Beruflich Dokumente
Kultur Dokumente
[PART I]
BY:
Atty. RAYMOND B. BATU
REB PRC License number 0018084
PROPERTY 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 law.
NOTES:
It is not absolute there are restrictions imposed by the state or private persons
without prejudice to the provisions of the law.
PRINCIPLE OF RES NULLIUS:
NOTES:
Res Nullius is a Latin term that means without owner.
Examples: fish in the ocean, wild animals.
However, everything must have an owner and if there are no private claimants or
owners, then that particular property is presumed to be owned by the State.
Regalian Doctrine - All lands of the public domain belong to the State, which the source
of any is asserted right to ownership of land. All lands not otherwise appearing to be
clearly within private ownership are presumed to belong to the State.
Thus, when a person dies without any heir, then the State succeeds to the estate of the
deceased [escheat].
PRINCIPLE OF RES COMMUNES:
Things that are owned by everybody
PRINCIPLE OF RES ALICUJUS:
Object, tangible or intangible, which are owned privately, either in collective or
individual capacity
NOTES:
Intangible shares of stock
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approval of the Secretary of Agriculture and Commerce, which approval shall not
be denied except on constitutional and legal grounds."
b. Free Patent is a mode of acquiring public alienable and disposable lands
Section 118. Except in favor of the Government or any of its branches, units, or
institutions, lands acquired under free patent or homestead provisions shall not
be subject to encumbrance or alienation from the date of the approval of the
application and for a term of five years from and after the date of issuance of the
patent or grant, nor shall they become liable to the satisfaction of any debt
contracted prior to the expiration of said period, but the improvements or crops
on the land may be mortgaged or pledged to qualified persons, associations, or
corporations.
No alienation, transfer, or conveyance of any homestead after five years and
before twenty-five years after issuance of title shall be valid without the
approval of the Secretary of Agriculture and Commerce, which approval shall not
be denied except on constitutional and legal grounds.
c. Miscellaneous Sales Application is an act permitting sale without public
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5. Jus Vindicandi (The Right to Recover): However, the owner must use judicial
process, if the property comes into the unlawful possession of another. He
should not take the law into his own hand.
- Replevin - Recovery of personal property
- Forcible entry A person in possession was deprived by FISTS 1 year
dispossession
- Unlawful detainer
- Accion Publiciana recover better right of possession
- Accion Reinvindicatoria recovery of ownership
6. Jus Possidendi (The Right to Possess): It means the right to hold a thing or to
enjoy a right.
NOTES:
If you buy a real property and there is someone renting the house. Can you ask the
renter to leave? Yes, generally
Except:
- If lease contract is unexpired and lease duly recorded at the ROD
- Or you know the existence and duration of the lease when you bought
the property
Exception to the exception: Rent Control Act RA 9653 section 10:
SEC. 10. Prohibition Against Ejectment by Reason of Sale or Mortgage. No lessor or
his successor-in-interest shall be entitled to eject the lessee upon the ground that
the leased premises have been sold or mortgaged to a third person regardless of
whether the lease or mortgage is registered or not.
Applies to Residential unit and shall refer to an apartment, house and/or land on
which anothers dwelling is located and used for residential purposes and shall
include not only buildings, part or units thereof used solely as dwelling places,
boarding houses, dormitories, rooms and bed spaces offered for rent by their
owners, except motels, motel rooms, hotels, hotel rooms, but also those used for
home industries, retail stores or other business purposes if the owner thereof and
his or her family actually live therein and use it principally for dwelling purposes.
To summarize, if you are the owner of a house and lot, you can:
a.
b.
c.
d.
e.
f.
Live in it
Use it
Receive rentals from a tenant in case you lease it
Destroy it
Sell or mortgage or donate it
Recover it from anyone who has deprived me of its rightful possession
STEWARDSHIP PRINCIPLE