment and
proof of the mere act.
May be summarily abated
under the undefined law of
necessity

Negligence
Want of care
A relative duty, the failure to use the
degree of care required under
particular circumstances in
connection with an act or omission
which is not of itself wrongful
Nuisance per accidens
Depends upon its location and
surroundings, the manner of its
conduct or other circumstances.
Proof of the act and its
consequences is necessary.
It must be shown by evidence to
be a nuisance under the law.
Even the municipal authorities,
under their power to declare and
abate nuisances, would not have
the right to compel the abatement
of a particular thing or act as a
nuisance without reasonable
notice to the person alleged to be
maintaining or doing the same at
the time and place of hearing
before a tribunal whether such a
thing constitutes a nuisance

2
Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!

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Ad Majorem Dei Gloriam

PROPERTY NOTES

Mode
Directly and immediately produces a real
right
The cause
Proximate cause
Essence of the right which is to be
created or transmitted

Title
Serves merely to give the occasion for its
acquisition or existence
The means
Remote cause
The means whereby that essence is
transmitted

Occupation
Mode of acquiring ownership

Possession
Merely raises the presumption of
ownership when it is exercised in the
concept of owner
Any property
May refer to property owned by
somebody
Concept of mere holder
May exist without occupation

Corporeal personal property

Requires that the object be without an
owner
Requires an intent to acquire ownership
May not take place without some form of
possession
Short duration
By itself, cannot lead to another mode of
acquisition

Valid if the donor survives the donee

Must follow formalities of donations
Accepted by the donee during his lifetime
Cannot be revoked except for grounds
provided by law (See 760, 765)

Mortis causa
Takes effect upon the death of the donor
testator, so that nothing is conveyed to or
acquired by the donee until said death
Made in contemplation of his death
without the intention to lose the thing or
its free disposal in case of survival
Void should the donor survive the donee
Must follow formalities for the validity of a
will, otherwise void
Accepted only after the donors death
Always revocable at any time and for any
reason before the donors death
(revocable ad nutum at the discretion of

the grantor)
Right is retained by the donor while he is
still alive
Subject to estate tax

Rules on revocation CHARTED!

REVOCATION,
based on
Time of action

Generally of longer duration

May lead to another mode, which is
prescription

DONATION

Inter vivos
Takes effect during the lifetime of the
donor, independently of his death, even if
the actual execution may be deferred
until said death
Made out of the donors pure generosity

Right to dispose of the property is

completely conveyed to the donee
Subject to donors tax

Transmissibility of
action

Effect of revocation

Liability for fruits

Birth, appearance,
or adoption of a
child
Within 4 years
from birth of first
child, or
From his
legitimation, or
Adoption, or
From the judicial
declaration of
filiation, or
From receipt or
info regarding the
existence of the
child believed
dead
Transmitted to
children and
descendants of the
donor upon his
death

Non-compliance
with condition or
conditions
Within 4 years
from noncompliance with
the condition

Property affected
shall be returned,
or its value if the
donee has sold the
same, or
The donor may
redeem the
mortgage on the
property, with a
right to recover the
property
Donee shall return
the fruits accruing

Property donated
shall be returned
to the donor and
the alienations and
mortgages are
void subject to the
rights of innocent
3rd persons

Ingratitude

Within 1 year from

the time the donor
had knowledge of
the fact of the
ingratitude

But if its an
onerous donation,
within 10 years
from noncompliance with
the condition

May be
transmitted to the
donors heirs and
may be exercised
against the
donees heirs

Donee shall return

the fruits which he

Generally, the
action is not
transmitted to the
heirs of the donor
nor can the action
be filed against the
heirs of the donee
Property donated
shall be returned
but alienations and
mortgage effected
before the notation
of the complaint
for revocation in
the Registry of
Property shall
subsist
Same as in first
column

3
Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!

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Ad Majorem Dei Gloriam

PROPERTY NOTES

from the filing of

the complaint

may have received

after having failed
to fulfill the
condition

only upon his

death with
regard to the
excess
Liability for
fruits

Rules on reduction CHARTED!

REDUCTION,
based on

Time of action

Failure of the
donor to
reserve
sufficient
means for
support
Any time by
the donor or
by the
relatives
entitled to
support during
the lifetime of
the donor

Transmissibility
of action

Not
transmissible
as the duty to
give support
and the right
to receive are
personal in
nature

Effect of
revocation

Reduced to
the extent
necessary to
provide
support

Inofficiousness
for being in
excess of what
the donor can
give by will

Birth,
appearance,
or adoption of
a child

Fraud against
creditors

Within 10 years
(Santos v
Alana case,
based on 1144)

Same as in
first column

The action for

rescission
must be
brought
within 4 years
from the
perfection of
the donation,
or at the
latest, from
the time the
creditor had
knowledge of
the donation
Transmitted
to the
creditors
heirs or
successorsin-interest

Within 5 years
after the death
of the donor (if
propter nuptias,
according to
book)

Transmitted to
the donors
heirs as the
donation shall
be reduced as
regards the
excess at time
of the donors
death
Takes effect
during the
lifetime of the
donor subject
to reduction

Same as in
first column

Same as in
first column

Donee is
entitled to the
fruits as
owner of the
property
donated

Donee
appropriates
the fruits as
owner of the
property

Donee, as
owner,
appropriates
the fruits of
the property
not affected
by the
reduction, but
with regard to
the excess,
he shall be
liable only for
the fruits from
the filing of
the complaint

of the creditor
subject to the
rights of
innocent third
persons
Fruits of the
property
affected shall
also be
returned. In
case the
donee acted
in bad faith
and it should
be impossible
for him to
return, then
indemnify the
donors
creditor for
damages.

Property
affected shall
be returned
by the donee
for the benefit

4
Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!