PROPERTY MT MEMORY AID CHAPTER 2: MOVABLE PROPERTY TITLE 2: OWNERSHIP

CHAPTER 1: OWNERSHIP IN GENERAL

PRELIMINARY PROVISIONS Movable Property: (ALS-TMS)
Requisites of Property (USA) - Susceptible of appropriation The seven jus-es: (PUF-A-CAR)
- Utility - Provision of Law - Possess
- Substantivity - Brought under control by science - Use
- Appropriability - Can be transported from place to - Fruits
Classification: movables and immovables place - Accessories
(PCP-DCP) - Have for their object movables - Consume
- International Law - Shares of stock - Alienate
- Criminal Law Three kinds of public dominion property - Recover
- Procedural Law (PPD) Actions to recover property (Jack the
- Donations - Public use RIPR)
- Contracts - Public service - Reivindicatoria (ownership)
- Prescription - Development of national wealth - Interdictal (possession-real de
Immovable Property: (AIF-OMA-FMD-C) Properties intended for public use facto)
- Adhered to soil (PAS-DCF-S) - Publiciana (better possession-real
- Integral part of immovable - Public streams, river beds de jure)
- Fixed manner - Accretions - Replevin (ownership-personal)
- Ornament - Submerged lands Forcible Entry (DF-1M)
- Machinery, receptacles, - Lands that disappeared to sea - Deprived of possession (who
instruments, implements - Canals instituted?)
- Animal houses, pigeon-houses, - Foreshore lands - FISTS as cause for deprivation
breeding places - Stairways for public use - 1 year after actual
- Fertilizers actually used What constitutes a positive act declaring entry/knowledge
- Mines, quarries, slag dumps land as alienable? (PAIL) - MTC where property is located
- Docks and structures - Presidential proclamations Unlawful Detainer (RPB-X1)
- Contracts for public works - Administrative action - Right over property
- Investigative reports - Prior lawful possession
- Legislative act/statute - Became unlawful
- Extrajudicial demand
- 1 year from last demand to vacate
 Accion Publiciana (10-PR) Action to recover (PBR) TITLE 3: CO-OWNERSHIP
- Prescriptive period: 10 years - Prove ownership and identity of
- Prove not only right, but also property Requisites for Co-ownership (PUI)
identity of property claimed - Burden of proof: one who asserts - Plurality of owners
- RTC where property is located - Reliance on strength of evidence - Undivided thing/right
Accion Reivindicatoria (R&R) Evidence to prove ownership (TPD-BOE-P) - Ideal share
- Right of plaintiff over property - Torrens title What laws will govern? (CLT)
- RTC where property is located - Patent duly registered - Contracts
Injunction (RA) - Deed of Sale - Legal provisions
- Right to be protected - Business for 9 years in defendants - This Title (good as law but meh)
- Acts which injunction to be name Sources of Co-ownership (CLS-TFO)
directed is violative of said right - Occupation without rent - Contract
Limitations on the Right of Ownership - Estoppel by letter - Law
(TLD-GCA) - Possession (open, continuous, ex, - Succession
- Tax power of State adverse, notorious) - Testamentary disposition
- Law Eminent Domain (APJD) (donation inter vivos)
- Prohibitions by Donor - Authority of taking - Fortuitous event
- Prohibitions by Grantor - Public use - Occupancy
- Conflicts of Private rights - Just compensation Limitation on Right to Use (PIP)
- Prohibition on Aliens - Due process - For purpose intended
Principle of Self-Help (LRT-A) Police Power: when justified (HSS) - Not injure interest of co-
- Defending must be Lawful - Health ownership
possessor - Safety - Not prohibit co-owners from using
- Reasonable force - Security it
- Time of actual or threatened Surface rights of landowner: subject to Liability of Co-owner for alterations in
dispossession (no delay) (LOXAT) bad faith (LOL)
- Actual threatened - Laws - Loses what he has spent
invasion/usurpation - Ordinances - Obliged to demolish
Interference in ownership of another; - Existing easements improvements
when justified (NP) - Aerial navigation law - Liable for losses and damages
- Necessary to avert - Third persons rights
- Proportional: danger much greater
Rights of each Co-owner (PFAS)
- Part (undivided interest), full
ownership
- Fruits and benefits, full ownership
- May alienate
- May substitute another person to
enjoyment, except when personal
rights involved
Termination of Co-ownership (CDP-PTS)
- Consolidation or merger
- Destruction of loss of property
- Prescription (acquisitive) of third
person/co-owner who repudiates
- Partition, judicial or extrajudicial
- Sale and distribution of proceeds
Exceptions to right to demand partition
(AD-LUX)
- Agreement to keep thing
undivided (not exceeding 10 yrs)
- Donor/Testator prohibits
- Law prohibits
- Unserviceable if partitioned
- Exclusive ownership of another
co-owner
Requisites for Repudiation for
Prescription to run (UKEP)
- Unequivocal acts of repudiation
- Knowledge of other co-owners
- Evidence is clear, complete and
conclusive
- Possession is open, continuous
exclusive, notorious
Obligations of Co-owners after Partition
(ARIW)
- Accounting for benefits received
- Reimbursement for expenses
- Indemnity for damages (by reason
of negligence/fraud)
- Warranty
NEEEXT!
ACCESSION
Accession Discreta (produced)
1. Natural spontaneous products
of soil
2. Industrial through cultivation
and labor
3. Civil rents, life annuities,
gathering and preservation
Accession Continua (attached)
1. Accession industrial GR:
whatever is BPS on land of
another belongs to owner of the
land
2. Accession natural
a. Alluvium gradual (land
left dry belongs to State)
b. Avulsion by force
(owner may claim within 2
years pag land, 6 months
pag trees)
c. Natural change of river
course abandoned river
bed belongs to owner
whose land now covered
by new riverbed (may
reacquire by paying value)
d. Portion of land
isolated/separated by
river branching out,
retains ownership
e. Formation of island
navigable river: State.
