RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY

Q. What are the Three types of Accession with respect to Movable Property?
1.) Adjunction
2.) Mixture (commixtion or confusion)
3.) Specification
Art. 466. Whenever two movable things belonging to different owners are, without bad
faith, united in such a way that they form a single object, the owner of the principal thing
acquires the accessory, indemnifying the former owner thereof for its value.
Q. What is adjunction or conjunction?
A. ADJUNCTION or CONJUNCTION is the process in which two movable things
belonging to different owners are united in such way that they form a single object.
Q. What are the different Kinds of Adjunction, or what ways may adjunction take place?
A.
a.) Inclusion or ingraftment (example: diamond set on a gold ring)
b.) Attachment or Soldering (joining legs made of lead to a body made of lead or iron)
c.) Writing (poems, novel or stories written by author)
d.) Painting (painting of landscape or portraits, etc. by artist)
e.) Weaving (organic or synthetic materials woven into clothing fabric, or baskets,
containers)
Q. Who has the right to own the single object formed as a result of adjunction?
A. The owner of the principal thing acquires the accessory, indemnifying the former owner
thereof for its value.

Art. 467. The principal thing as between two things incorporated, is deemed to be that to
which the other has been united as an ornament, or for its use or perfection.

Art. 468. If it cannot be determined by the rule given in the preceding article which of the
two things incorporated is the principal one, the thing of the greater value shall be so
considered, and as between two things of equal value, that of the greater volume.
In painting and sculpture, writings, printed matter, engraving and lithographs, the board,
metal, stone, canvas, paper or parchment shall be deemed the accessory thing.
Q. What are the TESTS to determine which is the PRINCIPAL and which is the
ACCESSORY?
The PRINCIPAL is :
a.)That to which the other has been united as an ornament (Test of Intention),
or for its use, or perfection (Art. 467).
b.)That of greater value (Art. 468)
c.) That of greater volume (Art. 468)
d.)That which has greater merits (from combined consideration of utility & volume)
Example: Motor vehicle principal is engine, other parts are accessories

Note: Special Rule in Art. 468, 2nd par.

In painting, sculpture, writings, printed matter, engraving and lithographs, the board, metal,
stone, canvas, paper or parchment are deemed as the accessories.

What has been painted, sculpted, written or printed, is deemed of greater importance
and value.

Art. 469. Whenever the things united can be separated without injury, their respective
owners may demand their separation.
Nevertheless, in case the thing united for use, embellishment or perfection of the other,
is much more precious than the principal thing, the owner of the former may demand its
separation, even though the thing to which it has been incorporated may suffer some
injury.
Q. In ADJUNCTION under Art. 469, can the respective owners demand the separation of
things united?
o

1st par. of Art. 469, applies to adjunction such as soldering and inclusion. Owners may
demand separation IF it can be made without substantial injury to the things united.

2nd par. allows separation even if injury is caused to the thing to which it is
attached/incorporated, in case the accessory is more precious than the principal.

Example: Diamond ring as ornament to a silver ring. Owner of the more

precious diamond can ask for separation even if injury will result to the ring.
Expenses must be borne by the person who caused the union, considering that
both parties are in good faith.

Art. 470. Whenever the owner of the accessory thing has made the incorporation in
bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify
the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the owner of
the accessory thing shall have a right to choose between the former paying him its value
of that the thing belonging to him be separated, even though, for this purpose it be
necessary to destroy the principal thing; and in both cases, furthermore, there shall be
indemnity for damages.
If either one of the owners has made the incorporation with the knowledge and
without the objection of the other, their respective rights shall be determined as though
both acted in good faith.

Q. What are the RULES in case of BAD FAITH in the ADJUNCTION?

a.) 1st paragraph: If it is the OWNER OF THE ACCESSORY thing in adjunction who made the
incorporation in bad faith, he will lose all rights to the thing incorporated plus indemnify the
owner of the principal thing for the damages he may have suffered.
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b.) 2nd par: If it is the OWNER OF THE PRINCIPAL thing who is IN BAD FAITH:
i.
ii.

He is liable to pay value of the accessory plus damages; or,

The owner of the accessory in good faith may elect to have the thing removed even if
it destroys the principal thing.

c.) 3rd par: EFFECT of BAD FAITH of BOTH PARTIES both are deemed in Good Faith.
o Apply Art. 469 rule in Adjunction - Respective owners may demand separation, if the
things united can be separated without injury.
o

However, in case the thing united for use, embellishment or perfection of the other, is
much more precious than the principal thing, the owner of the former may demand its
separation, even though the thing to which it has been incorporated may suffer some
injury.

Art. 471. Whenever the owner of the material employed without his consent has a right to
an indemnity, he may demand that this consist in the delivery of a thing equal in kind
and value, and in all other respects, to that employed, or else in the price thereof,
according to expert appraisal.
Q. What is the rule whenever the owner of the material employed without his consent has a
right to an indemnity?
A. Art. 471 provides HOW INDEMNITY is to be PAID
a.) Deliver a thing Equal in Kind and Value (quantity, quality), OR
b.) Pay the price of material per expert appraisal;
c.) Plus - Sentimental Value to material owner, if applicable (Art. 475)

Art. 472. If by the will of their owners two things of the same or different kinds are
mixed, or if the mixture occurs by chance, and in the latter case the things are not
separable without injury, each owner shall acquire a right proportional to the part
belonging to him, bearing in mind the value of the things mixed or confused.

