RIGHTS OF AN OWNER (a) Jus possidendi to possess (b) Jus fruendi to enjoy the fruits (c) Jus utendi to use. (d) Jus abutendi to abuse. (e) Jus disponendi to dispose. (f) Jus vindicandi to recover or to pursue.
DOCTRINE OF SELF-HELP
DOCTRINE OF INCOMPLETE PRIVILEGE
LIMITATIONS TO ONES OWNERSHIP:
1.Eminent Domain 2.Police Power 3.Taxation Power
G. EMINENT DOMAIN ABATEMENT OF NUISANCE
H. NECESSARY EXPENSES USEFUL EXPENSES ORNA-MENTAL/LUXURY EXPENSE:
II. HIDDEN TREASURE
III. ACCESSION
- ACCESSION ACCESSORY
KINDS OF ACCESSION:
1. Accession Discreta by internal forces (fruits)
2. Accession Continua - by external forces (building, alluvium, etc.)
2.a) With respect to real property
(i) Accession industrial by the work of man.
Ex.: building, planting, sowing.
(ii) Accession natural - by the forces of nature.
Ex. Alluvium, avulsion.
GOVT. OF P.I. VS. CABANGIS, 53 Phil. 112
2.b) With respect to personal property
(i) Conjunction or adjunction (ii) Conmixtion (iii) Specification.
IV. QUIETING OF TITLE
V. CO-OWNERSHIP
2 CO-OWNERSHIP PARTNERSHIP:
LOPEZ VS. ILUSTRE, 5 Phil. 568
Note: Read the Condominium Act or R.A No. 4726, approved on June 19, 1966.
VI. POSSESSION
OBJECTS OF POSSESSION: Only things and rights susceptible of appropriation (Art. 530). Excluded are res communes, property of public dominion, discontinuous servitudes, and non-apparent servitudes.
WAYS OF ACQUIRING POSSESSION:
CLANDESTINE POSSESSION
RIGHT OF POSSESSION RIGHT TO POSSESSION
JUS POSSESSIONIS
JUS POSSIDENDI
POSSESSION WITH A JURIDICAL TITLE POSSESSION WITH A JUST TITLE
POSSESSION WITH A JURIDICAL
POSSESSION WITH A JUST TITLE
WHO IS PREFERRED IN CASE OF DISPUTE OVER RIGHT OF POSSESSION:
DIFFERENT KINDS OF ACTION TO RECOVER POSSESSION OF REAL PROPERTY:
1. Summary (Accion interdictal) Forcible entry or unlawful detainer. 2. Accion publiciana based on superior right of plaintiff to possession. 3. Accion reivindicatoria based on ownership. 4. Injunction, against continuation of trespass.
SPS. NUGUID VS. COURT OF APPEALS, G.R. NO. 151815, Feb. 23, 2005
SAMPAYAN VS. COURT OF APPEALS, ET AL., G.R. No. 156360, Jan. 14, 2005
JIMENEZ VS. PATRICIA INC., G.R. NO. 134651, Sept,. 18, 2000
VII. USUFRUCT
USUFRUCT LEASE COMMODATUM.
VIII. EASEMENT-
EASEMENT LEASE-
MODES OF ACQUIRING EASEMENT
RONQUILLO VS. ROCO, L-10619, Feb. 28, 1958
REMMAN ENTERPRISES, INC. VS. COURT OF APPEALS, G.R. NO. 125018, April 6, 2000
SPS. DELA CRUZ VS. RAMISCAL, G.R. NO. 137882, Feb. 4, 2005
IX. NUISANCE Art. 694 An act, omission, establishment, business, condition of property, or anything else
INHERITANCE subject matte of the succession, i.e., property, rights and obligations.
WILL an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate to take effect after his death.
TEST OF AVAILABLE SENSES if the testator is blind, the witnesses must act within the range of his other senses.
CODICIL a supplement or addition to a will SUPPLEMENTAL PLEADING.
INCORPORATION BY REFERENCE incorporation of an intrinsic document or paper into a will so as to become a part thereof.
DOCTRINE OF DEPENDENT RELATIVE REVOCATION a revocation subject to a condition does not revoke the will unless and until the condition occurs.
DOCTRINE OF PRESUMED REVOCATION if will is duly executed and kept under the control of the testator but it cannot be found after his death, it is presumed that it has been revoked by an overt act (RODELA VS. ARANZA, 119 SCRA 16).
REVIVAL re-establishment of previous will by operation of law. Restoration to validity by operation of law of a will previously revoked.
REPUBLICATION act of testator where he reproduces in a subsequent will the dispositions contained in a previous will which is void as to form, or he executes a codicil to his will.
SABINIAN DOCTRINE impossible, immoral, illegal conditions are considered not imposed. Thus, effect is pure institution.
DISPOSICION CAPTATORIA condition that heir makes a will in favor of another or the testator is void.