Non-navigable: nearest
bank. Many banks? Share.
Lets play: Whose fault is it?
Players: Landowner v. BPS!
Round 1: Nobodys fault: GF-GF
Landowners Options (APR)
- Appropriate what was BPS-ed
after indemnifying necessary
expenses
- Oblige BPS to pay price and rent
- Remove what was BPS-ed if BPS
refuses to pay
BPS (ACR)
- If LO Appropriates, BPS retains
BPS until indemnified (must
account for fruits, though)
- Considerably higher value of land
than BPS, he cannot be obliged to
buy land
- Rent na lang, no choice.
Round 2: BPS fault: GF-BF
Landowners Options (ADC)
- Appropriate, obligation to pay
only necessary expenses
- Demand removal/demolition at
BPS expense
- Compel BPS to pay price
What happens to BPS? (LR)
- Loses what was BPS-ed with no
right to indemnity
- Reimbursed only for preservation
expenses
Round 3: Landowners fault: BF-GF
Landowner (VD)
- Value of work paid
- Damages paid
BPS (PI)
- Priority option to remove
- Indemnified for damages
Players: Principal and Accessory!
Round 1: Nobodys fault
What can Principal do? (ApD)
- Acquire accessory, but pay the
value
- Demand separation if no injury
will result
What can Accessory do? (DPd)
- Demand separation without injury
- Demand separation IF accessory
has greater value
Round 2: Principals fault
What can Accessory do? (ODI)
- Oblige Principal to pay
- Demand separation even if injury
will result
- Indemnity
Round 3: Accessorys fault
What can Principal do? (ODI)
- Oblige Principal to pay
- Demand separation even if injury
will result
- Indemnity
What will happen to Accessory? (LD)
- Lose his accessory
- Damages (liable)
MIXTURES/CONFUSION
No consent from owner (KPD)
- Demand delivery equal in kind and
value
- Payment of price
- Damages
Owner in bad faith (AD)
- Appropriate new thing
- Demand payment
POSSESSION
Degrees of Possession (JJTW)
- Juridical title
- Just title
- Title in fee
- Without any title (tolerance)
Classes of Possession (NCFP)
- Name (own/another)
- Concept (holder/owner)
- Faith (good/bad)
- Possession (actual/constructive)
How is Possession acquired? (OSP)
- Occupation (material)
- Subjection to ones will
- Proper acts and formalities (i.e.
succession, donation, sale)
Benefits of Possessor in Good Faith
(FPR3D)
- Fruits received before legally
terminated
- Proportionate right to fruits
- Retention until reimbursed
- Removal of useful improvements
if no damage
- No refund for pure
luxury/pleasure
- Not liable for deterioration/loss,
unless negligent/fraudulent
Rights of Possessor (RPR)
- Respected;
- Protected;
- Restored possession if unlawfully
deprived thereof
Rules on possession of hereditary
property (TDM)
- Transmission at death of decedent
- Defect not suffered by heir if
unaware (in re: fruits)
- Minors and incapacitated may
acquire possession with assistance
from legal representatives
Presumptions on Possession (LIX-PR)
- With Legal title
- Includes possession of movables
- Exclusive possession upon
partition
- Possession during intermediate
period
- Recovers a possession unjustly
lost, deemed to enjoy it without
interruption (for purposes of
acquisitive prescription)
Dispute of Possession: Preference (PLT-C)
- Present possessor
- Longer possessor
- Titled possessor
- Court decide, if all conditions are
equal
Loss of Possession (AAD-CP)
- Abandonment of thing (voluntary)
- Assignment
- Destruction/loss of thing
- Commerce-no-more
(expropriated)
- Possession for more than a year
USUFRUCT
Kinds (LVM, think poop)
- Law
- Voluntary
- Mixed
RIGHTS OF USUFRUCTUARY
To property and fruits (RIP-AUS)
- Receive all fruits (start
usufructuary. End belongs to the
owner)
- Increase through accession and
servitudes to be enjoyed
- Personal enjoyment (or may lease
it to another)
- Action for recovery, and oblige
owner to provide him with
necessary proofs
- Useful improvements for pleasure
without right of compensation
- Set-off improvements against any
damage to the usufructuary
To the usufruct itself (AX)
- Alienate right subject to period
- Exercise rights of co-owner
To advances and damages (3R)
- Reimbursement for advances
(extraordinary repairs, expenses,
taxes on capital)
- Retention of property until
reimbursement
- Respected his right of usufruct,
and be indemnified for damages
OBLIGATIONS OF USUFRUCTUARY
Before usufruct begins (IS)
- Inventory of property
- Give security
During the usufruct (TAR-PTN-C)
- Take care (good father of family)
- Answer for damages
- Repairs (ordinary with notification
to owner)
- Permit works and improvements
by the owner
- Tax payments
- Notify owner of prejudicial acts by
third persons
- Court expenses
After the usufruct (RI)
- Return the property, unless right
of retention exists
- Interest payment
Extinguishment of usufruct
(DXM-RTT-A)+(AME) -yeah.
- Death of usufructuary, unless a
contrary intention appears
- Expiration of period/fulfilment of
resolutory condition
- Merger of usufruct and ownership
- Renunciation, but not by bad use
- Total loss
- Termination of the right of person
constituting the usufruct
- Acquisitive prescription
- Annulment or rescission of
contract creating usufruct
- Mutual consent
- Emancipation which terminates
parental usufruct