Art. 473. If by the will of only one owner, but in good faith, two things of the same or
different kinds are mixed or confused, the rights of the owners shall be determined by
the provisions of the preceding articles.
If the one who caused the mixture or confusion acted in bad faith, he shall lose the
things belonging to him thus mixed or confused, besides being obliged to pay indemnity
for the damages caused to the owner of the other thing with which his own was mixed.
Q. What is COMMIXTION or CONFUSION?
A. It refers to the mixture of things, either solid or liquid, pertaining to different owners.
Arts. 472 and 473 deal with Mixture wherein the respective identities of the component
elements are lost in the union or combination of the materials.
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Q. What are the TWO KINDS OF MIXTURE?

1. COMMIXTION
(solids mixed silica, soda, lime, sulfur powders heated to
make Glass)
2. CONFUSION (liquids mixed yellow and blue paints mixed resulting to a
Green paint)
Q. When does commixtion or confusion take place?
A. Two things of the same or different kinds are mixed
i. By will of their owners, or
ii. By chance,
Q. What are the RULES or LEGAL EFFECTS in case of MIXTURE or CONFUSION?
Answer:
a.) If the mixture is caused by one owner in Good Faith, or by the will of both owners, or by
chance, or by a common agent, then CO-OWNERSHIP results. Each owner has a right
proportional to the value of his material.
b.) If the mixture is made by one owner in Bad Faith, then
i. Owner in bad faith loses his material in favor of the other
ii. Owner in bad faith is also liable for damages (reason: to penalize bad faith)
c.) If mixture is made by common consent, the stipulation of parties controls.
d.) If parts mixed are of the same kind, quantity and quality, then mixture will be divided in
equal parts or proportionally.
e.) If mixture was caused by negligence of one of the parties, one who is negligent is liable
(culpa aquiliana) and should pay damages (Art. 2176). Good faith does not
necessarily exclude negligence (Art. 456).

Art. 474. One who in good faith employs the material of another in whole or in part in
order to make a thing of a different kind, shall appropriate the thing thus transformed as
his own, indemnifying the owner of the material for its value.
If the material is more precious than the transformed thing or is of more value, its
owner may, at his option, appropriate the new thing to himself, after first paying
indemnity for the value of the work, or demand indemnity for the material.
If in the making of the thing bad faith intervened, the owner of the material shall
have the right to appropriate the work to himself without paying anything to the maker,
or to demand of the latter that he indemnify him for the value of the material and the
damages he may have suffered. However, the owner of the material cannot appropriate
the work in case the value of the latter, for artistic or scientific reasons, is considerably
more than that of the material.
This article is about SPECIFICATION. The rule of accessory follows the principal applies here
with LABOR as the PRINCIPAL.
Q. What is Specification?

A. SPECIFICATION is defined as the giving of a new form to another material thru the
application of labor. The material undergoes a transformation or change of identity or nature.
Examples:
a.) Baking cake with flour of another
b.) Using paint of another to create a painting on ones own canvas
(NOTE: If painter uses his own paint but on the canvas of another, this is
adjunction.
Reason: Canvas is deemed as accessory in Art. 468 on adjunction)
c.) Making a suit using fabric of another.
Nota Bene - Art. 474:

Gen. Rule: the WORKER or Maker, is entitled to appropriate the finished product and
NOT the owner of material.
Example: Sculpture is created by the national artist Abueva using scraps of iron
and glass materials in the junkyard of Andoy. The sculptor Abueva will own the
finished sculpture, not the material owner Andoy. But Abueva must pay Andoy
for the value of materials.

Exception: It is only when the material is more precious or more valuable than the
transformed thing, that the owner of the material is given the preference or choice.
Q. What are the RULES TO FOLLOW IN SPECIFICATION [Art. 474], whereby one
employs the material of another in whole or in part in order to make a thing of a different
kind?
1.) If the Worker (principal) is in Good Faith
a. He can appropriate the new thing as his own
b. But he must indemnify the owner of the material for its value
Exception :
If the material (accessory) is more precious or more valuable, than the new thing,
the owner of the material has the option
a.) To get the new thing but he pays for the work, OR;
b.) To demand indemnity for his more precious/valuable material
2.) If the Worker is in Bad Faith, the Owner of the Material has the ff. option:
a.) He can appropriate the work without paying for the labor;
b.) Or - he can demand indemnity for his materials plus Damages
Exception: No option to appropriate if the value of the resulting work is more valuable for
artistic or scientific reasons.
Note: Distinguish Specification from Mixture and Adjunction. (p. 294 of Paras, CC.)

Art. 475. In the preceding articles, sentimental value shall be duly appreciated.