PRETERITION total omission of compulsory heirs in direct line, institution of heirs is annulled but legacies and devisees shall be valid in so far as they are not inofficious.
Escuin vs. Escuin, 11 Phil. 332 omission of an acknowledged natural child gives rise to preterition.
4 IMPROPER/DEFECTIVE DISINHERITANCE preterition annuls institution of heirs but defective disinheritance shall annul institution only in so far as it may prejudice the person disinherited. Without specification of the cause, institution is not void but only in so far as legitime is affected.
REPRESENTATION right created by fiction of law by virtue of which the representative is raised to the place and the degree of the person represented and acquires the rights which the latter would have if he were living or could have inherited. (a) Legitime in the direct descending line only (art. 972). (b) Intestacy in the direct descending line (art. 972); in one instance in the collateral; i.e., nephews and nieces representing brothers and sisters of the deceased (art. 975).
NOTE: If child to be represented is a LEGITIMATE CHILD only legitimate children/descendants can represent him (art. 992). If the child to be represented is an ILLEGITIMATE CHILD, BOTH legitimate and illegitimate children/descendants can represent him (arts. 902, 989, 990). An ADOPTED can neither represent nor be represented.
APPLICABLE TO LEGITIME DIRECT DESCENDING LINE. APPLICABLE IN INTESTACY EXCEPT IN CASE OF BROTHERS AND SISTERS (COLLATERAL).
REPRESENTATION SHALL TAKE PLACE IN CASE OF:
1.) Incapacity 2.) Death 3.) Disinheritance CODE: IDD
NOTE: Renunciation (Art. 976) Repudiation (Art. 977). In RENUNCIATION there can be representation of children of heirs who predeceased deceased. In REPUDIATION, no representation, heir himself renounces.
NOTE: If child to be represented is a LEGITIMATE CHILD only legitimate children/descendants can represent him (art. 992). If the child to be represented is an ILLEGITIMATE CHILD, BOTH legitimate and illegitimate children/descendants can represent him (arts. 902, 989, 990). An ADOPTED can neither represent nor be represented.
SUBSTITUTION OF HEIRS appointment of another heir so that he may enter into the inheritance in default of heir originally instituted. IMPOSABLE ONLY ON THE FREE PORTION. Not applicable to legitime. Applicable to instituted heirs.
SUBSTITUTION SHALL TAKE PLACE IN CASE OF:
1.) Renunciation or repudiation 2.) Incapacity 3.) Predeceased
CODE: RIP
ACCRETION when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces, or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, co-legatees. APPLIES TO FREE PORTION, TESTATE AND INTESTATE
- the heirs involved must be in the same kind of relationship.
NOTE: Applicable only to FREE PORTION. No accretion to legitime.
ACCRETION SHALL TAKE PLACE IN CASE:
A.) TESTAMENTARY (1) Repudiation (2) Incapacity (3) Predeceased
NOTE: In incapacity and predeceased, representation to the legitime takes precedence over accretion.
B.) LEGAL SUCCESSION (1) Repudiation
(2) Incapacity
FIDEICOMMISSARY SUBSTITUTION fiduciary or FIRST HEIR has obligation to preserve and transmit to a SECOND HEIR or fideicommissary the whole or part of the inheritance provided that substitution does not go beyond one degree from first heir and both heirs are living at the time of death of the testator. First Heir is a usufructuary.
RESERVA TROCAL- ART. 891
PERSONS INVOLVED: 1. Origin ascendant, brother or sister (half blood of propositus) 2. Propositus descendant who acquired the property from the Origin by lucrative or gratuitous title, i.e., by donation or succession. 3. Reservista ascendant to whom by operation of law, i.e., by legitime (not free portion) or intestste succession is transferred. 4. Reservatario belongs to the line from which the the property originally came, i.e., related by blood to the propositus, ascendant, brother or sister. Must be within the 3rd degree from the propositus.
5 HEIR one who succeeds a whole or aliquot part of inheritance.
LEGATEE one who succeeds to a definite specific personal property. Free portion.
DEVISEE one who succeeds to a definite specific real property. Free portion.
VOLUNTARY HEIR no representation. (art. 856). If shares are not designated, equal shares (art. 846). Taken from free portion.
NOTE: Legatee and devisee exist only in testamentary succession.
COMPULSORY HEIRS: primary, secondary.
1. Legitimate children and descendants w/ respect to their legitimate parents and ascendants; 2. In default of the foregoing, legitimate parents and ascendants with respect to their legitimate children and descendants; 3. The widow or widower; 4. Acknowledged natural children, and natural children by legal fiction; 5. Other illegitimate children (art. 287).
LEGITIME a part of the testators property which he cannot dispose of because the law has reserved it to his compulsory heirs.
EXECUTOR testate succession. Appointed by testator.
ADMINISTRATOR intestate. Appointed by court.
KINDS OF SUCCESSION: 1. Testate- designation of an heir made in a will executed in the form prescribed by law (art. 779). Preferred to intestate succession. 2. Intestate takes effect by operation of law. Person dies without a will. 3. Mixed partly by will and partly by operation of law.
TESTATE SUCCESSION
WHO CAN MAKE A WILL?
1. A natural person. 2. Not expressly prohibited by law. 3. Must be 18 yrs. Or over. 4. Must be of sound mind. Has knowledge of the nature of the estate, proper objects and has testamentary act.
NOTE: Deaf/Deaf-mute art. 807 personally read it or designate 2 persons to read it. Blind read the will twice (2x): by a notary public and a witness.
KINDS OF WILL: 1. Notarial/Ordinary 2. Holographic
REQUISITES OF A VALID NOTARIAL WILL:
1. In writing. 2. In a language /dialect known to the testator. 3. Subscribed at the end thereof by the testator himself or by another person in testators presence and express direction. 4. Attested and subscribed by three (3) or more credible witnesses in the presence of testator and of one another. 5. Signed by the testator or person requested by him to sign and the instrumental witnesses on each and every page thereof except last page, left margin. 6. All pages numbered correlatively in letters placed on the upper part of each page. 7. An attestation clause that states: number of pages; testator signed will and all pages and signed in presence of 3 witnesses; and witnesses signed all pages in presence of testator and each other. 8. Acknowledged before a notary public by the testator and witnesses.
QUALIFICATIONS OF WITNESSES: 1. At least 18 yrs. 2. Of sound mind. 3. Able to read and write. 4. Not blind, deaf or dumb. 5. Not convicted of falsification of document, perjury, false testimony. 6. Domiciled in the Philippines.
PROBATE OF WILL civil proceedings to establish the validity of a will.
6 INTESTATE SUCCESSION BASIC RULES: 1. Rule of Preference of Lines follows the order of preference among the lines: descending excludes ascending and collateral; ascending excludes collateral. 2. Rule of Proximity nearer excludes the more remote, without prejudice to representation. 3. Rule of equality among relatives of the same degree nearer excludes the more remote, those of equal degree should inherit in equal shares (art. 962, par. 2). Exceptions: (a) Rule of preference of lines; (b) distinction between legitimate and illegitimate filiation (ratio is 2:1; art. 983, in relation to art. 895 as amended by art. 176, Family Code). Rule of division by line in ascending line (art. 987, par. 2) (d) Distinction between full and half blood among collateral relatives. (e) Representation. COMBINATIONS IN INTESTATE SUCCESSION (ART. 978) LEGITIMATE ILLEGITIMATE SURVIVING LEGITIMATE ILLEGITIMATE LEGITIMATE ILLEGIT OTHER CHILDREN CHILDREN SPOUSE PARENTS PARENTS BROS./SIS. BROS./SIS COLLATERAL RELATIVES ESTATE DIVIDE = X X X X X X X OF LEGITMATE X X X X X X
X = 1 LEGIT. X X X X X CHILD 50% SHARE = 1 LEGIT. X X X X X 1 LEGIT CHILD CHILD X X X ESTATE X X X X DIVIDE = X ESTATE X ESTATE X X X X X X ESTATE ESTATE X X X X X ESTATE ESTATE ESTATE X X X X X ESTATE DIVIDE X X X X X X = X ESTATE ESTATE X X X X X X X WHOLE X X X X X ESTATE X X ESTATE X ESTATE X X X X X ESTATE X X ESTATE X X X X ESTATE X X X ESTATE X
X X X X WHOLE X X X ESTATE X X X X X X X WHOLE ESTATE, PER CAPITA
QUERY: Is an adopted child entitled to a legitime from his biological parents or ascendants?
ANSWER: Under Art. 189 (3), Family Code, the adopted shall remain an intestate heir of his parents and other blood relatives. Under Sec. 16 of RA 8552, Sec. 16. Parental Authority. Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopters.
In the opinion of Prof. Balane, sec. 16, R.A. 8552, is silent on the right of adopted to succeed from biological parents for it simply refers to parental authority. In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. NO. 148311, March 31, 2005, the Supreme Court, in an obiter stated that under Art. 189 (35), Family Code and Sec. 18, RA 8552, the adoptee remains an intestate heir of his biological parents.
COLLATION: 1. As computation simple accounting or arithmetical process whereby the value of all donations inter vivos made by the decedent is added to his available assets in order to arrive at the value of the net hereditary estate (art. 908). 2. As imputation process by which donations inter vivos made by the decedent are correspondingly charged either to the donees legitime or against the disposable portion (arts. 909 and 910).. 3. As return this takes place when a donation inter vivos is found to be inofficious and so much of its value as is inofficious is returned to the decedents estate to satisfy the legitimes (arts. 909 and 910)
